Federal Communications Commission FCC 07-228
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Third Periodic Review of the 
Commissions Rules and Policies
Affecting the Conversion
To Digital Television
)
)
)
)
)
)
)
MB Docket No. 07-91
REPORT AND ORDER
Adopted:  December 22, 2007 Released:  December 31, 2007
By the Commission:  Chairman Martin, Commissioners Copps, Adelstein, Tate and McDowell 
issuing separate statements.
TABLE OF CONTENTS
Heading Paragraph #
I. INTRODUCTION.....................................................................................................................1
II. EXECUTIVE SUMMARY.......................................................................................................3
III. BACKGROUND.......................................................................................................................4
A. DTV Transition ...................................................................................................................5
B. DTV Construction Deadlines ............................................................................................12
IV. PROGRESS REPORT.............................................................................................................15
A. DTV Operations ................................................................................................................16
B. Consumer Capability to Receive DTV Signals .................................................................19
V. FINAL DTV TRANSITION RULES .....................................................................................28
A. Broadcasters Transition Status.........................................................................................31
1. Transition Status Reports (Form 387) Adopted ..........................................................34
2. Stations Identified as Ready to Commence Post-Transition Operations.....................36
B. Construction Deadlines for Full, Authorized DTV Facilities ...........................................37
1. Stations Whose Post-Transition Channel is Different From Their Pre-
Transition DTV Channel .............................................................................................42
2. Stations Whose Post-Transition Channel is the Same as Their Pre-Transition 
DTV Channel...............................................................................................................47
3. Stations Facing Unique Technical Challenges ............................................................53
4. Other Situations ...........................................................................................................55
5. Extension/Waiver of DTV Construction Deadlines ....................................................61
6. Sanctions for Failure to Meet Construction Deadlines................................................85
7. Phased Transition Provisions for Regulatory Relief ...................................................88
a. Temporary Use of In-core Pre-Transition DTV Channels ....................................92
b. Alternative Buildout to Maintain Existing Service ...............................................94
C. Service Disruptions Necessitated by Construction of Post-Transition Facilities..............98
Federal Communications Commission FCC 07-228
2
1. Temporary Service Disruptions.................................................................................100
2. Analog Service Reduction and Termination .............................................................107
3. Pre-Transition Digital Service Reduction and Termination......................................118
a. Termination of Digital Service on Pre-Transition Channel When 
Associated with Early Digital Operation on Post-Transition Channel................121
b. Termination of Digital Service on Pre-Transition Channel When 
Associated with Flash-cut....................................................................................124
4. Service Reductions or Terminations 90 Days Before the Transition Date ...............133
D. Applications to Construct or Modify DTV Facilities......................................................135
1. Expedited Processing.................................................................................................140
2. Program tests/License to Cover CP...........................................................................147
E. Expanding Facilities ........................................................................................................148
F. Post-Transition Interference Standards and Analysis Methodology...............................155
G. Coordination with Cable Operators, Satellite Systems, and Other MVPD 
Providers..........................................................................................................................170
1. Transition Status Filings............................................................................................171
2. Cable Coordination....................................................................................................173
a. Timing of Transition............................................................................................173
b. Signal Quality Standard.......................................................................................174
3. DBS Coordination .....................................................................................................175
4. Private Cable Operators and Master Antenna System Providers ..............................176
H. Other Issues .....................................................................................................................179
1. DTV Transmission Standard (ATSC A/53) ..............................................................179
2. Active Format Description (AFD).............................................................................183
3. Program System and Information Protocol (PSIP) Standard.................................185
4. Fees for Ancillary and Supplementary Services .......................................................195
5. Station Identification .................................................................................................199
VI. PROCEDURAL MATTERS.................................................................................................204
A. Final Regulatory Flexibility Analysis .............................................................................204
B. Final Paperwork Reduction Act Analysis .......................................................................205
C. Congressional Review Act ..............................................................................................208
D. Additional Information....................................................................................................209
VII.ORDERING CLAUSES .......................................................................................................210
APPENDICES
Appendix A  List of Commenters
Appendix B  Rule Changes 
Appendix C  Form Changes
Appendix D  List of Stations Identified as Ready to Commence Post-Transition Operations
Appendix E  Final Regulatory Flexibility Act Analysis
Appendix F  Stations Granted Extension Requests
Federal Communications Commission FCC 07-228
3
I. INTRODUCTION
1. Congress has mandated that after February 17, 2009, full-power television broadcast 
stations must transmit only digital signals and may no longer transmit analog signals.1 With this 
Report and Order in our third periodic review, we resolve issues necessary to complete the 
conversion of the nations broadcast television system from analog to digital television (DTV).  
We conduct these periodic reviews in order to assess the progress of the transition and make any 
necessary adjustments to the Commissions rules and policies to facilitate the introduction of 
DTV service and the recovery of spectrum at the end of the transition.2 In the Notice of 
Proposed Rulemaking in this third periodic review (Third DTV Periodic Review NPRM), we 
sought comment on several issues necessary to ensure that broadcasters meet the statutory 
transition deadline and complete construction of their final, post-transition (digital) facilities.3  
We received 125 comments, 22 reply comments, and numerous ex parte filings in response to 
the Third DTV Periodic Review NPRM.4
2. With the DTV transition deadline less than 14 months away, our focus is now on 
overseeing broadcasters construction of facilities that will reach viewers in their authorized 
service areas by the time they must cease broadcasting in analog.  Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory responsibilities and can begin 
operations on their final, post-transition (digital) channels upon expiration of the February 17, 
2009 transition deadline.  We want to ensure that no consumers are left behind in the DTV 
transition.  We recognize that the transition is a complex undertaking presenting many challenges 
to the broadcast industry and that some disruption of television service may be unavoidable 
leading up to the analog turn-off.  Therefore, we adopt rules to offer broadcasters regulatory 
flexibility, while at the same time requiring broadcasters to maintain the best possible television 
service to the public and meet viewers over-the-air reception expectations after the transition 
date.
  
1  See Digital Television and Public Safety Act of 2005 (DTV Act), which is Title III of the Deficit Reduction Act 
of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) (DRA) (codified at 47 U.S.C.  309(j)(14) and 337(e)).  DTV 
Act  3002(a) amends Section 309(j)(14) of the Communications Act to establish February 17, 2009 as a new hard 
deadline for the end of analog transmissions by full-power stations.  47 U.S.C.  309(j)(14)(A).  DTV Act  3002(b) 
directs the Commission to take such actions as are necessary (1) to terminate all licenses for full-power television 
stations in the analog television service, and to require the cessation of broadcasting by full-power stations in the 
analog television service, by February 18, 2009; and (2) to require by February 18, 2009,  all broadcasting by full-
power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 
and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).  47 U.S.C.A.  309 Note.  DTV Act  
3005(a) also created a coupon program to subsidize the purchase of digital-to-analog (D-to-A) converter boxes.  
Id.
2 The Commission has conducted two prior periodic reviews: the first in MM Docket No. 00-39 and the second in 
MB Docket No. 03-15.  See notes 9 and 10, infra.
3 Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion to Digital Television, MB 
Docket No. 07-91, Notice of Proposed Rulemaking, 22 FCC Rcd 9478 (2007) (Third DTV Periodic Review 
NPRM).
4 See Appendix A  List of Commenters.  Comments in response to the Third DTV Periodic Review NPRM were due 
Aug. 15, 2007, and replies were due Aug. 30, 2007.  See Third Periodic Review of the Commissions Rules and 
Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, Order Granting Extension of Time 
for Filing Comments and Reply Comments, 22 FCC Rcd 15046 (2007) (order granting seven-day extension of time 
to file comments in the proceeding).
Federal Communications Commission FCC 07-228
4
II. EXECUTIVE SUMMARY
3. In this Report and Order in our third periodic review, we (1) provide a progress report 
on the transition; (2) describe the status and readiness of stations to complete their transition; (3) 
adopt procedures and rule changes necessary to ensure that broadcasters meet the statutory 
transition deadline and complete construction of their final, post-transition facilities while 
maintaining the best possible television service to their viewers; and (4) address other issues 
related to the transition.  Stations face many challenges in order to be ready to make their 
transition by the February 17, 2009 statutory transition deadline.  Stations must focus their full 
attention on constructing their final digital facilities before they must cease analog operations.  In 
this Report and Order, we take the following actions to facilitate the completion of the transition 
for full-power television stations:5
 We establish February 17, 2009 as the construction deadline for stations building 
digital facilities based on a new channel allotment in the post-transition DTV Table of 
Allotments (DTV Table) and accompanying Appendix B (DTV Table Appendix 
B)6, i.e., stations that will be returning to their analog channel or moving to a new 
digital channel for post-transition operations.  These stations will not be required to 
construct a digital facility on their pre-transition DTV channel and will be permitted 
to forego further construction to the extent such a facility has been partially built.  
[Section V.B.1., infra, and revised Rule 47 C.F.R.  73.624(d)(1)(vii) in Appendix 
B.]
 We establish May 18, 2008 as the construction deadline for stations that will use their 
pre-transition DTV channel for post-transition operations and already have a 
construction permit that matches their post-transition (DTV Table Appendix B) 
facilities. [Section V.B.2., infra, and revised Rule 47 C.F.R.  73.624(d)(1)(v) in 
Appendix B.]
 We establish August 18, 2008 as the construction deadline for stations that will use 
their pre-transition DTV channel for post-transition operations, but which do not have 
a construction permit that matches their post-transition (DTV Table Appendix B) 
facilities. [Section V.B.2., infra, and revised Rule 47 C.F.R.  73.624(d)(1)(vi) in 
Appendix B.]
  
5 We note that the statutory transition deadline applies only to full-power stations.  See 47 U.S.C.  309(j)(14) and 
337(e).  The transition timing for low power, translator and Class A stations will be addressed in a separate 
proceeding.  See Amendment of Parts 73 and 74 of the Commissions Rules to Establish Rules for Digital Low 
Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A 
Television Stations, MB Docket No. 03-185, Report and Order, 19 FCC Rcd 19331, 19336  12 (2004) (LPTV DTV 
Report and Order).
6 The details of each stations channel assignment, including technical facilities and predicted service and 
interference information, are set forth in the DTV Table Appendix B.  See 47 C.F.R.  73.622(i), which codifies the 
post-transition DTV Table.  See also Advanced Television Systems and their Impact Upon the Existing Television 
Broadcast Service, MB Docket No. 87-268, Seventh Report and Order and Eighth Further Notice of Proposed Rule 
Making, 22 FCC Rcd 15581 (2007) (Seventh Report and Order and Eighth Further Notice).  The Commission 
proposed channel assignments and reference facilities for stations post-transition operations in a 2006 Notice of 
Proposed Rule Making in MB Docket No. 87-268.  See also Advanced Television Systems and Their Impact upon 
the Existing Television Broadcast Service, MB Docket No. 87-268, Seventh Further Notice of Proposed Rule 
Making, 21 FCC Rcd 12100 (2006) (Seventh FNPRM) (setting forth a channel for each eligible broadcast TV 
station in the proposed new DTV Table).
Federal Communications Commission FCC 07-228
5
 We establish February 17, 2009 as the construction deadline for stations 
demonstrating that a unique technical challenge, such as the need to reposition a side-
mounted antenna, prevents them from completing construction of their final DTV 
facilities.  [Section V.B.3., infra, and revised Rule 47 C.F.R.  73.624(d)(1)(vii) in 
Appendix B.]
 We establish stricter standards for granting extensions of time to construct digital 
facilities for all construction deadlines on or before February 17, 2009.  In addition, 
for construction deadlines occurring February 18, 2009 or later, we will consider such 
requests under the tolling standard set forth in Section 73.3598(b) of the rules.  We 
adopt our revised FCC Form 337, as proposed.  [Section V.B.5., infra, revised Rule 
47 C.F.R.  73.624(d)(3) in Appendix B and changes to FCC Form 337 in Appendix 
C.]
 We adopt FCC Form 387 and require all full-power television stations to file it by 
February 18, 2008, detailing their current transition status, additional steps necessary 
for digital-only operation upon expiration of the February 17, 2009 transition 
deadline, and a timeline for making those steps.  Stations must update the form as 
events warrant and by October 20, 2008 if they have not completed construction. 
[Section V.A.1., infra, and changes to FCC Form 387 in Appendix C.]
 We will permit stations that are moving to a different DTV channel for post-transition 
operations to temporarily remain on their pre-transition DTV channel while they 
complete construction of their final digital facilities, provided: (1) They build 
facilities that serve at least the same population that receives their current analog TV 
and DTV service so that over-the-air viewers will not lose TV service; and (2) They 
do not cause impermissible interference to other stations or prevent other stations 
from making their transition.  [Section V.B.7., infra.]
 We will permit stations to operate their post-transition facilities, pursuant to special 
temporary authority (STA), at less than their full, authorized facilities, provided: (1) 
They demonstrate a unique technical challenge (as defined in Section V.B.5., infra) 
and they can serve at least 85 percent of the same population that receives their 
current analog TV and DTV service; or (2) A significant technical impediment to the 
construction of their full, authorized facilities that would not otherwise qualify for an 
extension of time to construct facilities under the new, stricter standard adopted 
herein and they serve at least 100 percent of the same population that receives their 
current analog TV and DTV service so that over-the-air viewers will not lose TV 
service.  In addition, stations must demonstrate that they do not cause impermissible 
interference to other stations or prevent other stations from making their transition.  
Finally, stations that cannot serve at least 100 percent of the same population that 
receives their current analog TV and DTV service must comply with a viewer 
notification requirement.  [Section V.B.7., infra.]
 We clarify that, under existing rules, a station may temporarily reduce or cease 
service on their pre-transition analog or digital channel for a period of 30 days or less, 
upon notification to the Commission and without prior approval, when necessary to 
complete construction of the post-transition digital facility.  [Section V.C.1., infra and 
revised Rule 47 C.F.R.  73.1615.]
Federal Communications Commission FCC 07-228
6
 We will provide stations with the flexibility to permanently reduce or terminate their 
analog or pre-transition digital service before the transition date, provided the station 
satisfies the following two requirements:  (1) The station demonstrates that its service 
reduction or termination is directly related to the construction and operation of its, or 
another stations, post-transition facilities; and (2) The station notifies viewers on its 
pre-transition channel(s) about the planned service reduction or termination and 
informs them about how they can continue to receive the station.  [Section V.C.2-3., 
infra.]
 To provide additional flexibility within 90 days of the February 17, 2009 transition 
date (i.e., beginning on or after November 19, 2008), we will allow stations to 
permanently reduce or terminate their analog or pre-transition digital service without 
prior approval upon notification to the Commission 30 days prior to the planned 
permanent service reduction or termination.  The station must still comply with a 
viewer notification requirement.  [Section V.C.4., infra.]
 We will permit stations that are moving to a different DTV channel for post-transition 
operations to cease operations on their pre-transition digital channels and begin 
operating on their new channels before the transition date, provided: (1) The early 
transitioning stations will not cause impermissible interference to another station; and 
(2) The early transitioning stations continue to serve their existing viewers for the 
remainder of the transition and commence their full, authorized post-transition 
operations upon expiration of the February 17, 2009 transition deadline.  [Section 
V.C.3.a., infra.] 
 We will offer expedited processing of stations applications to build their post-
transition facilities, provided that their application:  (1) does not seek to expand the 
stations facilities beyond its final DTV Table Appendix B facilities; (2) specifies 
facilities that are no more than five percent smaller than those specified in the post-
transition DTV Table Appendix B (with respect to predicted population); and (3) is 
filed within 45 days of the effective date of this Report and Order.  We adopt our 
revised FCC Forms 301 and 340, as proposed.  [Section V.D., infra and changes to 
FCC Forms 301 and 340 in Appendix C.]
 We announce our intent to lift the freeze on the filing of maximization applications on 
August 17, 2008, the date by which we expect to have completed processing stations 
applications to build their post-transition facilities.  Until this date, we will maintain 
our freeze and will not accept maximization applications to expand facilities.  
[Section V.E., infra.]
 We adopt a waiver policy that will permit rapid approval of minor (i.e., not exceeding 
5 miles) expansion applications filed by stations that will not use their pre-transition 
DTV channel for post-transition operation.  This policy will allow added flexibility 
for stations that wish to use their existing analog channel antenna, which provides 
benefits for the successful completion of the transition by reducing the demands on 
equipment suppliers and installation crews during a critical time as the transition date 
nears.  [Section V.E., infra.]
 We adopt a 0.5 percent new interference standard (i.e., only considering interference 
in addition to that contained in the post-transition DTV Table Appendix B) to apply 
to applications for post-transition facilities and also to future maximization 
Federal Communications Commission FCC 07-228
7
applications and applications to implement new allotments. [Section V.F., infra and 
Rule 47 C.F.R.  73.616 in Appendix B.]
 We update the Commissions rules to reflect the latest revisions to the ATSC 
standards concerning DTV transmission and PSIP. [Sections V.H.1-3., infra and Rule 
47 C.F.R.  73.682(d) in Appendix B.]
 We revise Section 73.624(g) to require DTV stations that are permittees operating 
pursuant to an STA or any other FCC instrument authorizing DTV transmissions to 
file FCC Form 317 and pay fees on any revenue derived from feeable ancillary or 
supplementary services in the same way required of DTV licensees.  [Sections 
V.H.4., infra, Rule 47 C.F.R.  73.624(g) in Appendix B, and changes to FCC Form 
317 in Appendix C.]
 We clarify our station identification requirements for digital stations in situations 
where one of a stations multicast streams is being used to air programming provided 
by another broadcast station, such as a low power station, or another programming 
source. [Section V.H.5., infra.]
 We discuss MVPDs obligations with respect to carriage of digital stations after the 
transition.  [Section V.G., infra.]
III. BACKGROUND
4. Congress specifically requires the Commission to periodically evaluate the progress 
of the nations transition to DTV.7 The Commission initiated this third DTV periodic review in 
April 2007.8 The previous two DTV periodic reviews began in March 20009 and January 2003,10
respectively.  In addition to these periodic reviews, the Commission conducts the ongoing DTV 
proceeding, in which we recently established the DTV Table of Allotments for stations post-
transition operations (post-transition DTV Table).11
  
7 See 47 U.S.C. 336(g).
8 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9478.
9 See Review of the Commissions Rules and Policies Affecting the Conversion to Digital Television, MM Docket 
No. 00-39, Notice of Proposed Rule Making, 15 FCC Rcd 5257 (2000) (First DTV Periodic NPRM).  As a result 
of this proceeding, the Commission made a number of determinations in furtherance of the digital transition.  See 
Review of the Commissions Rules and Policies Affecting the Conversion to Digital Television, MM Docket No. 00-
39, Report and Order, 16 FCC Rcd 5946 (2001) (First DTV Periodic Report and Order) (addressing channel 
election and interference protection deadlines), on recon., 16 FCC Rcd 20594 (2001) (First DTV Periodic 
MO&O), Second Report and Order and Second Memorandum Opinion and Order, 17 FCC Rcd 15978 (2002) 
(DTV Tuner Order) (addressing DTV receiver standards and labeling requirements).  See also Third Memorandum 
Opinion and Order on Reconsideration, 17 FCC Rcd 18571 (2002) (denying a Petition for Reconsideration of the 
determination that DTV area expansion applications must protect certain earlier-filed NTSC applications).
10 See Second Periodic Review of the Commissions Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 03-15, Notice of Proposed Rule Making, 18 FCC Rcd 1279 (2003) (Second DTV 
Periodic NPRM).  The Commission, among other things, determined how the channel-election process would 
operate and established replication and maximization deadlines.  Second Periodic Review of the Commissions Rules 
and Policies Affecting the Conversion to Digital Television, MB Docket No. 03-15, Report and Order, 19 FCC Rcd 
18279, 18281 (2004) (Second DTV Periodic Report and Order).  
11 See 47 C.F.R.  73.622(i), which codifies the post-transition DTV Table.  See also Seventh Report and Order, 
App. B.  The Commission proposed the post-transition DTV Table in the October 2006 Seventh Further Notice.  See 
Seventh FNPRM at App. B.  The Commission established the initial DTV Table of Allotments in 1997.  See
(continued.)
Federal Communications Commission FCC 07-228
8
A. DTV Transition
5. In early 2006, Congress enacted significant statutory changes to the DTV transition in 
the DTV Act.  Most importantly, it set February 17, 2009, as the date certain for the end of the 
DTV transition, at which time all full-power television broadcast stations must cease their analog 
transmissions.12 The DTV Act does not provide for waivers or extensions of this deadline for 
cessation of analog broadcasts.13 The DTV Act also requires broadcast licensees to cease 
operations outside the core spectrum after February 17, 2009 in order to make that spectrum 
available for public safety and commercial wireless uses.14 All full-power TV broadcast stations 
must be operating inside the core TV spectrum and only in digital at the end of the transition on 
February 17, 2009.15
6. In April 2007, the Commission initiated this third periodic review of the nations 
conversion from analog to DTV broadcasting.16 The Commission sought comment on a range of 
proposals intended to ensure that broadcasters meet their statutory responsibilities and can begin 
operations on their final, post-transition (digital) channels upon expiration of the February 17, 
2009 transition deadline.  The Commission made a number of proposals regarding the 
procedures and standards applicants must follow in filing applications for facilities specified in 
the final, post-transition DTV Table of Allotments (DTV Table).17
7. Development of DTV Table.  In the 2004 Second DTV Periodic Report and Order, 
the Commission established a three-round channel-election process through which eligible 
broadcast licensees and permittees (collectively, licensees) selected their post-transition 
(Continued from previous page)    
Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 
87-268, Sixth Report and Order, 12 FCC Rcd 14588 (1997) (Sixth Report and Order).  The details of each 
stations channel assignment under the initial DTV Table, including technical facilities and predicted service and 
interference information, were set forth in the initial Appendix B of the Sixth Report and Order (initial Appendix 
B).  See Sixth Report and Order, 12 FCC Rcd at 14693, app. B.  The initial Appendix B was amended in 1998.  See 
Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998) 
(DTV Sixth Memorandum Opinion and Order) and Second Memorandum Opinion and Order on Reconsideration 
of the Fifth and Sixth Report and Orders, 14 FCC Rcd 1348 (1998) (DTV Second Memorandum Opinion and 
Order).  Simultaneous with the adoption of the Sixth Report and Order, the Commission announced DTV channel 
assignments for eligible licensees in the Fifth Report and Order in the same docket.  See Fifth Report and Order, 12 
FCC Rcd 12809, 12892, app. E (1997) (Fifth Report and Order).
12 47 U.S.C.  309(j)(14) (A full-power television broadcast license that authorizes analog television service may 
not be renewed to authorize such service for a period that extends beyond February 17, 2009.).  See also 47 U.S.C. 
 337(e).
13 Previously, 47 U.S.C.  309(j)(14) provided an exception to the earlier December 31, 2006 transition deadline 
under several market-by-market criteria.  47 U.S.C.  309(j)(14)(B)(2005).  Congress eliminated the statutory 
provisions authorizing market-specific extensions of the DTV transition, including the 85 percent benchmark for 
DTV reception.  This new hard deadline obviates the need for any further discussion of how to interpret and 
implement the former Section 309(j)(14)(B) of the Act, an issue previously deferred by the Second DTV Periodic 
Report and Order, 19 FCC Rcd at 18282,  6.  
14 See 47 U.S.C.  337(e)(1).
15 Id.
16 See generally Third DTV Periodic Review NPRM, 22 FCC Rcd 9478.
17 Id. at 9516-9519,  92-96.
Federal Communications Commission FCC 07-228
9
channels inside the core TV spectrum (i.e., channels 2-51).18 At the start of this process, 
licensees proposed their post-transition facilities.19 After each channel election round, the 
Commission announced proposed post-transition channels  called tentative channel 
designations (TCDs).  In order to facilitate the development of a final, post-transition DTV 
Table, the Media Bureau announced a freeze on the filing of certain requests for allotment or 
service area changes.20 The Commission has maintained the filing freeze to ensure that each 
station has an opportunity to apply for and construct its authorized facility.21
8. The channel election process culminated in the adoption of the post-transition DTV 
Table in the August 2007, Seventh Report and Order.22 The post-transition DTV Table provides 
eligible stations channels for post-transition operations inside the core TV spectrum and is the 
result of informed decisions made by eligible licensees during the Commissions channel 
election process, as well as the Commissions efforts to promote overall spectrum efficiency and 
ensure that broadcasters provide the best possible service to the public, including service to local 
communities.23 The post-transition DTV Table will ultimately replace the current (pre-
transition) DTV Table at the end of the transition; however, we note that, in certain defined 
  
18 Second DTV Periodic Report and Order, 19 FCC Rcd at 18292,  33.  The Commission received 11 petitions for 
reconsideration of the Second DTV Periodic Report and Order, raising a number of issues, most of which have been 
rendered moot by the completion of the channel election process. 
19 In November 2004, licensees filed certifications via FCC Form 381 in order to define their proposed post-
transition facilities.  In these certifications, licensees chose whether to (1) replicate their allotted facilities, (2) 
maximize to their currently authorized facilities, or (3) reduce to a currently authorized smaller facility.  See Public 
Notice, DTV Channel Election Information and Deadlines, 19 FCC Rcd 19569 (MB 2004) (Certification 
Deadline PN).  Stations that did not submit certification forms by the deadline were evaluated based on replication 
facilities.  See Second DTV Periodic Report and Order, 19 FCC Rcd at 18296,  41.
20 See Public Notice, Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area 
Changes, 19 FCC Rcd 14810, 14810-11 (MB 2004) (August 2004 Filing Freeze PN).  The freeze, which was 
imposed on August 3, 2004  prior to the commencement of the channel election process, precludes parties from 
filing the following items:  (i) petitions for rulemaking to change DTV channels within the current DTV Table, (ii) 
petitions for rulemaking to establish a new DTV channel allotment, (iii) petitions for rulemaking to swap in-core 
DTV and NTSC channels; (iv) applications to change DTV channel allotments among two or more licensees; (v) 
petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) 
applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications.  The 
freeze does not prevent the processing of pending applications.  See id.  See also 47 C.F.R.  73.1690, 73.3533, 
73.3538. 
21 In the Seventh Report and Order, we denied seven requests of stations seeking a waiver of the filing freeze, except 
for one station which demonstrated unique circumstances.  Seventh Report and Order, 22 FCC Rcd at 15618-9,  90.
22 Seventh Report and Order at apps. A and B.  See also 47 C.F.R.  73.622(i).  Approximately 123 stations have 
filed petitions for reconsideration of the Seventh Report and Order, which remain pending.  Most of the Petitions 
request changes to facilities previously certified.  These requests will be addressed in a separate Order of 
Reconsideration after the conclusion of the period for oppositions and responses.  In the Eighth Further Notice, 
which accompanied the Seventh Report and Order, the Commission announced TCDs for three new permittees that 
recently attained permittee status and also considered requests for substantive modifications to the post-transition 
DTV Table which were made after the close of the comment period for the Seventh Further Notice.  Comments on 
these proposed changes to DTV Table in the Eighth Further Notice were due Oct. 10, 2007 and replies were due 
Oct. 25, 2007.  See Public Notice, Media Bureau Announces Comment and Reply Comment Dates for the DTV 
Eighth Further Notice of Proposed Rule making, MB Docket No. 87-268, 22 FCC Rcd 16846 (2007).
23 See Seventh Report and Order, 22 FCC Rcd at 15583,  2.
Federal Communications Commission FCC 07-228
10
circumstances, stations may be permitted to temporarily remain on their pre-transition DTV 
channel after the transition date.24
9. Approximately 123 Petitions for Reconsideration of the Seventh Report and Order
were filed by October 26, 2007, the close of the pleading cycle, representing approximately 200 
stations, most of them requesting changes to their Appendix B facilities to accommodate their 
preference to use their existing analog antenna when they return to their analog channel for post-
transition digital operation.25 In addition, we have received several Petitions for Reconsideration 
filed after the 30-day statutory deadline.26 Moreover, we recognize that not all stations that may 
want to revise their Appendix B facilities to assure that they will be permitted to continue serving 
their analog viewers with their post-transition digital facility have filed Petitions for 
Reconsideration, and that not all of those stations that have failed to file petitions can be, 
alternatively, fully addressed through the application process adopted in this Report and Order.27  
Therefore, in light of the urgent need to finalize post-transition facilities so that all full power 
stations can complete the transition by February 17, 2009, we delegate to the Media Bureau the 
authority to amend the DTV Table of Allotments and Appendix B to the DTV Table of 
Allotments as needed up to the full power transition deadline.  Such proceedings at the Bureau 
level may be expedited as necessary, including being conducted without notice and comment 
where good cause is found because the requested change does not adversely affect any other 
stations post-transition operations.28  
10. Reclamation of the 700 MHz Bands.  As a result of the DTV transition, 108 
megahertz of spectrum in the 700 MHz Band (TV Channels 52-69) will be made available for 
critically important public safety needs and new wireless services.  In passing the DTV Act,29
Congress directed the Commission to commence the auction of recovered analog broadcast 
spectrum no later than January 28, 2008, and deposit the proceeds of the auction in the Digital 
Television Transition and Public Safety Fund no later than June 30, 2008.30 Accordingly, in 
April 2007, we made changes to the 700 MHz band plan to enable public safety entities to use 
  
24 As explained below in Section V.B.7.a., some stations will be permitted to use their pre-transition DTV channel, 
temporarily, after the February 17, 2009 transition date.  The current NTSC Table, which is contained in 47 C.F.R.  
73.606(b), will become obsolete at the end of the transition, when all full-power analog operations must cease.  We 
anticipate initiating another proceeding to address these and other clean-up changes to our rules to eliminate 
outdated references to analog and out-of-core operations. See Seventh Report and Order, 22 FCC Rcd at 15583, 1 
n.1.
25 We addressed and resolved 30 similar requests that were raised during the comment period for the Seventh Report 
and Order, and we will address these additional requests on reconsideration.
26 47 U.S.C.  405 (A petition for reconsideration must be filed within 30 days from the date upon which public 
notice is given of the order, decision, report, or action complained of.)
27 See discussion in Section V.E., infra (allowing expansion of facilities up to five miles if necessary to serve current 
analog viewers).
28 See 5 U.S.C.  553(b)(3)(B) (allowing for implementation without notice and comment if good cause exists where 
notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest).  Where any 
requested change to the Table or Appendix may affect another stations operations, we expect the Bureau to issue an 
NPRM and provide an opportunity for public comment.  Stations should file in Docket No. 87-268 when seeking a 
correction to Appendix B.
29 See 47 U.S.C.  337(e)(1).
30 DTV Act  3003-4.
Federal Communications Commission FCC 07-228
11
wireless broadband technology and prepare for the auction of the remaining spectrum in that 
band.31 Furthermore, in July 2007, we specifically redesignated 10 megahertz of public safety 
700 MHz spectrum (763-768/793-798 MHz) for the purpose of establishing a nationwide, 
interoperable broadband public safety communications network.32 The Wireless 
Telecommunications Bureau has scheduled the auction of the remaining commercial spectrum of 
the 700 MHz Band on January 24, 2008.33
11. Prior to the DTV Act, the Commission reallocated the 700 MHz Band in separate 
proceedings, first for the 60 megahertz covering TV Channels 60-69 (Upper 700 MHz Band)34
and then for the 48 megahertz covering TV Channels 52-59 (Lower 700 MHz Band).35 In the 
Balanced Budget Act of 1997 (Balanced Budget Act),36 Congress specifically directed that the 
allocation of the Upper 700 MHz Band include 24 megahertz of spectrum for public safety and 
  
31 See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Revision of the 
Commissions Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-
102, Section 68.4(a) of the Commissions Rules Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-
309, Biennial Regulatory Review  Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize Various 
Rules Affecting Wireless Radio Services, WT Docket 03-264, Former Nextel Communications, Inc. Upper 700 MHz 
Guard Band Licenses and Revisions to Part 27 of the Commissions Rules, WT Docket No. 06-169, Implementing a 
Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, PS Docket No. 06-229, 
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public 
Safety Communications Requirements Through the Year 2010, WT Docket No. 96-86, Declaratory Ruling on 
Reporting Requirement under Commissions Part 1 Anti-Collusion Rule, WT Docket No. 07-166, Report and Order 
and Further Notice of Proposed Rulemaking, 22 FCC Rcd 8064 (2007) (700 MHz First Report and Order).
32 See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Revision of the 
Commissions Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-
102, Section 68.4(a) of the Commissions Rules Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-
309, Biennial Regulatory Review  Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize Various 
Rules Affecting Wireless Radio Services, WT Docket 03-264, Former Nextel Communications, Inc. Upper 700 MHz 
Guard Band Licenses and Revisions to Part 27 of the Commissions Rules, WT Docket No. 06-169, Implementing a 
Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, PS Docket No. 06-229, 
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public 
Safety Communications Requirements Through the Year 2010, WT Docket No. 96-86, Declaratory Ruling on 
Reporting Requirement under Commissions Part 1 Anti-Collusion Rule, WT Docket No. 07-166, Second Report and 
Order, 22 FCC Rcd 15289 (2007) (700 MHz Second Report and Order). 
33 See Public Notice, Auction of 700 MHz Band Licenses Scheduled for January 24, 2008: Notice and Filing 
Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 
and 76, AU Docket No. 07-157 (rel. Oct. 5, 2007); Public Notice, Auction of 700 MHz Band Licenses; Revised 
Procedure for Auctions 73 and 76: Additional Default Payment for D Block Set at Ten Percent of Winning Bid 
Amount; Disputed Issues in the Negotiation of Network Sharing Agreement, WT Docket No. 06-150, (rel. Nov. 2, 
2007).
34 See Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET Docket No. 97-157, Report and 
Order, 12 FCC Rcd 22953 (1998), recon. 13 FCC Rcd 21578 (1998) (Upper 700 MHz Reallocation Order); 
Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, WT 
Docket No. 99-168, First Report and Order, 15 FCC Rcd 476 (2000) (Upper 700 MHz First Report and Order).
35 See Reallocation and Service Rules for the 698-746 MHz Spectrum Band  (Television Channels 52-59), GN 
Docket No. 01-74, Report and Order, 17 FCC Rcd 1022 (2002) (Lower 700 MHz Report and Order); 
Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), GN Docket No. 
01-74, Memorandum Opinion and Order, 17 FCC Rcd 11613 (2002) (Lower 700 MHz MO&O).
36 See Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251  3004 (1997) (adding new  337 of the 
Communications Act); Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22955   5.
Federal Communications Commission FCC 07-228
12
36 megahertz for commercial services.  Accordingly, the Commission divided the Upper 700 
MHz Band to include a 24-megahertz allocation for public safety use,37 and a 36-megahertz 
allocation for commercial use, of which 6 megahertz comprised the Guard Bands spectrum.38  
With regard to the Lower 700 MHz Band, Congress also directed that the Commission reclaim 
and organize spectrum beyond that in the Upper 700 MHz Band, in a manner consistent with 
the objectives of Section 309(j)(3) of the Act.39 While Congress did not direct the amount of 
spectrum to be reclaimed, the Commission determined that all broadcasters using digital 
transmission systems could be accommodated in the core TV spectrum (i.e., TV Channels 2-51). 
As a result, the 48 megahertz of spectrum in the Lower 700 MHz Band (698-746 MHz) would 
become available for new services through competitive bidding.40
B. DTV Construction Deadlines
12. In 1997, the Commission adopted a DTV construction schedule that provided for 
varying construction deadlines based on the size of the market and type of station, with all 
stations required to construct by May 1, 2003.41 In the 2004 Second DTV Periodic Report and 
Order, the Commission established two deadlines by which stations were expected to either 
replicate or maximize DTV service on their current (pre-transition) DTV channel or lose 
interference protection to the unserved areas on that channel.42 By July 1, 2005, top-four 
network affiliates in the top 100 markets were required to fully replicate or maximize if they will 
remain on their DTV channel after the transition.  If these stations were to move to another 
channel post-transition, they were required to serve at least 100 percent of their replication 
service population by July 1, 2005.  By July 1, 2006, all other stations were required to fully 
replicate and maximize if they were to remain on their current DTV channel after the transition.  
If they were to move to another channel post-transition, they were required to serve at least 80 
percent of their replication service population by July 1, 2006.43 The Commission stated that 
stations that met the applicable use-or-lose deadline and that are going to move to a different 
  
37 See 47 U.S.C.  337(a) (enacted by the Balanced Budget Act of 1997  3004, which added new Section 337(a) 
and established an initial timetable for conducting auctions).
38 See Former Nextel Communications, Inc. Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the 
Commission's Rules, Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State 
and Local Public Safety Communications Requirements Through the Year 2010, WT Docket Nos. 06-169 and 96-
86, Notice of Proposed Rule Making, 21 FCC Rcd at 10414,  1 n.1 (2006).
39 47 U.S.C.   309(j)(14)(C)(i)(II) (2005).
40 See DTV Memorandum Opinion and Order of the Sixth Report and Order, 13 FCC Rcd at 7435-36,  42 (1998). 
The Commission stated that expanding the DTV core spectrum would permit recovery of 108 megahertz of 
spectrum at the end of the DTV transition period. Id. at 7436,  45.  Interference protections for current channel 51 
licensees and new channel 51 allotments, vis a vis Wireless Communications Service auction winners, is discussed 
in Section V.F. ( 169), infra.
41 Under this schedule, television stations in the 10 largest TV markets and affiliated with the top four television 
networks (ABC, CBS, Fox, and NBC) were required to build DTV facilities by May 1, 1999.  Stations affiliated 
with those networks in television markets 11 through 30 were required to construct their DTV facilities by 
November 1, 1999.  All other commercial stations were required to construct their DTV facilities by May 1, 2002, 
and all noncommercial stations were to have constructed their DTV facilities by May 1, 2003.  47 C.F.R.  
73.624(d)(1). 
42 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18311-18319,  72-87.
43 Id. at 18314-18315,  78.
Federal Communications Commission FCC 07-228
13
channel after the transition would be permitted to carry over their authorized maximized areas to 
their new channels.44 In addition, these use-or-lose replication/maximization deadlines became 
the new deadlines for stations operating temporary DTV facilities pursuant to STA to complete 
construction of their licensed DTV facilities.45 Approximately 80 percent of the stations in each 
of these categories met their respective deadlines.46
13. In the Second DTV Periodic Report and Order, the Commission also noted that 
certain stations had not yet been granted an initial DTV construction permit.  The Commission 
required that, by August 4, 2005, all such stations construct and operate checklist facilities that 
conform to the parameters of the DTV Table and other key processing requirements.  The 
Commission stated that it would consider requests for waiver of the August 4, 2005 deadline on 
a case-by-case basis, using the criteria for extension of DTV construction deadlines.47
14. In 2007, the Commission in the Construction Deadline Extension Order and the Use 
or Lose Order addressed applications filed by stations for extensions of time to construct DTV 
facilities and/or waivers of the deadline by which stations must build DTV facilities in order to 
retain the ability to carry over interference protection to their post-transition channel (so-called 
use or lose waivers).48 In the Construction Deadline Extension Order, the Commission 
considered 145 requests for an extension of time to construct a DTV facility.49 For 107 stations 
whose pre-transition DTV channel is the same as their post-transition channel, the Commission 
granted these applications and gave these stations until November 18, 2007,50 in which to 
complete construction.51 For 29 stations whose pre-transition DTV channel is different from 
  
44 Id. at 18317-18318,  85-86.
45 In 2001, the Commission temporarily deferred (until the Second DTV Periodic Review) the establishment of 
construction deadlines for these stations, provided they constructed initial DTV facilities designed to serve at least 
their communities of license.  See First DTV Periodic MO&O, 16 FCC Rcd at 20597-98,  10, 20603-04,  24.
46 See  14, infra.
47 Second DTV Periodic Review Report and Order, 19 FCC Rcd at 18327-18328,  111.  See 47 C.F.R.  
73.622(f)(2); Public Notice, Commission Details Application Filing Procedures for Digital Television, 1997 WL 
637847 (MB rel. Oct. 16, 1997).  Checklist facilities have power and antenna height equal to or less than those 
specified in the DTV Table and are located within a specified minimum distance from the reference coordinates 
specified in the DTV Table. Because these facilities comply with the interference requirements specified in the 
rules, no further consideration of interference is required.  In addition, because the DTV Table was coordinated with 
Canada and Mexico, checklist facilities generally did not require further international coordination.
48 See generally DTV Build-Out; Applications Requesting Extension of the Digital Television Construction 
Deadline, Order, 22 FCC Rcd 9789 (2007) (Construction Deadline Extension Order); and DTV Build-Out; 
Requests for Waiver of July 1, 2005 and July 1, 2006 Use or Lose Deadlines Requests for Waiver of the August 4, 
2005 Checklist Deadline, Order, 22 FCC Rcd 9750 (2007) (Use or Lose Order).  Three petitions for 
reconsideration were filed to the Construction Deadline Extension Order and 11 petitions for reconsideration were 
filed to the Use or Lose Order. See Public Notice, DTV Channel Election Information and Deadlines, 19 FCC Rcd 
19569 (MB 2004) (Certification Deadline PN).
49 See Construction Deadline Extension Order, 22 FCC Rcd at 9789-90,  1.  The Commission granted 140 of these 
extension requests, 110 of which were to stations remaining on their current DTV channel for post-transition use.  
Id. 
50 November 18, 2007 is based on six months from the release date of the Construction Deadline Extension Order
(May 18, 2007). 
51 See id. at 9792,  10-61.
Federal Communications Commission FCC 07-228
14
their post-transition channel, the Commission granted these applications and gave these stations 
until 30 days after the effective date of the amendments to Section 73.624(d) of the rules adopted 
in the Report and Order in this Third DTV Periodic Review proceeding in which to complete 
construction.52 In the Use or Lose Order, the Commission considered 192 requests for waiver of 
the use or lose deadlines.53 For 102 stations whose pre-transition DTV channel is the same as 
the stations post-transition DTV channel, the Commission granted these stations a waiver and 
gave them until November 18, 2007, to meet the use or lose deadline.54 For 38 stations whose 
pre-transition DTV channel is different from the stations post-transition channel, the 
Commission granted these stations a waiver and gave them until 30 days after the effective date 
of the amendments to Section 73.624(d) of the rules adopted in the Report and Order in this 
Third DTV Periodic Review proceeding in which to complete construction.55 In both of these 
orders, the Commission reminded stations that the hard deadline for termination of analog TV 
service prevents consideration of any request for extension of full-power analog TV service 
beyond that date.  The Commission advised stations given an extension or waiver to utilize this 
time to take all steps possible to complete construction as further extension or waiver requests 
may be evaluated under a more stringent standard.56 Those stations that have a construction 
permit for which the original time to complete construction has not yet expired or that had their 
original construction permit extended to a date that has not yet expired were not addressed in the 
Construction Deadline Extension Order or Use-or-Lose Order.  These stations were directed to 
continue to follow existing rules and procedures (i.e., continue to build their current DTV 
construction permit and, if that construction permit will expire before they can complete 
  
52 See id. at 9802-9805, Section III.B. ( 62-81).  As discussed in the Third DTV Periodic Review NPRM, 22 FCC 
Rcd at 9506,  73, the Commission also granted CP extensions until February 17, 2009 to four stations, facing 
unique technical challenges (e.g., side-mounted/top-mounted antenna-related issues) preventing them from 
completing construction of their DTV facilities.  See Construction Deadline Extension Order, 22 FCC Rcd at 9789-
90,  1 and 9805-9806 Section III.C. ( 82-87).  As discussed in the Third DTV Periodic Review NPRM, 22 FCC 
Rcd at 9508,  77, the Commission denied the extension requests of five stations:  two of which met their DTV 
construction obligations and were permitted to continue to operate their licensed facilities, while the other three 
stations were admonished for failing to meet their DTV construction obligations.  See Construction Deadline 
Extension Order, 22 FCC Rcd at 9806-9809, Section III.D. and E. ( 88-99).
53 See Use or Lose Order, 22 FCC Rcd at 9751,  1.  The Commission granted 185 of these use-or-lose waiver 
requests, 130 of which were to stations remaining on their current DTV channel for post-transition use.  Id.  The Use 
or Lose Order was adopted simultaneously with the Construction Deadline Extension Order.
54 The Commission granted these applications an additional six months from the release date of the Use or Lose 
Order in which to complete construction. See id. at 9751, Section V.A. ( 10-63).
55 See id. at 9760-9761,  64.  As discussed in the Third DTV Periodic Review NPRM, 22 FCC Rcd at 9506,  73, 
the Commission also granted 45 stations, facing unique technical challenges (e.g., side-mounted antenna-related 
issues) preventing them from meeting the applicable replication/maximization requirements, use or lose waivers 
and CP extensions until February 17, 2009.  See Use or Lose Order, 22 FCC Rcd 9751,  1 and 9764-9769, Section 
III.C. ( 79-115).  As discussed in the Third DTV Periodic Review NPRM, 22 FCC Rcd at 9507,  78, the 
Commission denied the use or lose waiver requests of seven stations.  See Use or Lose Order, 22 FCC Rcd at
9751,  1 and 9769-9771, Section III.D. ( 116-126).  As discussed in the Third DTV Periodic Review NPRM, 22 
FCC Rcd at 9507,  75, the Commission granted 10 stations their requests for waiver of the checklist deadline (the 
August 4, 2005 deadline established for all television stations to construct and operate checklist DTV facilities). 
See Use or Lose Order, 22 FCC Rcd at 9751,  1 and 9771-9772, Section III.E. ( 127-136).
56 See Construction Deadline Extension Order, 22 FCC Rcd at 9790,  2-3; and Use or Lose Order, 22 FCC Rcd at 
9752,  3-4.
Federal Communications Commission FCC 07-228
15
construction, file a request to obtain Commission approval for extension of the construction 
permit).57
IV. PROGRESS REPORT
15. The transition to DTV is a complex undertaking, affecting virtually every segment of 
the television industry and every American who watches television.  The Commission has been 
facilitating the transition to DTV by adopting a standard for digital broadcasting, creating an 
initial and post-transition DTV Table, awarding DTV licenses, establishing operating rules for 
the new service, monitoring the physical build-out of DTV broadcast stations, and helping to 
educate consumers about the transition.  At the end of the transition, television broadcast 
operations will be limited to the core TV spectrum.58 This will enable the recovery of a total of 
108 MHz of spectrum (i.e., TV channels 52-69)59 for critically important public safety needs and 
new wireless services.60
A. DTV Operations
16. As of December 17, 2007, 1,706 television stations in all markets (representing 
approximately 99 percent of all stations) have been granted a DTV construction permit (CP) or 
license. A total of 1,635 stations are now broadcasting a digital signal.  Of these, 1,396 stations 
have authorized licensed facilities or program test authority and 239 stations are operating 
pursuant to STA or experimental DTV authority. 61  
17. In the top 30 television markets, all 119 top-four network-affiliated television stations 
are on the air in digital; 113 are licensed DTV facilities or program test authority and six have 
STAs.  In markets 1-10, all 40 top-four network affiliated stations are providing digital service, 
38 with licensed DTV facilities and two with STAs.  In markets 11-30, all 79 top-four network 
affiliated stations are providing DTV service, 75 with licensed DTV facilities and four with 
STAs.62  
  
57 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9501,  57.  Since the release of the Construction Deadline 
Extension and Use-or-Lose orders, 83 stations have filed extension requests and 69 stations have filed for use-or-
lose waivers.  These numbers include requests for additional time as well as new requests filed with respect to 
deadlines that occurred after the Orders were drafted.  The Third DTV Periodic Review NPRM did not require the 
usual reporting and progress requirements for some stations according to the rules of the Construction Deadline 
Extension Order, in light of the ongoing consideration of this Report and Order.  Third DTV Periodic Review 
NPRM, 22 FCC Rcd at 9510,  77 n.142.  Similarly, the Third DTV Periodic Review NPRM withheld admonishment 
of some stations under the Use or Lose Order pending adoption of rules in this proceeding.  Third DTV Periodic 
Review NPRM, 22 FCC Rcd at 9510-11,  78.
58 The core spectrum is comprised of low-VHF channels 2 to 4 (54-72 MHz) and 5 to 6 (76-88 MHz), high-VHF 
channels 7 to 13 (174-216 MHz) and UHF channels 14-51 (470-698 MHz), but does not include TV channel 37 
(608-614 MHz), which is used for radio astronomy research.  See Second DTV Periodic Report and Order, 19 FCC 
Rcd at 18292,  33; DTV Sixth Memorandum Opinion and Order, 13 FCC Rcd at 7419,  5.  See also 47 C.F.R.  
73.603(c).
59 See 47 U.S.C.  337(e)(1) (Any full-power television station licensee that holds a television broadcast license to 
operate between 698 and 806 megahertz may not operate at that frequency after February 17, 2009.).
60 See  10, supra. 
61 See Status Reports on DTV Applications and Buildout Topics, available at
http://www.fcc.gov/mb/video/dtvstatus.html. This data is publicly available and frequently updated.  
62 Id.
Federal Communications Commission FCC 07-228
16
18. Approximately 1,230 commercial television stations were due to commence digital 
broadcasts by May 1, 2002.  As of December 17, 2007, 1,157 of these stations (94 percent) are 
broadcasting a digital signal.  In addition, approximately 373 NCE television stations were 
required to commence digital operations by May 1, 2003.  As of December 17, 2007, 359 (96 
percent) of these stations are broadcasting a digital signal.63
B. Consumer Capability to Receive DTV Signals 
19. Over-the-Air Viewer Reception.  As of January 1, 2007, Nielsen estimates that 36.6 
million people or 13 percent of people in the United States relied only on over-the-air 
television.64 In addition Nielsen estimates that 15.2 million households, or 14 percent of 
television households, watched television via an over-theair signal only.65 Nielsen predicts that 
by January 1, 2008, fewer people,specifically 33.6 million, or 12 percent of people in the United 
States, will watch television via an over-theair signal only.66 In terms of households, Nielsen 
estimates much fewer, 13 percent of all television households, or 14.3 million households, will 
be over-the-air only.67  
20. The demand for DTV sets has grown with increased availability of DTV 
programming and receiving equipment and a steady drop in the price of such equipment.  The 
Consumer Electronics Association (CEA) reports that the consumer electronics industry has 
invested $66.7 billion in DTV products since 1998.68 Moreover, CEA reports more than $75 
billion in consumer investment in DTV products.  According to CEA, 23.9 million DTV sets and 
monitors were sold in 2006.  CEA predicts that 29.2 million DTV products will be sold in 2007, 
33.4 million in 2008, 35.2 million in 2009 and 36.4 million in 2010.69 CEA estimates that total 
digital display unit sales will increase by 30 percent in 2007, as compared to 2006.  Sales of 
high-definition television sets are expected to increase to 20.7 million in 2007, a significant 
increase from 17.3 million sold the previous year.70
21. To promote the availability of reception equipment and protect consumers by 
ensuring that their television sets continue to work in the digital world just as they do today, the 
Commission established a DTV tuner mandate, which required that all television receiver 
equipment (e.g., TV sets (all sizes), VCRs, digital video recorders, and any other TV receiving 
devices) shipped in interstate commerce or imported into the United States, for sale or resale to 
  
63 Id. The commercial and NCE TV stations that have not commenced digital broadcasts were required to file a 
request for extension of additional time to complete construction of their DTV facilities by the deadline established 
for them in 47 C.F.R.  73.624(d)(1). 
64 The Nielsen Company.
65 Id.
66 Id.
67 Id.
68 See Ex Parte Comments of CEA in MB Docket No. 03-15 (dated April 2, 2007) (CEA Ex Parte).
69 Id.
70 Consumer Electronics Association's Semi-Annual U.S. Sales and Forecasts Report, July 2007.
Federal Communications Commission FCC 07-228
17
the public, must be capable of receiving the signals of DTV broadcast stations over-the-air by 
March 1, 2007.71
22. In another consumer protection effort, the Commission adopted an order in April 
2007, to require that, as of May 25, 2007, retailers that continue to sell analog-only television 
equipment provide consumers with information regarding the February 17, 2009 transition date 
at the point of sale of DTV television receiving equipment.72 Specifically, the Commission now 
requires sellers of television receiving equipment that does not include a digital tuner to disclose 
at the point-of-sale that such devices include only an analog tuner and, therefore, will require a 
converter box to receive over-the-air broadcast television after the February 17, 2009 transition 
date.73 As we noted in this order, consumers expect that DTV television receiving equipment for 
sale today that is capable of receiving television is and will continue to be able to receive over-
the-air broadcast signals, and, if not, then such material information should be disclosed prior to 
purchase.  The successful completion of the DTV transition depends upon satisfaction of this 
basic consumer expectation.74
23. We also note that subsidized digital-to-analog (D-to-A) converter boxes will be 
available to eligible consumers starting January 2008, further promoting access to digital 
reception equipment.75 This subsidy program, which was created by the DTV Act, will allow 
consumers with analog-only TV sets to receive over-the-air broadcast programming after the 
February 17, 2009 transition date, when analog broadcasting ends.  Congress directed the 
  
71 47 C.F.R.  15.117(a).  In 2002, the Commission initiated the DTV tuner mandate, with a phase-in period based 
on screen size to minimize the cost impact on consumers.  DTV Tuner Order, 17 FCC Rcd at 15996  40 (requiring 
that all TV receivers manufactured or shipped in the U.S. with screen sizes 13 inches and above be capable of 
receiving DTV signals over-the-air no later than July 1, 2007); See also Consumer Electronics Assn v. F.C.C., 347 
F.3d 291 (D.C. Cir. 2003) (upholding the DTV Tuner Order).  In 2005, the Commission accelerated the 
implementation of the DTV tuner mandate to become effective on March 1, 2007 and expanded the mandate to 
include television sets less than 13 inches.  Requirements for Digital Television Receiving Capability, ET Docket 
No. 05-24, Second Report and Order, 20 FCC Rcd 18607 (2005) (2005 DTV Tuner Order).
72 See Second Periodic Review of the Commissions Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 03-15, Second Report and Order, 22 FCC Rcd 8776 (2007) (Labeling Order).  
73 Specifically, the Labeling Order requires that anyone that sells or offers for sale or rent television receiving 
equipment that does not contain a DTV tuner must display the following consumer alert, in a size of type large 
enough to be clear, conspicuous and readily legible, consistent with the dimensions of the equipment and the label, 
at the point of sale:  CONSUMER ALERT:  This television receiver has only an analog broadcast tuner and will 
require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the 
Nations transition to digital broadcasting.  Analog-only TVs should continue to work as before with cable and 
satellite TV services, gaming consoles, VCRs, DVD players, and similar products.  For more information, call the 
Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commissions digital 
television website at: www.dtv.gov.  Id. at  14.  This requirement applies to the sale or rent of such equipment via 
direct mail, catalog, or electronic means (e.g., the Internet).  Id.
74 Id. at  1.
75 DTV Act  3005(c)(1)(A); 47 U.S.C.A.  309 Note.  See Rules to Implement and Administer a Coupon Program 
for Digital-to-Analog Converter Boxes, NTIA Docket No. 0612242667-7051-01, Final Rule, 72 FR 12097 at  8 
(rel. March 12, 2007) (NTIA Coupon Program Final Rule); 47 C.F.R.  301.  Starting January 1, 2008, all U.S. 
households will be eligible to request up to two $40 coupons to be used toward the purchase of up to two, D-to-A 
converter boxes, while the initial $990 million allocated for the program is available.  47 C.F.R.  301.3-4.  If the 
initial funds are used up and the additional funds (up to $510 million) are authorized, eligibility for the coupons will 
be limited to over-the-air-only television households.  NTIA Coupon Program Final Rule, 72 FR 12097 at  8.  
Eligible consumers will have until March 31, 2009 to make a request for these coupons.  DTV Act  3005(c)(1)(A).
Federal Communications Commission FCC 07-228
18
National Telecommunications and Information Administration (NTIA) of the U.S. Department 
of Commerce to administer this subsidy program.76 In March 2007, NTIA issued final rules to 
implement the program, which subsidizes the purchase of D-to-A converter boxes.77 The 
Commission is working with NTIA to test the D-to-A converters for eligibility to be certified for 
the coupon program. 
24. The Commission has also taken action to ensure that all cable subscribers, including 
those with analog TV sets, can view broadcast television after the DTV transition.78  
Approximately 35 percent of all television homes, or approximately 40 million households, are 
analog-only cable subscribers.79
25. In September 2007, the Commission adopted rules ensuring that the 98 million TV 
viewers retain the same access to their local stations after the transition as they do today.80 The 
rules will require cable operators to comply with the statutory viewability requirement81 by 
choosing to either:  (1) carry digital signals in analog format, or (2) for all-digital systems, carry 
the signals only in digital format, provided that all subscribers have the necessary equipment to 
view the broadcast content.  The viewability requirements will be in force from the date of the 
transition through February 2012 subject to review by the Commission during the last year of 
this period.82
26. The Commission also reaffirmed the existing material degradation standard for cable 
carriage of digital signals, including the requirement that cable systems carry high definition 
(HD) broadcast signals in HD format.83 In addition, the Commission has taken several actions 
to increase consumer awareness about the impending DTV transition.  Successful completion of 
the DTV transition depends upon government and industry working together to promote 
consumer awareness and minimize the burdens borne by consumers. In July 2007, the 
Commission adopted a Notice of Proposed Rulemaking for the Commissions Digital Television 
Consumer Education Initiative (DTV Consumer Education NPRM), which requested comment 
on several proposals relating to consumer education about the DTV transition, including 
considering the best means of creating a coordinated, national DTV consumer education 
  
