Federal Communications Commission FCC 07-70
1
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
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MB Docket No. 07-91
NOTICE OF PROPOSED RULEMAKING
Adopted:  April 25, 2007  Released:  May 18, 2007
Comment Date:  [30 days after date of publication in the Federal Register]
Reply Comment Date:  [45 days after date of publication in the Federal Register] 
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 .................................................................................................................... 2
III. BACKGROUND.................................................................................................................................... 3
IV. PROGRESS REPORT............................................................................................................................ 7
A. Status of DTV Operations................................................................................................................ 8
B. Status of Consumer Capability to Receive DTV Signals............................................................... 12
C. Status of Broadcasters Transition ................................................................................................. 16
1. Category One: Stations remaining on their current DTV in-core channel .............................. 21
2. Category Two: Stations returning to their analog in-core channel.......................................... 24
3. Category Three: Stations moving to a completely new in-core channel ................................. 28
4. Singleton stations..................................................................................................................... 29
V. ISSUE ANALYSIS .............................................................................................................................. 33
A. Reduction and Termination of Analog Service.............................................................................. 37
B. Return of Pre-Transition DTV Channel; Flash Cut Requests........................................................ 48
C. Construction Deadline for Full, Authorized DTV Facilities.......................................................... 53
1. Stations Whose Post-Transition Channel is Different From Their Pre-Transition DTV 
Channel.................................................................................................................................... 60
2. Stations Whose Post-Transition Channel is the Same as Their Pre-Transition DTV 
Channel.................................................................................................................................... 67
3. Other Situations....................................................................................................................... 72
4. Extension/Waiver of DTV Construction Deadlines ................................................................ 79
Federal Communications Commission FCC 07-70
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5. Early Transition....................................................................................................................... 88
6. Additional Proposals to Provide Regulatory Relief................................................................. 89
D. Applications to Construct or Modify DTV Facilities .................................................................... 92
E. Expanding Facilities....................................................................................................................... 97
F. Interference Standards.................................................................................................................. 100
1. Proposed Interference Criteria............................................................................................... 103
2. Pre-Transitional Operations................................................................................................... 113
G. Other Issues.................................................................................................................................. 114
1. DTV Transmission Standard (ATSC A/53) .......................................................................... 114
2. Program System and Information Protocol (PSIP) Standard............................................. 117
3. Fees for Ancillary and Supplementary Services.................................................................... 120
4. Station Identification ............................................................................................................. 121
5. Coordination with Cable Operators, Satellite Systems and Other MVPD Providers............ 124
VI. PROCEDURAL MATTERS.............................................................................................................. 126
A. Initial Regulatory Flexibility Act Analysis.................................................................................. 126
B. Initial Paperwork Reduction Act of 1995 Analysis ..................................................................... 127
C. Ex Parte Rules.............................................................................................................................. 131
D. Filing Requirements..................................................................................................................... 132
VII.ORDERING CLAUSES..................................................................................................................... 138
APPENDICES
APPENDIX A - Proposed Rule Changes
APPENDIX B - Proposed Changes to FCC Forms
APPENDIX C - Initial Regulatory Flexibility Act Analysis
APPENDIX D - List of Stations Believed Ready to Commence Post-Transition Operations
I. INTRODUCTION
1. Congress has mandated that after February 17, 2009, full-power broadcast stations must 
transmit only in digital signals, and may no longer transmit analog signals.1 With this Notice of Proposed 
Rule Making (Notice), we begin our third periodic review of the transition of the nations broadcast 
television system from analog to digital television (DTV).2 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.  Here, we consider how to ensure that broadcasters complete construction of their final, post-
transition (digital) facilities by the statutory deadline. 
  
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. See infra notes 35 and 36. 
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 infra notes 7 and 8. 
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II. EXECUTIVE SUMMARY
2. In this Third DTV Periodic Review, we (1) provide a progress report on the transition; (2) 
describe the status and readiness of existing stations to complete the transition; (3) analyze and propose 
the procedures and rule changes necessary to complete the transition; and (4) address other issues related 
to the transition.  Stations that have not completed construction of their post-transition channels must 
focus their full attention on the construction efforts necessary to move from analog to digital transmission 
no later than the February 17, 2009 deadline established by Congress.  Specifically, we propose the 
following actions to facilitate the transition for full-power television stations:3
 We tentatively conclude that February 17, 2009 will be the construction deadline for stations 
that are building digital facilities based on their new channel allotments in the new DTV 
Table of Allotments (DTV Table) and accompanying Appendix B (new DTV Table 
Appendix B), which will be established by an order in the Commissions DTV proceeding, 
MB Docket No. 87-268 (i.e., stations whose DTV channel for pre-transition operation is not 
their channel for post-transition use).4 [Section V.C.1. and proposed rule 47 C.F.R.  
73.624(d)(1)(v) in Appendix A] 
 We propose that stations whose post-transition channel is the same as their pre-transition 
DTV channel, who are not facing unique technical challenges, and who are granted either an 
extension in the Construction Deadline Extension Order or a waiver in the Use-or-Lose 
Order must complete construction of their DTV facilities by the deadline established in those 
orders (i.e., six months from the release date of the orders).  These stations have had their 
post-transition channel assignments for several years.  [Section V.C.2.] 
 We propose that February 17, 2009 will be the construction deadline for stations facing 
unique technical challenges, such as those with side-mounted digital antennas or similar 
situations in which the operation of their analog service prevents the completion of their full, 
authorized digital facilities.  [Section V.C.3.]
 We tentatively conclude that stations that have not completed construction of full, authorized 
facilities on their pre-transition channel may be excused from completion of construction if 
this is not their post-transition channel.5 These stations will be permitted to carry-over 
protection to their full, authorized facilities.  [Section V.C.1.]
  
3 We note that the statutory transition deadline applies only to full-power stations.  See 47 U.S.C.  309(j)(14) and 
337(e).  We will address the digital transition for low power television (LPTV) stations in a separate proceeding.  
The Commission previously determined that it has discretion under 47 U.S.C.  336(f)(4) to set the date by which 
analog operations of stations in the low power and translator service must cease.  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).  Accordingly, the Commission 
decided not to establish a fixed termination date for the low power digital television transition until it resolved the 
issues concerning the transition of full-power television stations.  Id. at 19336  19. 
4 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 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).  The Seventh FNPRM sets forth a channel 
for each eligible broadcast TV station in the proposed new DTV Table.  The details of each stations channel 
assignment, including technical facilities and predicted service and interference information, are set forth in the 
proposed new DTV Table Appendix B.  
5 Our proposal applies to stations that have pending construction permits (CPs), that have requested CP 
extensions, that have been granted CP extensions, that have been granted waivers of the use-or-lose deadlines, and 
that have waivers for their checklist facility deadline.
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 We propose to restrict the situations in which grants of an extension of time to construct 
digital facilities will be considered for construction deadlines prior to the end of the 
transition.  In addition, beginning February 17, 2009, we propose to apply the existing 
tolling standard applied to analog stations to requests for additional time to construct digital 
facilities and will toll the construction deadline only in limited and unavoidable 
circumstances.  [Section V.C.4. and proposed rule 47 C.F.R.  73.624(d)(3) in Appendix A]
 We propose to require all full-power television stations to file a form with the Commission 
detailing their current transition status, additional steps necessary in order to be prepared for 
digital-only operation on February 17, 2009, and a timeline for making those steps.  [Section 
V.,  35 and Appendix B]
 We consider whether and, if so, under what circumstances we should accept new requests by 
stations to return their pre-transition-only DTV channel (i.e., a DTV channel that is not their 
final, post-transition channel) before the end of the transition and flash cut from their 
analog channel to their post-transition channel.  [Section V.B.] 
 We examine the circumstances in which a station may be allowed to reduce or terminate its 
analog service to facilitate construction of its final, DTV facility on its post-transition 
channel. [Section V.A.]
 We propose to allow stations to operate on newly allotted post-transition facilities before the 
transition deadline provided they would not interfere with existing, pre-transition service. 
[Section V.C.5.]
 We request comment on additional proposals to provide stations with regulatory flexibility to 
facilitate stations construction of their post-transition facilities by the statutory deadline.  
[Section V.C.6.]
 We propose to offer expedited processing to a station applying for a CP to build its post-
transition channel, provided that its application (i) does not seek to expand the stations noise-
limited service contour in any direction beyond that established by the new DTV Table 
Appendix B; (ii) specifies facilities that match or closely approximate those new 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 deviate no more than 
five percent from those new DTV Table Appendix B facilities with respect to predicted 
population); and (iii) is filed within 45 days of the effective date of Section 73.616 of the 
rules adopted in the Report and Order in this proceeding.  We propose to revise FCC Forms 
301 and 340 accordingly. [Section V.D. and Appendix B] 
 We tentatively conclude that we will not accept applications to expand post-transition 
facilities until we have completed processing the applications to build authorized facilities, 
but we seek comment on ways to consider expansion applications sooner without delaying 
the transition. [Section V.E.]
 We tentatively conclude to adopt a new 0.5 percent interference standard to apply to 
maximizations and to new channel allotments after the transition. [Section V.F. and proposed 
rule 47 C.F.R.  73.616 in Appendix A]
 We propose to update the Commissions rules to reflect any revisions to the ATSC standards 
concerning DTV transmission and PSIP since the adoption of the Second DTV Periodic 
Report and Order. [Sections V.G.1. and V.G.2. and proposed rule 47 C.F.R.  73.882(d) in 
Appendix A]
 We seek comment on whether the Commission can and should revise Section 73.624(g) to 
require DTV stations that are permittees operating pursuant to a DTV STA or other FCC 
authorization for DTV transmission 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.  [Section V.G.3.]
 We invite comment on whether further amendments are needed to the station identification 
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rules and, in particular, whether the current rules provide for appropriate identification of 
multicast channels.  [Section V.G.4.]
 We invite comment on whether coordination is needed between broadcasters and MVPDs to 
ensure a smooth transition, whether this coordination is underway, and what actions the 
Commission should take to assist broadcasters with their coordination efforts. [Section 
V.G.6.]
III. BACKGROUND
3. Congress specifically requires the Commission to evaluate the progress of the nations 
transition to digital television.6 The first DTV periodic review began in March 20007 and the second in 
January 2003.8 In addition to these periodic reviews, the Commission has continued to conduct its DTV 
proceeding, through which it has developed new channel allotments and assignments.9 The Commission 
recently issued a Seventh FNPRM in connection with the DTV proceeding.10
4. The Second DTV Periodic Report and Order established a three-round channel-election 
process through which eligible broadcast licensees and permittees (collectively, licensees) selected their 
  
6 See 47 U.S.C.  336(g). 
7 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).
8 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).  
9 The Commission established the initial DTV Table of Allotments in 1997.  See 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).  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).  
10 See generally Seventh FNPRM, supra note 4. 
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post-transition channels inside the core TV spectrum (i.e., channels 2-51).11 At the start of this process, 
licensees proposed their post-transition facilities.12 After each channel election round, the Commission 
announced proposed post-transition channels  called tentative channel designations (TCDs). 
5. The channel election process culminated in the adoption of the Seventh FNPRM, which 
proposed a new DTV Table.13 The proposed new DTV Table provides eligible stations with channels for 
post-transition operations inside the core TV spectrum.  The DTV Table is based on the TCDs announced 
for stations, 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.14 The 
proposed DTV Table will ultimately replace the current DTV Table.15
6. 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.16 The DTV Act does not provide for waivers or extensions of this deadline for cessation of 
analog broadcasts.17 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.18 Full-power TV broadcast stations must be operating inside the core TV 
  
11 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.  
12 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.
13 Comments on the proposed new DTV Table were due January 25th and replies were due February 26th.  See
Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MB Docket No. 87-
268, Order Granting Extension of Time for Filing Comments and Reply Comments, 22 FCC Rcd 188 (MB 2007) 
(extending the comment filing dates established in the Seventh FNPRM).
14 Seventh FNPRM, 21 FCC Rcd at 12105  15. 
15 The Seventh FNPRM proposes to codify the new DTV Table in 47 C.F.R.  73.622(i).  Seventh FNPRM, 21 FCC 
Rcd at 12123, app. A.  The current DTV Table, which is contained in 47 C.F.R.  73.622(b), will become obsolete at 
the end of all authorized interim DTV operations.  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.  
16 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).
17 Previously, 47 U.S.C.  309(j)(14) provided an exception to the earlier December 31, 2006 transition deadline if 
the Commission determined that less than 85 percent of the television households in a licensees market were 
capable of receiving the signals of DTV broadcast stations through various means (i.e., via over-the-air reception, 
cable or satellite, or digital-to-analog conversion technology).  47 U.S.C.  309(j)(14)(B)(iii) (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.  
18 See 47 U.S.C.  337(e)(1).
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spectrum and only in digital upon the end of the transition on February 17, 2009.19  
IV. PROGRESS REPORT
7. 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 migration to DTV by adopting a standard for digital broadcasting, creating an initial 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,20 enabling the recovery 
of a total of 108 MHz of spectrum (i.e., TV channels 52-69).21 Twenty-four megahertz of spectrum 
currently used for TV broadcast channels 63, 64, 68, and 69 have been reallocated for critically important 
public safety needs.  The remaining 84 MHz (currently TV broadcast channels 52-62 and 65-67) have 
been or will be auctioned for new wireless services.22  
A. Status of DTV Operations
8. In 1997, the Commission granted eligible licensees a paired channel for digital operations 
during the transition and set dates for construction and operation of broadcasters facilities on their 
allotted DTV channels.23 Pursuant to the construction schedule set forth in Section 73.624(d) of the 
Commissions rules, affiliates of the top four networks in the top ten television markets were required to 
complete construction of their DTV facilities by May 1, 1999; top four network affiliates in markets 11-
30 by November 1, 1999; all remaining commercial television stations by May 1, 2002; and all 
noncommercial educational (NCE) television stations by May 1, 2003.24
9. As of April 2, 2007, 1,702 television stations in all markets (representing approximately 
98.8 percent of all stations) have been granted a DTV construction permit (CP) or license.25 A total of 
1,603 stations are now broadcasting a digital signal.  Of these, 1,215 stations are authorized with licensed 
facilities or program test authority and 388 stations are operating pursuant to special temporary authority 
(STA) or experimental DTV authority. 
10. In the top 30 television markets, all 119 top-four network-affiliated television stations are 
  
19 Id.
20 The core spectrum is comprised of low-VHF channels 2 to 4 (54-72 MHz) and 5 to 6 (76-88 MHz), 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).
21 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.).
22 Channels 60-69 (746-806 MHz) were reallocated for public safety and wireless communications services in 1998.  
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).  Channels 52-59 were reallocated for new wireless services in 2001.  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).  See also 47 U.S.C.  309(j)(14)(B), 
(15)(C) and 337(e)(1).
23 See supra note 9.
24 47 C.F.R.  73.624(d)(1).
25 This data is publicly available and is frequently updated.  See http://www.fcc.gov/mb/video/dtvstatus.html. 
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on the air in digital, 110 with licensed DTV facilities or program test authority and nine with 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 top-four 79 network affiliated stations are 
providing DTV service, 74 with licensed DTV facilities and five with STAs. 
11. Approximately 1,230 commercial television stations were due to commence digital 
broadcasts by May 1, 2002.  As of April 2, 2007, 1,136 of these stations (92.4 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 April 2, 2007, 348 (93.3 percent) of these stations are broadcasting a 
digital signal.26
B. Status of Consumer Capability to Receive DTV Signals 
12. In connection with the 2006 Competition Report, the Commission requested information 
about the number of households relying solely on over-the-air broadcast television for programming.27 In 
comments filed to that proceeding, the National Association of Broadcasters (NAB) indicated that there 
are approximately 69 million television sets are not connected to any MVPD service.28 Specifically, NAB 
reported that nearly 19.6 million households rely solely on over-the-air broadcast television, and there are 
approximately 45.5 million sets in those homes.29 NAB states that in these 19.6 million over-the-air 
households, there are approximately 1.3 million over-the-air digital sets.  Thus, according to NAB, 
[t]here are roughly 18.7 million over-the-air households with only analog sets, and these households 
have about 44.2 million analog sets.  NAB reports that an additional 23.5 million television sets in 14.7 
million MVPD households remain unconnected to the MVPD service.  NAB states that this 2006 data 
showing large numbers of over-the-air television sets is consistent with two surveys conducted in 2005.30
13. 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 1998.31 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 2010.32 CEA estimates that DTV sales will represent 69 percent of all TV sales in 2006.33
  
26 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). 
27 Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB 
Docket No. 06-189, Notice of Inquiry, 21 FCC Rcd 12229, 12308  57 (2006).  The Commission also sought 
information about the number of cable and satellite households that rely on over-the-air service on one or more of 
their television sets not connected to a multichannel video programming distributor (MVPD).  Id.
28 Id.
29 See NAB comments in MB Docket No. 06-189 at 2 (citing Knowledge Networks/Statistical Research, Inc., Home 
Technology Monitor Ownership Survey (Spring 2006); Nielsen Media Research, Television Household Estimates 
(2005-2006)). 
30 Id.
31 See Ex Parte comments of CEA in MB Docket No. 03-15 (dated April 2, 2007)(CEA Ex Parte).
32 Id.
33 Id.  CEA projects that DTV sales will represent 92 percent of all TV sales in 2007.
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14. In order 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 requires, as of March 1, 2007, that all television 
receiver equipment (e.g., TV sets (all sizes), VCRs, digital video recorders, and any other TV receiving 
devices) manufactured or shipped in interstate commerce or imported into the United States, for sale or 
resale to the public, must be capable of receiving the signals of DTV broadcast stations over-the-air.34
15. In addition, 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.35 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.  Without a D-to-A converter box, consumers will not be able to view full-power TV 
broadcasts after the transition date unless they purchase DTV sets (television sets with a built-in digital 
tuner) or subscribe to a pay television service.  Congress directed the National Telecommunications and 
Information Administration (NTIA) of the U.S. Department of Commerce to administer this subsidy 
program.36 In March 2007, NTIA issued final rules to implement the program, which subsidizes the 
purchase of D-to-A converter boxes.37
C. Status of Broadcasters Transition
16. Stations are responsible for meeting the statutory deadline for the DTV transition.  The 
Commission has no discretion to waive or change this transition date.38 Full-power broadcast stations not 
ready to commence digital operations upon expiration of the deadline for the transition on February 17, 
  
34 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).
35 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).
36 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.
37 See generally NTIA Coupon Program Final Rule, supra note 35.  NTIA established rules for the coupon program 
in 47 C.F.R.  301.  The rules became effective April 16, 2007.  
38 See 47 U.S.C.  309(j)(14) and 337(e)(1).
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2009 must go dark and risk losing their authorizations to operate after the transition date.39
17. We have proposed post-transition channel assignments for all eligible stations.40 In the 
proposed new DTV Table, 1,812 stations received proposed post-transition DTV channels.41 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. 
18. The process of transitioning the entire TV broadcast industry to digital-only operation on 
each stations final channels will be complex.  Accordingly, stations already should be planning 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.  We have provided a list of 752 stations in Appendix D 
hereto that we believe fall into this category and seek input from those stations regarding our 
assessment.42  
19. Most 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, and if so to what extent, they must change their transmission facilities to operate on their post-
transition channels.  As described below, stations may seek to change their antenna or tower locations.43  
Stations may also need to change their effective radiated power (ERP), antenna height above average 
terrain (HAAT) or antenna pattern as set forth in the new DTV Table Appendix B, as adopted.
20. Before discussing the issues that must be addressed to complete the transition, we first 
categorize the circumstances that stations are in to describe what stations in each group must accomplish.  
  
39 A station failing to meet its construction deadline may be subject to license revocation procedures (47 U.S.C.  
312), the issuance of forfeitures (47 U.S.C.  503), or other remedial measures, such as admonishment.  For 
example, we 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.  47 U.S.C.  312(g).  If 
discontinuing operations, stations 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).
40 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 12117-18  50.  
41 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, DA 07-20 (MB rel. Jan. 8, 2007) (New Permittees PN). Additional new permittees may also be 
announced before the transition deadline.  See Seventh FNPRM, 21 FCC Rcd at 12118  53.
42 See Appendix D, List of Stations Believed Ready to Commence Post-Transition Operations, to this Notice.  
Appendix D includes those stations whose post-transition channel is the same as their pre-transition DTV channel 
and that have constructed their full, authorized DTV facilities as defined in the new DTV Table Appendix B.  
43 A station that must change its DTV tower location may face a considerable challenge, especially if the station 
must construct a new tower.  Such a station must consider whether there are any existing towers that can be used or 
if a new tower must be constructed.  Because of the lead times involved in purchasing or leasing land with 
appropriate FAA clearances, local and state zoning requirements, and varying timelines for designing the new tower, 
ordering equipment, delivery of equipment, and construction-related issues, such a station must begin planning as 
soon as possible in order to transition by the deadline.  In some cases, building a new tower at this stage in the 
process may no longer be a viable option.
Federal Communications Commission FCC 07-70
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First, there are stations that will remain on their current DTV in-core channel.  Second, there are stations 
that will return to their analog in-core channel.  Third, there are stations that will move to a completely 
new in-core channel.  In addition to these three general categories, stations without a paired channel 
(singleton stations)44 that will flash cut45 from broadcasting on their analog channel to broadcasting on a 
digital channel raise unique issues that we will consider separately.  We seek comment on these 
categories and circumstances in general and on the particular tentative conclusions, proposals and queries 
in the Issue Analysis (section V), below. 
1. Category One: Stations remaining on their current DTV in-core channel
21. There are 1,178 stations remaining on their current DTV in-core channel for post-
transition operations, based on the proposed new DTV Table.46 Most of these stations will have a 
relatively simple transition because they already have the authorizations necessary to operate at their 
proposed post-transition facilities as specified in the proposed new DTV Table Appendix B.  In fact, 
many of these stations have already constructed and received licenses for their post-transition facilities,47
and so will simply turn off their analog service to complete their transition. 
22. Some stations in this category, however, may not have completed their authorized
construction.  This would include a station that has not built anything and has a CP or extension of its 
checklist deadline48 and a station that has constructed a reduced facility and is operating pursuant to 
Special Temporary Authority (STA).  In addition to turning off their analog service, these stations may 
need to make changes to match their post-transition facilities as specified in the new DTV Table 
Appendix B.  The difficulty faced by these stations will depend on the type of change and degree of 
change required to complete their authorized construction.49
  
