[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Rules and Regulations]
[Pages 69325-69337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25742]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 03-185; FCC 04-220]


Broadcast Services; Television Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules for digital low 
power television (LPTV) and television translator stations, and 
resolves issues related to digital television booster stations. This 
proceeding marks the beginning of the digital television conversion for 
these services. The rules and policies provide the framework for this 
conversion.

DATES: Effective January 28, 2005, except Sec. Sec.  73.6027, 74.703, 
74.705, 74.707, 74.710, 74.786 through 74.788, 74.790, and 74.793 
through 74.796 of the Commission's rules, which contain information 
collection requirements under the Paperwork Reduction Act (PRA) and are 
not effective until approved by the Office of Management and Budget 
(OMB). Written comments by the public on the new and modified 
information collections are due January 28, 2005. The Commission will 
publish a document in the Federal Register announcing the effective 
date for these rules.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, <a href="/cdn-cgi/l/email-protection#c89ba0a9bda6e685a9a0adba88aeababe6afa7be"><span class="__cf_email__" data-cfemail="dd8eb5bca8b3f390bcb5b8af9dbbbebef3bab2ab">[email protected]</span></a>, 
(202) 418-1600. For additional information concerning the Paperwork 
Reduction Act information collection requirements contained in this 
document, contact Leslie Smith, Federal Communications Commission, Room 
1-A804, 445 12th Street, SW., Washington, DC 20554, or via the Internet 
to <a href="/cdn-cgi/l/email-protection#e9a58c9a85808cc7ba84809d81a98f8a8ac78e869f"><span class="__cf_email__" data-cfemail="85c9e0f6e9ece0abd6e8ecf1edc5e3e6e6abe2eaf3">[email protected]</span></a>.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, Media Bureau (202) 418-
1600. For additional information concerning the information 
collection(s) contained in this document, contact Leslie Smith at 202-
418-0217, or via the Internet at <a href="/cdn-cgi/l/email-protection#d498b1a7b8bdb1fa87b9bda0bc94b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="327e57415e5b571c615f5b465a725451511c555d44">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Report and Order 
(R&O) in MB Docket No. 03-185, FCC 04-220, adopted September 9, 2004, 
and released September 30, 2004. This proceeding was initiated by the 
Notice of Proposed Rule Making, 68 FR 55566, September 26, 2003. The 
complete text of this R&O is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room CY-A257, 
445 12th Street, SW., Washington, DC and may also be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), 
Portals II, 445 12th Street SW, CY-B402, Washington, DC 20554. The R&O 
is also available on the Internet at the Commission's Web site: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365 or at <a href="/cdn-cgi/l/email-protection#3577475c545b1b785c59595c5b755356561b525a43"><span class="__cf_email__" data-cfemail="ce8cbca7afa0e083a7a2a2a7a08ea8adade0a9a1b8">[email protected]</span></a>

Paperwork Reduction Act

    This document contains information collection requirements subject 
to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It 
will be submitted to the Office of Management and Budget (OMB) for 
review under section 3507(d) of the PRA. OMB, the general public, and 
other Federal agencies will be invited to comment on the information 
collection requirements contained in this proceeding.

Summary of the Report and Order

    1. The R&O adopts definitions and permissible use provisions for 
digital TV translator and LPTV stations to mirror the analog operation 
of these stations. Digital translators will rebroadcast DTV broadcast 
signals. Whenever operating, a digital LPTV station must use some of 
its channel capacity to provide a free video programming service to the 
public. Upon meeting this requirement, LPTV stations may offer 
ancillary and supplementary services on the same basis as DTV broadcast 
licensees.
    2. As to the timing of the digital transition for these stations, 
LPTV, TV translator, and Class A stations are required to convert to 
digital operation, but the Commission has discretion to set the date by 
which analog operations of these stations must cease. The R&O states 
that the Commission will seek to hasten their transition to digital 
service and will work toward the goal of achieving an end-date at, or 
soon after, the end date of the full-power transition. Although the 
Commission intends to hasten their transition to digital service, 
certain issues regarding the transition of full service stations must 
be resolved before a low-power transition deadline can be set. The 
final transition date of these stations will be considered in the 
Commission's Third DTV periodic review proceeding.
    3. Existing LPTV and TV translator stations may convert to digital 
operations (``flash cut'') on their current channel. Applications for 
this purpose will be accepted on a first-come, first serve basis. 
Mutually exclusive applicants will be resolved by auction. In addition, 
to facilitate their digital transition, licensees and permittees of 
LPTV, TV translator, and Class A stations will be allowed to seek a 
digital companion channel for their analog station operations. A filing 
window for this purpose will be announced at a later date. The 
Commission will determine the deadline and process for stations' 
obtaining a digital companion channel to return of one of their 
channels. At a later date, the Commission will institute a separate 
first-come-first-served filing procedure not limited to incumbent low 
power stations.
    4. Due to limited spectrum availability, the R&O makes available 
VHF channels 2-13, inclusive, and UHF channels 14-51, inclusive (except 
channel 37) for digital LPTV and TV translator operations. The R&O also 
permits the use of channels 52-69 on a limited basis. Existing LPTV and 
TV translator stations on channels 52-69 may flash-cut to digital 
operations. The use of channels 52-59 for digital companion channels is 
limited to those stations that can certify the unavailability of any 
in-core channel

[[Page 69326]]

(channels 2-51). The use of channels 60-69 for companion channels is 
prohibited. Applicants for operations on channels 52-69 must notify 
potentially affected commercial wireless and public safety licensees 
before filing their applications. Additionally, applicants proposing to 
flash-cut to digital on channels allocated for public safety use 
(channels 63, 64, 68 and 69) are required to coordinate with regional 
and state entities representing potentially affected public safety 
licensees.
    5. All digital LPTV and TV translator stations will operate on a 
secondary, non-interfering basis with respect to primary services, 
including the commercial wireless and public safety services. The R&O 
adopts for digital stations in the LPTV service the protected contour 
values for digital Class A stations. For digital stations in the LPTV 
and Class A services, the R&O replaces the current contour protection 
methodology with the DTV interference prediction methodology.

Procedural Matters

    6. Paperwork Reduction Act of 1995 Analysis. This R&O contains new 
or modified information collection(s) subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to 
the Office of Management and Budget (OMB) for review under section 
3507(d) of the PRA. OMB, the general public, and other Federal agencies 
are invited to comment on the new or modified information collection(s) 
contained in this proceeding.
    7. Written comments by the public on the proposed information 
collection(s) are due January 28, 2005. Written comments must be 
submitted by the public, Office of Management and Budget and other 
interested parties on the proposed information collection(s) on or 
before January 28, 2005. In addition to filing comments with the 
Secretary, a copy of any comments on the information collection(s) 
contained herein should be submitted to Leslie Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to <a href="/cdn-cgi/l/email-protection#9ad6ffe9f6f3ffb4c9f7f3eef2dafcf9f9b4fdf5ec"><span class="__cf_email__" data-cfemail="cd81a8bea1a4a8e39ea0a4b9a58dabaeaee3aaa2bb">[email protected]</span></a>, and 
to Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th 
Street, NW., Washington, DC 20503, or via the Internet to Kristy L. 
<a href="/cdn-cgi/l/email-protection#db97ba97b4b5bfbe9bb4b6b9f5beb4abf5bcb4ad"><span class="__cf_email__" data-cfemail="7834193417161c1d3817151a561d1708561f170e">[email protected]</span></a>, or via fax at 202-395-5167.