76 DTV Act  3005(a)(1) directs the Assistant Secretary for Communications and Information to implement and 
administer a program through which households in the United States may obtain coupons that can be applied toward 
the purchase of digital-to-analog converter boxes.  Id.  The purpose of the program is to enable consumers to 
continue receiving broadcast programming over the air using analog-only televisions not connected to cable or 
satellite service.  NTIA Coupon Program Final Rule, 72 FR 12097 at  2; See 47 C.F.R.  301.1.
77 See generally NTIA Coupon Program Final Rule, 72 FR 12097.  NTIA established rules for the coupon program 
in 47 C.F.R.  301.  The rules became effective April 16, 2007.
78 See Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commissions Rules, CS 
Docket No. 98-120, Third Report and Order and Third Further Notice of Proposed Rule Making, FCC 07-170 (rel. 
Nov. 30, 2007) (Cable Viewability Order).
79 Id at n.3.
80 See FCC, FCC Adopts Rules to Ensure all Cable Customers Receive Local TV Stations After the Digital 
Television Transition (press release), Sept. 11, 2007). 
81 See 47 U.S.C.  534 and 535(g), (h).
82 See Cable Viewability Order, supra, note 78.
83 Id. See also, 47 U.S.C.  534(b)(4)(A) and 535(g).
Federal Communications Commission FCC 07-228
19
campaign.84 We proposed to require television broadcast licensees to conduct on-air consumer 
education efforts and to require broadcast licensees and permittees to report, every 90 days, 
their consumer education efforts, including the time, frequency, and content of public service 
announcements aired by each station in a market, with civil penalties for noncompliance.85 It 
also sought comment on proposals about notices in MVPD customer billing statements, notices 
from consumer electronics manufacturers, and consumer electronics retailer training and 
education, among others. 
27. In addition, on September 26, 2007, the Commission held the first in a series of 
Commission Digital Television Consumer Education Workshops.86 These workshops provide an 
opportunity for all interested parties to jointly discuss the challenges associated with the 
upcoming transition and explore ways to develop coordinated consumer education activities.  
The Commission invites organizations representing a broad range of consumers and other 
stakeholders to participate, including those who represent senior citizens, low-income 
consumers, non-English speakers, people with disabilities, tribes, and public interest 
organizations working on behalf of underserved customers or those living in rural areas.87
V. FINAL DTV TRANSITION RULES 
28. By statute, full-power television broadcast stations must cease analog operations by 
11:59 p.m. on February 17, 2009.88 Accordingly, our focus is now on overseeing broadcasters 
construction of facilities that will reach viewers in their authorized service areas by the time they 
must cease broadcasting in analog.  Specifically, this Report and Order adopts rules to ensure 
that broadcasters meet their statutory responsibilities and can begin operations on their final, 
post-transition (digital) channels by the expiration of the transition deadline on February 17, 
2009.  We take seriously our goal to ensure that consumers who have diligently prepared for the 
transition by obtaining the necessary DTV receiver equipment are able to, at a minimum, 
continue to watch their existing television programming after the transition date.  In order to 
  
84 DTV Consumer Education Initiative, MB Docket No. 07-148, Notice of Proposed Rulemaking, 22 FCC Rcd 
14091 (rel. July 30, 2007) (DTV Consumer Education NPRM).  Alternatively, the notification could describe how 
to get service from another station affiliated with the same network and serving the same lost area.
85 Public Notice, Media Bureau Announces Comment and Reply Comment Dates for the DTV Consumer 
Education Initiative, MB Docket No. 07-148, 22 FCC Rcd 15197 (2007). Comments were due September 17, 2007 
and reply comments were due October 1, 2007.  An order addressing the proposals in this docket was circulated on 
October 16, 2007.  See Written Statement Of The Honorable Kevin J. Martin, Chairman, Federal Communications 
Commission, Before the Committee on Energy and Commerce, Subcommittee on Telecommunications and the 
Internet, U.S. House of Representatives (dated Oct. 17, 2007); 
http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-277414A1.doc.v
86 See News Release, FCC to Hold Series of Digital Television Consumer Education Workshops; FCC Announces 
Dates for the First Two Focusing on Seniors and Minority/Non-English Speaking Consumers, (rel. Oct. 9, 2007).  
The workshops will focus on communities that have been identified as being likely to be disproportionately 
impacted by the transition and least aware of it.  These communities include, for example, seniors, minorities and 
non-English speakers, people with disabilities, low-income earners, and those living in rural areas.  On November 8, 
2007, the Commission hosted a workshop that addressed issues related to ensuring that seniors are prepared for the 
DTV transition.  On December 4, 2007, the Commission hosted a workshop that addressed issues related to ensuring 
that minority and non-English-speaking consumers are prepared for the DTV transition.
87 See FCC, FCC Announces Preliminary Agenda for Digital Television Consumer Education Workshop on 
September 26 (press release), August 28, 2007.
88 47 U.S.C.  309(j)(14). 
Federal Communications Commission FCC 07-228
20
make this transition as smooth as possible for consumers, stations must have their digital 
facilities in place and ready to commence operations no later than 12:00 a.m. on February 18, 
2009.  We recognize that the transition is a complex undertaking presenting many challenges to 
the broadcast industry and that some disruption of television service may be unavoidable leading 
up to the analog turn-off.  Accordingly, we adopt rules, where possible, to offer broadcasters 
some regulatory flexibility.  At the same time, however, we must still ensure that DTV 
broadcasters will at least reach the audiences that they have been serving with their analog 
service and that, after the transition date, viewers will continue to have access to the stations that 
they are accustomed to receiving over the air. 
29. Stations are reminded that their authority to operate on a pre-transition channel, 
whether analog or digital, ends on February 17, 2009.  Continued operation of analog or pre-
transition digital facilities after that date is operation without a license and will result in the 
imposition of sanctions for unauthorized operations.89 Only stations that have applied for and 
been granted specific authority to remain on a pre-transition digital channel may continue 
operating on that channel.90 As noted in the Third DTV Periodic Review NPRM,91 we recognize 
that there may be some situations where a stations ability to commence its post-transition 
operations will be dependent on another stations construction and operating plans.  For example, 
station A may need to begin testing its digital facility on its post-transition channel in order to be 
ready to operate after the transition date, but station B is currently using the channel for pre-
transition (analog or digital) service.  In such situations, close cooperation will be needed 
between these stations.  We expect that broadcasters will make all possible accommodations to 
ensure that all stations will be able to provide digital service on their post-transition channels at 
the transition date. 
30. We begin by, first, adopting our proposal to gather information about each stations 
transition status and plan to meet the deadline.  Second, we adopt our proposed deadlines for the 
construction and operation of stations final digital facilities.  Third, we adopt our proposed 
stricter standards for granting stations extensions of time to construct digital facilities.  Fourth, 
we adopt our proposals to permit qualifying stations to make a phased transition in an effort to 
afford regulatory relief without undermining the expectations of over-the-air viewers.  Fifth, we 
adopt flexible rules allowing stations to reduce and/or terminate their analog and pre-transition 
digital television service before the transition deadline if doing so is necessary to achieve their 
transition.  Sixth, we adopt our proposal to permit qualifying stations to transition early.  
Seventh, we address the rules, procedures and interference standards for stations to file 
applications for construction permits to build their final, post-transition facilities and to request 
authorization to maximize their facilities.  Finally, we address a variety of other issues related to 
the DTV transition.92
  
89 See 47 C.F.R.  73.1745. 
90 See Section V.B.7., infra.
91 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9515-16,  91. 
92 We note the Commissions rules for full-power television will need to be updated to eliminate outdated references 
to analog and out-of-core television service and clarify engineering issues that differ for digital transmission and 
analog transmission.  Such housekeeping matters will be addressed in a separate rulemaking in the DTV proceeding, 
MB Docket No. 87-268. 
Federal Communications Commission FCC 07-228
21
A. Broadcasters Transition Status 
31. Stations are responsible for meeting the statutory deadline for the DTV transition.  
The Commission has no discretion to waive or change this transition date.93 Full-power 
broadcast stations not ready to commence digital operations upon expiration of the deadline for 
the transition on February 17, 2009 must go dark on their analog channel and risk losing their 
authorizations to operate after the transition date.94
32. We have finalized post-transition channel assignments for every eligible station.95 In 
the post-transition DTV Table, 1,812 stations received post-transition DTV channels.96 Of these, 
1,178 stations received the DTV channel on which they are currently authorized, 517 stations 
received the NTSC channel on which they are currently authorized, and 117 stations received a 
different channel from which they are currently authorized.  In addition, we have proposed post-
transition channel assignments for 13 stations that became eligible after the channel election 
process.97
33. The process of transitioning the entire TV broadcast industry to digital-only operation 
on each stations final channels will be complex.  Accordingly, most stations should have their 
plans in place for their transition to digital-only service on their post-transition channel.  Some 
stations may now be ready, or very close to ready, to make their transition.  Other stations, 
however, will need to take significant steps to accomplish their transition.  Stations situations 
will vary based on their final channel assignments in the new DTV Table and whether they must 
change their transmission facilities to operate on their post-transition channels. 
1. Transition Status Reports (Form 387) Adopted 
34. We adopt our proposal in the Third DTV Periodic Review NPRM98 to require all full-
power television stations to file a form99 detailing (1) their current transition status, (2) any 
additional steps needed to commence their full, digital operations, and (3) their timeline to meet 
the February 17, 2009 transition deadline.  The record supports adoption of this form.100 We 
agree with commenters and find that these forms will assist the Commission, industry, and the 
  
93 See 47 U.S.C.  309(j)(14) and 337(e)(1).
94 See supra  5.
95 These post-transition channel assignments largely were based on the choices made by licensees during the 
channel-election process.  Eligibility for a proposed post-transition channel assignment was limited to existing 
Commission licensees and permittees. See Seventh FNPRM, 21 FCC Rcd at 12117-12118,  50.  
96 This total includes 1,806 stations announced in Appendix A to the Seventh FNPRM and six additional stations 
announced in a subsequent Public Notice.  See id. at 12123, App. A; and Public Notice, Tentative Channel 
Designations To Be Added to the DTV Table of Allotments Proposed in the Seventh Further Notice of Proposed 
Rulemaking, 22 FCC Rcd 102 (2007) (New Permittees PN). Additional new permittees may also be announced 
before the transition deadline.  See Seventh FNPRM, 21 FCC Rcd at 12118,  53.
97 Eighth Further Notice, 22 FCC Rcd at 15637,  140.
98 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9492,  35.
99 FCC Form 387 attached hereto as Appendix C.
100 See, e.g., APTS/PBS Comments at 22; Capitol Comments at 9; NCTA Comments at 4-5.  For example, 
APTS/PBS states that these reports will permit it and other broadcast organizations to assist stations in the 
choreography of the hundreds of channel changes that will need to occur in the coming months.
Federal Communications Commission FCC 07-228
22
public in assessing progress and making plans for the transition date.101 We note, however, that 
these forms are not a substitute for active coordination efforts that may be necessary between and 
among broadcasters.  Stations forms will be made publicly available on the Commissions 
website.102
35. We will require stations to file these forms no later than February 18, 2008.103 In 
addition, stations must update their forms, as necessary, until they report the completion of their 
transition  specifically, that they have begun operating their full facility as authorized by the 
post-transition DTV Table Appendix B.104 As proposed,105 each station is responsible for the 
continuing accuracy and completeness of the information furnished in their form.106 Whenever 
the information furnished in their form is no longer substantially accurate and complete in all 
significant respects, the station must file an updated form as promptly as possible and in any 
event within 30 days to furnish such additional or corrected information as is appropriate.107  
Examples of a significant change would include a change in a stations (1) transition plans, (2) 
construction or operational status or (3) existing service (e.g., reduction or termination of analog 
or pre-transition digital service).  Stations must continue to file updates until construction of fully 
authorized post-transition facilities is complete and the station has begun operating its full post-
transition DTV Table Appendix B facility.  Commenters express concern that some stations may 
not be able to set a detailed timeline by the due date because some of their transition logistics 
(e.g., details about equipment and tower crews) are beyond their control.108 We recognize that 
some stations may need to update their forms several times as they progress through their 
transitions.  At a minimum, stations that have not completed construction of their post-transition 
facility and applied for a license to cover by October 20, 2008, must update their form to report 
their current status as of that date.  Stations unable to answer questions on the form on the initial 
filing date must explain their reasons for not providing an answer and indicate when they expect 
to update the form to provide an appropriate response.  We delegate authority to the Media 
Bureau to follow up with stations that do not file or update their forms.  We intend to use these 
forms to identify stations that are not communicating their progress and may need to contact 
  
101 We commend Capitol Broadcasting on its stations detailed transition information which it set forth in its 
comments. See Capitol Comments at 2-8.
102 See Digital Television (DTV) Regulatory Information, available at http://www.fcc.gov/dtv/. 
103 Although the Commission originally proposed December 1, 2007 as the date broadcasters must file their forms, 
in response to the comments, we instead adopt February 18, 2008 as that date.  See APTS/PBS Comments at 22 
(arguing that that the Commission adopt a policy requiring that stations submit the new Form 387 at least 60 days 
after the Report and Order in this proceeding is published in the Federal Register).  We expect that, by February 18, 
2008, this Report and Order will have been published in the Federal Register and have become effective and also 
that the Commission will have obtained the necessary OMB approval for this information collection.  See OMB 
Control No. 3060-1105.  The Media Bureau will announce when OMB approval has been obtained and will confirm 
the February 18, 2008 filing deadline for when broadcasters must file the form. 
104 47 C.F.R. 73.622(i).
105 See Third Periodic DTV NPRM, 22 FCC Rcd at 9492, Section V. ( 35).
106 This requirement is consistent with 47 C.F.R.  1.65(a).
107 See 47 U.S.C. 308(b) (The Commission may request that licensees provide such other information as [the 
Commission] may requireduring the term of any such licensesto enable it to determine whether such original 
application should be granted or denied or revoked)
108 APTS/PBS Comments at 22-23.
Federal Communications Commission FCC 07-228
23
stations directly to assess and discuss the stations transition status.  In addition, the Media 
Bureau will prepare a comprehensive summary report of the information provided in the Form 
387 no later than August 18, 2008 (six months prior to the February 17, 2009 transition 
deadline).  This report will enable us to assess progress toward completing the transition and to 
make any mid-transition adjustments in time for the February 17, 2009 deadline.
2. Stations Identified as Ready to Commence Post-Transition 
Operations
36. There are more than 800 stations that have built their post-transition facility.109 These 
stations have built and licensed or applied to license their full authorized DTV facilities as 
defined in the post-transition DTV Table Appendix B (i.e., their post-transition channel is the 
same as their pre-transition DTV channel).110 We note that in the Third DTV Periodic Review 
NPRM, we listed 752 stations on Appendix D.111 In response to comments, we have now added 
approximately 50 stations and removed approximately three stations from this list.  We have also 
added other stations to this list that we have identified as having become ready to make their 
transition because they have filed for a license to cover their post transition (DTV Table 
Appendix B) facilities since the close of the comment cycle in this proceeding.  The stations 
listed in Appendix D, however, must still file a transition status report, FCC Form 387, to 
confirm their operational status and indicate their timing for terminating their analog service.  
B. Construction Deadlines for Full, Authorized DTV Facilities
37. We establish the following deadlines for full-power television broadcast stations to 
construct their full, authorized post-transition (digital) facilities (as defined in the post-transition 
DTV Table Appendix B):112
 February 17, 2009 will be the construction deadline for stations building digital 
facilities based on a new channel allotment in the post-transition DTV Table, i.e., 
stations that will be returning to their analog channel or moving to a new digital 
channel for post-transition operations.  These stations will not be required to 
construct a digital facility on their pre-transition DTV channel and will be 
permitted to forego further construction to the extent such a facility has been 
partially built.  
 February 17, 2009 will also be the construction deadline for stations 
demonstrating that a unique technical challenge, such as the need to reposition a 
side-mounted antenna, prevents them from completing construction of their final 
DTV facilities.  
 May 18, 2008 will be the construction deadline for stations that will use their pre-
transition DTV channel for post-transition operations and already have a 
  
109 This number is increasing as stations complete construction of their post-transition facilities and file for licenses 
to cover.  See Appendix D  List of Stations Identified as Ready to Commence Post-Transition Operations.  
110 See Seventh Report and Order, 22 FCC Rcd 15581, at app. B.  Some stations are not at full, authorized facilities, 
as designated in DTV Table Appendix B, but have indicated they are licensed and do not intend to build more.   
111 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9487,  18 and 9563, app. D (List of Stations Believed 
Ready to Commence Post-Transition Operations). 
112 See revised rule sections 47 C.F.R. 73.624(d)(1)(v)-(vii) in Appendix B, infra.
Federal Communications Commission FCC 07-228
24
construction permit that matches their post-transition (DTV Table Appendix B) 
facilities. 
 August 18, 2008 will be the construction deadline for stations that will use their 
pre-transition DTV channel for post-transition operations, but do not have a 
license or construction permit that matches their post-transition (DTV Table 
Appendix B) facilities.  
As discussed in more detail below, we establish particular deadlines and procedures for stations 
falling into specific defined circumstances. Stations using their pre-transition DTV channel for 
post-transition operations that do not have a construction permit that matches their post-transition 
facilities, should apply now for a new or modified construction permit. Stations that have a 
construction permit that has not yet expired remain subject to that expiration date.  For stations 
granted checklist waivers and denied extensions or use or lose waivers, their deadline will 
depend upon whether a stations pre-transition DTV channel is the same or different from its 
post-transition channel.  Finally, we adopt a stricter standard for stations to obtain an extension
of time to construct their post-transition facilities,113 but offer flexibility to certain stations if they 
can build facilities that would serve at least the same population that served by their current 
television service and would not cause impermissible interference to other stations.114
38. Commenters generally disagreed with our proposed deadlines115 and sought more 
time to complete construction of their full, authorized post-transition facilities.116 Many 
commenters noted that Congress did not expressly mandate the date by which broadcasters must 
operate at full, authorized facilities on their post-transition channel, only that stations must 
operate in digital and inside the TV core spectrum.117 Thus, several commenters argued for 
significant flexibility to achieve their construction deadline, with some seeking the discretion to 
take up to one year, or more, after the transition date to complete their full, authorized facilities, 
while stations are providing digital service only to their communities of license.118 In addition, 
other commenters argued that the Commission should view the final DTV Table Appendix B as 
  
113 See Section V.B.5., infra .
114 See Section V.C., infra.
115 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9503, 9506-07,  60, 73.
116 See, e.g., Allbritton Comments at 3; APTS/PBS Comments at 16-18; Bahakel Comments at 4; Central Michigan 
University Comments at 6; Disney Comments at 5-6; Hawaii Public Television Foundation Comments at 5; 
MSTV/NAB Comments at 22-26; Nebraska PTV Licensees Comments at 4; PBNP Comments at 5; Quincy 
Comments at 5; Rocky Mountain Comments at 8; Scripps Howard Broadcasting Comments at 3-4; Sistema 
Universitario Ana G. Mendez, Inc. Comments at 6; South Carolina Educational Television Commission Comments 
at 1; St Louis Public Television Comments at 4; University of Michigan Comments at 3.
117 Public Broadcasting of Northwest Pennsylvania Comments at 5; Hawaii Public Television Foundation 
Comments at 5; Central Michigan University Comments at 6; Nebraska Educational Telecommunications 
Commission and the University of Nebraska Comments at 4; Sistema Universitario Ana G. Mendez, Inc. Comments 
at 7; South Carolina Educational Television Commission Comments at 4; St. Louis PTV Comments at 4; University 
of Michigan Comments at 4; Gray Television Comments at 4; Northeastern Educational Television of Ohio, Inc. 
Comments at 3; University of North Carolina Comments at 5; APTS/PBS Comments at 14-15; Greater Dayton 
Public Television, Inc. Comments at 6; AFCCE Comments at 2.
118 See, e.g., MSTV/NAB Comments at 22 (seeking a one-year post-transition digital ramp-up period); Quincy 
Comments at 5 (seeking until February 10, 2010); University of North Carolina Comments at 2 (seeking 12 to 24 
months after the transition date). 
Federal Communications Commission FCC 07-228
25
setting forth the maximum coverage contour in which a station may operate, rather than the exact 
parameters on which they must operate.119  
39. We find that compliance with our construction deadlines is necessary to ensure that 
consumers are not left behind in the transition.120 Viewers who have prepared for the DTV 
transition should be able to receive television service when analog transmissions cease on 
February 17, 2009.  To achieve this goal, it is imperative that all stations finalize construction of 
their post-transition facilities and operate at full, authorized facilities by the deadline.  Given the 
February 17, 2009 deadline established by Congress for full-power stations to end analog 
service, stations primary goal must now be to ensure that DTV stations will be operating at their 
full, authorized facilities on their final, post-transition channels by that date.121 Previously, our 
efforts had been to facilitate the initiation of DTV service to the public during the transition.122  
This approach was designed, in part, to accomplish the goal of completing the transition by the 
original December 31, 2006 deadline established by Congress, a deadline that could have been 
extended under several circumstances.  We recognize, as noted by some commenters,123 that 
strict compliance with our DTV construction deadlines would require some stations to reduce or 
terminate their analog service before the transition date.  In those cases in which the potential 
impact of the loss of service prior to the transition would be more disruptive than the effect of 
reduced coverage area for a limited period of time after the transition, we are providing for 
flexibility.  However, in other cases, the loss of a stations analog service to some viewers pre-
transition, will be necessary to enable construction of post-transition facilities and can be 
preferable to viewers losing all television service from that station after the transition date if 
DTV facilities are not ready and analog service must cease.  To ensure that this flexibility serves 
the public interest, we are requiring that stations that choose either pre-transition service 
reduction or post-transition phase-in must inform their viewers of what to expect and the options 
for continuing to have service.
40. We reject commenters arguments that we should provide blanket authority for 
stations to operate at less than full, authorized post-transition facilities after the transition date. 
Commenters offered several reasons why they may need more time to build their final DTV 
facilities, which reasons include the following: (1) stations may need to make complicated 
technical changes to their facilities to achieve their transition (e.g., those returning to their 
analog channel and intending to reuse their analog antenna);124 (2) there may be a shortage of 
equipment and qualified tower crews needed to implement final DTV construction;125 (3) winter 
weather may prevent some stations from constructing their final facilities;126 or (4) a single 
  
119 APTS/PBS Comments at 11-12.
120 As discussed further below, we will afford regulatory flexibility to stations where doing so would not cause 
existing viewers to lose service.  See discussion of phased transition in Section V.C., infra.
121 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9500,  54.
122 See id. 
123 See, e.g., AFCCE Comments at 4-6 (arguing that analog service may be disrupted well before the transition date 
if stations are not permitted additional time after the transition date to construct post-transition facilities). 
124 See, e.g., AFCCE Comments at 4-6; APTS/PBS Comments at 17-18; Quincy Comments at 5.
125 See, e.g., AFCCE Comments a 4-6; MSTV/NAB Comments at 20-21.
126 See, e.g., AFCCE Comments at 4-6; APTS/PBS Comments at 17-18; Quincy Comments at 5. 
Federal Communications Commission FCC 07-228
26
deadline for many stations may cause delays in the processing of needed construction permit 
applications.127 We appreciate these specific concerns, but find that giving blanket authority for 
an industry-wide, staggered deadline beyond the transition date would leave a significant number 
of over-the-air viewers without television service on and after the transition date, as analog 
service will have ceased, but some stations would not yet have been required to complete DTV 
facilities.  Only by requiring that full, post-transition facilities are operating on the transition date 
can we ensure a successful DTV transition; namely, the continued availability of television 
service.
41. While we set strict construction deadlines in this Report and Order, we also adopt 
flexible rules and procedures that will address the specific concerns raised by commenters, such 
as those noted above.  For example, we are affording stations facing unique technical challenges, 
such as the need to reposition their side-mount antennas, until the transition date to construct 
their full, authorized post-transition facilities, and we anticipate that many of these stations may 
also qualify for extensions  even under our stricter extension criteria,128 as well as for the 
provisions for a phased transition.129 We also expect that these stations will benefit from the 
new flexible rules for service reduction and termination in advance of the transition date.130  
Similarly, while we generally will not consider extension requests by stations on the basis of 
weather or a shortage of equipment and qualified tower crews, our new extension rules will still 
allow consideration of requests from those stations with demonstrable and genuine difficulties 
because of weather or equipment problems.131 Furthermore, we expect that many stations will 
transition early and begin operating their final post-transition facilities in advance of the deadline 
and the onset of the winter months.132 Finally, we adopt rules for the expedited processing of 
stations post-transition construction permit applications to address commenters concerns about 
the potential for delays in obtaining the necessary Commission authorizations to construct their 
final DTV facilities.133 In addition, our processing rules address commenters concerns134 that 
stations may not be able to use their existing analog channel antennas because the antenna 
patterns of those antennas may not match the antenna patterns specified for them in the post-
transition DTV Table Appendix B.135 In sum, we find that the rules and policies we adopt in this 
  
127 APTS/PBS Comments at 17-18.
128 See Section V.B.5., infra.
129 See Section V.B.7., infra.
130 See Section V.C., infra.
131 See Section V.B.5., infra.
132 See Section V.C., infra.
133See Section V.D.1., infra. Stations that apply for the facilities to which they certified in 2004 and, thus, are now 
specified for them in the post-transition DTV Table Appendix B will have this opportunity for expedited processing.
134 See, e.g., AFCCE Comments at 4-6.  AFCCE states that there is a high probability that a new DTV antenna will 
be required for many of these stations because the new Appendix B directional pattern probably does not match their 
current analog antenna.
135See Section V.E., infra. We adopt a waiver policy that will permit rapid approval of minor (i.e., not exceeding 5 
miles) expansion applications filed by stations that are not using their pre-transition DTV channel for post-transition 
operation.
Federal Communications Commission FCC 07-228
27
Report and Order will ensure that stations have sufficient time to complete construction of their 
final DTV facilities by their respective deadlines.
1. Stations Whose Post-Transition Channel is Different From Their Pre-
Transition DTV Channel 
42. For stations whose pre-transition DTV channel is different from their post-transition 
channel (i.e., stations returning to their analog channel or moving to a new channel for post-
transition operations), we adopt our proposals in the Third DTV Periodic Review NPRM136 to:
(1) Establish February 17, 2009 as the deadline by which these stations must complete 
their post-transition (DTV Table Appendix B) facilities; and
(2) Permit these stations to forego construction of their pre-transition DTV channel.
Approximately 634 stations fall into this category.137 We find that these stations face a greater 
challenge than stations that will remain on the same DTV channel for post-transition operations.  
Stations moving to a new channel must apply for a construction permit on that channel and build 
new facilities based on the channel allotments in the post-transition DTV Table Appendix B.138  
We find that stations facing the challenges associated with moving to a new DTV channel should 
be afforded the maximum possible time to complete their post-transition facilities before analog 
transmissions must cease.  As discussed above, we disagree with commenters that seek a blanket 
extension for additional time beyond the transition date because that would leave a significant 
number of viewers without any television service.139 However, as discussed above, we adopt 
flexible rules and procedures to assist stations with specific transition challenges and anticipate 
that those stations that genuinely need additional time to complete construction of their final, 
post-transition facilities may seek an extension of time pursuant to our revised rules or may avail 
themselves of our provisions for a phased transition.
43. We also find that these stations may terminate further construction of their pre-
transition DTV channel facilities in order to focus their efforts on constructing their permanent 
DTV facilities on their post-transition channel.  Our examination of the record strongly favors 
affording stations whose pre-transition DTV channels are different from their post-transition 
channels the flexibility to stop construction of their pre-transition DTV channel facilities.140 We 
agree with commenters that argue in favor of such flexibility and find that requiring stations to 
build or expand facilities that would only be operated until the end of the transition  i.e., for less 
than 14 months  potentially could undermine the more important public interest objective of 
ensuring a timely transition to digital broadcasting by diverting limited resources from the 
construction of final, post-transition facilities.  Accordingly, we adopt our proposal to change our 
  
136 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9503,  60.
137 This number includes 517 stations returning to their analog channel post-transition and 117 moving to a new 
channel for post-transition operations. We note, however, that some of these stations may have a documented unique 
technical challenge and, therefore, would fall into category three; see Section V.B.3, infra.
138 See id.  See also Northeastern Educational Television of Ohio, Inc. Comments at 4.
139 See, e.g., MSTV/NAB Comments at 22 (seeking a one-year post-transition digital ramp-up period); Quincy 
Comments at 5 (seeking until February 10, 2010); University of North Carolina at 2 (seeking 12 to 24 months after 
the transition date).
140 See, e.g., CBS Comments at 5; Gray Television Comments at 4; MSTV/NAB Comments at 18-19; Nexstar 
Comments at 3; Thunder Bay Comments at 1.
Federal Communications Commission FCC 07-228
28
use or lose policy for these stations to allow them to retain interference protection to their full, 
authorized post-transition facilities.141 We discuss below the options available to these stations 
based on their individual circumstances.
44. We recognize that many of these stations (whose pre-transition DTV channels are 
different from their post-transition channels) have been diligent in meeting the deadlines 
established by the Commission for completing construction of their pre-transition facilities in 
order to provide DTV service to the public and to be permitted to carry over interference 
protection to their permanent DTV channel.  We do not intend to treat these stations unfairly or 
reward stations that have been less diligent in providing DTV service during the transition.  We 
note that many stations that have not built their transitional facilities have faced impediments to 
doing so.  In addition, most stations that have applied for an extension of time to construct and/or 
a waiver of the applicable use-or-lose deadline have had those requests granted, indicating that 
we found they have a valid reason for not meeting the applicable deadline.  Finally, we find that 
we must permit stations to cease investing time and resources in completing pre-transition DTV 
facilities to ensure that stations are focused on finalizing their post-transition facilities so that 
viewers will continue to receive television service when analog service ends. 
45. Pre-Transition DTV Channel Unbuilt or Not in Operation.  We will permit a station 
that has not constructed an operational pre-transition DTV facility to elect simply to return its 
construction permit for that facility to the Commission and focus its efforts on construction of its 
post-transition facility.142 As stations in this situation are not currently providing digital service 
to the public, we find it is appropriate at this stage in the transition to allow these channels to be 
returned.  Stations choosing this approach will be able to carry over interference protection to 
their post-transition channel. 
46. Pre-Transition DTV Channel in Operation.  We will offer a station with an 
operational DTV facility on a pre-transition channel several options that would allow it to carry 
over interference protection to its post-transition channel.  First, the station may discontinue 
further construction on its pre-transition DTV facility and operate that partially-built facility 
during the remainder of the transition, while it focuses on building its permanent DTV facility.  
A station choosing this option must file an application to modify its existing construction permit 
to match its partially-built pre-transition DTV facility.143 The station would then continue 
operation of the facility for the remainder of the transition without devoting resources to further 
build-out of that facility.  Second, the station may cease operating its pre-transition DTV facility 
in certain circumstances, which are discussed below.144 Third, the station may decide to continue 
construction of its pre-transition DTV facility.  We do not want to deny a station in this third 
category the opportunity to continue to build its pre-transition DTV facility and to provide 
service on this facility for the remainder of the transition; however, we find it is appropriate to 
require that these facilities be completed expeditiously.  Therefore, we adopt our proposal in the 
Third DTV Periodic Review NPRM to require that such a facility be completed by the stations 
  
141 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9504,  63.
142 47 C.F.R.  73.1750.
143 47 C.F.R. 73.3533, 3538.
144 See discussion in Section V.C.3., infra. 
Federal Communications Commission FCC 07-228
29
current (pre-transition) DTV construction deadline.145 The station will not be eligible for any 
further extensions to build its pre-transition DTV facility.
2. Stations Whose Post-Transition Channel is the Same as Their Pre-
Transition DTV Channel 
47. For stations whose post-transition channel is the same as their pre-transition DTV 
channel (i.e., stations remaining on their current DTV channel for post-transition operations), we 
adopt construction deadlines based on whether a station has an existing license or construction 
permit that matches its facility defined in the post-transition DTV Table Appendix B.  
Approximately 1,178 stations fall into this category.146
(1) May 18, 2008 will be the construction deadline for stations in this category that 
already have a construction permit that matches their post-transition (DTV Table 
Appendix B) facilities.  
(2) August 18, 2008 will be the construction deadline for stations in this category, but 
which do not have a license or construction permit that matches their post-transition 
(DTV Table Appendix B) facilities and, therefore, need to apply for a new or 
modified construction permit. 
Although we are moving back the deadline we proposed in the Third DTV Periodic Review 
NPRM,147 which would have required stations in this category to have completed construction of 
their final post-transition (DTV Table Appendix B) facilities by November 18, 2007,148 we find 
that it is appropriate to require stations in this category to complete construction prior to 
February 17, 2009.  These stations have already had a significant period of time in which to build 
digital facilities on their post-transition channels and, indeed, should already have constructed 
these facilities by their previously established DTV construction deadline,149 which for many 
stations was November 18, 2007.150 Unlike stations that will be moving to a different DTV 
channel for post-transition use, these stations have generally had the advantage of being able to 
plan for and commence construction of their post-transition facilities for more than 10 years.  In 
contrast, stations moving to a different channel for post-transition operations have only recently 
been assigned their new channel and, thus, are only now able to apply for a construction permit 
for this channel and commence construction of their final digital facilities.  Furthermore, we note 
that more than 800 of the 1,178 stations in this category have been licensed, or have filed for a 
license, to operate authorized post-transition facilities.151 We recognize that some stations in this 
  
145 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9505,  66 (proposing to apply the construction deadline 
established for such a station in the Construction Deadline Extension Order or Use or Lose Order).
146 We note, however, that some of these stations may have a documented unique technical challenge and, therefore, 
would fall into category three; see Section V.B.3, infra.  
147 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9506,  70.
148 This is the deadline established for these stations in both the Construction Deadline Extension Order and the 
Use-or-Lose Order. See supra note 48.
149 See 47 C.F.R.  73.624(d). See also Second DTV Periodic Report and Order, 19 FCC Rcd at 18287,  23.
150Approximately 83 stations have filed requests for an extension of time of this deadline.  
151 Approximately 855 stations, listed in Appendix D, have satisfied their build-out requirements and are ready to 
complete their transition. 
Federal Communications Commission FCC 07-228
30
category may face unique technical challenges, such as the need to reposition their side-mount 
antenna, or other issues that may prevent them from constructing full, authorized post-transition 
facilities by the deadlines we establish.152 As discussed below, these stations that are facing 
unique technical challenges will receive a construction deadline of February 17, 2009153 and 
those that legitimately need additional time to complete construction of their full, authorized 
post-transition facilities may seek an extension of time pursuant to our revised rules154 or may 
avail themselves of the provisions for a phased transition discussed below.155
48. Stations With CPs that Match Facilities in DTV Table Appendix B.  We establish 
May 18, 2008 as the construction deadline for stations in this category (i.e., stations whose post-
transition channel is the same as their pre-transition DTV channel) that already have a 
construction permit that matches their post-transition (DTV Table Appendix B) facilities.  There 
are more than 250 stations with CPs that conform to the facilities in DTV Table Appendix B.  
This number will fluctuate as stations file modification applications or file license applications.156  
While most stations in this group have built and licensed their construction permit, and are now 
operating at full, authorized post-transition facilities,157 some stations in this group still have not 
built their existing construction permit.  These stations include (1) those that received an 
extension of time until November 18, 2007,158 in either the Construction Deadline Extension 
Order or the Use-or-Lose Order, and that have an extension request of that deadline pending as 
of the date this Report and Order is adopted; and (2) those that have a construction permit that 
expired after adoption of the Construction Deadline Extension Order (i.e., May 17, 2007) and 
that have an extension request of that deadline pending as of the date this Report and Order is 
adopted.  By adopting May 18, 2008 as the construction deadline for these stations, we are 
hereby granting the relief sought in the pending extension requests of these stations and will 
afford them an extension until that date.159 We expect that these stations will finally be able to 
complete construction of their digital facilities and warn these stations that future requests for an 
extension of the deadline will be reviewed under the stricter standard adopted below.  The 
stations in this group (i.e., stations with a construction permit that matches their DTV Table 
Appendix B facilities) also include those that have a construction permit that has not yet expired, 
but based on the fact that most stations in this group have succeeded in timely building their 
permitted post-transition facilities, we expect that these stations will be able to meet their 
existing CP deadlines and will not need the additional time.
  
152 Quincy Comments at 3-4; Montecito of Wichita Comments at 1-2.  
153 See Section V.B.3., infra.
154 See new rules adopted for obtaining deadline extensions in Section V.B.5., infra.
155 See provisions for a phased transition in Section V.B.7, infra.
156 Some stations have filed Petitions for Reconsideration of the Seventh Report and Order requesting adjustments 
to Appendix B, and therefore are not included in this group, while others may choose to make adjustments at the 
application stage.  
157 See Appendix D, infra.
158 Approximately 32 stations that received extensions in May have constructed and filed their license applications; 
46 stations that received waivers in May constructed and filed their license applications. 
159 We also grant any requests for use-or-lose waivers by these stations that are pending as of the date this Report 
and Order is adopted.  See list in Appendix F, infra. 
Federal Communications Commission FCC 07-228
31
49. Stations With an Unbuilt CP160 that Does Not Match Facilities in DTV Table 
Appendix B.  We establish August 18, 2008 as the construction deadline for stations in this 
category (i.e., stations whose post-transition channel is the same as their pre-transition DTV 
channel) that have an unbuilt construction permit for facilities that for some reason do not match 
those specified for them in the post-transition DTV Table Appendix B.  There are roughly 60 
stations with a CP they have not built and whose CP does not closely match facilities in the DTV 
Table Appendix B.  These stations would therefore need either to modify either their CP to 
match Appendix B or request that we revise the facility listed for them on Appendix B.  Similar 
to the previous group (i.e., stations with a construction permit that matches their DTV Table 
Appendix B facilities), these stations include (1) those that received an extension of time until 
November 18, 2007, in either the Construction Deadline Extension Order or the Use-or-Lose 
Order, and that have an extension request of that deadline pending as of the date this Report and
Order is adopted; and (2) those that have a construction permit that expired after adoption of the 
Construction Deadline Extension Order (i.e., May 17, 2007) and that have an extension request 
of that deadline pending as of the date this Report and Order is adopted.  By adopting August 18, 
2008 as the construction deadline for these stations, we are hereby granting the relief sought in 
the pending extension requests of these stations and will afford them an extension until that 
date.161 We expect that these stations will finally be able to complete construction of their digital 
facilities and warn these stations that future requests for an extension of the deadline will be 
reviewed under the stricter standard adopted below.  The stations in this group (i.e., stations with 
an unbuilt construction permit that for some reason does not match the facilities specified for 
them in the post-transition DTV Table Appendix B) also include those that have a construction 
permit that has not yet expired, but we expect that these stations will be able to meet their 
existing CP deadlines and will not presume that these stations will need the additional time.  We 
recognize that some stations in this group (i.e., stations with an unbuilt construction permit that 
for some reason does not match those facilities specified for them in the post-transition DTV 
Table Appendix B) may also include stations that intend to build their CP and not their DTV 
Table Appendix B facilities.  These stations should file their applications now to indicate their 
intent to do this.
50. We find that the stations in this group (i.e., stations with an unbuilt construction 
permit that for some reason do not match those facilities specified for them in the post-transition 
DTV Table Appendix B) warrant additional construction time than that afforded to the stations in 
the previous group162 because these stations need to file an application for a new or modified 
construction permit to conform their existing construction permit to those facilities specified for 
them in the post-transition DTV Table Appendix B.163 We expect, however, that the actual 
construction of the different DTV Table Appendix B facilities should not otherwise cause delay, 
particularly because these stations never built their existing construction permit.  Moreover, we 
note that these stations should have filed applications for such conforming facilities soon after 
  
160 This includes stations with an unbuilt CP that may be operating a reduced digital facility pursuant to STA.
161 We also grant any requests for use-or-lose waivers by these stations that are pending as of the date this Report 
and Order is adopted.  See list in Appendix F, infra.
162 That is, stations with a construction permit that matches their DTV Table Appendix B facilities.
163 In the Third DTV Periodic Review NPRM, we recognized that stations that needed to apply for a new or modified 
CP because that CP did not match the facilities specified for them in the post-transition DTV Table Appendix B may 
need more time to construct.  See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9506,  71.
Federal Communications Commission FCC 07-228
32
the new post-transition DTV Table became effective on October 26, 2007, and should do so 
immediately if they have not done so already.164 We also note that changes made to these 
stations construction permits since they made their certifications (via FCC Form 381) in 2004165
were made pursuant to these stations specific requests.
51. We recognize that some stations in this group cannot commence operations at their 
final DTV Table Appendix B facilities because doing so would cause impermissible interference 
to other current television operations.  These stations must build and operate their currently 
authorized digital facilities reflected in their existing CP by the August 18, 2008 deadline and 
may seek an extension of time to February 17, 2009, at which time they could file their 
modification application to conform to those facilities specified in the post-transition DTV Table 
Appendix B.  We expect, however, that these stations will apply now to modify their facilities to 
match the post-transition DTV Table Appendix B and will begin operations at full, authorized 
facilities as soon as the impermissible pre-transition interference concerns are resolved (e.g., the 
affected pre-transition station moves to its post-transition channel).
52. Stations With a License that Does Not Match Facilities in DTV Table Appendix B.  
We establish August 18, 2008 as the construction deadline for stations in this category (i.e., 
stations whose post-transition channel is the same as their pre-transition DTV channel) that have 
a license for facilities that for some reason do not match those specified for them in the post-
transition DTV Table Appendix B.  There are more than 300 stations with a licensed pre-
transition facility that does not match facilities in DTV Table Appendix B, and therefore would 
need to apply for a CP for facilities that do match Appendix B or request that we revise the 
facility listed for them on Appendix B.  We find that these stations generally should be treated 
like those stations with an unbuilt construction permit that for some reason does not match the 
post-transition DTV Table Appendix B facilities because they, too, need to file an application for 
a new or modified construction permit to conform their license to those facilities specified for 
them in the post-transition DTV Table Appendix B.  We note, however, that unlike those stations 
with an unbuilt construction permit, these stations built a digital facility and met their previous 
DTV construction deadline.  We will take this factor into consideration to the extent that such 
stations may request additional time to meet their post-transition facility deadline.  For example, 
while we expect that these stations will not need to make significant modifications to conform 
their licensed facilities, we will consider granting requests from these stations if they can 
demonstrate that the modifications to conform their licensed facilities are, indeed, significant.  
We recognize that some stations in this group (i.e., stations with licensed facilities that for some 
reason do not match those specified for them in the post-transition DTV Table Appendix B) may 
have constructed their intended facilities and do not intend to build their DTV Table Appendix B 
facilities.  These stations should file their applications now to indicate their intent to do this.
3. Stations Facing Unique Technical Challenges
53. We adopt our proposal in Third DTV Periodic Review NPRM166 to establish February 
17, 2009 as the deadline for stations facing unique technical challenges (as defined in the 
Construction Deadline Extension Order and the Use or Lose Order) preventing them from 
  
164 47 C.F.R.  73.622(i).  See also 72 Fed. Reg. 54720 (September 26, 2007).
165 See Second DTV Periodic Report and Order, 22 FCC Rcd at 18281,  2.
166 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9506-07,  74.
Federal Communications Commission FCC 07-228
33
completing construction of their final, post-transition facilities.167 This category is limited to the 
types of situations described for stations facing unique technical challenges in the Construction 
Deadline Extension Order and the Use or Lose Order.168 Most of the stations are in this group 
because they need to reposition a top-mounted analog antenna with a side-mounted digital 
antenna.169 There may also be other stations in this group that met their previous DTV 
construction requirements but now face unique technical challenges in meeting their deadline to
construct post-transition (DTV Table Appendix B) facilities.170 Such challenges include stations 
that have a side-mounted digital antenna and top-mounted analog antenna and will need to install 
a top-mounted antenna for post-transition digital use, but cannot do so before the end of the 
transition because the tower cannot support the additional weight of third antenna,171 or face 
other circumstances in which the operation of a stations analog service prevents the completion 
of construction of the stations full, authorized post-transition facility, including stations whose 
local power company cannot provide sufficient electrical capacity to the tower site to power both 
analog and full power digital operations, and stations that do not have space at their antenna site 
for both analog and digital equipment.  Stations must document their status as a station facing a 
unique technical challenge and, thereby, obtain February 17, 2009 as their new construction 
deadline, by specifying such status in their application for post-transition facilities (Forms 301 or 
340), if applicable, or by filing a notification electronically through the Commissions 
Consolidated Database System (CDBS) using the Informal Application filing form.172 Stations 
must also specify their status in their Transition Status Reports (Form 387).173 Although 
commenters did not support setting any firm deadline for these stations before the transition date, 
they did generally support our approach to provide these stations with more time to complete 
construction of their final DTV facilities than those stations without such unique technical 
challenges.174 We appreciate that these stations may need more time to complete construction of 
their final DTV facilities than other stations due to the challenge of configuring their stations 
  
167 Id. February 17, 2009 was originally established as the deadline for these stations in the Use or Lose Order, 22 
FCC Rcd at 9751,  1 and 9764-9769, Section III.C. ( 79-115); and Construction Deadline Extension Order, 22 
FCC Rcd 9789 at  1 and 9805-9806, Section III.C.( 82-87).
168 Id.
169 Forty-five stations received a use-or-lose waiver and four stations received an extension in this category.  See 
Construction Deadline Extension Order, 22 FCC Rcd at 9789-9790,  1; Use or Lose Order, 22 FCC Rcd at 9750,  
1.
170 For example, a station may have built a DTV facility that met its use-or-lose requirement to serve at least 80 
percent of the number of viewers served by the 1997 facility on which its replication coverage was based, but now 
must build a DTV facility that matches those specified for it in the post-transition DTV Table Appendix B.
171 Most of these stations proposed to install their DTV antenna on the top of the tower where their existing analog 
antenna currently is housed.  In order to top-mount the DTV antenna, these stations would have to relocate the 
analog antenna to another position on the existing tower or to another location altogether, necessitating the purchase 
of a new analog antenna that would be usable for only a very short period of time.
172 For more information on Informal Filings in CDBS, please refer to this web page:  
http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm. 
173 Stations must check the appropriate box on Question (v)(3) in Section III (Next Steps) of the form, and must also 
detail their plans for repositioning their top-mounted/side-mounted antennas in Section V (DTV Transition Plan) of 
the form.  See new FCC Form 387 in Appendix C, infra. 
174 Tribune Comments at 16-20; Allbritton Comments at 2; Anderson Comments at 3. 
Federal Communications Commission FCC 07-228
34
post-transition facilities.  Commenters have argued that stations with existing top-mounted 
analog and side-mounted digital antennas may face problems if they are forced to complete their 
final DTV facilities before the statutory analog shutdown.175 For example, a station with a side-
mounted DTV antenna, a top-mounted analog antenna and a top-mount DTV allotment risks 
significant analog service losses if it attempts to build-out its post-transition allotment before the 
analog shutdown.176 We, thus, conclude that imposing an earlier deadline for stations with 
unique technical challenges could create technical problems or the needless incurrence of extra 
engineering expenses.  Therefore, we will continue to permit these stations the maximum amount 
of time  until the end of the transition  to complete the construction of their final DTV 
facilities. 
54. However, as discussed above, we cannot give stations blanket authority for more 
construction time beyond the transition date without risking the availability of post-transition 
television service to viewers.  We do agree with commenters, however, that our rules and 
policies must be flexible to enable stations with unique technical challenges to make a smooth 
transition.177 In particular, we expect that stations facing unique technical challenges will benefit 
from our provisions for a phased transition.178 For example, Allbritton has requested that the 
Commission permit a station with a top-mounted analog antenna to delay the start of 
construction of top-mounted, post transition DTV facilities until after the analog shut-down, 
provided that stations existing DTV facility provides service to 100 percent of its replication 
area.179 We find that the phased transition alternative build-out policy that we adopt below will 
provide an avenue for the relief requested by Allbritton.  
4. Other Situations 
55. We adopt our proposals concerning the treatment of stations granted a waiver of the 
August 4, 2005 checklist deadline180 and stations denied an extension of time to construct a 
pre-transition DTV facility or a use or lose waiver request.
56. Checklist Waiver Stations.  We adopt our proposal in Third DTV Periodic Review 
NPRM181 to set a construction deadline for the 10 stations granted a checklist waiver that is 
based upon whether their pre-transition DTV channel is the same as, or different from, their post-
transition channel.  We received no comments on this issue.  We find that our original proposal 
is an appropriate method for setting the construction deadline for these stations.  Accordingly, 
the six stations granted checklist waivers whose pre-transition DTV channel is different from 
  
175 See, e.g., Tribune Comments at 16-20. 
176 See, e.g., Allbritton Comments at 2.  Allbritton argues that requiring these stations to remove their top-mounted 
analog antenna before the analog cut-off is a very bad idea because stations will likely suffer severe analog 
coverage losses and could require significant tower work.  
177 See, e.g., Tribune Comments at 16-20.
178 See Section V.B.7, infra. We note that not all of the stations granted a use or lose waiver in this category have the 
type of situation that is likely to warrant further time to complete construction after the transition date.  See, e.g., Use 
or Lose Order, 22 FCC Rcd at 9768-9769,  109-113.
179 Allbritton Comments at 2.  
180 These stations sought a waiver of the August 4, 2005 deadline established for all television stations to construct 
and operate a checklist DTV facility.  See Use or Lose Order, 22 FCC Rcd at 9753,  8-9.
181 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9507-08,  75-76.
Federal Communications Commission FCC 07-228
35
their post-transition channel,182 may forego construction of their pre-transition DTV facility and 
must complete construction of their post-transition facility by February 17, 2009.183 The four 
stations granted checklist waivers whose pre-transition DTV channel is the same as their post-
transition channel,184  must complete their full, final post-transition facility by the deadline 
established for other stations whose pre-transition DTV channel is the same as their post-
transition channel.185
57. Stations Denied an Extension of Time to Construct.186 Five stations were denied 
extensions in the Construction Deadline Extension Order.187 Three of these stations were 
admonished and made subject to remedial measures. 188 One admonished station, whose pre-
transition DTV channel is the same as its post-transition channel, was afforded six months from 
the release date of the Order to comply with the DTV construction rule.  The other two 
admonished stations, whose pre-transition DTV channel is different from their post-transition 
channel, were afforded until 30 days after the effective date of the amendments to Section 
73.624(d) of the rules to be adopted in the Report and Order in this Third DTV Periodic Review 
proceeding.  All three admonished stations were also made subject to the remedial measures for 
DTV construction adopted by the Commission.189 For the three admonished stations, we 
proposed in the Third DTV Periodic Review NPRM to not consider any future requests for 
extension of time to construct pre-transition facilities.190 As we stated in the Third DTV Periodic 
Review NPRM, we believe that admonished stations that have been denied an extension of their 
construction deadline and have been required to follow remedial procedures should be treated 
more strictly than stations that have been granted an extension of the construction deadline.191  
We received no comments on this issue and will adopt our proposal.
58. Of the three stations that were denied an extension and admonished, only one station
WTVA-DT, channel 8, Tupelo, Mississippi192 has still not built its pre-transition facility.193  
  