44 As noted infra in  29, singletons or single-channel licensees refers to those licensees that do not have a 
second or paired channel to convert to DTV.  See Second DTV Periodic Report and Order, 19 FCC Rcd at 18300 
 49, n.101 (citing to Advanced Television Systems and Their Impact Upon the Existing Television Broadcast 
Service, MM Docket No. 87-268, Memorandum Opinion and Order on Reconsideration of the Fifth Report and 
Order, 13 FCC Rcd 6860, 6865  11 (1998) (Service Reconsideration Order). 
45 Flash-cut refers to the situation where a station gives up its pre-transition digital channel and transitions to 
digital service using its analog channel or a newly allotted channel.  See infra discussion of flash cutting in section 
V.B. 
46 See supra  17.
47 See Appendix D.
48  See infra  56 (explaining the deadline established for building checklist facilities). 
49 For example, stations in this category may need to adjust their transmitter power, their antenna design, their 
antenna location, or some combination thereof.  We expect that relatively minor adjustments to operating power can 
be done easily, perhaps through the use of in-house engineers.  See Ex Parte Comments of Capitol Broadcasting 
Company, Inc. in MB Docket No. 03-15 (dated April 27, 2005) (Capitol Ex Parte).  Changes involving more 
significant power changes and/or changes to transmitting antennas may require more time and effort.  For example, 
a number of stations currently have a top-mounted analog antenna and a side-mounted digital antenna, and to 
provide full digital service will need to re-mount the digital antenna to the top of the tower.  According to Capitol 
Broadcasting, it may take a crew approximately two to three weeks to complete the installation once the necessary 
hardware and crew are on site, assuming the same tower site and good weather.  See id.  See infra discussion in 
section V.C.3.  Also, if an entirely new transmission line and/or antenna must be installed, additional time will be 
needed to order the transmission line and antenna and have it delivered to the site.  According to Capitol 
Broadcasting, it may take up to six months to design, order, receive and install a new antenna.  See id. Other 
stations may need to install a new DTV transmitter.  Harris Corporation expects that a large number of new digital 
(continued.)
Federal Communications Commission FCC 07-70
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23. Furthermore, some of these stations may have pending applications with unresolved 
international coordination issues.  Licensees in this category with pending applications should consult 
with the Commission staff about the timing for action on their applications.  In addition, they should 
coordinate with Commission staff regarding necessary modifications to their applications that will result 
in international approval.  They may need to proceed with constructing authorized facilities to the extent 
approved by Canada or Mexico if the issues delaying action on their applications cannot be resolved in 
time to allow construction to be completed before the end of the transition.50
2. Category Two: Stations returning to their analog in-core channel
24. There are 517 stations that will return to their current analog in-core channel for post-
transition operations, based on the proposed new DTV Table.51 Stations in category two may face each of 
the category one challenges involving tower construction, antenna replacement or relocation, and 
transmitter replacement or power adjustments. 
25. In addition, these stations may need to determine whether they can use any of their 
analog or digital transmission equipment (e.g., transmitter, transmission line or waveguide, and 
antenna).52 If a station finds it has a transmitter that it could use, it will also need to determine whether 
that transmitter can provide the appropriate power level.  It is our understanding that a station that is 
going to stay within a spectrum band (low-VHF, high-VHF or UHF) and change its frequency within 5 or 
6 channels (36 MHz or less) will most likely require fewer technical changes than if the change of 
broadcast frequency is more than 6 channels.53 We expect that channel moves of fewer than 5 or 6 
channels may require only minor modifications to the stations digital transmitter, whereas more 
significant changes may require major modifications or an entirely new transmitter.54 We seek comment 
on these assumptions. 
26. Stations that will return to their current analog channel also may need to determine 
whether their current analog or DTV antenna can be used.  Generally, the design, condition and channel 
of operation of their current antennas, as well as the stations directional antenna characteristics 
established in the new DTV Table Appendix B, as adopted, must be considered when these stations 
evaluate the suitability of their antennas for post-transition DTV operation.  The ability of these stations 
to use an existing digital antenna may depend upon how significant the change in channel numbers will 
be for these stations as they move from their current DTV channel back to their current analog in-core 
channel.  It is our understanding that channel moves of more than 5 or 6 channels will likely require a 
(Continued from previous page)    
transmitters will need to be ordered, manufactured, and installed.  See Ex Parte Comments of Harris Corporation in 
MB Docket No. 03-15 (dated April 3, 2007) (Harris Ex Parte).
50These stations may be required to adjust their transmitter power, their antenna location, their antenna design, or 
some combination thereof.
51 See supra  17.  This group of stations includes some analog singletons and flash-cutters. 
52 According to Harris Corporation, it may take 1 to 4 weeks for a station to assess whether its analog transmitter is 
digital capable or if its digital transmitter can be retuned.  If a new transmitter is needed, Harris estimates it may take 
3-4 months to obtain.  If a new channel mask filter also is needed, Harris estimates it may take 6 months to obtain.  
See Harris Ex Parte.
53 See id.; Capitol Ex Parte.
54 According to Capitol Broadcasting, if only minor parts are required, the parts may be available on a vendors 
shelf.  If major components are required, it may take up to two months to receive.  The modifications may take four 
to five days once the parts are at the transmitter site.  See Capitol Ex Parte.
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new antenna and transmission line or new waveguide.55 We seek comment on these assumptions.
27. These stations also must consider the impact on their analog TV service, which might be 
disrupted entirely or limited in reach to a smaller area during periods of work on the tower.  For example, 
a temporary reduction in coverage might be due to reduced power analog TV operation at a backup site in 
order to facilitate construction on the main tower facility.56
3. Category Three: Stations moving to a completely new in-core channel
28. There are 117 stations that will move to a completely new in-core channel for post-
transition operations, based on the proposed new DTV Table.57 These stations face similar challenges to 
those returning to their analog (in-core) channel.  In addition, these stations will need to coordinate with 
other stations to complete their move.  For example, another station may occupy the relocating stations 
post-transition channel or it may occupy an adjacent channel (located in the same or a nearby area) to the 
relocating stations post-transition channel.  Also, these stations may find that their tower site cannot 
support three antennas at once, as may be necessary to accommodate their current analog and DTV 
operations while preparing for broadcasting on their post-transition channel.  
4. Singleton stations
29. There are 137 stations that do not have a paired channel (i.e., stations that do not have 
both an analog and a digital channel), based on the proposed new DTV Table.  These stations are 
commonly referred to as singletons.  These stations fit in one of the preceding three categories, but they 
may encounter different challenges and circumstances that deserve special consideration in this review. 
Specifically, for this discussion, singletons include (1) those stations described in footnote 101 of the 
Second DTV Periodic Report and Order as licensees that did not receive a second or paired channel to 
use during the transition to DTV;58 (2) those stations that had a paired DTV channel and that we 
authorized to discontinue providing analog TV service;59 (3) those paired-channel stations that gave up 
their interim DTV channel pursuant to flash cut approval;60 and (4) those paired-channel stations that 
we propose to allow to flash cut.61 Singletons include DTV and analog TV stations, and can be unbuilt, 
operating at reduced facilities, or fully constructed and licensed.  Analog TV singletons will be flash 
  
55 According to Capitol Broadcasting, it could take up to eight months to receive the new antenna and transmitter, if 
ordered today, depending upon demand.  See Capitol Ex Parte.  Waiting until closer to the end of the transition, 
when there is more likely to be even greater demand for such equipment, could result in even greater delays.  
According to Capitol Broadcasting, it generally will take approximately two weeks to take the old antenna down and 
can take up to two months to put the new antenna and waveguide up.  See id..  
56 See id.
57 See supra  17.
58 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18300  49, n.101.  As explained in this footnote, TV 
station permittees whose applications for a new station were not granted on or before April 3, 1997 were not eligible 
for an initial DTV paired license.  In 1998, the Commission decided that such single-channel stations could build 
their authorized analog TV station and later convert to DTV on their single channel (but must convert by the end of 
the transition) or modify their authorization to DTV and build their new DTV station on their single channel.  See 
Service Reconsideration Order, 13 FCC Rcd at 6865  11.
59 As noted in section V.A., infra, we have permitted these stations to turn in their analog channel and be digital-
only. 
60 See Public Notice, DTV Transition  Approval of Flash-Cut Requests, DA 07-1847 (MB rel. April 25, 2007) 
(Flash Cut PN). 
61 See infra section V.B.
Federal Communications Commission FCC 07-70
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cutting from broadcasting on their analog channel to broadcasting on a digital channel.  Flash-cutting 
often will involve singletons ending their analog TV operation and beginning their DTV operation on 
their current analog channel, but in some cases will require that a station change to a new channel for 
post-transition operation.  Singleton stations, like those with paired channels, are responsible to ensure 
that they have completed the construction of their digital facilities by the February 17, 2009 deadline, 
except for stations whose initial CPs expire later.62 After February 17, 2009, stations that have not 
constructed analog facilities may only construct digital facilities on their post-transition channel.
30. Singleton licensees and permittees should have a post-transition channel in the proposed 
new DTV Table and proposed facilities specified in the proposed new DTV Table Appendix B, provided 
such permittee status is announced by Public Notice before the order establishing the new DTV Table is 
adopted.63 DTV singletons remaining on their current DTV channel for post-transition operations face the 
same challenges identified in category one above.  These stations must complete authorized construction 
consistent with the new DTV Table Appendix B, as adopted.  Stations that have done so and are operating 
and licensed need not take any further steps at this time.  DTV singletons that have not completed 
construction must do so as discussed below.64 A few DTV singletons are moving to different channels in 
the new DTV Table, including some currently authorized for out-of-core operations.  In addition to the 
potential challenges described for paired stations going to a new channel for post-transition operation 
(category three in the preceding section), unbuilt DTV singletons must complete their required 
construction by their CP expiration date, whether that date is before or after the transition deadline. 
31. Analog singletons that will remain on their currently authorized channel for post-
transition operations face the same challenges identified in category two above.  Unbuilt analog 
singletons must also meet their CP expiration date requirements.  Depending on the time left for them to 
complete construction, most of these stations should consider requesting that the Commission modify 
their authorization to specify DTV operation, particularly stations that have recently received CP grants.65  
Stations in this situation that choose to construct their authorized analog broadcast facility for operation 
until February 17, 2009 should plan for its conversion to DTV when they purchase their transmitter and 
antenna system.
32. Analog singletons moving to a new channel for post-transition operations face the same 
issues identified in category three above.  Some also have a CP for their analog channel that expires either 
before or after the transition deadline.  Stations that have an analog CP expiring before the transition 
deadline should consider applying for a modification of their analog CP to make it easier to complete the 
required analog channel construction while also building their post-transition facility.  They also should 
take steps to efficiently complete this simultaneous dual-channel construction of both their pre-transition 
analog and post-transition facilities (for example, having a tower crew install both antennas at the same 
time or ordering an antenna or transmitter that can be readily converted from analog operation to DTV 
operation).  They may also want to explore the possibility of requesting that their single-channel analog 
authorization be modified to specify pre-transition DTV operation on their post-transition channel.  Such 
  
62 Single-channel stations receive a CP with a three-year construction period.  47 C.F.R.  73.3598(a).  Thus, new 
stations whose CPs were granted after February 2006 will have construction deadlines later than February 17, 2009.  
63 See Seventh FNPRM, 21 FCC Rcd at 12117-18  50-53, 12123, app.A, 12147, app.B. 
64 See infra section V.C.
65 See, e.g., New Permittees PN, supra note 41.  Stations that receive a new CP and that will remain on this channel 
for post-transition operations may either construct their analog facilities (for use until the end of the transition) or 
apply to the Commission for permission to construct a digital facility on their analog channel for post-transition 
operations. Seventh FNPRM, 21 FCC Rcd at 12118-19  54.
Federal Communications Commission FCC 07-70
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a modification would require interference protection to be provided to all potentially affected stations and 
construction to be completed before the stations CP expires.  Stations whose analog CP will expire after 
the transition deadline should consider applying for a modification of their analog CP to specify the post-
transition facilities that they will need to complete before their CP expires.  As noted above, February 17, 
2009 is the deadline for all full-power television broadcast stations to end analog transmissions.  
V. ISSUE ANALYSIS
33. In this Third DTV Periodic Review, we consider how to ensure that full-power TV 
broadcast stations complete their transition to digital-only operations by the statutory deadline.  
Specifically, we consider when stations may and must cease operating on their analog channel, when 
stations may and must begin operating on their post-transition channel, and what regulatory flexibility we 
can provide to facilitate these efforts.  By statute, stations must cease analog operations by 11:59 p.m. on 
February 17, 2009.  Stations, thus, should have their digital facilities in place and ready to commence 
operations no later than 12:00 a.m. on February 18, 2009. 
34. We seek comment on what actions the Commission should take to facilitate broadcasters 
completion of the transition by the statutory deadline.  We seek comment on how to ensure that 
broadcasters (1) complete construction of their post-transition facilities in a timely and efficient manner; 
and (2) have in place (in-core) facilities that can reach their viewers.  In view of the statutory change from 
a soft to a hard transition deadline, the Commissions focus has moved beyond simply ensuring that 
stations are operating in digital.  Our focus is now on overseeing broadcasters construction of their final, 
post-transition channel with facilities that will reach viewers in their authorized service areas by the time 
they must cease broadcasting in analog. 
35. We begin by proposing that every full-power television broadcast station file a form with 
the Commission 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 switch-over deadline; and (3) a plan for how 
it intends to meet that deadline.  These filings will be posted on the Commissions website.  We believe 
that these forms will assist the Commission, industry, and the public in assessing progress and making 
plans for the digital switchover date.
36. We also consider when stations may reduce their current (pre-transition) television 
service in order to complete their transition.  Next, we consider the deadlines by which stations must 
construct and operate their current DTV channels or lose interference protection  or even authority to 
operate  on those channels.  Third, we propose deadlines for the construction and operation of post-
transition facilities and consider the ability of stations to transition early.  We also consider the steps 
necessary for broadcasters to construct and operate their post-transition channels.  Issues raised in this 
section include the rules, procedures and interference standards for stations to file applications for CPs to 
build their post-transition DTV facilities and to request authorization to maximize their facilities.  Finally, 
we address other issues related to the DTV transition.66
A. Reduction and Termination of Analog Service
37. In this section, we consider the reduction and termination of stations analog TV service.  
Until February 17, 2009, the Commissions rules require stations to continue operating their existing 
  
66 While we recognize 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, these housekeeping matters will be addressed in a separate rulemaking in the 
DTV proceeding, MB Docket No. 87-268.  We, nonetheless, seek comment on whether resolution of any 
housekeeping issues requires more immediate attention.
Federal Communications Commission FCC 07-70
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licensed analog facilities.67 To best achieve their respective transitions, however, some stations may find 
it desirable to reduce or terminate their analog operations before the February 17, 2009 transition date.  In 
some cases, stations may need to reduce or end their analog service because such operations may impede 
construction and operation of post-transition (digital) facilities.  Such circumstances may include, but are 
not limited to:  (1) stations that would like to switch their side-mounted digital antenna with their top-
mounted analog antenna before the end of the transition;68 (2) stations that need to add a third antenna to 
their tower but cannot do so without reducing or ending analog service because the tower cannot support 
the additional weight; and (3) stations that are terminating analog service early as part of a voluntary 
band-clearing arrangement.  We seek comment on these and other circumstances where stations can 
facilitate their transitions by reducing or terminating their analog service in advance of the transition 
deadline.
38. Background.  The Commission generally has not favored reductions in television service.  
Proposals that would result in a loss in TV 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.69 Consistent with this precedent, the Commission allows stations to reduce their service from 
that required by their licenses only upon an appropriate public interest showing.70 Losses in service may 
be justified, for example, to facilitate the stations transition to DTV.71 The Commission is generally 
most concerned where there is a loss of an areas only network or NCE TV service,72 or where the loss 
results in an area becoming less than well served, i.e., served by fewer than five full-power over-the-air 
signals.73 In cases in which a station seeks to reduce analog TV service, it can also use an engineering 
  
67 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)..
68 See infra discussion in section V.C.3.
69 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). 
70 See, e.g., KTVO-TV, Inc., 96 FCC 2d 472 (1983) (upholding initial decision that found loss of TV service was 
outweighed by the provision of a new first service and additional service gains). 
71 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 In Re 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).
72 See, e.g., Amendment of Section 73.606(b), Table of Allotments, TV Broadcast Stations (Lima, OH; Muncie, IN, 
Rockford, IL, and Grand Rapids, MI), MM Docket No. 87-417, Memorandum Opinion and Order, 7 FCC Rcd 5933 
(1992) (denying request to reduce TV service because it would deprive a community of its only currently allotted 
NCE TV channel).
73 See, e.g., Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Columbus and Monona, 
WI), MB Docket No. 05-122, Memorandum Opinion and Order, 21 FCC Rcd 10012 (MB 2006) (noting that most of 
the loss area is well served with five or more aural services).
Federal Communications Commission FCC 07-70
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analysis performed in accordance with the Office of Engineering and Technologys OET Bulletin No. 69 
(OET 69) methodology74 to show that the area where service would be reduced is area that is already
terrain shielded such that viewers located in that area do not actually receive the stations signal over-the-
air now. 
39. Notwithstanding the strong public interest in maintaining TV service, the Commission 
does permit the early return of out-of-core (TV channels 52-69) analog channels under certain 
circumstances in order to facilitate the DTV transition.  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.75 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.76
40. The Commissions 700 MHz band-clearing policies differ 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 portion of the band.  
Envisioning the early recovery of TV channels 60-69, the Commission established a rebuttable 
presumption favoring requests for voluntary band-clearing involving channels 59-69.77 In contrast, the 
  
74 See OET Bulletin No. 69, Longley-Rice Methodology for Evaluating TV Coverage and Interference, (Feb. 6, 
2004) (OET Bulletin No. 69), available at 
www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf. 
75 See WT Docket No. 99-168 and GN Docket No. 01-74.  See also infra notes 77 and 78.
76 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. 
77 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 
(continued.)
Federal Communications Commission FCC 07-70
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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.78 In this case-by-case review, the Commission considers whether grant 
of the request would result in public interest benefits, such as making new or expanded public safety or 
other wireless services available to consumers, especially in rural or other underserved communities.79
The Commission weighs these benefits against any likely public interest harms, such as the loss of any of 
the four stations with the largest audience share in the designated market area, the loss of the sole service 
licensed to the local community, the loss of a communitys sole service on a channel reserved for NCE 
TV broadcast service, or a negative effect on the pace of the DTV transition in the market.80
41. Discussion.  In light of the hard deadline for the cessation of analog TV service, we 
believe the most significant public interest objective should be to ensure that stations meet the transition 
deadline.  The original statutory provision requiring the termination of analog broadcasts established 
December 31, 2006 as the last day for analog operations, but allowed that deadline to be postponed if an 
85 percent DTV reception benchmark was not reached in a given market.81 The Commissions goal under 
this former approach was to increase DTV operations as quickly as possible without causing significant 
analog service loss.82 We believe, however, that Congress adoption of the hard deadline of February 17, 
2009, now weighs in favor of an increasing tolerance for the loss of analog service as we near the switch-
over date and where it will facilitate the transition.
42. Stations with Out-of-Core Analog Channels.  As noted above, stations that might affect 
the upper 700 MHz band (i.e., TV channels 59-69) can receive a rebuttable presumption favoring their 
requests to terminate analog service.  We believe the disparate band-clearing treatment with respect to 
stations in the lower 700 MHz band (i.e., TV channels 52-58) is no longer appropriate.  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, 2008.83 Accordingly, we propose to 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 59-69.84 Moreover, we propose to apply the relaxed rebuttable presumption to out-of-core 
stations seeking to reduce rather than terminate their analog service.  Requests to reduce or terminate 
analog service would be made in accordance with the Commissions rules.85 We seek comment on our 
(Continued from previous page)    
DTV-related requirements.  See Order on Reconsideration of the Third Report and Order, 16 FCC Rcd 21633 (2001) 
(Third R&O Recon).
78 See Lower 700 MHz Report and Order, 17 FCC Rcd at 1095-96  184.
79 See id. at n. 549.  See also cases in supra note 76.
80 See Lower 700 MHz Report and Order, 17 FCC Rcd at 1096  184 n.549.
81 See 47 U.S.C.  309(j)(14)(B) (2005); and supra note 17.
82 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18311-19  72-87. 
83 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).
84 In other words, we propose to apply the relaxed rebuttable presumption standard to all out-of-core stations 
seeking to return their analog TV channels. See supra  40 (discussing rebuttable presumption standard).
85 Stations making requests to reduce analog TV service should do so in accordance with the rules to modify an 
existing license or authorization by using FCC Form 301 (commercial stations) or FCC Form 340 (NCE stations).  
(continued.)
Federal Communications Commission FCC 07-70
19
proposed treatment of out-of-core stations seeking to reduce or terminate their analog service. 
43. Stations with In-Core Analog Channels.  In contrast to out-of-core stations return of their 
analog channels, in-core stations requests to reduce and terminate analog service have been less favored 
to this point.  We believe it may now be appropriate to examine the circumstances under which we will 
allow in-core stations to reduce or discontinue analog TV broadcasting.  We seek comment on the factors 
and circumstances we should consider when evaluating in-core stations requests to reduce or terminate 
their analog TV service before the February 17, 2009 transition date.  We invite comment on ways to 
ensure that stations meet the statutory transition deadline, while still minimizing the loss of TV service to 
consumers.  If we permit early reduction or termination of analog service, how do we ensure that the 
public continues to have access to news and information, including emergency and other public safety 
information during the transition? 
44. First, with respect to a station requesting to reduce its analog service  short of 
terminating its analog broadcasting, we seek comment on whether we should establish a presumption that 
any reduction in a stations analog TV service is in the public interest if:  
(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;86
(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.
We seek comment on the usefulness and timing of this proposal, including whether there are other factors 
or situations where we should presume that a reduction in service would be, or would not be, in the public 
(Continued from previous page)    
See 47 C.F.R.  73.1615, 73.1690, 73.3533, 73.3538.  Stations making requests to terminate TV service should do 
so in accordance with the rules to modify an existing license or authorization and to discontinue operations.  See id.  
See also 47 C.F.R.  73.1750.  Stations discontinuing only one service of their paired license, however, should not 
return their license or authorization, as would otherwise be required by 47 C.F.R.  73.1750.  In addition, stations 
making requests to reduce service may, if more applicable, instead apply for an STA pursuant to 47 C.F.R.  
73.1635.  Consistent with the rules for license modification and discontinuance of operation, stations terminating 
their service may send a letter to the Video Division of the Media Bureau and send an e-mail to analog@fcc.gov in 
lieu of filing an application.  See 47 C.F.R.  73.1690, 73.1750.
86 We seek comment on what that number of services would be.  For example, the Commission has previously been 
concerned where the loss results in an area becoming less than well served, i.e., with fewer than five full-power 
over-the-air signals; see supra note 73.  In other contexts, such as the satellite context, we note that the Commission 
has considered whether an area would become underserved, i.e., an area with two or fewer full-service stations.  
Television Satellite Stations Review of Policy and Rules, MM Docket No. 87-8, Report and Order, 6 FCC Rcd 4212, 
4215  19 (1991) ([A] proposed satellites community of license is considered underserved if there are two or fewer 
full-service stations already licensed to it.).  We propose to allow stations to minimize the loss of service to their 
service area or population and satisfy this condition through the use of analog translators. As previously noted, the 
statutory deadline applies only to full-power stations.  See supra note 3; see also 47 U.S.C.  309(j)(14) and 337(e).  
Stations interested in the temporary use of analog translators should file requests for STA in accordance with 47 
C.F.R.  73.1635.
Federal Communications Commission FCC 07-70
20
interest.  For example, should we consider the level of cable and satellite penetration in the areas that will 
lose over-the-air service? We also seek comment on whether and, if so, how these factors should be 
relaxed as we approach the DTV transition date.  As noted above, requests to reduce analog service would 
be made in accordance with the Commissions rules.87
45. If a station is unable to qualify for the above proposed presumption, we propose to 
consider the stations request to reduce analog TV service (on an in-core channel) on a case-by-case basis.  
We invite comment on the appropriate showing and balancing of factors to consider in such a case-by-
case analysis.  As above, we seek comment on whether we should permit an increasing amount of analog 
TV service loss the closer we get to the end of the transition.  What information must stations provide to 
demonstrate that reduced analog service would be in the public interest?  We would expect that our case-
by-case analysis would involve consideration of the factors discussed above.  For example, we believe 
that broadcasters must be able to deliver their signals to cable and satellite providers so that reduced 
analog signals do not prevent cable and satellite carriage.  In addition, we believe that broadcasters must 
also commit to on-air consumer education about the stations transition and how to continue viewing the 
station.  We seek comment on these proposals.  
46. Some broadcasters have side-mounted antennas and similar problems that prevent them 
from completing the build-out of their digital facilities while they are still operating their full analog 
facilities.88 Such stations, if they are providing DTV service to 100 percent of their replication area, may 
want to wait until February 17, 2009 to move their digital antenna into its final position.89 This approach 
may be acceptable provided there is a minimal disruption of service after the deadline due to post-
deadline construction activities.  We seek comment on this approach and urge each station operating 
under these circumstances to consider how much of their replicated area is served by their side-mounted 
digital antenna.  It is critically important that analog over-the-air viewers who obtain the necessary digital 
receivers (whether TV sets or D-to-A converters) are able to receive DTV service over-the-air upon 
expiration of the deadline for the transition on February 17, 2009.  If it is necessary for stations to reduce 
analog service before the transition to be sure all viewers have digital service on and after the transition 
date, we will consider such requests.  
47. With respect to a station requesting to terminate its analog TV service on an in-core 
channel, we seek comment on whether and, if so, under what conditions we would permit such an action.  
We would expect to apply a stricter standard to the early termination of analog in-core service than to a 
reduction in service.  We believe our analysis of requests to terminate analog service would at least 
involve consideration of the relevant factors discussed above for a reduction of service.  We seek 
comment on this proposal, and also on whether we should require a station requesting termination of 
analog in-core service to demonstrate that a reduction in service is an unacceptable alternative.  As noted 
above, requests to terminate in-core analog service would be made in accordance with the Commissions 
rules.90  
  