Final Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (NPRM), 68 FR 55566, 
September 26, 2003. The Commission sought written public comment on the 
proposals in the NPRM, including comment on the IRFA. One comment was 
received on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

A. Need for and Objectives of the Report and Order

    9. The R&O establishes a regulatory framework that will hasten the 
transition of LPTV and TV translator stations to digital operations 
while minimizing disruption of existing service to consumers served by 
analog LPTV and TV translator stations. These stations are a valuable 
component of the nation's television system, delivering over-the-air TV 
service, including locally produced service, to millions of viewers in 
rural and discrete urban communities. The Commission desires to 
facilitate, wherever possible, the digital transition of these 
stations, thereby enabling their viewers to realize the many benefits 
of digital broadcast television (DTV) technology. The rules and 
policies adopted in the R&O provide flexible and affordable 
opportunities for low power digital television service, both through 
the conversion of existing analog service and, where spectrum is 
available, new digital stations.
    10. The R&O provides additional flexibility for existing 
broadcasters to transition to digital. The R&O declines to apply the 
full-service deadline for stations to cease analog operations finding 
that low power television broadcasters and their viewers do not have 
the resources to ``flash-cut'' from analog to digital and need 
additional time to identify available channels for digital use. Setting 
a transition deadline at some fixed time after the full-service 
transition would be less disruptive and minimize potential loss of 
service.
    11. The R&O allows existing broadcasters the first opportunity to 
either immediately convert from analog to digital (``flash-cut'') on 
their existing analog channel or to apply for a digital companion 
channel. This will provide existing broadcasters the flexibility to 
identify a workable digital channel for operation before new 
broadcasters are allowed to apply for channels. These applications will 
be filed as ``minor changes,'' thus reducing the overall time and 
processing burden on the stations.
    12. While the R&O concludes that digital flash-cut and companion 
channel applications filed by low power broadcasters are subject to 
auction (except Class A flash-cut applications), an opportunity is 
provided for applicants to find settlements or engineering solutions to 
avoid having to go to auction. This will facilitate the processing of 
applications and permit applicants to avoid having to use limited 
resources to bid for their digital channels.
    13. Applicants that choose to flash-cut or file for digital 
companion channels will have greater flexibility to seek channels 
between 52-69 (with restrictions). This will enable numerous stations 
that otherwise could not find a digital channel with the opportunity to 
participate in the digital transition.
    14. Stations will have the flexibility to choose the types of 
service to provide for their viewers. Translators will be limited to 
rebroadcasting programs and signals of full-service DTV stations 
without alteration to content or video format but may insert the types 
of local messages permitted for analog translators and may rebroadcast 
a DTV signal as an analog signal. LPTV stations must provide a free 
over-the-air video program service but have the freedom to use the 
remainder of their spectrum to offer ancillary services on the same 
basis as full-service DTV stations (including a 5% fee on gross 
revenues of feeable services).
    15. The interference rules and methodology in the R&O provide the 
needed flexibility for stations to engineer new digital operations 
without undermining established interference protection rights of 
existing broadcasters. The equipment rules will enable stations to use 
much of their existing equipment, thus reducing the overall cost of 
digital implementation.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    16. There were no comments filed in response to the Initial 
Regulatory Flexibility Analysis.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    17. 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. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation;

[[Page 69327]]

and (3) satisfies any additional criteria established by the Small 
Business Administration (SBA).
    18. In this context, the application of the statutory definition to 
television stations is of concern. 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 estimates that 
follow 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 therefore might be over-inclusive.
    19. An additional element of the definition of ``small business'' 
is that the entity must be independently owned and operated. It is 
difficult at times to assess these criteria in the context of media 
entities and our estimates of small businesses might therefore be over 
inclusive.
    20. Class A TV, LPTV, and TV translator stations. The rules and 
policies apply to licensees of LPTV and TV translator, and to potential 
licensees in these television services. Certain rules and policies also 
apply to licensees of Class A TV stations. The Small Business 
Administration defines a television broadcasting station that has no 
more than $12 million in annual receipts as a small business. 
Television broadcasting consists of establishments primarily engaged in 
broadcasting images together with sound, including the production or 
transmission of visual programming which is broadcast to the public on 
a predetermined schedule. Included in this category are establishments 
primarily engaged in television broadcasting and which produce 
programming in their own studios. Separate establishments primarily 
engaged in producing programming are classified under other NAICS 
numbers.
    21. Currently, there are approximately 2,100 licensed LPTV 
stations, 600 licensed Class A stations, 4,700 licensed TV translators 
and 11 TV booster stations. According to Commission staff review of the 
BIA Publications, Inc., Master Access Television Analyzer Database, 
virtually all LPTV broadcast stations, including LPTV stations that 
have converted to Class A status, have revenues of less than $12 
million. We note, however, that under the SBA's 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 $12 
million and thus may be categorized as small, except to the extent that 
revenues of affiliated non-translator or booster entities should be 
considered.
    22. Cable and Other Program Distribution. Cable systems often 
receive the television service transmitted over the cable system from a 
TV translator or LPTV station. Thus, cable systems may also be affected 
by the rules in the R&O. The SBA has developed a small business size 
standard for cable and other program distribution services, which 
includes all such companies generating $12.5 million or less in revenue 
annually. This category includes, among others, cable operators, direct 
broadcast satellite (DBS) services, home satellite dish (HSD) services, 
multipoint distribution services (MDS), multichannel multipoint 
distribution service (MMDS), Instructional Television Fixed Service 
(ITFS), local multipoint distribution service (LMDS), satellite master 
antenna television (SMATV) systems, and open video systems (OVS). 
According to Census Bureau data, there are 1,311 total cable and other 
pay television service firms that operate throughout the year of which 
1,180 have less than $10 million in revenue. We address below each 
service individually to provide a more precise estimate of small 
entities.
    23. Cable Operators. Under the Commission's rules, a ``small cable 
company'' is one serving fewer than 400,000 subscribers nationwide. We 
last estimated that there were 1,439 cable operators that qualified as 
small cable companies. Since then, some of those companies may have 
grown to serve over 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 that may be affected by the 
decisions and rules proposed in this Notice.
    24. The Communications Act, as amended, also contains a size 
standard for a small cable system operator, which is ``a cable operator 
that, directly or through an affiliate, serves in the aggregate less 
than 1% of all subscribers in the United States and is not affiliated 
with any entity or entities whose gross annual revenues in the 
aggregate exceed $250,000,000.'' The Commission has determined that 
there are 68,500,000 subscribers in the United States. Therefore, an 
operator serving fewer than 685,000 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. Based on available data, we find that the number of cable 
operators serving 685,000 subscribers or less totals approximately 
1,450. Although it seems certain that some of these cable system 
operators are affiliated with entities whose gross annual revenues 
exceed $250,000,000, we are unable at this time to estimate with 
greater precision the number of cable system operators that would 
qualify as small cable operators under the definition in the 
Communications Act.
    25. Direct Broadcast Satellite (DBS) Service. Because DBS provides 
subscription services, DBS falls within the SBA-recognized definition 
of Cable and Other Program Distribution services. This definition 
provides that a small entity is one with $12.5 million or less in 
annual receipts. There are four licensees of DBS services under part 
100 of the Commission's rules. Three of those licensees are currently 
operational. Two of the licensees that are operational have annual 
revenues that may be in excess of the threshold for a small business. 
The Commission, however, does not collect annual revenue data for DBS 
and, therefore, is unable to ascertain the number of small DBS 
licensees that could be impacted by these proposed rules. DBS service 
requires a great investment of capital for operation, and we 
acknowledge, despite the absence of specific data on this point, that 
there are entrants in this field that may not yet have generated $12.5 
million in annual receipts, and therefore may be categorized as a small 
business, if independently owned and operated. Therefore, we will 
assume all four licensees are small, for the purpose of this analysis.
    26. Home Satellite Dish (HSD) Service. Because HSD provides 
subscription services, HSD falls within the SBA-recognized definition 
of Cable and Other Program Distribution services. This definition 
provides that a small entity is one with $12.5 million or less in 
annual receipts. The market for HSD service is difficult to quantify. 
Indeed, the service itself bears little resemblance to other MVPDs. HSD 
owners have access to more than 265 channels of programming placed on C 
band satellites by programmers for receipt and distribution by MVPDs, 
of which 115 channels are scrambled and approximately 150 are 
unscrambled. HSD owners can watch unscrambled