182 See Use or Lose Order, 22 FCC Rcd at 9771,  127.  This number will change from six to seven if our proposed 
channel change for station WPCW-DT, Jeannette, PA (from its DTV channel 49 to new channel 11) is adopted, 
giving the station a construction deadline of February 17, 2009.  See Eighth Further Notice of Proposed 
Rulemaking, 22 FCC Rcd 15640-43,  149-154.  
183 These stations will be treated like any other stations whose pre-transition DTV channel is different than their 
post-transition channel.  See supra, Section V.B.1..
184 See Use or Lose Order, 22 FCC Rcd at 9771,  128.  This number will change from four to three for the reasons 
discussed in note 184, supra.
185 Station WSMH-DT, Flint, MI is the only one of these stations that has yet to apply for and build its post-
transition DTV Table Appendix B facilities and, accordingly, has a construction deadline of August 18, 2008.  See
Section V.B.2., supra.  
186 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9508-09,  77.
187 See Construction Deadline Extension Order, 22 FCC Rcd at 9806-09,  88-99.
188 Id at 9807-9809, Section III.E. ( 92-99). 
189 Id.  See also Remedial Measures For Failure to Comply with Digital Television Construction Schedule, Report 
and Order, 18 FCC Rcd 7174 (2003) (Remedial DTV R&O).
190 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9508-09,  77.
191 Id.
192 The licensee of this station is WTVA, Inc.
Federal Communications Commission FCC 07-228
36
WTVA-DT  has a post-transition channel that is different from its pre-transition DTV channel.  
We stated in the Third DTV Periodic ReviewNPRM that requiring such stations, even if denied 
an extension and admonished, to build their pre-transition channel would be inconsistent with 
our policy to shift our focus to construction of post-transition facilities.194 Accordingly, we 
proposed that we would not require these stations to construct their pre-transition facilities, but 
that these stations would remain admonished and would remain on a remedial program with 
respect to construction of their post-transition facilities.195 In light of the Commissions 
consideration of the issues raised in the Third DTV Periodic Review NPRM, the Commission 
decided in the Construction Deadline Extension Order to temporarily stay its reporting and 
progress requirements for admonished stations in the case of WTVA-DT.196 As WTVA-DT has 
a post-transition channel that is different from its pre-transition DTV channel, consistent with our 
decision in this Report and Order197 and as we proposed in the Third DTV Periodic Review 
NPRM, we hereby determine that this station will not be required to construct its pre-transition 
facility and will remain admonished and on a remedial program with respect to the construction 
of its post-transition facility.198 Station WTVA-DT must construct its post-transition facility no 
later than February 17, 2009, the deadline we have established in this Report and Order for all 
stations in this category.199 In addition, in accordance with our remedial program, WTVA-DT 
must report on its construction progress every 60 days following release of this Report and 
Order.  If station WTVA-DT fails to make progress, it will be subject to additional remedial 
measures and sanctions.200 These actions modify our prior remedial measures/admonishment 
order for WTVA-DT.201  
59. Stations Denied Waiver of the Use or Lose Deadline.  For stations that were denied 
use or lose waivers in the Use or Lose Order, seven stations were denied use or lose waivers in 
the Use or Lose Order and, consequently, lost interference protection to the unused portion of 
the associated coverage area and lost the ability to carry over their interference protection to 
their unserved DTV service area on their post-transition channel.202 In the Third DTV Periodic 
(Continued from previous page)    
193 See Construction Deadline Extension Order, 22 FCC Rcd at 9807-09,  92, 94, 96, 99.  We note that the two 
other stations that were denied extensions and admonished have since reported the completion of their final DTV 
facility and, therefore, do not require further consideration. These stations are KJUD-DT, Juneau, Alaska and 
KECY-DT, El Centro, California.  KECY-DT sought reconsideration of the Commissions admonishment of its 
failure to complete construction in a timely manner.  That reconsideration will be addressed in a separate 
proceeding.
194 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9508-09,  77.
195 Id.
196 See Construction Deadline Extension Order, 22 FCC Rcd at 9808-09,  99.
197 See Section V.B.1, supra.
198 See Construction Deadline Extension Order, 22 FCC Rcd at 9808-09,  99.
199 See Section V.B.1., supra.
200 See Section V.B.6, supra (discussing sanctions for failure to meet deadlines).
201 See Construction Deadline Extension Order, 22 FCC Rcd at 9806-09, Section III.E. ( 88-99).
202 See Use or Lose Order, 22 FCC Rcd at 9770  124.  These stations were unable to show that good cause existed 
to allow them additional time to meet their applicable use or lose deadline. See Use or Lose Order, supra at 9751, 
 1, and at Section III.D ( 116-126).  Two of the seven stations denied use-or-lose waiver requests, KAME and 
WCOV, are remaining on their current DTV channel for post-transition use.  Neither of these stations filed petitions 
(continued.)
Federal Communications Commission FCC 07-228
37
Review NPRM, we invited comment on whether we should reevaluate the loss of interference 
protection for these stations with respect to their post-transition channel. 203 We received no 
comments on this issue.  We decline to change our decision in that order  to remove interference 
protection for the parts of their service area that were not built by the deadline and for which 
these stations were unable to justify a waiver. 
60. There is no reason to distinguish between stations that failed to complete construction 
of their pre-transition facility by the use-or-lose deadline based on whether or not the facility 
would also be used for post-transition operation.  In this case, the required build-out was 
specifically to provide pre-transition service and the failure to provide that service without a 
valid justification cannot be excused.  Accordingly, we will not reevaluate here our decision to 
remove interference protection for these stations. These stations will not lose their license and 
must comply with the relevant deadline for operation of their post-transition facility if it differs 
from their pre-transition facility.204 We note that four of these stations have sought 
reconsideration of the denial of their use or lose waivers.205 We will address these petitions for 
reconsiderations in a separate proceeding. 
5. Extension/Waiver of DTV Construction Deadlines
61. In this section, we adopt our proposed revisions to Section 73.624(d)(3) of the rules to 
tighten the standard for extension of DTV construction deadlines.  However, we also clarify that 
we will consider, on a case by case basis in very limited circumstances, requests for an extension 
that do not meet our stricter criteria adopted herein where the station can show extraordinary 
circumstances that warrant providing additional time to complete construction.  We also 
conclude that there will no longer be a separate treatment of use-or-lose deadlines, rather all 
requests for more time to complete construction of full authorized facilities will be dealt with as 
requests for CP extensions.  In addition, we will require stations seeking an extension under 
Section 73.624(d)(3) to comply with a viewer notification requirement (detailed below).206  
Finally, as we proposed in the Third DTV Periodic Review NPRM, for all requests for additional 
time to construct DTV facilities for construction deadlines occurring on February 18, 2009 or 
(Continued from previous page)    
for reconsideration and their denial is final.  They must file applications to modify their construction permit to 
specify their reduced DTV facilities and, upon grant of the construction permit, they must file a license application 
to cover this modification reflecting their now completed facility.  See Use of Lose Order, 22 FCC Rcd at 9769 
Section III.D. ( 116-126). 
203 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9509-9510,  78.
204 The five stations whose pre-transition channel is not the same as their post-transition channel are required to 
complete construction of their post-transition facility by February 17, 2009, but have lost interference protection to 
that part of their service area that they failed to serve by the use-or-lose deadline.  One of these stations, KUAM, did 
not file a petition for reconsideration and their denial is final.  When KUAM applies for its construction permit, its 
application should reflect this modification. 
205 Stations KBDI-DT, Denver-Broomfield, Colorado, WDHS-DT, Iron Mountain, Michigan, WDTV-DT, Weston, 
WV, and WTXX-DT, Waterbury, Connecticut, all filed such petitions for reconsideration. If their petitions are 
denied, their applications for CP to construct their post-transition facilities must include the necessary modification 
to reflect the service area lost.
206 See  80, infra.
Federal Communications Commission FCC 07-228
38
later, we will consider such requests under the tolling standard set forth in Section 73.3598(b) of 
our rules.207
62. Specifically, we take the following steps with respect to requests for additional time 
to construct post-transition facilities:
(1) Absent extraordinary circumstances we will no longer consider lack of equipment in 
the evaluation of whether to grant a request for extension of time to construct a DTV 
facility. 
(2) We continue to consider circumstances beyond the licensees control in evaluating 
requests for extension of time, including delays related to zoning issues or 
international coordination.  
(3) We eliminate the existing four-part test for an extension of time on the grounds of 
financial hardship. Under the new test adopted herein, absent extraordinary 
circumstances, to obtain an extension on the grounds of financial hardship we will 
require that the station show that it is (a) the subject of a bankruptcy or receivership 
proceeding, or (b) experiencing severe financial hardship, as defined by negative cash 
flow for the past three years.
(4) Requests for extension must be received at least 60 days prior to the deadline for 
which the extension is requested to ensure review prior to the deadline.  
(5) Beginning at least 30 days prior to the stations termination of analog service, stations 
must notify their viewers about any delays in completing construction that will 
prevent the station from providing post-transition digital service to all viewers.208
(6) For all requests for additional time to construct DTV facilities for construction 
deadlines occurring on February 18, 2009 or later, we will consider such requests 
under the tolling standard set forth in Section 73.3598(b)209 of the rules.  This rule 
provides that the period of construction for an original construction permit shall toll 
when construction is prevented due to an act of God (e.g., floods, tornados, 
hurricanes, or earthquakes), the grant of the permit is the subject of administrative or 
judicial review, or construction is delayed by a cause of action pending in court 
related to requirements for construction or operation of the station (i.e., zoning or 
environmental requirements).210
63. Stations that cannot finalize construction of their final DTV facilities by the February 
17, 2009 deadline have several options.  First, they may apply for an extension of time to 
construct pursuant to the stricter extension criteria adopted herein.  Alternatively, as discussed 
  
207 See 47 C.F.R.  73.3598(b).  Section 73.3598(b) provides that the period of construction for an original 
construction permit shall toll when construction is prevented due to an act of God (e.g., floods, tornados, hurricanes, 
or earthquakes), the grant of the permit is the subject of administrative or judicial review (i.e., petitions for 
reconsideration and applications for review of the grant of a construction permit pending before the Commission and 
any judicial appeal), or construction is delayed by a cause of action pending in court related to requirements for 
construction or operation of the station (i.e., zoning or environmental requirements).
208 The station must air such notifications on its analog channel. See  80, infra.  
209 Id.
210 Id.
Federal Communications Commission FCC 07-228
39
below in the phased transition section,211 stations that cannot finalize construction of their full, 
authorized post-transition facilities by the transition deadline and that do not meet the revised 
extension criteria adopted herein may request that they be permitted to stay on their pre-
transition DTV channel for a period of time past the February 17, 2009 deadline to permit them 
to finalize construction provided they serve their existing viewers.  As another option, also 
discussed in the phased transition section below,212 a station that cannot finalize its full, 
authorized post-transition facilities by February 17, 2009 and that cannot meet the revised 
extension criteria may also request that it be permitted to operate with less than full, authorized 
facilities for a period of time after the transition deadline provided it serves its existing viewers.  
Stations that cannot build post-transition facilities that serve their existing viewers by February 
17, 2009 will not be eligible to take advantage of these phased transition options.  Requests for 
more time to construct for any deadline of February 18, 2009 or later will be subject to the 
tolling standard, as discussed more fully below.
64. The stations that face the most significant amount of construction to finalize their 
post-transition facilities are those that are moving to a different channel for post-transition 
operation.  It is important to note that in this Report and Order we provide these stations the 
maximum amount of time  e.g., until February 17, 2009  to complete construction of these 
post-transition facilities.213 As analog transmissions must cease by February 17, 2009, any 
extension of time to construct final DTV facilities granted beyond this date will result in the loss 
of service to over-the-air viewers.214 Consequently, as discussed further below, we will provide 
extensions of time to construct final DTV facilities only in the most serious of situations. 
65. Stations that have an earlier deadline to construct post-transition facilities generally 
do not have a significant amount of construction remaining to complete their final DTV facility.
215 In some cases, however, these stations do face genuine obstacles to completing construction, 
such as zoning issues or weather-related damages to facilities.  For these stations, the revised 
standard we adopt herein will continue to consider these kinds of issues in evaluating extension 
requests. For stations moving to a new channel post-transition and that are subject to either the 
May 18, 2008 or August 18, 2008 construction deadline, those that need an extension and can 
satisfy the new criteria adopted herein will be granted an extension until February 18, 2009.
66. In general, at this stage in the transition it would be a disservice to the public to 
permit stations to continue to obtain extensions of time to construct due to equipment shortages 
associated with poor planning or a reluctance to commit financial resources to construction of 
full digital facilities.  While most of the commenters that addressed our proposals to tighten the 
standards for grant of additional time to construct DTV facilities disagreed with our proposals,216
  
211 See Section V.B.7., infra.
212 See id.
213 See Section V.B.1., supra. We also permit stations that are moving to a new channel post-transition and whose 
pre-transition facility is unbuilt or nonoperational to cease efforts to construct the pre-transition facility and focus 
their efforts on constructing the final, post-transition facility.  Id.
214 Some stations may be permitted to continue to serve current viewers on their pre-transition DTV channel past the 
transition deadline.  See Section V.B.7.a., infra.
215 Stations whose pre- and post-transition channels are the same have until May 18, 2008 to finalize construction of 
the post-transition facility. See Section V.B.2., supra.
216 See e.g., MSTV/NAB Comments at 20-24; APTS/PBS Comments at 19-20.
Federal Communications Commission FCC 07-228
40
we believe it is necessary that these standards be tightened to ensure continued, necessary 
progress by stations toward completion of their post-transition facilities. Because we are close to 
the end of the transition  the ultimate deadline  we can no longer allow extensions except in 
the most serious, extraordinary, or truly unavoidable circumstances, such as bankruptcy or 
zoning or other impediments beyond the stations control.  Stations that cannot satisfy these 
criteria and yet do not complete construction of their post-transition facility will be admonished, 
placed in remedial programs, subjected to forfeitures, will lose interference protection to their 
unbuilt service areas, and/or will not be permitted to apply for expanded facilities.  These 
stations will also be required to notify their viewers that the station will not be serving some or 
all of these viewers beginning February 18, 2009.
67. We have determined that there is no further need for separate use or lose and 
construction deadlines at this point in the transition.  Our use or lose deadlines were an effort 
to ensure that stations were operating full power pre-transition DTV facilities during the course 
of the DTV transition.  As we are nearing the end of the DTV transition, stations must complete 
their final, post-transition facilities, and the less than full facilities that were permitted by the 
use-or-lose deadlines will no longer be sufficient.  Therefore, from this point on, we will enforce 
only construction deadlines for all stations.  Any station whose DTV facility is either unbuilt or 
built but operating at less than full power may submit an application for extension if it wants to 
retain protection to the authorized service area217 and would meet the new extension criteria.218
68. Background.  In the Third DTV Periodic Review NPRM, we tentatively concluded 
that we would revise Section 73.624(d)(3) of the rules, which sets forth the standard for 
extension of DTV construction deadlines, to make that provision substantially stricter.219 We 
noted that the initial construction deadlines for DTV facilities passed several years ago and that 
the deadline for completion of the transition is rapidly approaching.  It is critical at this stage in 
the transition that stations finalize their construction plans and implement them. 
69. Under the current rules, the Media Bureau may grant a six-month extension of time to 
construct a DTV station if the licensee or permittee can show that the failure to meet the 
construction deadline is due to circumstances that are either unforeseeable or beyond the 
licensees control where the licensee has taken all reasonable steps to resolve the problem 
expeditiously.220 The rules state: [s]uch circumstances shall include, but are not limited to (A) 
[i]nability to construct and place in operation a facility  because of delays in obtaining zoning 
or FAA approvals, or similar constraints; (B) the lack of equipment necessary to obtain a digital 
television signal; or (C) where the cost of meeting the minimum build-out requirements exceeds 
the stations financial resources.221 These rules apply to stations granted a paired license for 
  
217 We also note that stations that do not intend to build out to their full authorized facility should apply for a license 
to cover the facility they have built. See also Section V.B.7., infra.
218 See  62, 79 (referencing new extension criteria and continued use of FCC Form 337).
219 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9510-9512,  81-83
220 See 47 C.F.R.  73.624(d)(3).
221 See 47 C.F.R.  73.624(d)(3)(ii).  To qualify under the financial resources standard, the applicant must provide 
(1) an itemized estimate of the cost of meeting the minimum build-out requirements; (2) a detailed statement 
explaining why its financial condition precludes such an expenditure; (3) a detailed accounting of the applicants 
good faith efforts to meet the deadline, including its good faith efforts to obtain the requisite financing and an 
explanation why those efforts were unsuccessful; and (4) an indication when the applicant reasonably expects to 
complete construction.  See First DTV Periodic MO&O, 16 FCC Rcd at 20610-20612, 46 (four-part test).
Federal Communications Commission FCC 07-228
41
analog and digital operation during the transition.222 The Bureau may grant no more than two 
extension requests upon delegated authority.  Subsequent extension requests must be referred to 
the Commission.223
70. In the Third DTV Periodic Review NPRM, we proposed to eliminate Section 
73.624(d)(3)(ii)(B), which permits consideration of lack of equipment in the evaluation of 
whether to grant a request for extension of time to construct.  Most stations have had ample time 
to order the equipment required to provide digital service.  In addition, given the relatively short 
time remaining in the transition, we find that it is not appropriate to grant stations additional time 
to construct because of equipment delays, absent extraordinary circumstances.  We also proposed 
to eliminate the existing four-part test for financial hardship, which permits consideration of 
circumstances where the cost of meeting build-out requirements exceeds the stations financial 
resources, and replace it with a new test.  Specifically, in seeking a DTV extension for financial 
reasons, we proposed that the licensee/permittee of a station may show that it is (1) the subject of 
a bankruptcy or receivership proceeding, or (2) experiencing severe financial hardship, as 
defined by negative cash flow for the past three years.224  
71. Equipment shortages.  Consistent with our proposal in the Third DTV Periodic 
Review NPRM, we eliminate Section 73.624(d)(3)(ii)(B) of our rules, which permits 
consideration of circumstances related to the lack of equipment necessary to obtain a digital 
television signal in the evaluation of whether to grant a request for extension of time to 
construct.225 Going forward, absent extraordinary circumstances, we will no longer consider lack 
of equipment a valid ground for granting a request for extension of time to construct.  Although 
the commenters that addressed this issue generally opposed our proposal to eliminate the 
equipment shortage justification for an extension,226 we find that at this relatively late stage in the 
transition it is no longer appropriate to signal to stations that they can obtain more time to 
construct their final DTV stations by citing general difficulties related to obtaining equipment.  
Stations must at this stage in the transition be submitting their equipment orders and arranging 
  
222 DTV singleton stations are already subject to the tolling provisions in 47 C.F.R.  73.3598(b).  We did not 
propose, and do not make, any changes to our rules regarding DTV singletons.
223 See 47 C.F.R.  73.624(d)(3)(iii).
224 Our proposed showing of three years of negative cash flow is similar to the showing considered in determining 
whether a station is a failed station for purposes of a waiver of our local TV ownership rules.  See, e.g., 2002 
Biennial Regulatory Review  Review of the Commissions Broadcast Ownership rules and Other Rules Adopted 
Pursuant to Section 202 of the Telecommunications Act of 1996, MB Docket 02-277, Cross-Ownership of Broadcast 
Stations and Newspapers, MM Docket 01-235, Rules and Policies Concerning Multiple Ownership of Radio 
Broadcast Stations in Local Markets, MM Docket 01-317, Definition of Radio Markets, MM Docket 00-244, 
Definition of Radio Markets for Areas Not Located in An Arbitron Survey Area, MB Docket 03-130, Report and 
Order and Notice of Proposed Rulemaking, 18 FCC Rcd 13620, 13706  221 (2003). However, we made clear in the 
Third DTV Periodic Review NPRM that we do not intend to use the failed station standard in its entirety as applied 
in the context of local TV ownership in determining whether a station should be granted an extension of time to 
construct under our revised extension standard.  See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9511,  81, 
n. 155.  As proposed in the Third DTV Periodic Review NPRM, we will require that a station seeking a DTV 
extension for financial reasons to demonstrate that it is either in bankruptcy or receivership or has had negative cash 
flow for the past three years.
225 47 C.F.R.  73.624(d)(3)(ii)(B).
226 See, e.g., MSTV/NAB Comments at 21 n.41; APTS/PBS Comments at 23.
Federal Communications Commission FCC 07-228
42
for delivery and installation in order to ensure that they meet the DTV construction deadlines 
established in this Report and Order.227
72. While requests for an extension of time on the grounds of a lack of equipment will no 
longer generally be granted, we recognize that for some stations difficulties beyond their control 
in obtaining or installing equipment may still pose unavoidable delays in completing 
construction, either because of real equipment shortages, the lack of sufficient tower crews, or 
because of a delay in scheduling equipment installation due to weather.  Therefore, while we 
adopt our proposal to eliminate the equipment shortage justification as a general ground for grant 
of an extension of time, and amend the rule accordingly,228 we will consider, on a case by case 
basis, requests for an extension where a station can demonstrate that, despite timely orders, there 
is a delay in delivery of equipment due to a shortage of supply or that there is a delay in 
installing equipment on hand or in completing tower construction due to a shortage of qualified 
tower crews.  Only stations that can demonstrate that they placed their equipment orders and 
requested tower crews well in advance will be considered eligible for an extension on these 
grounds.  In addition, we will also consider requests for an extension where the station can 
demonstrate that tower construction cannot be completed because of weather conditions or that 
equipment is on hand but that weather conditions have delayed installation.  In each case, we will 
require the station to provide specific, detailed information  and supporting documentation to 
demonstrate that grant of an extension of time to construct is warranted because of a genuine, 
specific, verifiable delay due to equipment or manpower shortages or weather.  Such
documentation could include, for example, proof that equipment was timely ordered together 
with a letter from the equipment supplier confirming a delay in filling orders and an estimated 
date by when the equipment will be delivered, or proof that equipment is on hand together with a 
letter from the equipment installer confirming a delay in scheduling installation and an estimated 
date for installation.  With respect to delays due to weather, we will consider proof that the 
equipment is on hand or that tower construction has commenced or is ready to commence 
together with information confirming unsuitable weather conditions and an estimated date for 
finalizing tower construction and/or equipment installation.  Stations must also note on FCC 
Form 387 the status of the stations transition and any delays related to delivery or installation of 
equipment and must update the form to keep the Commission apprised of changes or continuing 
delays.229
73. This approach responds to the concerns raised by MSTV and NAB who specifically 
opposed our proposal to eliminate the equipment shortage justification for an extension of time.  
MSTV and NAB argued that eliminating the equipment shortage justification was inappropriate 
given the enormous anticipated demand for equipment and the relatively small number of 
  
227 While we recognize that some stations are still awaiting authorization of their final DTV facilities, the vast 
majority of stations have been assigned a channel and facility and have no legitimate cause for reluctance to order 
equipment.  Moreover, most of the stations that have requested a change in their previously certified facilities in 
petitions for reconsideration of the Seventh Report and Order in the DTV table proceeding assert that their requested 
changes are needed to facilitate construction using existing antennas or other equipment.  Therefore, these stations 
should not have need of additional time to construct based on equipment shortages.  While stations may be eager to  
order equipment that will permit them to expand their facilities at a later date when such expansion may be 
permitted, stations cannot use this excuse to delay ordering now equipment that will permit them to finalize their 
current authorized facilities.
228 See revised rule 47 C.F.R.  73.624(d)(1)(v)-(vii) in Appendix B, infra.
229 See Section V.A.1, supra.
Federal Communications Commission FCC 07-228
43
manufacturers and installers, which could lead to very real shortages.230 We agree that there are 
instances in which stations may face legitimate delays in obtaining or installing equipment 
because of high demand or weather considerations and we will consider extensions in these 
extraordinary circumstances.   Apart from such extraordinary circumstances, however, we will 
no longer generally consider lack of equipment as grounds for an extension of time.  
74. Financial hardship.  We also hereby adopt our proposal to eliminate the existing four-
part test for financial hardship, which permits consideration of circumstances where the cost of 
meeting build-out requirements exceeds the stations financial resources, and replace it with a 
new test.  To obtain an extension on the grounds of financial hardship we will require that the 
station show that it is (1) the subject of a bankruptcy or receivership proceeding, or (2) 
experiencing severe financial hardship, as defined by negative cash flow for the past three years.  
Stations seeking an extension based upon financial considerations must either (1) submit proof 
that they have filed for bankruptcy or that a receiver has been appointed, or (2) submit an audited 
financial statement for the previous three years.  All such stations must also submit a schedule of 
when they expect to complete construction.
75. Our goal in adopting this stricter financial hardship standard is to limit extensions to 
situations where stations clearly are unable to make the financial commitment necessary to 
complete construction of their post-transition DTV facilities.  While we recognize that a number 
of stations face financial obstacles to completing construction, at this relatively late stage in the 
transition it is imperative that stations devise and implement a plan to complete their final DTV 
facilities.  Analog broadcasts must cease at midnight on February 17, 2009.  In order to ensure 
that viewers continue to receive television service after the transition, stations must complete 
their post-transition facilities now. It is difficult to imagine a more compelling use of funds than 
to ensure continued service to the viewing public.  Thus, only stations that can demonstrate no 
available funds or source of funding to complete construction may be granted an extension on 
this ground.
76. While we adopt our proposal to tighten our financial hardship standard, and amend 
the rule accordingly,231 we recognize that some stations, including some noncommercial 
educational stations and some smaller stations, face extraordinary financial circumstances that do 
not fit within the new financial hardship criteria but that nonetheless may warrant an extension of 
time to finalize construction.  Therefore, we will consider, on a case by case basis, requests for 
an extension that do not meet our revised financial hardship criteria where a station can 
demonstrate extraordinary circumstances.  In this regard, we will consider situations where the 
station can demonstrate, for example, that it is awaiting expected funding in the form of a station 
grant or similar funding together with a date by when such funding is expected to be received.  
We will also consider situations in which the station can show that it has a detailed, step-by-step 
plan for constructing its post-transition facilities by February 17, 2009 and that it is making and 
will continue to make timely progress in implementing this plan.  We caution stations that 
extensions on the grounds of extraordinary circumstances will not be routinely granted.
77. We will require that all stations requesting an extension submit proof of the 
circumstances that warrant an extension of time, and provide a firm estimate of when 
construction will be completed.  Stations will also be required to provide information on FCC 
  
230 See MSTV/NAB Comments at 21, n. 41.
231 See revised rule 47 C.F.R.  73.624(d)(1)(v)-(vii) in Appendix B, infra.
Federal Communications Commission FCC 07-228
44
Form 387 regarding the status of the stations transition and to update this information on a 
regular basis.232
78. Circumstances beyond the stations control.  As we proposed, we will continue to 
consider requests for extension of time where the station is awaiting action by the Commission 
or a court on a pending application or appeal or where action on an application is being delayed 
for other reasons beyond the stations control.233 We will consider delays due to international 
coordination where resolution of the international coordination issue is truly beyond the control 
of the station, such as where the failure to obtain coordination will not permit the station to 
construct facilities sufficient to replicate its analog coverage area.  A station seeking to maximize 
that cannot obtain international coordination for such facilities may be required to construct 
facilities with a smaller coverage area.  As we stated in the Third DTV Periodic Review NPRM, 
we will also continue to consider circumstances related to an act of God or terrorism in 
evaluating requests for an extension of time to construct.234
  
232 See supra, Section V.A.1.
233 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9511-12,  83.
234 Id.  See revised rule 47 C.F.R.  73.3598(b) in Appendix B, infra.
Federal Communications Commission FCC 07-228
45
79. Application of revised extension standard.  Our stricter standard for grant of an 
extension of time to construct DTV facilities adopted herein will be applied to all pending and 
future requests for extension of construction deadlines occurring on or before February 17, 2009.  
While we proposed in the Third DTV Periodic Review NPRM to apply our stricter extension 
standard to construction deadlines occurring before  but not on  February 17, 2009, and to 
apply our proposed tolling standard to deadlines on or after that date,235 we now find it is 
appropriate to apply the revised, stricter extension standard to construction deadlines on or 
before February 17, 2009.  While our revised extension standard is stricter than the current 
standard, it provides more flexibility to stations than the tolling standard.  Thus, applying the 
revised extension standard rather than tolling to stations with a February 17, 2009 construction 
deadline will provide some relief to these stations that may face legitimate obstacles to 
completing their post-transition facilities.  All requests for extension of time pursuant to Section 
73.624(d), as amended,236 must be filed electronically using the revised FCC Form 337.237 We 
remind parties that applications for extension must be filed no earlier than 90 and no later than 
60 days prior to the relevant construction deadline, absent a showing of sufficient reasons for 
filing within less than 60 days of the relevant construction deadline.238 To ensure sufficient time 
for review of any such extension requests, the Bureau is instructed to apply this requirement 
strictly and to accept extension requests filed fewer than 60 days before the applicable 
construction deadline only if the party affirmatively and persuasively demonstrates that the 
extension is necessary due to an unforeseen development or event occurring within the 60 day 
timeframe.239
80. Viewer Notification.  Stations that will not be serving at least the same population 
that receives their current analog TV and DTV service on February 18, 2009 must notify viewers 
on their analog channel about the stations planned delay in construction and operation of post-
transition (DTV) service.240 Therefore, stations seeking an extension of time to construct post-
transition facilities under revised Section 73.624(d)(3) must notify viewers on their analog 
channel about their post-transition service limitations.  Such notifications must occur every day 
on-air at least four times a day including at least once in primetime for the 30-days prior to the 
stations termination of full, authorized analog service.  These notifications must include:  (1) the 
stations call sign and community of license; (2) the fact that the station must delay the 
construction and operation of its post-transition (DTV) service; (3) information about the nature, 
scope, and anticipated duration of the stations post-transition service limitations; (4) what 
  
235 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9511-12,  83-86.
236 See revised rules 47 C.F.R.  73.624(d)(1)(v)-(vii) Appendix B, infra.
237 See form changes to FCC Form 337 in Appendix C.  Requests for extraordinary relief in the circumstances 
described herein should also be filed electronically using FCC Form 337.  Such requests should indicate clearly the 
circumstances that the station claims warrants additional time to construct. 
238 47 C.F.R.  73.624(d)(3)(iv).
239 We note that because any extensions would apply to the new deadlines adopted by this Report and Order, the 
Media Bureau has delegated authority to grant or deny extensions for up to six months.  See 47 C.F.R.  
73.624(d)(3)(i), (iii).
240 Population to be served should be based on the population the station is authorized to serve both before and after 
the transition.  Population not previously served and population that will no longer be served by the stations 
authorized post-transition facility need not be counted.  This applies to all calculations of population herein.  See
Section V.B.7., infra. 
Federal Communications Commission FCC 07-228
46
viewers can do to continue to receive the station, i.e., how and when the stations digital signal 
can be received;241 and (5) the street address, email address (if available), and phone number of 
the station where viewers may register comments or request information.  We note that these 
viewer notifications are in addition to, and separate from, any notification requirements that we 
may adopt pursuant to our DTV Consumer Education Initiative.242
81. Tolling.  As we proposed in the Third DTV Periodic Review NPRM, post-transition 
we will return to the existing standard for analog facilities in considering requests for additional 
time to construct DTV facilities.  For all requests for additional time to construct DTV facilities 
for construction deadlines occurring February 18, 2009 or later, we will consider such requests 
under the tolling standard set forth in Section 73.3598(b) of the rules,243 which currently applies 
to DTV singletons and analog TV stations, as well as AM, FM, International Broadcast, low 
power TV, TV translator, TV booster, FM translator, FM booster, and LPFM stations.  Section 
73.3598(a) applies to construction permits for new TV stations or to make changes in existing 
stations, and we hereby clarify that this reference includes construction permits for new DTV 
stations, as well as to existing DTV stations, and that we will apply Section 73.3598 to such 
stations beginning February 18, 2009.  We also will require that notifications pursuant to Section 
73.3598 be filed electronically through the Commissions Consolidated Database System 
(CDBS) using the Informal Application filing form.244
82. While the commenters that addressed the tolling issue generally opposed 
implementation of this approach,245 we find that once the transition to an all-digital broadcast 
service has occurred, it is appropriate to apply a stricter tolling approach to construction 
deadlines.  Once DTV is the sole broadcast service, we find requests for additional time to 
construct should be treated as we now treat such requests for all analog stations and DTV 
singletons.246 Once the transition deadline has passed, stations will no longer be required to 
operate dual facilities and the demand for scarce resources by industry will level off.  In the 
Third DTV Periodic Review NPRM, we proposed to apply tolling to construction deadlines 
occurring on February 17, 2009 or later.247 However, as noted above,248 we will instead apply the 
revised extension criteria to deadlines on or before February 17, 2009 and will apply tolling to 
deadlines occurring February 18, 2009 or later.  This approach will provide some additional 
flexibility to stations by delaying implementation of the stricter tolling standard.  
83. Section 73.3598 provides that the period of construction for an original construction 
permit shall toll when construction is prevented due to an act of God (e.g., floods, tornados, 
  
241 Alternatively, the notification could describe how to get service from another station affiliated with the same 
network and serving the same lost area. 
242 See generally DTV Consumer Education Initiative, supra, note 84.
243 See 47 C.F.R.  73.3598(b).
244 For more information on Informal Filings in CDBS, please refer to this web page:  
http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm. 
245 See CBS Comments at 5; Broadcast Company of Sarasota at 2-3.
246 See 47 C.F.R.  73.3598(b).
247 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9512,  86.
248 See supra  62.
Federal Communications Commission FCC 07-228
47
hurricanes, or earthquakes), the grant of the permit is the subject of administrative or judicial 
review, or construction is delayed by a cause of action pending in court related to requirements 
for construction or operation of the station (i.e., zoning or environmental requirements).249  
Beginning February 18, 2009, we will require that DTV permittees notify the Commission of any 
event covered under our tolling provision and provide supporting documentation in order to toll 
the construction deadline.250 Permittees will also be required to notify the Commission when a 
relevant administrative or judicial review is resolved.  Tolling resulting from an act of God 
automatically ceases six months from the date of the notification to the Commission unless the 
permittee submits additional notifications at six-month intervals detailing how the act of God 
continues to cause delays in construction and describing construction progress and the steps the 
permittee has taken and proposes to take to resolve any remaining impediments.251 Any 
construction permit for which construction has not been completed and for which an application 
for license has not been filed shall be automatically forfeited upon expiration without any further 
affirmative cancellation by the Commission.252
84. As proposed in the Third DTV Periodic Review NPRM, delays due to international 
coordination will not generally be grounds for tolling of a DTV construction permit with two 
exceptions.  First, the Commission will toll a construction permit for a DTV station where the 
station demonstrates that a request for international coordination has been sent to Canada or 
Mexico on behalf of the station and no response from the country affected has been received.  
Second, the Commission will toll a DTV construction permit where the station can demonstrate 
that the DTV facility approved by Canada or Mexico would not permit the station to serve the 
viewers currently served by the stations analog facility that would also be served by the stations 
digital facility approved by the Commission domestically.  The tolling rule is amended 
accordingly.253
6. Sanctions for Failure to Meet Construction Deadlines
85. We remind stations that they will be subject to sanctions if they fail to meet their 
deadline for the construction of their final, post-transition DTV facilities, fail to justify an 
extension of their deadline pursuant to the revised procedures and policies, or are otherwise 
unable to qualify for the phased transition provisions.  For example, a station failing to meet its 
construction deadline may be subject to license revocation procedures,254 the issuance of 
  
249 Id.  Under the tolling standard, the filing of an application for modification of a construction permit does not 
serve as grounds for tolling of the construction deadline.
250 See id. See also 47 C.F.R.  73.3598(c).
251 See Section V.B.5, supra.  See also 47 C.F.R.  73.3598(d).
252 See id. See also 47 C.F.R.  73.3598(e).  The Commission has noted that there may be rare and exceptional 
circumstances, other than those delineated in its rules or decisions adopting the rules, that would warrant the tolling 
of construction time, i.e., other circumstances in which a permittee is prevented from completing construction within 
the time specified on its original construction permit for reasons beyond its control such that the permittee would be 
entitled to tolling of the construction time under 47 U.S.C.  319(b).  In these very limited circumstances, the 
Commission noted that it would entertain requests for waiver of its strict tolling provisions.  See 1998 Biennial 
Regulatory Review  Streamlining of Mass Media Applications, Rules, and Processes, MM Docket No. 98-43, 
Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, MM Docket No. 94-149, , 
14 FCC Rcd 17525, 17541,  42 (1999) (Streamlining MO&O).
253 See revised rule 47 C.F.R.  73.3598(b) in Appendix B, infra.
254 See 47 U.S.C.  312.
Federal Communications Commission FCC 07-228
48
forfeitures,255 loss of interference protection to unserved DTV service area,256 or other remedial 
measures, such as admonishment and the imposition of periodic reporting requirements.257 We 
also remind licensees that if a broadcasting station fails to transmit broadcast signals for any 
consecutive 12-month period, then the station license granted for the operation of that broadcast 
station expires at the end of that period, notwithstanding any provision, term, or condition of the 
license to the contrary.258
86. We find that these sanctions continue to be the appropriate methods to encourage 
stations to meet their DTV construction deadlines and to ensure that all stations are constructed 
and operating with their full, authorized post-transition DTV facilities at the end of the DTV 
transition.  We note that approximately 100 stations have been placed in the DTV remedial 
program since its adoption in 2003.  All but one station completed construction and began 
operating their DTV facilities within six months of enrollment in the program, thus eliminating 
the need for further sanctions.  Therefore, with one slight modification, we find that continued 
use of the DTV construction remedial program will ensure that non-complying stations are able 
to quickly bring their stations into compliance with their DTV construction obligations.  
87. Currently, stations placed in the remedial program are initially admonished and are 
provided with a six-month period to complete construction of their DTV facilities in order to 
avoid further sanctions such as the imposition of forfeiture.259 As we are nearing the completion 
of the DTV transition, we find that it is appropriate to accelerate our remedial procedures and 
require stations to complete construction of their DTV facilities in a shorter period of time in 
order to avoid further sanctions.  Therefore, we modify the first stage in our remedial program 
and provide stations with three months to complete construction of their DTV facilities in order 
to avoid the imposition of further sanctions.  By requiring compliance in a three-month period, 
we seek to ensure that non-compliant stations will come into compliance with our DTV 
construction rule and be ready for the final DTV transition.
7. Phased Transition Provisions for Regulatory Relief
88. We adopt two provisions for a phased transition in an effort to offer broadcasters 
regulatory flexibility in meeting their post-transition construction deadlines without 
disappointing viewer expectations after the transition date.260 First, we will permit qualifying 
  
255 See 47 U.S.C.  503(b).
256 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18281,  4.
257 See Remedial Measures For Failure to Comply with Digital Television Construction Schedule, Report and Order, 
18 FCC Rcd 7174, 7176-7 (2003) (Remedial DTV R&O).
258 47 U.S.C.  312(g).  In addition, stations discontinuing operations must also be mindful of the Commissions 
rules.  See, e.g., 47 C.F.R.  73.1615 (operation during modification of facilities), 73.1690 (modification of 
transmission systems), 73.1740 (minimum operating schedule) and 73.1750 (discontinuance of operation).
259 See Remedial DTV R&O, 18 FCC Rcd at 7176-7.
260 As discussed above, stations whose post-transition channel is different from their pre-transition DTV channel 
must build their full, authorized post-transition (digital) facilities no later than February 17, 2009.  Stations whose 
post-transition channel is as the same their pre-transition DTV channel must build their full, authorized facilities no 
later than the expiration date of their current construction permit, which date was extended until November 18, 2007 
for stations whose applications for extensions of time to construct DTV facilities and/or use or lose waivers were 
addressed in either the Construction Deadline Extension Order, 22 FCC Rcd 9789 or Use or Lose Order, 22 FCC 
Rcd 9750.
Federal Communications Commission FCC 07-228
49
stations to temporarily remain on their pre-transition DTV channel; and, second, we will permit 
qualifying stations to build less than their full, authorized facilities by their construction 
deadline.  To qualify for these provisions, stations must meet a service requirement to minimize 
the loss of service after the transition date and also must not cause impermissible interference to 
other stations. Stations that are permitted to use one of the provisions for a phased transition, 
even though they will not serve at least the same population that receives their current analog TV 
and DTV service, must also comply with a viewer notification requirement (described below).  
Stations can seek relief under these provisions if they cannot satisfy the strict requirement for 
obtaining an extension of time to construct their full, authorized facilities.261 Because the service 
requirement protects consumers, we find that we can offer this relief, subject only to an 
engineering analysis (i.e., the population and interference criteria). 
89. We adopt these measures, which were discussed in the Third DTV Periodic Review 
NPRM,262 in response to the many comments by broadcasters advocating for regulatory 
flexibility to build less than their full, authorized facilities by their post-transition construction 
deadlines.263 As noted above, most commenters asked us to be as flexible as possible when 
establishing construction deadlines.264 These commenters noted that the February 17, 2009 
statutory deadline was only for the termination of analog service and not expressly for 
completion of stations final (i.e., full, authorized) digital facilities.  Accordingly, these 
commenters asked that stations be allowed to operate at less than full, authorized facilities for 
some specified time after the transition.265
90. Because qualification for the regulatory relief offered by these provisions will require 
stations to serve all or most of the same population that receives their current television (analog 
and digital) service, we find that these provisions strike the right balance of offering regulatory 
flexibility to broadcasters while not undermining viewers over-the-air reception expectations 
after the transition date.  266MSTV/NAB proposed that stations only be required to provide digital 
service to their communities of license as of the February 17, 2009 transition date, and that they 
should be allowed to operate at less than full, authorized facilities for one year after the transition 
  
261 See Section V.B.5., supra.
262 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9514-16,  89-90.
263 See, e.g., Allbritton Comments at 3; APTS/PBS Comments at 16-18; Bahakel Comments at 4; Central Michigan 
University Comments at 6; Disney Comments at 5-6; Hawaii PTV Foundation Comments at 5; MSTV/NAB 
Comments at 22-26; Nebraska PTV Licensees Comments at 4; PBNP Comments at 5; Quincy Comments at 5; 
Rocky Mountain Comments at 8; Scripps-Howard Broadcasting Comments at 3-4; Sistema Universitario Ana G. 
Mendez, Inc. Comments at 6; South Carolina Educational Television Commission Comments at 1; St Louis PTV 
Comments at 4; University of Michigan Comments at 3.
264 See, Section V.B.5., supra (discussing post-transition construction deadlines).
265 See, e.g., AFCCE Comments at 4-6; Allbritton Comments at 8-9; APTS/PBS Comments at 11-12;Hubbard 
Comments at 6; Montecito of Wichita Comments at 1-2; MSTV/NAB Comments at 24; Sky Comments at 6; 
Tribune Comments at 13; University of Alaska Comments at 2-3; United Comments at 6; University of Houston 
Comments at 4; Univision Comments at 22; West Virginia Media Holdings Comments at 5; WQED Reply at 2.
266 The noise limited service contour for DTV stations covers an area that is larger than the station's community of 
license.  Thus, a significant number of a station's viewers may reside outside of the station's community of license 
and outside the community of license coverage contour, but within its noise limited service area.  See 47 C.F.R. 
73.622(e) for the definition of the DTV service areas and 47 C.F.R. 73.625(a) for the community of license coverage 
requirement.
Federal Communications Commission FCC 07-228
50
date.267 MSTV/NAB would rely on broadcasters market incentive to maximize their digital 
service to viewers.268 We disagree, however, that a coverage requirement limited to stations 
communities of license would satisfy consumer expectations after the transition date.  Instead, 
we limit these special measures for regulatory relief to stations that can serve all or most of their 
existing viewers.  Stations that cannot build post-transition facilities that serve their existing 
viewers must obtain Commission approval for an extension of time to complete their facilities.269  
We reject MSTV/NABs argument that this service requirement is too restrictive in light of 
equipment shortages and other technical issues and that a community of license coverage 
requirement would be sufficient.270 We take seriously the goal of ensuring that consumers who 
have prepared for the transition by obtaining the necessary DTV receiver equipment are able to, 
at a minimum, continue to watch their current television programming after the transition date.  
To that end, we have taken steps to require, wherever possible, that stations complete their final, 
post-transition facilities by the transition date.  We recognize, however, that in some situations it 
may be preferable for some viewers to lose television service for a limited time after the 
transition date if that would prevent many viewers from losing analog TV service for a 
significant time before the transition date.
91. Viewer Notification.  We will require stations that will not be serving at least the 
same population that receives their current analog TV and DTV service on February 18, 2009 to 
notify viewers on their analog channel about the stations planned delay in construction and 
operation of post-transition (DTV) service.271 Therefore, stations seeking STA approval to use 
one of the provisions for a phased transition must notify viewers on their analog channel about 
their post-transition service limitations.  Such notifications must occur every day on-air at least 
four times a day including at least once in primetime for the 30 days prior to the stations 
termination of full, authorized analog service.  These notifications must include:  (1) the stations 
call sign and community of license; (2) the fact that the station must delay the construction and 
operation of its post-transition (DTV) service; (3) information about the nature, scope, and 
anticipated duration of the stations post-transition service limitations; (4) what viewers can do to 
continue to receive the station, i.e., how and when the stations digital signal can be received;272
and (5) the street address, email address (if available), and phone number of the station where 
viewers may register comments or request information.  We note that these viewer notifications 
are in addition to, and separate from, any notification requirements that we may adopt pursuant 
to our DTV Consumer Education Initiative.273
  
267 MSTV/NAB Comments at 24.
268 Id.
269 See Sections V.B.5. (discussing extensions of time to construct final DTV facilities).
270 MSTV/NAB Comments at 24.
271 See note 240.
272 Alternatively, the notification could describe how to get service from another station affiliated with the same 
network and serving the same lost area. 
273 See DTV Consumer Education Initiative, supra note 84.
Federal Communications Commission FCC 07-228
51
a. Temporary Use of In-core Pre-Transition DTV Channels
92. To provide flexibility to the post-transition construction deadlines established 
above,274 we adopt our proposal in the Third DTV Periodic Review NPRM275 to allow stations 
that are moving to a different DTV channel for post-transition operations to temporarily remain 
on their pre-transition DTV channel while they complete construction of their final digital 
facilities, provided:
(1) They serve at least the same population that receives their current analog TV and 
DTV service so that over-the-air viewers will not lose TV service;276
(2) They do not cause impermissible interference to other stations or prevent other 
stations from making their transition.  We adopt our tentative conclusion277 that 
the 0.5 percent interference standard established for post-transition operations (in 
section V.F., below) would apply because such operations would occur after the 
transition deadline.278
The record clearly supports adoption of the temporary use of in-core pre-transition channels.279  
We agree with commenters that some stations that are returning to their analog channel or 
moving to a new channel for post-transition operations may be able to temporarily remain on 
their in-core pre-transition DTV channel and provide adequate service after the transition date 
without causing impermissible interference to other stations or preventing other stations from 
making their transition.  Moreover, we expect that this provision for regulatory relief will 
advance the transition by freeing scarce transition resources for those stations that cannot utilize 
the opportunities afforded for a phased transition.
93. Stations authority to operate on a pre-transition channel, including their digital 
channel, ends on February 17, 2009.280 Therefore, stations must request STA approval for 
  
274 See Section V.B.5., supra.
275 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9515,  90.
276 As noted supra in note 240, we recognize that after the transition there will be some changes in population served 
based on the service area authorized for post-transition operation consistent with the stations application, channel 
election, or other modifications, such as change of antenna site.  To qualify for this flexibility, the station is not 
required to continue serving population that it will not be required to serve with its authorized facility after the 
transition.  Stations must ensure that viewers within the stations authorized service area who have television 
equipment with a digital receiver, including those who obtain a digital-to-analog converter box through the NTIA 
program, will be capable of receiving DTV signals over-the-air post-transition.  Stations that cannot satisfy this 
presumption, may still request Commission approval on a case-by-case basis for continued interim operations upon 
demonstration that they would provide digital service to a greater population than would their incomplete post-
transition facility.  These stations, however, must obtain Commission approval under the stricter standard for an 
extension of time to construct their post-transition facilities.
277 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9515,  90. 
278 We also agree with MSTV/NAB that the 0.5 percent interference standard would apply when evaluating two 
interim stations that temporarily continue to operate on their pre-transition DTV channels after the transition date.  
MSTV/NAB Comments at 23, n.45. 
279 See, e.g. Sky Comments at 4; Tribune Comments at 13-17; Twin Cities Comments at 9-10; 
280 The post-transition DTV Table, which was adopted in the Seventh Report and Order, became effective October 
26, 2007.  See Seventh Report and Order, 72 FR 54720 (Sept. 26, 2007), 22 FCC Rcd 15581 at apps. A and B.  See 
also 47 C.F.R.  73.622(i).  The current DTV Table, which is contained in 47 C.F.R.  73.622(b), will become 
obsolete at the end of all authorized pre-transition DTV operations.  The current NTSC Table, which is contained in 
(continued.)
Federal Communications Commission FCC 07-228
52
authority to remain on their pre-transition channel in accordance with our existing filing 
procedures.281 Stations must apply for such approval no later than August 17, 2008 so that their 
request can receive the appropriate engineering analysis.  Stations that remain on their pre-
transition digital channel may not apply for expanded post-transition facilities, until they 
complete construction and commence operation on their post-transition channels.  Stations 
approved for this relief may remain on their pre-transition digital channel for no longer than one 
year after the transition date and will receive an extension of time to construct their full, 
authorized post-transition facilities for the time that they remain on their pre-transition digital 
channel.  Accordingly, these stations must begin operations on their full, authorized final, post-
transition (digital) channels no later than February 18, 2010.282 We find that this relief offered to 
in-core stations is consistent with the statutory transition deadline for full power stations to end 
analog service and to broadcast only on in-core channels.283
b. Alternative Buildout to Maintain Existing Service
94. As an additional approach to provide flexibility to the post-transition construction 
deadlines established above, we will consider stations requests for STA to operate their post-
transition facilities on post-transition channels at less than their full, authorized facilities (as 
defined by the DTV Table Appendix B).  We will authorize STAs for this purpose, provided 
stations can demonstrate: 
(1) A unique technical challenge (as defined in Section V.B.5., above)284 and they 
can serve at least 85 percent of the same population that receives their current 
analog TV and DTV service;285 or
(2) A significant technical impediment to the construction of their full, authorized 
facilities that would not otherwise qualify for an extension of time to construct 
facilities under the new, stricter standard adopted herein and they serve at 
(Continued from previous page)    
47 C.F.R.  73.606(b), will become obsolete at the end of the transition, when all full-power analog operations must 
cease. 
281 Requests for STA, pursuant to section 73.1635 of the rules, 47 C.F.R.  73.1635, may be submitted by informal 
letter or email.  Stations may file requests electronically through CDBS or send an email to dtvrequests@fcc.gov.
282 This one year period is consistent with MSTV/NABs request for a one-year digital ramp-up period.  
MSTV/NAB Comments at 22.
283 See 47 U.S.C.  309(j)(14).  Because the statute prohibits full-power stations from remaining on out-of-core 
channels after the transition deadline, this flexibility cannot apply to DTV stations operating out-of-core (i.e., TV 
channels 52-69). Id.
284 See Section V.B.3., supra. For example, stations with side-mounted antenna-related issues, particularly those 
with towers in northern climates or at higher altitudes, face unique technical challenges that would warrant this 
relief.  See, e.g., Allbritton Comments at 3-4; Broadcast Company of Sarasota Comments at 4-5; Bahakel Comments 
at 3; Tribune Comments at 16-20; Montecito of Wichita Comments at 2; Quincy Comments at 3-4 (discussing the 
side-mount problem of station WXOW).  In addition, stations returning to their analog channels and that intend to 
retune their existing analog equipment may also face unique technical challenges that would warrant this relief.  See, 
e.g., Quincy Comments at 4-5.
285 As noted supra in note 240, population should be calculated on the basis of the population the station is 
authorized to serve both before and after the transition.  Population not previously served and population that will no 
longer be served by the stations authorized post-transition facility should not be counted towards the 85 percent.
Federal Communications Commission FCC 07-228
53
least 100 percent of the same population that receives their current analog TV 
and DTV service so that over-the-air viewers will not lose TV service.286
Furthermore, in either case, stations must also demonstrate that the STA facility they request will 
not cause impermissible interference, i.e., more than 0.5 percent new interference, to other 
stations or prevent other stations from making their transition.  Finally, stations that cannot serve 
at least 100 percent of the same population that receives their current analog TV and DTV 
service must comply with a viewer notification requirement (described above).287
95. We sought comment on this issue in the Third DTV Periodic Review NPRM288 and we 
adopt this approach in response to the many comments advocating for such relief.289 We 
differentiate stations that have a significant technical impediment to construction of their full, 
authorized post transition facility but that can, nevertheless, continue to serve all of their current 
viewers.  In these circumstances, because viewers will not lose service after the transition, we 
will grant STAs for six months even though the station would not otherwise qualify for an 
extension of time to construct facilities under the new, stricter standard adopted herein.290  
However, commenters have demonstrated that for some stations facing the type of unique 
technical challenge defined in Section V.B.5., above, service to all current viewers may not be 
possible.  For example, stations with a side-mounted digital antenna that can demonstrate that 
because of weather or another valid reason they would have to reduce or terminate their analog 
service well before the transition date (e.g., Summer 2008) in order to complete construction of 
their final, post-transition facility may qualify for this post-transition relief for up to six months.  
While it is critical that we minimize the loss of television service after the transition date as 
much as possible, we recognize that, in such a special situation, it may be preferable to accept a 
limited loss of DTV service for a limited time after the transition date to prevent a significant 
loss of analog service many months before the transition date.  Stations must demonstrate both 
the need for this flexibility and for the timing that they request.  For example, a station could 
show that the weather where its tower is located generally remains dangerously cold through 
May.
96. Stations must request STA approval for this relief in accordance with our existing 
filing procedures.291 We recognize, however, that stations will need a decision on such requests 
in time to make alternate transition plans should their request be denied.  Therefore, stations 
should apply for this relief well in advance of the transition date, perhaps as early as Spring 
  
286 As noted supra in note 276, stations must ensure that consumers served pre-transition that obtain a D-to-A 
converter box through the NTIA program or who otherwise purchase DTV receiver equipment will be capable of 
receiving off-the-air DTV signals post-transition. 
287 See supra  91.
288 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9514-15,  89. 
289 See, e.g., AFCCE Comments at 4-6; Allbritton Comments at 8-9; APTS/PBS Comments at 11-12; Hubbard 
Comments at 6; Montecito of Wichita Comments at 1-2; MSTV/NAB Comments at 24; Sky Comments at 6; 
Tribune Comments at 13; University of Alaska Comments at 2-3; United Comments at 6; University of Houston 
Comments at 4; Univision Comments at 22; West Virginia Media Holdings Comments at 5; WQED Reply at 2.
290 See revised rule 47 C.F.R.  73.624 by adding paragraphs (d)(1)(v)-(vii) in Appendix B, infra.
291 Requests for STA, pursuant to section 73.1635 of the rules, 47 C.F.R.  73.1635, may be submitted by informal 
letter or email.  Stations may file requests electronically through CDBS or email courtesy copies of their STA 
requests to dtvrequests@fcc.gov.  
Federal Communications Commission FCC 07-228
54
2008, to allow sufficient time for Commission review and action.  Stations must construct such 
intermediate facilities that would meet the service requirement by the transition date.  Stations 
approved for this relief may remain at such intermediate facilities for no longer than six months 
after the transition date and will receive an extension of time to construct their full, authorized 
post-transition facilities for this period of time.  Accordingly, these stations must begin 
operations on their full, authorized, final, post-transition (digital) channels no later than August 
18, 2009.  Stations that seek relief under this provision may only apply for expanded post-
transition facilities if they will complete construction and commence operation on those facilities 
no later than August 18, 2009.  In addition to this relief afforded stations that can serve at least 
85 percent of their viewers, we will consider on a case-by-case basis affording stations STA 
approval for some relief even if they cannot meet the 85 percent service requirement, provided 
they demonstrate that their circumstances warrant this additional flexibility.  Such stations, 
however, would be allowed to remain at such intermediate facilities for no longer than necessary, 
which we expect in most cases would be no more than three to four months after the transition 
date.
97. Special Relief for NCE and Small Market Stations.  To provide additional regulatory 
relief for noncommercial educational (NCE) and Small Market Stations (i.e., stations which 
are not a top-four network in markets 1-100),292 we will consider on case-by-case basis allowing 
these stations a reduced service requirement if their circumstances warrant this additional 
flexibility.  We have provided these stations more flexibility throughout the transition.  For 
example, they received a later use-or-lose deadline in the Second DTV Periodic Report and 
Order and we noted in the Fifth Report and Order the unique financial difficulties faced by NCE 
stations and reiterated our view that these stations will need, and warrant, special relief to assist 
them in the transition to DTV.293 NCE stations and small broadcasters urged the Commission to 
be sensitive to the problems of stations serving small markets, especially in light of our proposal 
to impose stricter financial hardship criteria for construction deadline extensions.294
C. Service Disruptions Necessitated by Construction of Post-Transition 
Facilities
98. In this section we provide stations with the flexibility to reduce or terminate existing 
analog or pre-transition digital service prior to the February 17, 2009 transition date where 
necessary to permit stations to finalize construction of their post-transition facilities.  
Commenters discussed a wide range of possible circumstances in which stations may need to 
reduce or terminate such existing service either temporarily or permanently in order to complete 
construction of final DTV facilities.  For example, some stations may need to remove a top-
mounted analog antenna on a tower in order to replace it with a permanent digital antenna at the 
top position.295 In other cases, a new antenna may need to be added to an existing tower, or an 
  