87 See supra note 85.
88 See, e.g., DTV Build-Out; Applications Requesting Extension of the Digital Television Construction Deadline, 
Order, FCC 07-91 at section III.C. (rel. May 18, 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, FCC 07-90 at section III.C. (rel. May 18, 2007) (Use or Lose 
Order).  Both orders recognize the unique technical challenges faced by stations with side-mounted antenna-related 
issues.
89 See infra discussion in section V.C.3. (addressing stations with special circumstances).
90 See supra note 86. 
Federal Communications Commission FCC 07-70
21
B. Return of Pre-Transition DTV Channel; Flash Cut Requests
48. In this section, we consider whether and, if so, when to allow additional stations to return 
their pre-transition-only DTV channel (i.e., a DTV channel that is not their final, post-transition channel) 
and flash cut at or before the transition deadline from their current analog channel to their post-transition 
channel.  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.91 As the Commission noted, the potential 
public interest benefits of flash cuts 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 services on the pre-transition DTV channel.92  Based on the criteria established in the Second 
DTV Periodic Report and Order, the Media Bureau has approved the flash cut requests of numerous 
stations.93 In this Third DTV Periodic Review, we consider expanding the range of circumstances in 
which we will allow stations to flash cut. 
49. Background.  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.94  
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.95
50. 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.96 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,97 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).98 In the case of requests that did not meet these criteria, 
  
91 The Second DTV Periodic Report and Order required the Media Bureau to approve a stations request to 
surrender its pre-transition DTV channel and election to flash cut in certain circumstances.  Second DTV Periodic 
Report and Order, 19 FCC Rcd at 18321-18323  95-97, 18325  102-104.
92 Id. at 18323  96.
93 Flash Cut PN, supra note 60. 
94 Second DTV Periodic Report and Order, 19 FCC Rcd 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. 
95 Id. at 18325  104.  
96 Id. at 18322  95.  
97 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.
98 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 
(continued.)
Federal Communications Commission FCC 07-70
22
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.99 The Commission also stated in the Second DTV 
Periodic Report and Order that stations would not be eligible to flash cut if they have been denied an 
extension of the construction requirements and admonished because they failed to demonstrate that they 
are meeting the necessary criteria for an extension and have not come into compliance.100
51. The Media Bureau recently approved by Public Notice the flash cut requests of 32 
stations based on the criteria established in the Second DTV Periodic Report and Order.  These stations 
were approved to turn off or discontinue construction of their pre-transition DTV channel.101 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.102
52. Discussion.  We seek comment on whether and, if so, under what circumstances we 
should accept new requests by stations to return their pre-transition DTV channel before the end of the 
transition and flash cut from their analog channel to their post-transition channel (which must be 
different from their pre-transition DTV channel).103 For instance, we seek comment on the following 
factors:  (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.  We invite comment on these criteria and on other criteria 
that may be relevant.  We encourage commenters to address the publics desire to continue to receive 
DTV signals that are currently available and the impact that allowing stations to turn off pre-transition 
DTV signals would have on the successful and timely completion of the transition.  We also seek 
comment on the impact of this proposal on cable and satellite subscribers.  Consistent with the decision in 
the Second DTV Periodic Report and Order, stations that have been admonished by the Commission for 
failure to meet their construction deadline would not qualify to flash cut.104
C. Construction Deadline for Full, Authorized DTV Facilities 
53. In light of the short amount of time remaining before the transition deadline, it is critical 
that stations finalize construction of their post-transition facilities expeditiously to ensure the provision of 
TV broadcast service to the public when analog transmissions cease.  In this section, we consider whether 
to require stations to continue construction of pre-transition channels that are not going to be used by the 
station after the transition.  We also consider the deadline by which we will require TV broadcast stations 
(Continued from previous page)    
conclusive nor dispositive and that special circumstances raised by the resulting loss of digital broadcast service 
could rebut the presumption. Id. at 18323  96. 
99 See id. 
100 Id. at 18323  97.
101 Flash Cut PN, supra note 60. 
102 Id. 
103 Stations may continue to obtain flash cut approval pursuant to the Second DTV Periodic Report and Order and 
Flash Cut PN. 
104 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18321  95.
Federal Communications Commission FCC 07-70
23
to complete construction of their post-transition facilities. 
54. As discussed below, we are proposing to adopt a different approach for the remainder of 
the transition with respect to deadlines for construction of DTV facilities and interference protection.  
Until now, a primary focus of the Commission has been to facilitate the initiation of DTV service to the 
public during the transition.105 This approach was designed, in part, to accomplish the goal of completing 
the transition by the December 31, 2006 flexible deadline originally established by Congress, which 
allowed for exceptions to the deadline.106 Now that Congress has established a hard deadline for 
completion of the transition, with no exceptions, we believe our emphasis should shift toward ensuring 
that DTV stations will be providing service on their final, post-transition channels by that date.  In 
general, we now must focus on striking the appropriate balance between the public interest in assuring 
that post-transition channels are fully constructed by February 17, 2009, and the public interest in pre-
transition digital and analog service.  These, like other issues raised in this Notice, require careful self-
assessment by licensees to determine how best to serve the public while at the same time making efficient 
use of the resources available (manufacturing capacity, tower crews, etc.) available to them. 
55. Previous Construction Deadlines and Use or Lose Policies.  As discussed above, the DTV 
construction schedule adopted by the Commission in 1997, 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, 
2003.107 In 2004, 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.108 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 will 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 will remain on their current DTV channel 
after the transition.  If they will move to another channel post-transition, they were required to serve at 
least 80 percent of their replication service population by July 1, 2006.109 The Commission stated that 
stations that met the applicable use-or-lose deadline and that are going to move to a different channel 
after the transition would be permitted to carry over their authorized maximized areas to their new 
channels.110 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 
  
105 See id. at 18314-17  78-80.
106 See supra note 17.  Guided by this statutory directive, the Commission established construction deadlines and 
use or lose policies that provided incentives to stations to provide DTV service during the transition, which in turn 
gave viewers an incentive to purchase equipment that would enable them to view these signals.  See Second DTV 
Periodic Report and Order, 19 FCC Rcd at 18314-15  78.
107 See section IV.A., supra. 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). 
108 Second DTV Periodic Report and Order, 19 FCC Rcd at 18311-18319  72-87.
109 Id. at 18314-18315  78.
110 Id. at 18317-18318  85-86.
Federal Communications Commission FCC 07-70
24
their licensed DTV facilities.111 Approximately 80 percent of the stations in each of these categories met 
their respective deadlines. 
56. In the Second DTV Periodic Report and Order, the Commission 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.112
57. In two separate orders adopted subsequent to the adoption of this Notice, the Commission 
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).113 In the 
Construction Deadline Extension Order, the Commission considered 145 requests for an extension of 
time to construct a DTV facility.114  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 an 
additional six months from the release date of the Construction Deadline Extension Order in which to 
complete construction.115 For 29 stations whose pre-transition DTV channel is different from 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.116 In the Use or Lose
Order, the Commission considered 192 requests for waiver of the use or lose deadlines.117  For 102
  
111 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.
112 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 has been coordinated 
with Canada and Mexico, checklist facilities generally do not require further international coordination.
113 See generally Construction Deadline Extension Order, supra note 88; and Use or Lose Order, supra note 88.  
114 See Construction Deadline Extension Order, supra note 88, at  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.
115 See id. at  1, and section III.A.  
116 See id. at  1, and section III.B.  As discussed infra in section V.C.3.,  73, the Commission also granted four 
stations, facing unique technical challenges (e.g., side-mounted antenna-related issues) preventing them from 
completing construction of their DTV facilities, CP extensions until February 17, 2009.  See id. at  1, and section 
III.C.  As discussed infra in section V.C.3.,  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 id. at  1, 
and sections III.D. and III.E. 
117 See Use or Lose Order, supra note 88, at  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. 
Federal Communications Commission FCC 07-70
25
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 an additional six months from the release date 
of the Use or Lose Order in which to complete construction.118 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.119 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.120 We intend to treat similarly any stations 
that have a construction permit for which the original time to complete construction has not yet have 
expired.  These stations still have time remaining on their original construction permit to complete the 
build-out of their pre-transition DTV facilities or they may have had their original construction permit 
extended and the extended deadline has not yet expired.  Thus, these stations are not addressed in the 
Construction Deadline Extension Order or Use-or-Lose Order.  These stations should continue to follow 
existing rules and procedures (i.e., continue to build their current DTV CP and, if that CP expires before 
they have completed construction, file a request for extension of the CP).  Once final rules are adopted in 
this proceeding and become effective, stations will be subject to the new rules, including changes to 
Section 73.624(d).
58. Revised Construction Deadlines and Use or Lose Policy.  Going forward, we propose to 
establish construction deadlines for DTV facilities that vary based on a stations channel assignments for 
pre- and post-transition operation and other circumstances affecting the stations ability to complete final, 
post-transition facilities.121 We believe this revised approach will best permit stations to focus their 
efforts on completing construction of final, post-transition facilities in the time remaining before the end 
of the transition.  In conjunction with this approach, we propose to tighten the standard by which we 
evaluate future requests for extension of time to construct a DTV facility.122 In addition, with respect to 
construction deadlines of February 17, 2009 or later, we propose to evaluate all requests for additional 
time to construct under the tolling standard currently applied to analog broadcast TV stations and DTV 
  
118 See id. at  1, and section III.A. 
119 See id. at  1, and section III.B.  As discussed infra in section V.C.3.,  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 id. at  1, and section III.C.  As discussed infra in section V.C.3.,  78, the Commission 
denied the use or lose waiver requests of seven stations.  See id. at 1, and section III.D.  As discussed infra in 
section V.C.3.,  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), 
four of which were to stations remaining on their current DTV channel for post-transition use. See id. at 1, and 
section III.E. 
120 See Construction Deadline Extension Order, supra note 88, at  2-3; and Use or Lose Order, supra note 88, at 
 3-4.
121 See infra sections V.C.1-3.
122 See infra section V.C.4. ( 79-84) (proposing a stricter standard to evaluate pre-transition requests for an 
extension of time to construct DTV facilities).  See also proposed rule 47 C.F.R.  73.624(d)(3) in Appendix A.
Federal Communications Commission FCC 07-70
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singleton stations.123
59. In this section, we consider construction deadlines for differently situated stations.  First, 
we consider stations whose post-transition channel is different from their pre-transition DTV channel.  
These are stations that will be starting over with a new channel for DTV service.  Second, we consider 
stations whose post-transition channel is the same as their pre-transition DTV channel.  Unlike the first 
group, these are stations that have long been assigned the channel that they will use for post-transition 
operations.  Third, we consider stations in other situations, including those facing unique technical 
challenges.  Finally, we consider alternatives that might afford stations with regulatory flexibility.  We 
seek comment on the proposed deadlines and tentative conclusions below, and also seek comment on 
alternative deadlines for these stations. 
1. Stations Whose Post-Transition Channel is Different From Their Pre-
Transition DTV Channel
60. For stations whose pre-transition DTV channel is different from their post-transition 
channel, we propose not to require further construction of their pre-transition DTV channel and propose 
to establish February 17, 2009 as the deadline by which these stations must complete their final, post-
transition facilities.  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 new 
DTV Table Appendix B, as adopted.124 Our proposal is designed to give stations facing the challenges 
associated with moving to a new DTV channel the maximum possible time to complete their post-
transition facilities before analog transmissions must cease.  We seek comment on this approach, and on 
whether an earlier construction date would still be appropriate in some circumstances.  
61. With the establishment of the hard deadline, we believe the focus must turn to facilitating 
stations efforts to construct their permanent DTV facilities that will be used to provide service after the 
transition.  Therefore, at this stage in the DTV transition, we propose to allow a station to terminate 
further construction of its pre-transition DTV channel if this channel is not the stations post-transition 
channel. We request comment on this proposal.  We believe that requiring stations to build or expand 
facilities that would only be operated until the end of the transition  i.e., for less than two years 
potentially could undermine the larger public interest objective of ensuring a timely transition to digital 
broadcasting by diverting limited resources from what is a far more important goal:  the construction of 
final, post-transition facilities.
62. At the same time, however, we recognize that many stations whose pre-transition DTV 
channels are not the channels they will operate on post-transition 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.  It is not our intent to treat these stations unfairly or reward stations that 
have been less diligent in providing DTV service during the transition.  However, as noted above, it is 
critical at this juncture to focus on the completion of final DTV facilities.  In order to accomplish this 
goal, we believe we must permit stations to cease investing time and resources in completing facilities 
that will be used for the remainder of the transition simply in order to retain interference protection on 
their final, post-transition channels.  Instead, we need to ensure that stations are focused on finalizing 
  
123 See infra section V.C.4. ( 85-87) (proposing to use the tolling standard in 47 C.F.R. 73.3598(b) to evaluate 
requests for additional time to construct DTV facilities with construction deadlines occurring post-transition, i.e., 
February 17, 2009 and later).  See 47 C.F.R. 73.3598(b) (rule for analog CPs and singletons). 
124 See infra discussion of application requirements in section V.D.
Federal Communications Commission FCC 07-70
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their post-transition facilities now to ensure service to the public when analog transmissions cease.
63. Accordingly, we propose to change our use or lose policy for stations whose pre-
transition DTV channel is not their post-transition channel as follows.  For such stations that received 
either an extension of their construction deadline in the Construction Deadline Extension Order or a 
waiver of their use-or-lose deadline in the Use or Lose Order (i.e., 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), we propose that these stations will not lose protection to their post-
transition channels.  We note that many stations that have not built their transitional facilities have faced 
recognizable impediments to doing so.  In addition, most of these 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 they were found to have a valid reason not to have met the applicable 
deadline.  Thus, we do not believe that allowing stations that faced such impediments to retain 
interference protection on their final, post-transition facility unfairly rewards these stations.  We seek 
comment on this approach.  We specifically invite comment on the effect of this proposal on stations 
moving to a different DTV channel for post-transition operations that have fully complied with their use-
or-lose deadlines and construction permit build-out requirements.  
64. Under our proposal here, stations with a pre-transition DTV channel that is not the same 
as their final, post-transition channel have the following options.  We request comment on our proposal, 
discussed below. 
65. Pre-Transition DTV Channel Unbuilt or Not in Operation.  We propose to permit a 
station that has not constructed an operational pre-transition DTV facility to elect simply to return its CP 
for that facility to the Commission and focus its efforts on construction of its post-transition facility.  
Thus, a station that has either not begun construction of its pre-transition DTV facility or has not begun 
operating that facility, and will be moving to a different channel at the end of the transition, may return 
the CP for that facility to the Commission.  As stations in this situation are not currently providing digital 
service to the public, we believe it is appropriate at this stage in the transition to allow these channels to 
be returned.  We request comment on this approach.  Stations electing this option would be required to 
obtain flash cut approval in accordance with the proposals discussed in section V.B., supra.  Stations 
electing this approach would be able to carry over interference protection to their post-transition channel, 
as noted above. 
66. Pre-Transition DTV Channel in Operation. Stations with operational DTV facilities on a 
pre-transition channel may have several options.  Under each of these options, we propose to permit a 
station to carry over interference protection to its post-transition channel, as noted above.
 First, stations may discontinue further construction on their pre-transition DTV 
facility and to operate the facility they have constructed at this point during the 
remainder of the transition while they focus on construction of their permanent DTV 
facility.  We propose to permit these stations to file an application to modify their 
existing CP to match their pre-transition DTV facility in accordance with the 
Commissions rules.125  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, stations may be permitted to cease operating their pre-transition DTV facility 
in certain circumstances.  We propose that these stations must obtain flash cut 
  
125 Stations seeking to modify an existing license or authorization should use FCC Form 301 or 340; see 47 C.F.R. 
 73.1615, 73.1690(b), 73.3533, 73.3538.  
Federal Communications Commission FCC 07-70
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approval in accordance with the proposals discussed in section V.B., supra. 
 Third, stations may decide they would like to continue construction of their full, 
authorized DTV facility on their pre-transition channel.  While we do not want to 
deny stations in this third category the opportunity to continue to build pre-transition 
DTV facilities and to provide service on these facilities for the remainder of the 
transition, we believe it is appropriate to require that these facilities be completed 
expeditiously.  Accordingly, for stations in this third category, we propose to permit 
the station to continue to build its pre-transition DTV facility, but will require that 
construction be completed by the deadline established for them in the Construction 
Deadline Extension Order or in the Use or Lose Order (i.e., 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). 
2. Stations Whose Post-Transition Channel is the Same as Their Pre-
Transition DTV Channel 
67. Many stations whose pre-transition DTV channel is the same as their post-transition 
channel have already made substantial progress toward construction of facilities that will be used to 
provide service after the transition.  Specifically, they have already constructed their full, authorized DTV 
facilities in accordance with their existing CP or license and the Commissions previous build-out 
requirements established in the Second DTV Periodic Report and Order.126 Some of these stations have 
built DTV facilities that match127 those defined in the proposed new DTV Table Appendix B and are, 
therefore, now ready for post-transition operations.  Other stations whose pre-transition DTV channel is 
the same as their post-transition channel have built their full, authorized DTV facilities in accordance with 
their existing CP or license but for some reason these facilities do not match those facilities defined in the 
proposed new DTV Table Appendix B.128 These stations will need to file an application for a new CP or 
an application for modification of CP to change their facilities to match those facilities defined in the new 
DTV Table Appendix B, as adopted.129 We discuss below, in section V.D., the process by which stations 
must file such applications. 
68. Other stations with the same pre- and post-transition DTV channel have not yet 
constructed their full, authorized DTV facilities.  Some of these stations currently have a CP for their full, 
authorized DTV facility, some are operating reduced facilities pursuant to an STA, and some may not 
have constructed at all.  These stations must complete construction and, in some cases, may have to apply 
  
126 See list of stations in Appendix D, infra.
127 We remind stations of their continuing obligation to notify the Commission concerning changes in their facilities.  
See, e.g., 47 C.F.R.  1.65, 73.1690, 73.3533, 73.3538.  Stations are expected to comply with the rules and may 
refer to adjustments in their facilities as described in the new DTV Table Appendix B in their comments in this 
docket.  See Seventh FNPRM, 21 FCC Rcd at 12110  28.  To the extent that stations still need to modify their 
authorization, we propose to require them to file an application, as discussed below in section V.D.  In addition, as 
we propose below, applications that match or closely approximate but do not exceed their new DTV Table 
Appendix B facilities will be eligible for expedited processing.  See section V.D., infra. 
128 Stations may have certified facilities that were authorized by CPs they have not yet constructed, or that they 
requested in pending applications that have been held up by international coordination issues, or that are based on 
replication that their current CP or license does not exactly achieve.  Stations may also have modified their CP or 
license since they filed their certification so that their currently authorized coverage no longer provides an exact 
match to their certified coverage.  
129 See, e.g., 47 C.F.R.  73.1690 (modifications of facilities), 73.3533 (application for CP or modification of CP), 
73.3538 (applications for changes in existing stations).
Federal Communications Commission FCC 07-70
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for a new CP or for modification of their CP to receive authorization for facilities that match the facilities 
defined in the new DTV Table Appendix B, as adopted.  
69. It is possible that a station with the same pre- and post-transition channel does not want to 
complete construction of its full, authorized facilities as described in the new DTV Table Appendix B.  
These stations must apply to modify their existing CP or license to reflect the facility they intend to 
construct or have constructed.130  
70. For stations whose post-transition channel is the same as their pre-transition DTV 
channel, we propose that the deadline to complete construction of their final, DTV facility is the deadline 
established for them in the Construction Deadline Extension Order or Use or Lose Order (i.e., six months 
from the release date of those orders).131 For these stations, we believe it is appropriate to require that 
they complete construction of their final DTV facility by this deadline because they have already had a 
significant period of time in which to build their post-transition facilities and, indeed, should already have 
these facilities constructed.  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 post-transition facilities.  
71. We invite comment on this approach.  In particular, we invite comment on whether there 
are stations in this group that must apply for a new or modified CP because their current CP does not 
match the facilities specified in the proposed new DTV Table Appendix B.  Are the changes in the CP 
such that little, if any, of the equipment necessary for the facility for which they currently have a CP 
could be used in the facility specified in the new DTV Table Appendix B, as adopted?  If we were to give 
these stations more time to construct, should we do so only where the difference between the facilities 
specified on the current CP and those defined in the proposed new DTV Table Appendix B is significant?  
If so, how should we define a significant difference in this context? 
3. Other Situations
72. In this section, we separately discuss the proposed treatment of stations with side-
mounted digital antennas or facing other circumstances whereby the operation of the stations analog 
service prevents the completion of the stations full, authorized post-transition facility as defined in the 
proposed new DTV Table Appendix B.  We also discuss the treatment of stations granted a waiver of the 
August 4, 2005 checklist deadline and stations denied an extension of time to construct a pre-transition 
DTV facility or a use or lose waiver request. 
73. Stations Facing Unique Technical Challenges.  In the Construction Deadline Extension 
Order, the Commission granted the extension applications of four stations because these stations faced 
unique technical challenges (e.g., side-mounted antenna-related issues) preventing them from completing 
construction of their DTV facilities.132 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 
  
130 Stations seeking to modify an existing license or authorization may use FCC Form 301 or 340; see 47 C.F.R.  
73.1615, 73.1690(b), 73.3533, 73.3538.  Stations may also apply for an STA pursuant to 47 C.F.R.  73.1635.  Any 
such applications must be consistent with our proposals in section V.D., infra.  See also infra section V.C.6.,  89 
(proposal to permit stations to temporarily build less than full, authorized post-transition facilities).
131 See Construction Deadline Extension Order, supra note 88, at  1, and section III.A.; and Use or Lose Order, 
supra note 88, at  1, and section III.A. 
132 See Construction Deadline Extension Order, supra note 88, at  1, and section III.C. 
Federal Communications Commission FCC 07-70
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DTV antenna, these stations would have to relocate the analog antenna to another position on the existing 
tower or to another location altogether.  These stations were granted an extension until February 17, 2009 
to complete construction of their DTV facilities.133 Similarly, in the Use or Lose Order, the Commission 
identified 45 stations that have come close to meeting the applicable replication or maximization 
requirements but cannot fully satisfy those requirements because of unique technical challenges 
associated with operation of their analog, as well as construction of their digital, facilities.134 Some of the 
stations in this latter group are stations with top-mounted antenna issues; others include 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.  These stations were granted a similar waiver of the use or lose deadline.135
74. For the 49 stations referenced above that were granted an extension request or use-or-
lose waiver because they faced unique technical challenges, we propose that the deadline for these 
stations to complete construction of their final, DTV facility is the deadline established for them in the 
Construction Deadline Extension Order or Use or Lose Order (i.e., February 17, 2009).136 In general, we 
established pre-transition DTV construction deadlines, and have proposed post-transition construction 
deadlines herein, based on whether a particular station was going to use its pre-transition DTV channel 
for post-transition operations.137 However, in the Construction Deadline Extension Order or Use or Lose 
Order, we did not rely on this distinction because stations with a top-mounted antenna issue face a unique 
and insurmountable impediment to construction (i.e., they cannot put both an analog and a DTV antenna 
on top of the same tower).  Accordingly, we propose to give all such stations until February 17, 2009 to 
complete their final, post-transition facilities.  We also anticipate that these stations will take advantage of 
approaches proposed herein in the section concerning reduction in analog service prior to the end of the 
transition to facilitate construction of final, DTV facilities.  We seek comment on this approach.
75. Stations Granted Waivers of the Checklist Deadline.  In the Use or Lose Order, the 
Commission granted 10 requests for waiver of the August 4, 2005 deadline established for all television 
stations to construct and operate a checklist DTV facility.138  For four of these stations whose pre-
transition DTV channel is the same as their post-transition channel, the Commission granted these 
stations a checklist waiver and gave them an additional six months from the release date of the Use or 
Lose Order in which to complete construction and begin operation of their checklist facilities.  For six 
of these stations whose pre-transition DTV channel is different from their post-transition channel, the
Commission granted these stations a checklist 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 and begin operation of their 
checklist facilities.  
76. We propose for these stations an approach dependent upon whether their pre-transition 
DTV channel is the same as, or different than, their post-transition channel.  For the six stations granted 
checklist waivers whose pre-transition DTV channel is different than their post-transition channel, we 
  