[[Page 69328]]

channels without paying a subscription fee. To receive scrambled 
channels, however, an HSD owner must purchase an integrated receiver 
decoder from an equipment dealer and pay a subscription fee to an HSD 
programming package. Thus, HSD users include: (1) Viewers who subscribe 
to a packaged programming service, which affords them access to most of 
the same programming provided to subscribers of other MVPDs; (2) 
viewers who receive only non subscription programming; and (3) viewers 
who receive satellite programming services illegally without 
subscribing. Because scrambled packages of programming are most 
specifically intended for retail consumers, these are the services most 
relevant to this discussion. As noted, supra, for the category Cable 
and Other Program Distribution, most of providers of these services are 
considered small.
    27. Multipoint Distribution Service (MDS), Multichannel Multipoint 
Distribution Service (MMDS) Instructional Television Fixed Service 
(ITFS) and Local Multipoint Distribution Service (LMDS). MMDS systems, 
often referred to as ``wireless cable,'' transmit video programming to 
subscribers using the microwave frequencies of the MDS and ITFS 
services. LMDS is a fixed broadband point-to-multipoint microwave 
service that provides for two-way video telecommunications.
    28. In connection with the 1996 MDS auction, the Commission defined 
small businesses as entities that had annual average gross revenues of 
less than $40 million in the previous three calendar years. This 
definition of a small entity in the context of MDS auctions has been 
approved by the SBA. The MDS auctions resulted in 67 successful bidders 
obtaining licensing opportunities for 493 Basic Trading Areas (BTAs). 
Of the 67 auction winners, 61 met the definition of a small business. 
In addition, MDS includes licensees of stations authorized prior to the 
auction. As noted, the SBA has developed a definition of small entities 
for pay television services, which includes all such companies 
generating $12.5 million or less in annual receipts. This definition 
includes multipoint distribution services, and thus applies to MDS 
licensees and wireless cable operators that did not participate in the 
MDS auction. Information available to us indicates that there are 
approximately 850 of these licensees and operators that do not generate 
revenue in excess of $12.5 million annually. Therefore, using the SBA 
small business size standard, we find that there are approximately 850 
small MDS providers.
    29. The SBA definition of small entities for Cable and Other 
Distribution services, which includes such companies generating $12.5 
million in annual receipts, seems reasonably applicable to ITFS. There 
are presently 2,032 ITFS licensees. All but 100 of these licenses are 
held by educational institutions. Educational institutions are included 
in the definition of a small business. However, we do not collect 
annual revenue data for ITFS licensees, and are not able to ascertain 
how many of the 100 non-educational licensees would be categorized as 
small under the SBA definition. Thus, we tentatively conclude that at 
least 1,932 licensees are small businesses.
    30. Additionally, the auction of the 1,030 LMDS licenses began on 
February 18, 1998, and closed on March 25, 1998. The Commission defined 
``small entity'' for LMDS licenses as an entity that has average gross 
revenues of less than $40 million in the three previous calendar years. 
An additional classification for ``very small business'' was added and 
is defined as an entity that, together with its affiliates, has average 
gross revenues of not more than $15 million for the preceding calendar 
years. These regulations defining ``small entity'' in the context of 
LMDS auctions have been approved by the SBA. There were 93 winning 
bidders that qualified as small entities in the LMDS auctions. A total 
of 93 small and very small business bidders won approximately 277 A 
Block licenses and 387 B Block licenses. On March 27, 1999, the 
Commission re-auctioned 161 licenses; there were 40 winning bidders. 
Based on this information, we conclude 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 Commission's 
auction rules.
    31. Satellite Master Antenna Television (SMATV) Systems. The SBA 
definition of small entities for Cable and Other Program Distribution 
services includes SMATV services and, thus, small entities are defined 
as all such companies generating $12.5 million or less in annual 
receipts. Industry sources estimate that approximately 5,200 SMATV 
operators were providing service as of December 1995. Other estimates 
indicate that SMATV operators serve approximately 1.5 million 
residential subscribers as of July 2001. The best available estimates 
indicate that the largest SMATV operators serve between 15,000 and 
55,000 subscribers each. Most SMATV operators serve approximately 
3,000-4,000 customers. 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. As noted, supra, for the 
category Cable and Other Program Distribution, most of providers of 
these services are considered small.
    32. Open Video Systems (OVS). Because OVS operators provide 
subscription services, OVS falls within the SBA-recognized definition 
of cable and other program distribution services. This definition 
provides that a small entity is one with $ 12.5 million or less in 
annual receipts. The Commission has certified 25 OVS operators with 
some now providing service. Affiliates of Residential Communications 
Network, Inc. (RCN) received approval to operate OVS systems in New 
York City, Boston, Washington, DC and other areas. RCN has sufficient 
revenues to assure us that they do not qualify as small business 
entities. Little financial information is available for the other 
entities authorized to provide OVS that are not yet operational. Given 
that other entities have been authorized to provide OVS service but 
have not yet begun to generate revenues, we conclude that at least some 
of the OVS operators qualify as small entities.
    33. Electronics Equipment Manufacturers. Rules adopted in this 
proceeding could affect manufacturers of digital transmitting and 
receiving equipment and other types of consumer electronics equipment. 
The SBA has developed definitions of small entity for manufacturers of 
audio and video equipment as well as radio and television broadcasting 
and wireless communications equipment. These categories both include 
all such companies employing 750 or fewer employees. The Commission has 
not developed a definition of small entities applicable to 
manufacturers of electronic equipment used by consumers, as compared to 
industrial use by television licensees and related businesses. 
Therefore, we will utilize the SBA definitions applicable to 
manufacturers of audio and visual equipment and radio and television 
broadcasting and wireless communications equipment, since these are the 
two closest NAICS Codes applicable to the consumer electronics 
equipment manufacturing industry. However, these NAICS categories are 
broad and specific figures are not available as to how many of these 
establishments manufacture consumer