292 By small market stations we mean stations that are not affiliated with a top-four network (i.e., ABC, CBS, Fox 
and NBC) in markets 1-100.  We have previously recognized that such stations may warrant additional flexibility in 
meeting their construction deadlines.  See Second DTV Periodic Report and Order, 19 FCC Rcd at 18311-18319,  
80-87.
293 Fifth Report and Order, 12 FCC at 12852,  104.
294 CFB Comments at 3; Sunbelt Comments at 2; Agape Comments at 1; Thunder Bay Comments at 1.
295 See, e.g., MSTV/NAB Comments at 8; Disney Comments at 2-3.
Federal Communications Commission FCC 07-228
55
existing analog antenna may need to be altered for digital use.296 Some towers may be able to 
support the weight of additional antennas, while others may need to be strengthened before 
another antenna is installed or an existing antenna may have to be removed to make room for a 
new antenna.  Some stations may be the only occupants of the tower on which the antenna is 
located, while other stations may share the tower with other television and radio stations and will 
need to coordinate tower work with these other stations.  In some cases, stations may need to 
reduce service to allow construction to proceed, while in other cases service may need to be 
halted altogether for some period of time.297 Some of the service disruptions required to permit 
construction of final DTV facilities may be only temporary, while in other cases stations may 
need or prefer to cease analog or pre-transition digital service permanently for the remainder of 
the transition in order to finalize their post-transition facilities.  
99. In general, commenters argued that, at this stage in the transition, the Commission 
should provide the maximum possible flexibility to stations to permit them to finalize 
construction of their post-transition facilities in a manner that best suits the stations particular 
circumstances.  Our goal in this section is to provide stations with this flexibility, while still 
ensuring that viewers are not deprived of existing service except where necessary or clearly 
beneficial to permit the maximum number of stations to accomplish the transition by February 
17, 2009.  We discuss below four kinds of service disruptions that may take place to facilitate 
construction of final DTV facilities:
(1) Temporary service disruptions (generally no more than 30 days);
(2) Permanent or extended (i.e., more than 30 days) service reduction or termination of 
analog service before the transition date; 
(3) Permanent or extended (i.e., more than 30 days) service reduction or termination of 
pre-transition digital service before the transition date; and
(4) Permanent service reduction or termination of analog or pre-transition digital service 
90 days before the transition date.
1. Temporary Service Disruptions 
100. Under Section 73.1615 of the Commissions rules,298 stations may reduce or cease 
service temporarily without prior Commission approval in order to modify existing facilities.  
We clarify that stations may use this existing provision to temporarily reduce or cease existing 
analog or pre-transition digital service where necessary to facilitate construction of final post-
transition facilities.  Because this provision does not require prior Commission authorization, and 
does not require licensees to justify the need for the service disruption, this provision gives 
stations substantial flexibility to temporarily reduce or cease analog or digital service pre-
transition.
101. Section 73.1615 provides that, where the licensee of an existing television station 
is in the process of modifying facilities as authorized by a construction permit, the licensee may 
discontinue operation or operate with temporary facilities, upon notification to the Commission, 
  
296 See, e.g., Disney Comments at 3.
297 See, e.g., Capitol Comments passim; APTS/PBS Comments at 17.
298 See 47 C.F.R.  73.1615(a) and (c).
Federal Communications Commission FCC 07-228
56
for a period of 30 days, in order to continue to provide program service.299 Where the station 
operates temporary facilities, including reduced facilities, such facilities should maintain as 
nearly as possible, but not exceed, the size of the presently licensed coverage area.300
102. Stations must notify the Commission before commencing the temporary reduction 
or cessation of service, but do not need prior Commission approval.301 We will require that such 
notifications pursuant to Section 73.1615, when made for purposes of facilitating the conversion 
to DTV, be filed electronically through the CDBS302 and using the Informal Application filing 
form.303  The notifications should indicate clearly that they are being filed pursuant to Section 
73.1615, and should indicate whether the request is to temporarily reduce or cease analog or 
digital service.
103. The flexibility accorded by Section 73.1615 is intended for service disruptions of 
30 days or less.  Some stations may use this provision to reduce or cease their analog or pre-
transition digital service for 30 days or less, and then return to full service on the pre-transition 
  
299  See 47 C.F.R.  73.1615(a) and (c):
When the licensee of an existing AM, FM, TV or Class A TV station is in the process of modifying 
existing facilities as authorized by a construction permit and determines it is necessary to either discontinue 
operation or to operate with temporary facilities to continue program service, the following procedures 
apply: 
(a) Licensees holding a construction permit for modification of directional or nondirectional FM, TV or 
Class A TV or nondirectional AM station facilities may, without specific FCC authority, for a period not 
exceeding 30 days: 
(1) Discontinue operation, or
(2) Operate with temporary facilities to maintain, as nearly as possible, but not exceed, the size of the 
presently licensed coverage area. 
* * * 
(c) Such operation or discontinuance of operation in accordance with the provisions of paragraph (a) or (b) 
of this section may begin upon notification to the FCC in Washington, DC. 
(1) Should it be necessary to continue the procedures in either paragraph (a) or (b) of this section beyond 30 
days, an informal letter request signed by the licensee or the licensee's representative must be sent to the 
FCC in Washington, D.C. prior to the 30th day. 
(2) The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-
month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or 
condition of the license or construction permit to the contrary.
We note that, although the rule refers to licensees, permittees may also use the flexibility offered under this rule to 
temporarily reduce or cease television broadcast operation. 
300 See 47 C.F.R.  73.1615 (a)(2).
301 See 47 C.F.R.  73.1615(a), (c).
302 All temporary service disruption notifications pursuant to Sections 73.1615 must be filed electronically using the 
Informal Filings Menu of CDBS.  For more information on Informal Filings in CDBS, please refer to this web page:  
http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.  To speed processing, stations should also email a 
courtesy copy of their temporary service disruption notifications to dtvnotifications@fcc.gov.
303 This is the form traditionally used for requests for Special Temporary Operating Authority.  We emphasize that 
this form, when used in connection with service disruptions related to the DTV transition, must be filed 
electronically.  Paper copies will not be accepted.  There will be no fee for filing this form.
Federal Communications Commission FCC 07-228
57
channel for the remainder of the transition.  Other stations may choose to permanently reduce or 
cease pre-transition service in the 30 days immediately preceding the transition date, in order to 
accomplish the transition, and then commence operation on the post-transition channel on the 
transition date.  In both cases, the stations may use the flexibility provided by Section 73.1615; 
however, for stations in the latter situation (i.e., those permanently reducing or ceasing service in 
the 30 days immediately preceding the transition date) we will require that they comply with a 
viewer notification requirement (described below).304 Stations that seek to permanently 
discontinue operation or permanently operate with reduced facilities more than 30 days before 
the transition date may not use Section 73.1615, but should instead apply under the procedures 
outlined below for permanent pre-transition analog or digital service reductions or terminations.  
In addition, stations that anticipate at the outset that the service reduction or termination will 
extend for more than 30 days should use the procedures outlined below for permanent service 
reductions and terminations.  
104. Where a licensee has filed a notification pursuant to Section 73.1615 and, 
subsequently, determines that the reduction or termination of service must continue for a short 
period beyond 30 days, the licensee may make an additional informal letter request to the 
Commission prior to the 30th day.305 This second notification filed pursuant to Section 73.1615 
must be filed in the same manner as the initial temporary service disruption notification306 and 
must explain why the service disruption should not be considered to be a long term or permanent 
service disruption requiring prior Commission approval.307
105. Once an informal letter request is made pursuant to Section 73.1615(c)(1), the 
licensee may then continue the service reduction or termination until notified otherwise by the 
Commission.  In general, we anticipate that stations will use Section 73.1615(c)(1) to extend a 
temporary service reduction or cessation under Section 73.1615 only when unexpected 
circumstances require a somewhat longer service disruption than initially anticipated.  Stations 
will not be permitted to utilize the procedures set forth in Section 73.1615 for service reductions 
or cessations that extend for a lengthy period beyond 30 days.  If the service disruption continues 
substantially beyond 30 days, we may require the station to reapply under the procedures 
outlined below for permanent analog or digital service reduction or termination.308
106. Viewer Notification.  We will require that stations filing a notification pursuant to 
Section 73.1615 to permanently discontinue operation or permanently operate with reduced 
facilities within 30 days of the transition date must notify their viewers on their pre-transition 
  
304 See, infra,  106.
305 47 C.F.R.  73.1615(c)(1).
306 See infra  106 and see also supra note 302.
307 See discussion of long term (significantly more than 30 days) or permanent analog TV or DTV service reduction 
or termination in Section V.C.2-3., infra.
308 We note that Section 73.1740(a)(4) of the rules (47 C.F.R.  73.1740(c)(4)) provides flexibility to commercial 
broadcast television stations when, due to causes beyond the control of a licensee, the licensee cannot adhere to the 
stations operating schedule.  This provision applies to service disruptions beyond the control of the licensee, while  
Section 73.1615 involves planned engineering modifications requiring disruption of service.  Stations reconfiguring 
their analog and DTV equipment that encounter an unexpected equipment failure or some other unanticipated 
problem that temporarily forces them to discontinue operations may do so without prior authority pursuant to 
Section 73.1740.  Stations are required to notify the Commission not later than the 10th day of limited or 
discontinued operations.  47 C.F.R.  73.1740(a)(4).
Federal Communications Commission FCC 07-228
58
channel(s) (both analog and digital) about the planned permanent service reduction or 
termination and inform them about how they can continue to receive the station.  Such 
notifications must occur every day on-air at least four times a day including at least once in 
primetime for the 30 days prior to the planned permanent service reduction or termination.309  
These notifications must include:  (1) the stations call sign and community of license; (2) the 
fact that the station is planning to or has reduced or terminated its analog or digital operations 
before the transition date; (3) the date of the planned reduction or termination; (4) what viewers 
can do to continue to receive the station, i.e., how and when the stations digital signal can be 
received;310 (5) information about the availability of digital- to-analog converter boxes in their 
service area; and (6) the street address, email address (if available), and phone number of the 
station where viewers may register comments or request information.  We note that these viewer 
notifications are in addition to, and separate from, any notification requirements that we may 
adopt pursuant to our DTV Consumer Education Initiative.311
2. Analog Service Reduction and Termination
107. For stations needing long term or permanent reduction or termination 
(significantly more than 30 days), we adopt streamlined procedures to provide stations with the 
flexibility to permanently reduce or terminate their analog service before the transition date if 
necessary to achieve their transition.312 Specifically, we will permit a station to reduce or 
terminate its analog service before the transition date, provided the station satisfies the following 
two requirements:  
(1) The station demonstrates that its analog service reduction or termination is directly 
related to the construction and operation of its, or another stations, post-transition 
facilities; and 
(2) The station notifies viewers on its analog channel about the planned service reduction 
or termination and informs them about how they can continue to receive the station, 
as detailed below.  
Stations must obtain prior Commission approval in order to reduce or terminate their analog 
service before the transition date.  To allow the Media Bureau sufficient time to process these 
requests, and to afford viewers adequate time to obtain digital reception equipment, stations 
should file these requests for STA approval at least 90 days in advance of their planned service 
reduction or termination.  Stations must file these requests electronically through the CDBS 
using the Informal Application filing form.313
108. In light of the fast-approaching hard date for analog turn-off, the significant 
public interest in ensuring that stations meet the transition deadline now weighs in favor of 
  
309 Stations that will not be serving at least the same population that receives their current analog TV and DTV 
service on February 18, 2009 are also required to notify viewers about the nature, scope, and anticipated duration of 
the stations post-transition service limitations.  See, supra, Sections V.B.5. ( 80) and V.B.7. ( 91). 
310 Alternatively, the notification could describe how to get service from another station affiliated with the same 
network and serving the same lost area. 
311 See DTV Consumer Education Initiative, supra, note 84.
312 We will consider a reduction or termination of analog service to be permanent if the station seeks to 
discontinue operation on that channel for more than 30 days.  See, supra,  99.
313 See  117 and note 335, infra.
Federal Communications Commission FCC 07-228
59
permitting early reduction or termination of  analog service where necessary to facilitate the 
transition.  The procedures we adopt herein will provide stations with clear guidelines for how 
and when they may reduce and/or terminate their analog service early.  At the same time, these 
procedures will ensure that viewers are informed about when they may lose analog service and 
what they can do to continue to view the station.
109. The record strongly favors affording stations the flexibility to permanently reduce 
and/or terminate their analog service before the statutory deadline if the stations technical 
facilities and the conditions in its market warrant such reduction or termination to complete their 
transition.314 We agree with commenters that, at this point in the DTV transition, some stations 
must be allowed to wind-down their analog service in order to meet the transition deadline.315  
To be clear, we note that we are not requiring stations to reduce or terminate analog service early 
and expect that stations will not do so unless absolutely necessary to complete their transition.  
110. Background.  The Commissions rules require stations to continue operating their 
existing licensed analog facilities until the statutory analog turn-off date.316 Moreover, the 
Commission generally has not favored reductions in television service.317 The Commission, 
however, has recognized that losses in service may be justified to facilitate a stations transition 
to DTV.318 For example, the Commission permits the early return of out-of-core (i.e., TV 
channels 52-69) analog channels under certain circumstances in order to facilitate the DTV 
transition.319 In the Third DTV Periodic Review NPRM, the Commission recognized that stations 
  
314 See, e.g., MSTV/NAB Comments at 14-17; Broadcast Company of Sarasota Comments at 3; Bakahel Comments 
at 3; Montecito of Wichita Comments at 2; Tribune Comments at 24; Quincy Comments at 2; Granite Comments at 
3; Harris Comments at 4; Greater Dayton Comments at 7; Hawaii PTV Foundation Comments at 6; Disney 
Comments at 2; APTS/PBS Comments at 16.
315 See MSTV/NAB Comments at 14-17; Tribune Comments at 24; Quincy Comments at 2; Granite Comments at 3; 
Harris Comments at 4; Greater Dayton Comments at 7; Hawaii PTV Foundation Comments at 6; Disney Comments 
at 2; APTS/PBS Comments at 16; See also Third DTV Periodic Review NPRM at 9495,  37.
316 47 U.S.C.  312; See also 47 C.F.R.  73.1615, 73.1690, 73.1740, 73.1745 and 73.1750.  Moreover, the public 
has a legitimate expectation that existing broadcast services will be maintained.  See Revision of Procedures 
Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast 
Services, Report and Order, 21 FCC Rcd 14212, 14230  34 (2006); See also 47 U.S.C.  307(b).
317 Proposals that would result in a loss in television service have been considered to be prima facie inconsistent 
with the public interest, and must be supported by a strong showing of countervailing public interest benefits.  See
West Michigan Telecasters, Inc., 22 FCC 2d 943 (1970), recon. denied, 26 FCC 2d 668 (1970), affd, West 
Michigan Telecasters, Inc. v. FCC, 460 F. 2d 883, 889 (D.C. Cir. 1972) (finding that losses in service are prima 
facie inconsistent with the public interest); Triangle Publications, Inc., 37 FCC 307, 313 (1964) (finding that once 
in operation, a station assumes an obligation to maintain service to its viewing audience and the withdrawal or 
downgrading of existing service is justifiable only if offsetting facts are shown which establish that the public 
generally will be benefited); Television Corporation of Michigan v. FCC, 294 F.2d 730 (1961) (finding that 
deprivation of service to any group was undesirable, and can be justified only by offsetting factors); and Hall v. 
FCC, 237 F.2d 567 (D.C. Cir. 1956) (finding that a curtailment of service is not in the public interest unless 
outweighed by other factors). 
318 The Commission has placed a very high priority on accelerating the television industrys transition to DTV.  See, 
e.g., Fifth Report and Order, 12 FCC Rcd at 12842-45 (1997).  See also Applications of KRCA License Corp., 
KSLS, Inc., Golden Orange Broadcasting Co. Inc., 15 FCC Rcd 1794 (1999) (allowing stations to collocate their 
NTSC and DTV facilities as a means to speed DTV conversion).
319 The Commission established its policies on voluntary band-clearing for TV Channels 59-69 in a series of orders.  
The Commission initially stated that it would consider specific regulatory requests needed to implement voluntary 
agreements between incumbent broadcasters and new licensees to clear the Upper 700 MHz Band early, if 
(continued.)
Federal Communications Commission FCC 07-228
60
may have a legitimate need to reduce or terminate their analog operations (even on in-core 
channels) before the transition date because such operations may impede construction and 
operation of post-transition (digital) facilities.320 We stated in the Third DTV Periodic Review 
NPRM that such circumstances may include (but are not limited to): (1) stations that need to 
reposition their digital and analog antennas before the end of the transition; (2) stations that need 
to add a third antenna to their tower but cannot do so without reducing or terminating analog 
service because the tower cannot support the weight of the additional transmission facilities; and 
(3) stations that are terminating analog service early as part of a voluntary band-clearing 
arrangement.321 The Commission, therefore, proposed to provide stations with the flexibility to 
permanently reduce and/or terminate their analog service if they satisfied certain criteria, i.e., a 
six-factor public interest test.322
111. Comments responding to the Third DTV Periodic Review NPRM discussed certain 
situations in which stations require the flexibility to reduce or terminate analog service early in 
(Continued from previous page)    
consistent with public interest.  See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 
27 of the Commissions Rules, WT Docket No. 99-168, First Report and Order, 15 FCC Rcd 476 (2000).  Next, the 
Commission established a rebuttable presumption favoring the grant of requests that would both result in certain 
specific benefits and avoid specific detriments.  See Memorandum Opinion and Order and Further Notice of 
Proposed Rulemaking, 15 FCC Rcd 20845, 20870-71  61 (2000).  These policies were further extended to three-
way band clearing arrangements, in which non-Channel 59-69 broadcasters were also potential parties.  See Service 
Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commissions Rules, WT Docket 
No. 99-168, Carriage of the Transmissions of Digital Broadcast Stations, CS Docket No. 98-120, Review of the 
Commissions Rules and Policies Affecting the Conversion to Digital Television, MM Docket No. 00-39, Third 
Report and Order, 16 FCC Rcd 2703, 2718  36 (2001).  Finally, the Commission provided certain additional 
flexibility to facilitate voluntary agreements for early clearing and granted a request for relief from two specific 
DTV-related requirements.  See Order on Reconsideration of the Third Report and Order, 16 FCC Rcd 21633 
(2001) (Third R&O Recon).  The Commission established its policies on voluntary band-clearing for TV 
Channels 52-58 in a 2001 Report and Order.  See Lower 700 MHz Report and Order, 17 FCC Rcd at 1095-96  184.  
See also Johnson Broadcasting of Dallas, Inc. (KLDT, Lake Dallas- Fort Worth, TX), 21 FCC Rcd 13459 (2006) 
(returning NTSC Channel 55); Associated Christian Television System (WACX, Leesburg, FL), 20 FCC Rcd 12425 
(MB 2005) (returning NTSC Channel 55); Puget Sound Educational TV (KWDK, Tacoma, WA), 20 FCC Rcd 
12423 (MB 2005) (returning NTSC Channel 56); WLNY-TV, Inc. (WLNY, Riverhead, NY), 20 FCC Rcd 14765 
(MB 2005) (returning NTSC Channel 55); WRNN TV Associates LP (WRNN, Kingston, NY), 19 FCC Rcd 12343 
(MB 2004) (returning NTSC Channel 62); Commonwealth Public Broadcasting Corp. (WNVT, Goldvein, VA), 18 
FCC Rcd 18517 (MB 2003) (returning NTSC Channel 53); and Lenfest Broadcasting, LLC (WWAC, Atlantic City, 
NJ), 17 FCC Rcd 19148 (MB 2002) (returning NTSC Channel 53). In each of these cases, the Commission granted 
authority to stations to (i) cease analog broadcasting on their NTSC channel and surrender their license for that 
channel prior to the end of the DTV transition period and (ii) thereafter operate as a single channel, digital-only 
television station.
320 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9493,  37. 
321 Id.
322 See id. at 9496,  44.  The Commission proposed to establish a presumption that any reduction in a stations 
analog television service would be in the public interest if six factors were met:  (1) the proposed reduction is 
directly related to the construction and operation of post-transition facilities and would ensure that the station or 
another station can meet the deadline; (2) the proposed reduction in analog service is less than five percent of either 
the stations service area or its population served; (3) the proposed reduction does not cause the loss of an areas 
only top-four network or NCE TV service; (4) the proposed reduction does not result in an unreasonable reduction 
in the number of services available in that area; (5) the broadcast station proposing the reduction is able to deliver its 
signal to cable and satellite providers so that the reduced analog signal does not prevent cable and satellite carriage; 
and (6) the broadcast station proposing the reduction commits to on-air consumer education about the stations 
transition and how to continue viewing the station.
Federal Communications Commission FCC 07-228
61
order to complete their transition.323 For example, there are 49 stations with a documented side-
mounted antenna problem.324 In order for the station to operate its top-mounted post-transition 
DTV facilities and accomplish its final transition, the station will have to relocate its analog 
antenna to another location on its tower and operate with reduced analog facilities.325 Other 
stations may have a tower at capacity preventing the installation of a third antenna on the tower.  
Therefore, the station will have to terminate its analog operations prior to the end of the 
transition in order to mount its post-transition DTV antenna.326 Some stations may be collocated 
on a shared tower and reduction or termination of analog operations may be necessary as the 
collocated stations coordinate the configuration of their final, post-transition facilities.327 Still 
other stations have equipment currently in use with their analog operations that they plan to use 
with their digital operations.  This will necessitate the termination of their analog facilities prior 
to the transition so that the equipment can be reconfigured for use in their final, post-transition 
facilities.  In addition, there may be other legitimate technical challenges, not anticipated at this 
time, which may warrant the flexibility of early analog service reduction or termination.  We are 
persuaded by these real-world station examples of the necessity to afford stations regulatory 
flexibility in those types of circumstances.
112. While most commenters support giving stations the flexibility to reduce or 
terminate analog service before the transition date, they favor a bright-line test and streamlined 
approval or notification process, instead of the proposed six-factor public interest analysis.328  
Commenters proposed a variety of different standards to permit flexible analog service reduction 
or termination.  In their joint comments, MSTV and NAB assert that stations should be allowed 
to reduce analog service starting one year prior to the transition date (i.e., February 17, 2008) and 
stations should be allowed to terminate analog service starting six months prior to the transition 
date (i.e., August 17, 2008), provided stations notify the Commission within 15 days.329  
Similarly, Tribune proposed allowing stations to reduce analog power temporarily by as much as 
50 percent in the year leading up to February 17, 2009.330 LeSEA agreed with Tribunes 
approach provided the station is not a network affiliate.331 Disney proposes that the Commission 
presume that short term, reduced power operations are in the public interest.  In other words, 
Disney urges the Commission to apply a rebuttable presumption to the request of any station 
  
323 See, e.g., Broadcast Company of Sarasota Comments at 4-5; Bakahel Comments at 3; Montecito of Wichita 
Comments at 2.  See also MSTV/NAB Comments at 8. 
324 See Section V.B.3., supra.
325 See, e.g., Montecito of Wichita Comments at 2. 
326 See, e.g., Broadcast Company of Sarasota Comments at 4-5.
327 See, e.g., Capitol Broadcasting Ex Parte at 1. 
328 See, e.g., Quincy Comments at 2; Granite Comments at 3; Harris Comments at 4; Greater Dayton Comments at 
7; Hawaii PTV Foundation Comments at 6.  These commenters agree that a bright-line rule will be in the public 
interest because it will be more efficient and will rely on marketplace forces to provide needed services.  Quincy 
Comments at 2; Granite Comments at 3; Harris Comments at 4; Greater Dayton Comments at 7; Disney Comments 
at 2; Christian Network Comments at 6.
329 MSTV/NAB Comments at 5.
330 Tribune Comments at 24. 
331 LeSEA Comments at 7. 
Federal Communications Commission FCC 07-228
62
returning to its analog channel whose proposed reduction/termination is directly related to the 
construction and operation of post-transition facilities and is necessary to ensure that the station 
can meet the transition deadline.332 Hoak and Granite suggest that the Commission employ two 
criteria: whether the termination/reduction (1) is directly related to the stations ability to 
complete construction of post-transition DTV facilities in a timely manner and (2) is as limited in 
nature and duration as reasonably necessary to accomplish the transition.333  
113. We are persuaded that our proposed six-factor test should be adjusted to provide 
additional flexibility at this stage in the transition.  However, we disagree with the suggestion of 
MSTV/NAB and Tribune that we should permit all stations to elect to terminate or reduce analog 
service early, starting on dates suggested by these commenters, without justification.  We find 
that stations should be granted broad flexibility to reduce or terminate analog service as needed 
to further a stations transition, but should not be granted blanket authority to reduce or terminate 
analog service without providing a legitimate reason why the action is necessary.  We have an 
important responsibility as guardians of the public interest to ensure that stations show a 
legitimate need for an early analog reduction or termination.  In addition, we must ensure that 
viewers are informed about any permanent loss of analog service.  Accordingly, as discussed 
more fully below, we steer a middle course by adopting a procedure that provides certainty to 
broadcasters regarding when pre-transition analog reduction and termination will be permitted.  
We find that our reduced showing requirement will reduce the administrative burden on stations 
and eliminate the delays that can occur with a more detailed approval process during this critical 
time in the DTV transition.334
114. Commission Approval Process.  Stations must obtain prior Commission approval 
in order to reduce or terminate their analog service before the transition date.  Stations must file 
requests for such approval as a request for STA through the CDBS using the Informal 
Application filing form,335 and must indicate whether the request is either a service reduction or 
termination.  Consistent with the handling of STA requests,336 stations will be notified of actions 
taken on their requests by Public Notice.337 We recognize that analog viewers must have 
adequate time to obtain digital equipment in advance of a stations early reduction or 
termination.  We also must allow sufficient time for Commission review before stations 
commence notification to viewers.  We believe that NTIA will process requests for coupons to 
subsidize the purchase of digital-to-analog converters in three weeks or less.  Accordingly, 
  
332 Disney Comments at 3-4.  Disney appears most concerned with relatively short term reductions and terminations 
(e.g. 30 days or less).  However, these short term actions fall under the category of temporary disruptions that, as 
noted above, are permitted under Section 73.1615 of our existing rules.  See Section V.C. 1., supra.
333 Hoak Comments at 3; Granite Comments at 4.
334 MSTV/NAB further argue that the Commission need not impose unnecessarily stringent levels of oversight.  
MSTV/NAB Comments at 4-5.
335 Like other requests for STA, these requests to permanently reduce or terminate analog TV service before the 
transition date must be filed electronically using the Informal Filings Menu of CDBS.  As requests are submitted, 
CDBS will automatically generate Public Notice of these filings.  For more information on Informal Filings in 
CDBS, please refer to this web page:  http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.  To speed 
processing, stations should also email courtesy copies of their STA requests to analogrequests@fcc.gov. 
336 See 47 C.F.R.  73.1635.  
337 As Bureau actions are recorded, CDBS will automatically generate Public Notice of the actions taken.
Federal Communications Commission FCC 07-228
63
stations must file requests for approval of analog reduction or termination at least 90 days in 
advance of their planned service reduction or termination to ensure that they can obtain timely 
Commission approval for their proposed actions.  As discussed below, viewer notification must
commence no fewer than 60 days prior to reduction or termination of the analog signal.  We 
caution stations that some requests may require additional processing time.  In these situations, 
we will work with the station involved to discuss the options available to that station. 
115. Showing Required.  We will permit stations to reduce or terminate their analog 
service before the transition date, provided:  (1) They demonstrate that the analog service 
reduction or termination is directly related to the construction and operation of post-transition 
facilities, by either the station itself or by another station, and would ensure that the station, or 
another station, can meet the transition deadline; and (2) They notify viewers of the upcoming 
analog service loss (as discussed in detail below).338 Stations may not be permitted to reduce or 
cease analog service, where, among other possible reasons, the provision of public health and 
safety information is seriously affected or there are other public interest considerations that 
require that a station provide analog service.  In addition, the showing should include all relevant 
information, including the station location, network affiliation if any, the circumstances requiring 
early reduction or termination of pre-transition digital service, and the number of viewers 
affected.  This information will enable us to properly consider the impact of the service reduction 
or termination on the stations viewers, including the number of current viewers that will lose 
digital service, satellite and cable penetration, and the number and kind (network, independent, 
etc.) of other digital channels available to affected viewers. 
116. The following are examples of situations where the service reduction or 
termination would be considered to be directly related to the construction and operation of 
post-transition facilities:  (1) Stations that need to reposition their digital and analog antennas 
before the end of the transition; (2) Stations that need to add a third antenna to their tower but
cannot do so without reducing or terminating analog service because the tower cannot support 
the weight of the additional transmission facilities; (3) Stations on a collocated tower that must 
coordinate a reduction or termination with other stations in order to configure their final, post-
transition facilities; (4) Stations with equipment currently in use with their analog operations that 
they plan to use with their digital operations; and (5) Stations that must terminate operation on 
their analog channel in order to permit another station to construct its post-transition DTV 
facilities on that channel.  We recognize, however, that there may be other legitimate situations 
where stations may be able to demonstrate that their planned service reduction or termination is 
directly related to the construction and operation of post-transition facilities and we will also 
consider these requests on a case-by-case basis. 
117. Viewer Notification.  With respect to the required notification to stations 
viewers, such notifications must occur every day on-air at least four times a day including at 
least once in primetime for the 60-day period prior to the planned service reduction or 
termination.339 These notifications must include:  (1) the stations call sign and community of 
license; (2) the fact that the station is planning to or has reduced or terminated its analog or 
digital operations before the transition date; (3) the date of the planned reduction or termination; 
  
338 See  117, infra.
339 Stations that will not be serving at least the same population that receives their current analog TV and DTV 
service on February 18, 2009 are also required to notify viewers about the nature, scope, and anticipated duration of 
the stations post-transition service limitations.  See supra Sections V.B.5. ( 80) and V.B.7. ( 91). 
Federal Communications Commission FCC 07-228
64
(4) what viewers can do to continue to receive the station, i.e., how and when the stations digital 
signal can be received;340 (5) information about the availability of digital- to-analog converter 
boxes in their service area; and (6) the street address, email address (if available), and phone 
number of the station where viewers may register comments or request information.  We note 
that these viewer notifications are in addition to, and separate from, any notification 
requirements that we may adopt pursuant to our DTV Consumer Education Initiative.341
3. Pre-Transition Digital Service Reduction and Termination
118. In addition to the temporary disruption rules and the long term or permanent 
analog reduction or termination, we will also provide stations that will be returning to their 
analog channel or moving to a new channel for post-transition operations with the flexibility to 
reduce or terminate existing digital service on their pre-transition DTV channels prior to the 
transition date.342 We are hopeful that the vast majority of stations currently providing digital 
service to the public on pre-transition DTV channels will continue to do so, until they convert to 
operations on their post-transition channel.  However, we recognize that, in some instances, these 
stations may have to reduce or terminate their pre-transition digital service in order to complete 
the stations post-transition facilities.  Thus, we provide flexibility to stations to reduce or 
terminate pre-transition digital service where a station can demonstrate that doing so is necessary 
to complete construction of, and commence operations on, its new post-transition channel.  As 
discussed above, a station whose pre-transition digital channel is unbuilt and/or non-operational 
may choose to return the construction permit for that channel to the Commission and focus its 
efforts on construction of its post-transition channel.343  
119. The following options are available for stations that need to reduce or cease 
operation on their pre-transition DTV channel prior to the transition date: 
(1) As explained above, a station may, pursuant to Section 73.1615,344 temporarily reduce 
or cease service a period of 30 days or less, upon notification to the Commission and 
without prior approval, when necessary to complete construction of its post-transition 
facility;345
(2) A station may choose to transition early to its post-transition channel by terminating 
operation on its pre-transition DTV channel and commencing service on its post-
transition channel prior to the transition date;346 or
(3) A station may permanently reduce or terminate their pre-transition digital service 
before the transition date, provided it satisfies the following two requirements:  
  
340 Alternatively, the notification could describe how to get service from another station affiliated with the same 
network and serving the same lost area. 
341 See DTV Consumer Education Initiative, supra note 84.
342 Stations that will be using their same digital channel for post-transition operations may not use the procedures 
outlined in this section.
343 See, supra,  45.
344 47 C.F.R.  73.1615(a) and (c).
345 See, supra, Section V.C.1.
346 See, infra, Section V.C.3.a.
Federal Communications Commission FCC 07-228
65
a. First, the station must demonstrate that its service reduction or termination 
is directly related to the construction and operation of its, or another 
stations, post-transition facilities; and 
b. Second, the station notifies viewers on its pre-transition channel(s) about 
the planned service reduction or termination and informs them about how 
they can continue to receive the station. 
120. In general, our goal is to ensure the continuation of digital service that is now 
being provided to viewers.  However, a substantial number of commenters responding to the 
Third DTV Periodic Review NPRM stated that the Commission should provide the maximum 
possible flexibility to stations to permit them to accomplish the transition in the manner that best 
suits the stations particular circumstances.347 We agree with MSTV/NAB that stations generally 
will be reluctant to terminate their new digital services at a time when they are trying to establish 
a digital audience,348 and, therefore, stations will only take advantage of this option where 
necessary to finalize post-transition facilities.349 While we are concerned about reducing digital 
service to the public pre-transition, we recognize that doing so may be the best, or only, possible 
approach to achieving a successful and timely transition. 
a. Termination of Digital Service on Pre-Transition Channel 
When Associated with Early Digital Operation on Post-
Transition Channel
121. We adopt our proposal in the Third DTV Periodic Review NPRM350 to allow 
stations that will use a different DTV channel for post-transition operations to cease operations 
on their pre-transition DTV channels and begin operating on their new channels before the 
transition date.  Specifically, a station will be permitted to transition early if the following 
requirements are met: 
(1) The early transitioning station must not cause impermissible interference to another 
station; and 
(2) The early transitioning station must continue to serve its existing viewers for the 
remainder of the transition and commence its full, authorized post-transition 
operations on February 18, 2009. 
The record supports the allowance of early post-transition operations, although (as previously 
discussed above351) some commenters oppose any accompanying restrictions on stations ability 
to reduce or terminate pre-transition television service.352 We agree that early transitions will 
  
347 See, e.g., Nebraska PTV Licensees Comments at 4; Quincy Comments at 1; Rocky Mountain Comments at 1.
348 See MSTV/NAB Comments at 19.  MSTV/NAB note that there may be situations where, due to tower weight 
issues or lack of space for a new transmitter, a station will have no option but to terminate its digital service in order 
to complete construction on its final digital channel.  Id.  
349 See MSTV/NAB Comments at 19.
350 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9514,  88. 
351 See  114, supra. (discussing commenters opposition to restrictions on analog service reduction and termination)  
This discussion focuses solely on a stations ability to use its post-transition channel before the transition date.
352 For example, MSTV/NAB and APTS/PBS argue that a station should be permitted to transition early subject 
only to interference concerns.  NAB/MSTV comments at 14-16; APTS/PBS Comments at 20-21.  For additional 
(continued.)
Federal Communications Commission FCC 07-228
66
advance and facilitate the transition by freeing engineering and construction resources for those 
stations building later.353 For example, MSTV/NAB states that early post-transition operations 
may advance the transition by setting in motion daisy-chains of early transitions, i.e., as 
channels are vacated by the departing station they will be freed-up for the incoming stations.354  
Stations interested in commencing early post-transition operations should indicate their intent to 
do so in their construction permit or modification applications for post-transition facilities.355
122. We will permit early transitioning stations to operate at facilities that are less than 
their full, authorized facilities until the date of their construction deadline, at which date these 
stations must commence their full, authorized post-transition operations.  MSTV/NAB suggest 
that we require early transitioning stations to serve only their respective communities of license 
during the transition period.356 We disagree with MSTV/NAB that market factors alone will 
protect against viewer disenfranchisement and find that, absent a showing of good cause, stations 
must maintain current digital service to consumers, who have prepared for the transition and will 
expect to continue to receive such service. Broadcasters seeking to commence early post-
transition operations must indicate in their applications for post-transition facilities whether such 
operations will result in a loss of their own analog or digital service.357
123. Interference Criteria.  We adopt our proposal in the Third DTV Periodic Review 
NPRM358 to require that early transitioning stations comply with both the current interference 
standard359 and the interference standard we adopt here for post-transition operations.360  
Accordingly, early transitioning stations must not cause more than 2.0 percent interference to 
any authorized analog or pre-transition DTV station (with a 10 percent limit on cumulative 
interference) and must meet the post-transition protection standard (0.5 percent additional 
interference to Appendix B facilities for all stations). 
b. Termination of Digital Service on Pre-Transition Channel 
When Associated with Flash-cut  
124. For stations needing long term or permanent reduction or termination 
(significantly more than 30 days), we adopt streamlined procedures to provide stations with the 
flexibility to permanently reduce or terminate their pre-transition digital service before the 
(Continued from previous page)    
support for allowing early post-transition operations, See also, e.g., Disney Comments at 2-5; Harris Comments at 4; 
Quincy Comments at 1. 
353 See, e.g., Harris Comments at 4.
354 NAB/MSTV Comments at 15.
355 Stations must follow the post-transition applications procedures in Section V.D., infra.  We are proposing to 
revise FCC Forms 301 and 340 to allow stations to simultaneously apply for both pre- and post-transition facilities.  
See form changes in Appendix C.  
356 MSTV/NAB Comments at 16 (arguing that market factors will protect against viewer disenfranchisement).
357 See Section V.C.2., supra.
358 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9514,  88. 
359 See 47 C.F.R.  73.623.
360 See Section V.F., infra (discussing the post-transition interference standard).
Federal Communications Commission FCC 07-228
67
transition date if necessary to complete their transition.361 The Commission has previously 
granted general approval for satellite stations and most stations with an out-of-core DTV channel 
to terminate pre-transition digital service and transition directly from their analog to their post-
transition digital channel (i.e., flash cut approval).362 We will continue to permit these stations 
to seek flash cut approval under those existing standards.  For all other stations seeking 
Commission approval for reduction or termination of pre-transition digital service, we will 
permit a station to reduce or terminate its pre-transition digital service before the transition date 
in the same manner adopted for approving an analog service reduction or termination.363  
Accordingly, we will permit a station to permanently reduce or terminate their pre-transition 
digital service before the transition date, provided the station satisfies the following two 
requirements:  
(1) The station demonstrates that its pre-transition digital service reduction or termination 
is directly related to the construction and operation of its, or another stations, post-
transition facility; and 
(2) The station notifies viewers on its pre-transition channel(s) about the planned service 
reduction or termination and informs them about how they can continue to receive the 
station.  
Stations must obtain prior Commission approval in order to reduce or terminate their pre-
transition digital service before the transition date.  To allow the Media Bureau sufficient time to 
process these requests, stations should file these requests for STA approval at least 60 days in 
advance of their planned service reduction or termination.  Stations must file these requests 
electronically through the CDBS using the Informal Application filing form.364 We expect that 
stations that will reduce or terminate their pre-transition digital service will commence early 
post-transition operations if possible. 
125. Background. The Second DTV Periodic Report and Order permitted stations in 
certain situations to surrender their pre-transition DTV channel, operate in analog on their analog 
channel, and then flash cut to digital by the end of the transition on their post-transition 
channel.365 As the Commission noted, the potential public interest benefits of allowing stations 
to flash cut include freeing the station to focus its efforts on completion of its post-transition 
channel and the creation of opportunities for the provision of public safety and other wireless 
  
361 We will consider a reduction or termination of pre-transition digital service to be permanent if the station seeks 
to discontinue operation on that channel for more than 30 days.  See, supra,  99.  If the station intends to 
discontinue operation on that channel for the remainder of the transition, the station must return the pre-transition 
channel to the Commission and flash cut directly from operation on their analog channel to operation on their post-
transition (digital) channel on or before the transition date. 
362 Second DTV Periodic Report and Order, 19 FCC Rcd at 18322,  95.  See DTV Transition  Approval of Flash 
Cut Requests, 22 FCC Rcd 7581 (2007) (Flash Cut PN).
363 See Section V.C.2., supra.
364 See  132 and see also note 390, infra.
365 In April 2007, the Media Bureau approved by Public Notice the flash cut requests of 32 stations based on the 
criteria established in the Second DTV Periodic Report and Order.  See Flash Cut PN, 22 FCC Rcd at 7581.These 
stations were approved to turn off or discontinue construction of their pre-transition DTV channel.  In addition, the 
Public Notice invited any other station to flash cut if it meets the criteria established in the Second DTV Periodic 
Report and Order.
Federal Communications Commission FCC 07-228
68
services on the pre-transition DTV channel.366  In the Second DTV Periodic Report and Order, 
the Commission permitted satellite stations to flash cut because of their unique status and 
circumstances and provided for these stations to notify the Commission of their decision to flash 
cut by their initial channel election deadline.367 The Commission stated that satellite stations 
opting to flash cut would retain their interference protection (defined in the proposed new DTV
Table Appendix B) as if they had met the applicable replication/maximization build-out 
requirements.368 The Commission also permitted stations with out-of-core DTV channels to 
flash-cut under certain conditions and required notification of their decision to flash cut by their 
initial channel election deadline.369 The Commission presumed that granting such requests 
would be in the public interest if the station demonstrated that (1) it was assigned an out-of-core 
DTV channel,370 and (2) grant of the request would not result in the loss of a DTV channel 
affiliated with one of the four largest national television networks (ABC, CBS, NBC, or Fox).371  
In the case of requests that did not meet these criteria, the Commission stated that it would 
consider all the relevant public interest factors in deciding whether to approve the request.  These 
factors include the advancement of the provision of wireless and public safety services, the 
acceleration of the DTV transition, and the loss of broadcast service.  Like satellite stations, full-
service out-of-core stations that are permitted to flash cut would retain their interference 
protection (defined in the new DTV Table Appendix B, as adopted) as if they had met the 
applicable replication/maximization build-out requirements.372 In April 2007, the Media Bureau 
released the Flash Cut PN inviting any station to flash cut if it meets the criteria established in 
the Second DTV Periodic Report and Order.373
126. In the Third DTV Periodic Review NPRM, the Commission invited comment on 
whether we should expand the range of circumstances in which we would accept new requests 
by stations to return their pre-transition DTV channel (i.e., a DTV channel that is not their final, 
post-transition channel) before the end of the transition and flash cut at or before the transition 
  
366 Second DTV Periodic Report and Order, 19 FCC Rcd at 18323,  96.
367 Id. at 18325,  102.  TV satellite stations are full-power broadcast stations authorized under Part 73 of the 
Commissions rules to retransmit all or part of the programming of a parent station that is typically commonly 
owned.  Id. at 18323,  98.  Unlike full-service stations, satellite stations have chosen to forego or relinquish full-
service status and instead retransmit the programming of a parent station because full-service operation of the 
satellite facility is not economically viable.  Eligible satellite stations were assigned a paired DTV channel in the 
current DTV Table.  The Second DTV Periodic Report and Order recognized that most satellite stations operate in 
small or sparsely populated areas that have an insufficient economic base to support full-service operations.  Id. at 
18324  100. 
368 Id. at 18325,  104.
369 Id. at 18322  95.  
370 Id.  The Commission noted the greater potential for wasted expenditures in DTV facilities built in the 700 MHz 
band (since there will not be an opportunity to remain in that band after the transition) and the potential for earlier 
use of this spectrum by public safety and other 700 MHz licensees.  Id.
371 The Commission has relied on affiliates of the four largest national television networks to achieve the necessary 
milestones throughout the DTV transition.  Id.  The Commission also noted that the presumption is neither 
conclusive nor dispositive and that special circumstances raised by the resulting loss of digital broadcast service 
could rebut the presumption. Id. at 18323,  96. 
372 See id. 
373 See Flash Cut PN, 22 FCC Rcd 7581 (2007). 
Federal Communications Commission FCC 07-228
69
deadline from their current analog channel to their post-transition channel.  Specifically, we 
sought comment on whether the following factors should be considered in evaluating flash cut 
requests: (1) whether the DTV station is operating on TV channels 52-69; (2) whether the station 
is affiliated with one of the four largest national television networks (ABC, CBS, NBC, or Fox); 
(3) whether the stations pre-transition DTV channel is allotted to another station for post-
transition use and the stations return of the channel will facilitate the other stations construction 
of its post-transition digital facility; and (4) the stations financial hardship.
127. Commenters responding to the Third DTV Periodic Review NPRM generally 
argued that, at this point in the transition, we should provide flexibility to stations that want to 
return their pre-transition DTV channel and flash-cut directly from analog to digital operation on 
the post-transition channel.374 NAB/MSTV argued that the flash cut option should be made 
available to all stations during the last six months of the DTV transition, provided the station 
notifies the Commission within 15 days of terminating service.375 NAB/MSTV also argued that 
the Commission should not establish a complicated factor test for approving flash cuts.376  
While we agree that the flash-cut option should be made available to more stations, as our 
approach adopted herein does, we disagree with NAB/MSTV that any station should be 
permitted to flash-cut six months prior to the transition deadline.  A station that seeks to flash cut 
seeks to terminate its pre-transition digital service.  While there may be situations where stations 
must cease service on a pre-transition channel in order to complete post-transition service, we are 
not prepared to permit stations (other than satellite or operating out-of-core) to terminate pre-
transition digital service absent a compelling reason.  As the transition deadline nears, viewers 
should - and will - become increasingly reliant on receiving digital service. Permitting stations to 
cease digital service as the transition nears, absent compelling circumstances, could undermine 
viewer expectations and the success of the transition itself. 
128. Existing Flash Cut Authority for Satellite Stations and Stations With An Out-of-
Core DTV Channel. As we stated in the Third DTV Periodic Review NPRM, stations may 
continue to seek flash cut approval pursuant to the Second DTV Periodic Report and Order and 
Flash Cut PN.377 Thus, satellite stations may still flash cut upon simple notification to the 
Commission.378 Stations with an out-of-core DTV channel may either take advantage of our 
existing flash cut approval for these stations, as adopted in the Second DTV Periodic Report and 
Order and Flash Cut PN, or may seek approval under the new test described herein that applies 
to all non-satellite stations.379
  
374 See APTS/PBS Comments at 18-19.
375 See MSTV/NAB Comments at 19-20.
376 Id.
377 Third DTV Periodic Review NPRM, 22 FCC Rcd 9499,  51.
378 Consistent with rules 47 C.F.R. 73.1750, 73.3580 and 73.1750 (termination of service), 73.1690(b) 
(modification of license or authorization), stations may declare their intent to flash cut by sending a letter to the 
Video Division of the Media Bureau and an e-mail to flashcut@fcc.gov.  See Flash Cut PN, 22 FCC Rcd at 7583, 
n.16, 18.
379 For stations with an out-of-core DTV channel, we will continue to presume that a flash cut request is in the 
public interest if the station is not affiliated with a top-four network.  For out-of-core stations with a top four 
network affiliation that seek to flash cut, this expanded flash cut option offers additional flexibility for these stations.
Federal Communications Commission FCC 07-228
70
129. In an effort to provide additional flexibility to out-of-core stations, we adopt our 
proposal380 to extend the current band-clearing rebuttable presumption favoring band-clearing 
arrangements for stations on TV channels 59-69 to cover the requests of all out-of-core stations 
(i.e., TV channels 52-69).  The comments addressing this issue support adoption of our 
proposal.381 The Commission established policies to facilitate voluntary band-clearing of the 
700 MHz bands to allow for the introduction of new public safety and other wireless services and 
to promote the transition of out-of-core analog TV licensees to DTV service inside the core TV 
spectrum.382 Generally speaking, these policies provide that the Commission will approve 
voluntary agreements between incumbent broadcasters and new licensees to clear the 700 MHz 
band early if consistent with the public interest.  The Commission has approved several such 
requests to return out-of-core channels in accordance with this band-clearing policy.383  
Previously, the Commissions 700 MHz band-clearing policies have differed somewhat 
depending on whether a station is located on TV channels 59-69, which might affect use of the 
upper portion of the band, or on TV channels 52-58, which would only affect use of the lower 
  
380 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9495-96,  42.
381 See MSTV/NAB Comments at 12.  Although only MSTV/NAB expressly addressed and supported expansion of 
the band-clearing presumption, most commenters favored regulatory flexibility whenever possible. See, e.g., 
AFCCE Comments at 4-6; Allbritton Comments at 8-9; APTS/PBS Comments at 11-12; Hubbard Comments at 6; 
Montecito of Wichita Comments at 1-2; MSTV/NAB Comments at 24; Quincy Comments at 2-3; Red River 
Comments at 6; Sky Comments at 6; Tribune Comments at 13; Twin Cities Comments at 4; University of Alaska 
Comments at 2-3; University of Houston System Comments at 4; Univision Comments at 22; West Virginia Media 
Holdings Comments at 5; WQED Reply at 2.
382 The Commission established its policies on voluntary band-clearing for TV Channels 59-69 in a series of orders.  
The Commission initially stated that it would consider specific regulatory requests needed to implement voluntary 
agreements between incumbent broadcasters and new licensees to clear the Upper 700 MHz Band early, if 
consistent with public interest.  See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 
27 of the Commissions Rules, WT Docket No. 99-168, First Report and Order, 15 FCC Rcd 476 (2000).  Next, the 
Commission established a rebuttable presumption favoring the grant of requests that would both result in certain 
specific benefits and avoid specific detriments.  See Memorandum Opinion and Order and Further Notice of 
Proposed Rulemaking, 15 FCC Rcd 20845, 20870-71  61 (2000).  These policies were further extended to three-
way band clearing arrangements, in which non-Channel 59-69 broadcasters were also potential parties.  See Service 
Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commissions Rules, WT Docket 
No. 99-168, Carriage of the Transmissions of Digital Broadcast Stations, CS Docket No. 98-120, Review of the 
Commissions Rules and Policies Affecting the Conversion to Digital Television, MM Docket No. 00-39, Third 
Report and Order, 16 FCC Rcd 2703, 2718  36 (2001).  Finally, the Commission provided certain additional 
flexibility to facilitate voluntary agreements for early clearing and granted a request for relief from two specific 
DTV-related requirements.  See Order on Reconsideration of the Third Report and Order, 16 FCC Rcd 21633 (2001) 
(Third R&O Recon).  The Commission established its policies on voluntary band-clearing for TV Channels 52-58 
in a 2001 Report and Order.  See Lower 700 MHz Report and Order, 17 FCC Rcd at 1095-96  184.
383 See, e.g., Johnson Broadcasting of Dallas, Inc. (KLDT, Lake Dallas- Fort Worth, TX), 21 FCC Rcd 13459 
(2006) (returning NTSC Channel 55); Associated Christian Television System (WACX, Leesburg, FL), 20 FCC Rcd 
12425 (MB 2005) (returning NTSC Channel 55); Puget Sound Educational TV (KWDK, Tacoma, WA), 20 FCC 
Rcd 12423 (MB 2005) (returning NTSC Channel 56); WLNY-TV, Inc. (WLNY, Riverhead, NY), 20 FCC Rcd 
14765 (MB 2005) (returning NTSC Channel 55); WRNN TV Associates LP (WRNN, Kingston, NY), 19 FCC Rcd 
12343 (MB 2004) (returning NTSC Channel 62); Commonwealth Public Broadcasting Corp. (WNVT, Goldvein, 
VA), 18 FCC Rcd 18517 (MB 2003) (returning NTSC Channel 53); and Lenfest Broadcasting, LLC (WWAC, 
Atlantic City, NJ), 17 FCC Rcd 19148 (MB 2002) (returning NTSC Channel 53). In each of these cases, the 
Commission has granted authority to stations to (i) cease analog broadcasting on their NTSC channel and surrender 
their license for that channel prior to the end of the DTV transition period and (ii) thereafter operate as a single 
channel, digital-only television station. 
Federal Communications Commission FCC 07-228
71
portion of the band.384 We find that this disparate band-clearing treatment with respect to 
stations in the lower 700 MHz band (i.e., TV channels 52-58) is no longer appropriate.  We agree 
with MSTV/NAB that the presumptive standard currently applied to band clearing arrangements 
on channels 59-69 should be applied immediately to all band-clearing proposals.385 The hard 
deadline applies equally to both portions of the 700 MHz band.  In addition, Congress has 
mandated that the Commission begin the auction of recovered analog broadcast spectrum in the 
700 MHz band no later than January 28, 2008.386 We find that extension of the band-clearing 
policy is appropriate to facilitate the clearing of the 700 MHz band in anticipation of the 
Commissions upcoming auction of licenses for services in the 700 MHz band (698-806 MHz) 
scheduled to begin on January 24, 2008.387 We will apply the same rebuttable presumption 
standard to voluntary agreements for clearing TV channels 52-58 as now applies to such 
agreements for clearing TV channels 59-69.388 As requested by MSTV/NAB,389 we clarify that, 
to the extent a station seeks to terminate analog service on its out-of-core channel in accordance 
with the procedures established above, the station will not also be required to make a showing 
regarding the rebuttable presumption applicable to band-clearing arrangements.
130. Commission Approval Process.  Stations must obtain prior Commission approval 
in order to reduce or terminate their pre-transition digital service before the transition date.  
Stations must file requests for such approval as a request for STA through the CDBS using the 
Informal Application filing form,390 and must indicate whether the request is either a service 
reduction or termination.  Consistent with the handling of STA requests,391 stations will be 
notified of actions taken on their requests by Public Notice.392 We encourage stations to file 
  