133 Id.
134 See Use or Lose Order, supra note 88, at  1, and section III.C. 
135 Id.
136 See Construction Deadline Extension Order, supra note 88, at  1, and section III.C.; and Use or Lose Order, 
supra note 88, at  1, and section III.C.
137 See supra sections V.C.1. and V.C.2.
138 See Use or Lose Order, supra note 88, at  2, and section III.E. 
Federal Communications Commission FCC 07-70
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propose to apply the procedures outlined at section V.C.1., supra, for stations that are moving to a 
different channel post-transition. Thus, for these stations we propose not to require further construction 
of their pre-transition DTV facility and propose to establish February 17, 2009 as the deadline by which 
these stations must complete their final, post-transition facilities.139 These stations may cease further 
construction of their pre-transition facility.  They may decide to operate the facilities they have 
constructed on their pre-transition channel for the remainder of the transition and, if so, they should apply 
to license those facilities and, if they do so, they would not be required to request further extensions of 
time to construct in order to retain full interference protection to their post-transition DTV channel.  
Alternatively, these stations could elect to pursue the options outlined in section V.A., supra, concerning 
reduction in analog service prior to the end of the transition.  For the four stations granted checklist 
waivers whose pre-transition DTV channel is the same as their post-transition channel, we propose to 
apply the procedures outlined above at section V.C.2., supra, for stations with the same pre- and post-
transition channels.  Thus, these stations must complete their full, final post-transition facility by the 
deadline established in the Use or Lose Order (i.e., six months from the release date of the Use or Lose
Order).  Any request for extension of time to construct beyond that date will be considered under the 
stricter extension criteria proposed herein.140 We invite comment on these proposals. 
77. Stations Denied An Extension of Time to Construct.  In the Construction Deadline 
Extension Order, the Commission denied the extension applications of five stations, admonishing three of 
these stations for their continuing failure to timely construct and affording these stations additional time 
to comply with the DTV construction rule.141 The 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, while the 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 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.142 For these admonished stations, we 
  
139 In the Use or Lose Order, these stations were granted a waiver of the checklist deadline 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. See id. 
140 See infra section V.C.4.
141 See Construction Deadline Extension Order, supra note 88, at  1, and at sections III.D. and III.E.  The other two 
stations that were denied extensions were not admonished nor made subject to remedial measures because they met 
their DTV construction obligations albeit at a lower power and their extension requests were filed on a contingent 
basis.  These stations shall be permitted to continue to operate their licensed facilities.  See id. at section III.D. 
142 See id. at section III.E.  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).  The two admonished stations 
whose pre-transition DTV channel is the same as their post-transition channel were required to submit a report 
within 30 days of the release date of the Construction Deadline Extension Order outlining the steps they intend to 
take to complete construction and the approximate date by which they will reach each of these construction 
milestones.  Sixty days after the initial report, these stations were directed to submit a report detailing their progress 
on meeting their proposed construction milestones and justifying any delays they may have encountered.  If, at any 
time during the relevant period, these stations fail to comply with the reporting requirements or fail to demonstrate 
that they are taking all reasonable steps to complete construction, or we otherwise find that these stations have acted 
in bad faith, we will consider the imposition of additional sanctions.  The two admonished stations whose pre-
transition DTV channel is different from their post-transition channel were not required at this time to comply with 
the reporting and progress requirements described above for the other two admonished stations, given the 
Commissions ongoing consideration of this matter in this Third DTV Periodic Review proceeding.  Construction 
Deadline Extension Order, supra note 88, at section III.E. 
Federal Communications Commission FCC 07-70
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propose that we will not consider any future requests for extension of time to construct pre-transition 
facilities.  We note that the Construction Deadline Extension Order admonished these stations and 
subjected them to remedial measures and noted that the stations could be subject to additional sanctions if 
they do not comply with the measures and requirements set forth in that Order.  In that regard, we propose 
that for the one station who was admonished and whose pre-transition DTV channel is the same as their 
final, post-transition channel, if such a station does not complete construction of its DTV facility by the 
deadline established in the Construction Deadline Extension Order, the station would be subject to 
additional remedial measures, such as but not limited to the loss of its pre-transition channel, the loss of 
its ability to carry over to its post-transition channel interference protection for the area unserved by its 
pre-transition facility, and the issuance of forfeitures.  For the other two admonished stations, whose pre-
transition DTV channel is not the same as their post-transition channel, because these stations have been 
denied an extension of their construction deadline and have been required to follow remedial procedures, 
we believe it is appropriate to treat these stations more strictly than stations that have met the current 
standard and been granted an extension of the construction deadline.  However, we believe requiring 
these two stations to build their pre-transition channel would be inconsistent with the policy advanced 
throughout this notice to shift our focus to construction of post-transition facilities.143 Therefore, we 
propose that these stations will not be required to construct their pre-transition facilities but will remain 
admonished and on a remedial program with respect to construction of their post-transition facilities.  If 
these stations fail to meet the construction deadline established for their post-transition facilities, we 
propose that these previously admonished stations would also be subject to additional remedial measures 
similar to those applicable to stations whose pre-transition channel is the same as their post-transition 
channel (e.g., the issuance of forfeitures).  We request comment on these proposals.  Our proposals here 
are not intended to conflict with the Construction Deadline Extension Order or the remedial measures or 
possible sanctions mentioned therein, but instead propose additional or alternative consequences for 
failure to construct by the applicable deadline. 
78. Stations Denied a Waiver of the Use or Lose Deadline.  In the Use or Lose Order, the 
Commission determined that seven stations were unable to show that good cause existed to allow them 
additional time to meet their applicable use or lose deadline and, thus, were denied their use or lose 
waiver requests.144 Because these stations failed to meet the applicable replication/maximization 
requirements, they lost interference protection to the unused portion of the associated coverage area.  In 
addition, these stations lost the ability to carry over their interference protection to their unserved DTV 
service area on their post-transition channel.145  We remind these stations that, with respect to their pre-
transition channel, they must submit an application to modify their DTV construction permit to specify 
their reduced facilities, as directed in the Use or Lose Waiver Order.146  Nevertheless, we recognize that 
the proposals in this Notice deemphasize the requirement that stations construct DTV facilities that will 
not be used for post-transition operations.  Therefore, we seek comment on whether we should reevaluate 
  
143 See supra section V.C.1.
144 See Use or Lose Order, supra note 88, at  1, and at section III.D.  Three of the seven stations denied use-or-
lose waiver requests are remaining on their current DTV channel for post-transition use.  Id. 
145 See id.
146 See id.  The Use or Lose Order instructed the three stations denied waivers whose pre-transition DTV channel is 
the same as their post-transition channel to submit an application to modify their DTV construction permit to specify 
their reduced facilities within 30 days of the release date of this Use or Lose Order. However, the other four stations 
denied waivers whose pre-transition DTV channel is not the same as their post-transition channel were provided 
until 30 days after the effective date of the amendments to Section 73.624(d) adopted in the Report and Order in the 
Third DTV Periodic Review proceeding to submit an application to modify their DTV construction permit to specify 
their reduced facilities.  Id.
Federal Communications Commission FCC 07-70
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the loss of interference protection for these stations with respect to their post transition channel.
4. Extension/Waiver of DTV Construction Deadlines
79. In light of the deadline for completion of the digital transition and in view of the changes 
proposed above to our construction deadline and use or lose policies, we believe it is appropriate at this 
time to consider the standard that should apply generally for grant of an extension of time to construct 
DTV facilities pre-transition.147
80. 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.148 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.149 These rules apply to stations granted 
a paired license for analog and digital operation during the transition.  The Bureau may grant no more 
than two extension requests upon delegated authority.  Subsequent extension requests must be referred to 
the Commission.150
81. We propose to revise and tighten this standard for extension of DTV construction 
deadlines to ensure that stations complete their DTV facilities and commence operation.151 The current 
standard was adopted early in the DTV transition process when stations were first trying to build digital 
facilities and applies only to stations with a paired license.152 The standard was revised to include 
consideration of financial resources at a time when broadcasters were still trying to meet the initial 
construction deadlines.153 At this point in time, however, the initial construction deadlines for DTV 
facilities passed several years ago and the deadline for completion of the transition is less than two years 
away.  We believe that stations at this stage in the transition must finalize their construction plans and 
implement them.  We tentatively conclude that we should 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.154 Specifically, we propose to eliminate Section 73.624(d)(3)(ii)(B), which permits consideration 
of circumstances related to the lack of equipment necessary to obtain a digital television signal in the 
  
147 This new standard will not apply to digital LPTV facilities.  See supra note 3.
148 See 47 C.F.R.  73.624(d)(3). 
149 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 20610-12 46.
150 See 47 C.F.R.  73.624(d)(3)(iii).
151 See proposed rule 47 C.F.R.  73.624(d)(3) in Appendix A.
152 See Fifth Report and Order, 12 FCC Rcd at 12841-12842  77 (1997).  The Fifth Report and Order added 47 
C.F.R.  73.624.
153 See First DTV Periodic MO&O, 16 FCC Rcd 20610-20612  41-46 (2001).
154 See proposed rule changes in Appendix A.
Federal Communications Commission FCC 07-70
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evaluation of whether to grant a request for extension of time to construct.  At this point in the transition, 
we believe stations have had ample time to order the equipment required to provide digital service and do 
not believe it is necessary or appropriate to grant stations additional time to construct because of 
equipment delays, absent extraordinary circumstances.  We also propose to revise Section 
73.624(d)(3)(ii)(C), which permits consideration of circumstances where the cost of meeting build-out 
requirements exceeds the stations financial resources.  Specifically, in seeking a DTV extension, we 
propose 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.155 Thus, we propose to eliminate the existing four-part test for financial hardship 
and replace it with a new test.  Stations seeking an extension based upon financial considerations 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 also would be 
required to submit a schedule of when they expect to complete construction.  We seek comment on this 
proposal.  In particular, we seek comment on how this proposal should be applied to noncommercial 
educational stations, whose financial circumstances often differ from those of commercial stations.
82. Again, at this stage in the transition we believe all stations have had considerable time to 
address financial issues related to completion of their digital facilities and further consideration of such 
issues in connection with a request for additional time to construct should be limited to a situations like 
bankruptcy or receivership where a court generally controls the stations finances, or where the station 
can demonstrate severe financial hardship as discussed above.  Thus, going forward, requests for 
extension of time to construct related to lack of equipment or the cost of meeting the build-out 
requirements other than where the station is in bankruptcy or receivership or is facing severe financial 
hardship as discussed above will not generally be granted.  
83. However, we will continue to consider going forward 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, such as 
reasons related to international coordination.  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.  In 
addition, we will continue to consider circumstances related to an act of God or terrorism.  A proposed 
revised rule of Section 73.624(d) is attached in Appendix A.  We will revise FCC Form 337, accordingly, 
and will continue to require that any request for extension of time be filed electronically using the revised 
form.156  We propose to apply the revised rule concerning requests for extension of time to build DTV 
facilities to all requests for extension of construction deadlines occurring prior to February 17, 2009.  This 
  
155 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 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. 
156 See proposed changes to FCC Form 337 in Appendix B.
Federal Communications Commission FCC 07-70
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revised rule would apply, inter alia, to those stations whose pre-transition DTV channel is the same as 
their post-transition channel and that were granted extensions or waivers in the Construction Deadline 
Extension Order or the Use or Lose Order.  We recognize that some stations may request further 
extensions of time to build and that other stations, whose deadlines have not yet expired, may request 
extensions of deadlines once their deadlines expire.157 We tentatively conclude that we will apply the 
revised rule to any requests that are pending at the time the revised rule becomes effective.  We seek 
comment on these proposals and on this tentative conclusion.158
84. We note that while we propose to establish a stricter standard for requests for extension 
of time to construct DTV facilities, we are also proposing, as discussed above, to eliminate the 
requirement for some stations that they build pre-transition DTV facilities on channels that are not their 
post-transition channel.  Taken as a whole, we believe these proposed changes will help many 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 end analog 
transmission by February 17, 2009.
85. Post-transition we intend to take a different approach with respect to requests for 
additional time to construct DTV facilities.  While the transition to digital broadcasting was underway, 
analog broadcasting remained the primary method by which the vast majority of American consumers 
received over-the-air television.  As a result, while it was important to the transition that stations begin 
transmitting a digital signal, it was not critical to the ability of over-the-air viewers to view broadcast 
television that they do so.  Accordingly, our extension criteria permitted grant of extensions of time to 
construct DTV facilities based on a number of different criteria.  Once the nation moves to an all-digital 
broadcast service, however, we believe that application of a stricter tolling standard for additional time 
to construct is appropriate.  Once DTV is the sole broadcast service, we believe requests for additional 
time to construct should be treated as we now treat such requests for all analog stations and DTV 
singletons.159
86. Specifically, for all requests for additional time to construct DTV facilities for 
construction deadlines occurring February 17, 2009 or later, we tentatively conclude that we will consider 
such requests under the tolling standard set forth in Section 73.3598(b) of our rules,160 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 
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 
  
157 See supra  57 (discussing stations whose CPs or extended deadlines have not yet expired).
158 We note that DTV singleton stations that were not eligible for a paired license for analog TV and DTV operation 
during the transition are not currently governed by 47 C.F.R.  73.624(d)(3).  These DTV singleton stations are 
currently subject to the tolling provisions of 47 C.F.R.  73.3598(b) and we propose that these stations continue to 
be subject to the provisions of that section.  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 94-149; Report and Order, 13 FCC Rcd 23056, 23091  85 (1998) 
(1998 Streamlining Order), aff'd on reconsideration, Memorandum Opinion and Order, 14 FCC Rcd 17525 
(1999) (Streamlining MO&O). 
159 See 47 C.F.R.  73.3598(b).
160 Id.
Federal Communications Commission FCC 07-70
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operation of the station (i.e., zoning or environmental requirements).161 The rule further provides that a 
permittee must notify the Commission of any event covered under the provision and provide supporting 
documentation in order to toll the construction deadline.162 Permittees are also 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 any construction progress and the steps the permittee has 
taken and proposes to take to resolve any remaining impediments.163 Section 73.3598 further provides 
that 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.164 We seek comment on this approach. 165 We also invite 
comment on whether it is necessary to amend Section 73.3598(a) to specify DTV or if the existing 
reference to new TV in this section will be adequate in conjunction with the clarification provided by 
the Order to be adopted in this proceeding.166 We also seek comment on whether we should afford small 
television broadcasters additional time to construct DTV facilities.167
87. We note that, under the current rules applicable to DTV stations, the Commission has 
permitted a station to justify an extension request if the Commission has not acted on the stations 
modification application.168 Under the tolling standard we propose to apply to all construction deadlines 
February 17, 2009 and later, the filing of an application for modification of a construction permit would 
not be grounds for tolling of the construction deadline.  We believe that transitioning DTV stations to the 
rule applicable to construction of analog TV and all other broadcast stations in this regard is appropriate 
  
161 Id.
162 See id.  73.3598(c).
163 See id.  73.3598(d).
164 See id.  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 Streamlining MO&O, 14 FCC Rcd at 17541  
42 (1999).
165 We will consider further amendments after the transition is completed to eliminate rules that were adopted only 
for the construction of DTV stations during the transition.  As part of that effort, we may eliminate 47 C.F.R.  
73.634(d)(3) and instead rely, as proposed herein, on 47 C.F.R.  73.3598(b) for all construction, as we do today for 
the broadcast services.  We also note that these proposals are for the full-power stations subject to the February 17, 
2009 deadline.  The rules pertaining to low power, translator and Class A stations will be the subject of another 
proceeding.  See supra note 3.
166 See 47 C.F.R.  73.3598(a) (referencing original construction permits for the construction of a new TV, AM, 
FM or International Broadcast; low power TV; TV translator; TV booster; FM translator; or FM booster station, 
).  As noted above, we also intend to initiate a proceeding to consider general rule revisions consistent with the 
eventual elimination of analog television broadcasting.  See supra note 66.  
167 The Small Business Administration defines a television broadcast station as a small business if such station has 
no more than $13.5 million in annual receipts; 13 C.F.R.  121.201, NAICS Code 515120.  See Appendix C, Initial 
Regulatory Flexibility Analysis (IRFA).  We note that small TV stations, as well as larger stations, must terminate 
analog broadcasting by February 17, 2009, and, therefore, should have their digital facility completed by that date.
168 See 47 C.F.R.  73.624(d)(3).
Federal Communications Commission FCC 07-70
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post-transition.  However, we propose that delays due to international coordination would not generally 
be grounds for tolling of a DTV construction permit with two exceptions.  First, the Commission would 
toll a construction permit for a DTV station where the station could demonstrate that a request for 
international coordination had been sent to Canada or Mexico on behalf of the station and no response
from the country affected had been received.  Second, the Commission would toll a DTV construction 
permit where the station could 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.  We seek comment on these 
proposals and other changes to Section 73.3598. 
5. Early Transition
88. Some stations that are moving to new post-transition channels (i.e., not operating on 
either of their pre-transition channels) may want to begin operating on those new channels before the 
transition date.  We seek comment from stations in this category on whether they believe they permissibly 
could operate on their post-transition channel before the February 17, 2009 deadline for terminating 
analog transmissions.  We also invite comment on the potential benefits of early transition and the 
impediments that may exist.  We believe that early transition could advance the transition if it provided 
improved DTV service and freed transition resources for those stations building later.  Under what 
circumstances will stations be able to transition early without causing impermissible interference to 
another station (analog or digital)?  We seek comment on whether there are any incentives we can or 
should provide to stations to operate on their post-transition channel early.  We propose to allow early 
transition, provided such operations would not cause impermissible interference to another station.  
Consistent with our transitional interference protection policies, we propose that early transitioning 
stations must not cause more than 2.0 percent interference to any authorized analog-only TV station.169  
Stations interested in transitioning early should indicate their intent to do so in their CP or modification 
applications for post-transition facilities.170 Because we tentatively conclude that stations cannot expand 
beyond their facilities defined in the new DTV Table Appendix B,171 as adopted, we believe early 
transitioning stations cannot cause additional interference to post-transition operations.  We also propose 
to permit such stations to commence early post-transition operations that may be less than their full, 
authorized facilities, provided impermissible interference is not caused to another station (analog or 
digital).  Broadcasters seeking to commence early post-transition operations would need to indicate 
whether doing so will result in a loss of their own analog or digital service and, if so, how they plan to 
address that loss in service.  As discussed above in the analog service loss context, we seek comment on 
whether (and if so to what extent) a loss of service should be acceptable if it would help facilitate the 
transition.172 We seek comment on these proposals.  
6. Additional Proposals to Provide Regulatory Relief
89. Alternative Buildout.  We seek comment on whether to permit stations to request an STA 
to build less than their full, authorized post-transition facilities by the relevant construction deadline, 
provided these stations at least serve the same area and population that receives their current analog TV 
and DTV service so that over-the-air viewers will not lose TV service.  Could such a proposal facilitate 
the transition without undermining viewers over-the-air reception expectations after the transition date?  
  
169 See infra discussion about pre-transitional interference standards in section V.F.2.
170 We are proposing to revise FCC Forms 301 and 340 to allow stations to simultaneously apply for both pre- and 
post-transition facilities.  See proposed form changes in Appendix B.  
171 See infra discussion in section V.E.
172 See supra discussion in section V.A.
Federal Communications Commission FCC 07-70
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We would apply the new construction deadlines and standard adopted in this proceeding for additional 
time to construct to the construction of such intermediate facilities that would meet the service 
requirement.173 If we adopt such a proposal, when must these stations construct their full, authorized 
post-transition facilities?  If we do not afford such relief generally, should we afford such relief to small 
television broadcasters because of unique challenges they may face in completing their transition?
90. Temporary Use of In-core Pre-Transition DTV Channels.  We believe 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.  We propose to afford these stations with this opportunity if doing 
so would facilitate their transition.  We propose to allow these stations to choose to temporarily remain on 
their pre-transition DTV channel if:
(1) they serve at least the same area and population that receives their current analog TV 
and DTV service so that over-the-air viewers will not lose TV service;174 and 
(2) they do not cause impermissible interference to other stations or prevent other 
stations from making their transition.  We tentatively conclude that the 0.5 percent 
interference standard proposed for post-transition operations in section V.F.1., below, 
would apply because such operations would occur after the transition deadline.  
We seek comment on this proposal.  We propose for stations to make such requests in accordance with 
the rules for STA.175 We believe affording such regulatory flexibility to these stations will facilitate the 
transition.  We seek comment on this proposal, including its usefulness to stations and on whether it is 
consistent with the statutory transition deadline.176 Can a station readily determine whether its continued 
operation after February 17, 2009 on its pre-transition DTV channel would interfere with another stations 
transition or operation?  If we adopt this proposal, how long should we allow stations to remain on their 
in-core pre-transition channel and when must these stations construct their full, authorized post-transition 
facilities?177 What effect would this proposal have on the operation of DTV receiver equipment, 
including D-to-A converter boxes?178 Finally, we seek comment on the implications of our proposal with 
respect to the adoption of the new DTV Table.
91. Channel Priority.  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 
  
173 See supra discussion in section V.C.4.
174 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.
175 See 47 C.F.R.  73.1635.
176 We note that out-of-core DTV stations are prohibited by statute from remaining on their original allotted DTV
channel after the transition deadline.  Therefore, this flexibility would not apply to DTV stations operating out-of-
core.
177 Whatever post-transition construction deadline is established for these stations, we propose to apply the new 
tolling standard adopted in this proceeding.  See supra discussion in section V.C.4.
178 It is our understanding that whenever a station changes channels, an over-the-air viewer using a D-to-A converter 
box (or DTV tuner-equipped set) will have to manually rescan for available channels in order to receive that 
channel.
Federal Communications Commission FCC 07-70
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channel 11 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.  Stations are reminded that their authority to operate on a pre-transition channel, whether analog or 
digital, ends on February 17, 2009, unless they have applied for and been granted authority to remain on a 
pre-transition channel.  We seek comment on whether and, if so, what steps the Commission should take 
to ensure a smooth transition in these circumstances.  
D. Applications to Construct or Modify DTV Facilities
92. Stations that need to request authority to construct or modify their post-transition 
facilities must file CP or modification applications (i.e., FCC Form 301 or 340).179 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.180 Stations that have a license to operate or a CP to 
construct the facilities they want to retain for post-transition use should file applications if their licensed 
facilities or CP do not match the proposed new DTV Table Appendix B unless they have previously filed 
comments to amend the Table or Appendix B in the Seventh FNPRM, MB Docket No. 87-268.181  
Appendix D lists the stations that are ready for post-transition operations and do not need to apply for a 
  