[[Page 69329]]

equipment. Census Bureau data indicates that there are 554 U.S. 
establishments that manufacture audio and visual equipment, and that 
542 of these establishments have fewer than 500 employees and would be 
classified as small entities. The remaining 12 establishments have 500 
or more employees; however, we are unable to determine how many of 
those have fewer than 750 employees and therefore, also qualify as 
small entities under the SBA definition. Under the SBA's regulations, a 
radio and television broadcasting and wireless communications equipment 
manufacturer must also have 750 or fewer employees in order to qualify 
as a small business concern. Census Bureau data indicates that there 
1,215 U.S. establishments that manufacture radio and television 
broadcasting and wireless communications equipment, and that 1,150 of 
these establishments have fewer than 500 employees and would be 
classified as small entities. The remaining 65 establishments have 500 
or more employees; however, we are unable to determine how many of 
those have fewer than 750 employees and therefore, also qualify as 
small entities under the SBA definition. We therefore conclude that 
there are no more than 542 small manufacturers of audio and visual 
electronics equipment and no more than 1,150 small manufacturers of 
radio and television broadcasting and wireless communications equipment 
for consumer/household use.
    34. Computer Manufacturers. The Commission has not developed a 
definition of small entities applicable to computer manufacturers. 
Therefore, we will utilize the SBA definition of electronic computers 
manufacturing. According to SBA regulations, a computer manufacturer 
must have 1,000 or fewer employees in order to qualify as a small 
entity. Census Bureau data indicates that there are 563 firms that 
manufacture electronic computers and of those, 544 have fewer than 
1,000 employees and qualify as small entities. The remaining 19 firms 
have 1,000 or more employees. We conclude that there are approximately 
544 small computer manufacturers.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    35. The R&O contains additional reporting and recordkeeping 
requirements. For example, stations must file an application to either 
flash-cut to digital or for a companion digital channel. Applicants 
proposing digital channels 52-69 must make a certification in their 
application that no suitable channel 2-51 is available. In addition, 
applicants proposing to use digital channel 60-69 must certify that 
they have coordinated the use of their facilities with public safety 
entities. In addition, applicants in mutually exclusive groups may file 
settlements or engineering solutions with the Commission to avoid 
having to go to auction. Without these filings, stations cannot 
participate in the digital television transition. Factors that could 
make the digital transition time consuming are not likely to be related 
to whether the entity is small or large. These requirements will serve 
to promote the overall DTV transition and represent a temporary burden 
on stations. We expect that stations will be able to recoup the cost of 
these filings with advance DTV operation.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    36. 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.
    37. The Commission is aware that many low power licensees, 
including smaller entities, operate with limited budgets. Accordingly, 
every effort was taken to craft rules that impose the least possible 
burden on all licensees, including smaller licensed entities.
    38. The R&O allows low power broadcasters additional time (as 
compared to full-service broadcasters) to transition from analog to 
digital service. The amount of additional time has not yet been 
determined. Allowing additional time for the low power DTV transition 
is less disruptive to low power broadcasters and will minimize 
potential loss of service. The Commission considered making low power 
broadcasters cease operating their analog facilities at the deadline 
applicable to full-service broadcasters but we found that this would 
result in many low power stations being unable to obtain the spectrum 
they needed to accomplish the digital transition. The Commission 
rejected this approach in order to prevent low power broadcasters from 
prematurely flash-cutting to digital and the loss of service that would 
result.
    39. The R&O allows existing broadcasters the first opportunity to 
either flash-cut on their existing analog channel or to apply for a 
digital companion channel. This will provide existing broadcasters the 
flexibility to identify a workable digital channel for operation before 
new broadcasters are allowed to apply for channels. The Commission 
considered allowing applicants to seek new channels at the same time 
that incumbent stations seek companion channels but rejected this 
approach because new channels would use valuable spectrum that must be 
used by incumbent stations to successfully transition to digital.
    40. The R&O concludes that digital flash-cut and companion channel 
applications filed by low power broadcasters are subject to auction 
(except Class A flash-cut applications). The Commission concluded that 
the statute provides the discretion in this case. At the same time, the 
Commission sought to alleviate the burden on all stations by allowing 
all applicants an opportunity to find settlements or engineering 
solutions to avoid having to go to auction. The Commission concluded 
that the settlement opportunity will facilitate the processing of 
applications and permit applicants to avoid having to use limited 
resources to bid for their digital channels.
    41. The R&O allows applicants to seek digital channels between 52-
69 on a limited secondary basis. The Commission found that this 
approach will provide stations with greater flexibility to seek 
channels where a core channel (between 2 and 51) cannot be identified. 
The Commission considered not allowing any additional licensing on 
these channels because of concerns of interference to new wireless and 
public safety users. This approach was rejected because it was found 
that limited use of channels 52-69 was necessary for the successful DTV 
transition of many LPTV and TV translator stations. This will enable 
numerous stations that otherwise could not find a digital channel with 
the opportunity to participate in the digital transition.
    42. The R&O provides stations with the flexibility to choose the 
types of service to provide for their viewers. Translators will be 
limited to rebroadcasting programs and signals of full-service DTV 
stations without alteration to content or video format but may insert 
the types of local messages permitted for analog translators and may 
rebroadcast a DTV signal as an analog

[[Page 69330]]

signal. LPTV stations must provide a free over-the-air video program 
service but have the freedom to use the remainder of their spectrum to 
offer ancillary services on the same basis as full-service DTV stations 
(including 5% fee on gross revenues of feeable services). We considered 
allowing LPTV and TV translator stations to operate without 
restrictions but that proposal was rejected because it would interfere 
with the Commission's overall DTV goals and the rules and policies 
adopted for full-service stations.
    43. The R&O adopts interference rules and methodology to provide 
the needed flexibility for stations to engineer new digital operations 
without undermining established interference protection rights of 
existing broadcasters. The equipment rules will enable stations to use 
much of their existing equipment, thus reducing the overall cost of 
digital implementation. The Commission considered adoption of stricter 
rules but concluded that such rules would interfere with low power 
stations being able to successfully propose and construct new DTV 
facilities and to afford to convert their analog facilities.

F. Federal Rules Which Duplicate, Overlap, or Conflict with the 
Commission's Proposals

    44. None.

G. Report to Congress

    45. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.

Ordering Clauses

    46. It is ordered that pursuant to the authority contained in 
sections 1, 4(i) and (j), 5(c)(1), 7, 301, 302, 303(f), 303(r), 303(u), 
303(w), 303(x), 307, 308, 309, 316, 319, 324, 336(c), 336(f), 337, 
330(b), 330(c), 332(c) of the Communications Act of 1934, 47 U.S.C 151, 
154(i) and (j), 155(c)(1), 157, 301, 302, 303(f), 303(r), 303(u), 
303(w), 303(x), 307, 308, 309, 316, 319, 324, 336(c), 336(f), 337, 
330(b), 330(c), 332(c) that the Commission's rules are hereby amended 
as set forth in the rules changes and shall become effective January 
28, 2005 except Sec. Sec.  73.6027, 74.703, 74.705, 74.707, 74.710, 
74.786 through 74.788, 74.790, and 74.793 through 74.796 of the 
Commission's rules, which contain information collection requirements 
under the Paperwork Reducation Act (PRA) that are not effective until 
approved by the Office of Management and Budget (OMB). Written comments 
by the public on the new and modified information collections are due 
January 28, 2005. The Commission will publish a document in the Federal 
Register announcing the effective date for these rules.
    47. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    48. It is further ordered, that the Commission will send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 73 and 74

    Communications equipment, Reporting and recordkeeping requirements, 
and Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule Changes

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR parts 73 and 74 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.

Subpart J--Class A Television Broadcast Stations

0
2. Section 73.6000 is amended by redesignating paragraph (2) as 
paragraph (3) and adding a new paragraph (2) to read as follows:


Sec.  73.6000  Definitions.

* * * * *
    (2) Produced within the predicted DTV noise-limited contour (see 
Sec.  73.622(e) of this part) of a digital Class A station broadcasting 
the program or within the contiguous predicted DTV noise-limited 
contours of any of the digital Class A stations in a commonly owned 
group; or
* * * * *

0
3. Section 73.6016 is revised to read as follows:


Sec.  73.6016  Digital Class A TV station protection of TV broadcast 
stations.