384 Envisioning the early recovery of TV channels 60-69, the Commission established a rebuttable presumption 
favoring requests for voluntary band-clearing involving channels 59-69.  In contrast, the Commission did not 
anticipate recovery of TV channels 52-59 until after the DTV transition was complete and, as a result, decided to 
consider requests for voluntary band-clearing involving those channels on a case-by-case basis.
385 MSTV/NAB Comments at 12. 
386 DTV Act  3003 unified the timing of auctions for the assignment of remaining spectrum from TV Channels 52-
69.  The Communications Act now requires the Commission to commence the auction of recovered analog 
broadcast spectrum no later than January 28, 2008 and deposit the proceeds of such auction in the Digital Television 
Transition and Public Safety Fund no later than June 30, 2008.  47 U.S.C.  309(j)(15)(C)(v).
387 See Public Notice, Auction of 700 MHz Band Licenses Scheduled for January 24, 2008; Notice and Filing 
Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments and Other and Other Procedures for 
Auctions 73 and 76, DA 07-4171 (WTB rel. Oct. 5, 2007) (Auction Nos. 73 and 76 Procedures Public Notice).  
The Commission is required to commence the auction of recovered analog broadcast spectrum no later than January 
28, 2008 and deposit the proceeds of such auction in the Digital Television Transition and Public Safety Fund no 
later than June 30, 2008.  47 U.S.C.  309(j)(15)(C)(v).
388 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9494  40 (discussing rebuttable presumption 
standard).
389 MSTV/NAB Comments at 12. 
390 Like other requests for STA, these requests to permanently reduce or terminate pre-transition DTV service before 
the transition date must be filed electronically using the Informal Filings Menu of CDBS.  As requests are 
submitted, CDBS will automatically generate Public Notice of these filings.  For more information on Informal 
Filings in CDBS, please refer to this web page:  http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.  To 
speed processing, stations should also email courtesy copies of their STA requests to dtvrequests@fcc.gov.
391 See 47 C.F.R.  73.1635.
392 As Bureau actions are recorded, CDBS will automatically generate Public Notice of the actions taken.
Federal Communications Commission FCC 07-228
72
these requests at least 60 days in advance of their planned service reduction or termination to 
ensure that they can obtain timely Commission approval for their proposed actions.  We caution 
stations that some requests may require more than 60 days of processing time.  In these 
situations, we will work with the station involved to discuss the options available to that station. 
131. Showing Required.  For stations not otherwise eligible for flash-cut approval, we 
will permit stations to reduce or terminate their pre-transition digital service before the transition 
date, provided:  (1) They demonstrate that the pre-transition digital reduction or termination is 
directly related to the construction and operation of post-transition facilities, by either the station 
itself or by another station, and would ensure that the station, or another station, can meet the 
transition deadline; and (2) They notify viewers of the upcoming pre-transition digital loss (as 
discussed in detail below).393 Stations may not be permitted to reduce or terminate their pre-
transition digital service, where, among other possible reasons, the provision of public health and 
safety information is seriously affected or there are other public interest considerations that 
require that a station provide analog service.  In addition, the showing should include all relevant 
information, including the station location, network affiliation if any, the circumstances requiring 
early reduction or termination of pre-transition digital service, and the number of viewers 
affected.  This information will enable us to properly consider the impact of the service reduction 
or termination on the stations viewers, including the number of current viewers that will lose 
digital service, satellite and cable penetration, and the number and kind (network, independent, 
etc.) of other digital channels available to affected viewers.  In addition, stations must explain 
why they cannot commence digital operation early on their post-transition channel (early 
transition) in order to continue to provide digital service to viewers. 
132. Viewer Notification.  With respect to the required notification to stations 
viewers, such notifications must occur every day on-air at least four times a day including at 
least once in primetime for the 30-day period prior to the planned service reduction or 
termination.394 These notifications must include:  (1) the stations call sign and community of 
license; (2) the fact that the station is planning to or has reduced or terminated its analog or 
digital operations before the transition date; (3) the date of the planned reduction or termination; 
(4) what viewers can do to continue to receive the station, i.e., how and when the stations post-
transition digital signal can be received;395 and (5) the street address, email address (if available), 
and phone number of the station where viewers may register comments or request information.  
We note that these viewer notifications are in addition to, and separate from, any notification 
requirements that we may adopt pursuant to our DTV Consumer Education Initiative.396
  
393 See  132, infra.
394 Stations that will not be serving at least the same population that receives their current analog TV and DTV 
service on February 18, 2009 are also required to notify viewers about the nature, scope, and anticipated duration of 
the stations post-transition service limitations.  See supra Sections V.B.5. ( 80) and V.B.7. ( 91). 
395 Alternatively, the notification could describe how to get service from another station affiliated with the same 
network and serving the same lost area. 
396 See DTV Consumer Education Initiative, supra note 84. 
Federal Communications Commission FCC 07-228
73
4. Service Reductions or Terminations 90 Days Before the Transition 
Date
133. As an exception to the approval process described above for permanent service 
reductions and terminations,397 we instead adopt a streamlined notification procedure for stations 
planning a permanent service reduction or termination (analog or digital) within 90 days of the 
February 17, 2009, transition date (i.e., beginning on or after November 19, 2008).  We find that 
a more relaxed notification procedure is more appropriate than the approval process established 
above to provide stations with additional flexibility as we approach the transition date.398 As 
discussed in detail above,399 the record amply favors affording stations this additional flexibility 
so close to the end of the transition.  Therefore, we will permit a station to reduce or terminate its 
analog or digital service within 90 days before the transition date by filing a notification with the 
Commission.  The notification must be filed 30 days in advance of the planned service reduction 
or termination and must include a showing that the service reduction or termination is necessary 
for purposes of the transition.  Although we will not require prior Commission approval, stations 
must notify their viewers on their pre-transition channel(s) (analog and digital) about the planned 
service reduction or termination and inform them about how they can continue to receive the 
station.  Like the Section 73.1615 notifications, stations must file these notifications 
electronically through the CDBS using the Informal Application filing form.400
134. Viewer Notification.  We will require stations filing a notification with the 
Commission regarding permanent reduction or termination within 90 days of the transition date 
to notify their viewers on their pre-transition channel(s) (both analog and digital) about the early 
service reduction or termination and inform them about how they can continue to receive the 
station.401 Such notifications must occur every day on-air at least four times a day including at 
least once in primetime for the 30-day period prior to the planned service reduction or 
termination.  These notifications must include:  (1) the stations call sign and community of 
license; (2) the fact that the station is planning to or has reduced or terminated its analog or pre-
transition digital operations before the transition date; (3) the date of the planned reduction or 
termination; (4) what viewers can do to continue to receive the station, i.e., how and when the 
stations digital signal can be received;402 (5) information about the availability of digital- to-
analog converter boxes in their service area; and (6) the street address, email address (if 
available), and phone number of the station where viewers may register comments or request 
information.  We note that these viewer notifications are in addition to, and separate from, any 
  
397 See, supra, Sections V.C.2.-3.
398 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9506,  44.
399 See, supra, Sections V.C.2.-3.  See also MSTV Ex Partes (dated Dec. 18, 2007), MSTV Ex Partes (dated Nov. 
26, 2007) and MSTV Ex Partes (dated Dec. 26, 2007).
400 See  106 and see also note 302, infra.
401 Stations that will not be serving at least the same population that receives their current analog TV and DTV 
service on February 18, 2009 are also required to notify viewers about the nature, scope, and anticipated duration of 
the stations post-transition service limitations.  See supra Sections V.B.5. ( 80) and V.B.7. ( 91). 
402 Alternatively, the notification could describe how to get service from another station affiliated with the same 
network and serving the same lost area. 
Federal Communications Commission FCC 07-228
74
notification requirements that we may adopt pursuant to our DTV Consumer Education 
Initiative.403
D. Applications to Construct or Modify DTV Facilities
135. As we stated in the Third DTV Periodic Review NPRM, stations that need to 
request authority to construct or modify their post-transition facilities must file construction 
permit (CP) or modification applications.404 Commercial stations that need to construct or 
modify their post-transition facilities must file FCC Form 301 for a minor modification405 and 
submit the appropriate fee.406 Noncommercial educational (NCE) stations must file FCC Form 
340.  We received no comments on our proposed revised FCC Forms 301 and 340, and we adopt 
those revised forms as proposed.  These forms will be available following their approval by the 
Office of Management and Budget (OMB).
136. Stations Whose Post-Transition Channel is Different From Their Pre-Transition 
DTV Channel. Stations whose pre- and post-transition DTV channels are different may begin 
filing their applications for a CP on the final DTV channel following the effective date of this 
Report and Order.  As discussed below, these stations may qualify for expedited processing of 
their CP applications. 
137. Stations Whose Post-Transition Channel is the Same as Their Pre-Transition DTV 
Channel.  Stations whose pre- and post-transition DTV channels are the same fall into three 
categories.  First, some of these stations may not have a licensed DTV facility or CP to construct 
a facility that matches the final DTV Table Appendix B and the station wants to construct the 
facility listed in Appendix B for that stations post-transition operation.  Such stations must file 
an application to modify their authority on their current DTV channel, and we encourage these 
stations to file immediately.407 As these stations already have a CP for their final post-transition 
channel, they do not need to wait for the effective date of this Report and Order or the rules 
adopted herein to file a modification application, and will get more rapid processing if we 
receive their applications before stations that are changing channels file their applications.408
  
403 See DTV Consumer Education Initiative, supra note 84.
404 See Third DTV Periodic Review NPRM, 22 FCC Rcd 9516,  92.  See also 47 C.F.R.  73.1690(b), 73.3533(a), 
73.3538.  
405 Applications to construct or modify post-transition facilities specified in the final DTV Table Appendix B 
involve a minor change in facilities and we will process them accordingly.  Section 73.3572(a)(1) of the 
Commissions rules defines a major change in a television stations facilities as any change in frequency or 
community of license. See 47 C.F.R.  73.3572(a)(1). Several stations may be changing channels as a result of the 
channel election process; however, these stations will be applying for the frequency and community of license 
assigned to them in the new DTV Table that was adopted in the Seventh Report and Order in MB Docket No. 87-
268, and accordingly we will treat their applications as not involving a change in frequency.  We believe this 
treatment will speed processing.  We also note that this is consistent with our implementation of the initial DTV 
Table in 1998.
406 See 47 C.F.R.  73.3533(a); See also 47 C.F.R.  1.1104.  As discussed above, this application and its associated 
fee will be for a minor change. 
407 Stations are reminded that applications filed at this time must not request an expansion of service area that would 
violate the filing freeze.  See August 2004 Filing Freeze PN, supra, note 20. See also 47 C.F.R.  73.1690, 
73.3533, 73.3538.
408 Following are examples of situations in which a station that is staying on the same DTV channel for post-
transition operation may have to file an application for modification of its CP.  A station that intends to operate its 
(continued.)
Federal Communications Commission FCC 07-228
75
138. Second, some stations whose pre- and post-transition DTV channels are the same 
may want to request changes to Appendix B as adopted in the Seventh Report and Order to 
match their existing facility.  In such circumstances,  we expect that these stations should have a 
petition for reconsideration of the Seventh Report and Order pending, which we will address in a 
separate proceeding.409 If a station has completed construction of the facility it intends to operate 
after the transition, it does not need to file an application at this time.410
139. Third, there are some stations that already have a license to operate or a CP to 
construct their post-transition channel that matches the facility specified in the new DTV Table 
Appendix B for that station.  These stations do not need to file any additional CP applications.  
These stations are building their post-transition facilities on the CPs granted for pre-transition 
operation. Once these stations have completed construction and have begun operating pursuant 
to program test authority, they must file an application for a license to cover (FCC Form 302).411
1. Expedited Processing
140. As we stated in the Third DTV Periodic Review NPRM, it is each stations 
responsibility to ensure that it can begin operations on its post-transition channel upon expiration 
of the deadline for the transition on February 17, 2009.412  To ensure that they meet this deadline, 
stations should file their applications as soon as possible in order to have the maximum time to 
order equipment and build their facilities.  In order to provide further incentive for stations to 
timely file applications for their post-transition facilities, we hereby adopt our proposal to 
provide expedited processing for certain stations that timely apply for a construction permit to 
build their post-transition channel.413 Specifically, we will provide expedited processing 
(generally within 10 days) to a station whose application demonstrates all three of the following 
requirements:
(Continued from previous page)    
post-transition facility pursuant to an existing STA operation must file an application to modify its CP to match its 
STA facility.  Also, some of these stations may need to apply to increase power or otherwise adjust their facilities 
because they are now operating under STA at reduced power and they are unable to construct their authorized CP 
facilities, but intend to operate with more than their current STA facilities (for example, they intend to raise their 
transmitting antenna to a higher height on their tower, but are unable to mount it at the authorized height).  Other 
stations may need to apply to modify their licensed or CP facilities in order to match their DTV Table Appendix B 
coverage if such coverage was based on a certification that differs from their current license or CP.  
409 Approximately 123 Petitions for Reconsideration of the Seventh Report and Order were filed by October 26, 
2007, the close of the pleading cycle.  
410 If there are minor differences between the stations completed or CP facility and the facility described in 
Appendix B for that station, such station may continue operating its licensed facility or continue constructing its CP 
facilities.  If major differences exist between a stations completed or CP facility and the facility specified in 
Appendix B for that station, and the stations has not filed a petition for reconsideration and fails to promptly seek 
changes to Appendix B according to the procedures set forth above in paragraph 9, the station may be subject to 
enforcement action.
411 See 47 C.F.R.  73.3536.
412 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9517,  94.
413 Id.
Federal Communications Commission FCC 07-228
76
(1) The application does not seek to expand the stations facilities beyond its final post-
transition DTV Table Appendix B facilities;414
(2) The application specifies facilities that match or closely approximate the DTV Table 
Appendix B facilities (i.e., if the station is unable to build precisely the facilities 
specified in the new DTV Table Appendix B, then it must apply for facilities that are 
no more than five percent smaller than its facility specified in Appendix B facilities 
with respect to predicted population); and 
(3) The application is filed within 45 days of the effective date of this Report and Order, 
pending OMB approval. 
141. In general, the commenters agreed that expedited processing of applications is 
important to ensure that stations can meet the transition deadline.415 We find that setting an 
application filing deadline for expedited processing of 45 days after the effective date of this 
Report and Order will give stations time to prepare for these filings.416 We anticipate that we 
will be able to process qualified applications expeditiously, generally within 10 days of filing.  
We remind stations that expedited processing does not necessarily mean that the application will 
be granted.417 Applications that receive expedited review but that are not readily grantable by the 
Commission will require further action by the station.418
142. Some commenters proposed that we designate additional categories of stations 
that would be eligible for expedited processing.  Specifically, APTS argues that we should 
provide expedited processing to stations with Congressionally-authorized funding that is 
contingent upon the receipt of a construction permit.419 In addition, West Virginia Media 
Holdings suggests that we provide expedited processing to stations moving to a different post-
transition channel.420 We note that the criteria and procedures we adopt today encompass a 
  
414 See Section V.E., infra. (permitting certain stations to expand up to five miles).  Applications for such expanded 
facilities will be processed as quickly as possible after processing is completed for stations eligible for expedited 
processing.
415 See, e.g., Central Michigan University Comments at 6; Greater Dayton Comments at 6 (pledging to continue to 
use their best efforts, and devote all appropriate resources, to obtaining permission to construct their final DTV 
facilities, but maintaining that the Commission must do its part and expedite permits on final channels). 
416 We expect that the 45-day application deadline will coincide with final OMB approval for revised FCC Forms 
301 and 340.  The Media Bureau will issue a Public Notice announcing that the forms have been approved and are 
ready for use, as well as the date by which applications must be filed to take advantage of expedited processing.
417 Stations that receive expedited processing are not guaranteed that their application will be granted; the 
application still must satisfy the criteria on Form 301 (or 340 for NCEs), as revised in this proceeding.  Similarly, 
stations that do not qualify for expedited processing will not necessarily have their applications denied; rather, their 
applications simply will not be processed on an expedited basis. 
418 To be eligible for grant, the applicant must certify in the application that the proposed facility:  (1) will not have a 
significant environmental impact; (2) will serve the principal community of license; (3) will provide necessary 
protection to radio astronomy installations and FCC monitoring stations; and (4) has had its tower approved by 
FAA, if necessary.  See 47 C.F.R.  73.622(f)(2) (checklist criteria).  These criteria must be met by all applications 
on FCC Form 301 and 340, including both those eligible for expedited processing as well as those not eligible for 
expedited processing.
419 APTS/PBS Comments at 5.  
420 West Virginia Media Holdings Comments at 3. 
Federal Communications Commission FCC 07-228
77
broader group of stations than the categories identified by APTS and West Virginia Media 
Holdings and will provide relief both to these stations as well as others that may need expedited 
application processing.  
143. A number of stations proposed that we further streamline our procedures by 
adopting a one-step application process for certain stations.  For example, MSTV/NAB propose 
that, where the proposed facilities conform to Appendix B, the Commission should not require a 
construction permit application but instead should only require an application for license.421  
MSTV/NAB maintain that this proposal would streamline the current two-step construction 
permit/license process and would minimize administrative burdens.422 Norwell Television LLC 
also proposes a one-step licensing process for stations whose post-transition DTV facilities are 
identical (in channel, location, height, and power) to those specified in Appendix B.423 APTS 
proposes a similar measure.  APTS suggests that, for stations whose signal does not reach 
beyond the service contour specified in Appendix B, the station should not be required to file a 
modification application even if its facilities do not precisely match those in Appendix B.424  
APTS states that this procedure would permit the Commission to focus its efforts on the needs of 
stations changing channels and those that do not yet have construction permits or licenses, and 
would prevent stations from expending scarce resources to make unnecessary changes.425
144. Upon careful consideration, we find that the procedures suggested by 
MSTV/NAB, Norwell, and APTS pose more potential risk than might be warranted by the 
potential benefit.  Under these suggested approaches, a station could make modifications to its 
final DTV facility and begin operating that facility without prior authorization from the 
Commission and then report the changes on its license application.  We continue to believe that 
the best policy is for a station to first obtain approval of its modified facilities prior to initiating 
operation.  Otherwise, a station could modify its facility, begin operating without prior approval, 
and cause harmful interference to existing broadcast stations, stations in other services such as 
mobile operations, and to medical devices.426 Although, as MSTV/NAB reminds us,427 Congress 
amended Section 319 to provide the Commission with the discretion to allow for one-step 
licensing, we have exercised this discretion and allowed this procedure only in cases where the 
potential for interference was much smaller.428 For example, we permitted one-step licensing for 
  
421 MSTV/NAB Comments at 32.  
422 Id. MSTV/NAB claim that Section 319 of the Communications Act permits the Commission to waive the 
requirement of a construction permit application for minor changes.  When construction is complete, stations could 
file a notice with the Commission to inform the Commission of this fact and to certify that construction has been 
completed in conformance with the license.  Id.
423 Norwell Comments at 5. 
424 APTS/PBS Comments at 18. 
425 Id.
426 Certain very minor changes to television facilities may be reported on a license application but none of the more 
complicated changes proposed by MSTV/NAB.  See Amendments of Part 73 and 74 of the Commissions Rules to 
Permit Certain Minor Changes in Broadcast Facilities Without a Construction Permit, Report and Order, 12 FCC 
12371 (1997) (allowing changes without a construction permit such as slight changes in height of antenna radiation 
center, main studio waivers, changes in noncommercial educational status). 
427 MSTV/NAB Comments at 32.
428 MSTV/NAB Comments at 32 citing 47 U.S.C.  319 (1996).  
Federal Communications Commission FCC 07-228
78
FM stations that were proposing to reduce their power from a level previously authorized.429  
Similarly, we permitted one-step licensing in the Instructional Television Fixed Service where 
the power levels involved were much lower and the potential for interference much smaller.430  
We do not find such factors in this case.  Furthermore, departing from our long-standing two-
step process is not necessary in this case as it will not help to greatly expedite the final DTV 
transition.  If a station completes its final DTV facilities pursuant to a previously-issued 
construction permit and finds that it needs to make last-minute changes, that station may avail 
itself of our expedited processing procedures and expect a quick evaluation of its application.  
We find that the procedures we adopt today will provide stations that need to make changes to 
their facilities more than enough time to complete their final DTV facilities even if last-minute 
corrective filings are necessary.
145. In response to the comments of Broadcasting Company of Sarasota,431 we note 
that the Commission currently accepts electronically-filed requests for STA through our CDBS 
database and will continue to do so.432 Generally, the Commission has notified stations of action 
on their STA requests by mail; however, to speed the process as suggested by Broadcast 
Company of Sarasota,433 we may also contact stations by telephone or email, with confirmation 
of Commission action via entries in the stations CDBS records.
146. Finally, a number of commenters suggested that the Commission expedite 
application processing by approving applications where the proposed service contour does not 
exceed the contour predicted by the Appendix B facility by more than a certain amount.434 These 
proposals are discussed in Section V.E., infra (Expanding Facilities).
2. Program tests/License to Cover CP
147. As we stated in the Third DTV Periodic Review NPRM,435 stations must not 
commence program tests on their post-transition channels until they are ready to begin post-
transition operations under program test authority.  Stations that want to conduct program tests 
  
429 See 1998 Biennial Regulatory Review -- Streamlining of Radio Technical Rules in Parts 73 and 74 of the 
Commission's Rules, Report and Order, 14 FCC Rcd 5272 (2000). 
430 See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and 
Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, 
18 FCC Rcd 6722 (2003).
431 Broadcast Company of Sarasota Comments at 5.
432 Like other requests for STA, these requests must be filed electronically using the Informal Filings Menu of 
CDBS.  As requests are submitted, CDBS will automatically generate Public Notice of these filings.  For more 
information on Informal Filings in CDBS, please refer to this web page:  
http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.
433 Id.
434 See, e.g., MSTV/NAB Comments at 33 (proposing that for stations returning to their analog channels that intend 
to use their analog antennas for post-transition operation, the station applications should be approved for these 
stations if the service contours do not exceed the contour predicted by the Appendix B facilities by more than 5 
miles in any direction, provided a thorough interference analysis is performed within 18 months after the transition 
date); APTS/PBS Comments at 13-14 (proposing to permit stations to forego correcting minor discrepancies 
between their final facilities as constructed and their Appendix B facilities if the signal of their final facilities does 
not reach beyond the service contour specified in Appendix B).
435 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9518-9519,  96.
Federal Communications Commission FCC 07-228
79
on their post-transition facilities must comply with the Commissions rules436 and coordinate 
with any affected stations prior to the time of testing.  Each station is responsible for determining 
which other stations may be affected and coordinate accordingly.  We expect that stations will 
work together cooperatively to facilitate testing.  Upon completion of the construction of a 
television facility as authorized by a CP,437 a station may commence program tests upon 
notification to the Commission, provided that an application for a license to cover the CP for the 
post-transition facility, on FCC Form 302, is filed within 10 days, along with the appropriate 
fee.438
E. Expanding Facilities
148. We announce our intent to lift the freeze on the filing of maximization 
applications on August 17, 2008, the date by which we expect to have completed processing 
stations applications to build their post-transition facilities.439 Until this date, we will maintain 
the freeze and will not accept maximization applications to expand facilities.  We will, 
nevertheless, consider requests to waive the freeze before August 17, 2008 in certain specified 
situations to provide for minimally expanded facilities where necessary to ensure that stations 
can serve their existing television viewers with their post-transition facilities, thereby meeting 
viewers over-the-air reception expectations after the transition date. 
149. During the channel election process, stations defined their post-transition 
facilities, deciding whether they would (1) replicate their allotted facilities, (2) maximize to their 
currently authorized facilities, or (3) reduce to a currently authorized smaller facility.440 Stations, 
however, were not allowed to seek facilities that would expand their coverage areas beyond that 
provided by their allotted facilities or authorized by a license, CP or STA.441 The filing freeze 
precluded such expansion to provide a stable database for developing the post-transition DTV 
Table.442
  
436 47 C.F.R.  73.1620(a).
437 Stations must comply with the terms of their CP as well as the technical provisions of the application, or rules 
and regulations, and the applicable engineering standards.
438 See 47 C.F.R.  73.1620, 73.3536.  We remind stations that will be using Channel 14 for post-transition 
operations that they must take special precautions to avoid interference to adjacent spectrum land mobile radio
service facilities before commencing program testing.  Where a TV station is authorized and operating prior to the 
authorization and operation of the land mobile facility, a Channel 14 station must attenuate its emissions within the 
frequency range 467 to 470 MHz if necessary to permit reasonable use of the adjacent frequencies by land mobile 
licensees.  47 C.F.R.  73.687(e)(3).  A licensee on channel 14 may not commence program test authority without 
specific Commission approval.  See 47 C.F.R.  73.687(e)(4)(ii) (stating that such licensees must submit evidence 
that there will be no interference to land mobile stations before the station will be permitted to transmit 
programming on the new facilities).
439 As discussed in note 20, on August 3, 2004, the Media Bureau imposed a freeze on requests for changing DTV 
channels within the DTV Table and on new DTV channels, as well as on the filing of modification applications by 
television and Class A television stations, in order to provide a stable database for conducting the channel election 
process and developing a new DTV Table. The freeze does not prevent the processing of pending applications. 
August 2004 Filing Freeze PN, supra, note 20. See also 47 C.F.R.  73.1690, 73.3533, 73.3538.
440 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18296,  41.  See also FCC Form 381.
441 See id.
442 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18293  35. Seventh Report and Order, 22 FCC 
Rcd at 15618-9  90.
Federal Communications Commission FCC 07-228
80
150. Maximization Applications.  We adopt our tentative conclusion in the Third DTV 
Periodic Review NPRM to not accept maximization applications until we have processed all 
stations post-transition applications, as authorized by the post-transition DTV Table.443 We find 
that we must first ensure that all stations can at least provide digital service to their analog 
viewers by the transition date before considering new maximization applications.  Several 
commenters have urged us to lift the freeze immediately and express concern about investing in 
equipment without knowing if and when they can maximize.444 In addition, they say that 
retrofitting their equipment later to maximize could be prohibitively expensive, thereby 
potentially limiting service to the public, particularly by public stations if they cannot afford to 
maximize later.445 We find, however, that processing maximization applications at this time 
would slow the resolution of stations applications to construct final DTV facilities.  For 
example, such applications could be mutually exclusive, which would result in a delay of several 
weeks or months.  This delay would prevent us from resolving applications needed for stations to 
build their post-transition facilities.  In addition, we find that allowing stations that are filing 
applications to construct post-transition facilities to propose expanded facilities would also be 
unfair to stations that have completed building their post-transition facilities and, therefore, are 
not filing applications now but might also want to expand their existing facilities.  Therefore, 
before we consider maximization requests, which may cause interference to viewers accustomed 
to receiving service from particular stations, we conclude that we must first establish the initial 
DTV landscape and preserve existing service patterns to the extent possible. 
151. Filing Freeze Waiver Policy.  We adopt a waiver policy, based on a proposal by 
MSTV/NAB,446 that will permit rapid approval of minor expansion applications filed by stations 
that are not using their pre-transition DTV channel for post-transition operation, provided the 
station demonstrates that such expansion: 
(1) Would allow the station to use its analog antenna or a new antenna to avoid a 
significant reduction in post-transition service from its analog service area; 
(2) Would be no more than five miles larger in any direction than their authorized 
service area, as defined by the post-transition DTV Table Appendix B; and 
(3) Would not cause impermissible interference, i.e., more than 0.5 percent new 
interference, to other stations.447
Many commenters requested this relief, arguing that such relief was necessary to avoid a 
significant service loss to existing viewers.448 We agree with MSTV/NAB that we should 
  
443 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9519,  97. 
444 See also, e.g., Tribune Comments at 6-8; Sinclair Comments at 1-3; South Carolina Educational Television 
Commission at 4, Nebraska PTV Licensees at 6, State of Wisconsin Board Comments at 6, Arkansas Educational 
Television Commission at 7-9, Multicultural at 8, LeSEA Comments at 3-4, Davis at 2-3, Bahakel Comments at 6-9.
445 See MSTV/NAB Comments at 27-28.
446 Ex Parte Comments of MSTV (dated November 26, 2007) (MSTV ex parte). MSTV proposed that the 
Commission allow stations returning to their analog channels to use their current antenna pattern, provided the 
pattern does not exceed DTV Table Appendix B coverage by 5 miles or cause more than 2.0 percent interference to 
surrounding stations.  MSTV proposed for stations to have 12 months after February 17, 2009 to comply with the 
0.5 percent interference standard above DTV Table Appendix B levels.  Id.
447 This interference standard is consistent with the new interference standard adopted in Section V.F., infra.
Federal Communications Commission FCC 07-228
81
generally permit stations to expand up to five miles in any direction beyond their authorized 
service area.  While we generally will not permit more than 0.5 percent new interference, we will 
consider on a case-by-case basis allowing stations to cause additional new interference if stations 
can demonstrate that they need this additional flexibility to serve their analog viewers.449  
Consistent with our existing rules,450 we will also consider on a case-by-case basis stations 
negotiated interference agreements provided these agreements are consistent with the public 
interest.
152. We find that this waiver policy will allow added flexibility for stations that wish 
to use their existing analog channel antenna, which provides benefits for the successful 
completion of the transition by reducing the demands on equipment suppliers and installation 
crews during a critical time as the transition date nears.  This waiver policy addresses the 
concerns of those stations returning to their analog channel that may face significantly reduced 
facilities if some minimal expansion is not permitted.451 For example, Tribune and Allbritton 
argue that many stations returning to their analog channels for post-transition operation plan to 
use their analog antennas but face the prospect of significant service losses because the 
unbuildable, theoretical pattern in Appendix B does not match the analog antenna pattern.452  
As previously discussed, several stations that faced this problem filed comments in our DTV 
Table proceeding.  In the Seventh Report and Order, we permitted these stations to change their 
2004 certifications and, thus, revised these stations post-transition DTV Table Appendix B 
facilities to reflect their constructed final DTV facilities.453 Many more stations have since filed 
petitions for reconsideration of the Seventh Report and Order to obtain this same relief.454 We 
expect that we can provide the same relief to most of these stations as well.  For those stations 
that cannot be fully accommodated with a change to their post-transition DTV Table Appendix B 
facilities (e.g., stations that failed to request reconsideration of their post-transition DTV Table 
Appendix B facilities), we expect that this waiver policy should address their situations.  In 
addition, this waiver policy should address many of the other concerns raised by commenters in 
seeking exemption from the freeze.455 Applications filed to maximize facilities pursuant to this 
waiver policy will not receive expedited processing, but these applications will be processed 
before the freeze is lifted and new maximization applications are accepted. 
153. Filing Freeze to be Lifted August 17, 2008.  We adopt the proposal of 
MSTV/NAB and others to set a date certain that is before the end of the transition for when we 
will lift the filing freeze and begin accepting stations applications to maximize post-transition 
(Continued from previous page)    
448 See, e.g., CBS Comments at 8-9.  Griffin Comments at 4-5, Hubbard Comments at 3-4, Twin Cities Comments at 
5-7, Meredith Comments at 2-3; Univision at 5 n.7.
449 Ex Parte Comments of MSTV (dated December 19, 2007) (MSTV ex parte letter, 12/19/07). 
450 See 47 C.F.R.  73.623(g).
451 See, e.g., CBS Comments at 8-9; Tribune Comments at 8-10 Allbritton Comments at 2-5.   
452 Tribune Comments at 8-10 Allbritton Comments at 2-5.  
453 See Seventh Report and Order, 22 FCC Rcd at 15607-15609, 62-67.
454 See MB Docket No. 87-268, Petitions for Reconsideration of the Seventh Report and Order.
455 See, e.g. Long Comments at 2-4; Griffin Comments at 3; Hearst-Argyle Comments at 4-5.
Federal Communications Commission FCC 07-228
82
facilities and serve more viewers.456 Accordingly, we establish August 17, 2008 as that date.457  
By this date, we expect to have completed processing all stations applications for post transition 
facilities and, therefore find that we could then provide this opportunity for stations to expand 
their facilities and serve more viewers, possibly before the transition date.  We agree with 
MSTV/NAB that establishing a date certain for lifting the freeze will assist stations in their post-
transition plans.458 It is clear from the comments that many stations are eager to expand their 
facilities (beyond those specified in the post-transition DTV Table Appendix B) to serve more 
viewers.459 Stations new channel assignments present them with new opportunities to offer 
expanded DTV coverage, either because the stations may be moving to a new channel that does 
not have the same interference restrictions or because other stations on adjacent channels may be 
moving away, thus eliminating prior interference conflicts.  We expect that lifting the freeze six 
months before the transition date will enable many stations to conserve resources by purchasing 
equipment that anticipates the maximization of their facilities.460 Nevertheless, we will not 
accept future maximization as an excuse from stations not to file applications now nor to delay 
construction of their full, authorized facilities by their construction deadline.  No commenter 
objected to the proposals to set a date to lift the freeze prior to the end of the transition.
154. Processing of Maximization Applications.  Maximization applications will be 
processed in accordance with our existing rules.461 While we will accept maximization 
applications after the freeze is lifted, such applications may not be processed in time for stations 
to build these new maximized facilities by their construction deadline.  Stations with a pending 
maximization application on file are warned that such filing will not be considered a legitimate 
excuse for failing to build their full, authorized post-transition (DTV Table Appendix B) 
facilities by their construction deadline.  
  
456 See MSTV/NAB Comments at 27-28.  See also, e.g., APTS/PBS Reply at 6-7; Griffin Comments at 2-3; 
Hubbard Comments at 2-3.
457 We recognize that we cannot predict with absolute certainty the date by which we will complete processing 
stations initial applications to build facilities authorized by the post-transition DTV Table.  While we believe this 
date represents a reasonable estimate concerning the time it should take us to process all the applications to permit 
stations to construct their final facilities, we may adjust this date, earlier or later, as we get closer to completing the 
processing of these applications.  The Media Bureau will announce the exact date the freeze will be lifted and the 
associated terms and filing procedures.  
458 See MSTV/NAB Comments at 27-28.  See also, e.g., APTS/PBS Reply at 6-7; Griffin Comments at 2-3; 
Hubbard Comments at 2-3.
459 See also, e.g., Tribune Comments at 6-8; Sinclair Comments at 1-3; South Carolina Educational Television 
Commission at 4, Nebraska PTV Licensees at 6, State of Wisconsin Board Comments at 6, Arkansas Educational 
Television Commission Comments at 7-9, Multicultural Comments at 8, LeSEA Comments at 3-4, Davis Comments 
at 2-3, Bahakel Comments at 6-9. Granite argues for expansions for satellite stations service areas to bring service 
to underserved areas.  Granite Comments at 6.  University of Michigan would like to maximize coverage before 
LPTV stations are permitted to apply for facilities that could inhibit maximization by full power stations.  University 
of Michigan Comments at 10.  See also Third DTV Periodic Review NPRM, 22 FCC Rcd at 9519,  97.
460 MSTV/NAB Comments at 27-28.
461 47 C.F.R.  73.623.  We remind stations that applications for maximization filed before the freeze is lifted will 
not be accepted for filing.
Federal Communications Commission FCC 07-228
83
F. Post-Transition Interference Standards and Analysis Methodology
155. We are generally adopting the interference standards as proposed in the Third 
DTV Periodic Review NPRM, with adjustments based on the record. In brief, we adopt the 
following standards for evaluating post-transition interference:
 We will permit stations a limit of 0.5 percent new interference in addition to that in 
the DTV Table Appendix B.  We will evaluate stations applications to construct 
post-transition facilities using an engineering criteria based requirement (limiting the 
predicted interference that a station may cause to a protected stations service 
population) instead of using a geographic spacing requirement. 
 We will discontinue the 10 percent cap on total interference. 
 We will continue to evaluate requests for new DTV allotments using the DTV-to-
DTV geographic spacing requirements contained in Section 73.623(d).
 For approximately a year after lifting the filing freeze, we will protect all stations 
DTV Table Appendix B facilities, after which we will protect each stations new 
DTV Table Appendix B facilities coverage only until the station has a CP or license 
for its post-transition operation, at which time we will limit its interference protection 
to its authorized coverage area. 
 We will revise the OET 69 interference analysis methodology to make the results 
more accurate and ensure consistent methodology.  Specifically, we adopt the use of 
2000 census data for use in all applications and we adopt a limited set of cell sizes, 
which include 2 km, 1 km, and 0.5 km.
 We will eliminate the 1 dB power reduction requirement for UHF stations that use 
more than 1 degree of antenna beamtilt. 
156. Interference Criteria for Applications.  Commenters generally agreed with our 
proposal to use engineering criteria instead of geographic spacing for cases involving 
applications; however there was widespread difference of opinion over how strict the criteria 
should be.462 In the Third DTV Periodic Review NPRM, we proposed an absolute 0.5 percent 
interference standard for requests to modify post-transition facilities.  In the proposal, stations 
whose Appendix B allotments are already predicted to cause more than 0.5 percent interference 
to another station would not be allowed to expand beyond the amount of interference that would 
be caused by their allotment.  
157. A study by du Triel, Lundin & Rackley, Inc (dLR) found that 50 percent of all 
VHF allotments already cause more than 0.5 percent interference and 40 percent of all VHF 
allotments already cause more than 1.0 percent interference, so that an absolute 0.5 percent limit 
would prevent many stations from expanding at all.463 MSTV/NAB noted that a number of 
commenters argue that the FCC should apply the proposed 0.5 percent standard by using the 
DTV Table Appendix B facilities as a baseline so that stations would be permitted to create no 
more than 0.5 percent additional interference beyond the level authorized in the DTV Table 
  
462 Khanna 8/8/07 Comments at 4; Meredith Comments at 4-5.
463 dLR Comments at 1.
Federal Communications Commission FCC 07-228
84
Appendix B.464 MSTV/NAB support this approach on the grounds that it will ensure that stations 
have sufficient flexibility to expand or modify facilities, but will prevent substantial increases in 
interference between stations.465 Several other commenters wrote that the proposed 0.5 percent 
interference standard may be too strict and proposed alternate standards.  Upper Cumberland 
Broadcast Council (UCBC) would permit up to 2 percent interference.466 Multicultural 
Television Broadcasting (MTB) supports a limit of 1 percent with no rounding and the masking 
of other stations taken into account and asks that we permit minor modifications where the 
increase in existing interference is less than or equal to 0.1 percent.467 Khanna & Guill Inc. 
proposed an alternative that would limit interference to small service areas to no more than 1,000 
people and to large service areas to no more than 50,000 people.468  
158. For purposes of the channel election process, the Commission generally applied 
the 0.1 percent interference standard to minimize as much as possible any interference as a result 
of a station moving to its analog channel for post-transition operation, rather than remaining on 
its pre-transition digital channel for post-transition service.469 For stations that had to change 
channels for post-transition operation, e.g., because their digital channel was out-of-core, we 
allowed up to 2.0 percent interference.  We conclude that after the transition, the stringent 0.1 
percent standard for interference protection used to facilitate the development of the post-
transition DTV Table will no longer be needed.  In the post-transition environment, all stations 
will have channels that will allow them to adequately serve their viewers.  We also find that it is 
now reasonable and desirable to afford stations opportunities to modify their service areas to 
improve service to viewers.  We further recognize that in order to provide such opportunities, 
stations will need the flexibility to cause a small amount of new interference to neighboring 
stations.  The interference standard we proposed and are adopting in this Report and Order will 
allow stations to request modifications to improve their service areas that would cause a small 
amount of new interference to other stations.  We find that the benefits of improving station 
service in such cases will outweigh the very small amount of additional interference that will be 
permitted under the 0.5 percent standard.
159. In addition, we agree with the majority of commenters that new interference 
under the 0.5 percent standard should be evaluated using the DTV Table Appendix B allotments 
as a baseline in interference calculations.  In contrast, as indicated by the dLR study, an absolute 
interference limit would preclude many stations from having the flexibility to modify their 
facilities.  Even increasing the absolute interference limit to 1.0 percent as suggested by UCBC 
would still preclude 40 percent of VHF stations from having such flexibility, and using a higher 
interference limit would potentially subject stations to large amounts of new interference.  
Therefore, to provide an opportunity for at least modest modifications, we will allow stations to 
cause up to 0.5 percent new interference, in addition to interference reflected in the DTV Table 
  
464 MSTV/NAB Reply at 16.  See CBS Comments at 9-10, Allbritton Comments at 5-6, Tribune Comments at 4-6, 
Gray Comments at 8, Hammett and Edison Comments at 6-7, Davis Comments at 3-5, Cohen, Dippell & Everist 
Comments at 5-8, KSLS Comments, passim, WDEF Comments at 4, Disney Reply, passim.
465 MSTV/NAB Reply at 17. 
466 UCBC Comments at 4.
467 Multicultural Comments at 4.
468 Khanna 8/8/07 Comments at 2-3.
469 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18302,  56.
Federal Communications Commission FCC 07-228
85
Appendix B.  Applying 0.5 percent to this baseline of existing interference will provide the 
flexibility and expansion sought by commenters that suggested allowing higher interference 
levels. It would also effectively control the amount of new interference that could be 
experienced by any one station.  We find this approach provides a reasonable balance between 
having sufficient flexibility to expand and modify facilities while preventing substantial 
disruption for viewers due to interference between stations.  We therefore adopt the 0.5 percent 
interference standard and will apply it using the DTV Table Appendix B facilities as a 
baseline.470
160. We also proposed to discontinue the 10 percent cap on total interference to a 
station from all sources, and instead proposed to limit the total interference any station would 
receive from all sources by requiring that stations already predicted to cause more than 0.5 
percent interference to another station would not be allowed to increase the interference they are 
authorized to cause to that station.471 MTB concurs with this proposal.472 MSTV/NAB also 
submits that removing the cap would contribute to making the interference standard simpler to 
administer than the 2 percent/10 percent rule (which requires consideration of the total amount of 
interference a station is receiving from all sources).473 Since we are adopting the 0.5 percent 
interference standard, which is significantly more protection than the previous 2.0 percent 
standard, we find that the amount of new interference that will be accumulated by any one 
station is minimal. Removing the cap would also help those few stations in situations that exceed 
the 10 percent interference level share the flexibility to expand or modify their facilities.  
Therefore, as proposed, we will discontinue the 10 percent cap on total interference.
161. Interference Criteria for New Allotments.  As proposed, we will use geographic 
spacing requirements as the standards for determining the technical acceptability of channel use 
in evaluating rulemaking petitions seeking new DTV channel allotments.474 While MSTV/NAB 
outlined in their comments that changes to the table should be analyzed under the 0.5 percent 
interference standard,475 as we said in the Third DTV Periodic Review NPRM, information about 
actual transmitter site locations and facilities are generally not available in rulemaking 
proceedings.  Without such information, valuations based on minimum acceptable allotment 
facilities and the methodology for the analysis of a petition using an engineering criteria standard 
would not reflect the operation of an actual station and therefore would generally not be 
meaningful.  For these reasons we will continue to use the DTV-to-DTV geographic separation 
requirements contained in Section 73.623(d) of the rules.  After a new DTV allotment has been 
approved, we will regulate the extent of interference by requiring applications for these DTV 
  
470 See revised rule 47 C.F.R.  73.616 in Appendix B, infra.  We will neither amend nor replace the existing 
interference rules in 47 C.F.R. 73.623, which will remain in effect to apply to any applications for pre-transition 
digital facilities.  Petitions for rule making and applications for facilities that will operate after the end of the DTV 
transition must comply with section 73.616, with respect to post-transition operations, as well as with section 
73.623, to the extent they will be in operation prior to the transition.  We will consider whether to amend or 
eliminate the rule sections pertaining only to pre-transition digital facilities in a later proceeding.
471 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9523,  107.
472 Multicultural Comments at 5.
473 MSTV/NAB Comments at 29.
474 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9523,  111.
475 MSTV/NAB Comments at 29.
Federal Communications Commission FCC 07-228
86
allotments to comply with the same engineering criteria standards we are proposing for all other 
DTV applications.476
162. Protection of DTV Table Appendix B facilities. As proposed in the Third DTV 
Periodic Review NPRM, we will only protect stations DTV Table Appendix B facilities until 
stations have their CP or license for their post-transition facility, at which time we will limit 
interference protection to stations authorized coverage area.477 However, to avoid penalizing 
stations that apply for reduced facilities so as to not violate the freeze, we will continue to protect 
the DTV Table Appendix B facilities of stations until roughly one year after the date we intend 
to lift the filing freeze.478 We received very few comments directly on this point, but 
MSTV/NAB mentioned that it is appropriate for the Commission to give stations one year to 
complete their final facilities, and that during that year we should provide protection to stations 
allotted facilities.479 New allotments as discussed in the previous paragraph will only be 
protected until a CP is granted for the new station.  When applying the 0.5 percent new 
interference standard described above, we will continue to rely on the applicants Appendix B or 
new allotment facility as a baseline for determining how much new interference the station may 
cause and avoiding cumulative applications of the 0.5 percent standard.  When determining the 
amount of interference an applicant causes to other stations, we will use the protected stations 
service areas based on their construction permits, licenses or new allotments as described in this 
paragraph.
163. Changes to Interference Analysis Methodology. We will adopt changes to our 
DTV interference analysis methodology to make the results more accurate and ensure consistent 
methodology.  In the Third DTV Periodic Review NPRM,480 we proposed to evaluate compliance 
with the interference standard using the Office of Engineering and Technologys OET Bulletin 
No. 69 (OET 69) methodology, but using 2000 census data as was done during the channel 
election process.  We sought comment on whether other changes to the OET 69 methodology 
were necessary.481 As an example, we proposed allowing the use of specific cell sizes smaller 
  
476 A new station would be allowed to create no more than 0.5 percent new interference to any station beyond the 
level of interference authorized by the allotment.
477 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9523,  112.  DTV Table Appendix B has been used to 
provide all stations with post-transition facilities.  When a station applies for a CP to build the post-transition facility 
authorized by Appendix B, or applies for its license to cover the authorized post-transition facility it has already 
built, then it will no longer be necessary or appropriate to protect the Appendix B facility.  As noted above in supra
 7 and 149, for many stations, DTV Table Appendix B represents the hypothetical facility that produces its 
certified service area.  See also Seventh Report and Order, 22 FCC Rcd at 15588-89,  17-18. When a station 
applies for the construction permit to build its facility, it may need to vary the parameters listed on Appendix B to 
construct the actual facility, for example to reflect an achievable directional antenna pattern or to locate the antenna 
at a height on the tower where mounting is possible.  In addition, in some cases, we will allow stations to expand 
their facilities beyond Appendix B.  See, supra, Section V.E. ( 148-154).  Thus, over time, many stations 
facilities will no longer match the DTV Table Appendix B facility.
478 The Media Bureau will issue a Public Notice establishing the exact date, which may be earlier if appropriate.
479 MSTV/NAB Comments at 23, n. 43. University of North Carolina Comments at 3.
480 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9523,  112.
481 See OET Bulletin No. 69, Longley-Rice Methodology for Evaluating TV Coverage and Interference, (Feb. 6, 
2004) (OET 69), available at 
http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf. 
Federal Communications Commission FCC 07-228
87
than the 2 kilometers per side cell size specified as the default in OET 69.  We also sought 
comment on a proposal to use variable desired-to-undesired (D/U) interference ratios to better 
analyze situations where adjacent-channel transmitters are to be located inside a desired stations 
noise-limited service contour.482 Commenters also raised questions about the use of real vertical 
antenna patterns and beamtilting. 
164. As proposed, we adopt the use of 2000 census data for use in all applications.483  
Few commented on the issue, but those commenters that did were supportive of the proposal.  
This will result in more accurate modeling of the current population covered by DTV stations.
165. We also adopt use of specific smaller cell sizes for the Longley-Rice analysis as 
described in OET 69. Commenters were divided on the issue of the use of smaller cell sizes.  As 
we explained in the Third DTV Periodic Review NPRM, we have generally allowed applicants to 
specify analysis based on cells that are smaller because such analysis is arguably more accurate.  
We understood that some applications had been based on evaluating many possible smaller cell 
sizes until the desired result was obtained.  Such shopping for advantageous cell sizes does not 
improve the accuracy of the evaluation.484 dLR, for example, would permit the use of any cell 
size.  Others, like MSTV/NAB and Khanna, would allow the use of some smaller cell sizes, but 
establish constraints as to what sizes are allowed.  Khanna proposed a uniform use of 1 kilometer 
per side cells,485 which would avoid disputes over differing methodology.  Establishing a 
minimum cell size of 1 kilometer per side, according to MSTV/NAB, would discourage 
shopping for advantageous cell sizes.486 While we recognize the concerns about shopping for 
advantageous cell size, we also would prefer to preserve the option to use alternative cell sizes 
that has been available over the course of the DTV transition.  In this regard, our experience is 
that this option has generally not been abused.  We do, however, find that it would simplify the 
process to specify a limited set of cell sizes; this would seem to better limit any size shopping 
that might occur.  Therefore, we adopt a limited set of cell sizes: 2 km, 1 km, and 0.5 km.  
Adopting this method will allow for more accurate showings of DTV coverage based on smaller 
cell sizes, while discouraging the practice of shopping for cell sizes, which doesnt contribute 
to improved accuracy. 
166. Vertical Patterns.  We will retain the existing OET 69 vertical antenna pattern and 
not make changes in the vertical patterns at this time.  Vertical antenna radiation patterns are 
descriptions of antenna gain at various angles above and below the horizon.  Several commenters 
asked us to modify the way in which vertical antenna patterns are considered.  Currently, OET 
69 specifies a standard vertical antenna pattern that is used for each station, regardless of the 
actual characteristics of the stations antenna.  Some commenters noted that allowing the use of 
actual vertical patterns would result in more accurate modeling of station coverage, and possibly 
more efficient use of the TV spectrum.  Meredith Corporation notes that stations are required to 
submit vertical pattern information when applying for a CP, but that the data is not used when 
  
482 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9522-3,  110.
483 Id. at  109.
484 See also id. at note 211.  For example, if an application would fail based on 1.0 km cells but passes based on 1.5 
km cells, the applicant would request evaluation based on the 1.5 km cell size.
485 Khanna 8/8/07 Comments at 3.
486 MSTV/NAB Comments at 29.
Federal Communications Commission FCC 07-228
88
calculating the service area of the application. AFCCE recommends that actual vertical patterns 
and beamtilt be considered for modifications and new authorizations when calculating outgoing 
interference.487 Changing the interference analysis at this time would demand time and resources 
when we must process and grant a large number of applications as quickly as possible.  
Therefore, we will continue to rely on the existing OET 69 standard vertical antenna pattern for 
applications filed now for post-transition facilities.  We expect, however, to revisit this issue in 
the future.
167. Beamtilting Penalty.  We are eliminating the 1 dB power reduction requirement 
for UHF stations that use more than 1 degree of antenna beamtilt.488 This rule was introduced in 
February 1998, when we initially limited maximization requests by UHF stations to 200 kW 
ERP.489 The rule allowed UHF stations to increase power up to a maximum of 1000 kW 
provided beamtilting techniques were employed so that the field strengths at the outer edge of 
the stations service area were no greater than would exist if the station were operating at its 
assigned DTV power.  The rule also required that the field strengths at the edge of the service 
area be calculated assuming 1 dB of additional antenna gain over the pattern specified by the 
manufacturer.  Later that year, we ruled that all UHF stations could request an increase in power 
up to 1000 kW ERP provided they met the de minimis rules in Section 73.623(c)(2) of the rules, 
and did not require beamtilting be employed.490 AFCCE suggested that the 1 dB penalty be 
rescinded to permit stations to employ large beamtilts and higher ERPs.491 Tribune states that 
once the 200 kW power cap was effectively eliminated  there was no need for the 1 dB 
penalty to discourage stations from using the beamtilting exception to evade the 200 kW power 
cap.492 We agree and find that the rules under 73.622(f)(4) are outdated and should be amended.  
We note that stations may use section 73.622(f)(8) to increase their power above 200 kW.  
Sections 73.625(b)(2) and 73.625(c)(1) address how beamtilting can be used. Through the use of 
these rules, the effect of 73.622(f)(4) can be accomplished without the 1 dB penalty. 493 We will, 
therefore, amend section 73.622(f)(4). 494
  
487 AFCCE Comments at 9.  Specifically, AFCCE proposed that if a vertical pattern is on file for a protected station, 
the pattern will be used.  If no such pattern is on file, but is necessary for an applicant to establish non-interference, 
the applicant would request that the manufacturers standard vertical pattern for the specified antenna be substituted 
for the FCC vertical pattern.
488 47 C.F.R.  73.622(f)(4) states that UHF DTV stations may request and increase in powers, up to a maximum of 
1000 kW ERP  through the use of antenna beamtilting in excess of 1 degree, as follows:  (ii) where a station 
operates at higher power under the provision s of this paragraph, its field strengths at the edge of its service area are 
to be calculated assuming 1 dB of additional antenna gain over the antenna gain pattern specified by the 
manufacturer.
489 See DTV Sixth Memorandum Opinion and Order, 13 FCC Rcd at 7426,  82.
490 See DTV Second Memorandum Opinion and Order, 14 FCC Rcd at 1369,  48-49.
491 AFCCE Comments at 10.
492 Tribune Comments at 30.
493 See DTV Second Memorandum Opinion and Order, 14 FCC Rcd at 1369,  48-49.
494 See revised rule 47.C.F.R.  73.622(f)(4) in Appendix B, infra.
Federal Communications Commission FCC 07-228
89
168. Variable D/U Ratios.  In the Third DTV Periodic Review NPRM,495 we sought 
comment on whether to adopt variable desired-to-undesired (D/U) interference ratios in 
situations where adjacent-channel transmitters are proposed to be located inside a desired 
stations noise-limited service contour.496 MSTV/NAB submitted that consideration of this issue 
would be best addressed in our DTS proceeding.497 We find that the comments submitted in this 
record do not provide an adequate basis on which to make a decision to retain the current D/U 
ratios or to change them.  We can address this topic in a future proceeding if parties submit data 
and arguments demonstrating a need for revising our current rules. 
169. Channel 51.  In ex parte comments, Cohen, Dippell and Everist, P.C. request the 
Commission to clarify the extent to which any Wireless Communications Services (WCS) that 
will operate in the spectrum currently designated as TV/DTV Channel 52 will offer interference 
protection to future DTV services offered on Channel 51.498 In the Second DTV Periodic Report 
and Order we stated that wireless and other operators on channel 52 must provide the 
interference protection prescribed in the Lower 700 MHz Report and Order to all broadcasters on 
channel 51, including any that may commence operation after the auction of adjacent channels in 
the 52-58 band, and we further stated that use of channel 51 for broadcast purposes should not be 
restricted in order to protect operations on channel 52, even if those operations predate the 
commencement of operations on channel 51.499 We reiterate and emphasize that this policy has 
not changed, and we will ensure that expanded operations by current channel 51 licensees and 
new channel 51 allotments will remain protected.
G. Coordination with Cable Operators, Satellite Systems, and Other MVPD 
Providers
170. We establish no new rules governing the coordination of broadcasters and 
MVPDs, but remind all parties of their existing obligations, and observe that some coordination 
issues must be resolved in other dockets.  As we recognized in the Third DTV Periodic Review 
  
495 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9523,  110.
496 We noted that such situations may become more prevalent if rules are adopted allowing distributed transmission 
systems (DTS).  See Digital Television Distributed Transmission System Technologies, MB Docket No. 05-312, 
Clarification Order and Notice of Proposed Rulemaking, 20 FCC Rcd 17797 (2005).  DTS employs multiple 
synchronized transmitters spread around a stations service area, rather than the current single-transmitter approach.  
Each transmitter broadcasts the stations DTV signal on the same channel.  Due to the synchronization of the 
transmitted signals, DTV receivers treat the multiple signals as reflections or ghosts and use adaptive equalizer 
circuitry to cancel or combine them to produce a single signal.  Id.  
497 See id. We note that we did receive some comments on this issue in the DTS proceeding, but find that the record 
on this issue remains insufficient.  See, e.g., Comments of MSTV in MB Docket No. 05-312 at 7-8 (dated Feb. 6, 
2006) and Reply Comments of Merrill Weiss Group, LLC in MB Docket No. 05-312 at 6-8 (dated Mar. 8, 2006).
498 See Ex Parte Comments of Cohen, Dippell and Everist, P.C. (dated Sept. 27, 2007) (CDE Ex Parte).  The 
commenters cited to 47 C.F.R.  27.60 as the basis for their comment.  This rule states that transmitters in the 698-
794 MHz and 776-794 MHz frequency bands must be operated only in accordance with the rules in this section to 
reduce the potential for interference to the public reception of the signals of existing TV and DTV broadcast stations 
transmitting on TV channels 51 through 68.  They point out that the existing language implies, or might lead any 
future WCS auction winner to expect, that a WCS would not have to protect any future channel 51 station that was 
not existing as of the date of the DTV transition.  We note that Section 27.60 applies to transitional operations, 
prior to the completion of the digital transition on February 18, 2009.  There will be no such television broadcast 
stations operational on Channels 52 through 68 after the transition.
499 Second DTV Periodic Report and Order, 19 FCC Rcd at 18333,  124.
Federal Communications Commission FCC 07-228
90
NPRM,500 the transition to digital television necessarily involves coordination with Multichannel 
Video Programming Distributors (MVPDs).501 No commenter disagreed, and indeed few 
commenters spoke to these coordination issues.  Those who did generally assured the 
Commission that both coordination and the actual transition to digital signal reception are 
underway.502 Therefore, as a general matter, Cox Broadcastings suggestion that the parties will 
coordinate independently is well taken.503 There remain, however, a few coordination issues that 
we need to specifically address.
1. Transition Status Filings
171. As discussed above,504 we adopt the requirement that broadcasters file a 
Transition Status Report (Form 387) with the Commission no later than February 18, 2008, and 
we will make the information from those forms publicly available.  Broadcasters may also report 
their coordination efforts with MVPDs in their transition status reports.  This information 
collection and availability is in line with that supported by a number of commenters, including 
NCTA.505 NCTA argues that a wide range of information must be available to provide adequate 
lead time for cable operators to make technical modifications at cable headends, conduct tests, 
and provide timely notice to customers of channel changes and any other changes in their 
service.506 These reports will provide a base of common information that broadcasters and 
MVPDs can look to in their voluntary coordination efforts, and will allow time for the resolution 
of those efforts.  Reports filed with the Commission are, however, no substitute for direct 
communication between broadcasters and MVPDs and we strongly encourage active 
coordination between them.
172. Although NAB and MSTV propose that MVPDs themselves file Transition Status 
Reports similar to Form 387, they do not elaborate on this proposal.507 We find insufficient 
support in the record for imposing this filing because it would provide information that is already 
generally available.  NAB and MSTV also propose that MVPDs be required to register their 
headends and contact information, such that it will be available to broadcasters who wish to 
coordinate carriage issues.508 As noted above, we strongly support active coordination between 
the parties, and urge broadcasters to directly contact the MVPDs that carry their stations if they 
require specific information from MVPDs to ensure a successful transition.  We also remind 
cable operators in particular of their existing requirement to notify all stations carried pursuant to 
  