179 See 47 C.F.R.  73.1690(b), 73.3533(a), 73.3538.  The 634 stations that need to construct their post-transition 
facilities because they will not be using their currently authorized DTV channel for post-transition operations are 
expected to file after the DTV Table is adopted.  Any of the 1,178 stations that will use their currently authorized 
DTV channel for post-transition operations but need to change their facilities because they do not have an 
authorization for their intended operations should also file an application.  For example, a station that intends to 
operate its post-transition facility pursuant an existing STA operation must file an application to modify its CP.  
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 better reach their new DTV Table Appendix B coverage if such 
was based on a certification that differs from their current license or CP (for example, more than 200 stations staying 
on their pre-transition DTV channel certified to replication facilities and their currently authorized licenses or CPs 
are unlikely to exactly match the new DTV Table Appendix B facilities that are derived from the replication 
coverage).  Stations that already have a license to operate or a CP to construct their post-transition channel that 
matches their new DTV Table Appendix B facilities do not need to file any additional CP applications.  This group 
includes those stations discussed in  17 that will use their currently authorized DTV channel for post-transition 
operations and that will use facilities that exactly match those defined in the new DTV Table Appendix B.  These 
stations are building their post-transition facilities on the CPs granted for pre-transition operation.  Once they have 
completed construction, they should file for a license to cover (FCC Form 302) as required by 47 C.F.R.  73.3536; 
see also infra  96. 
180 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.  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).  See also 47 C.F.R.  73.1690, 73.3533, 73.3538.
181 The facilities defined in the proposed new DTV Table Appendix B were intended to allow stations to serve 
geographic areas based on licensees certification forms (FCC Form 381) and, in some cases, on conflict resolution 
forms (FCC Form 383 and 385).  If the DTV facility that a station intends to license for post-transition operation did 
not match the facilities described in the proposed new DTV Table Appendix B, but does match the facility in the 
revised new DTV Table Appendix B when adopted, the station need not file an application.
Federal Communications Commission FCC 07-70
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CP or modification based on current records.  We invite comment on this list and whether there are 
stations that should be added or deleted. 
93. Filing Requirements.  Commercial stations that need to construct or modify their post-
transition facilities must file FCC Form 301 for a minor modification182 and submit the appropriate fee.183  
NCE stations must file FCC Form 340.  We propose that stations must limit their applications to those 
facilities specified in the new DTV Table Appendix B, as adopted.  Pursuant to this proposal, applications 
requesting facilities that would serve a larger area than stations new DTV Table Appendix B facilities 
would not be accepted at this time.184 Because the new DTV Table will have resolved the interference 
conflicts raised during the channel election process, we believe we would be able to process these 
applications without having to conduct interference analyses and without having to consider whether any 
applications are mutually exclusive.  We seek comment on this proposal.  Specifically, we seek input 
from any stations that may be unable to build precisely the facilities specified in the new DTV Table 
Appendix B (for example, if an antenna producing the exact antenna pattern described in Appendix B is 
not available).  If such stations are prohibited from expanding beyond their DTV Table Appendix B 
facilities (as proposed infra in section V.E.), will they instead be required to reduce their facilities so 
significantly that they will be unable to provide adequate service?  If so, should we allow stations that fall 
into this situation to expand beyond their DTV Table Appendix B facilities to the extent necessary to 
address the difference between the theoretical facilities specified in the new DTV Table Appendix B and 
the actual facilities which they are able to build? 
94. Expedited processing. 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, 
2009.185 Thus, stations have a great incentive to promptly file their applications as soon as possible in 
order to have the maximum time to order equipment and build their facilities.  Stations also have the 
responsibility to file their applications in sufficient time before the deadline so that they may be granted 
by the Commission.  In order to provide further incentive for stations to timely file applications for their 
post-transition facilities, we propose to process expeditiously certain applications, provided they are filed 
no later than 45 days after the effective date of Section 73.616 of the rules adopted in the Report and 
Order in this proceeding.  Stations whose channel assignments or facilities are not finalized at that time 
will receive expedited processing if they file their applications no later than the deadline specified in their 
individual channel resolutions.  We believe this application filing deadline of 45 days after the effective 
date of Section 73.616 of the rules adopted in the Report and Order in this proceeding will give stations 
  
182 Applications to construct or modify post-transition facilities specified in the new 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. 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 will be established in the Report and Order in MB Docket No. 87-268, so 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.  See supra note 10.
183 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. 
184 See infra discussed in section V.E.
185 We note that some stations may need to complete their facilities significantly before February 17, 2009, because, 
for example, they will not be able to build during the winter months. 
Federal Communications Commission FCC 07-70
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ample time to prepare for these filings and to complete construction prior to the deadline.186 Specifically, 
we propose to offer expedited processing to stations that timely apply for a CP to build their post-
transition channel, provided that their application (i) does not seek to expand the stations facilities 
beyond its new DTV Table Appendix B facilities; and (ii) specifies facilities that match or closely 
approximate those new 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 deviate no 
more than five percent from those Appendix B facilities with respect to predicted population).  We 
believe we can quickly determine which stations are applying for facilities that do not extend in any 
direction beyond their DTV Table Appendix B facilities and then expeditiously review those stations 
applications without conducting a significant interference analysis because those applications will either 
match or closely approximate their DTV Table Appendix B facilities.187 Further, we believe the creation 
of this process will allow us to grant qualified applications expeditiously, generally within 10 days of 
filing.  We remind stations that expedited processing does not mean they will receive an expeditious 
grant.188 Applications that receive expedited review but that are not readily grantable by the Commission 
will require further action by the station.189 We seek comment on this proposal.  We also seek comment 
on alternative methods to streamline the application process. 
95. Revisions to FCC Form 301 and 340.  To accommodate filings related to stations post-
transition facilities, we propose to modify the FCC Forms 301 and 340, as attached.190 The form changes 
will allow stations to indicate that they are applying for post-transition facilities.  They also will facilitate 
the expedited processing discussed above.  We seek comment on our proposed forms and if additional 
changes to the forms are needed. 
96. Program tests/License to Cover CP.  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 on their post-transition facilities must comply with 
the Commissions rules191 and coordinate with any affected stations when they do the testing.  Each 
station is responsible for determining which other stations may be affected and coordinating 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,192 a station may commence program tests upon 
  
186 The 45-day application deadline will not become effective until OMB approval is obtained for the filing of these 
applications. 
187 In other words, we will not allow them to exceed what is specified in the new DTV Table Appendix B.  See
section V.E., below.
188 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. 
189 In addition to the proposed requirements discussed, an application cannot be granted unless certain other criteria 
are met.  These include certifying 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. 47 C.F.R.  
73.622(f)(2) (checklist criteria).
190 See proposed changes to FCC Form 301 in Appendix B.
191 47 C.F.R.  73.1620(a).
192 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.
Federal Communications Commission FCC 07-70
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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.193 We do not 
believe any rule changes are necessary here.
E. Expanding Facilities 
97. 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.  Stations, however, were not 
allowed to seek facilities that would expand their coverage areas beyond that authorized by a license, CP 
or STA.  This was precluded by the Commissions freeze on the filing of maximization applications in 
order to provide a stable database for developing the new DTV Table.194
98. We recognize that stations may want to apply to expand their facilities to serve a larger 
area than defined in the new DTV Table Appendix B, as adopted.  Stations new channel assignments 
may 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.  It may 
save some stations time and money if they are able to file only one application for expanded facilities. 
99. We believe, however, 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.  
We thus tentatively decide not to allow stations to apply for expanded facilities at this time.  We propose 
to consider the issue of expanded facilities after all stations have had an opportunity to apply for their 
facilities as specified in the new DTV Table Appendix B.  We seek comment on this approach and on our 
tentative conclusions.  We also invite comment on ways in which stations could seek expanded facilities 
at this time without delaying the transition or overburdening the scarce resources needed by other stations 
to transition. 
F. Interference Standards
100. Although we have proposed, above, not to allow stations to apply to maximize their 
facilities at the same time that we will be accepting applications for construction permits for the new DTV 
Table Appendix B facilities, we do intend to allow stations to apply for maximization once it is 
appropriate to do so.  At that point, we will need to have our post-transition interference standards in 
place.  In addition, it is our understanding that knowing what those post-transition interference standards 
will be in advance may enable stations to anticipate future equipment needs and allow them to minimize 
their capital expenditures by buying equipment that can be used both now and in the future.195  
Accordingly, we believe it is appropriate at this time to propose what those post-transition interference 
standards will be.  In this section, we consider interference protection methodologies and requirements for 
application processing, as well as for rulemaking petitions to add a new DTV allotment or change the 
channel of an existing allotment.
  
193 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).
194 See supra note 180 (explaining the Commissions filing freeze). 
195 We cannot provide any guarantees regarding whether and/or to what extent any particular broadcaster may be 
able to expand their facilities in the future.
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101. In adopting the initial DTV Table in the 1997 Sixth Report and Order, the Commission 
concluded that it would apply geographic spacing standards in determining whether to permit the addition 
of DTV allotments in the Table.196 The Commission noted that geographic spacing provides a clear and 
simple measure of acceptability of an allotment proposal without the need to engage in extensive analysis 
of interference and has been used successfully in the television service for many years.197 The 
Commission recognized, however, that engineering criteria may allow more efficient use of the spectrum 
and stated it would revisit the allotment criteria at an appropriate point later in the DTV transition process.   
The Commission also determined in the Sixth Report and Order that a party applying for a modification 
of the DTV Table would need to show that its proposed modification would not result in any new 
predicted interference to other DTV allotments or existing NTSC stations, based on the engineering 
technical criteria used to develop the initial DTV Table.198 On reconsideration, the Commission replaced 
this no new interference standard with a de minimis standard pursuant to which stations may make 
changes in their operation where the requested change would not result in more than a 2.0 percent 
increase in interference to the population served by another TV or DTV broadcast station, and provided 
that the protected station is not, or will not be, receiving interference in excess of 10 percent of its 
population from all combined interfering stations.199 This de minimis standard for permissible new 
interference was adopted to provide flexibility for broadcasters in the implementation of DTV by 
allowing additional opportunities for stations to maximize their DTV coverage and/or service by 
increasing power and/or making other changes in their facilities.200
102. The Commission has also relied on other interference standards in the DTV context.  For 
example, applicants seeking facilities modifications of full-service NTSC stations are allowed to cause a 
0.5 percent margin above a prediction of no reduction in the population served by a DTV station to 
account for rounding and calculation tolerances.201 Applicants for analog TV translator and low power 
TV (LPTV) stations must propose facilities that do not exceed specified threshold D/U ratios at a DTV 
stations noise-limited contour or at all points within the noise-limited area in the case of adjacent channel 
  
196 See 47 C.F.R.  73.623(d), 73.623(c) and 73.622(e).  In particular, 47 C.F.R.  73.623(d) specifies the minimum 
geographic spacing requirements for DTV allotments not included in the initial DTV Table. 47 C.F.R.  73.623(c) 
sets forth the criteria for applications to modify assignments in the initial DTV Table, including the thresholds of 
desired-to-undesired (D/U) ratios at which interference is considered to occur.  47 C.F.R.  73.622(e) defines a DTV 
stations service area as the geographic area within the stations noise-limited F(50,90) contour where its signal is 
predicted to exceed the noise-limited service level.  The F(50,90) designator indicates that a specified field strength 
necessary for the provision of DTV service is expected to be available at 50 percent of the locations 90 percent of 
the time. Id.  A stations noise-limited contour is computed using its actual transmitter location, ERP, antenna 
HAAT, and antenna radiation pattern. 
197 The Commission considered but ultimately rejected an alternative approach whereby a party requesting an 
addition to, or modification of, the DTV Table would be required to show that a station operating at the maximum 
permissible ERP and antenna height on the proposed allotment would not exceed the engineering interference 
criteria with regard to any other existing allotment.  Sixth Report and Order, 12 FCC Rcd at 14688  211. 
198 See 47 C.F.R.  73.623(c).
199 47 C.F.R.  73.623(c)(2); DTV Sixth Memorandum Opinion and Order, 13 FCC Rcd at 7450  79.  Parties 
requesting such changes are required to submit an engineering showing that the change comports with the de 
minimis standard.
200 Id. at 7450-51  80. 
201 Public Notice, Additional Application Processing Guidelines for Digital Television (DTV), 1998 WL 458391 
at 8 (MB rel. Aug. 10, 1998) (DTV Application Processing Guidelines PN).
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stations proposing to locate inside the DTV noise-limited contour.202 In addition, in the channel election 
process that led to the proposed new DTV Table for post-transition operation, an interference conflict was 
determined to exist when it was predicted that more than 0.1 percent new interference would be caused to 
another station.203  
1. Proposed Interference Criteria
103. When evaluating applications to construct post-transition facilities, we propose to use an 
interference protection requirement based on engineering criteria (e.g., permissible interference) rather 
than a geographic spacing requirement.204 We believe this will allow for a more flexible design of 
proposed stations while offering a high level of protection to existing authorized service.  By their nature, 
geographic spacing requirements do not take into account intervening terrain features (or the lack of such 
features).  Stations separated by the same distance may create significant mutual interference in areas of 
flat terrain while no interference is predicted in circumstances where intervening terrain limits the signals 
from either or both stations.  Where authorized DTV stations wish to change their assigned DTV channel 
through a rulemaking petition, we also believe applying the proposed engineering criteria is appropriate.  
On the other hand, we continue to believe that geographic spacing requirements represent a preferred 
approach for evaluating a petition for rulemaking requesting a new DTV allotment.  In such new 
allotment cases, information about actual transmitter site locations and facilities are generally not 
available.  We propose to apply an engineering criteria approach in all cases involving applications and to 
use geographic spacing requirements only for rulemaking petitions seeking new DTV channel allotments.  
We seek comment on these proposals and tentative conclusions, as well as on alternative methods of 
providing interference protection.
104. Our proposed engineering criteria to evaluate all post-transition applications would limit 
the predicted interference that a station may cause to 0.5 percent of the protected stations service 
population.  This proposed 0.5 percent interference standard is stricter than the 2 percent/10 percent 
criteria that has applied since early in the DTV transition.  The 2 percent/10 percent rules were established 
in order to accomplish the difficult task of accommodating every existing TV station with a second 
channel for DTV operation within the spectrum already allocated for TV broadcasting and heavily used in 
some areas.  As indicated above, the Commission initially adopted a stricter no interference standard, 
but on reconsideration recognized that stations would need flexibility as they attempted to implement 
their second channels in this congested spectrum environment.  The flexibility provided under the 2
percent/10 percent standard allowed many stations to propose increased coverage, helping to provide 
DTV signals to more viewers early in the transition.  
105. In addition, we note that our 0.5 percent proposal is not as strict as the 0.1 percent new 
interference criterion that was employed for determining interference conflicts in the channel election 
  
202 Similarly, a licensee requesting DTV facilities modifications that would expand its stations service area in any 
direction must meet D/U protection requirements at the protected contour of Class A TV stations authorized on the 
same or first adjacent channel. In all cases in which the interference standard is based on signal contour protection, 
applicants are permitted to base requests to waive the standard on the DTV protection standards and methodology in 
47 C.F.R.  73.623(c) and OET Bulletin No. 69. 
203 Second DTV Periodic Report and Order, 19 FCC Rcd at 18294  37-38.  New interference was considered to 
constitute a conflict when the new interference affected more than 0.1 percent of the population predicted to be 
served by the station in the absence of that new interference.  Id. at 18302-03  56.  In the Second DTV Periodic 
Report and Order, the Commission permitted the 0.1 percent additional interference limit to be exceeded on a 
limited basis in order to afford stations with an out-of-core DTV channel to elect to operate its post-transition station 
on its in-core analog channel.  Id.  See also Seventh FNPRM, 21 FCC Rcd at 12107-08  22. 
204 See proposed rule 47 C.F.R.  73.616 in Appendix A.
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process.  
106. Our proposed requirement that interference from a DTV application for post-transition 
use not exceed 0.5 percent is the same requirement as we have used during the transition for analog TV 
stations protecting DTV stations.205 It can be viewed as a no new interference criteria when the amount 
of predicted interference is rounded to the nearest whole percent (i.e., any determination of less than 0.5 
percent interference would be considered to be 0 percent, while an interference determination greater than 
0.5 percent would round up to 1.0 percent.)  This level of rounding is more reflective of the accuracy of 
the interference prediction model than the 0.1 percent criterion.206
107. Because our proposed 0.5 percent interference limit is significantly less than the 2 percent 
limit that we now use, we do not believe it is necessary to continue to impose the 10 percent cap on total 
interference from all sources.207 The new DTV Table has fewer stations than the initial Table that exceed 
the 10 percent limit and many of those stations elected their proposed channel knowing that the amount of 
interference would exceed that amount.  In lieu of the 10 percent component of the current standard, we 
propose 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 will not be allowed to 
increase the interference they are authorized to cause.208
108. We seek comment on our proposals to limit permissible interference to 0.5 percent and to 
not allow any increase in situations where the amount of interference currently caused exceeds 0.5 
percent, as well as on any other methods to limit total interference.  Does 0.5 percent reflect the right 
balance between protecting established DTV service and affording adequate flexibility to stations seeking 
to establish post-transition operations?  Would another amount be more appropriate?
109. We propose to evaluate compliance with the 0.5 percent standard using the Office of 
Engineering and Technologys OET Bulletin No. 69 (OET 69) methodology,209 but using 2000 census 
data as was done during the channel election process.210 We seek comment on whether other changes to 
the OET 69 methodology are necessary here.  For example, the standard OET 69 analysis evaluates 
cells within a stations coverage area which are squares 2 kilometers on a side.  We have generally 
allowed applicants to specify analysis based on cells that are smaller because such analysis is arguably 
  
205 See DTV Application Processing Guidelines PN, supra note 201.
206 The 0.5 percent allowable predicted interference level is also used for Class A TV stations protecting DTV 
stations pursuant to 47 C.F.R.  73.6013 and for determination of LPTV and TV translator protection of full service 
DTV. 
207 In the initial DTV Table, the Commission necessarily exceeded the 10 percent limit with respect to a significant 
number of stations.  DTV Sixth Memorandum Opinion and Order, 13 FCC Rcd at 7450-51  80.  In contrast to the 
initial Table, the new Table will not be as congested because stations will be returning one of their paired channels.
208 For example, an application would not be granted for a station that is authorized to cause 1.8 percent predicted 
interference if the facilities proposed in the application are predicted to raise the amount of interference caused to 
1.9 percent.  
209 See OET Bulletin No. 69, Longley-Rice Methodology for Evaluating TV Coverage and Interference, (Feb. 6, 
2004) (OET Bulletin No. 69), available at 
www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf.  See also Public Notice, 
Office of Engineering and Technology Releases Update of OET Bulletin No. 69, 19 FCC Rcd 2208 (2004).
210 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18294  38.  The more up-to-date population data 
from the year 2000 census was used to provide a more accurate indication of the station service and impacts of 
interference on that service than the older year 1990 population data used in computing the service data for the 
initial DTV Table.  Id.
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more accurate.  As a result, we understand that some applications have been based on evaluating many 
possible smaller cell sizes until the desired result is obtained.211 Such shopping for advantageous cell 
sizes does not improve the accuracy of the evaluation.  Should standards for allowable smaller cell sizes 
be established (for example only allowing 1.0 km or 0.5 km cell sizes to be requested)?
110. We also note that, in other proceedings, we have received comments that it may be useful 
to adopt variable D/U ratios for adjacent channel interference depending upon the received signal levels 
predicted for the desired signals because the D/U interference ratios employed for upper and lower first-
adjacent channels are based on test results for weak desired signal strengths and may produce inaccurate 
predictions where the interfering station is located in an area that receives a strong desired signal 
strength.212 Thus, we seek comment on whether a change should be adopted to reflect this concern in 
situations where adjacent-channel transmitters are proposed to be located inside a desired stations noise-
limited service contour.213
111. For new DTV allotments, we propose to continue to use the DTV-to-DTV geographic 
separation requirements contained in Section 73.623(d) of the rules.214 We note that these distances were 
developed to be analogous to the long-standing analog TV geographic spacing rules.  We intend that our 
consideration of petitions for rule making requesting new DTV allotments will be consistent with the 
process we have used for analog TV allotments in that short-spacing waivers will not be allowed.  
However, as with analog spacing distances, the DTV spacing distances allow regular occasions of 
predicted interference to occur.  After a new DTV allotment has been approved, we propose to regulate 
the extent of this interference by requiring applications for these DTV allotments to comply with the same 
engineering criteria standards we are proposing for all other DTV applications.  This method of allowing 
flexibility for applicants seeking a new DTV allotment while protecting existing DTV stations service is 
consistent with our analog TV application practice of considering applications that require a waiver of the 
geographic spacing requirements.215 We seek comment on this proposal, as well as on alternative 
methods for evaluating requests for new DTV allotments. 
112. Going forward, we propose to protect each stations new DTV Table Appendix B 
facilities coverage only until it 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 recognize, however, that we are 
proposing to require that stations initially apply for facilities that do not expand their certified coverage 
and some stations would need to specify facilities that create a predicted service contour that is smaller in 
some directions than their certified coverage contour in order to comply with that proposal.  When the 
filing freeze is lifted, we expect many such stations will file maximization applications.  To avoid 
  
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.  
212 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).
213 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).
214 47 C.F.R.  73.623(d).
215 See Amendment of Section 73.606(b), Table of Allotments, TV Broadcast Stations (Pueblo, Colorado), MM 
Docket No. 93-191, Report and Order, 10 FCC Rcd 7662, 7666-67 (MMB 1995), app. for rev. denied, 
Memorandum Opinion and Order, 11 FCC Rcd 19649 (1996), aff'd on remand, Memorandum Opinion and Order on 
Remand, FCC 99-162, 1999 WL 459314 (rel. Jul. 7, 1999) at  22-25 (explaining that the Commission has long 
applied stricter standards to short-spaced allotments than to short-spaced application waivers).  Id. at  23.
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penalizing stations in such a situation, we propose to temporarily continue to require that other stations 
maximization applications protect the new DTV Table Appendix B facilities of stations, even though 
most stations should have a CP or license at that time.  At an appropriate time, the Media Bureau would 
announce the change to limit the required protection to CPs and licenses for stations that have such 
authorizations.  We seek comment on this proposal.
2. Pre-Transitional Operations 
113. We continue to process applications for analog and DTV new stations, and changes to 
existing or authorized stations that comply with the freeze. With respect to these applications for pre-
transition operation, we intend to continue using the current interference protection rules.216 We seek 
comment on this conclusion.  In particular, the current requirements provide that an application for a new 
or modified analog TV station must not cause more than 0.5 percent interference to any authorized DTV 
station or allotment. Such an analog TV application must protect other analog TV stations by meeting the 
distance spacing requirements.217 An application for a new or modified DTV station must not cause more 
than 2.0 percent interference to any authorized analog TV station, DTV station or DTV allotment.  Such 
DTV applications also must not cause the total cumulative interference received by any protected station 
to exceed 10.0 percent.218 Calculations of predicted interference percentages will continue to be based on 
the standard OET 69 methodology, including use of 1990 Census data.219 The current database of 
authorized or applied for stations would also continue to be used.
G. Other Issues 
1. DTV Transmission Standard (ATSC A/53)
114. In the Second DTV Periodic Report and Order, the Commission revised its DTV 
transmission standard, contained in Section 73.682(d) of the rules,220 to specify the use of the August 7, 
  