    Digital Class A TV stations must protect authorized TV broadcast 
stations, applications for minor changes in authorized TV broadcast 
stations filed on or before November 29, 1999, and applications for new 
TV broadcast stations that had been cut-off without competing 
applications or that were the winning bidder in a TV broadcast station 
auction as of that date, or that were the proposed remaining applicant 
in a group of mutually-exclusive applications for which a settlement 
agreement was on file as of that date. This protection must be based on 
meeting the requirements of Sec.  74.793 (b)-(d) and (f) of this 
chapter. An application for DTV operation of an existing Class A TV 
station or to change the facilities of a digital Class A TV station 
will not be accepted if it fails to protect these TV broadcast stations 
and applications pursuant to these requirements.

0
4. Section 73.6017 is revised to read as follows:


Sec.  73.6017  Digital Class A TV station protection of Class A TV and 
digital Class A TV stations.

    An application for digital operation of an existing Class A TV 
station or to change the facilities of a digital Class A TV station 
will not be accepted if it fails to protect authorized Class A and 
digital Class A stations in accordance with the requirements of Sec.  
74.793 (b) through (d) and Sec.  74.793(g) of this chapter. This 
protection must be afforded to applications for changes in other 
authorized Class A and digital Class A stations filed prior to the date 
the digital Class A application is filed.

0
5. Section 73.6018 is revised to read as follows:


Sec.  73.6018  Digital Class A TV station protection of DTV stations.

    Digital Class A TV stations must protect the DTV service that would 
be provided by the facilities specified in the DTV Table of Allotments 
in Sec.  73.622, by authorized DTV stations and by applications that 
propose to expand DTV stations' allotted or authorized coverage contour 
in any direction, if such applications either were filed before 
December 31, 1999 or were filed between December 31, 1999 and May 1, 
2000 by a DTV station licensee or permittee that had notified the 
Commission of its intent to ``maximize'' by December 31, 1999. 
Protection of these allotments, stations

[[Page 69331]]

and applications must be based on meeting the requirements of Sec.  
74.793 (b) through (e) of this chapter. An application for digital 
operation of an existing Class A TV station or to change the facilities 
of a digital Class A TV station will not be accepted if it fails to 
protect these DTV allotments, stations and applications in accordance 
with this section.

0
6. Section 73.6019 is revised to read as follows:


Sec.  73.6019  Digital Class A TV station protection of low power TV, 
TV translator, digital low power TV and digital TV translator stations.

    An application for digital operation of an existing Class A TV 
station or to change the facilities of a digital Class A TV station 
will not be accepted if it fails to protect authorized low power TV, TV 
translator, digital low power TV and digital TV translator stations in 
accordance with the requirements of Sec.  74.793 (b) through (d) and 
(h) of this chapter. This protection must be afforded to applications 
for changes filed prior to the date the digital Class A station is 
filed.

0
7. Section 73.6020 is revised to read as follows:


Sec.  73.6020  Protection of stations in the land mobile radio service.

    An application for digital operation of an existing Class A TV 
station or to change the facilities of an existing Class A TV or 
digital Class A TV station will not be accepted if it fails to protect 
stations in the land mobile radio service pursuant to the requirements 
specified in Sec.  74.709 of this chapter. In addition to the 
protection requirements specified in Sec.  74.709(a) of this chapter, 
Class A TV and digital Class A TV stations must not cause interference 
to land mobile stations operating on channel 16 in New York, NY.
* * * * *

0
8. Section 73.6024 is amended by adding paragraph (d) to read as 
follows:


Sec.  73.6024  Transmission standards and system requirements.

* * * * *
    (d) A digital Class A station must meet the emission requirements 
of Sec.  74.794 of this chapter.

0
9. Section 73.6027 is added to subpart J to read as follows:


Sec.  73.6027  Class A TV notifications concerning interference to 
radio astronomy, research and receiving installations.

    An applicant for digital operation of an existing Class A TV 
station or to change the facilities of an existing Class A TV or 
digital Class A TV station shall be subject to the requirements of 
Sec.  73.1030--Notifications concerning interference to radio 
astronomy, research and receiving installations.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
10. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.


0
11. Section 74.701 is revised by adding paragraphs (j) through (p) to 
read as follows:


Sec.  74.701  Definitions.

* * * * *
    (j) Digital television broadcast translator station (``digital TV 
translator station''). A station operated for the purpose of 
retransmitting the programs and signals of a digital television (DTV) 
broadcast station, without significantly altering any characteristic of 
the original signal other than its frequency and amplitude, for the 
purpose of providing DTV reception to the general public.
    (k) Digital low power TV station (``digital LPTV station''). A 
station authorized under the provisions of this subpart that may 
retransmit the programs and signals of a DTV broadcast station, may 
originate programming in any amount greater than 30 seconds per hour 
for the purpose of providing digital television (DTV) reception to the 
general public and, subject to a minimum video program service 
requirement, may offer services of an ancillary or supplementary 
nature, including subscription-based services. (See Sec.  74.790).
    (l) Digital program origination. For purposes of this part, digital 
program origination shall be any transmissions other than the 
simultaneous retransmission of the programs and signals of a TV or DTV 
broadcast station or transmissions related to service offerings of an 
ancillary or supplementary nature. Origination shall include locally 
generated television program signals and program signals obtained via 
video recordings (tapes and discs), microwave, common carrier circuits, 
or other sources.
    (m) Existing low power television or television translator station. 
When used in subpart G of this part, the terms existing low power 
television and existing television translator station refer to an 
analog or digital low power television station or television translator 
station that is either licensed or has a valid construction permit.
    (n) Suitable in core channel. When used in subpart G of this part, 
the term ``suitable in core channel'' refers to a channel that would 
enable a digital low power television or television translator station 
to produce a protected service area comparable to that of its 
associated analog LPTV or TV translator station.
    (o) Companion digital channel. When used in subpart G of this part, 
the term ``companion digital channel'' refers to a digital channel 
authorized to an existing low power television or television translator 
station to be associated with the station's analog channel.
    (p) Digital conversion channel. When used in subpart G of this 
part, the term ``digital conversion channel'' refers to a channel 
previously authorized to an existing low power television or television 
translator station that has been converted to digital operation.

0
12. Section 74.703 is revised by redesignating paragraphs (f) and (g) 
as paragraphs (h) and (i) and adding new paragraphs (f) and (g) to read 
as follows:


Sec.  74.703  Interference.

* * * * *
    (f) It shall be the responsibility of a digital low power TV or TV 
translator station operating on a channel from channel 52-69 to 
eliminate at its expense any condition of interference caused to the 
operation of or services provided by existing and future commercial or 
public safety wireless licensees in the 700 MHz bands. The offending 
digital LPTV or translator station must cease operations immediately 
upon notification by any primary wireless licensee, once it has been 
established that the digital low power TV or translator station is 
causing the interference.
    (g) An existing or future wireless licensee in the 700 MHz bands 
may notify (certified mail, return receipt requested), a digital low 
power TV or TV translator operating on the same channel or first 
adjacent channel of its intention to initiate or change wireless 
operations and the likelihood of interference from the low power TV or 
translator station within its licensed geographic service area. The 
notice should describe the facilities, associated service area and 
operations of the wireless licensee with sufficient detail to permit an 
evaluation of the likelihood of interference. Upon receipt of such 
notice, the digital LPTV or TV translator licensee must cease operation 
within 120 days unless:
    (1) It obtains the agreement of the wireless licensee to continue 
operations;
    (2) The commencement or modification of wireless service is

[[Page 69332]]

delayed beyond that period (in which case the period will be extended); 
or
    (3) The Commission stays the effect of the interference 
notification, upon request.
* * * * *

0
13. Section 74.705 is amended by revising paragraph (e) to read as 
follows:


Sec.  74.705  TV broadcast analog station protection.