500 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9528,  124.
501 See 47 U.S.C. 522(13).  MVPDs include cable operators and Direct Broadcast Satellite carriers.  See also 47 
C.F.R.  76.5, 76.501 (SMATV). 
502 See, e.g., DIRECTV Comments at 3.
503 Cox Comments at 8-9.
504 See supra Section V.A.1.
505 See, e.g., APTS/PBS Comments at 22; Capitol Comments at 9; NCTA Comments at 4-5.
506 NCTA Comments at 5.
507 MSTV/NAB Comments at 31; Cox Comments at 8-9; See generally, University of North Carolina Comments 
and Norwell Comments.  MSTV/NABs Comments were not echoed by any of the individual broadcasters who filed 
in this docket, and they were opposed by Cox.
508 MSTV/NAB Comments at 31.
Federal Communications Commission FCC 07-228
91
must carry at least 60 days prior to any change in the designation of their principal headend.509  
Furthermore, contact information for cable operators is already widely and publicly available 
through the FCC Cable Operations and Licensing System (COALS).  Broadcasters can access 
this information online at any time.510 We are unaware of any problem broadcasters have had in 
contacting MVPDs, and NAB and MSTV do not provide any such examples.  Therefore, we 
decline to adopt an MVPD transition status report requirement at this time.  We do urge 
broadcasters and MVPDs to report to the Media Bureau any specific difficulties with their 
coordination efforts, and we will take appropriate action against any party that consistently 
declines to actively coordinate on transition issues.
2. Cable Coordination
a. Timing of Transition
173. The Commissions primary concern in this process is to ensure that the entire 
viewing public, those who watch broadcast stations on cable as well as those who watch them 
over the air, is able to view these signals as easily on February 18, 2009 as they can today.  We 
remind cable operators that they have an obligation to carry digital must-carry signals, and to 
have reception equipment operational to receive those digital signals that go on the air on 
February 18, 2009.511 Furthermore, we remind them of their carriage obligations regarding 
digital-only stations established in the First DTV Must Carry Order.512 Stations that currently 
broadcast only a digital signal or that turn off their analog signal prior to February 17, 2009, in 
accordance with the policies and procedures adopted in this Report and Order are entitled to 
mandatory carriage on cable systems.513 Similarly, we remind broadcasters that they are obliged 
to provide the cable operator with a good quality signal and, if they choose not to rely on over 
the air transmission, it is their obligation to contact the operator and resolve any issues necessary 
to provide the signal in an alternative manner.514
  
509 See 47 C.F.R.  76.1607.
510 COALS is a publicly accessible online database that contains extensive information about cable operators.  Cable 
operators are required to maintain updated contact information with the Commission.  47 C.F.R.  76.1610.  This 
information can be found online at: http://www.fcc.gov/coals.  Contact information for a group of operators can be 
most easily accessed by selecting Cable Search from the bar on the left, choosing the relevant state from the 
Community State drop down box, and choosing Community Registration from the Type of Filing drop down 
box.  The search can be narrowed by entering additional information, such as the name of the community in which 
the cable system is located or the name of the cable system.
511 See Implementation of the Cable Television Consumer Protection and Competition Act of 1992  Broadcast 
Signal Carriage Issues, MM Docket No. 92-259, Report and Order, 8 FCC Rcd 2965, 2990,  101 (1993) (1993 
Must Carry Order); clarified in the Clarification Order, 8 FCC Rcd 4142, 4144,  11 (1993); see also 47 C.F.R.  
76.64(f)(4).
512 See Carriage of Digital Television Broadcast Signals: Amendments to Part 76 of the Commissions Rules and 
Implementation of the Satellite Home Viewer Improvement Act of 1999, First Report and Order and Further Notice 
of Proposed Rulemaking, 16 FCC Rcd 2598, 2617,  29 (First DTV Must Carry Order); 47 C.F.R.  76.64(f)(4).
513 See 47 C.F.R.  76.64.
514 The signal may be provided in any manner chosen by the broadcaster, so long as its cost is borne by the 
broadcaster.  See 1993 Must Carry Order, 8 FCC Rcd at 2991,  104.
Federal Communications Commission FCC 07-228
92
b. Signal Quality Standard
174. The Commission has previously established that, for cable companies, a good 
quality digital signal is one that provides a signal strength at the headend equal to -61 dBm.515  
For purposes of clarity, we find that it is now advisable to adjust Section 76.55 of our rules to 
conform to these requirements established in 2001.516 Two broadcast commenters expressed 
concerns that stations could lose carriage rights for a full election cycle because of a temporary 
reduction in signal strength or area during their digital build-out.517 UNC proposes that the 
Commission impose an interim quality standard, presumably requiring lower signal strength to 
qualify.518 Norwell suggests that, where the predicted digital signal strength is at least as high as 
the analog signal it is replacing, the MVPD be required to carry the digital signal.519 We decline 
to adopt these proposals.  When the Commission adopted the -61 dBm standard for cable 
carriage, analysis indicated that it was the strength necessary to provide a good quality digital 
television signal at a cable system's principal headend.520 Neither commenter provided evidence 
to refute that finding.  If a broadcast signal is not delivered in good quality, it can not be carried 
in good quality, and carriage of a low quality signal mars the viewing experience, which in turn 
discourages viewership, and is thus harmful to the broadcaster by reducing advertising revenue.  
It may also be harmful to the MVPD by undermining subscribers perception of the quality of the 
programming offered by the operator and by increasing complaint calls and the likelihood that a 
customer will seek alternatives to their current MVPD.  Broadcasters, MVPDs, and viewers, 
therefore, all benefit from delivery and carriage of clear, high quality signals. We also 
acknowledge the concerns of these broadcasters, and remind MVPDs that they are responsible 
for carriage as soon as a good quality signal is delivered. 
3. DBS Coordination
175. We reiterate that MVPDs must work with broadcasters to ensure a smooth 
transition, and direct the parties to the DBS Carriage proceeding, MB Docket No. 00-96, where 
the final rules governing satellite carriage of digital broadcast signals will be adopted.521 Both 
DIRECTV and EchoStar filed comments regarding the timing of the transition.  DIRECTV states 
that it is already carrying a number of stations digital signals, and offers to work with any 
broadcaster that is currently providing and will continue to provide a good quality digital signal 
to its local receive facility, even if that station is not currently being carried by DIRECTV.522 We 
note that 95 percent of stations are currently on the air with a digital signal.  Nevertheless, a 
number of stations may not provide their post-transition digital signal to headends and receive 
  
515 First DTV Must Carry Order, 16 FCC Rcd at 2617,  46.
516 See revised rule 47 C.F.R.  76.55 in Appendix B, infra. 
517 University of North Carolina Comments at 9-10; Norwell Comments at 6-7.
518 University of North Carolina Comments at 10.
519 Norwell Comments at 6.
520 First DTV Must Carry Order, 16 FCC Rcd at 2617,  46.
521 Although signal strength requirements for the delivery of digital signals to satellite receive facilities have not 
been finalized, we remind DBS providers of their obligation to carry local broadcast stations that provide a good 
quality signal.  47 C.F.R.  76.66(g).
522 DirecTV Comments at 3.
Federal Communications Commission FCC 07-228
93
facilities until the conclusion of the transition.523 We remind broadcasters of their obligation to 
provide a good quality signal,524 and therefore their obligation to coordinate the delivery of that 
signal, for example by coordinating with DBS and other MVPD operators during program test 
periods prior to February 17, 2009.  EchoStar proposes that, for any station that does not make its 
digital signal available prior to February, 2009, MVPDs be given additional time to incorporate 
that signal into their system.525 We decline to adopt Echostars proposal.
4. Private Cable Operators and Master Antenna System Providers
176. In the Third DTV Periodic Review NPRM, we asked for comments from private 
cable operators (PCOs) (also known as Satellite Master Antenna Television or SMATV 
providers) and master antenna system providers regarding steps they are taking to ensure that 
their subscribers and residents will continue to receive local broadcast stations after the 
termination of over-the-air analog broadcast signals from full power stations.526 We received 
comments from the Independent Multi-Family Communications Council (IMCC), the PCO trade 
association, and agree with IMCC that it may be necessary for these operators to update their 
systems prior to the 2009 transition date.527 We support IMCCs proposed efforts to educate 
PCOs nationwide, and appreciate their efforts to keep their membership fully informed on this 
important issue.528 We note that viewers who rely on PCOs or master antenna systems will also 
need to be informed of the equipment they will need to continue viewing broadcast television 
after February 17, 2009.529
177. PCOs provide cable service on private property, and do not cross public rights of 
way.  Typically they serve multiple dwelling units (MDUs) and private residential 
communities, such as condominiums and homeowner associations.  PCOs generally provide 
local TV broadcast signals to the residents/subscribers via one of four methods.  The first 
alternative is to contract with a DBS provider that is providing local-into-local service, set up a 
DBS dish in a central location (e.g., the roof), and then remodulate the digital satellite signal into 
analog for distribution to residents/subscribers.  The second alternative is for PCOs to set up 
  
523 Id. at 3-4. See also NCTA Comments at 2-3.  See also, e.g., Allbritton Comments at 3; APTS/PBS Comments at 
16-18; Bahakel Comments at 4; Central Michigan University Comments at 6; Disney Comments at 5-6; Hawaii 
Public Television Foundation Comments at 5; MSTV/NAB Comments at 22-26; Nebraska PTV Licensees 
Comments at 4; PBNP Comments at 5; Quincy Comments at 5; Rocky Mountain Comments at 8; Scripps-Howard 
Broadcasting Comments at 3-4; Sistema Universitario Ana G. Mendez Comments at 6; South Carolina Educational 
Television Commission Comments at 1; St Louis PTV Comments at 4; University of Michigan Comments at 3.
524 See 47 C.F.R.  76.55(c)(3) and 76.66(g).
525 EchoStar Reply at 3. See also DIRECTV Reply at 5 (offering a similar proposal that would be limited to DBS 
providers and stations that commence digital service on or after February 17, 2009).
526 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9528-9,  124.
527 As discussed in  178, infra.  See generally, Late-Filed Comments of the Independent Multi-Family 
Communications Council (IMCC).  See also, IMCC Industry Issues Website, particularly Conversion from Analog 
to Digital, available at http://www.imcc-online.org/ISSUES/issues.htm.
528 See Late-Filed Comments of IMCC at 4.
529 The Commission recently adopted an Order requiring that cable operators make digital signals viewable to all 
of their subscribers after the transition.  Cable Viewability Order, supra note 78.  PCOs and MATV providers, 
however, do not have must carry obligations under the Act, and are therefore not covered by this recent decision.  
47 U.S.C.  522 (7).
Federal Communications Commission FCC 07-228
94
satellite receivers for each local broadcaster, with an analog RF modulator for each program, and 
then combine the modulator outputs into a single cable for residents/subscribers.  The third 
alternative is to provide a local digital broadcast package to residents/subscribers via a digital 
headend signal processor.  Finally, the PCO can set up one or more over-the-air receive antennas 
and either simply pass the signal along to residents/subscribers or, more commonly, run it 
through an analog processor to provide a constant signal strength for residents/subscribers.  
Operators of master antenna systems (e.g., a landlord or condo association) provide one or more 
receive antennas and deliver local over-the-air television signals free of charge to residents, and 
generally also have an analog processor to ensure a constant signal strength.530
178. After the digital transition, PCOs who rely on the first or second alternatives will 
not need to make any changes.  The satellite signal or signals will continue to be received in 
digital and can continue to be remodulated into analog for the residents/subscribers.  If this 
alternative is used, however, there will be no digital signals, including high definition signals, 
available to the residents/subscribers, although they will all continue to receive television service 
without buying new equipment.  PCOs under option three are already relying on an all-digital 
headend and distribution network, and will face no changes after the transition because all 
equipment on the system, including residents/subscribers television receivers, is already capable 
of receiving, conveying, and displaying digital signals.  PCOs who rely on local receive antennas 
will have two options, the same as those confronting operators of master antenna systems.  First, 
they could use a digital-to-analog converter on all over-the-air signals to convert the digital 
broadcast signal to analog before being retransmitted to residents/subscribers, who will therefore 
be able to continue to rely on their existing television equipment.  This solution results in the 
same problem faced by DBS subscribers, however; all residents/subscribers will receive 
television programming, but none will receive a standard or high definition digital signal.  The 
other alternative is to retransmit the signal in digital format.  In this case, residents/subscribers 
have access to the full benefits of the digital transition, but only if they have digital equipment.  
We recognize that some residents/subscribers may think of themselves as cable subscribers, 
and therefore expect that the DTV transition will have no impact on their service, based on the 
Commissions recent decision ensuring continued viewability of stations carried on cable.531  
This problem can be largely ameliorated by proper education efforts by PCOs and MATV 
operators.  In addition the OTA digital signal provided by PCOs will be processed, but not 
remodulated; therefore, off-the-shelf digital-to-analog converters, including those that will be 
available as part of the NTIA converter box coupon program, can be used by 
residents/subscribers with analog equipment to view the signal.532
  
530 See Blonder Tongue Laboratories, Inc., Broadcast Televisions Analog to Digital Transition, available at 
http://www.imcc-online.org/ISSUES/RESOURCE%20Info/Analog%20to%20Digital/BT-broadcast_television-12-
05.htm.
531 See Cable Viewability Order, supra, note 78.
532 See Late-Filed Comments of IMCC at 4.
Federal Communications Commission FCC 07-228
95
H. Other Issues
1. DTV Transmission Standard (ATSC A/53)
179. We adopt our proposal in the Third DTV Periodic Review NPRM533 to update 
Section 73.682(d) of the rules534 to reflect the latest revisions to the ATSC DTV transmission 
standard, A/53, since the Second DTV Periodic Report and Order.535 Accordingly, we will 
incorporate into Section 73.682(d) by reference the latest version of the DTV transmission 
standard A/53: ATSC Digital Television Standard, Part 1-6:2007 (A/53:2007).536 We will 
continue to encourage further improvements to the DTV standards and conduct additional 
rulemakings, as appropriate, to incorporate future updates of the ATSC DTV transmission 
standard into our rules.
180. We find that it is desirable and appropriate to update Section 73.682(d) of the 
rules to specify the use of the latest version of this ATSC DTV transmission standard, 
A/53:2007.  All commenters on this issue support the adoption of the latest version of the 
standard into our rules.537 The ATSC notes that it has made further changes to its DTV 
transmission standard since the release of the Third DTV Periodic Review NPRM.538  
Specifically, ATSC partitioned the standard into six parts to facilitate future changes and 
enhancements and encourages the Commission to adopt the newest version into the rules.539  
We note that the A/53:2007 version of the standard does not differ from the A/53-E version that 
was mentioned in the Third DTV Periodic Review NPRM, other than these organizational 
changes. 
181. The A/53:2007 version of the standard differs from the previously used standard, 
A/53-B,540 in several respects.  First, A/53:2007 includes the specifications for, but does not 
require, Enhanced 8-VSB (E8-VSB) for terrestrial broadcast.541 E8-VSB enables Enhanced 
  
533 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9524-25,  114.
534 47 C.F.R.  73.682(d) states:  Effective February 1, 2005, transmission of digital broadcast television (DTV) 
signals shall comply with the standards for such transmissions set forth in ATSC A/52:  ATSC Standard Digital 
Audio Compression (AC-3) (incorporated by reference, See  73.8000), ATSC Doc. A/53B, Revision B with 
Amendment 1 and Amendment 2:  ATSC Digital Television Standard, except for Section 5.1.2 (Compression 
format constraints) of Annex A (Video Systems Characteristics) and the phrase See Table 3 in Section 5.1.1.  
Table 2 and Section 5.1.2 Table 4 (incorporated by reference, See  73.8000), and ATSC A/65B:  ATSC Program 
and System Information Protocol for Terrestrial Broadcast and Cable, (Revision B) 2003 (incorporated by 
reference, See  73.8000).  Although not incorporated by reference, licensees may also consult ATSC Doc. A/54, 
Guide to Use of the ATSC Digital Television Standard, (October 4, 1995), and ATSC Doc. A/69, Recommended 
Practice PSIP Implementation Guidelines for Broadcasters (June 25, 2002).
535 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18341-42,  145.
536 See revised rule 47 C.F.R.  73.682(d) in Appendix B, infra.
537 See ATSC Comments at 2-3; Harris Comments at 4-5; LG Comments at 2; MSTV/NAB Comments at 29-30.
538 ATSC Comments at 2-3.
539 Id.
540 See 47 C.F.R.  73.682(d) (incorporating by reference ATSC Doc. A/53B, Revision B with Amendment 1 and 
Amendment 2).  See also Second DTV Periodic Report and Order, 19 FCC Rcd at 18341-42,  145.
541 A/53, Part 2:2007 at 6 (The optional enhancements add additional forward error correction coding layers to the 
data before sending the data via a constrained version of 8-VSB called Enhanced 8-VSB (E8-VSB).  Various coding 
(continued.)
Federal Communications Commission FCC 07-228
96
Services, which allow broadcasters to allocate the base 19.39 Mbps data rate between Main 
Service data and Enhanced Services data.542 Enhanced Services data is designed to have higher 
immunity to certain channel impairments than Main Service data, but Enhanced Services data is 
delivered at a reduced information rate selected by the broadcaster from the specified options.543  
A/53:2007 further describes the coding constraints that apply to the use of the MPEG-2 systems 
specification544 in the DTV system, including mandatory main and optional enhanced services.545  
It also improves the Active Format Description (AFD) specifications by revising and clarifying 
the relevant standards.546  
182. Given these advantages, we find that updating the rules with the latest version of 
the ATSC DTV transmission standard today will benefit both broadcasters and consumers by 
allowing broadcasters the flexibility to offer new technological services.  We cannot, however, 
establish Harris proposed streamlined approach547 to automatically update our rules when ATSC 
updates its standards.548
2. Active Format Description (AFD)
183. We will not require broadcasters to use AFD.  Broadcasters that choose to use 
AFD, however, must adhere to the ATSC DTV transmission standard A/53:2007.  Although the 
latest ATSC DTV transmission standard does not require the use of AFD,549 we sought comment 
in the Third DTV Periodic Review NPRM550 on whether to require AFD when the active video 
portion picture does not completely fill the coded picture.  All commenters on this issue agree 
that AFD should remain voluntary.551
(Continued from previous page)    
rate options are defined, and the payload assignment between the Enhanced 8-VSB and the Main Mode data is 
selectable at discretely defined values.).
542 Id. at 19.
543 Id. at 9.
544 ISO/IEC IS 13818-1-2000 (E), International Standard, Information technology  Generic coding of moving 
pictures and associated audio information system.
545 A/53 Part 3:2007 at 9.
546 A/53 Part 4:2007 at 14.
547 Harris Comments at 4-5.
548 5 U.S.C.  553; See Sprint Corp. v. Federal Communications Comn, 315 F3d 369 (D.C. Cir. 2003) (changing 
the obligations of a party requires actual notice); SBC Inc. v. Federal Communications Comn, 414 F.3d 486 (3d Cir. 
2005) (a new rule is subject to notice and comment requirements if it would impose new duties upon regulated 
parties and could not be construed as interpretative, clarifying and explaining [an] existing rule).  Furthermore, 
regulations prohibit incorporation of ATSC updates by reference.  1 C.F.R. 51.1 (disallowing future amendments or 
revisions to be incorporated by reference).  
549 A/53, Part 4:2007 at 14.  See also Second DTV Periodic Report and Order, 19 FCC Rcd at 18341-42,  145 
(declining to mandate broadcasters use of AFD).
550 Third DTV Periodic Review NPRM, 22 FCC Rcd at 9524,  116.
551 MSTV/NAB Comments at 29-30; Cox Comments at 7 (citing lack of equipment and newness of the AFD and 
SMPTE standards).  NCTA Reply at 10 (noting it is still too early in the implementation and testing of AFD 
technology to determine whether it should be used ubiquitously by broadcasters or cable operators); CEA 
Comments at 3.  
Federal Communications Commission FCC 07-228
97
184. We agree with commenters that it would be premature to require mandatory 
broadcaster use of AFD, given that the standard is relatively new and has not yet been required 
through the ATSC standard.552 We do, however, encourage television manufacturers to 
implement the SMPTE standard and CEA-CEB16 into their TV sets, which will better allow 
broadcasters to take advantage of tools such as AFD to ensure that viewers receive a signal that 
is optimized for their TV set.  We find that these voluntary, industry driven efforts are sufficient 
and, thus, will not require broadcasters to use AFD until such time that AFD data can be 
consistently deployed by manufacturers and content providers, and received by the public.  For 
example, we recognize that not all content providers now uniformly provide AFD data to 
broadcasters.  Moreover, not all consumers are equipped to obtain the benefits of AFD.553 We 
will monitor and may revisit it when more content providers provide AFD data to broadcasters 
and when more consumers obtain DTV receiving equipment that could pass through the AFD 
data to them.554 We expect that broadcasters will have an incentive to use AFD to make their 
programming attractive to viewers when they are ready and able to do so.  We note that we will 
address the issue raised in comments concerning requirements that certain MVPDs pass through 
AFD data to their subscribers.555 This issue is raised in the Third Further Notice of Proposed 
Rule Making in the DTV Must Carry proceeding.556
3. Program System and Information Protocol (PSIP) Standard 
185. We adopt our proposal in the Third DTV Periodic Review NPRM557 to update 
Section 73.682(d) to reflect the latest revisions to the ATSC PSIP standard since the Second DTV 
Periodic Report and Order.558 Accordingly, we will incorporate into Section 73.682(d) by 
reference the latest version of the ATSC PSIP standard A/65C into our rules.559 The record 
supports updating our rules to reflect the latest version of the ATSC PSIP standard,560 which 
includes additional benefits such as updated Event Information Tables (EITs).  We find that 
the updated ATSC PSIP standard enhances consumers viewing experience by providing detailed 
information about digital channels and programs, such as how to find a programs closed 
  
552 MSTV/NAB stated that at this time the Commission should refrain from requiring AFD because it would be 
premature to do so while the industry standard remains incomplete.  MSTV/NAB Comments at 30.  See also Cox 
Comments at 7-8 (noting that the ink is barely dry on the ATSC and SMPTE standards); NCTA Reply at 10.
553 See Cox Comments at 7-8 (stating that it is not clear to Cox that equipment necessary for robust insertion and 
reception of AFD data is generally available.)
554 In the Second DTV Periodic Report and Order, the Commission noted, [A]s more consumers acquired 
widescreen aspect ratio sets, the problem of postage stamp video would become more prevalent if not addressed 
by broadcasters.  Moreover, the Commission found that broadcasters would want to make their programming 
attractive to viewers as they began to adopt DTV.  Second DTV Periodic Report and Order, 19 FCC Rcd at 18341-
42,  143, 145.
555 See Tribune Comments at 23-26; NCTA Reply at 9-11.
556 See Cable Viewability Order, supra, note 78.
557 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9527,  118.
558 Second DTV Periodic Report and Order, 19 FCC Rcd at 18345-46,  152.
559 See revised rule 47 C.F.R.  73.682(d) in Appendix B, infra.
560 ATSC Comments at 3; MSTV/NAB Comments at 30; Tribune Comments at 23-4; LG Comments at 3; Harris 
Comments at 4.  We did not receive comments related to the proposals impact on small broadcasters.
Federal Communications Commission FCC 07-228
98
captions, multiple streams and V-chip information.561 We agree with the commenters that the 
benefits of the updated ATSC PSIP standard to both broadcasters and consumers outweighs any 
additional burden placed on broadcasters.562 We recognize, however, that it may take time for 
broadcasters to implement the new ATSC PSIP standard.  Therefore, in order to give 
broadcasters adequate time to come into compliance, this requirement will take effect 120 days 
after publication in the Federal Register.563
186. PSIP data is transmitted along with a stations DTV signal and provides DTV 
receivers with information about the station and what is being broadcast.564 PSIP data provides a 
method for DTV receivers to identify a DTV station and to determine how a receiver can tune to 
it.  For any given station, the PSIP data transmitted along with the digital signal identifies both 
its DTV channel number and its analog channel number (referred to as the major channel 
number), thereby making it easy for viewers to tune to the stations DTV channel even if they 
only know the stations major channel number.  In addition, PSIP data tells the receiver whether 
multiple program streams are being broadcast and, if so, how to find them.  It also identifies 
whether the programs are closed captioned, conveys available V-chip information, and provides 
program information, among other things.  
187. The updated ATSC PSIP standard further enhances the PSIP standard and support 
for delivery of data.  This latest revision requires broadcasters to populate the EITs with accurate 
information about each event and to update the EIT if more accurate information becomes 
available.  Under the previous version of the standard, A/65-B, many broadcasters provide only 
general information in the EIT.  For example, a network affiliate may provide nothing more 
informative than network programming as the descriptor for the majority of its program 
offerings. 
188. We expect broadcasters to fully implement PSIP to the extent that ATSC A/65C 
requires, once the revised Section 73.682(d) becomes effective.565 We remind broadcasters of 
the need to be consistent at all times and locations.  For example, if a broadcaster transmits a 
program in standard definition, the PSIP information should state that the programming is being 
broadcast in standard definition, as opposed to High Definition.  In addition, the Transport 
Stream Identifier (TSID) information should be consistent in the Terrestrial Virtual Channel 
  
561 Second DTV Periodic Report and Order, 19 FCC Rcd at 18343-44,  149. 
562 Notably, we received no comments to our inquiry about the potential burden that compliance with the updated 
PSIP standard would place on broadcasters, and in particular small broadcasters. See Third DTV Periodic Review 
NPRM, 22 FCC Rcd at 9527,  118.
563 See revised rule 47 C.F.R.  73.682(d) in Appendix B, infra.
564 See ATSC website, PSIP Informational Documents at http://www.psip.org/psip_information.html. (PSIP is a 
small collection of tables designed to operate within every Transport Stream (TS) for terrestrial broadcast of digital 
television.  Its purpose is to describe the information at the system and event levels for all virtual channels carried in 
a particular TS.  Additionally, information for analog channels as well as digital channels from other Transport 
Streams may be incorporated.  There are two main categories of information in the ATSC PSIP Standard, system 
information and program data.  System information allows navigation and access of the channels within the DTV 
transport stream, and the program data provides necessary information for efficient browsing and event selection.  
Some tables announce future events and some are used to locate the digital streams than make up an event.  The 
PSIP data are carried via a collection of hierarchically arranged tables.)
565 See Ex Parte Letter from Michael P. Fortkort, counsel to Wi-Lan V-Chip Corp. to Marlene Dortch, Secretary, 
FCC (dated Aug. 8, 2007) (Wi-Lan ex parte letter).
Federal Communications Commission FCC 07-228
99
Table (TVCT), Program Association Table (PAT).  Moreover, when a program goes 
overtime, the station should update the EIT.  Proper implementation of the standard requires 
broadcasters to populate the required tables and descriptors with the correct information to help 
receivers assemble functioning guides.  Adoption of this standard also mandates completing 
tables and descriptors that require one time setup to be set correctly, including TSID, Short 
Channel Names, Service Type, Modulation Mode Source ID and Service Location Descriptor.  
Also, broadcasters must accurately fill the contents of the fields and the descriptors of each event 
descriptor loop with the known information about each event at the time the event is created and 
shall update each field if more accurate information becomes available.  The Commission will 
continue to monitor these issues and act accordingly. 
189. Finally, a couple of comments noted, in response to our inquiry in the Third DTV 
Periodic Review NPRM,566 that PSIP information may not be passed through to cable and 
satellite subscribers.567 We will address such program-related PSIP issues in our DTV Must 
Carry proceeding.568
190. DTV Tuner Requirement. We take this opportunity to correct a ministerial error 
to our rules regarding the DTV Tuner requirements for television receivers and receiving 
devices.  As noted above,569 the Commission required in the 2005 DTV Tuner Order that 
responsible parties equip television receivers with screens less than 13 that are imported into 
this country or shipped in interstate commerce on and after March 1, 2007, with the capability to 
receive  broadcast digital television signals because we concluded that it would benefit 
consumers and the purposes of the broadcast television service and its transition to digital 
operation to require that receivers with screens less than 13 are able to receive digital signals on 
the same schedule as other TV receiver products.570 We adopted these requirements through the 
appropriate notice and comment procedures, and modified the relevant section of our Rules to 
show March 1, 2007, as the accelerated deadline,571 but we inadvertently omitted to delete the 
exception created by Section 15.117(i)(2) for units with integrated tuners/displays that have 
screen sizes measuring less than 7.8 inches vertically, i.e., the vertical measurement of a screen 
in the 4:3 aspect ratio that measures 13 [sic] diagonally across the picture viewing area.572  
Accordingly, we shall correct Section 15.117(i)(2) by striking the inappropriate language.573
191. V-Chip Requirements:  We also take this opportunity to conform the V-Chip rule 
codified in the Code of Federal Regulations574 to the modification of that rule adopted in the 
  
566 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9527,  119.  Digital cable systems with activated 
channel capacity of 750 MHz or greater are required to include in-band PSIP when available from the provider. 47 
C.F.R.  76.640(b)(1)(iv).
567 See, e.g., COAT Comments at 5; Capitol Comments at 11 (saying some cable and satellite headends may not 
receive a clear off-the-air signal).
568 See Cable Viewability Order, supra, note 78.
569 See supra note 71.
570 2005 DTV Tuner Order, 20 FCC Rcd at 18616,  25.
571 See 47 C.F.R.  15.117(i)(1).
572 47 C.F.R.  15.117 (i)(2).
573 See revised rule 47 C.F.R.  15.117(i)(2) in Appendix B, infra.
574 See 47 C.F.R.  15.120(b).
Federal Communications Commission FCC 07-228
100
Second DTV Periodic Report and Order.575 Section 15.120(b) of the Commissions rules 
requires that all TV broadcast receivers with picture screens 13 inches or larger in diameter 
comply with the V-Chip requirements.  The codified rule provides:576
15.120 Program blocking technology requirements for television receivers.
*****
(b) Effective January 1, 2000, all TV broadcast receivers as defined in section 15.3(w) of 
this chapter, including personal computer systems meeting that definition, with picture 
screens 33 cm (13 in) or larger in diameter shipped in interstate commerce or 
manufactured in the United States shall comply with the provisions of paragraphs (c), (d), 
and (e) of this section. 
192. In 2004, the Second DTV Periodic Report and Order extended the V-Chip 
requirements to DTV tuners which are sold without an associated display device, such as analog-
to-digital converter boxes, DVD recorders, and other nondisplay devices with DTV tuners.  In 
addition, the Second DTV Periodic Report and Order adopted measurement criteria associated 
with the 16:9 aspect ratio for devices that include a display.  Specifically, the Second DTV 
Periodic Report and Order provided:
Additionally, we are adopting our proposal to apply v-chip rules to digital television 
receivers with displays in the 16:9 aspect ratio that are 7.8 inches or greater in height. 
Furthermore, we are requiring that v-chip technology be included in all digital television 
receivers with integrated 4:3 displays measuring at least 13 inches diagonally.  Similar to 
our requirements for closed caption capabilities in digital television receivers, the rules 
will also be applicable to DTV tuners which are sold without an associated display 
device.577
193. The Commission, however, did not make the corresponding revisions to section 
15.120(b) as codified in the CFR to reflect these changes.  We now make this adjustment to the 
codified rule to reflect the revision adopted in 2004.  We also correct the rule reference to 
diameter, which should have been measured diagonally in the rules to conform with the 
description adopted in the V-Chip Order (Technical Requirements to Enable Blocking of Video 
Programming Based on Program Ratings, 13 FCC Rcd 11248 (1998)).
194. These changes are permitted because they simply conform the codified rule to the 
rule amendment adopted by the Commission in the Second DTV Periodic Report and Order after 
notice and comment.  Therefore, we find good cause under Section 553 of the APA for making 
this conforming change because additional notice and comment is unnecessary.578
  
575 19 FCC Rcd 18279, 18348.
576 47 C.F.R.  15.120(b).
577 19 FCC Rcd 18279, 18348 (emphasis added).
578 See 47 U.S.C.  553(b). Cf., Federal Express Corp. v. Mineta, 373 F.3d 112, 120 (D.C.Cir. 2004) (agency was
found to have satisfied the notice and comment requirements of the APA where it provided an opportunity to 
comment before adopting the final rule and requiring the agency to take further comments would serve no useful 
purpose).
Federal Communications Commission FCC 07-228
101
4. Fees for Ancillary and Supplementary Services
195. We hereby revise Section 73.624(g) to include permittees operating pursuant to an 
STA or any other FCC instrument authorizing DTV transmissions that earn revenue from feeable 
ancillary and supplementary services.579 As currently written, this rule refers to the payment of 
such fees only by DTV licensees.  In the Third DTV Periodic Review NPRM, we sought 
comment on Section 73.624(g) of the Commissions rules, which requires DTV licensees to 
report whether they have provided ancillary and supplementary services and, if so, pay a fee of 
five percent of gross revenues derived from certain of those services.  We asked whether the 
Commission can and should revise its rules to require that all DTV broadcasters should be 
subject to the provisions of Section 73.624(g).580 We did not receive any comments on this issue.
196. The Telecommunications Act of 1996 (1996 Act)581 established the framework 
for licensing DTV spectrum to existing broadcasters and authorized the Commission to permit 
broadcasters the opportunity to offer ancillary or supplementary services consistent with the 
public interest.582 The 1996 Act also required the Commission to establish a program to assess 
and collect fees for certain ancillary or supplementary services. 583 In 1999, the Commission 
adopted rules implementing this provision.584 Section 73.624(g) of the Commissions rules 
  
579 See revised rule 47 C.F.R.  73.624(g) in Appendix B, infra.
580 47 C.F.R. 73.624(g).
581 Pub. L. No. 104-104, 110 Stat. 56  201 (1996), codified at 47 U.S.C.  336.
582 47 U.S.C.  336(b)(3), (5).
583 47 U.S.C.  336(e) provides, in pertinent part: FEES
(1) SERVICES TO WHICH FEES APPLY. If the regulations prescribed pursuant to subsection (a) permit a 
licensee to offer ancillary or supplementary services on a designated frequency 
(A) for which the payment of a subscription fee is required in order to receive such services, or
(B) for which the licensee directly or indirectly receives compensation from a third party in return for transmitting 
material furnished by such third party (other than commercial advertisements used to support broadcasting for which 
a subscription fee is not required), 
the Commission shall establish a program to assess and collect from the licensee for such designated frequency an 
annual fee or other schedule or method of payment that promotes the objectives described in subparagraphs (A) and 
(B) of paragraph (2).
(2) COLLECTION OF FEES.  The program required by paragraph (1) shall 
(A) be designed (i) to recover for the public a portion of the value of the public spectrum resource made available 
for such commercial use, and (ii) to avoid unjust enrichment through the method employed to permit such uses of 
that resource;
(B) recover for the public an amount that, to the extent feasible, equals but does not exceed (over the term of the 
license) the amount that would have been recovered had such services been licensed pursuant to the provisions of 
section 309(j) of this Act and the Commissions regulations there under; and 
(C) be adjusted by the Commission from time to time in order to continue to comply with the requirements of this 
paragraph.
584 See Fees for Ancillary or Supplementary Use of Digital Television Spectrum Pursuant to Section 336(e)(1) of the 
Telecommunications Act of 1996, MM Docket No. 97-247, Report and Order, 14 FCC Rcd 3259 (1998), recon. 
denied, 14 FCC Rcd 19931 (1999).  Section 73.624(g) provides, in pertinent part: Commercial and noncommercial 
DTV licensees must annually remit a fee of five percent of the gross revenues derived from all ancillary or 
(continued.)
Federal Communications Commission FCC 07-228
102
requires all [c]ommercial and noncommercial DTV licensees to remit annually to the 
Commission a fee of five percent of the gross revenues derived from feeable ancillary or 
supplementary services.  The Commission created FCC Form 317 to be filed annually by DTV 
licensees to report whether they have provided ancillary or supplementary services in the 
previous year and whether any of the services provided were subject to a fee.585
197. The Commission has allowed some DTV stations to provide DTV service 
pursuant to an STA.586 Because the Commissions rules apply the fee requirement to licensees, 
however, stations operating pursuant to an STA have not been filing Form 317 or paying fees on 
any feeable services they might be providing.
198. Section 336(e)587 of the Act uses the term licensees in directing the Commission 
to collect fees for ancillary or supplementary use of a frequency.  However, neither the statute 
nor the legislative history suggest that the use of the term licensee was intended to create a 
limited identifiable class of DTV broadcasters that would be subject to the fee provisions of 
Section 336(e).  In addition, we note that a primary goal of the legislation is: (i) to recover for 
the public a portion of the value of the public spectrum resource made available for such 
commercial use, and (ii) to avoid unjust enrichment through the method employed to permit such 
uses of that resource.588 The statute is silent on the precise issue at hand, i.e., whether DTV 
broadcasters that are operating pursuant to STA or other FCC authorization should similarly be 
required to pay fees on revenues received in connection with feeable ancillary or supplementary 
services.  However, we conclude that the current system, by excluding some broadcasters, limits 
the publics recovery and thus unfairly advantages those who fall outside the scope of the current 
rule.  Accordingly, we will widen the class of broadcasters included in Section 73.624(g) to 
better carry out our obligation under Section 336(e) to ensure that the public recovers a portion 
of the value of the public spectrum resource made available for commercial use and avoid unjust 
enrichment of broadcasters that use that resource.589
5. Station Identification
199. We revise our rules regarding station identification requirements for digital 
stations in circumstances in which one of a stations multicast streams is being used to air 
programming provided by another broadcast station, such as a low power station, or another 
programming source.  In these situations, we will not require that the source of the programming 
be identified by the station whose multicast stream is being used to carry the programming.590  
(Continued from previous page)    
supplementary services, as defined by paragraph (b) of this section, which are feeable, as defined in paragraphs 
(g)(2)(i) through (ii) of this section. 47 C.F.R.  73.624(g) (emphasis in original).  
585 If a licensee has provided feeable services during the 12 month period ending on September 30, the licensee is 
required to remit the fee for such services by December 1 of that year on FCC Form 159.  47 C.F.R.  
73.624(g)(2)(ii).
586 See Review of the Commissions Rules and Policies Affecting the Conversion to Digital Television, MM Docket 
No. 00-39, Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 20594, 20607,  34-36 (2001).
587 47 U.S.C. 336(e).
588 47 U.S.C.  336(e)(2)(A).
589 Id. We revise FCC Form 317, accordingly.  See changes to FCC Form 317 in Appendix C, infra. 
590 Thus, if Station WYYY-DT is using one of its multicast streams to carry the programming of WXXX, WYYY-
DT is not required to identify WXXX as the source of this programming.  However, both WYYY and WXXX must 
otherwise comply with the station identification requirements in 47 C.F.R.  73.1201 and must air station 
(continued.)
Federal Communications Commission FCC 07-228
103
However, if the station whose multicast stream is being used to carry the programming chooses 
to identify the station that is the source of the programming, we will require that the following 
format be used:591
Station WYYY-DT, community of license (call sign and community of license 
of the station whose multicast stream is transmitting the programming), bringing you 
WXXX, community of license (call sign and community of license of the licensee 
providing the programming).
200. We invited comment in the Third DTV Periodic Review NPRM on whether our 
current station identification rules for digital stations provide sufficient clarity to broadcasters 
and viewers.  We specifically invited comment on whether the current rules provide for 
appropriate identification of multicast channels, particularly in circumstances in which one of a 
stations multicast streams is being used to air programming provided by another broadcast 
station, such as a low power station. While we received no comment on this issue, we find that it 
is appropriate to revise our rules to enable stations that are sharing their broadcast streams with 
other licensees to provide clear identification of both the programming source (the station 
providing the programming) and the station on whose multicast stream the programming is 
transmitted.592 We are aware that stations are increasingly sharing spectrum with other licensees 
and the Media Bureau receives numerous informal requests for guidance regarding station 
identification requirements in these circumstances.  We find that the approach we adopt today 
will provide for clear identification of stations in situations in which a multicast station carrying 
programming provided by another station chooses to identify that station as the source of the 
programming.  As stations transition to digital format and provide multicast programming, 
thereby increasing the number of program streams potentially available to the public, clear 
identification of the station providing the programming viewers are watching becomes 
increasingly important, both for the viewers and for stations themselves.593
201. Background. In 2004, the Commission established rules generally requiring DTV 
stations to follow the same rules for station identification as analog stations.594 Specifically, 
digital stations are required to make station identification announcements, either visually or 
aurally, at the beginning and end of each time of operation as well as hourly. The identification 
must consist of the station's call letters followed by the community or communities specified in 
the station's license as the station's location. Stations may insert between the call letters and the 
station's community of license the station's frequency, channel number, name of the licensee, 
and/or the name of the network, at their discretion.
(Continued from previous page)    
identification announcements for programming being transmitted by the station.  Thus, for example, WXXX must 
air announcements with respect to its transmissions in its local market.
591 See revised rule 47 C.F.R.  73.1201(b) in Appendix B, infra.
592 Station identification is required only for licensees and permittees.  Other programming providers need not be 
identified except as required by the sponsorship identification rules. See 47 C.F.R.  73.1212.
593 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18354, 171.
594 See id. at 18353-55,  169-173.  See also 47 C.F.R.  73.1201.
Federal Communications Commission FCC 07-228
104
202. A station choosing to include its channel number in its station identification must 
use the major (analog) channel number.595 The Commission adopted the ATSC A/65B standard 
and noted that PSIP, which is part of that standard, allows viewers to see a broadcaster's major 
channel number regardless of the broadcaster's allotted frequency for its digital broadcast 
channel.596 The Commission permitted stations choosing to multicast to include additional 
information in their station announcements identifying each of the stations program streams.597
203. Discussion.  We hereby revise our station identification rules for those stations 
that broadcast a multicast stream that airs programming provided by another broadcast station 
and that choose to identify the station that is the source of the programming.  When a station 
chooses to make such identification, we will require that the following format be used: Station 
WYYY-DT, community of license (call sign and community of license of the station whose 
multicast stream is transmitting the programming), bringing you WXXX, community of license 
(call sign and community of license of the licensee providing the programming).  The 
transmitting station may insert between its call letters and its community of license the following 
information: the frequency of the transmitting station, the channel number of the transmitting 
station, the name of the licensee of the transmitting station and the name of the licensee 
providing the programming, and/or the name of the network affiliation for either station.  Where 
a multicast station is carrying the programming of another station and is identifying that station 
as the source of the programming, using the mandatory format described above, to avoid 
confusion the identification should not include the frequency or channel number of the program 
source.
  
595 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18354-55,  172.  See also 47 C.F.R.  73.1201(b).  
Thus, a broadcaster who operates an NTSC service on channel 26 and a DTV service on channel 27 would use 
the major channel 26 in station identification announcements. Id.
596 See id.  This allows broadcasters to keep their existing channel number in the digital world, thereby assisting 
viewers who have come to identify these numbers with particular broadcasters and preserving the investment 
broadcasters have made in marketing these numbers.  Id.
597 See id. Thus, a station with major channel number 26 might have channel 26.0 (NTSC program stream), channel 
26.1 (HDTV), and 26.2 (SDTV).  Stations may provide information in the station announcement identifying the 
network affiliation of the program service (e.g., WXXX-DT, channel 26.1, YYY (community of license), your QQ 
network channel). Stations simulcasting their analog programming on their digital channel are permitted to make 
station identification announcements simultaneously for both stations as long as the identification includes both call 
signs (e.g., WXXX-TV and WXXX-DT) if it is intended to serve as the identification for both program streams. 
Stations simulcasting the analog stream on the digital channel may also do a shortened identification for both 
streams (e.g., WXXX-TV/DT). Id.
Federal Communications Commission FCC 07-228
105
VI. PROCEDURAL MATTERS
A. Final Regulatory Flexibility Analysis
204. As required by the Regulatory Flexibility Act of 1980 (RFA),598 the 
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this 
Report and Order.  The FRFA is set forth in Appendix E. 
B. Final Paperwork Reduction Act Analysis
205. This Report and Order has been analyzed with respect to the Paperwork 
Reduction Act of 1995 (PRA),599 and contains new and modified information collection 
requirements for full-power television broadcast stations, including the following:  (1) Stations 
must file forms no later than February 18, 2008 detailing their transition plans and status (using 
FCC Form 387) and must update this form as events warrant and by October 20, 2008 if they 
have not completed construction;600 (2) Stations without a construction permit for their final, 
post-transition (DTV) facility must file an application to construct or modify that facility (using 
FCC Forms 301 and 340),601 stations without a license for their final, post-transition (DTV) 
facility must file an application for a license to cover that facility (using FCC Form 302 DTV),602
and stations may request authority to transition early to their post-transition channel (also using 
FCC Forms 301 and 340);603 (3) Stations with a construction deadline on or before February 17, 
2009 may file a request for an extension of time to construct their final, post-transition (DTV) 
facility (using FCC Form 337); (4) Stations with a construction deadline occurring February 18, 
2009 or later may file a notification of an event that would toll their deadline to construct their 
final, post-transition (DTV) facility (using FCC Informal Application Form);604 (5) Stations may 
file a request for STA approval to temporarily remain on their in-core pre-transition DTV 
channel after the transition date (using FCC Informal Application Form);605 (6) Stations may file 
a request for STA approval to build less than full, authorized post-transition facility by the 
transition date (using FCC Informal Application Form);606 (7) Stations may file a notification 
pursuant to Section 73.1615 to temporarily reduce or cease existing analog or pre-transition DTV 
service where necessary to facilitate construction of final, post-transition facilities (using FCC 
  
598 See 5 U.S.C.  603.  The RFA, See 5 U.S.C.  601 et. seq., has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996).  The SBREFA 
was enacted as Title II of the Contract With America Advancement Act of 1996 (CWAAA).
599 The Paperwork Reduction Act of 1995 (PRA), Pub. L. No. 104-13, 109 Stat 163 (1995) (codified in Chapter 
35 of title 44 U.S.C.).
600 See, supra, Section V.A.1.  See OMB Control No. 3060-1105 (Form 387).
601 See, supra, Section V.D.  See OMB Control Nos. 3060-0027 (Form 301) and 3060-0029 (Form 340).
602 See, supra, Section V.D.2.  See OMB Control No. 3060-0029 (Form 302-DTV).
603 See, supra, Section V.C.3.a.  See OMB Control Nos. 3060-0027 and 3060-0029.
604 See, supra, Section V.B.5.  See OMB Control Nos. 3060-1001 (to be discontinued) and 3060-0407 (consolidating 
the collections for Form 337 and 47 C.F.R.  73.3598).
605 See, supra, Section V.B.7.a.  See OMB Control No. 3060-0386 (47 C.F.R.  73.1635).
606 See, supra, Section V.B.7.b.  See OMB Control No. 3060-0386 (47 C.F.R.  73.1635).
Federal Communications Commission FCC 07-228
106
Informal Application Form);607 (8) Stations may file a request for STA approval to permanently 
reduce or terminate analog or pre-transition DTV service where necessary to facilitate 
construction of final, post-transition facilities (using FCC Informal Application Form);608 (9) 
Stations may file a notification to permanently reduce or terminate analog or pre-transition DTV 
service within 90 days of the transition date (using FCC Informal Application Form);609 (10) 
Stations must comply with the PSIP requirement to populate the Event Information Tables 
(EITs) with accurate information about each event and to update the EIT if more accurate 
information becomes available;610 (11) Stations must comply with the station identification rules 
that require a DTV station which chooses to identify a licensee that it is transmitting on one of its 
multicast streams to follow a specific format for making such a station identification 
announcement;611 (12) Stations must comply with a viewer notification requirement (i.e., stations 
must notify viewers about their planned service reduction or termination) if: (a) they will 
permanently reduce or terminate analog or pre-transition digital service before the transition 
date,612 or (b) they will not serve at least the same population that receives their current analog 
TV and DTV service on February 18, 2009;613 (13) Stations claiming a unique technical 
challenge warranting a February 17, 2009 construction deadline must file a notification to 
document their status (using FCC Informal Application Form), if they do not file, or do not 
include such information in, an application for post-transition facilities (Forms 301 or 340);614
and (14) DTV stations that are permittees must comply with the requirements for feeable 
ancillary or supplementary services in Section 73.624(g) (using FCC Form 317).615
206. The Commission, as part of its continuing effort to reduce paperwork burdens, 
invited the Office of Management and Budget (OMB) and the general public to comment on 
the information collection requirements contained in the Third DTV Periodic Review NPRM.616  
On June 22, 2007, the Commission submitted the proposed information collection requirements 
to OMB for review under Section 3507(d) of the PRA.617 On July 9, 2007, the Commission 
published a Federal Register Notice addressing the burdens contained in the proposed 
information collection requirements and seeking comments from the public.618 On August 15, 
2007, OMB issued a Notice of Action and filed comments to each of these proposed information 
  
607 See, supra, Section V.C.1.  See OMB Control Nos. 3060-0181 (47 C.F.R.  73.1615) and 3060-0386 (47 C.F.R. 
 73.1635).
608 See, supra, Section V.C.2-3.  See OMB Control No. 3060-0386 (47 C.F.R.  73.1635).
609 See, supra, Section V.C.4.  See OMB Control No. 3060-0386 (47 C.F.R.  73.1635).
610 See, supra, Section V.H.3.  See OMB Control No. 3060-1104 (47 C.F.R.  73.682(d)).
611 See, supra, Section V.H.5.  See OMB Control No. 3060-0466 (47 C.F.R.  73.1201(b)).
612 See, supra, Section V.C. (New collection.)
613 See, supra, Sections V.B.5. and V.B.7.(New collection.)
614 See, supra, Sections V.B.3. (New collection.)
615 See, supra, Section V.H.4.  See OMB Control No. 3060-0906 (47 C.F.R.  73.624(g)).
616 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9529-30,  127-129.
617 44 U.S.C.  3507(d).  See OMB Control Nos. 3060-0027, 3060-0029, 3060-0216, 3060-0386, 3060-0407, 3060-
1104, and 3060-1105.
618 See 72 Fed. Reg. 37310 (September 26, 2007).
Federal Communications Commission FCC 07-228
107
collection requirements.  No other comments were filed with respect to these proposed 
collections.  We note that some of the collections remain unchanged from when they were 
previously published in the Federal Register and submitted to OMB, while others that were 
submitted have been slightly revised, with such changes being largely procedural in nature (e.g., 
filing date change, method of filing, etc.).  In addition to the collections proposed in the Third 
DTV Periodic Review NPRM, this Report and Order also contains additional new or modified 
information collection requirements.  Finally, we also note that, pursuant to the Small Business 
Paperwork Relief Act of 2002 (SBPRA), the Commission sought specific comment in the 
Third DTV Periodic Review NPRM619 on how it might further reduce the information collection 
burden for small business concerns with fewer than 25 employees.620 We received no comment 
on this issue.
207. The information collection requirements adopted in this Report and Order will be 
submitted to OMB for final review under Section 3507(d) of the PRA,621 and OMB and the 
public will be afforded an opportunity to file comments on these final information collections.  
The Commission will seek emergency approval from OMB for Items 1-3 (noted above in 
paragraph 193) based, in part, on the prior submission for OMB approval of these information 
collection requirements.622 The Commission will publish a Federal Register Notice addressing 
the burdens contained in each final information collection adopted in this proceeding.  The 
Commission will also publish a separate notice seeking comments from the public and OMB on 
the final information collection requirements. 
C. Congressional Review Act 
208. The Commission will send a copy of this Report and Order in a report to be sent 
to Congress and the Government Accountability Office, pursuant to the Congressional Review 
Act.623
D. Additional Information
209. For additional information on this proceeding, contact Evan Baranoff, 
Evan.Baranoff@fcc.gov, Eloise Gore, Eloise.Gore@fcc.gov, Kim Matthews, 
Kim.Matthews@fcc.gov, or Maureen McCarthy, Maureen.McCarthy@fcc.gov of the Media 
Bureau, Policy Division, (202) 418-2120; John Gabrysch, John.Gabrysch@fcc.gov, or Gordon 
Godfrey, Gordon.Godfrey@fcc.gov, of the Engineering Division, Media Bureau at (202) 418-
7000; or Shaun Maher, Shaun.Maher@fcc.gov, or Nazifa Sawez, Nazifa.Sawez@fcc.gov, of the 
Media Bureau, Video Division, (202) 418-1600.
  