216 See 47 C.F.R.  73.623.
217 Analog TV applications also must protect Class A TV stations, as provided in 47 C.F.R.  73.613, and stations in 
the land mobile radio service, pursuant to the requirements established in Amendment of Parts 2, 89, 91, and 93; 
Geographic Reallocation of UHF-TV Channels 14 Through 20 to the Land Mobile Radio Services For Use Within 
the 25 Largest Urbanized Areas of the United States; Petition Filed by the Telecommunications Committee of the 
National Association of Manufacturers to Permit Use of TV Channels 14 and 15 by Land Mobile Stations in the Los 
Angeles Area, Docket No. 18261, First Report and Order, 23 FCC 2d 325 (1970).
218 DTV applications also must protect Class A TV stations as provided in 47 C.F.R.  73.623(c)(5) and stations in 
the land mobile radio service pursuant to 47 C.F.R.  73.623(e).
219 Although new population data is available, we believe it is appropriate to continue to use the 1990 census data 
for the predicting the populations to be served by the remaining analog and new digital television stations to be 
processed during the transition and the interference those stations would cause to other stations.  The predictions of 
population served and interference received used in developing initial DTV transition assignments in 1998 were 
based on the 1990 census and that population base has been relied on subsequently in processing of applications for 
analog and DTV modifications and new stations.  Our continued use of the 1990 census data for processing the few 
remaining transition applications will provide for treatment of these applications on the same basis as other stations 
during the transition.  We also do not believe that the differences in population patterns between the 1990 and 2000 
census are of sufficient significance for TV service purposes in the short remaining time of the transition as to 
warrant recomputation of the service and interference predictions for all analog and DTV stations operating during 
the transition.
220 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 
(continued.)
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2001 Advanced Television Systems Committee (ATSC) DTV transmission standard A/53 Revision B 
with Amendment 1 and Amendment 2 (A/53-B).221 The Commission also stated that it would 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 the Commissions 
rules.  We propose to update Section 73.682(d) to reflect revisions to the ATSC DTV transmission 
standard A/53-B since the Second DTV Periodic Report and Order.  We seek comment on this proposal.
115. Since Section 73.682(d) was revised in the Second DTV Periodic Report and Order, 
ATSC has continued to update the ATSC DTV transmission standard; the current version is A/53 
Revision E, with Amendments No. 1 and 2 (A/53-E).222 A/53-E differs from A/53-B in several 
respects.  First, A/53-E offers several improvements over A/53-B, including the specifications for 
Enhanced 8-VSB (E8-VSB) for terrestrial broadcast.223 E8-VSB enables Enhanced Services, which 
allow broadcasters to allocate the base 19.39 Mbps data rate between Main Service data and Enhanced 
Services data.224 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.225 A/53-E further describes the coding 
constraints that apply to the use of the MPEG-2 systems specification226 in the DTV system, including 
mandatory main and optional enhanced services.227 It also improves the Active Format Description 
(AFD) specifications by revising and clarifying the relevant standards.228 In light of these advantages, 
we believe that updating the Commissions rules to specify A/53-E will benefit both broadcasters and 
consumers by allowing broadcasters the flexibility to offer new technological services.  We seek 
comment on this tentative conclusion.
116. In the Second DTV Periodic Report and Order, the Commission declined to mandate that 
broadcasters use the AFD when the active video portion picture does not completely fill the coded 
picture.  The Commission stated that the revisions in the new standard were developed through careful 
consideration and deliberation within the technical committees of ATSC and thus reflected a consensus 
(Continued from previous page)    
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).
221 Second DTV Periodic Report and Order, 19 FCC Rcd at 18341-42  145. 
222 A/53 Revision E (with Amendments No. 1 and 2) is available at  http://www.atsc.org/standards/a_53e-with-
Amend-1-and-2.pdf.
223 Id. at 55 (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 rate 
options are defined, and the payload assignment between the Enhanced 8-VSB and the Main Mode data is selectable 
at discretely defined values.).
224 Id. at 67.
225 Id. at 56.
226 ISO/IEC IS 13818-1-2000 (E), International Standard, Information technology  Generic coding of moving 
pictures and associated audio information system.
227 A/53 Revision E at 107.
228 A/53 Revision E at 127.
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agreement based on the input of parties from various segments of the industry.229 As a result, 
broadcasters were given the option to use AFD, but if a station included AFD data it had to follow the 
ATSC standard. The Commission noted, however, that as more consumers acquired widescreen aspect 
ratio sets, the problem of postage stamp video230 would become more prevalent if not addressed by 
broadcasters.  At the time, the Commission believed that broadcasters would want to make their 
programming attractive to viewers as they begin to adopt DTV.  A coordinated effort on clarifying AFD 
and bar data standards between ATSC, CEA and the Society of Motion Picture and Television Engineers 
(SMPTE) resulted in a CEA recommended practice (CEA-CEB16) titled Active Format Description 
(AFD) & Bar Data Recommended Practice, and a proposed SMPTE 2016-1 standard for television 
Format for Active Format Description and Bar Data.231 These efforts were designed to encourage the use
of AFD by broadcasters.  We thus seek comment on whether these voluntary, industry driven efforts are 
sufficient, or if, instead, we should require broadcasters to provide AFD and bar data.  If we do impose 
such a requirement, should broadcasters be required to provide AFD data for all programming broadcast, 
regardless of its source?  Should such a requirement extend to live programming (e.g., sports and other 
events where a combination of SD and HD equipment may be used)?  Assuming that we did require the
inclusion of AFD, what effect would the imposition of such a requirement have on small broadcasters?  
We seek comment on these issues.
2. Program System and Information Protocol (PSIP) Standard 
117. In the Second DTV Periodic Report and Order, the Commission revised Section 
73.682(d) to require the use of the ATSC Program System and Information Protocol (PSIP) standard 
A/65-B.232 PSIP data is transmitted along with a stations DTV signal and provides DTV receivers with 
information about the station and what is being broadcast.233 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 
  
229 Second DTV Periodic Report and Order, 19 FCC Rcd at 18341-42  145. 
230 See, e.g., TVTechnology.com discussion of DTV Aspect Ratio Signaling (dated Oct. 3, 2001) available at 
http://www.tvtechnology.com/features/Tech-Corner/f-rh-aspect-ratio.shtml (And up-converted commercials and 
other non-program material are often integrated into HDTV programs.  This typically produces a pillar boxed image 
in a 16:9 field that, in turn, is letterboxed onto a 4:3 display.  The result: black bars all around the image with the 
viewers seeing a postage-stamp-sized picture afloat in a sea of black.).
231 A/53 Revision E at 127 (referencing CEA: Active Format Description (AFD) & Bar Data Recommended 
Practice, Doc. CEA-CEB16, Consumer Electronics Association, Arlington, VA, 31 July 2006; and SMPTE: 
Proposed SMPTE 2016-1 [in development]: Standard for Television  Format for Active Format Description and 
Bar Data, Society of Motion Picture and Television Engineers, White Plains, NY). 
232 Second DTV Periodic Report and Order, 19 FCC Rcd at 18345-46  152. 
233 See ATSC website 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.).
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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.  The Commission has recognized the 
utility that the ATSC PSIP standard offers for both broadcasters and consumers.234
118. Since Section 73.682(d) was revised in the Second DTV Periodic Report and Order, 
ATSC has updated the ATSC PSIP standard; the current version is A/65-C.  This new revision further 
enhances the PSIP standard and support for delivery of data.  The updated ATSC PSIP standard now 
requires broadcasters to populate the Event Information Tables (EITs) with accurate information about 
each event and to update the EIT if more accurate information becomes available.  Currently, under 
version A/65-B, 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.  We propose to update Section 73.682(d) to reflect these revisions to the ATSC PSIP standard 
since the Second DTV Periodic Report and Order.  We seek comment on this proposal.  In particular, we 
request input regarding the burden that compliance with A/65-C would place on broadcasters  especially 
small broadcasters.  
119. We also seek comment from broadcasters and others as to the need to include more 
accurate, detailed, and up-to-date information about each event under this new PSIP standard.  We also 
seek comment about whether PSIP information is being passed through to cable and satellite 
subscribers.235 If satellite carriers are not passing through PSIP information, is the information otherwise 
being reflected adequately in the electronic program guide and signal they provide to subscribers?
3. Fees for Ancillary and Supplementary Services
120. In this section, we seek 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 to 
pay a fee of five percent of gross revenues derived from certain of those services.  As currently written, 
this rule refers to the payment of such fees by DTV licensees.  We seek comment on whether the 
Commission can and should revise its rules to require that all DTV broadcasters, including permittees 
operating pursuant to an STA or any other FCC instrument authorizing DTV transmissions, that earn 
revenue from feeable ancillary and supplementary services, are subject to the provisions of Section 
73.624(g).236
4. Station Identification
121. In 2004, the Commission established rules generally requiring DTV stations to follow the 
same rules for station identification as analog stations.237 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 stations call letters followed 
by the community or communities specified in the stations license as the stations location.  Stations may 
insert between the call letters and the stations community of license the stations frequency, channel 
number, name of the licensee, and/or the name of the network, at their discretion.  
  
234 Second DTV Periodic Report and Order, 19 FCC Rcd at 18343-44  149. 
235 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). 
236 47 C.F.R.  73.624(g).
237 See Second DTV Periodic Report and Order, 19 FCC Rcd  at18353-18355  169-173.  See also 47 C.F.R.  
73.1201.
Federal Communications Commission FCC 07-70
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122. A station choosing to include its channel number in its station identification must use the 
major (analog) channel number.238 The Commission adopted the ATSC A/65B standard and noted that 
PSIP, which is part of that standard, allows viewers to see a broadcasters major channel number 
regardless of the broadcasters allocated digital broadcast channel.239 The Commission permitted stations 
choosing to multicast to include additional information in their station announcements identifying each 
program stream.240 The Commissions rules require that the station that is transmitting the multicast 
stream is the station whose identification must appear on the program stream.241
123. Now that stations have some experience in applying these station identification rules to 
digital stations, we invite comment on whether these rules provide sufficient clarity to broadcasters and 
viewers.  We specifically invite 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.  As the Commission has previously noted, 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.242 We invite comment on any 
and all aspects of the Commissions station identification rules, whether any changes to or clarifications 
of the rules are appropriate, and, if particular problems implementing the rules have arisen, specific 
proposals for how the rules should be changed.  
5. Coordination with Cable Operators, Satellite Systems and Other MVPD 
Providers 
124. We recognize that the transition to digital television necessarily involves coordination 
with Multichannel Video Programming Distributors (MVPDs).243 Because a majority of television 
viewers receive their broadcast signals via an MVPD,244 if these providers have problems receiving and 
  
238 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.
239 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.
240 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 CW 
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.
241 See id.  Thus, if station WXXX-DT is transmitting programming provided by WYYY-TV or WYYY-LP on one 
of WXXX-DTs multicast streams, the identification on that stream must be the frequency and location of WXXX-
DT.  Id.
242 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18354  171.
243 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). 
244 See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB 
Docket No. 05-255, Twelfth Annual Report, 21 FCC Rcd 2503 (2006) (2005 Competition Report).  As of June 
(continued.)
Federal Communications Commission FCC 07-70
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retransmitting digital signals when analog signals are turned off, that could have a significant adverse 
impact on the digital transition.  We seek comment here on the issues specifically related to MVPD 
readiness to receive and retransmit digital signals to their subscribers when analog service ends on 
February 17, 2009.245 We also invite comment on what steps, if any, are necessary to allow consumers to 
continue to receive over-the-air television signals in a variety of settings outside their homes, such as 
hotels, restaurants, universities and offices.
125. In this regard, we solicit comment from cable operators, satellite carriers, and private 
cable operators (also known as Satellite Master Antenna Television or SMATV providers) regarding 
steps they are taking to ensure that their subscribers will continue to receive local broadcast stations after 
the termination of over-the-air analog broadcast signals from full power stations.  Moreover, we request 
comment on whether and what type of coordination is needed between broadcast television stations and 
MVPDs to facilitate a timely and smooth transition, whether this coordination is underway, and what 
actions the Commission could take to facilitate that coordination.  For example, will cable and satellite 
operators have technical difficulties receiving digital signals from local television stations on new 
channels (and in some cases from different transmission facilities)?  Are changes needed at cable and 
SMATV headends and satellite local receive facilities to receive these signals?  Have MVPDs 
experienced difficulties receiving and retransmitting local digital broadcast signals thus far?  Will 
MVPDs be able to handle all the various channel changes and other modifications that will be necessary, 
many of which will occur at midnight on February 17, 2009?  Do MVPDs need to test reception and 
retransmission capabilities in advance of the transition, and, if so, when, and how, in light of construction 
deadlines?  
VI. PROCEDURAL MATTERS
A. Initial Regulatory Flexibility Act Analysis
126. The Initial Regulatory Flexibility Analysis is attached to this Notice as Appendix C.
B. Initial Paperwork Reduction Act of 1995 Analysis
127. This Notice has been analyzed with respect to the Paperwork Reduction Act of 1995 
(PRA),246 and contains proposed new and modified information collection requirements, including the 
following proposals:  (1) Applications detailing stations plans for completing their transitions;247 (2) 
Applications to construct or modify post-transition facilities (using FCC Forms 301 and 340);248 (3) 
Requests to reduce analog TV service;249 (4) Requests to terminate analog TV service;250 (5) Requests to 
(Continued from previous page)    
2005, approximately 94.2 million TV households, or almost 86 percent of TV households, subscribe to an MVPD 
service.  Id. at 2506-07  8. 
245 General issues regarding mandatory carriage of digital broadcast signals are being addressed in other dockets.  
See MB Docket Nos. 98-120 and 00-96.
246 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.).
247 See supra section V.,  35.
248 See supra section V.D.  See also OMB Control Nos. 3060-0374 (47 C.F.R.  73.1690), 3060-0216 (47 C.F.R. 
73.3538), 3060-0027 (Form 301) and 3060-0029 (Form 340). 
249 See supra section V.A.  See also OMB Control Nos. 3060-0374 (47 C.F.R.  73.1690), 3060-0216 (47 C.F.R. 
73.3538), 3060-0027 (Form 301) and 3060-0029 (Form 340).
250 See also OMB Control Nos. 3060-0374 (47 C.F.R.  73.1690), 3060-0216 (47 C.F.R. 73.3538), 3060-0027 
(Form 301) and 3060-0029 (Form 340).  See also OMB Control No. 3060-0386 (47 C.F.R.  73.1635). 
Federal Communications Commission FCC 07-70
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flash cut;251 (6) Requests for STA to use analog translators to offset loss of analog service;252 (7) Requests 
for extension of time to construct (using FCC Form 337), or to toll the construction deadline for, DTV 
facilities;253 (8) Requests to transition early to their post-transition channel;254 (9) Requests for STA to 
temporarily remain on their in-core pre-transition DTV channel;255 (10) Requests for STA to build less 
than full, authorized post-transition facilities by the deadline;256 (11) Applications for a license to cover 
post-transition facilities (using FCC Form 302 DTV);257 and (12) 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.258 The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to 
comment on the proposed information collection requirements contained in this Notice, as required by the 
PRA. 
128. Written comments on the PRA proposed information collection requirements must be 
submitted by the public, the OMB, and other interested parties on or before 60 days from date of 
publication of this Notice in the Federal Register.  Comments should address: (a) whether the proposed 
collection of information is necessary for the proper performance of the functions of the Commission, 
including whether the information shall have practical utility; (b) the accuracy of the Commissions 
burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) 
ways to minimize the burden of the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information technology.  In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002,259 we seek specific comment on how we might further 
reduce the information collection burden for small business concerns with fewer than 25 employees. 
129. In addition to filing comments with the Office of the Secretary, a copy of any comments 
on the proposed information collection requirements contained herein should be submitted to Cathy 
Williams, Federal Communications Commission, 445 12th St, S.W., Room 1-C823, Washington, D.C., 
20554, or via the Internet to Cathy.Williams@fcc.gov; and also to Kristy L. LaLonde, OMB Desk 
Officer, Room 10234 NEOB, 725 17th Street, N.W., Washington, D.C. 20503, or via Internet to 
Kristy_L._LaLonde@omb.eop.gov, or via fax at 202-395-5167. 
  
251 See supra section V.B. and 47 C.F.R.  73.1690 and 73.1750.  See also OMB Control Nos. 3060-0374 (47 
C.F.R.  73.1690), 3060-0216 (47 C.F.R. 73.3538), 3060-0027 (Form 301) and 3060-0029 (Form 340).  
252 See supra section V.A.  See note 86.
253 See supra section V.C.4.  See also OMB Control Nos. 3060-1001 (Form 337) and 3060-0407 (47 C.F.R.  
73.3598).
254 See supra section V.C.5.  See also OMB Control Nos. 3060-0374 (47 C.F.R.  73.1690), 3060-0216 (47 C.F.R. 
73.3538), 3060-0027 (Form 301) and 3060-0029 (Form 340).
255 See supra section V.C.6.  See also OMB Control No. 3060-0386 (47 C.F.R.  73.1635).
256 See supra section V.C.6.  See also OMB Control No. 3060-0386 (47 C.F.R.  73.1635).
257 See supra section V.D.  See also OMB Control 3060-0029 and 3060-0837 (Form 302DTV).
258 See supra section V.G.2. 
259 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).
Federal Communications Commission FCC 07-70
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130. Further Information. For additional information concerning the PRA proposed 
information collection requirements contained in this Notice, contact Cathy Williams at 202-418-2918, or 
via the Internet to Cathy.Williams@fcc.gov. 
C. Ex Parte Rules 
131. Permit-But-Disclose. This proceeding will be treated as a permit-but-disclose 
proceeding subject to the permit-but-disclose requirements under section 1.1206(b) of the 
Commissions rules.260  Ex parte presentations are permissible if disclosed in accordance with 
Commission rules, except during the Sunshine Agenda period when presentations, ex parte or otherwise,
are generally prohibited.  Persons making oral ex parte presentations are reminded that a memorandum 
summarizing a presentation must contain a summary of the substance of the presentation and not merely a 
listing of the subjects discussed.  More than a one- or two-sentence description of the views and 
arguments presented is generally required.261 Additional rules pertaining to oral and written presentations 
are set forth in section 1.1206(b).
D. Filing Requirements
132. Comments and Replies.  Pursuant to Sections 1.415 and 1.419 of the Commissions 
rules,262 interested parties may file comments and reply comments on or before the dates indicated on the 
first page of this document.  Comments may be filed using:  (1) the Commissions Electronic Comment 
Filing System (ECFS), (2) the Federal Governments eRulemaking Portal, or (3) by filing paper 
copies.263  
133. Electronic Filers: Comments may be filed electronically using the Internet by accessing 
the ECFS:  http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal:  http://www.regulations.gov. 
Filers should follow the instructions provided on the website for submitting comments.  For ECFS filers, 
if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit 
one electronic copy of the comments for each docket or rulemaking number referenced in the caption.  In 
completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number.  Parties may also submit an electronic comment 
by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the 
following words in the body of the message, get form.  A sample form and directions will be sent in 
response.
134. Paper Filers: Parties who choose to file by paper must file an original and four copies of 
each filing.  If more than one docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or rulemaking number.  Filings can be 
sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail).  
All filings must be addressed to the Commissions Secretary, Office of the Secretary, Federal 
Communications Commission.
 The Commissions contractor will receive hand-delivered or messenger-delivered paper 
filings for the Commissions Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
  
260 See 47 C.F.R.  1.1206(b); see also 47 C.F.R.  1.1202, 1.1203.
261 See id.  1.1206(b)(2).
262 See id.  1.415, 1419.
263 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 
FCC Rcd 11322 (1998). 
Federal Communications Commission FCC 07-70
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Washington, DC  20002.  The filing hours at this location are 8:00 a.m. to 7:00 p.m.  All 
hand deliveries must be held together with rubber bands or fasteners.  Any envelopes 
must be disposed of before entering the building.
 Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority 
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD  20743.
 U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th 
Street, SW, Washington DC  20554.
135. Availability of Documents.  Comments, reply comments, and ex parte submissions will 
be available for public inspection during regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street, S.W., CY-A257, Washington, D.C., 20554.  These 
documents will also be available via ECFS.  Documents will be available electronically in ASCII, Word 
97, and/or Adobe Acrobat. 
136. Accessibility Information.  To request information in accessible formats (computer 
diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the FCCs 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).  This 
document can also be downloaded in Word and Portable Document Format (PDF) at: http://www.fcc.gov. 
137. Additional Information.  For additional information on this proceeding, contact Evan 
Baranoff, Evan.Baranoff@fcc.gov, or Eloise Gore, Eloise.Gore@fcc.gov, of the Media Bureau, Policy 
Division, (202) 418-2120; Gordon Godfrey, Gordon.Godfrey@fcc.gov, of the Media Bureau, Engineering 
Division, (202) 418-7000;Nazifa Sawez, Nazifa.Sawez@fcc.gov, of the Media Bureau, Video Division, 
(202) 418-1600; or Alan Stillwell, Alan.Stillwell@fcc.gov, of the Office of Engineering and Technology, 
(202) 418-2470.
Federal Communications Commission FCC 07-70
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VII. ORDERING CLAUSES
138. Accordingly, IT IS ORDERED that pursuant to 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 that 
NOTICE IS HEREBY GIVEN of the proposals and tentative conclusions described in this Notice of 
Proposed Rulemaking, including the proposed amendments to Part 73 of the Commissions rules, as set 
forth in Appendix A.
139. IT IS FURTHER ORDERED that the Reference Information Center, Consumer 
Information Bureau, shall send a copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Federal Communications Commission FCC 07-70
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APPENDIX A
PROPOSED RULE CHANGES
1.  Add a new  73.616 to read as follows:
Section 73.616  Post-transition DTV station interference protection.
(a) 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 section 73.623(d)(2) 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 (d) of this section; the 
land mobile protection requirements of section 73.623(e); and the FM radio protection requirement 
of 73.623(f). 
(1) 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.
(b) An application for a new post-transition DTV broadcast station or for changes in an 
authorized post-transition DTV station will not be accepted for filing unless it protects all land 
mobile operation on channels 14-20 in accordance with section 73.623(e) and all other post-
transition DTV stations from interference in excess of the limits established in this section.  An 
application must not cause interference to more than: the greater of either 0.5 percent the 
population served by the other station or the amount of interference already predicted to be caused 
by the applicants authorized facilities.  
(1) 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.
(2) For evaluating compliance with this requirement, 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, 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. Copies 
of OET Bulletin No. 69 may be inspected during normal business hours at the: Federal 
Communications Commission, Room CY-C203, 445 12th Street, SW., Reference Information 
Center, Washington, DC 20554. These documents are also available through the Internet on the 
FCC Home Page at http://www.fcc.gov. 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)]
Federal Communications Commission FCC 07-70
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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.
(c) 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)).
(d) 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 (b)(2) of this 
section.
(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.
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.
2.  Amend  73.623 by adding a note before paragraph (a) to read as follows:
Section 73.623  DTV applications and changes to DTV allotments
NOTE:  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.
(a) * * * 
3.  Amend  73.624 by adding paragraph (d)(1)(v) and revising paragraph (d)(3) to read as follows:
Section 73.624 Digital television broadcast stations
Federal Communications Commission FCC 07-70
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* * * * * 
(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) February 17, 2009 is the deadline for the 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.  For purposes of this 
construction deadline, the post-transition facilities to be constructed are those 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).
* * * * * 
(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) Such circumstances shall may include, 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) 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.
(iv) 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.
* * * * * 
4.  Amend  73.682(d) to read as follows:
Section 73.682 TV transmission standards
Federal Communications Commission FCC 07-70
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* * * * * 
(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 Doc. A/53B, Revision E B with 
Amendment 1 and Amendment 2: "ATSC Digital Television Standard," (September 13, 2006) except for 
Section 5.1.2 ("Compression format constraints") of Annex A ("Video Systems Characteristics") and the 
phrase "see Table A3" in Section 5.1.1. Table A2 and Section 5.1.3 2 Table A4 (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 1) May 9, 2006 2003 (incorporated 
by reference, see  73.8000). Although not incorporated by reference, licensees may also consult ATSC 
Doc. A/54, Recommended Practice, Guide to Use of the ATSC Digital Television Standard, including 
Corrigendum No. 1 (December 4, 2003, Corrigendum No. 1 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)).
5.  Amend  73.8000(b)(2) and (3) to read as follows:
Section 73.8000  Incorporation by reference.
* * * * * 
(b) * * *
(1) * * *
(2) ATSC A/53B: ATSC Digital Television Standard, dated August 7, 2001, Revision E B, with 
Amendment 1 dated April 18 May 23, 20062 and Amendment 2 dated September 13May 19, 20063, 
IBR approved for  73.682, except for section 5.1.2 of Annex A, and the phrase "see Table A-3" in 
section 5.1.1. TableA2 and section 5.1.3 2 Table A4.
(3) ATSC A/65C B: ATSC Program and System Information Protocol for Terrestrial Broadcast and 
Cable, (Revision C B) January 2 March 18, 200 6 3, with Amendment 1 dated May 9, 2006, and IBR 
approved for  73.682, IBR approved for  73.9000-73.9001.
* * * * * 
Federal Communications Commission FCC 07-70
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APPENDIX B
PROPOSED CHANGES TO FCC FORMS
The Federal Communications Commission proposes to revise 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 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 
Federal Communications Commission FCC 07-70
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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. 
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 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.  .
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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 proposes to revise 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]:
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.
Federal Communications Commission FCC 07-70
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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.
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) 
Federal Communications Commission FCC 07-70
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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.
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.
Federal Communications Commission FCC 07-70
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The Federal Communications Commission proposes to revise FCC Form 337 as set forth below:
15. 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) 
16. 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 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 
Federal Communications Commission FCC 07-70
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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.
17. Form and Instructions are revised to make non-substantive changes necessary to update the form.
The Federal Communications Commission proposes to create a new FCC Form  FCC Form 387: DTV 
Transition Status Report  as set forth below:
18. The new Form will contain the following data elements [bold used]: 
NOTE:  This Form must be filed by all full-power broadcast television stations (licensees 
and permittees) on or before December 1, 2007.  Consistent with Section 1.65 of the rules, 47 
C.F.R.  1.65(a), each Licensee/Permittee is responsible for the continuing accuracy and 
completeness of the information furnished in this Form.  Whenever the information 
furnished in this Form is no longer substantially accurate and complete in all significant 
respects, the Licensee/Permittee shall as promptly as possible and in any event within 30 
days, unless good cause is shown, amend or request the amendment of this Form so as to 
furnish such additional or corrected information as may be appropriate.  For example, a 
significant change would include a change in a Licensee/Permittees transition plans or 
status.
SECTION I  GENERAL INFORMATION
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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.
(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. 
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(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. 
(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. 
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(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.
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.
19. The Instructions to the new Form will explain the data elements noted above. 
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APPENDIX C
INITIAL REGULATORY FLEXIBILITY ACT ANALYSIS
1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA)1 the Commission 
has prepared this present Initial Regulatory Flexibility Analysis (IRFA) concerning the possible 
significant economic impact on small entities by the policies and rules proposed in this Notice of 
Proposed Rulemaking (Notice).  Written public comments are requested on this IRFA.  Comments must 
be identified as responses to the IRFA and must be filed by the deadlines for comments indicated on the 
first page of the Notice.  The Commission will send a copy of the Notice, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA).2 In addition, the Notice and 
IRFA (or summaries thereof) will be published in the Federal Register.3
A. Need for and Objectives of the Proposed Rules
2. This Notice begins the Commissions third periodic review of the transition of the 
nations broadcast television system from analog to digital television (DTV).  The Commission 
conducts 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.  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. The purpose of this Notice, generally, is to (1) provide a progress report on the DTV 
transition; (2) describe the status and readiness of existing stations to complete the transition; (3) consider 
and propose the procedures and rule changes necessary to complete the transition; and (4) address other 
issues related to the transition.  In particular, the Notice proposes (1) rules for applying to construct final, 
DTV facilities and (2) construction deadlines for the completion of final, DTV facilities.
4. The primary objectives of this Notice is to ensure that, by the February 17, 2009 
transition date, all full-power television broadcast stations (1) cease analog broadcasting and (2) have 
completed construction and begun operating their final, DTV facilities.  In addition, the Notice considers 
proposals to provide broadcasters with the regulatory flexibility necessary to meet these goals.4
B. Legal Basis
5. The authority for the action proposed in this rulemaking is 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.
  