* * * * *
    (e) As an alternative to the preceding paragraphs of 74.705, an 
applicant for a low power TV, TV translator or TV booster may make full 
use of terrain shielding and Longley-Rice terrain dependent propagation 
prediction methods to demonstrate that the proposed facility would not 
be likely to cause interference to TV broadcast stations. Guidance on 
using the Longley-Rice methodology is provided in OET Bulletin No. 69 
(but also see Sec.  74.793(d)). Copies of OET Bulletin No. 69 may be 
inspected during normal business hours at the: Federal Communications 
Commission, CY-C203, 445 12th Street, SW., Reference Information 
Center, Washington, DC 20554. This document is also available through 
the Internet on the FCC Home Page at http://www.fcc.gov.

0
14. Section 74.707 is amended by revising paragraph (e) to read as 
follows:


Sec.  74.707  Low power TV and TV translator station protection.

* * * * *
    (e) As an alternative to the preceding paragraphs of Sec. 74.707, 
an applicant for a low power TV or TV translator station may make full 
use of terrain shielding and Longley-Rice terrain dependent propagation 
prediction methods to demonstrate that the proposed facility would not 
be likely to cause interference to low power TV, TV translator and TV 
booster stations. Guidance on using the Longley-Rice methodology is 
provided in OET Bulletin No. 69 (but also see Sec.  74.793(d)). 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. This document 
is also available through the Internet on the FCC Home Page at http://www.fcc.gov.

0
15. Section 74.710 is added to subpart G to read as follows:


Sec.  74.710  Digital low power TV and TV translator station 
protection.

    (a) An application to construct a new low power TV, TV translator, 
or TV booster station or change the facilities of an existing station 
will not be accepted if it fails to protect an authorized digital low 
power TV or TV translator station or an application for such station 
filed prior to the date the low power TV, TV translator, or TV booster 
application is filed.
    (b) Applications for low power TV, TV translator and TV booster 
stations shall protect digital low power TV and TV translator stations 
pursuant to the following requirements:
    (1) An application must not specify an antenna site within the 
protected contour of a co-channel or adjacent channel digital low power 
TV or TV translator station, as defined in Sec.  74.792.
    (2) The ratio in dB of the field strength of the low power TV, TV 
translator or TV booster station at the protected contour of a co-
channel digital TV or TV translator station must meet the requirements 
specified in Sec.  74.706(d)(1).
    (3) The ratio in dB of the field strength of the low power TV, TV 
translator or TV booster station at the protected contour of a digital 
low power TV or TV translator station on the lower and upper adjacent 
channels must not exceed 49 dB and 48 dB, respectively.
    (4) The analysis used in 74.710 should use the propagation methods 
specified in Sec.  74.706(c).
    (c) As an alternative to the requirements of paragraph (b) of this 
section, an applicant for a low power TV, TV translator or TV booster 
may make full use of terrain shielding and Longley-Rice terrain 
dependent propagation prediction methods to demonstrate that the 
proposed facility would not be likely to cause interference to digital 
low power TV or TV translator stations, as described in Sec.  74.707(e) 
(i.e., reduce the service population by no more than 0.5% within the 
station's protected contour based on the interference thresholds of 
Sec.  73.623(c) of this chapter).

0
16. Section 74.786 is added to read as follows:


Sec.  74.786  Digital channel assignments.

    (a) An applicant for a new low power television or television 
translator digital station or for changes in the facilities of an 
authorized digital station shall endeavor to select a channel on which 
its operation is not likely to cause interference. The applications 
must be specific with regard to the channel requested. Only one channel 
will be assigned each station.
    (b) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may 
be assigned to a VHF digital low power television or television 
translator station. Channels 5 and 6 assigned in Alaska shall not cause 
harmful interference to and must accept interference from non-
Government fixed operation authorized prior to January 1, 1982.
    (c) UHF channels 14 to 36 and 38 to 51 may be assigned to a UHF 
digital low power television or television translator station. In 
accordance with Sec.  73.603(c) of this chapter, Channel 37 will not be 
assigned to such stations.
    (d) UHF Channels 52-59 may be assigned to a digital low power 
television or television translator station for use as a digital 
conversion channel. These channels may also be assigned as a companion 
digital channel if the applicant is able to demonstrate that a suitable 
in core channel is not available. Stations proposing use of such 
channels shall notify all potentially affected 700 MHz wireless 
licensees not later than 30 days prior to the submission of their 
application (FCC Form 346). Applicants shall notify wireless licensees 
of the 700 MHz spectrum comprising the same TV channel and the adjacent 
channel within whose licensed geographic boundaries the digital LPTV or 
translator station is proposed to be located, and also notify licensees 
of co-channel and adjacent channel spectrum whose service boundaries 
lie within 75 miles and 50 miles, respectively, of their proposed 
station location. Specific information for this purpose can be obtained 
from the Commission's auction Web site at http://www.fcc.gov/auctions.
    (e) UHF Channels 60-69 may be assigned to a digital low power 
television or television translator station for use as a digital 
conversion channel only. Stations proposing use of such channels shall 
notify all potentially affect 700 MHz commercial licensees not later 
than 30 days prior to the submission of their application (FCC Form 
346) in the manner provided in paragraph of this section. Stations 
proposing use of channels 63, 64, 68 and 69 must secure a coordinated 
spectrum use agreement with the pertinent 700 MHz public safety 
regional planning committee and state administrator prior to the 
submission of their application (FCC Form 346). Coordination shall be 
undertaken with regional planning committee and state administrator of 
the region and state within which the digital LPTV or translator 
station is proposed to be located, and those of adjoining regions and 
states with boundaries within 75 miles of the proposed station 
location. Stations proposing use of channels 62, 65, and 67 must notify 
the pertinent regional planning committee and state administrator not 
later than 30 days

[[Page 69333]]

prior to the submission of their application (FCC Form 346). 
Notification shall be made to the regional and state administrators of 
region and state within which the digital LPTV or translator station is 
proposed to be located, and those of adjoining regions and states with 
boundaries within 50 miles of the proposed station location. 
Information for this purpose is available at the above web site and 
also at the following internet sites: http://wireless.fcc.gov/publicsafety700MHzregional.html, http://wireless.fcc.gov/publicsafety/700MHz/state.html, and http://wireless.fcc.gov/publicsafety/700MHz/interop-contacts.html.
    (f) Application for new analog low power television or television 
translator stations specifying operation above Channel 51 will not be 
accepted for filing. Applications for displacement relief on channels 
above 51 will continue to be accepted.

0
17. Section 74.787 is added to read as follows:


Sec.  74.787  Digital licensing.