619 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9530,  128.
620 The Small Business Paperwork Relief Act of 2002 (SBPRA), Pub. L. No. 107-198, 116 Stat 729 (2002) 
(codified in Chapter 35 of title 44 U.S.C.); See 44 U.S.C. 3506(c)(4).
621 44 U.S.C.  3507(d).
622 See OMB Control Nos. 3060-0027, 3060-0029, 3060-0407, and 3060-1105.
623 See 5 U.S.C.  801(a)(1)(A).  The Congressional Review Act is contained in Title II,  251, of the CWAAA; See 
Pub. L. No. 104-121, Title II,  251, 110 Stat. 868.
Federal Communications Commission FCC 07-228
108
VII. ORDERING CLAUSES
210. IT IS ORDERED that, pursuant to the authority contained in Sections 1, 4(i) and 
(j), 7, 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336, and 337 of the 
Communications Act of 1934, 47 U.S.C  151, 154(i) and (j), 157, 301, 302a, 303, 307, 308, 
309, 312, 316, 318, 319, 324, 325, 336, and 337, this Report and Order IS ADOPTED and the 
Commissions rules ARE HEREBY AMENDED as set forth in Appendix B.  We find good 
cause for the rules, forms and procedures adopted in this Report and Order to be effective upon 
publication of the summary of the Report and Order in the Federal Register to ensure that full 
power television stations can meet the statutory deadline for transitioning to all digital service,624
except for rule sections 47 C.F.R.  73.682(d), 73.8000(b), and 73.9000(k), provided, however, 
that the rules, forms and procedures described in paragraph 205, supra, contain information 
collection requirements subject to the PRA and are not effective until approved by the OMB.  
The Commission will publish a notice in the Federal Register announcing when OMB approval 
for these rules and forms has been received.  Rule sections 47 C.F.R.  73.682(d), 73.8000(b), 
and 73.9000(k) shall become effective 120 days after publication in the Federal Register, subject 
to OMB approval by this date.  The Commission will publish a notice in the Federal Register 
announcing when OMB approval for these rule sections has been received and when these rules 
will take effect.
211. IT IS FURTHER ORDERED that, pursuant to 47 U.S.C.  155(c), the Chief, 
Media Bureau, is GRANTED DELEGATED AUTHORITY to make revisions where necessary 
to and establish filing deadlines for the electronic forms adopted in this Report and Order.  
212. IT IS FURTHER ORDERED THAT the filing deadline for FCC Form 387 is 
February 18, 2008, subject to OMB approval by this date, for all television licensees and 
permittees.
213. IT IS FURTHER ORDERED that, pursuant to 47 U.S.C.  155(c), the Chief, 
Media Bureau, is GRANTED DELEGATED AUTHORITY to conduct expedited rulemaking 
proceedings to amend the DTV Table of Allotments and Appendix B to the DTV Table of 
Allotments as needed up to the full power transition deadline, including, as appropriate, 
proceeding without notice and comment for changes that do not adversely affect other stations 
post-transition operations.
214. IT IS FURTHER ORDERED that the Commissions Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this 
  
624 See 5 U.S.C.  553(d)(3) (The required publication or service of a substantive rule shall be made not less than 
30 days before its effective date, exceptas otherwise provided by the agency for good cause found and published 
with the rule.).  See also 47 C.F.R.  1.103(a), 1.427(b).  As described in this Report and Order, full power 
television stations must complete their transition from analog to digital service by February 17, 2009.  For stations 
that must apply for a construction permit to build their post-transition facilities, it is essential that the rules, forms 
and procedures adopted in this Report and Order be effective upon publication in the Federal Register, so that the 
forms are available for filing (subject to OMB approval by that date) to afford stations adequate time for ordering 
equipment and scheduling construction in time to meet this deadline and also to report on their transition status (via 
FCC Form 387) one year in advance of the transition date.  Because FCC Forms 301, 337, 340, and 387 have 
previously been submitted to OMB and because any delay can result in harm to television stations, and, in turn, to 
their viewers, we find that there is good cause to expedite the effective date of the rules, forms and procedures 
adopted in this Report and Order.  For these reasons, we are also requesting emergency PRA approval from OMB 
for the FCC Forms 301, 337, 340, and 387.  See, supra,  207.
Federal Communications Commission FCC 07-228
109
Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration. 
215. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this 
Report and Order in a report to be sent to Congress and the General Accounting Office pursuant 
to the Congressional Review Act, see 5 U.S.C.  801(a)(1)(A).
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Federal Communications Commission FCC 07-228
110
APPENDIX A
List of Commenters
COMMENTS
1. 54 Broadcasting, Inc. (54 Broadcasting) (filed 8/15/07)
2. Advanced Television Systems Committee, Inc. (ATSC) (filed 8/7/07)
3. Agape Church, Inc. (Agape) (filed 8/3/07)
4. Allbritton Communications Company (Allbritton) (filed 8/16/07)
5. Anderson  WFBC-TV Licensee, Inc. (Anderson) (filed 8/15/07)
6. Arkansas Educational Television Commission (filed 8/15/07)
7. Association for Maximum Service Television, Inc. and The National Association of 
Broadcasters, Joint Comments (MSTV/NAB) (filed 8/15/07)
8. Association of Federal Communications Consulting Engineers (AFCCE) (filed 8/15/07)
9. Association of Public Television Stations and the Public Broadcasting Service 
(APTS/PBS) (filed 8/15/07)
10. Bahakel Communications (Bahakel) (filed 8/15/07)
11. Banks Boise, Inc (filed 8/15/07)
12. Barrington Broadcasting Group, LLC (Barrington) (filed 8/15/07)
13. Benton Foundation (Benton.)1 (filed 8/15/07)
14. Board of Governors of Missouri State University (filed 8/14/07)
15. Byron W. St. Clair (St. Clair) (filed 8/15/07)
16. Calipatria Broadcasting Company, LLC (Calipatria) (filed 8/15/07)
17. Capitol Broadcasting Company, Inc.(Capitol) (filed 8/15/07)
18. CBS Corporation (CBS) (filed 8/15/07)
19. Central Michigan University (filed 8/13/07)
20. Chelsey Broadcasting Company of Youngstown, LLC (Chelsey) (filed 8/15/07)
21. Christian Faith Broadcast, Inc. (CFB) (filed 8/15/07)
22. Christian Television Network, Inc, Christian Television Network of Iowa, Inc. and Volunteer 
Christian Television, Inc. (Christian Network) (filed 8/15/07)
23. Coalition of Organizations for Accessible Technology (COAT) (filed 8/9/07)
24. Cox Broadcasting (Cox) (filed 8/15/07)
25. Cohen, Dippell and Everist, P.C. (Cohen, Dippell and Everist) (filed 8/15/07)
26. Community Television of Southern California (filed 8/15/07)
27. Consumer Electronics Association (CEA) (filed 8/15/07)
28. DIRECTV (filed 8/30/07)
29. Du Treil, Lundin & Rackley (dLR) (filed 8/14/07)
  
1 The complete list of commenters jointly filing with the Benton Foundation in this pleading include: The Campaign 
Legal Center, Free Press, communication Service for the Deaf, Hearing Loss Association of America  New York 
State, Northern Virginia Center for Deaf and Hard of Hearing Persons, United States Conference of Catholic 
Bishops, National Hispanic Media Coalition, Democracy Now, consumer Action, Common Cause, Citizen 
Advocacy Center, Common Cause Illinois, Common Cause Michigan, Common Cause Ohio, Common Cause 
Wisconsin, Illinois Campaign for Political Reform, Illinois PIRG, League of Women Voters of Minnesota, League 
of Women Voters of Wisconsin, Ohio Citizen Action Education Fund, Sunshine Project  University of Illinois at 
Springfield, Take Action Minnesota, Wisconsin Democracy Campaign, Michigan Campaign Finance Network, The 
Alliance for Community Media, The Center for Digital Democracy, Chicago Media Action
Federal Communications Commission FCC 07-228
111
30. Educational Broadcast Corporation (EBC) (filed 8/15/07)
31. Entravision Holdings (Entravision) (filed 8/15/07)
32. Esteem License Holdings, Inc. (Esteem) (filed 8/15/07)
33. Georgia Public Telecommunications Commission(filed 8/15/07)
34. Glendive Broadcasting Corporation (Glendive) (filed 8/15/07)
35. Granite Broadcasting Corporation (Granite) (filed 8/15/07)
36. Gray Television, Inc.(Gray Television) (filed 8/15/07)
37. Greater Dayton Public Television, Inc. (Greater Dayton) (filed 8/15/07)
38. Griffin Communications, LLC (Griffin) (filed 8/15/07)
39. Hammett and Edison, Inc. (Hammett and Edison) (filed 8/10/07)
40. Harris Corporation (Harris)(filed 8/10/07)
41. Hawaii Public Television Foundation (Hawaii PTV Foundation) (filed 8/14/07)
42. Hoak Media, LLC (Hoak) (filed 8/15/07)
43. Hubbard Broadcasting, Inc. (Hubbard) (filed 8/15/07)
44. Independence Television Company (Independence) (filed 8/15/07)
45. Independent Communications, Inc. (Independent, KTTM) (filed 10/26/07)
46. Independent Communications, Inc. (Independent, KTTW) (filed 10/26/07)
47. Independent Multifamily Communications Council (IMCC) (filed 11/28/07)
48. Iowa Public Broadcasting Board dba Iowa Public Television (filed 8/15/07)
49. Joseph M. Davis, P.E. (Davis) (filed 8/15/07)
50. KCTS Television (filed 8/13/07)
51. Khanna & Guill, Inc.  Consulting Engineers (Khanna) (filed 8/29/07)
52. Khanna and Guill (Khanna 8/8/07) (filed 8/8/07)
53. KJLA (filed 8/15/07)
54. KRCA License, LLC  (KRCA) (filed 8/15/07)
55. KSLS, Inc (KSLS) (filed 8/15/07)
56. Lambert Broadcasting of Burlington, LLC (Lambert) (filed 8/15/07)
57. LeSEA Broadcasting Corporation (LeSEA) (filed 8/15/07)
58. LATV Networks (LATV) (filed 8/15/07)
59. LG Electronics USA, Inc. (LG) (filed 8/15/07)
60. LIN Television Corporation (LIN) (filed 8/15/07)
61. Long Communications, LLC (Long) (filed 8/15/07)
62. Maranatha Broadcasting Company, Inc. (Maranatha) (filed 8/15/07)
63. Meredith Corporation (Meredith) (filed 8/15/07)
64. Metropolitan Television Alliance, LLC (filed 8/15/07)
65. Mid-South Public Communications Foundation (Mid-South) (filed 8/15/07)
66. Montecito Hawaii License, LLC (Montecito Hawaii) (filed 8/15/07)
67. Montecito Television License Corporation of Wichita (Montecito of Wichita) (filed 
8/15/07)
68. Multicultural Television Broadcasting, LLC (Multicultural) (filed 8/15/07)
69. National Cable and Telecommunications Association (NCTA) (filed 8/15/07)
70. Native American Public Telecommunications (NAPT) (filed 8/15/07)
71. Nebraska Educational Telecommunications Commission and the University of Nebraska 
(Nebraska PTV Licensees) (filed 8/14/07)
72. Nexstar Broadcasting, Inc. (Nexstar) (filed 8/15/07)
73. Northeastern Educational Television of Ohio, Inc (filed 8/15/07)
74. Norwell Television, LLC (Norwell) (filed 8/15/07)
75. Oklahoma Educational Television Authority (filed 8/15/07)
Federal Communications Commission FCC 07-228
112
76. Pappas Telecasting Companies (Pappas) (filed 8/15/07)
77. Parker Broadcasting (Parker)  (filed 8/15/07)
78. Pennsylvania State University (Penn State) (filed 8/15/07)
79. Permian Basin Public Telecommunications, Inc. (Permian Basin) (filed 8/15/07)
80. Post-Newsweek Stations, Inc. (Post-Newsweek) (filed 8/15/07)
81. Public Broadcasting of Northwest Pennsylvania (PBNP) (filed 8/13/07)
82. Quincy Newspapers, Inc. (Quincy) (filed 8/15/07)
83. Raycom Media, Inc. (Raycom) (filed 8/15/07)
84. River Broadcast Co., LLC (Red River) (filed 8/15/07)
85. Rocky Mountain Public Broadcasting Network, Inc (Rocky Mountain) (filed 8/13/07)
86. Saga Quad States Communications, LLC (Saga) (filed 8/15/07)
87. School Board of Miami Dade County, Florida (filed 8/3/07)
88. Scripps Howard Broadcasting Company (Scripps-Howard) (filed 8/15/07)
89. Scripps Howard Broadcasting -- Engineering Statement by John F.X. Browne (Scripps) 
(filed 8/15/07)
90. Shenandoah Valley Educational Television Corporation (SVETC Stations) (filed 8/15/07)
91. Sinclair Broadcast Group, Inc. (Sinclair) (filed 8/15/07)
92. Sistema Universitario Ana G. Mendez, Inc. (filed 8/14/07)
93. Sky Television, LLC (Sky) (filed 8/15/07)
94. Smoky Hills Public Television Corporation (Smoky Hills) (filed 8/13/07)
95. Sorensen Television Systems, Inc (Sorensen) (filed 7/24/07)
96. South Carolina Educational Television Commission (filed 8/13/07)
97. Southeastern Media Holdings, Inc. (filed 8/15/07)
98. Southern Broadcast Company of Sarasota (Broadcast Company of Sarasota) (filed 8/15/07)
99. St. Louis Regional Educational and Public Television Commission (St. Louis PTV) (filed 
8/13/07)
100. State of Wisconsin Educational Communications Board (State of Wisconsin Board) 
(filed 8/14/07)
101. Sunbelt Multimedia Co. (Sunbelt) (filed 8/15/07)
102. Sunflower Broadcasting, Inc (Sunflower) (filed 8/15/07)
103. Thunder Bay Broadcasting Corporation (Thunder Bay) (filed 8/15/07) 
104. Tribune Broadcasting Company (Tribune) (filed 8/15/07)
105. Tri-State Public Teleplex, Inc. (Tri-State) (filed 8/15/07)
106. Twin Cities Public Television, Inc. (Twin Cities) (filed 8/15/07)
107. United Communications Corp. (United) (filed 8/16/07)
108. University of Alaska (filed 8/15/07)
109. University of Houston System (filed 8/15/07)
110. University of Michigan (filed 8/13/07)
111. University of North Carolina (filed 8/15/07)
112. University of Utah and the Utah State Board of Regents (Utah Stations) (filed 8/15/07)
113. Univision (filed 8/15/07)
114. Upper Cumberland Broadcast Council (UCBC) (filed 8/14/07)
115. Valley Public Television, Inc. (Valley) (filed 8/15/07)
116. Vermont ETV, Inc. (Vermont ETV) (filed 8/15/07)
117. Walt Disney Company (Disney) (filed 8/15/07)
118. WBOC, Inc.(WBOC) (filed 8/15/07)
119. WDEF-TV, Inc. (WDEF) (filed 8/15/07)
120. West Virginia Media Holdings, LLC (West Virginia Media Holdings) (filed 8/15/07)
Federal Communications Commission FCC 07-228
113
121. WGBH Educational Foundation (WGBH) (filed 8/15/07)
122. WKSG Public Telecommunications Council (WKSG) (filed 8/15/07)
123. WLNY Limited Partnership (WLNY) (filed 7/9/07)
124. WPSD-TV, LLC (WPSD) (filed 8/15/07)
125. WYFF Hearst-Argyle Television, Inc. (Hearst-Argyle) (filed 8/15/07)
REPLY COMMENTS
1. Ackerley Broadcasting Operations, LLC (filed 8/30/07)
2. Allbritton Communications Co. and Gannett Co., Inc. (filed 8/30/07)
3. Association of Public Television Stations and the Public Broadcasting Service (filed 8/30/07)
4. Barrington Bay City License, LLC (filed 8/30/07)
5. Belo Corp. (filed 8/30/07)
6. Capitol Broadcasting Company, Inc. (filed 8/30/07)
7. Central NY News, Inc. (filed 8/30/07)
8. Cohen, Dippell and Everist, P.C. (filed 8/30/07)
9. Corridor Television, LLP (filed 8/30/07)
10. Dispatch Broadcast Group (filed 9/4/07)
11. DuTreil, Lundin & Rackley (filed 8/30/07)
12. Echostar Satellite L.L.C. (filed 8/30/07)
13. Grant Communications (filed 8/30/07)
14. Larry E. Will, P.E. (filed 8/30/07)
15. Mid State Television, Inc. (filed 8/30/07)
16. MSTV and NAB (filed 8/30/07)
17. National Cable and Telecommunications Association (NCTA) (filed 8/30/07)
18. Sonshine Family Television (filed 8/29/07)
19. Sunbeam Television Corp. (filed 8/30/07)
20. Tribune Broadcasting Company (filed 8/30/07)
21. Walt Disney Company (filed 8/30/07)
22. WQED Multimedia (WQED) (filed 8/30/07)
Federal Communications Commission FCC 07-228
114
APPENDIX B
Rule Changes1
PART 15RADIO FREQUENCY DEVICES
Part 15 of Title 47 of the Code of Federal Regulations is amended as follows: 
1.  The authority for Part 15 continues to read as follows: 
Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 544A.
2. Amend Section 15.117(i)(2) to read as follows:
Section 15.117  TV broadcast receivers.
*****
(i) Digital television reception capability implementation schedule.
*****
(2) For purposes of this implementation schedule, screen sizes are to be measured diagonally 
across the picture viewing area. The requirement for equipping new TV broadcast receivers with 
DTV reception capability does not apply to units with integrated tuners/displays that have screen 
sizes measuring less than 7.8 inches vertically, i.e., the vertical measurement of a screen in the 
4:3 aspect ratio that measures 13 diagonally across the picture viewing area.
*****
3.  Amend Section 15.120(b) to read as follows: 
15.120 Program blocking technology requirements for television receivers.
*****
(b) Effective January 1, 2000, all TV broadcast receivers as defined in section 15.3(w) of this 
chapter, including personal computer systems meeting that definition, with picture screens 33 cm 
(13 in) or larger, measured diagonally, or with displays in the 16:9 aspect ratio that are 19.8 
cm (7.8 in) or greater in height and digital television receivers without an associated display 
device shipped in interstate commerce or manufactured in the United States shall comply with 
the provisions of paragraphs (c), (d), and (e) of this section.
PART 73RADIO BROADCAST SERVICES
  
1 New text is shown in bold and deleted text is shown in strikethrough.
Federal Communications Commission FCC 07-228
115
1.  The authority for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.  
2.  Add a new Section 73.616 to read as follows:
Section 73.616  Post-transition DTV station interference protection.
(a) Applications seeking facilities that will operate prior to the end of the DTV 
transition must also comply with section 73.623.
(b) A petition to add a new channel to the post-transition DTV Table of Allotments 
contained in section 73.622(i) of this subpart will not be accepted unless it meets: the DTV-
to-DTV geographic spacing requirements of sections 73.623(d) with respect to all existing 
DTV allotments in the post-transition DTV Table; the principle community coverage 
requirements of section 73.625(a); the Class A TV and digital Class A TV protection 
requirements in paragraph (f) of this section; the land mobile protection requirements of 
section 73.623(e); and the FM radio protection requirement of section 73.623(f). 
(c) The reference coordinates of a post-transition DTV allotment shall be the 
authorized transmitter site, or, where such a transmitter site is not available for use as a 
reference point, the coordinates as designated in the FCC order creating or modifying the 
post-transition DTV Table of Allotments.
(d) The protected facilities of a post-transition DTV allotment shall be the facilities 
(effective radiated power, antenna height and antenna directional radiation pattern, if any) 
authorized by a construction permit or license, or, where such an authorization is not 
available for establishing reference facilities, the facilities designated in the FCC order 
creating or modifying the post-transition DTV Table of Allotments.  
(e) An application will not be accepted if it is predicted to cause interference to more 
than an additional 0.5 percent of the population served by another post-transition DTV 
station.  For this purpose, the population served by the station receiving additional 
interference does not include portions of the population within the noise-limited service 
contour of that station that are predicted to receive interference from the post-transition 
DTV allotment facilities of the applicant or portions of that population receiving masking 
interference from any other station.
(1) For evaluating compliance with the requirements of this paragraph, interference 
to populations served is to be predicted based on the 2000 census population data and 
otherwise according to the procedure set forth in OET Bulletin No. 69: Longley-Rice 
Methodology for Evaluating TV Coverage and Interference (February 6, 2004) 
(incorporated by reference, see 73.8000), including population served within service areas 
determined in accordance with section 73.622(e), consideration of whether F(50,10) 
undesired signals will exceed the following desired-to-undesired (D/U) signal ratios, 
assumed use of a directional receiving antenna, and use of the terrain dependent Longley-
Rice point-to-point propagation model.  Applicants may request the use of a cell size other 
Federal Communications Commission FCC 07-228
116
than the default of 2.0 km per side, but only requests for cell sizes of 1.0 km per side or 0.5 
km per side will be considered.  The threshold levels at which interference is considered to 
occur are:
(i) For co-channel stations, the D/U ratio is +15 dB.  This value is only valid at 
locations where the signal-to-noise ratio is 28 dB or greater. At the edge of the noise-limited 
service area, where the signal-to-noise (S/N) ratio is 16 dB, this value is +23 dB. At locations 
where the S/N ratio is greater than 16 dB but less than 28 dB, D/U values are computed 
from the following formula:
D/U = 15+10log10[1.0/(1.0-10-x/10)]
Where x = S/N-15.19 (minimum signal to noise ratio)
(ii) For interference from a lower first-adjacent channel, the D/U ratio is -28 dB.
(iii) For interference from a upper first-adjacent channel, the D/U ratio is -26 dB.
(2) Due to the frequency spacing that exists between Channels 4 and 5, between 
Channels 6 and 7, and between Channels 13 and 14, the minimum adjacent channel 
technical criteria specified in this section shall not be applicable to these pairs of channels 
(see section 73.603(a)).
(f) A petition to add a new channel to the post-transition DTV Table or a post-
transition DTV station application that proposes to expand its allotted or authorized 
coverage area in any direction will not be accepted if it is predicted to cause interference to 
a Class A TV station or to a digital Class A TV station authorized pursuant to Subpart J of 
this part, within the protected contour defined in section 73.6010 of this part.
(1) Interference is predicted to occur if the ratio in dB of the field strength of a Class 
A TV station at its protected contour to the field strength resulting from the facilities 
proposed in the DTV application (calculated using the appropriate F(50,10) chart from 
Figure 9a, 10a, or 10c of Sec. 73.699 of this part) fails to meet the D/U signal ratios for 
DTV-into-analog TV specified in section 73.623(c)(2).
(2) Interference is predicted to occur if the ratio in dB of the field strength of a 
digital Class A TV station at its protected contour to the field strength resulting from the 
facilities proposed in the DTV application (calculated using the appropriate F(50,10) chart 
from Figure 9a, 10a, or 10c of section 73.699 of this part) fails to meet the D/U signal ratios 
specified in paragraph 73.616(e).
(3) In support of a request for waiver of the interference protection requirements of 
this section, an applicant for a post-transition DTV broadcast station may make full use of 
terrain shielding and Longley-Rice terrain dependent propagation methods to demonstrate 
that the proposed facility would not be likely to cause interference to Class A TV stations. 
Guidance on using the Longley-Rice methodology is provided in OET Bulletin No. 69, 
which is available through the Internet at 
http://www.fcc.gov/oet/info/documents/bulletins/#69.
Federal Communications Commission FCC 07-228
117
NOTE:  When this rule was adopted, the filing freeze announced in an August 2004 
Public Notice (19 FCC Rcd 14810 (MB 2004)) remained in effect.  For a short period of
time after the filing freeze is lifted, until a date to be announced by a Media Bureau Public 
Notice, applicants must protect Appendix B facilities in addition to any authorized facilities 
required to be protected pursuant to this rule section.
3. Amend Section 73.622 by revising Section 73.622(f)(4) to read as follows:
Section 73.622 Digital television table of allotments.
*****
(f) DTV maximum power and antenna heights.
*****
(4) UHF DTV stations may request an increase in power, up to a maximum of 1000 kW ERP, to 
enhance service within their authorized service area through use of antenna beamtilting in excess 
of 1 degree, as follows:
(i) Field strengths at the outer edge of the station's service area shall be no greater than the levels 
that would exist if the station were operating at its assigned DTV power.
(ii) Where a station operates at higher power under the provisions of this paragraph, its field 
strengths at the edge of its service area are to be calculated assuming 1 dB of additional antenna 
gain over the antenna gain pattern specified by the manufacturer.
(iii) Where a first adjacent channel DTV station or allotment is located closer than 110 km or a 
first adjacent channel analog TV station is located closer than 106 km from the proposed
transmitter site, the application must be accompanied by a technical showing that the proposed 
operation complies with the technical criteria in 73.623(c) and thereby will not result in new 
interference exceeding the de minimis standard for new interference set forth in that section, or 
statements from affected stations agreeing to the proposed operation in accordance with 
73.623(f).
(iv) A licensee desiring to operate at higher power under these provisions shall submit, with its 
initial application for a DTV construction permit or subsequent application to modify its DTV 
facilities, an engineering analysis demonstrating that the predicted field strengths and predicted 
interference within its service area would comport with the requirements of this paragraph. The 
licensee also must notify, by certified mail, all stations that could potentially be affected by such 
operation at the time the station files its application for a construction permit or modification of 
facilities. Potentially affected stations to be notified include stations on co-channel and first-
adjacent channel allotments that are located at distances less than the minimum geographic 
spacing requirements in 73.623(d)(2). For example, in Zone I a co-channel DTV station within 
196.3 km or a first-adjacent channel DTV station within 110 km must be notified. A station that 
believes that its service is being affected beyond the de minimis standard set forth in 73.623(c) 
Federal Communications Commission FCC 07-228
118
may file an informal objection with the Commission. Such an informal objection shall include an 
engineering analysis demonstrating that additional impermissible interference would occur. The 
Commission may condition grant of authority to operate at increased power pursuant to this 
provision on validation of actual performance through field measurements.
* * * * *
4. Amend Section 73.623 paragraph (a) to read as follows:
Section 73.623 DTV applications and changes to DTV allotments.
(a) General.  This section contains the technical criteria for evaluating applications requesting 
DTV facilities that do not conform to the provisions of  73.622 and petitions for rule making to 
amend the pre-transition DTV Table of Allotments (73.622(b)).  Petitions to amend the DTV 
Table (other than those also expressly requesting amendment of this section) and applications for 
new DTV broadcast stations or for changes in authorized DTV stations filed pursuant to this 
section will not be accepted for filing if they fail to comply with the requirements of this section.  
Petitions for rule making and applications seeking facilities that will operate after the end 
of the DTV transition must also comply with section 73.616.* * * * * 
5.  Amend Section 73.624 by adding paragraphs (d)(1)(v)-(vii), revising paragraph (d)(3) and 
revising (g) to read as follows:
Section 73.624 Digital television broadcast stations.
* * * * * 
(d) Digital television broadcast facilities that comply with the FCC DTV Standard (section 
73.682(d)), shall be constructed in the following markets by the following dates:
(1)(i) May 1, 1999: all network-affiliated television stations in the top ten television 
markets;
(ii) November 1, 1999: all network-affiliated television stations not included in category 
(1)(i) and in the top 30 television markets;
(iii) May 1, 2002: all remaining commercial television stations;
(iv) May 1, 2003: all noncommercial television stations.
(v) May 18, 2008 in all markets for completion of construction of post-transition (DTV) 
facilities for all commercial and noncommercial television stations that will use the same 
channel used for pre-transition operation for post-transition operation and that, as of 
December 31, 2007, have a construction permit for facilities that conform to the facilities 
defined by the new DTV Table of Allotments and accompanying Appendix B, established 
by the Seventh Report and Order in MB Docket No. 87-268 and codified at 47 C.F.R.  
73.622(i).
(vi) August 18, 2008 in all markets for completion of construction of post-transition 
(DTV) facilities for all commercial and noncommercial television stations that will use the 
same channel used for pre-transition operation for post-transition operation but which, as 
Federal Communications Commission FCC 07-228
119
of December 31, 2007, do not have a construction permit for facilities that conform to the 
facilities defined by the new DTV Table of Allotments and accompanying Appendix B, 
established by the Seventh Report and Order in MB Docket No. 87-268 and codified at 47 
C.F.R.  73.622(i).
(vii) February 17, 2009 in all markets for completion of construction of post-transition 
(DTV) facilities for all commercial and noncommercial television stations whose post-
transition digital channel is different from their pre-transition digital channel and for those 
stations whose post-transition channel is the same as their pre-transition channel but that 
are subject to a unique technical challenge that has been specifically recognized as such by
the Commission.
* * * * * 
(3) Authority delegated.
(i) Authority is delegated to the Chief, Media Bureau to grant an extension of time of up to 
six months beyond the relevant construction deadline specified in paragraph (d)(1) of this section 
upon demonstration by the DTV licensee or permittee that failure to meet that construction 
deadline is due to circumstances that are either unforeseeable or beyond the licensees control 
where the licensee has taken all reasonable steps to resolve the problem expeditiously.
(ii) For construction deadlines occurring prior to February 18, 2009, the following 
circumstances may include, Such circumstances shall , but shall not be limited to:
(A) Inability to construct and place in operation a facility necessary for transmitting digital 
television, such as a tower, because of delays in obtaining zoning or FAA approvals, or similar 
constraints; or
(B) The lack of equipment necessary to obtain a digital television signal; or(B) Where the 
licensee or permittee is currently the subject of a bankruptcy or receivership proceeding, 
or is experiencing severe financial hardship as defined by negative cash flow for the past 
three years.
(C) Where the cost of meeting the minimum build-out requirements exceeds the station's 
financial resources.
(iii) For construction deadlines occurring after February 17, 2009, the tolling 
provisions of Section 73.3598 shall apply.
(iv) The Bureau may grant no more than two extension requests upon delegated authority. 
Subsequent extension requests shall be referred to the Commission. The Bureau may deny 
extension requests upon delegated authority.
(v) Applications for extension of time shall be filed no earlier than 90 and no later than 60 
days prior to the relevant construction deadline, absent a showing of sufficient reasons for filing 
within less than 60 days of the relevant construction deadline.
* * * * * 
(g) Commercial and noncommercial DTV licensees and permittees must annually remit a fee of 
five percent of the gross revenues derived from all ancillary or supplementary services, as 
Federal Communications Commission FCC 07-228
120
defined by paragraph (b) of this section, which are feeable, as defined in paragraphs (g)(2)(i) 
through (ii) of this section.
* * * * *
(2) Payment of fees. (i) Each December 1, all commercial and noncommercial DTV licensees 
and permittees will electronically report whether they provided ancillary or supplementary 
services in the twelve-month period ending on the preceding September 30. Licensees and
permittees will further report, for the applicable period: (A) a brief description of the services 
provided; (B) which services were feeable ancillary or supplementary services; (C) whether any 
ancillary or supplementary services provided were not subject to a fee; (D) gross revenues 
received from all feeable ancillary and supplementary services provided during the applicable 
period; and (E) the amount of bitstream used to provide ancillary or supplementary services 
during the applicable period. Licensees and permittees will certify under penalty of perjury the 
accuracy of the information reported. Failure to file regardless of revenues from ancillary or 
supplementary services or provision of such services may result in appropriate sanctions.
(ii) If a commercial or noncommercial DTV licensee or permittee has provided feeable ancillary 
or supplementary services at any point during a twelve-month period ending on September 30, 
the licensee or permittee must additionally file the FCC's standard remittance form (Form 159) 
on the subsequent December 1. Licensees and permittees will certify the amount of gross 
revenues received from feeable ancillary or supplementary services for the applicable twelve-
month period and will remit the payment of the required fee.
(iii) The Commission reserves the right to audit each licensees or permittees records which 
support the calculation of the amount specified on line 23A of Form 159. Each licensee or 
permittee, therefore, is required to retain such records for three years from the date of remittance 
of fees.
6.  Amend Section 73.682(d) to read as follows:
Section 73.682 TV transmission standards.
* * * * * 
(d) Digital broadcast television transmission standard. Effective [120 days after publication in 
the Federal Register] February 1, 2005, transmission of digital broadcast television (DTV) 
signals shall comply with the standards for such transmissions set forth in ATSC A/52: ATSC 
Standard Digital Audio Compression (AC-3) (incorporated by reference, see  73.8000), ATSC 
A/53, Parts 1-6: 2007 ATSC Doc. A/53B, Revision B with Amendment 1 and Amendment 2:
ATSC Digital Television Standard, (January 3, 2007), except for Section 6.1.2 5.1.2 
(Compression Format Constraints) of A/53 Part 4: 2007 Annex A (MPEG-2 Video Systems 
Characteristics) and the phrase see Table 6.2 Table 3 in Section 6.1.1 5.1.1 Table 6.1 Table 2
and Section 6.1.3 5.1.2 Table 6.3 Table 4 (incorporated by reference, see  73.8000), and ATSC 
A/65C B: ATSC Program and System Information Protocol for Terrestrial Broadcast and 
Cable, (Revision C) B With Amendment No. 1 dated May 9, 2006, (January 2, 2006) 2003
Federal Communications Commission FCC 07-228
121
(incorporated by reference, see  73.8000).  Although not incorporated by reference, licensees 
may also consult ATSC Doc. A/54A: Recommended Practice: Guide to Use of the ATSC 
Digital Television Standard, including Corrigendum No. 1, (December 4, 2003, 
Corrigendum No. 1 dated December 20, 2006 October 4, 1995), and ATSC Doc. A/69,: 
Recommended Practice PSIP Implementation Guidelines for Broadcasters, (June 25, 2002) 
(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)).
7. Revise Section 73.1201 to read as follows: 
Section 73.1201   Station identification.
* * * * *
(b) Content. (1) Official station identification shall consist of the station's call letters immediately 
followed by the community or communities specified in its license as the station's location; 
Provided, That the name of the licensee, the station's frequency, the station's channel number, as 
stated on the station's license, and/or the station's network affiliation may be inserted between the 
call letters and station location. DTV stations, or DAB Stations, choosing to include the station's 
channel number in the station identification must use the station's major channel number and 
may distinguish multicast program streams. For example, a DTV station with major channel 
number 26 may use 26.1 to identify an HDTV program service and 26.2 to identify an SDTV 
program service. A DTV station that is devoting one of its multicast streams to transmit the 
programming of another television licensee must identify itself and may also identify the 
licensee that it is transmitting.  If a DTV station in this situation chooses to identify the 
station that is the source of the programming it is transmitting, it must use the following 
format: Station WYYY-DT, community of license (call sign and community of license of 
the station whose multicast stream is transmitting the programming), bringing you WXXX, 
community of license (call sign and community of license of the licensee providing the 
programming).  The transmitting station may insert between its call letters and its 
community of license the following information: the frequency of the transmitting station, 
the channel number of the transmitting station, the name of the licensee of the transmitting 
station and the licensee providing the programming, and/or the name of the network of 
either station. Where a multicast station is carrying the programming of another station 
and is identifying that station as the source of the programming, using the format 
described above, the identification may not include the frequency or channel number of the 
program source. A radio station operating in DAB hybrid mode or extended hybrid mode shall 
identify its digital signal, including any free multicast audio programming streams, in a manner 
that appropriately alerts its audience to the fact that it is listening to a digital audio broadcast. No 
other insertion between the station's call letters and the community or communities specified in 
its license is permissible.
(2) A station may include in its official station identification the name of any additional 
community or communities, but the community to which the station is licensed must be named 
first.
Federal Communications Commission FCC 07-228
122
(c) Channel (1) General. Except as otherwise provided in this paragraph, in making the 
identification announcement the call letters shall be given only on the channel, or channels in the 
case of a broadcaster that is multicasting more than a single channel, identified thereby.
* * * * *
8. Revise Section 73.3598(b) to read as follows:
Section 73.3598   Period of construction.
(a) Each original construction permit for the construction of a new TV (including full-power 
DTV), AM, FM or International Broadcast; low power TV; TV translator; TV booster; FM 
translator; or FM booster station, or to make changes in such existing stations, shall specify a 
period of three years from the date of issuance of the original construction permit within which 
construction shall be completed and application for license filed. Each original construction 
permit for the construction of a new LPFM station shall specify a period of eighteen months 
from the date of issuance of the construction permit within which construction shall be 
completed and application for license filed.
(b) The period of construction for an original construction permit shall toll when construction is 
prevented by the following causes not under the control of the permittee:
(i) Construction is prevented due to an act of God, defined in terms of natural disasters (e.g., 
floods, tornados, hurricanes, or earthquakes); or
(ii) the grant of the permit is the subject of administrative or judicial review ( i.e. , petitions for 
reconsideration and applications for review of the grant of a construction permit pending before 
the Commission and any judicial appeal of any Commission action thereon), or construction is 
delayed by any cause of action pending before any court of competent jurisdiction relating to any 
necessary local, state or federal requirement for the construction or operation of the station, 
including any zoning or environmental requirement; or
(iii) a request for international coordination, with respect to an original construction 
permit for a new DTV station, has been sent to Canada or Mexico on behalf of the station 
and no response from the country affected has been received, or the licensee or permittee is 
challenging the response from Canada or Mexico on the grounds that the facility as 
approved would not permit the station to serve the population that is both approved by the 
Commission and served by the stations TV (analog) facility to be vacated by February 17, 
2009.  
* * * * *
9.  Amend Section 73.8000 to read as follows:
 73.8000  Incorporation by reference.
Federal Communications Commission FCC 07-228
123
(a) The materials listed in this section are incorporated by reference in this part. These 
incorporations by reference were approved by the Director of the Federal Register in accordance 
with 5 U.S.C.  552(a) and 1 C.F.R. part 51. These materials are incorporated as they exist on the 
date of the approval, and notice of any change in these materials will be published in the Federal 
Register. The materials are available for purchase at the corresponding addresses noted below, 
and all are available for inspection at the Federal Communications Commission (FCC), 445 12th 
St., SW., Reference Information Center, Room CY-A257, Washington, DC 20554 and at the 
National Archives and Records Administration (NARA). For information on the availability of 
this material at NARA, call 2027416030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 
(b) The following materials are available from Advanced Television Systems Committee 
(ATSC), 1750 Street, N.W., Suite 1200, Washington, D.C. 20006 at the ATSC website: 
http://www.atsc.org/standards.html. 
(1) ATSC A/52: ATSC Standard Digital Audio Compression (AC3), 1995, IBR 
approved for 73.682.
(2) ATSC A/53 Parts 1-6: 2007 ATSC Digital Television Standard, (January 3, 2007) as 
listed below:
(i) A/53, Part 1:2007, Digital Television System (January 3, 2007), IBR approved for  
73.682.
(ii) A/53, Part 2:2007, RF/Transmission System Characteristics (January 3, 2007), IBR 
approved for  73.682.
(iii) A/53, Part 3:2007, Service Multiplex and Transport Subsystem Characteristics 
(January 3, 2007), IBR approved for  73.682.
(iv) A/53, Part 4:2007, MPEG-2 Video System Characteristics (January 3, 2007), IBR 
approved for  73.682, except for  6.1.2 of A/53 Part 4: 2007, and the phrase see Table 
6.2 in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3.
(v) A/53, Part 5:2007, AC-3 Audio System Characteristics (January 3, 2007), IBR 
approved for  73.682.
(vi) A/53, Part 6:2007, Enhanced AC-3 Audio System Characteristics (January 3, 2007), 
IBR approved for  73.682.
(3) ATSC A/65B: ATSC Program and System Information Protocol for Terrestrial 
Broadcast and Cable, (Revision B) March 18, 2003, and IBR approved for  73.9000 and 
73.9001.
(4) ATSC A/65C: ATSC Program and System Information Protocol for Terrestrial 
Broadcast and Cable, Revision C With Amendment No. 1 dated May 9, 2006, (January 2, 
2006), IBR approved for  73.682 and 73.9000.
Federal Communications Commission FCC 07-228
124
(c) The following materials are available for purchase from American National Standards 
Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036 or at 
http://www.webstore.ansi.org/ansidocstore/default.asp.
(1) International Standard ISO/IEC 138181:2000(E); Information Technology Generic 
Coding of Moving Pictures and Associated Audio Information: Systems, 2000, IBR 
approved for  73.9000.
(2) [Reserved]
(d) The following materials are available for inspection at the FCC, 445 12th St., SW., 
Reference Information Center, Room CY-A257, Washington, DC 20554 or at the FCCs 
Office of Engineering and Technology (OET) website: 
http://www.fcc.gov/oet/info/documents/bulletins/. 
(1) OET Bulletin No. 69: Longley-Rice Methodology for Evaluating TV Coverage and 
Interference (February 6, 2004), IBR approved for  73.616.
(2) [Reserved] 
10.  Amend  73.9000 by revising paragraph (k) to read as follows: 
Section 73.9000 Definitions
*****
(k) EIT means Event Iinformation Ttable as defined in ATSC A/65BC: ATSC Program and 
System Information Protocol for Terrestrial Broadcast and Cable, Revision C With 
Amendment No. 1 dated May 9, 2006, (January 2, 2006), (incorporated by reference, see  
73.8000).
*****
PART 76MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
1.  The authority for Part 76 continues to read as follows:
AUTHORITY:  47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 
325, 336, 338, 339, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
2. Amend Section 76.55(c)(3) to read as follows:
Section 76.55  Definitions applicable to the must-carry rules.
* * * * * 
Federal Communications Commission FCC 07-228
125
(c) * * *
(1) * * *
(2) * * *
(3) A television broadcast station that does not deliver to the principal headend, as defined in 
76.5(pp), of a cable system [either] a signal level of ?45dBm for analog UHF signals, [or] 
?49dBm for analog VHF signals, or ?61dBm for digital signals at the input terminals of the 
signal processing equipment, i.e., the input to the first active component of the signal processing 
equipment relevant to the signal at issue, if such station does not agree to be responsible for the 
costs of delivering to the cable system a signal of good quality or a baseband video signal.
Federal Communications Commission FCC 07-228
126
APPENDIX C
FCC Forms Changes
The Federal Communications Commission revises FCC Form 301 as set forth below:
1. Main Form Section I  General Information, Question 4.b. (Service Type) on page one is 
revised to allow the filer to indicate whether the application is for pre-transition DTV 
facilities, post-transition DTV facilities, or both.  The revised question will read as 
follows [bold used to show changes]:
b. Service Type: AM  FM  TV  DTV Pre-Transition  DTV 
Post-Transition  DTV Both (Pre- and Post-Transition)
2. Instructions Section I.D. (General Information), Item 4 is revised to explain the new 
service types for DTV applications: (a) DTV Pre-Transition, (b) DTV Post-Transition, (c) 
DTV Both (Pre- and Post-Transition).  Item 4 is revised to add the following new 
paragraph [bold used to show changes]:
DTV Service Type:  The DTV Pre-Transition service type is for a station 
whose application relates solely to its pre-transition DTV operation on a 
channel that is not allotted for post-transition use by this station and will not 
affect its authorized post-transition operation.  The DTV Post-Transition 
service type is for a station whose application relates solely to its post-
transition operation and will not affect its authorized pre-transition 
operation.  The DTV Both (Pre- and Post-Transition) service type is for a 
station whose application relates to both its pre- and post-transition 
operation.  Only a station whose pre-transition DTV channel is the same as 
its post-transition channel may use the DTV Both service type. 
3. Form Section III-D  DTV Engineering on page 17 is revised by changing the two 
paragraphs preceding Question 1.  The revised paragraphs will read as follows [bold used 
to show changes]:
Complete Certification Checklist Questions 1-5, and provide all data and 
information for the proposed facility, as requested in Technical Specifications, 
Items 1-13.
Pre-Transition Certification Checklist.  An application concerning a pre-
transition channel must complete questions 1(a)-(c), and 2-5. A correct 
answer of Yes to all of these questions below will ensure an expeditious grant 
of a construction permit application to modify pre-transition facilities.  
However, if the proposed facility is located within the Canadian or Mexican 
borders, coordination of the proposal under the appropriate treaties may be 
required prior to grant of the application. An answer of No will require 
additional evaluation of the applicable information in this form before a 
construction permit can be granted.
Post-Transition Expedited Processing.  An application concerning a post-
transition channel must complete questions 1(a), (d)-(e), and 2-5.  A station 
Federal Communications Commission FCC 07-228
127
applying for a construction permit to build its post-transition channel will 
receive expedited processing if its application (1) does not seek to expand the 
noise-limited service contour in any direction beyond that established by 
Appendix B of the Seventh Report and Order in MB Docket No. 87-268 
establishing the new DTV Table of Allotments in 47 C.F.R.  73.622(i) (new 
DTV Table Appendix B); (2) specifies facilities that match or closely 
approximate those defined in the new DTV Table Appendix B facilities; and 
(3) is filed within 45 days of the effective date of the Report and Order in the 
Third DTV Periodic Review proceeding, MB Docket No. 07-91. 
4. Form Section III-D  DTV Engineering, Question 1 on page 17 is revised by changing 
(b) and (c) and by adding (d) and (e).  Revised questions (b) and (c) and new questions 
(d) and (e) will read as follows [bold used to show changes]:
(b) It will operate a pre-transition facility from a transmitting antenna 
located within 5.0 km (3.1 miles) of the DTV reference site for this station as 
established in 47 C.F.R. Section 73.622.  Yes  No 
(c) It will operate a pre-transition facility with an effective radiated power 
(ERP) and antenna height above average terrain (HAAT) that do not exceed the 
DTV reference ERP and HAAT for this station as established in 47 C.F.R. 
Section 73.622.  Yes  No
(d) It will operate at post-transition facilities that do not expand the 
noise-limited service contour in any direction beyond that established by 
Appendix B of the Seventh Report and Order in MB Docket No. 87-268 
establishing the new DTV Table of Allotments in 47 C.F.R.  73.622(i) (new 
DTV Table Appendix B).  Yes  No  Dont Know
(e) It will operate at post-transition facilities that match or reduce by no 
more than five percent with respect to predicted population from those 
defined in the new DTV Table Appendix B.  Yes  No  Dont Know
5. Instructions to Section III-D (DTV Engineering) is revised to explain that: (i) question 
1(a) applies to all facility changes (and both the current and new DTV Tables in 47 
C.F.R.  73.622(b) and (i)), (ii) questions 1(b) and 1(c) apply only to applications for 
pre-transition facilities, and (iii) questions 1(d) and 1(e) apply only to applications for 
post-transition facilities.  Item 1 (of Instructions Section III.H.) is revised as follows [bold 
used to show changes]:
Certifications Checklist. Items 1-5 set forth a series of certifications concerning 
the Commissions technical allotment standards and operational requirements for 
DTV stations.
Item 1: The applicant must certify compliance with the digital television channel 
allotment and operational requirements contained in 47 C.F.R. Section 73.622.  
Specifically, this question requires that the applicant certify that (a) the 
application specifies a channel and community in accordance with the 
Commissions Table of Television Allotments, 47 C.F.R. Sections 73.622(ab) or 
(i), (b) it will operate a pre-transition facility with a transmitting antenna located 
within 5 kilometers of the DTV reference coordinates for the station, as 
Federal Communications Commission FCC 07-228
128
referenced in Section 73.622(d) and set forth in the Sixth Report and Order in 
MM Docket No. 87-268, 12 FCC Rcd 14588 (1997), (c) it will operate with pre-
transition facilities that do not exceed the power and antenna height maxima 
specified in Section 73.622(f), (d) it will operate at post-transition facilities 
that do not expand the noise-limited service contour in any direction beyond 
that established by Appendix B of the Seventh Report and Order in MB 
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 
C.F.R.  73.622(i), and (e) it will operate at post-transition facilities that 
match or reduce by no more than five percent with respect to predicted 
population from those defined in the new DTV Table Appendix B.  .
If any of items 1(a)-1(c) are answered No in an application of a pre-
transition facility, the applicant must demonstrate in response to Section III-D, 
Item 11 that the proposal will not cause or increase interference to any other DTV 
broadcast application, DTV allotment, or analog TV broadcast authorization.
Interference is to be predicted for pre-transition facilities in accordance with 
the procedure set forth in Appendix B of the Sixth Report and Order in MM 
Docket No. 87-268.  See 47 C.F.R. Section 73.623.
If any of items 1(a), 1(d)-(e) are answered No in an application of a post-
transition facility, the applicant will not qualify for expedited processing.
Interference is to be predicted for post-transition facilities in accordance 
with the procedure set forth in the Third DTV Periodic Report and Order in 
MB Docket No. 07-91.  See 47 C.F.R. Sections 73.616 and 73.623.
6. Form Section III-D  DTV Engineering (TECHNICAL SPECIFICATIONS) TECH BOX 
Question 11, first paragraph, on page 19 is revised as follows [bold used to show 
changes]:
Does the proposed facility satisfy the pre-transition interference protection 
provisions of 47 C.F.R. Section 73.623(a) (Applicable only if Certification 
Checklist Items 1(a), (b), or (c) are answered No.) and/or the post-transition 
interference protection provisions of 47 C.F.R. Section 73.616?  Yes  
No 
7. Form and Instructions Section III-D  DTV Engineering (TECHNICAL 
SPECIFICATIONS) TECH BOX Questions, is revised to make non-substantive 
conforming edits necessary because of the other changes.
The Federal Communications Commission revises FCC Form 340 as set forth below:
8. Main Form Section I  General Information, Question 4.b. (Service Type) on page one is 
revised to allow the filer to indicate whether the application is for pre-transition DTV 
facilities, post-transition DTV facilities, or both.  The revised question will read as 
follows [bold used to show changes]:
Federal Communications Commission FCC 07-228
129
b. Service Type: FM  TV  DTV Pre-Transition  DTV Post-
Transition  DTV Both (Pre- and Post-Transition)
9. Instructions for Section I. (General Information), Item (Question) 4 is revised to explain 
the new service types for DTV applications: (a) DTV Pre-Transition, (b) DTV Post-
Transition, (c) DTV Both (Pre- and Post-Transition).  Item (Question) 4 is revised to add 
the following new paragraph [bold used to show changes]:
DTV Service Type:  The DTV Pre-Transition service type is for a station 
whose application relates solely to its pre-transition DTV operation and will 
not affect its authorized post-transition operation.  The DTV Post-Transition 
service type is for a station whose application relates solely to its post-
transition operation and will not affect its authorized pre-transition 
operation.  The DTV Both (Pre- and Post-Transition) service type is for a 
station whose application relates to both its pre- and post-transition 
operation.  Only a station whose pre-transition DTV channel is the same as 
its post-transition channel may use the DTV Both service type.
10. Form Section VII-D  DTV Engineering on page 15 is revised by changing the two 
paragraphs preceding Question 1.  The revised paragraphs will read as follows [bold used 
to show changes]:
Complete Certification Checklist Questions 1-5, and provide all data and 
information for the proposed facility, as requested in Technical Specifications, 
Items 1-13.
Pre-Transition Certification Checklist.  An application concerning a pre-
transition channel must complete questions 1(a)-(c), and 2-5. A correct 
answer of Yes to all of these questions below will ensure an expeditious grant 
of a construction permit application to change pre-transition facilities.  
However, if the proposed facility is located within the Canadian or Mexican 
borders, coordination of the proposal under the appropriate treaties may be 
required prior to grant of the application. An answer of No will require 
additional evaluation of the applicable information in this form before a 
construction permit can be granted.
Post-Transition Expedited Processing.  An application concerning a post-
transition channel must complete questions 1(a), (d)-(e), and 2-5.  A station 
applying for a construction permit to build its post-transition channel will 
receive expedited processing if its application (1) does not seek to expand the 
noise-limited service contour in any direction beyond that established by 
Appendix B of the Seventh Report and Order in MB Docket No. 87-268 
establishing the new DTV Table of Allotments in 47 C.F.R.  73.622(i) (new 
DTV Table Appendix B); (2) specifies facilities that match or closely 
approximate those defined in the new DTV Table Appendix B facilities; and 
(3) is filed within 45 days of the effective date of Section 73.616 of the rules 
adopted in the Report and Order in the Third DTV Periodic Review 
proceeding, MB Docket No. 07-91.
Federal Communications Commission FCC 07-228
130
11. Form Section VII-D  DTV Engineering, Question 1, on page 15 is revised by changing 
(b) and (c) and by adding (d) and (e).  Revised questions (b) and (c) and new questions 
(d) and (e) will read as follows [bold used to show changes]:
(b) It will operate a pre-transition facility from a transmitting antenna 
located within 5.0 km (3.1 miles) of the DTV reference site for this station as 
established in 47 C.F.R. Section 73.622.  Yes  No 
(c) It will operate a pre-transition facility with an effective radiated power 
(ERP) and antenna height above average terrain (HAAT) that do not exceed the 
DTV reference ERP and HAAT for this station as established in 47 C.F.R. 
Section 73.622.  Yes  No
(d) It will operate at post-transition facilities that do not expand the 
noise-limited service contour in any direction beyond that established by 
Appendix B of the Seventh Report and Order in MB Docket No. 87-268 
establishing the new DTV Table of Allotments in 47 C.F.R.  73.622(i) (new 
DTV Table Appendix B).  Yes  No  Dont Know
(e) It will operate at post-transition facilities that match or reduce by no 
more than five percent with respect to predicted population from those 
defined in the new DTV Table Appendix B.  Yes  No  Dont Know
12. Instructions to Section VII-D (DTV Engineering) is revised to explain that: (i) question 
1(a) applies to all facility changes (see 47 C.F.R.  73.622(a) and (i)), (ii) questions 1(b) 
and 1(c) apply only to applications for pre-transition facilities, and (iii) questions 1(d) and 
1(e).  Item 1 (of Instructions to Section VII) is revised as follows [bold used to show 
changes]:
Certifications Checklist. Items 1-5 set forth a series of certifications concerning 
the Commissions technical allotment standards and operational requirements for 
DTV stations.
Item 1: The applicant must certify compliance with the digital television channel 
allotment and operational requirements contained in 47 C.F.R. Section 73.622.  
Specifically, this question requires that the applicant certify that (a) the 
application specifies a channel and community in accordance with the 
Commissions Table of Television Allotments, 47 C.F.R. Sections 73.622(ab) or 
(i), (b) it will operate a pre-transition facility with a transmitting antenna located 
within 5 kilometers of the DTV reference coordinates for the station, as 
referenced in Section 73.622(d) and set forth in the Sixth Report and Order in 
MM Docket No. 87-268, 12 FCC Rcd 14588 (1997), (c) it will operate with pre-
transition facilities that do not exceed the power and antenna height maxima 
specified in Section 73.622(f), (d) it will operate at post-transition facilities 
that do not expand the noise-limited service contour in any direction beyond 
that established by Appendix B of the Seventh Report and Order in MB 
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 
C.F.R.  73.622(i), and (e) it will operate at post-transition facilities that 
match or reduce by no more than five percent with respect to predicted 
population from those defined in the new DTV Table Appendix B.
Federal Communications Commission FCC 07-228
131
If any of items 1(a)-1(c) are answered No in an application of a pre-
transition facility, the applicant must demonstrate in response to Section III-D, 
Item 11 that the proposal will not cause or increase interference to any other DTV 
broadcast application, DTV allotment, or analog TV broadcast authorization.
Interference is to be predicted for a pre-transition facility in accordance with 
the procedure set forth in Appendix B of the Sixth Report and Order in MM 
Docket No. 87-268.  See 47 C.F.R. Section 73.623.
If any of items 1(a), 1(d)-(e) are answered No in an application of a post-
transition facility, the applicant will not qualify for expedited processing.
Interference is to be predicted for a post-transition facility in accordance 
with the procedures set forth in the Report and Order in the Third DTV 
Periodic Review proceeding, MB Docket No. 07-91.  See 47 C.F.R. Sections 
73.616 and 73.623.
13. Form Section VII-D  DTV Engineering (TECHNICAL SPECIFICATIONS) TECH 
BOX Question 11, first paragraph, on page 17 is revised as follows [bold used to show 
changes]:
Does the proposed facility satisfy the pre-transition interference protection 
provisions of 47 C.F.R. Section 73.623(a) (Applicable only if Certification 
Checklist Items 1(a), (b), or (c) are answered No.) and/or the post-transition 
interference protection provisions of 47 C.F.R. Section 73.616?  Yes  
No 
14. Form and Instructions Section VII-D  DTV Engineering (TECHNICAL 
SPECIFICATIONS) TECH BOX Questions, is revised to make non-substantive 
conforming edits necessary because of the other changes.
The Federal Communications Commission revises FCC Form 317 as set forth below:
15. Form and Instructions are revised to indicate that DTV permittees are required to file the 
form and report their ancillary and supplementary services.
Federal Communications Commission FCC 07-228
132
The Federal Communications Commission revises FCC Form 337 as set forth below:
16. Main Form is revised to reflect the proposed rule revisions to 47 C.F.R.  73.624(d) in 
section V.C.4. and Appendix A.  Specifically, Question 5 on page 2 is revised as follows 
[bold used to show changes]: 
technical (e.g., equipment delays) 
legal reasons beyond stations control (e.g., litigation, international coordination) 
severe financial hardship (e.g., inability to finance bankruptcy, negative cash flow) 
other reasons (e.g., natural disasters) 
17. Instructions are revised to reflect the proposed rule revisions to 47 C.F.R.  73.624(d) in 
section V.C.4. and Appendix A.  Specifically, Item 5 is revised to by adding a new 
paragraphs and deleting the last paragraph as follows [bold used to show changes]: 
Item 5: Reason for Delay in Construction. In the Fifth Report and Order in MM Docket 
No. 87-268, 12 FCC Rcd 12809 (1997), on reconsideration, 13 FCC Rcd 6860 (1998), 
the Commission announced its willingness to grant, on a case-by-case basis, an extension 
to the applicable DTV construction deadline where a broadcaster has been unable to 
complete construction due to circumstances that are either unforeseeable or beyond the 
permittees control, provided the broadcaster has taken all reasonable steps to resolve the 
problem expeditiously. The Commission also stated that it would modify its existing 
policies regarding extensions, taking into account problems encountered that are unique 
to the DTV conversion.
In the Report and Order in MB Docket No. 07-91, __ FCC Rcd __ (2007), the 
Commission adopted a stricter standard for the grant of an extension of the 
applicable DTV construction deadline.  See 47 C.F.R.  73.624(d)(3).  
First, stations may no longer obtain an extension because of technical reasons, such 
as equipment delays.  Second, the Commission tightened the financial showing 
required for an extension.  While previously requiring a showing that the cost of
meeting the minimum build-out requirements exceeded the stations financial 
resources, the Commission now requires a showing that the station is (1) the subject 
of a bankruptcy or receivership proceeding, or (2) experiencing severe financial 
hardship, as defined by negative cash flow for the past three years.  In order to be 
considered for an extension due to financial hardship, a station must: (1) submit 
proof that they have filed for bankruptcy or that a receiver has been appointed, or 
(2) submit an audited financial statement for the previous three years.  In addition, 
the station must submit a schedule that outlines the time period for the completion 
of construction.  To the extent that an applicants description of its financial 
condition sets forth information that is proprietary and not customarily disclosed to 
the public, the applicant may request that the Commission treat the information as 
confidential.  See 47 C.F.R. Section 0.459.
The Commission will continue to consider extension requests where the station is 
facing legal obstacles, where resolution of the issue is truly beyond the control of the 
station.  Such circumstances may include, for example, where a station is awaiting 
Commission action on an application for a DTV construction permit and action is 
delayed for reasons beyond the stations control (e.g., obtaining required 
Federal Communications Commission FCC 07-228
133
governmental approvals such as FAA, Canadian and Mexican clearance) or where 
the Commissions action on the application is the subject of a court appeal.
In addition, the Commission will continue to consider other circumstances that are 
either unforeseeable or beyond the stations control.  Such circumstances may 
include, for example, acts of God, terrorism, and such natural disasters as floods, 
tornadoes, hurricanes, earthquakes and other calamities that are unforeseeable 
events warranting additional time to construct.  
In responding to this question, the applicant should attest to the nature of the problem(s) 
preventing the timely completion of construction and provide a detailed explanation of 
the reason(s) requiring an additional time to construct its stations DTV facilities.
Among the problems found in specific instances to warrant the granting of additional 
time to construct have been such technical obstacles as equipment delivery delays, 
unavailability of work or tower crews, and tower safety and other construction delays; 
and such legal obstacles as delays in obtaining required governmental (e.g., FAA, 
Canadian and Mexican) clearances, outstanding judicial litigation involving zoning, and 
the pendency of DTV channel change rulemakings and DTV construction permit 
applications. See Digital Television Construction Deadline, 16 FCC Rcd 8122 (2001). In 
addition, such natural disasters as floods, tornadoes, hurricanes, earthquakes and other 
calamities would be unforeseeable events warranting additional time to construct. Finally, 
in Memorandum Opinion and Order on Reconsideration (MM Docket No. 00-39), FCC 
01-330 (adopted November 8, 2001), the Commission recognized that some broadcasters, 
despite their reasonable, good faith efforts and the Commissions reduced build-out 
requirements, may be financially unable to timely complete the construction of their DTV 
facilities. The Commission will therefore consider, on a case-by-case basis, whether a 
broadcaster should be afforded additional time to construct its DTV facilities because the 
cost of meeting the minimum build-out requirements would create an undue financial 
hardship. In this regard, the applicant should provide an itemized estimate of the cost of 
meeting the minimum build-out requirements and a detailed statement explaining why its 
financial condition precludes such an expenditure. The applicant should also describe its 
good faith efforts to meet the deadline, including its good faith efforts to obtain the 
requisite financing, and why those efforts were unsuccessful. To the extent that an 
applicants description of its financial condition sets forth information that is proprietary 
and not customarily disclosed to the public, the applicant may request that the 
Commission treat the information as confidential. See 47 C.F.R. Section 0.459.
18. Form and Instructions are revised to make non-substantive changes necessary to update 
the form.
The Federal Communications Commission creates a new FCC Form  FCC Form 387: DTV 
Transition Status Report  as set forth below:
19. The new Form will contain the following data elements [bold used to show changes]: 
NOTE:  This Form must be filed by all full-power broadcast television stations
(licensees and permittees) no later than February 18, 2008.  Each 
Federal Communications Commission FCC 07-228
134
Licensee/Permittee is responsible for the continuing accuracy and completeness of 
the information furnished in this Form.  Each Licensee/Permittee must update this 
Form, as necessary, until such Licensee/Permittee reports the completion of its 
transition (i.e., that it has begun operating its full, authorized facility as defined in 
the post-transition DTV Table, 47 C.F.R. 73.622(i), and accompanying Appendix B).  
In addition, Each Licensee/Permittee that has not reported the completion of its full, 
authorized post-transition facility on this Form on or before October 20, 2008, must 
update this Form to report their current status as of that date.
SECTION I  GENERAL INFORMATION
Item 1.  Licensee/Permittee Information:  Legal Name of the Licensee/Permittee; 
Mailing Address; City; State or Country (if foreign address); ZIP Code; Telephone 
Number (include area code) E-Mail Address (if available).
Item 2.  Contact Information (if different from licensee/permittee):  Contact 
Representative; Firm or Company Name; Mailing Address; City; State or Country 
(if foreign address); ZIP Code; Telephone Number (include area code) E-Mail 
Address (if available). 
Item 3.  Station/Facility Information:  (a) FCC Registration Number; Call Sign; 
Facility ID Number; Community of License: City, State; Network Affiliation (if 
applicable); (b) Currently Assigned Channels:  NTSC Channel; Post-Transition 
DTV Channel; Pre-Transition DTV Channel (if different from Post-Transition 
channel); (c) Relevant FCC File No. for Post-Transition Authorization, if on file 
with Commission (or indicate Not Yet Filed); (d) Post-Transition Construction 
Deadline: (i) February 17, 2009 if Pre-Transition DTV Channel is different from 
Post-Transition channel; (ii) Date 30 days after the effective date of the amendments 
to Section 73.624(d) of the rules adopted in the Report and Order in the Third DTV 
Periodic Review proceeding, MB Docket No. 07-91; (iii) February 17, 2009 if the 
station demonstrates that it faces a unique technical challenge (e.g., side-mounted 
antenna-related issue) preventing it from completing construction of its full, 
authorized post-transition facility; (iv) Expiration date of construction permit or 
pending application for an extension of time to construct a post-transition facility.
SECTION II  POST-TRANSITION FACILITY (Complete all items unless 
otherwise indicated.)
Item 1.  Operational Status:  Is the Licensee/Permittee now operating its fully 
authorized final, DTV (post-transition) facility?  Yes or No  (If YES, 
Licensee/Permittee is finished with this Form; If NO, go to Item 2.)
Item 2.  If Item 1 is NO (i.e., not fully operational), then indicate operational status 
of final, DTV (post-transition) facility and indicate date Licensee/Permittee expects 
to begin full, authorized post-transition operations: (check one)
(i). Licensee/Permittee is operating its post-transition facility pursuant to 
program test authority; see 47 C.F.R.  73.1620(a).  If checked, indicate date 
Licensee/Permittee expects to file its license to cover (FCC Form 302) application.
(ii). Licensee/Permittee is operating its post-transition facility pursuant to special 
temporary authority (STA) or at a reduced facility.  If checked, indicate power level 
and percentage of analog population covered by reduced facility.
Federal Communications Commission FCC 07-228
135
(iii). Licensee/Permittee is not operating its post-transition facility. 
Item 3.  Construction Status:  Has the Licensee/Permittee completed construction of 
its final, DTV (post-transition) facility?  Yes or No  (If YES, skip Items 4-5 
and go to Item 6(a); If NO, go to Item 4.)
Item 4.  If Item 3 is NO (i.e., not fully constructed), then indicate construction status 
of final, DTV (post-transition) facility and indicate date Licensee/Permittee expects 
to complete construction: (check all that apply)
(i). Licensee/Permittee has not begun construction of its post-transition facility. 
(ii). Licensee/Permittee is now constructing its post-transition facility. 
(iii). Licensee/Permittee has constructed a reduced post-transition facility and 
additional construction is needed to complete Licensee/Permittees fully authorized 
facility. 
Item 5.  Construction Permit Status:  Does the Licensee/Permittee hold a license or 
construction permit for its final, DTV (post-transition) facility?  Yes or No  
(If YES, then indicate relevant FCC File No. and go to Item 6(a); If NO, skip Item 
6(a) and go to Item 6(b).)
Item 6(a).  Does the Licensee/Permittee need to modify its license or construction 
permit in order to match the post-transition facilities defined for the 
Licensee/Permittee in the new DTV Table of Allotments, 47 C.F.R.  73.622(i), as 
adopted in the Seventh Report and Order in MB Docket No. 87-268?  Yes or 
No  (If YES, go to 6(b); If NO, skip Item 6(b).)
Item 6(b).  Has the Licensee/Permittee filed an application for a new or modified 
construction permit for its final, DTV (post-transition) facility?  Yes or No  
(If YES, then indicate date filed and relevant FCC File No.; If NO, then indicate 
date Licensee/Permittee expects to file such application.)  (NOTE: To qualify for 
expedited processing, the Licensee/Permittee must file its application within 45 days 
of the effective date of Section 73.616 of the rules adopted in the Third DTV 
Periodic Review proceeding, MB Docket No. 07-91, as well as meet other criteria 
described in that proceeding.)
SECTION III  NEXT STEPS (For Licensee/Permittees that are not fully 
constructed or operational.)
At present, Licensee/Permittee has the following needs that must be addressed 
before it can fully construct and operate its final, DTV (post-transition) facility: 
(check all that apply and for all checked responses, describe issue and estimated 
date of resolution.) 
(i). Licensee/Permittee needs to obtain FCC action on a pending application. (If 
checked, indicate date filed and relevant FCC File No.)
(ii). Licensee/Permittee needs to obtain international government clearance for 
its post-transition facility.
(iii). Licensee/Permittee needs to obtain FAA approval for its post-transition 
facility. 
Federal Communications Commission FCC 07-228
136
(iv). Licensee/Permittee needs to obtain state or local governmental approval 
(e.g., zoning) for post-transition facility. 
(v). Licensee/Permittee needs to obtain, adjust and/or install equipment for its 
post-transition facility.  (If checked, specify need below and indicate when 
equipment was ordered and expected delivery date.)
(1). New antenna.
(2). Adjust or install antenna (except for side-mount issue).
(3). Switch side-mounted DTV antenna with top-mounted analog antenna.
(4). New transmitter.
(5). Adjust or install transmitter.
(6). General installation of equipment requiring hiring of a tower crew.
(7). Other equipment needs.  (If checked, specify.)
(vi). Licensee/Permittee needs to change its tower location or construct a new 
tower. 
(vii). Licensee/Permittee needs to coordinate its transition with other broadcast 
stations.  (If checked, specify Call Signs of those other stations.)
(viii). Licensee/Permittee has other needs that must be addressed before it can 
fully construct and operate its post-transition facility.  (If checked, specify.)
SECTION IV ANALOG SERVICE
Item 1.  Status of Analog Service. (Check one.)  Note: Full-power television 
broadcast stations must cease broadcasting in analog as of the transition date (i.e., 
February 17, 2009), as required by statute; see 47 U.S.C.  309(j)(14).
(i). Licensee/Permittee will continue to provide full, authorized analog service 
until the transition date.  
(ii). Licensee/Permittee has obtained FCC approval to reduce its analog service 
prior to the transition date.  If checked, indicate relevant FCC File No., date 
reduced service will begin, power level and percentage of population covered by 
Licensee/Permittees analog service. 
(iii). Licensee/Permittee has obtained FCC approval to terminate its analog 
service prior to the transition date.  If checked, indicate relevant FCC File No. and 
date service will cease. 
(iv). Licensee/Permittee has filed an application with the FCC requesting 
approval to reduce its analog service prior to the transition date.  If checked, 
indicate relevant FCC File No., proposed date reduced service would begin, 
proposed power level and percentage of population that would be covered by 
Licensee/Permittees proposed reduced analog service.
(v). Licensee/Permittee has filed an application with the FCC requesting 
approval to terminate its analog service prior to the transition date.  If checked, 
indicate relevant FCC File No. and proposed date service will cease.
Federal Communications Commission FCC 07-228
137
SECTION V  DTV TRANSITION PLAN (For Licensee/Permittees that are not 
fully constructed or operational.)
Licensee/Permittee must describe in detail its plans for ceasing analog broadcasting 
by the February 17, 2009 transition date and for completing construction of its post-
transition facility by the deadline.  For example, plan must include a detailed 
timeline of the Licensee/Permittees plans to complete construction and any 
necessary testing of the Licensee/Permittees full, authorized post-transition facility.
SECTION VI  Anti-Drug Abuse Act Certification and Licensee/Permittees 
signature.
Note: this Form will be posted on www.fcc.gov and www.dtv.gov.
20. The Instructions to the new Form will explain the data elements noted above. 
Federal Communications Commission FCC 07-228
138
APPENDIX D
List of Stations Identified as Ready
to Commence Post-Transition DTV Operations
[Note: This appendix will be attached as a separate MS Excel file.]
Federal Communications Commission FCC 07-228
139
APPENDIX E
Final Regulatory Flexibility Act Analysis
1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA)1 an 
Initial Regulatory Flexibility Analysis (IRFA) was included in the Notice of Proposed 
Rulemaking to this proceeding (Third DTV Periodic Review NPRM).2 The Commission 
sought written public comment on the proposals in the Third DTV Periodic Review NPRM, 
including comment on the IRFA.3 The Commission received no comments on the IRFA.  This 
present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.4
A. Need for, and Objectives of, the Report and Order
2. This Report and Order in the third periodic review of the Commissions rules and 
policies affecting the conversion of the nations broadcast television system to digital television 
(DTV) resolves issues necessary to complete this transition from analog to DTV.  The 
Commission conducts these periodic reviews in order to assess the progress of the DTV 
transition and make any necessary adjustments to the Commissions rules and policies to 
facilitate the introduction of DTV service and the recovery of spectrum at the end of the 
transition.  In 2005, Congress mandated that, after February 17, 2009, full-power television 
broadcast stations must transmit only in digital signals, and may no longer transmit analog 
signals. 
3. With the DTV transition deadline less than 14 months away, our focus is now on 
overseeing broadcasters construction of facilities that will reach viewers in their authorized 
service areas by the time they must cease broadcasting in analog.  Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory responsibilities and can begin 
operations on their final, post-transition (digital) channels upon expiration of the February 17, 
2009 transition deadline.  The Commission wants to ensure that no consumers are left behind in 
the DTV transition.  The Commission recognizes that the transition is a complex undertaking 
presenting many challenges to the broadcast industry, and that some disruption of television 
service may be unavoidable leading up to the analog turn-off.  Therefore, the Commission adopts 
rules to offer broadcasters regulatory flexibility, while at the same time requiring broadcasters to 
maintain the best possible television service to the public and meet viewers over-the-air 
reception expectations after the transition date. 
4. The purpose of this Report and Order, generally, is to (1) provide a progress report on 
the transition; (2) describe the status and readiness of full-power television broadcast stations to 
complete their transition; (3) adopt procedures and rule changes necessary to ensure that 
broadcasters meet the statutory transition deadline and complete construction of their final, post-
transition facilities while maintaining the best possible television service to their viewers; and (4) 
address other issues related to the transition.  Stations face many challenges in order to be ready 
  