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).  The SBREFA 
was enacted as Title II of the Contract With America Advancement Act of 1996 (CWAAA). 
2 See 5 U.S.C.  603(a).
3 See id.  603(a).
4 See discussion in Section D. of this IRFA.
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C. Description and Estimate of the Number of Small Entities to Which the Proposed 
Rules Will Apply
6. 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 proposed rules, if adopted.5 The RFA 
generally defines the term small entity as having the same meaning as the terms small business, small 
organization, and small government jurisdiction.6 In addition, the term small business has the same 
meaning as the term small business concern under the Small Business Act.7 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.8  
7. We believe that full-power television broadcast stations will be directly and primarily 
affected by the proposed rules, if adopted.  Although the proposed rules will not apply to Class A TV 
stations, low power television (LPTV) stations, and TV translator stations, it is still possible that these 
entities may be affected by the proposed rules.  For example, the proposed rules, if adopted, would permit 
applications for analog translators to be filed under specific circumstances and in that way may affect TV 
translator stations.  Otherwise, we do not believe any other types of entities will be directly affected by 
the proposed rules; however, request comment on this tentative conclusion.  A description of the small 
entities that may be directly affected, as well as an estimate of the number of such small entities, is 
provided below.
1. Entities Directly Affected By Proposed Rules
8. Television Broadcasting. The proposed rules and policies 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 $13.5 million in annual receipts.9 Business concerns 
included in this industry are those primarily engaged in broadcasting images together with sound.10  
The Commission has estimated the number of licensed commercial television stations to be 1,376.11  
  
5 Id.  603(b)(3).
6 5 U.S.C.  601(6).
7 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).
8 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.
9 See 13 C.F.R.  121.201, NAICS Code 515120. 
10 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.
11 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/. 
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According to Commission staff review of the BIA Financial Network, MAPro Television Database 
(BIA) on March 30, 2007, about 986 of an estimated 1,374 commercial television stations12 (or about 
72 percent) have revenues of $13.5 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 380.13  
We note, however, that, in assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations14 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.
9. 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.
10. Class A TV, LPTV, and TV translator stations. The proposed rules and policies 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 $13.5 million in annual receipts.15
Currently, there are approximately 567 licensed Class A stations, 2,227 licensed LPTV stations, and 
4,518 licensed TV translators.16  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 $13.5 million and thus may be 
categorized as small, except to the extent that revenues of affiliated non-translator or booster entities 
should be considered. 
2. Entities That May Be Indirectly Affected By Proposed Rules
11. Because the rules proposed in this Notice pertain to the transition from analog to digital 
broadcasting of full-power television broadcast stations, we do not believe the rules proposed will directly 
affect any other entities.  We seek comment on this tentative conclusion.  Certain entities may believe 
they would be affected by the proposed rules.  For example, the proposed rules may, in the opinion of 
  
12 We recognize that this total differs slightly from that contained in Broadcast Station Totals, supra IRFA note 11; 
however, we are using BIAs estimate for purposes of this revenue comparison.  
13 See Broadcast Station Totals, supra IRFA note 11.
14 [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).
15 See 13 C.F.R.  121.201, NAICS Code 515120. 
16 See Broadcast Station Totals, supra IRFA note 11. 
Federal Communications Commission FCC 07-70
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cable operators, satellite carriers other multichannel video programming distributors (MVPDs), 
indirectly affect these entities.  In addition, the proposed rules may indirectly affect electronics equipment 
manufacturers.  Although such comment is not required by the RFA17, we invite comment from any small 
cable operators, small satellite carriers or other small MVPDs, as well as from small equipment 
manufacturers, who believe they might be directly affected by our proposed rules contained in the Notice. 
12. Cable and Other Program Distribution. Cable system operators fall within the SBA-
recognized definition of Cable and Other Program Distribution, which includes all such companies 
generating $13.5 million or less in revenue annually.18 According to the Census Bureau data for 1997, 
there were a total of 1,311 firms that operated for the entire year in the category of Cable and Other 
Program Distribution.  Of this total, 1,180 firms had annual receipts of under $10 million and an 
additional 52 firms had receipts of $10 million or more, but less than $25 million.19 In addition, limited 
preliminary census data for 2002 indicates that the total number of Cable and Other Program Distribution 
entities increased approximately 46 percent between 1997 and 2002.20 The Commission estimates that 
the majority of providers in this category of Cable and Other Program Distribution are small businesses.
13. Cable System Operators (Rate Regulation Standard).  The Commission has developed, 
with SBAs approval, its own definition of a small cable system operator for the purposes of rate 
regulation.  Under the Commissions rules, a small cable company is one serving 400,000 or fewer 
subscribers nationwide.21 We last estimated that there were 1,439 cable operators that qualified as small 
cable companies at the end of 1995.22 Since then, some of those companies may have grown to serve 
more than 400,000 subscribers, and others may have been involved in transactions that caused them to be 
combined with other cable operators.  Consequently, we estimate that there are fewer than 1,439 small 
entity cable system operators.
14. Cable System Operators (Telecom Act Standard).  The Communications Act also 
contains a size standard for a small cable operator, which is a cable operator that, directly or through 
an affiliate, serves in the aggregate fewer than one percent of all subscribers in the United States and is 
  
17 5 U.S.C.  603(a).
18 13 C.F.R.  121.201, NAICS code 517510.
19 U.S. Census Bureau, 1997.  Economics and Statistics Administration, Bureau of Census, U.S. Department of 
Commerce, 1997 Economic Census, Subject Series  Establishment and Firm Size, Information Sector 51, Table 4 
at 50 (2000).  The amount of $10 million was used to estimate the number of small business firms because the 
relevant Census categories stopped at $9,999,999 and began at $10,000,000.  No category for $12.5 million existed.  
Thus, the number is as accurate as it is possible to calculate with the available information. 
20 See U.S. Census Bureau, 2002 Economic Census, Industry Series:  Information, Table 2, Comparative Statistics 
for the United States (1997 NAICS Basis):  2002 and 1997, NAICS code 513220 (issued Nov. 2004).  The 
preliminary data indicate that the number of total establishments increased from 4,185 to 6,118.  In this context, 
the number of establishments is a less helpful indicator of small business prevalence than is the number of firms, 
because the latter number takes into account the concept of common ownership or control.  The more helpful 2002 
census data on firms, including employment and receipts numbers, will be issued in late 2005.
21 47 C.F.R.  76.901(e).  The Commission developed this definition based on its determinations that a small cable 
system operator is one with annual revenues of $100 million or less.  For regulatory simplicity, the Commission 
established the company size standard in terms of subscribers, rather than dollars; in the cable context, $100 million 
in annual regulated revenues equates to approximately 400,000 subscribers.  See Implementation of Sections of the 
Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Doc. Nos. 92-266 and 
93-215, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7408-7409  28-30 
(1995).
22 Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 1996 (based on figures for Dec. 30, 1995).
Federal Communications Commission FCC 07-70
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not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.23 The Commission has determined that there are 67.7 million subscribers in the United 
States.24 Therefore, an operator serving fewer than 677,000 subscribers shall be deemed a small operator, 
if its annual revenues, when combined with the total annual revenues of all of its affiliates, do not exceed 
$250 million in the aggregate.25 Based on available data, we estimate that the number of cable operators 
serving 677,000 subscribers or less totals approximately 1,450.  The Commission neither requests nor 
collects information on whether cable system operators are affiliated with entities whose gross annual 
revenues exceed $250 million,26 and therefore is unable at this time to estimate more accurately the 
number of cable system operators that would qualify as small cable operators under the size standard 
contained in the Communications Act.
15. Direct Broadcast Satellite (DBS) Service. DBS service is a nationally distributed 
subscription service that delivers video and audio programming via satellite to a small parabolic dish 
antenna at the subscribers location.  Because DBS provides subscription services, DBS falls within the 
SBA-recognized definition of Cable and Other Program Distribution.27 This definition provides that a 
small entity is one with $13.5 million or less in annual receipts.28 Currently, only three operators hold 
licenses to provide DBS service, which requires a great investment of capital for operation.29 All three 
currently offer subscription services.  Two of these three DBS operators, DirecTV30 and EchoStar 
Communications Corporation (EchoStar),31 report annual revenues that are in excess of the threshold 
for a small business.  The third DBS operator, Dominion Video Satellite, Inc. (Dominion), offers 
religious (Christian) programming and does not report its annual receipts.32 The Commission does not 
know of any source which provides this information and, thus, we have no way of confirming whether 
Dominion qualifies as a small business.  Because DBS service requires significant capital, we believe it is 
unlikely that a small entity as defined by the SBA would have the financial wherewithal to become a DBS 
  
23 47 U.S.C.  543(m)(2).
24 See Public Notice, FCC Announces New Subscriber Count for the Definition of Small Cable Operator, 16 FCC 
Rcd 2225 (2001) (2001 Subscriber Count PN).  In this Public Notice, the Commission established the threshold 
for determining whether a cable operator meets the definition of small cable operator at 677,000 subscribers, and 
determined that this threshold will remain in effect until the Commission issues a superceding Public Notice.  We 
recognize that the number of cable subscribers was recently estimated by the Commission to be 65.4 million in June 
2005; see Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, 
Eleventh Annual Report, 20 FCC Rcd 2755, 2507  10 (2006) (2006 Cable Competition Report).  However, 
because the Commission has not issued a public notice subsequent to the 2001 Subscriber Count PN, we propose to 
rely on the subscriber count threshold established by the 2001 Subscriber Count PN. 
25 47 C.F.R.  76.901(f).
26 The Commission does receive such information on a case-by-case basis if a cable operator appeals a local 
franchise authoritys finding that the operator does not qualify as a small cable operator pursuant to  76.901(f) of 
the Commissions rules.  See 47 U.S.C.  573.
27 13 C.F.R.  121.201, NAICS code 517510.
28 Id.
29 2006 Cable Competition Report, 20 FCC Rcd 2538-38  70.
30 DirecTV is the largest DBS operator and the second largest MVPD, serving an estimated 14.67 million 
subscribers nationwide, as of June 2005; see 2006 Cable Competition Report, 20 FCC Rcd at 2540  73.
31 EchoStar, which provides service under the brand name Dish Network, is the second largest DBS operator and the 
third largest MVPD, serving an estimated 11.45 million subscribers nationwide, as of June 2005.  Id.
32 Dominion, which provides service under the brand name Sky Angel, serves fewer than one million subscribers.  
Id.
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licensee.  Nevertheless, given the absence of specific data on this point, we acknowledge the possibility 
that there are entrants in this field that may not yet have generated $13.5 million in annual receipts, and 
therefore may be categorized as a small business, if independently owned and operated. 
16. Private Cable Operators (PCOs), also known as, Satellite Master Antenna Television 
(SMATV) Systems.  PCOs, also known as SMATV systems or private communication operators, are 
video distribution facilities that use closed transmission paths without using any public right-of-way.  
PCOs acquire video programming and distribute it via terrestrial wiring in urban and suburban multiple 
dwelling units such as apartments and condominiums, and commercial multiple tenant units such as 
hotels and office buildings.  The SBA definition of small entities for Cable and Other Program 
Distribution Services includes PCOs and, thus, small entities are defined as all such companies generating 
$13.5 million or less in annual receipts.33 Currently, there are more than 150 members in the Independent 
Multi-Family Communications Council (IMCC), the trade association that represents PCOs.34 Individual 
PCOs often serve approximately 3,000-4,000 subscribers, but the larger operations serve as many as 
15,000-55,000 subscribers.  In total, PCOs currently serve approximately one million subscribers.35  
Because these operators are not rate regulated, they are not required to file financial data with the 
Commission.  Furthermore, we are not aware of any privately published financial information regarding 
these operators.  Based on the estimated number of operators and the estimated number of units served by 
the largest ten PCOs, we believe that a substantial number of PCO qualify as small entities.
17. Home Satellite Dish (HSD) Service. Because HSD provides subscription services, 
HSD falls within the SBA-recognized definition of Cable and Other Program Distribution, which includes 
all such companies generating $13.5 million or less in revenue annually.36 HSD or the large dish segment 
of the satellite industry is the original satellite-to-home service offered to consumers, and involves the 
home reception of signals transmitted by satellites operating generally in the C-band frequency.  Unlike 
DBS, which uses small dishes, HSD antennas are between four and eight feet in diameter and can receive 
a wide range of unscrambled (free) programming and scrambled programming purchased from program 
packagers that are licensed to facilitate subscribers receipt of video programming.  There are 
approximately 30 satellites operating in the C-band, which carry over 500 channels of programming 
combined; approximately 350 channels are available free of charge and 150 are scrambled and require a 
subscription.  HSD is difficult to quantify in terms of annual revenue.  HSD owners have access to 
program channels placed on C-band satellites by programmers for receipt and distribution by MVPDs.  
Commission data shows that, as of June 2005, there were 206,358 households authorized to receive HSD 
service.37 The Commission has no information regarding the annual revenue of the four C-Band 
distributors.
18. Wireless Cable Systems. Wireless cable systems use the Broadband Radio Service 
(BRS), formerly Multipoint Distribution Service (MDS),38 and Educational Broadband Service 
  
33 13 C.F.R.  121.201, NAICS code 517510.
34 See 2006 Cable Competition Report, 20 FCC Rcd 2564-65  130. 
35 See id.
36 13 C.F.F.  121.201, NAICS code 517510.
37 See 2006 Cable Competition Report, 20 FCC Rcd 2544  80.
38 MDS, also known as Multichannel Multipoint Distribution Service (MMDS), is regulated by Part 21 of the 
Commissions rules; see 47 C.F.R. Part 21, subpart K; and has been renamed the Broadband Radio Service (BRS); 
see Amendment of Parts 1, 21, 73, 74 and 101 of the Commissions 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; 
Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to 
Enable Multipoint Distribution Service and the Instructional Television Fixed Service Amendment of Parts 21 and 
(continued.)
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(EBS), formerly Instructional Television Fixed Service (ITFS),39 frequencies in the 2 GHz band to 
transmit video programming and provide broadband services to residential subscribers.40 These services 
were originally designed for the delivery of multichannel video programming, similar to that of traditional 
cable systems, but over the past several years licensees have focused their operations instead on providing 
two-way high-speed Internet access services.41 We estimate that the number of wireless cable subscribers 
is approximately 100,000, as of March 2005.  Id.  Local Multipoint Distribution Service (LMDS) is a 
fixed broadband point-to-multipoint microwave service that provides for two-way video 
telecommunications.42 As previously noted, the SBA definition of small entities for Cable and Other 
Program Distribution, which includes such companies generating $13.5 million in annual receipts, 
appears applicable to MDS, ITFS and LMDS.43  
19. Wireless Cable Systems (Commission Auction Standard). The Commission has defined 
small MDS (now BRS) and LMDS entities in the context of Commission license auctions.  In the 1996 
MDS auction,44 the Commission defined a small business as an entity that had annual average gross 
revenues of less than $40 million in the previous three calendar years.45 This definition of a small entity 
in the context of MDS auctions has been approved by the SBA.46 In the MDS auction, 67 bidders won 
493 licenses.  Of the 67 auction winners, 61 claimed status as a small business.  At this time, the 
Commission estimates that of the 61 small business MDS auction winners, 48 remain small business 
licensees.  In addition to the 48 small businesses that hold BTA authorizations, there are approximately 
392 incumbent MDS licensees that have gross revenues that are not more than $40 million and are thus 
considered small entities.47 MDS licensees and wireless cable operators that did not participate in the 
MDS auction must rely on the SBA definition of small entities for Cable and Other Program Distribution.  
Information available to us indicates that there are approximately 850 of these licensees and operators that 
do not generate revenue in excess of $13.5 million annually.  Therefore, we estimate that there are 
approximately 850 small MDS (or BRS) providers as defined by the SBA and the Commissions auction 
rules.
20. Educational institutions are included in this analysis as small entities; however, the 
(Continued from previous page)    
74 to Engage in Fixed Two-Way Transmissions; Amendment of Parts 21 and 74 of the Commission's Rules With 
Regard to Licensing in the Multipoint Distribution Service and in the Instructional Television Fixed Service for the 
Gulf of Mexico; 19 FCC Rcd 14165 (2004) (MDS/ITFS Order).
39 ITFS systems are regulated by Part 74 of the Commissions rules; see 47 C.F.R. Part 74, subpart I.  ITFS, an 
educational service, has been renamed the Educational Broadband Service (EBS); see MDS/ITFS Order, 19 FCC 
Rcd 14165.  ITFS licensees, however, are permitted to lease spectrum for MDS operation.
40 See 2006 Cable Competition Report, 20 FCC Rcd 2565  131.
41 Id.
42 See Local Multipoint Distribution Service, 12 FCC Rcd 12545 (1997) (LMDS Order). 
43 13 C.F.R.  121.201, NAICS code 517510.
44 MDS Auction No. 6 began on November 13, 1995, and closed on March 28, 1996.  (67 bidders won 493 licenses.)
45 47 C.F.R.  21.961(b)(1).
46 See ITFS Order, 10 FCC Rcd at 9589.
47 47 U.S.C.  309(j).  Hundreds of stations were licensed to incumbent MDS licensees prior to implementation of 
Section 309(j) of the Communications Act of 1934, 47 U.S.C.  309(j).  For these pre-auction licenses, the 
applicable standard is SBAs small business size standards for other telecommunications (annual receipts of $12.5 
million or less).  See 13 C.F.R.  121.201, NAICS code 517910.
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Commission has not defined a small business size standard for ITFS (now EBS).48 We estimate that there 
are currently 2,032 ITFS (or EBS) licensees, and all but 100 of these licenses are held by educational 
institutions.  Thus, the Commission estimates that at least 1,932 ITFS licensees are small businesses. 
21. In the 1998 and 1999 LMDS auctions,49 the Commission defined a small business as an 
entity that had annual average gross revenues of less than $40 million in the previous three calendar 
years.50 Moreover, the Commission added an additional classification for a very small business, which 
was defined as an entity that had annual average gross revenues of less than $15 million in the previous 
three calendar years.51 These definitions of small business and very small business in the context of 
the LMDS auctions have been approved by the SBA.52 In the first LMDS auction, 104 bidders won 864 
licenses.  Of the 104 auction winners, 93 claimed status as small or very small businesses.  In the LMDS 
re-auction, 40 bidders won 161 licenses.  Based on this information, we believe that the number of small 
LMDS licenses will include the 93 winning bidders in the first auction and the 40 winning bidders in the 
re-auction, for a total of 133 small entity LMDS providers as defined by the SBA and the Commissions 
auction rules.
22. Open Video Systems (OVS).  In 1996, Congress established the open video system 
(OVS) framework, one of four statutorily recognized options for the provision of video programming 
services by local exchange carriers (LECs).53 The OVS framework provides opportunities for the 
distribution of video programming other than through cable systems.  Because OVS operators provide 
subscription services,54 OVS falls within the SBA-recognized definition of Cable and Other Program 
Distribution Services, which provides that a small entity is one with $13.5 million or less in annual 
receipts.55 The Commission has certified 25 OVS operators with some now providing service.  
Broadband service providers (BSPs) are currently the only significant holders of OVS certifications or 
local OVS franchises.56 As of June 2005, BSPs served approximately 1.4 million subscribers, 
representing 1.5 percent of all MVPD households.57 Affiliates of Residential Communications Network, 
Inc. (RCN), which serves about 371,000 subscribers as of June 2005, is currently the largest BSP and 
14th largest MVPD.58  RCN received approval to operate OVS systems in New York City, Boston, 
  