    (a) Applications for digital low power television and television 
translator stations--(1) Applications for digital conversion. 
Applications for digital conversion channels may be filed at any time. 
Such applications shall be filed on FCC Form 346 and will be treated as 
a minor change application. There will be no application fee.
    (2) Applications for companion digital channel. (i) A public notice 
will specify a time period or ``window'' for filing applications for 
companion digital channels. During this window, only existing low power 
television or television translator stations or licensees and 
permittees of Class A TV stations may submit applications for companion 
digital channels. Applications submitted prior to the initial window 
identified in the public notice will be returned as premature. At a 
subsequent time, a public notice will announcement the commencement of 
a filing procedure in which applications will accepted on a first-come, 
first-served basis not restricted to existing station licensees and 
permittees;
    (ii) Applications for companion digital channels filed during the 
initial window shall be filed in accordance with the provisions of 
Sec. Sec.  1.2105 and 73.5002 of this chapter regarding the submission 
of the short-form application, FCC Form 175, and all appropriate 
certifications, information and exhibits contained therein. To 
determine which applicants are mutually exclusive, applicants must 
submit the engineering data contained in FCC Form 346 as a supplement 
to its short-form application. Such engineering data will not be 
studied for technical acceptability, but will be protected from 
subsequently filed applications as of the close of the initial window 
period. Determinations as to the acceptability or grantability of an 
applicant's proposal will not be made prior to an auction;
    (iii) After the close of the initial window, a public notice will 
identify the short-form applications received during the window filing 
period which are found to be mutually exclusive. Such short-form 
applications will be resolved via the Commission's Part 1 and broadcast 
competitive bidding rules, Sec. Sec.  1.2100 et seq., and Sec. Sec.  
73.5000 et seq. of this chapter. Such applicants shall be afforded an 
opportunity to submit settlements and engineering solutions to resolve 
mutual exclusivity pursuant to Sec.  73.5002(d) of this chapter;
    (iv) After the close of the window, a public notice will identify 
short-form applications received that are found to be non-mutually 
exclusive. All non-mutually exclusive applicants will be required to 
submit an FCC Form 346 pursuant to Sec.  73.5005 of this chapter. Such 
applications shall be processed pursuant to Sec.  73.5006 of this 
chapter; and
    (v) With regard to fees, an application (FCC Form 346) for 
companion digital channels shall be treated as a minor change 
application and there will be no application fee.
    (3) Construction permit applications for new stations, major 
changes to existing stations in the low power television service. A 
public notice will specify the date upon which interested parties may 
begin to file applications for new stations and major facilities 
changes to existing stations in the low power television service. It 
will specify parameters for any applications that may be filed. 
Applications submitted prior to date announced by the public notice 
will be returned as premature. Such applications shall be accepted on a 
first-come, first-served basis, and shall be filed on FCC Form 346. 
Applications for new or major change shall be subject to the 
appropriate application fee. Mutually exclusive applications shall be 
resolved via the Commission's part 1 and broadcast competitive bidding 
rules, Sec.  1.2100 et seq., and Sec.  73.5000 et seq. of this chapter. 
Such applicants shall be afforded an opportunity to submit settlements 
and engineering solutions to resolve mutual exclusivity pursuant to 
Sec.  73.5002(d) of this chapter.
    (4) Displacement applications. A digital low power television or 
television translator station which is causing or receiving 
interference or is predicted to cause or receive interference to or 
from an authorized TV broadcast station, DTV station or allotment or 
other protected station or service, may at any time file a displacement 
relief application for change in channel, together with technical 
modifications that are necessary to avoid interference or continue 
serving the station's protected service area, provided the proposed 
transmitter site is not located more than 30 miles from the reference 
coordinates of the existing station's community of license. See Sec.  
76.53 of this chapter. A displacement relief application shall be filed 
on FCC Form 346 and will be considered a minor change and will be 
placed on public notice for a period of not less than 30 days to permit 
the filing of petitions to deny. These applications will not be subject 
to the filing of competing applications. Where a displacement relief 
application for a digital low power television or television translator 
station becomes mutually exclusive the application(s) for new analog or 
digital low power television or television translator stations, with a 
displacement relief application for an analog low power television or 
television translator station, or with other non-displacement relief 
applications for facilities modifications of analog or digital low 
power television or television translator stations, priority will be 
afforded to the displacement application for the digital low power 
television or television translator station to the exclusion of other 
applications. Mutually exclusive displacement relief applications for 
digital low power television and television translator stations shall 
be resolved via the Commission's part 1 and broadcast competitive 
bidding rules, Sec.  1.2100 et seq., and Sec.  73.5000 et seq. of this 
chapter. Such applicants shall be afforded an opportunity to submit 
settlements and engineering solutions to resolve mutual exclusivity 
pursuant to Sec.  73.5002(d) of this chapter.
    (b) Definitions of ``major'' and ``minor'' changes to digital low 
power television and television translator stations. (1) Applications 
for major changes in digital low power television and television 
translator stations include any change in the frequency (output 
channel) not related to displacement relief or transmitting antenna 
location where the protected contour resulting from the change does not 
overlap some portion of the protected contour of the authorized 
facilities of the existing station.
    (2) Other facilities changes will be considered minor.

[[Page 69334]]


0
18. Section 74.788 is added to read as follows:


Sec.  74.788  Digital construction period.

    (a) Each original construction permit for the construction of a new 
digital low power television or television translator station shall 
specify a period of three years from the date of issuance of the 
original construction permit within which construction shall be 
completed and application for license filed.
    (b) Any construction permit for which construction has not been 
completed and for which an application for license or extension of time 
has not been filed, shall be automatically forfeited upon expiration 
without any further affirmative cancellation by the Commission.
    (c) Authority delegated. (1) Authority is delegated to the Chief, 
Media Bureau to grant an extension of time of up to six months beyond 
the relevant construction period for each original construction permit 
upon demonstration by the digital licensee or permittee that failure to 
meet the construction deadline is due to circumstances that are either 
unforeseeable or beyond the licensee's control where the licensee has 
take all reasonable steps to resolve the problem expeditiously.
    (2) Such circumstances shall include, but shall not be limited to:
    (i) 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;
    (ii) The lack of equipment necessary to obtain a digital television 
signal; or
    (iii) Where the cost of construction exceeds the station's 
financial resources.
    (3) 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.
    (4) 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.

0
19. Section 74.789 is added to read as follows:


Sec.  74.789  Broadcast regulations applicable to digital low power 
television and television translator stations.

    The following sections are applicable to digital low power 
television and television translator stations:

Sec.  73.1030 Notifications concerning interference to radio astronomy, 
research and receiving installations.
Sec.  74.600 Eligibility for license.
Sec.  74.703 Interference.
Sec.  74.709 Land mobile station protection.
Sec.  74.732 Eligibility and licensing requirements.
Sec.  74.734 Attended and unattended operation.
Sec.  74.735 Power limitations.
Sec.  74.751 Modification of transmission systems.
Sec.  74.763 Time of operation.
Sec.  74.765 Posting of station and operator licenses.
Sec.  74.769 Copies of rules.
Sec.  74.780 Broadcast regulations applicable to translators, low 
power, and booster stations (except Sec.  73.653--Operation of TV aural 
and visual transmitters and Sec.  73.1201--Station identification).
Sec.  74.781 Station records.
Sec.  74.784 Rebroadcasts.

0
20. Section 74.790 is added to read as follows:


Sec.  74.790  Permissible service of digital TV translator and LPTV 
stations.