1 See 5 U.S.C.  603.  The RFA, See 5 U.S.C.  601 et. seq., has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996). 
2 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9529,  126, and 9548, app. C.
3 Id.
4 See 5 U.S.C.  604.
Federal Communications Commission FCC 07-228
140
to make their transition by the February 17, 2009 statutory transition deadline.  Stations must 
focus their full attention on constructing their final digital facilities before they must cease 
analog operations. 
5. The primary objectives of this Report and Order is to ensure that, by the February 17, 
2009 transition date, all full-power television broadcast stations (1) cease analog broadcasting 
and (2) complete construction of, and begin operations on, their final, DTV facility.  In addition, 
the Report and Order offers broadcasters to the extent possible regulatory flexibility to meet 
these goals.5
6. Mandatory Termination of Analog Television Broadcasting.  By statute, after the 
February 17, 2009 transition date, all full-power television broadcast stations must transmit only 
in digital signals, and may no longer transmit analog signals.6 This statutory mandate affords the 
Commission no discretion to offer any regulatory flexibility to small television broadcasters 
concerning the mandatory analog turn-off.  Rather, to implement this statutory mandate, the 
Commission must ensure that all full-power television broadcast stations cease analog 
broadcasting as of the February 17, 2009 transition date.
7. Construction deadlines for DTV facilities.  The Report and Order sets deadlines for 
all full-power television broadcast stations to complete construction of their final, post-transition 
(DTV) facility in order to ensure that DTV stations will be providing service on their final, post-
transition channels by the February 17, 2009 transition date.7 The Report and Order sets 
construction deadlines based on a stations channel assignment for pre- and post-transition 
operation, and other circumstances affecting the stations ability to complete final, post-transition 
facilities.  The Report and Order establishes the following deadlines for full-power television 
broadcast stations to construct their full, authorized post-transition (digital) facilities (as defined 
in the post-transition DTV Table Appendix B):  (1) May 18, 2008 will be the construction 
deadline for stations that will use their pre-transition DTV channel for post-transition operations 
and already have a construction permit that matches their post-transition (DTV Table Appendix 
B) facilities; (2) August 18, 2008 will be the construction deadline for stations that will use their 
pre-transition DTV channel for post-transition operations, but do not have a license or 
construction permit that matches their post-transition (DTV Table Appendix B) facilities; (3) 
February 17, 2009 will be the construction deadline for:  (a) stations building digital facilities 
based on a new channel allotment in the post-transition DTV Table, i.e., stations that will be 
returning to their analog channel or moving to a new digital channel for post-transition 
operations; and (b) stations demonstrating that a unique technical challenge, such as the need to 
reposition a side-mounted antenna, prevents them from completing construction of their final 
DTV facilities.
  
5 See discussion in Section E. of this FRFA.
6 Congress established February 17, 2009 as the hard deadline for the end of analog transmissions by full-power 
television broadcast stations.  47 U.S.C.  309(j)(14)(A).  Congress has directed the Commission to take such 
actions as are necessary (1) to terminate all licenses for full-power television stations in the analog television 
service, and to require the cessation of broadcasting by full-power stations in the analog television service, by 
February 18, 2009; and (2) to require by February 18, 2009,  all broadcasting by full-power stations in the digital 
television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between 
frequencies 54 and 698 megahertz, inclusive).  47 U.S.C.A.  309 Note.  See supra note 1 of the Report and Order.
7 See supra Section V.B. of the Report and Order.
Federal Communications Commission FCC 07-228
141
8. The Report and Order also adopts rules and policies to limit the situations in which 
stations may obtain more time to satisfy the construction deadlines adopted for completion of 
final, post-transition facilities.8 Stations with a construction deadline on or before February 17, 
2009 must comply with the revised rule Section 73.624(d).9 Specifically, the revised rule 
Section 73.624(d) no longer grants stations additional time to construct because of equipment 
delays, absent extraordinary circumstances.10 The revised rule also requires a stronger 
demonstration of financial hardship than is now required.11 The revised financial hardship 
standard requires the licensee or permittee of a station to show that it is (1) the subject of a 
bankruptcy or receivership proceeding, or (2) experiencing severe financial hardship, as defined 
by negative cash flow for the past three years.  Stations seeking an extension based upon 
financial considerations under this new rule would either (1) submit proof that they have filed for 
bankruptcy or that a receiver has been appointed, or (2) submit an audited financial statement for 
the previous three years.  All such stations must submit a schedule of when they expect to 
complete construction.12 As previously required, stations making such requests must 
electronically file FCC Form 337.13 Stations with a construction deadline occurring February 18, 
2009 or later may only obtain more time to meet their construction deadline under the tolling 
standard set forth in Section 73.3598(b) of the rules, which now applies to DTV singletons, 
analog TV, and other broadcast services.14 Stations must file a notification to inform the 
Commission of the circumstances that it believes should toll its construction period.15 Stations 
filing such notifications must do so electronically through the CDBS using the Informal 
Application filing form.
B. Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
9. There were no comments filed that specifically addressed the rules and policies 
proposed in the IRFA. 
C. Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply
10. The RFA directs the Commission to provide a description of and, where feasible, an 
estimate of the number of small entities that will be affected by the rules adopted.16 The RFA 
  
8 See supra Section V.B.5. of the Report and Order.
9 See revised rule 47 C.F.R.  73.624(d) in Appendix B of the Report and Order.  See also supra Section V.B.5. of 
the Report and Order.
10 See revised rule 47 C.F.R.  73.624(d) (eliminating paragraph (d)(3)(ii)(B)) in Appendix B of the Report and 
Order.  The proposed rule would continue to allow extension requests based on stations' inability to construct 
because of delays in obtaining zoning or FAA approvals, or similar constraints.  47 C.F.R.  73.624(d) (3)(ii)(A).
11 See revised rule 47 C.F.R.  73.624(d) (revising paragraph (d)(3)(ii)(C)) in Appendix B of the Report and Order.
12 See supra Section V.B.5. of the Report and Order.
13 47 C.F.R.  73.624(d).  See OMB Control No. 3060-1001.
14 See revised rule 47 C.F.R.  73.3598 in Appendix B of the Report and Order.  See also supra Section V.C.5. of 
the Report and Order.
15 See 47 C.F.R.  73.3598(c), (d). 
16 Id.  603(b)(3).
Federal Communications Commission FCC 07-228
142
generally defines the term small entity as having the same meaning as the terms small 
business, small organization, and small government jurisdiction.17 In addition, the term 
small business has the same meaning as the term small business concern under the Small 
Business Act.18 A small business concern is one which: (1) is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria 
established by the SBA.19  
11. We adopt our tentative conclusion in the Third DTV Periodic Review NPRM and find 
that only full-power television broadcast stations will be directly and primarily affected by rules 
adopted in this Report and Order. Although we also find that the rules adopted will not directly 
affect Class A TV stations, low power television (LPTV) stations and TV translator stations,20
it is still possible that these entities may be affected by the rules adopted.  We find, however, that 
no other types of entities will be directly affected by the rules adopted.  Therefore, in this FRFA, 
we consider the impact of the rules adopted on small television broadcast stations.  A description 
of such small entities, as well as an estimate of the number of such small entities, is provided 
below. 
1. Entities Directly Affected By Proposed Rules
12. Television Broadcasting. The rules and policies adopted herein apply to television 
broadcast licensees and potential licensees of television service.  The SBA defines a television 
broadcast station as a small business if such station has no more than $13.0 million in annual 
receipts.21 Business concerns included in this industry are those primarily engaged in 
broadcasting images together with sound.22 The Commission has estimated the number of 
licensed commercial television stations to be 1,376.23 According to Commission review of the 
BIA Financial Network, MAPro Television Database (BIA) on March 30, 2007, about 986 of 
  
17 5 U.S.C.  601(6).
18 Id.  601(3) (incorporating by reference the definition of small business concern in 15 U.S.C.  632).  Pursuant 
to 5 U.S.C.  601(3), the statutory definition of a small business applies unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes 
one or more definitions of such term which are appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.  5 U.S.C.  601(3).
19 15 U.S.C.  632.  Application of the statutory criteria of dominance in its field of operation and independence are 
sometimes difficult to apply in the context of broadcast television.  Accordingly, the Commissions statistical 
account of television stations may be over-inclusive.
20 As noted in note 5 of the Report and Order, the statutory transition deadline applies only to full-power stations.  
See 47 U.S.C.  309(j)(14) and 337(e).  The transition timing for LPTV, translator and Class A stations will be 
addressed in a separate proceeding. 
21 See 13 C.F.R.  121.201, NAICS Code 515120. 
22 Id.  This category description continues, These establishments operate television broadcasting studios and 
facilities for the programming and transmission of programs to the public.  These establishments also produce or 
transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the 
public on a predetermined schedule.  Programming may originate in their own studios, from an affiliated network, or 
from external sources.  Separate census categories pertain to businesses primarily engaged in producing 
programming.  See Motion Picture and Video Production, NAICS code 512110; Motion Picture and Video 
Distribution, NAICS Code 512120; Teleproduction and Other Post-Production Services, NAICS Code 512191; and 
Other Motion Picture and Video Industries, NAICS Code 512199.
23 See News Release, Broadcast Station Totals as of December 31, 2006, 2007 WL 221575 (dated Jan. 26, 2007) 
(Broadcast Station Totals); also available at http://www.fcc.gov/mb/. 
Federal Communications Commission FCC 07-228
143
an estimated 1,374 commercial television stations24 (or about 72 percent) have revenues of $13.0 
million or less and thus qualify as small entities under the SBA definition.  The Commission has 
estimated the number of licensed NCE television stations to be 380.25 We note, however, that, in 
assessing whether a business concern qualifies as small under the above definition, business 
(control) affiliations26 must be included.  Our estimate, therefore, likely overstates the number of 
small entities that might be affected by our action, because the revenue figure on which it is 
based does not include or aggregate revenues from affiliated companies.  The Commission does 
not compile and otherwise does not have access to information on the revenue of NCE stations 
that would permit it to determine how many such stations would qualify as small entities.
13. In addition, an element of the definition of small business is that the entity not be 
dominant in its field of operation.  We are unable at this time to define or quantify the criteria 
that would establish whether a specific television station is dominant in its field of operation.  
Accordingly, the estimate of small businesses to which rules may apply do not exclude any 
television station from the definition of a small business on this basis and are therefore over-
inclusive to that extent.  Also as noted, an additional element of the definition of small 
business is that the entity must be independently owned and operated.  We note that it is 
difficult at times to assess these criteria in the context of media entities and our estimates of 
small businesses to which they apply may be over-inclusive to this extent.
14. Class A TV, LPTV, and TV translator stations. The rules and policies adopted herein 
may also apply to licensees of Class A TV stations, low power television (LPTV) stations, and 
TV translator stations, as well as to potential licensees in these television services.  The same 
SBA definition that applies to television broadcast licensees would apply to these stations.  The 
SBA defines a television broadcast station as a small business if such station has no more than 
$13.0 million in annual receipts.27 Currently, there are approximately 567 licensed Class A 
stations, 2,227 licensed LPTV stations, and 4,518 licensed TV translators.28  Given the nature of 
these services, we will presume that all of these licensees qualify as small entities under the SBA 
definition.  We note, however, that under the SBAs definition, revenue of affiliates that are not 
LPTV stations should be aggregated with the LPTV station revenues in determining whether a 
concern is small.  Our estimate may thus overstate the number of small entities since the revenue 
figure on which it is based does not include or aggregate revenues from non-LPTV affiliated 
companies.  We do not have data on revenues of TV translator or TV booster stations, but 
virtually all of these entities are also likely to have revenues of less than $13.0 million and thus 
may be categorized as small, except to the extent that revenues of affiliated non-translator or 
booster entities should be considered. 
  
24 We recognize that this total differs slightly from that contained in Broadcast Station Totals, supra FRFA note 23; 
however, we are using BIAs estimate for purposes of this revenue comparison.  
25 See Broadcast Station Totals, supra FRFA note 23.
26 [Business concerns] are affiliates of each other when one concern controls or has the power to control the other 
or a third party or parties controls or has to power to control both.  13 C.F.R.  121.103(a)(1).
27 See 13 C.F.R.  121.201, NAICS Code 515120. 
28 See Broadcast Station Totals, supra FRFA note 23. 
Federal Communications Commission FCC 07-228
144
2. Entities Not Directly Affected By Rules
15. We adopt our tentative conclusion that the rules adopted herein will not directly affect 
any other types of entities other than full-power television broadcast station licensees and 
permittees.29  In the Third DTV Periodic Review NPRM, we invited comment on this tentative 
conclusion and, in particular, out of an abundance of caution, we invited comment from any 
small cable operators, small multichannel video programming distributors (MVPDs),30 or 
small electronics equipment manufacturers who believed they might be directly affected by the 
proposed rules.31 We did not receive comments on this issue.  Because the rules adopted herein 
pertain only to full-power television broadcast licensees and potential licensees of television 
service, we find that these rules will not directly affect small cable operators, small MVPDs, or 
small electronics equipment manufacturers.  We, thus, adopt our tentative conclusion that these 
entities fall outside the scope of this FRFA.  Accordingly, we do not discuss these entities, which 
were listed in the IRFA.32
D. Description of Projected Reporting, Recordkeeping and other Compliance 
Requirements
16. The rules and policies adopted by this Report and Order will impose mandatory 
compliance and reporting requirements on full-power television broadcast stations, including 
requiring that such stations:  (1) must file a form with the Commission no later than February 18, 
2008 detailing their current transition status and their plans for completing their transitions by the 
statutory deadline, and must file updates to these forms as necessary  and at a minimum by 
October 20, 2008  until they report the completion of their transition;33 (2) must file an 
application for a new or modified construction permit for their final, post-transition (DTV) 
facility, if the station does not have an existing construction permit for such facility;34 (3) must 
file an application for a license to cover their final, post-transition (DTV) facility, if the station 
does not have an existing license for such facility;35 (4) must populate, and update as necessary, 
the Event Information Tables (EITs) in PSIP data with accurate information about each event, 
in accordance with the current version of the ATSC PSIP standard, A/65-C;36 (5) must follow a 
specific format if choosing to identify a licensee that it is transmitting on one of its multicast 
streams;37 and (6) must file a notification to document their status as a station facing a unique 
  
29 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9548, app. C.
30 MVPDs include such entities as Direct Broadcast Satellite (DBS) providers, private cable operators (PCOs), also 
known as satellite master antenna television (SMATV) systems, home satellite dish (HSD) services, multipoint 
distribution services (MDS)/multichannel multipoint distribution service (MMDS), Instructional Television Fixed 
Service (ITFS), local multipoint distribution service (LMDS) and open video systems (OVS).
31 See Third DTV Periodic Review NPRM, 22 FCC Rcd at 9548, app. C.
32 See id.
33 See supra Section V.A.1. of the Report and Order. 
34 See supra Section V.D. of the Report and Order.
35 See supra Section V.D.2. of the Report and Order.
36 See supra Section V.H.3. of the Report and Order.  PSIP data is transmitted along with a stations DTV signal and 
provides DTV receivers with information about the station and what is being broadcast.  See id. 
37 See supra Section V.H.5. of the Report and Order.
Federal Communications Commission FCC 07-228
145
technical challenge (warranting a February 17, 2009 construction deadline), if they do not file, 
or do not include such information in, an application for post-transition facilities (Forms 301 or 
340).38
17. In addition, the rules and policies adopted in this Report and Order will impose 
additional compliance and reporting requirements on full-power television broadcast stations that 
choose to take advantage of voluntary opportunities for regulatory flexibility offered by this 
Report and Order.  Because these voluntary requirements may afford small television broadcast 
stations the opportunity for regulatory flexibility and reduced burdens, they are discussed in 
Section E. of this FRFA.39
18. Transition Status Form.  The Report and Order will require that every full-power 
television broadcast station must file a form with the Commission no later than February 18, 
2008 that details (1) the current status of the stations digital transition; (2) the additional steps, if 
any, the station needs to take to be prepared for the transition deadline; and (3) their timeline to 
meet the transition deadline.40 These filings will be posted on the Commissions website.  
Stations must update the form as events warrant and by October 20, 2008 if they have reported 
the completion of their transition.  These forms will assist the Commission, industry, and the 
public in assessing progress and making plans for the transition date.  The form will provide 
information on the status of each stations construction of final, DTV facilities, allowing the 
Commission, industry, and the public to track the progress of the DTV transition. 
19. Applications for New or Modified Construction Permits.  Under the current rules, 
stations that need to construct or modify DTV facilities must file construction permit or 
modification applications.41 Commercial stations must file FCC Form 301 and NCE stations 
must file FCC Form 340.42 Stations may file an application to modify their authority on their 
current DTV channel at any time, provided they do not violate the terms of the Commissions 
filing freeze.43 According to the Report and Order, 634 stations will not be using their currently 
authorized DTV channel for post-transition operations and will, therefore, need to file an 
application to construct their final, DTV facility.  In addition, if any of the 1,178 stations that 
will use their currently authorized DTV channel for post-transition operations need to change 
their DTV facilities, e.g., because if they do not have an authorization for their intended 
operations, then such stations will need to file a modification application.44 Thus, both these 
groups of stations will need to file applications for their final, post-transition facility.  In 
addition, stations that file such applications will also need to file applications for a license to 
cover their final, post-transition facility.
  
38 See, supra, Sections V.B.3. of the Report and Order.
39 To request various opportunities for regulatory flexibility, stations would have to file applications with the 
Commission.  See, e.g., Section VI.B. of the Report and Order (listing proposed information collections contained in 
the Report and Order).
40 See supra Section V.A.1.of the Report and Order.
41 See 47 C.F.R.  73.1690(b), 73.3533(a), 73.3538. 
42 Id.
43 See supra Section V.D. of the Report and Order.
44 See id.
Federal Communications Commission FCC 07-228
146
20. Program System and Information Protocol (PSIP) standard.  The Report and Order 
revises rule Section 73.682(d) to reflect the revisions to the ATSC Program System and 
Information Protocol (PSIP) standard since the Second DTV Periodic Report and Order.45 The 
current version of the ATSC PSIP standard is A/65-C.  PSIP data is transmitted along with a 
stations DTV signal and provides DTV receivers with information about the station and what is 
being broadcast.  PSIP data provides a method for DTV receivers to identify a DTV station and 
to determine how a receiver can tune to it.  For any given station, the PSIP data transmitted along 
with the digital signal identifies both its DTV channel number and its analog channel number 
(referred to as the major channel number), thereby making it easy for viewers to tune to the 
stations DTV channel even if they only know the stations major channel number.  In addition, 
PSIP data tells the receiver whether multiple program streams are being broadcast and, if so, how 
to find them.  It also identifies whether the programs are closed captioned, conveys available V-
chip information, and provides program information, among other things.46 The Commission has 
recognized the utility that the ATSC PSIP standard offers for both broadcasters and consumers.  
This new revision to the ATSC standard further enhances the PSIP standard and support for 
delivery of data.  The updated ATSC PSIP standard now requires broadcasters to populate the 
EITs with accurate information about each event and to update the EIT if more accurate 
information becomes available.47 Currently, many broadcasters provide only general information 
in the EIT tables.  For example, a network affiliate may provide network programming as the 
descriptor for the majority of its program offerings. 
21. Station Identification Requirement.  The Report and Order revises rule Section 
73.1201 of the rules, regarding station identification requirements for DTV stations in 
circumstances in which one of a stations multicast streams is being used to air programming 
provided by another broadcast station or another programming source.48 In these situations, the 
rules do not require that the source of the programming be identified by the station whose 
multicast stream is being used to carry the programming.  However, if the station whose 
multicast stream is being used to carry the programming chooses to identify the station that is the 
source of the programming, the rules are revised to require that the following format be used in 
making that station identification:  Station WYYY-DT, community of license (call sign and 
community of license of the station whose multicast stream is transmitting the programming), 
bringing you WXXX, community of license (call sign and community of license of the licensee 
providing the programming).
E. Steps Taken to Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered
22. The RFA requires an agency to describe any significant alternatives that it has 
considered in reaching its proposed approach, which may include the following four alternatives 
(among others): (1) the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small entities; (2) the clarification, 
  
45 See supra Section V.H.3. of the Report and Order.  See also revised rule 47 C.F.R.  73.682(d) in Appendix B of 
the Report and Order.
46 Id.
47 See supra Section V.H.3. of the Report and Order. 
48 See supra Section V.H.5. of the Report and Order.  See also revised rule 47 C.F.R.  73.1201 in Appendix B of 
the Report and Order.
Federal Communications Commission FCC 07-228
147
consolidation, or simplification of compliance or reporting requirements under the rule for small 
entities; (3) the use of performance, rather than design, standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for small entities.49
23. As previously noted, the Commission has no discretion to offer any regulatory 
flexibility to small television broadcasters concerning the mandatory analog turn-off on the 
February 17, 2009 transition date.  Rather, to implement this statutory mandate, the Commission 
must ensure that all full-power television broadcast stations, including small stations, cease 
analog broadcasting as of the February 17, 2009 transition date.
24. The Report and Order, however, does offer stations opportunities for regulatory 
flexibility with respect to the other mandatory compliance requirements, most specifically to the 
post-transition construction deadlines.  In formulating these opportunities for regulatory 
flexibility, the Commission considered the benefits of such regulatory relief to small stations, 
particularly to NCE stations and small market stations (i.e., stations which are not a top-four 
network in markets 1-100).  To qualify for, and benefit from, some of these opportunities, 
however, stations must satisfy additional compliance or reporting requirements. 
25. Such opportunities for regulatory flexibility adopted by this Report and Order that 
will benefit small stations include the following:  (1) Stations may qualify for expedited 
processing of their applications to build post-transition facilities to speed their receipt of 
construction permits for such facilities; (2) Stations that will not use their pre-transition DTV 
channel for post-transition operations may forego further construction of their pre-transition 
DTV channel to the extent that such a facility has been partially built in order to focus their 
efforts on constructing their final DTV facility on their post-transition channel; (3) Stations may 
seek STA for one of two provisions for a phased transition that would afford qualifying 
stations regulatory relief in meeting their post-transition construction deadlines without 
disappointing viewer expectations after the transition date; and (4) Stations may request 
Commission approval to reduce or terminate analog TV or pre-transition DTV service before the 
transition date if doing so would facilitate their transition, provided they satisfy a viewer 
notification requirement.
26. Expedited Processing.  The Report and Order adopts rules and policies to offer 
expedited processing of stations applications to build their post-transition facilities that may 
well benefit smaller stations.  Stations may obtain expedited processing provided that their 
application:  (1) does not seek to expand the stations facilities beyond its final DTV Table 
Appendix B facilities; (2) specifies facilities that are no more than five percent smaller than those 
specified in the post-transition DTV Table Appendix B (with respect to predicted population); 
and (3) is filed within 45 days of the effective date of this Report and Order.50 It is each stations 
responsibility to ensure that it can begin operations on its post-transition channel no later than the 
deadline for the transition on February 17, 2009.  Stations also have the responsibility to file their 
applications in sufficient time before the deadline so that they may be granted by the 
Commission. 
27. Minor Expansion Applications.  The Report and Order also adopts a waiver policy 
that will permit rapid approval of minor (i.e., not exceeding 5 miles) expansion applications filed 
  
49 5 U.S.C.  603(c)(1)-(c)(4)
50 See supra Section V.D.1. of the Report and Order.
Federal Communications Commission FCC 07-228
148
by stations that will not use their pre-transition DTV channel for post-transition operation.  This 
policy will allow added flexibility for stations that wish to use their existing analog channel 
antenna, which provides benefits for the successful completion of the transition by reducing the 
demands on equipment suppliers and installation crews during a critical time as the transition 
date nears.51
28. Regulatory Relief in Meeting Construction Deadlines.  With respect to the 
construction deadlines established for stations to build final, post-transition facilities, the Report 
and Order offers a variety of opportunities for regulatory flexibility if it would facilitate the 
transition and ensure that all full-power stations meet the February 17, 2009 statutory transition 
date.  Small stations, including NCE stations and small market stations (i.e., stations which are 
not a top-four network in markets 1-100) may particularly benefit from these opportunities for 
regulatory relief because of the unique challenges they may face in completing their transition. 
29. While establishing a stricter standard for requests for extension of time to construct 
DTV facilities, the Report and Order eliminates the requirement for some stations that they build 
pre-transition DTV facilities on channels that are not their post-transition channel.52 This will 
help many small stations facing financial challenges to complete construction of DTV facilities 
while also ensuring that broadcasters continue to focus on the timely construction of the facilities 
necessary to transition away from analog transmission by the transition date.  The Report and 
Order also allows stations to operate on newly allotted post-transition facilities before the 
transition deadline provided they would not interfere with existing, pre-transition service.53
30. Provisions for a Phased Transition.  The Report and Order permits stations that are 
moving to a different DTV channel for post-transition operations to temporarily remain on their 
pre-transition DTV channel while they complete construction of their final digital facilities, 
provided: (1) They build facilities that serve at least the same population that receives their 
current analog TV and DTV service so that over-the-air viewers will not lose TV service; and (2) 
They do not cause impermissible interference to other stations or prevent other stations from 
making their transition.54 The Report and Order also permits stations to operate their post-
transition facilities, pursuant to STA, at less than their full, authorized facilities, provided: (1) 
They demonstrate a legitimate impediment to the construction of such facilities; (2) They build 
facilities that serve at least the same population that receives their current analog TV and DTV 
service so that over-the-air viewers will not lose TV service; and (3) They do not cause 
impermissible interference to other stations or prevent other stations from making their 
transition.55 To provide additional regulatory relief for NCE and small market stations (i.e., 
stations which are not a top-four network in markets 1-100), the Commission will consider on 
case-by-case basis allowing these stations a reduced service requirement if their circumstances 
warrant it.56  
  
51 See supra Section V.E. of the Report and Order.
52 See supra Section V.B.1. of the Report and Order. 
53 See supra Section V.C.3.a. of the Report and Order.
54 See supra Section V.B.7.a. of the Report and Order.
55 See supra Section V.B.7.b. of the Report and Order.
56 Id.
Federal Communications Commission FCC 07-228
149
31. Permanent Reduction or Termination of Analog TV or Pre-Transition DTV Service.  
To facilitate the construction of, and commencement of operations on, post-transition facilities, 
the Report and Order provides stations with the flexibility to permanently reduce or terminate 
their analog or pre-transition digital service before the transition date, provided the station 
satisfies the following two requirements:  (1) The station demonstrates that its service reduction 
or termination is directly related to the construction and operation of its, or another stations, 
post-transition facilities; and (2) The station notifies viewers on its pre-transition channel(s) 
about the planned service reduction or termination and informs them about how they can 
continue to receive the station.57 In addition, stations may file only a notification to permanently 
reduce or terminate analog or pre-transition DTV service within 90 days of the transition date, 
subject only to a viewer notification requirement.  These opportunities may provide financial 
relief to small stations by freeing them to focus their efforts on completion of their final, post-
transition facility.  Stations must file these requests electronically through the CDBS using the 
Informal Application filing form.
32. Temporary Service Disruptions of Less Than 30 Days.  The Report and Order also 
clarifies that Section 73.1615 of the Commissions rules permits stations to reduce or cease 
service temporarily without prior Commission approval in order to modify existing facilities.58  
Stations may use this existing provision to temporarily reduce or cease existing analog or pre-
transition digital service where necessary to facilitate construction of final post-transition 
facilities.  Because this provision does not require prior Commission authorization, and does not 
require licensees to justify the need for the service disruption, this provision gives stations 
substantial flexibility to temporarily reduce or cease analog or digital service pre-transition.  
Stations must notify the Commission before commencing the temporary reduction or cessation of 
service, but do not need prior Commission approval. The flexibility accorded by Section 
73.1615 is intended for service disruptions of 30 days or less.  Stations must file these 
notifications (pursuant to Section 73.1615) electronically through the CDBS using the Informal 
Application filing form.
33. Other Alternatives Considered.  The Third DTV Periodic Review NPRM sought 
comment on whether small broadcasters would be particularly impacted by updating Section 
73.682(d) to reflect the new revisions to the ATSC PSIP standard.  No comments were received 
on this issue.  The Report and Order determines that the value of EITs to consumers outweighs 
the burdens of this requirement.59 The Third DTV Periodic Review NPRM also encouraged 
broadcasters to suggest alternative proposals that would avoid the imposition of significant and 
unreasonable burdens on small TV broadcasters, consistent with the statutory mandate for full-
power TV broadcast stations to cease analog broadcasting by February 17, 2009, as well as with 
broadcasters obligation to provide and maintain the best possible TV service to the public.  No 
comments were received on this issue.
F. Federal Rules Which Duplicate, Overlap, or Conflict with the Commissions 
Proposals
34. None.
  
57 See supra Section V.C.2-3. of the Report and Order.
58 See supra Section V.C.1. of the Report and Order.
59 See supra Section V.H.3. of the Report and Order.
Federal Communications Commission FCC 07-228
150
G. Report to Congress
35. The Commission will send a copy of this Report and Order, including this FRFA, in a 
report to be sent to Congress pursuant to the Congressional Review Act.60 In addition, the 
Commission will send a copy of this Report and Order, including the FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration.  A copy of this Report and Order 
and FRFA (or summaries thereof) will also be published in the Federal Register.61
  
60 See 5 U.S.C.  801(a)(1)(A).  The Congressional Review Act is contained in Title II,  251, of the CWAAA; see 
Pub. L. No. 104-121, Title II,  251, 110 Stat. 868.
61 See 5 U.S.C.  604(b).
Federal Communications Commission FCC 07-228
151
APPENDIX F
Stations Granted Extension Requests
[Note: This appendix will be attached as a separate MS Excel file.]
Federal Communications Commission FCC 07-228
152
STATEMENT OF 
CHAIRMAN KEVIN J. MARTIN
Re:  Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion 
to Digital Television.
Today we take another important step toward facilitating a timely digital transition.  
Facilitating a smooth transition, however, is not an easy task.  With this Order, the Commission 
has made technical adjustments to its rules and policies to enable broadcasters to take the actions 
necessary to complete the conversion from analog to digital.  As all major changes tend to be, the 
coming transition to digital television transmission is an excitingbut complicatedrevolution.  
The rules we adopt in this item attempt to provide broadcasters the flexibility they need while at 
the same time ensuring that any disruption to over-the-air viewers is minimized to the fullest 
extent possible.  
Importantly, the Commissions oversight over this process does not end here.  We require 
broadcasters to update us on their progress toward meeting their statutory deadline for the 
transition.  Such reports must be filed in February 2008 and October 2008.  The Commission will 
review this information, assess the progress toward meeting the transition, and take whatever 
actions are necessary to ensure that the digital transition remains on track.  It is by taking 
concrete steps to advance this transition that we can ensure that the broadcast spectrum is made 
available as soon as possible for critically important public safety needs and broadband wireless 
uses.  We are committed to making the digital transition proceed as swiftly and smoothly as 
possible.
Federal Communications Commission FCC 07-228
153
SEPARATE STATEMENT OF 
COMMISSIONER MICHAEL J. COPPS
Re: In the Matter of Third Periodic Review of the Commissions Rules and Policies Affecting 
the Conversion to Digital Television.
One year earlier would have been the charm.  Sometimes timing is everything, and here a 
year's earlier start might have been the difference between a seamless and a chaotic Digital TV 
Transition.  Had we acted then, we could have established a far more measured and orderly 
switch-over process, and the difficult trade-offs and compressed schedules contained in this 
Order could have been largely avoided.  If a dissent could legitimately be based on frustration at 
being stuck in this situation, I would dissent todayI am that frustrated by our inaction.
But we are where we are. Given that fact, I think the Order does an acceptable job of 
balancing the various technical and policy factors in play.  Unfortunately, at this point, the 
transition will not be as smooth as it might have been.  Not every consumer will have access to 
all of their analog broadcast channels on February 17, 2009 and then wake up happily the next 
morning to those same stations in digital.  There will be some period of timeperhaps before the 
transition date and almost certainly afterin which some stations may not be able to provide 
service to all of their viewers.  Thankfully, the Order adopts our earlier proposal to require every 
broadcast station in the country to file a DTV status report this Februarytelling us where they 
are, what more they need to do, and how they plan to get there.  Those reports should give us a 
much better picture of specific issues that may arisehopefully, with enough time to address 
them.
Pulling the switch on stations all across the land at one and the same time in February 
2009 is going to be a real throw of the dice.  It is unfathomable to me that we are planning to turn 
off every analog signal in the country on a single day without running at least one test market 
first. Other countries are transitioning over time, with phased schedules.  The United Kingdom, 
for example, is transitioning between 2007 and 2012, region-by-region, learning at every step 
along the way and making the necessary adjustments.  The UK recently transitioned the small 
town of Whitehaven as the first step in a multi-year transition plan; a few years ago, Germany 
took a similar step in Berlin.  The lessons learned from those initial test markets doubtless will 
prove invaluable to those countries broader transition efforts.  We need some of that real-world 
experience here. Why in the world aren't we doing that?  I am encouraged that the Chairman and 
my colleagues are willing to sit down now and begin exploring the idea of one or more DTV 
demonstration projects around the country.   I recognize there may be legal, technical, and 
practical challenges with planning and conducting such a test this close to the national transition 
date.  But I believe it can be done.  At leastfor the sake of a successful DTV transitionlets 
hope it can.     
 
Federal Communications Commission FCC 07-228
154
STATEMENT OF 
COMMISSIONER JONATHAN S. ADELSTEIN
Re:  In the Matter of Third Periodic Review of the Commissions Rules and Policies Affecting 
the Conversion To Digital Television.
I have long advocated that the Commission take steps to ensure that over-the-air viewers 
are not disenfranchised during or after the digital TV transition, and that all full-power stations 
are prepared to cease analog transmission and to operate in digital by the end of the transition on 
February 17th, 2009.  I support this item because it provides critical information for broadcasters 
to complete their stations transition from analog to digital transmission.  I am pleased we took 
steps to ensure that this Order, in large part, offers the flexibility and guidance required for 
broadcasters to make the necessary transition.  It is too late in the game to put broadcasters under 
unduly tight restraints as they rush to complete so much work in so little time.
I am also pleased we recently accelerated our consideration of this Order.  For example, 
in much of the country, important technical work on towers and antennae cannot be 
accomplished in the winter months, so every day is critical.  We have lost valuable time focused 
on other more tangential aspects of the transition while not moving forward on clarifying urgent 
demands on broadcasters to get a huge job done in short order.  While this should have been 
completed even earlier, it is critical that we finished this year.  
Because the law does not provide for any waivers or extensions of time, 
February 17th, 2009 is indeed the last day that full-power broadcast stations will be allowed to 
transmit in analog.  There are a total of 1,812 stations that will be serving the American people 
after the transition but, to date, a little over 800 stations are considered to have fully completed 
construction of their digital facilities and are capable of broadcasting in digital in the final 
position from which they will broadcast.  This data demonstrates the urgent need to have in place 
the deadlines we establish in this Order for broadcasters to finish their construction.  This is 
especially important because the failure by broadcasters to do so will result in their loss of 
interference protection.  
So, I am encouraged that we have at last lit the pathway for broadcasters, who have 
invested billions into this effort, to take the final steps on completing the analog to digital 
transition.  I believe this item strikes the appropriate balance in providing specific guidance 
while taking into account the various conditions faced by each broadcaster.  In particular, while 
this Order sets strict construction deadlines, the item also recognizes the unique technical 
challenges and other considerations, including weather, equipment shortages, and availability of 
tower crews, facing broadcasters.  Broadcasters with genuine and demonstrable difficulties 
should be allowed the requisite flexibility, whether it is extensions, late transitions, or pre-
transition service reductions and terminations.  This additional flexibility should alleviate some 
of the technical challenges and other concerns broadcasters have raised in this proceeding.  
I continue to believe, however, that poor long-term planning and the continued lack of a 
national, federal and an internal FCC coordination plan have left us in the unfortunate position of 
playing catch-up.  Rather than being proactive  anticipating problems and concerns, and 
developing an effective strategy  weve been reactive.  And so while this Order helps to propel 
Federal Communications Commission FCC 07-228
155
the DTV Transition forward, we must be mindful that there is still a lot at stake and we owe it to 
the American public not to fail.  
I think we have truly taken the right step by establishing a requirement that broadcasters 
complete a transition status form detailing their transition status, any additional steps needed to 
commence their full, digital operations, as well as their timeline to meet the February 17, 2009 
deadline.  I appreciate the majority support for additionally committing to prepare a report on the 
status of the DTV transition on the basis of the information provided in these forms.  It is 
imperative that we have a comprehensive sense of where each full-power broadcast station is 
prior to the end of the transition.  And while each individual form will be posted on the 
Commissions website, we, along with Congress, will benefit from a comprehensive report to 
provide both the broadcaster and ourselves sufficient time for any mid-course correction.  
As Ive reiterated during this process, everyone has a lot invested in this transition, and 
with coordinated effort, we can succeed in getting it done right.
Federal Communications Commission FCC 07-228
156
STATEMENT OF 
COMMISSIONER DEBORAH TAYLOR TATE
Re: Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion 
to Digital Television.
This Order reflects the joint commitment of broadcasters, industry, and the FCC to ensuring a 
seamless transition for all Americans on February 17, 2009. The multifaceted details of the DTV 
transition are highly-technical and require expert attention. We must provide broadcasters 
support and structure as we close in on the final months before the transition.
This Order is the result of input from broadcasters, and will allow them flexibility in making 
structural changes to their facilities. A one-size-fits-all approach is not prudent for an industry 
that serves thousands of diverse communities. From visiting the top of the Empire State Building 
with engineers, to meeting with local Tennessee broadcasters, one thing is clear-- this will take 
individualized planning for the unique issues all across the country. I am pleased that this Order 
represents an understanding of the geographic, economic, and technical realities faced by 
American broadcasters as we approach the transition deadline.
The DTV transition is the most significant television revolution since the advent of color tv, and 
will likely result in incredible innovations for consumers as we realize the benefits of valuable
spectrum now available for new technologies.  I hope that we will continue to work together to 
effect a smooth and seamless transition.
Federal Communications Commission FCC 07-228
157
STATEMENT OF 
COMMISSIONER ROBERT M. MCDOWELL
Re: Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion 
to Digital Television.
Todays Order provides a progress report on the digital transition, establishes deadlines 
and procedures to ensure that the February 17, 2009 transition date is met and offers regulatory 
flexibility to broadcasters to facilitate their construction of digital facilities by the deadline.  The 
specifics set forth in the Order regarding when stations may and must cease analog operations, 
when they may and must begin operating on their post-transition digital channel, and what 
regulatory flexibility they have, will help ensure that the complicated, coordinated switch to 
DTV becomes a reality.   
Of course, the broadcasters and the Commission still have a tremendous amount of work 
to do before February 17, 2009.  The transition is an extremely complex undertaking that 
presents many challenges to the industry and to us as regulators.  Many broadcasters will want 
more flexibility than we grant them in this Order.  However, we have attempted to balance 
carefully their need for flexibility and certainty with the Commissions obligation to oversee the 
transition for the benefit of over-the-air viewers.     
I thank and congratulation the Media Bureau staff for their tireless work on this Order.