48 In addition, the term small entity under SBREFA applies to small organizations (nonprofits) and to small 
governmental jurisdictions (cities, counties, towns, townships, villages, school districts, and special districts with 
populations of less than 50,000).  5 U.S.C.  601(4)-(6).  We do not collect annual revenue data on ITFS licensees.
49 The Commission has held two LMDS auctions: Auction 17 and Auction 23.  Auction No. 17, the first LMDS 
auction, began on February 18, 1998, and closed on March 25, 1998.  (104 bidders won 864 licenses.)  Auction No. 
23, the LMDS re-auction, began on April 27, 1999, and closed on May 12, 1999.  (40 bidders won 161 licenses.)
50 See LMDS Order, 12 FCC Rcd at 12545.
51 Id.
52 See Letter to Daniel Phythyon, Chief, Wireless Telecommunications Bureau (FCC) from A. Alvarez, 
Administrator, SBA (January 6, 1998).
53 47 U.S.C.  571(a)(3)-(4).  See 2006 Cable Competition Report, 20 FCC Rcd 2549  88. 
54 See 47 U.S.C.  573.
55 13 C.F.R.  121.201, NAICS code 517510.
56 See 2006 Cable Competition Report, 20 FCC Rcd 2549  88.  BSPs are newer firms that are building state-of-the-
art, facilities-based networks to provide video, voice, and data services over a single network.  
57 See id. at 2507  14.
58 See 2006 Cable Competition Report, 20 FCC Rcd 2549  89.  WideOpenWest is the second largest BSP and 16th 
largest MVPD, with cable systems serving about 292,000 subscribers as of June 2005.  The third largest BSP is 
Knology, which currently serves approximately 170,800 subscribers as of June 2005.  Id. 
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Washington, D.C. and other areas.  The Commission does not have financial information regarding the 
entities authorized to provide OVS, some of which may not yet be operational.  We thus believe that at
least some of the OVS operators may qualify as small entities.
23. Electronics Equipment Manufacturers.  The rules adopted in this proceeding may 
indirectly affect manufacturers of digital receiving equipment and other types of consumer electronics 
equipment. The appropriate small business size standard is that which the SBA has established for 
manufacturers of radio and television broadcasting and wireless communications equipment.  This 
category encompasses entities that primarily manufacture radio, television, and wireless communications 
equipment.59 Under this standard, firms are considered small if they have 750 or fewer employees.60  
Census Bureau data for 2002 indicate that, for that year, there were a total of 1,041 establishments61 in 
this category.62 Of those, 1,023 had employment under 1,000.  Given the above, the Commission 
estimates that the great majority of equipment manufacturers are small businesses.
D. Description of Projected Reporting, Recordkeeping and other Compliance 
Requirements
24. The proposals set forth in this Notice, if adopted, would impose mandatory compliance 
and reporting requirements on full-power television broadcast stations, including requiring that such 
stations:  (1) must cease analog broadcasting on or before the February 17, 2009 transition date;63 (2) if 
they do not have an existing construction permit for their final, DTV facility, or if they need to modify 
their existing construction permit, must file an application for a new or modified construction permit for 
their final, DTV facility;64 (3) must construct their DTV facility by the construction deadline proposed for 
them;65 (4) must file a form with the Commission detailing their current transition status, the additional 
steps necessary in order to be prepared for digital-only operation on February 17, 2009, and a timeline for 
making those steps;66 and (5) must populate, and update as necessary, the Event Information Tables 
  
59 NAICS code 334220.
60 Id.
61 The number of establishments is a less helpful indicator of small business prevalence in this context than would 
be the number of firms or companies, because the latter take into account the concept of common ownership or 
control.  Any single physical locations for an entity is an establishment, even though that location may be owned by 
a different establishment.  Thus, the numbers given may reflect inflated numbers of businesses in this category, 
including the numbers of small businesses.
62 U.S. Census Bureau, 2002 Economic Census, Industry Series:  Manufacturing, Industry Statistics by 
Employment Size, Table 4, NAICS code 334220 (issued May 2005).
63 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 Notice.
64 See supra section V.D. of Notice.
65 See supra section V.C. of Notice.
66 See supra section V.,  35 of the Notice.
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(EITs) in PSIP data with accurate information about each event, in accordance with the current version 
of the ATSC PSIP standard, A/65-C.67  
25. In addition, certain proposals set forth in this Notice, if adopted, would provide for 
voluntary compliance and reporting requirements.  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 IRFA.68
26. 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.69 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.
27. 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.70 Commercial stations must file FCC Form 301 and NCE stations must file FCC Form 
340.71 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.72
28. According to the Notice, 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.73 Thus, both these groups of stations will need to file applications for their final, post-
transition facilities. 
29. Given the number of stations that will need to file CP or modification applications and 
the fast-approaching transition date, the Notice proposes to offer expedited processing to a station 
applying for a CP to build or modify its post-transition channel, provided that its application (i) does not 
seek to expand the stations noise-limited service contour in any direction beyond that established by the 
new DTV Table Appendix B; (ii) specifies facilities that match or closely approximate those new 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 deviate no more than five percent from 
those new DTV Table Appendix B facilities with respect to predicted population); and (iii) is filed within 
45 days of the effective date of Section 73.616 of the rules adopted in the Report and Order in this 
  
67 See supra section V.G.2. of the Notice.  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. 
68 To request various opportunities for regulatory flexibility, stations would have to file applications with the 
Commission.  See, e.g., section VI.B. of the Notice (listing proposed information collections contained in the 
Notice).
69 47 U.S.C.  309(j)(14).
70 See 47 C.F.R.  73.1690(b), 73.3533(a), 73.3538. 
71 See 47 C.F.R.  73.1690(b), 73.3533(a), 73.3538. 
72 See supra section V.D. of the Notice.
73 See id.
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proceeding.74 The Notice tentatively concludes that it will not accept applications to expand post-
transition facilities until it has completed processing the applications to build authorized facilities.75 The 
Notice also tentatively concludes to adopt a new 0.5 percent interference standard to apply to 
maximization applications and to new channel allotments after the transition.76
30. Construction deadlines for DTV facilities.  The Notice proposes deadlines for all full-
power television broadcast stations to complete construction of their final, DTV facilities in order to 
ensure that DTV stations will be providing service on their final, post-transition channels by the February 
17, 2009 transition date.77 The Notice proposes 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.  First, the Notice proposes that February 17, 2009 will be the 
construction deadline for stations whose DTV channel for pre-transition operation is not the same as their 
channel for post-transition use.78 These are stations that will be starting over with a new channel for DTV 
service.  Second, for stations whose post-transition channel is the same as their pre-transition channel, the 
Notice proposes to require completion of stations post-transition facilities by the deadlines established 
for them in the Construction Deadline Extension Order and Use-or-Lose Order.79 Most stations (whose 
post-transition channel is the same as their pre-transition channel) that received a grant of their extension 
request or use-or-lose waiver request were provided six months from the release date of the Construction 
Deadline Extension Order or Use-or-Lose Order, whichever is applicable, to complete construction of 
their final, DTV (post-transition) facilities.  The other stations (whose post-transition channel is the same 
as their pre-transition channel) that received a grant of their extension request or use-or-lose waiver 
request were provided until February 17, 2009 to complete construction of their final, DTV (post-
transition) facilities, because they faced unique technical challenges, such as needing to switch their top-
mounted analog transmitter with their side-mounted digital transmitter.  Unlike the first group, stations 
whose post-transition channel is the same as their pre-transition channel have long been assigned the 
channel that they will use for post-transition operations.  Third, notwithstanding the first two groups, the 
Notice proposes that February 17, 2009 will be the construction deadline for stations with side-mounted 
digital antennas or similar situations in which the operation of their analog service prevents the 
completion of their full, authorized digital facilities.80
31. The Notice also proposes to limit the situations in which stations may obtain more time to 
satisfy the proposed new construction deadlines for completion of final, DTV facilities.81 For requests for 
additional time to construct DTV facilities filed before February 17, 2009 (but after the effective date of 
the proposed new rule), the Notice proposes to revise and apply Section 73.624(d) of the rules.82  
Specifically, the proposed Section 73.624(d), if adopted, would no longer grant stations additional time to 
  
74 See supra section V.D. of the Notice (discussing proposal for expedited processing).
75 See supra section V.E. of the Notice.
76 See supra section V.F. of the Notice.
77 See supra section V.C. of the Notice.
78 See supra section V.C.1. of the Notice.
79 See supra section V.C.2. of the Notice.
80 See supra section V.C.3. of the Notice.
81 See supra section V.C.4. of the Notice.
82 See proposed rule 47 C.F.R.  73.624(d) in Appendix A, supra, of the Notice.  See also supra section V.C.4. of 
the Notice.
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construct because of equipment delays, absent extraordinary circumstances.83 The proposed rule would 
also require a stronger demonstration of financial hardship than is now required.84 The proposed financial 
hardship standard would require 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 test 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 also would be required to submit a schedule of when they expect to complete 
construction.85 As is currently required by the rule, stations making such requests must electronically file 
FCC Form 337.86 With respect to a deadline of February 17, 2009 or later, the Notice proposes to apply 
Section 73.3598 of the rules, which now applies to DTV singletons, analog TV, and other broadcast 
services.87 Stations must file a notification to inform the Commission of the circumstances that it believes 
should toll its construction period.88
32. Transition Status Form.  The Notice proposes that every full-power television broadcast 
station must file a form with the Commission 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 switch-over 
deadline; and (3) a plan for how it intends to meet that deadline.89 These filings will be posted on the 
Commissions website.  These forms will assist the Commission, industry, and the public in assessing 
progress and making plans for the digital switchover 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. 
33. Program System and Information Protocol (PSIP) standard.  The Notice proposes to 
update 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.90 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, 
  
83 See proposed rule 47 C.F.R.  73.624(d) (proposing to eliminate paragraph (d)(3)(ii)(B)) in Appendix A.  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).
84 See proposed rule 47 C.F.R.  73.624(d) (proposing to revise paragraph (d)(3)(ii)(C)) in Appendix A.
85 See supra section V.C.4. of the Notice.
86 47 C.F.R.  73.624(d).  See OMB Control No. 3060-1001.
87 See proposed rule 47 C.F.R.  73.3598 in Appendix A, supra.  See also supra section V.C.4. of the Notice.
88 47 C.F.R.  73.3598(c), (d).  A station must notify the Commission as promptly as possible and, in any event, 
within 30 days, of the act of God that has blocked construction, or the initiation of a relevant administrative or 
judicial review.  This notification procedure, which replaced the use of FCC Form 307, was established in the 1998 
Streamlining Order, 13 FCC Rcd at 23091  86.  
89 See supra section V.,  35 of the Notice.
90 See supra section V.G.2. of the Notice.  See also proposed rule 47 C.F.R.  73.682(d) in Appendix A, supra.
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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.91 The Commission has recognized 
the utility that the ATSC PSIP standard offers for both broadcasters and consumers.
34. 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.92 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. 
E. Steps Taken to Minimize Significant Impact on Small Entities, and Significant 
Alternatives Considered
35. 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, 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.93
36. 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.
37. The Notice, however, does propose opportunities for regulatory flexibility with respect to 
the other mandatory compliance requirements.
38. With respect to applications for post-transition facilities, the Notice proposes to offer 
expedited processing (as discussed above).94 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.   This option may well benefit smaller entities. 
39. With respect to the proposed construction deadlines to build final, post-transition 
facilities, the Notice proposes to offer 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 transition date.95
40. While proposing to establish a stricter standard for requests for extension of time to 
construct DTV facilities, the Notice also proposes to eliminate the requirement for some stations that they 
build pre-transition DTV facilities on channels that are not their post-transition channel.96 This will help 
  
91 Id.
92 See supra section V.G.2. of the Notice. 
93 5 U.S.C.  603(c)(1)-(c)(4)
94 See supra IRFA  27.
95 See, e.g., supra section V.C.6. of the Notice.
96 See supra section V.C.4. of the Notice. 
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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 Notice also asks whether it should 
afford small television broadcasters additional time to construct DTV facilities.97 The Notice also 
proposes to allow stations to operate on newly allotted post-transition facilities before the transition 
deadline provided they would not interfere with existing, pre-transition service.98
41. The Notice also requests comment on whether to permit stations to build less than their 
full, authorized post-transition facilities by the relevant construction deadline, provided these stations at 
least serve the same area and population that receive their current analog TV and DTV service so that 
over-the-air viewers will not lose TV service.  In particular, if such relief is not afforded to all stations, the 
Notice asks whether to afford such relief to small television broadcasters because of the unique challenges 
they may face in completing their transition.99
42. The Notice requests comment on whether to allow stations to temporarily remain on their 
pre-transition DTV channel (even though it is not their post-transition channel) if:  (i) they serve at least 
the same area and population that receives their current analog TV service so that over-the-air viewers 
will not lose TV service; (ii) they do not cause impermissible interference to other stations or prevent 
other stations from making their transition; and (iii) doing so would facilitate the transition.100 Stations 
making such requests would do so in accordance with the rules for STA.  This opportunity may afford 
additional regulatory relief to small television broadcasters.
43. To facilitate the construction of, and commencement of operations on, post-transition 
facilities, the Notice also examines the circumstances in which a station may reduce or terminate its 
analog service to facilitate construction of post-transition facilities.101 This opportunity may afford 
additional regulatory relief to small television broadcasters.  The Notice also considers whether and, if so, 
under what circumstances it should accept new requests by stations to return their pre-transition-only 
DTV channel (i.e., a DTV channel that is not their final, post-transition channel) before the end of the 
transition and flash cut from their analog channel to their post-transition channel.102 This flash-cut 
option may provide financial relief to small stations, such as satellite stations, by freeing station to focus 
their efforts on completion of their final, post-transition facilities. 
44. With respect to the proposed updating of Section 73.682(d) to reflect the new revisions to 
the ATSC PSIP standard, the Notice seeks comment on the burden that compliance with the new 
standard, A/65-C, would place on small broadcasters, in particular.103
45. 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, broadcasters are encouraged to suggest alternative 
proposals that would avoid the imposition of significant and unreasonable burdens on small TV 
broadcasters.
  
97 See id.
98 See supra section V.C.5. of the Notice.
99 See supra section V.C.6. of the Notice.
100 See supra section V.C.6. of the Notice.
101 See supra section V.A. of the Notice.
102 See supra section V.B. of the Notice.
103 See supra section V.G.2. of the Notice.
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F. Federal Rules Which Duplicate, Overlap, or Conflict with the Commissions 
Proposals
46. None.
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APPENDIX D
LIST OF STATIONS BELIEVED READY
TO COMMENCE POST-TRANSITION DTV OPERATIONS
[Note: This appendix is attached as a separate MS Excel file.]
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STATEMENT OF 
CHAIRMAN KEVIN J. MARTIN
Re:  Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion to 
Digital Television (MB Docket No. 07-91)
Today we take another step in our effort to facilitate a timely digital transition.  With this Notice 
of Proposed Rulemaking, we begin our third periodic review to assess the progress of broadcast television 
stations as they transition from analog to digital systems.  We also ask broadcasters to update us on their 
progress toward completion of their own digital transition and how they plan to meet the statutory 
deadline for that transition.  The Commission will make any necessary adjustments to the Commissions 
technical rules and policies to facilitate the transmission of digital broadcast signals by February 17, 2009.  
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.  
I am hopeful that the proceeding we initiate today will assist in making the digital 
transition proceed as swiftly and smoothly as possible.
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STATEMENT OF
COMMISSIONER MICHAEL J. COPPS 
Re: Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion to 
Digital Television (MB Docket No. 07-91)
We are now less than two years from the end of the digital television transition on February 17, 
2009. Unlike the previous 85% test, this is a hard deadline. There are no exceptions, no second 
chances. We have one opportunity to get this right.
The stakes could not be higher for everyone with an interest in the DTV transition  consumers 
readying themselves for the end of analog broadcasting; public safety authorities counting the minutes 
until they can use their spectrum; advanced wireless providers preparing to bid in the 700 MHz auction; 
consumer electronics manufacturers and retailers projecting consumer equipment needs; and broadcasters 
hoping to launch themselves into the digital future.
With so much hinging on the DTV transition staying on schedule, one would think that the 
switchover would be a national priority. Wellnot yet. I was involved in the planning for Y2K, so I 
know what it looks like when an issue is taken seriously. Compared to Y2K, the transition to digital 
television is a stealth operation.
Broadly speaking, two things have to happen for the transition to succeed: broadcasters have to 
be ready to transmit digital signals, and consumers have to be ready to receive them.
 Much of the initial focus has rightly been on consumers  how to make them aware that the 
transition is coming and what they need to do to prepare themselves. Were way behind the curve in this 
regard. According to a recent survey by the Association of Public Television Stations, 61% of consumers 
said they had No Idea that the DTV transition was taking place, and another 10% expressed only 
Limited Awareness. NTIA will spend $5 million for consumer education. As anyone who has 
conducted a national campaign knows, that is far from what is needed to get this job done. The hope is 
apparently that industry will take up the slack. We shall see.
The second part of getting consumers ready is ensuring that they dont wake up to a blank screen 
on February 18, 2009. That involves the converter box subsidy program for over-the-air viewers and 
ensuring that our mandatory carriage rules are updated to protect cable and satellite subscribers from 
losing access to broadcast signals.
This item, however, is about getting broadcasters ready for the switchover date. I think this 
problem is often overlooked because people see the number of stations broadcasting in digital and it 
sounds pretty good. But the fact of the matter is that most stations need to take significant action between 
now and the end of the transition. Over 600 stations will be moving to different channels than they are 
operating on now, and hundreds more are operating at low power and will need to ramp up. It means the 
possibility of hundreds of new transmitters, antennas, filters, exciters, and other types of equipment. It 
means the construction of new towers. It means scheduling tower crews and coordinating with other 
stations. It means lining up financing, zoning approvals, and international coordination. It means getting 
Commission applications on file and granted. And it means doing it all in less than two years in a country 
in which construction is impossible in numerous areas for much of the year. 
Thats why Im pleased that the Commission adopted the proposal to require every broadcast 
station in the U.S. to file a DTV Transition Plan with the FCC. First, the stations will tell us where they 
are today. Second, stations will tell us what they need to do by February 17, 2009  the equipment they 
need, the construction that needs to take place, the regulatory and other hurdles they need to clear. Third, 
Federal Communications Commission FCC 07-70
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stations will provide us with a timeline for how they plan to be ready by the switchover date. Finally, 
these plans will be available on our website so everyone can review them. I thank the Chairman and my 
colleagues for working with me on this. 
 Might things still go wrong? Sadly, yes. Even if we closely monitor whats going on and try to 
address problems as they arise, there is no guarantee of success. But our odds are infinitely better than if 
we sit back and hope for the best. I recognize this effort may absorb substantial Commission time and 
resources over the next two years. Given the other pressing issues before us, I do not take that prospect 
lightly. But the effort is worth it. This is not a drillits the real deal.
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STATEMENT OF 
COMMISSIONER JONATHAN S. ADELSTEIN
Re:  Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion to Digital 
Television (MB Docket No. 07-91)
The national transition to digital broadcasting is the Commissions single biggest responsibility in 
recent history.  Similar to the nations preparedness for the unrealized Year 2000 computer threat that 
captivated our attention just seven years ago, the only proper response is to over-prepare.  The DTV 
transition will impact everyone in the United States, yet the primary responsibility to make this transition 
successful rests principally on the Commission and its regulated entities.  Accordingly, I am pleased to 
support this item because it advances our national preparedness for the impending digital transition, but 
there is much more work ahead.
That analog broadcasting as we know it will end forever on February 17, 2009, is made eminently 
clear throughout this item. This hard deadline was created by Congress, and the Commission does not 
have the authority, the discretion or the inclination to change it.  In very real terms, the transition is far too 
important, and far too much is riding on its success.  
It is too important because the terrorist attacks of 2001 revealed the underlying weakness of our 
public safety communications infrastructure.  First responders are eagerly waiting for the 24 MHz of 
spectrum that Congress has allocated to serve as the foundation of a potentially inoperable system.  And 
far too much  including far too much money  is riding on the deadline to cause any uncertainty.  The 
Commission is statutorily required to commence an auction of the reclaimed 700 MHz broadcast 
spectrum no later than January 28, 2008, and to deposit the proceeds in the Digital Television Transition 
and Public Safety Fund no later than June 30, 2008.  The estimated market value of the reclaimed 
broadcast analog spectrum is upwards of $10 billion, according to the Congressional Budget Office.
I am pleased that this item informs full-power television broadcasters that the transition deadline 
is firm.  In todays item, the Commission proposes that February 17, 2009, will be the construction 
deadline for all stations that are building digital facilities on new channels.  And for stations whose pre-
transition channels are the same as their post-transition assignments, we propose that those stations will 
have six months to complete construction.  The Commission also proposes to heighten the standard by 
which we will grant extensions to time to construct digital facilities.  I support these and many other 
proposals, such as developing an expedited procedure to process construction permits, because they 
should establish a regulatory framework that is firm and flexible.  
I am especially pleased that we decided to develop a simple form that will allow every full-power 
television broadcast station to inform the Commission of their status and what the additional steps the 
station needs to take to meet the February 17, 2009 deadline.  While the form itself is important, what we 
do with them is even more important.  It is not sufficient to simply post them on a website.  I believe the 
Commission, as the principal agency in charge of the digital transition, needs to prepare a comprehensive 
report that aggregates and details where every single station is exactly one year before the transition ends.  
Our failure to know and report this information to the American people and Congress would be an 
abrogation of our responsibility. 
Finally, while I am pleased that we are marching on with the mechanics of the digital transition, I 
am concerned that we have not yet provided broadcasters and the public with a concrete understanding of 
broadcasters public interest obligations in the digital age.  This necessary piece of the transition 
continues to lag further and further behind.  Congress made clear that broadcasters continue to have 
public interest obligations in the digital world, but left it up to us to specify how to apply them.  
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As we continue to speed the arrival of the best possible digital television service to the public, an 
important proceeding that could bring certainty continues to linger at the Commission.  More than seven 
years ago, the Commission inquired generally how it should update broadcasters public interest 
obligations for the digital age.  In the Second Periodic Report and Order, we sought additional comment 
and stated our goal for prompt resolution.  Yet, no further action has been taken on this issue of enormous 
public and consumer importance.  Especially in light of our interest curtailing violence on broadcast 
television, I urge my colleagues to act on clarifying the public interest obligations of digital broadcasters 
as soon as possible.  A crystal clear digital picture is important, but quality programming is just as, if not 
more, important.
We owe it to the public and to broadcasters to devote sufficient time and resources of this 
Commission to establishing concrete, measurable public interest obligations to fulfill Congresss vision of 
this enhanced digital viewing experience.  Let us not leave the public behind as we continue finalizing the 
blueprints for digital television.    
Federal Communications Commission FCC 07-70
92
STATEMENT OF
COMMISSIONER DEBORAH TAYLOR TATE
Re:  Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion to 
Digital Television (MB Docket No. 07-91)
With this Notice of Proposed Rulemaking, we begin our third periodic review of the digital television 
(DTV) transition.   We all have a role to play in order to make the transition a smooth one and realize 
the benefits that it promises, freeing up spectrum for incredible new applications and services, including 
the deployment of broadband across rural areas of this country.  I applaud the Digital TV Transition 
Coalition comprised of business, trade, industry and grassroots organizations for their commitment to 
help educate and inform consumers regarding this exciting move to a dazzling truly digital world.  Our 
role, in addition to our own education and outreach, is to provide broadcasters the regulatory flexibility 
they need to focus their attention on the planning, coordination, and construction of their final, post-
transition DTV facilities.  Unlike our previous periodic reviews, we conduct this one knowing that 
Congress has set February 17, 2009 as the date certain for the end of the transition, underscoring our need 
to work cooperatively with broadcasters and the public alike so that we will continue to get news, 
information and entertainment without interruption in 664 days.
Federal Communications Commission FCC 07-70
93
STATEMENT OF 
COMMISSIONER ROBERT M. MCDOWELL
Re: Third Periodic Review of the Commissions Rules and Policies Affecting the Conversion to 
Digital Television (MB Docket No. 07-91)
This Notice provides a progress report on the digital transition, proposes 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.  Since Congress 
established the transition deadline, the Commission has moved beyond simply ensuring that stations were 
capable of operating in digital to focus on facilitating broadcasters construction of their final, post-
transition channel facilities.  In this Notice, we analyze and consider the specifics on 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 we can provide to ensure that the complicated, coordinated switch 
to DTV becomes a reality.   
I thank Media Bureau for their diligent and tireless efforts to produce this comprehensive notice.  
Much more work remains to be done, but we are all striving to make the transition as smooth as possible 
for the industry and for consumers so that the benefits of digital television technology can be enjoyed by 
the public without TV sets going dark.  I thank the Chairman for his leadership on these issues and 
support this Notice.