    (a) Digital TV translator stations provide a means whereby the 
signals of DTV broadcast stations may be retransmitted to areas in 
which direct reception of such DTV stations is unsatisfactory due to 
distance or intervening terrain barriers.
    (b) Except as provided in paragraph (f) of this section, a digital 
TV translator station may be used only to receive the signals of a TV 
broadcast or DTV broadcast station, another digital TV translator 
station, a TV translator relay station, a television intercity relay 
station, a television STL station, or other suitable sources such as a 
CARS or common carrier microwave station, for the simultaneous 
retransmission of the programs and signals of a TV or DTV broadcast 
station. Such retransmissions may be accomplished by any of the 
following means:
    (1) Reception of TV broadcast or DTV broadcast station programs and 
signals directly through space and conversion to a different channel by 
one of the following transmission modes:
    (i) Heterodyne frequency conversion and suitable amplification, 
subject to a digital output power limit of 30 watts for transmitters 
operating on channels 14-69 and 3 watts for transmitters operating on 
channels 2-13; or
    (ii) Digital signal regeneration (i.e., DTV signal demodulation, 
decoding, error processing, encoding, remodulation, and frequency 
upconversion) and suitable amplification; or,
    (2) Demodulation, remodulation and amplification of TV broadcast or 
DTV broadcast station programs and signals received through a microwave 
transport.
    (c) The transmissions of each digital TV translator station shall 
be intended for direct reception by the general public, and any other 
use shall be incidental thereto. A digital TV translator station shall 
not be operated solely for the purpose of relaying signals to one or 
more fixed receiving points for retransmission, distribution, or 
further relaying.
    (d) Except as provided in (e) and (f) of this section, the 
technical characteristics of the retransmitted signals shall not be 
deliberately altered so as to hinder reception on consumer DTV 
broadcast receiving equipment.
    (e) A digital TV translator station shall not retransmit the 
programs and signals of any TV broadcast or DTV broadcast station(s) 
without the prior written consent of such station(s). A digital TV 
translator may multiplex on its output channel the video program 
services of two or more TV broadcast and/or DTV broadcast stations, 
pursuant to arrangements with all affected stations, and for this 
limited purpose, is permitted to alter a TV broadcast and/or DTV 
broadcast signal.
    (f) A digital TV translator station may transmit locally originated 
visual and/or aural messages limited to emergency warnings of imminent 
danger, to local public service announcements (PSAs) and to seeking or 
acknowledging financial support deemed necessary to the continued 
operation of the station. Acknowledgments of financial support may 
include identification of the contributors, the size and nature of the 
contribution and the advertising messages of the contributors. The 
originations concerning financial support and PSAs are limited to 30 
seconds each, no more than once per hour. Emergency transmissions shall 
be no longer or more frequent than necessary to protect life and 
property. Such originations may be accomplished by any technical means 
agreed upon between the TV translator and DTV station whose signal is 
being retransmitted, but must be capable of being received on consumer 
DTV broadcast reception equipment. A digital TV translator shall 
modify, as necessary to avoid DTV reception tuning conflicts, the 
Program System and Information Protocol (PSIP) information in the DTV 
broadcast signal being retransmitted.
    (g) A digital LPTV station may operate under the following modes of 
service:
    (1) For the retransmission of programming of a TV broadcast or DTV

[[Page 69335]]

broadcast station, subject to the prior written consent of the station 
whose signal is being retransmitted;
    (2) For the origination of programming and commercial matter as 
defined in Sec.  74.701(l).
    (3) Whenever operating, a digital LPTV station must transmit an 
over-the-air video program signal at no direct charge to viewers at 
least comparable in resolution to that of its associated analog (NTSC) 
LPTV station or, in the case of an on-channel digital conversion, that 
of its former analog LPTV station.
    (4) A digital LPTV station may dynamically alter the bit stream of 
its signal to transmit one or more video program services in any 
established DTV video format.
    (h) A digital LPTV station is not subject to minimum required hours 
of operation and may operate in either of the two modes described in 
paragraph (g) of this section for any number of hours.
    (i) Upon transmitting a signal that meets the requirements of 
paragraph (g)(3) of this section, a digital LPTV station may offer 
services of any nature, consistent with the public interest, 
convenience, and necessity, on an ancillary or supplementary basis in 
accordance with the provisions of Sec.  73.624(c) and (g) of this 
chapter.
    (j) A digital LPTV station may not be operated solely for the 
purpose of relaying signals to one or more fixed receiving points for 
retransmission, distribution or relaying.
    (k) A digital LPTV station may receive input signals for 
transmission or retransmission by any technical means, including those 
specified in paragraph (b) of this section.

0
21. Section 74.791 is added to read as follows:


Sec.  74.791  Digital call signs.

    (a) Digital low power stations. Call signs for digital low power 
stations will be made up of a prefix consisting of the initial letter K 
or W followed by the channel number assigned to the station and two 
additional letters and a suffix consisting of the letters -D.
    (b) Digital television translator stations. Call signs for digital 
television translator stations will be made up of a prefix consisting 
of the initial letter K or W followed by the channel number assigned to 
the station and two additional letters and a suffix consisting of the 
letter -D.
    (c) Digital low power television stations and Class A television 
stations. Digital low power television and Class A television stations 
may be assigned a call sign with a four-letter prefix pursuant to Sec.  
73.3550 of the Commission's rules. Digital low power stations with 
four-letter prefixes will be assigned the suffix -LD and digital Class 
A stations with four-letter prefixes will be assigned the suffix -CD.

0
22. Section 74.792 is added to read as follows:


Sec.  74.792  Digital low power TV and TV translator station protected 
contour.

    (a) A digital low power TV or TV translator will be protected from 
interference from other low power TV, TV translator, Class A TV or TV 
booster stations or digital low power TV, TV translator or Class A TV 
stations within the following predicted contours:
    (1) 43 dBu for stations on Channels 2 through 6;
    (2) 48 dBu for stations on Channels 7 through 13; and
    (3) 51 dBu for stations on Channels 14 through 69.
    (b) The digital low power TV or TV translator protected contour is 
calculated from the authorized effective radiated power and antenna 
height above average terrain, using the F(50,90) signal propagation 
method specified in Sec.  73.625(b)(1) of this chapter.

0
23. Section 74.793 is added to read as follows:


Sec.  74.793  Digital low power TV and TV translator station protection 
of broadcast stations.

    (a) An application to construct a new digital low power TV or TV 
translator station or change the facilities of an existing station will 
not be accepted if it fails to meet the interference protection 
requirements in this section.
    (b) Except as provided in this section, interference prediction 
analysis is based on the interference thresholds (D/U signal strength 
ratios) and other criteria and methods specified in Sec.  73.623(c)(2) 
through (c)(4) of this chapter. Predictions of interference to co-
channel DTV broadcast, digital Class A TV, digital LPTV and digital TV 
translator stations will be based on the interference thresholds 
specified therein for ``DTV-into-DTV.'' Predictions of interference to 
co-channel TV broadcast, Class A TV, LPTV and TV translator stations 
will be based on the interference threshold specified for ``DTV-into-
analog TV.'' Predictions of interference to TV broadcast, Class A TV, 
LPTV and TV translator stations with the following channel 
relationships to a digital channel will be based on the threshold 
values specified for ``Other Adjacent Channels (Channels 14-69 only),'' 
where N is the analog channel: N-2, N+2, N-3, N+3, N-4, N+4, N-7 , N+7, 
N-8, N+8, N+14, and N+15.
    (c) The following D/U signal strength ratios (dB) shall apply to 
the protection of stations on the first adjacent channel. The D/U 
ratios for ``Digital TV-into-analog TV'' shall apply to the protection 
of TV broadcast, Class A TV, LPTV and TV translator stations. The D/U 
ratios for ``Digital TV-into-digital TV'' shall apply to the protection 
of DTV, digital Class A TV, digital LPTV and digital TV translator 
stations. The D/U ratios correspond to the digital LPTV or TV 
translator station's specified out-of-channel emission mask.

------------------------------------------------------------------------
                                                   Simple     Stringent
                                                    mask         mask
------------------------------------------------------------------------
Digital TV-into-analog TV.....................           10            0
Digital TV-into-digital TV....................           -7          -12
------------------------------------------------------------------------

    (d) For analysis of predicted interference from digital low power 
TV and TV translator stations, the relative field strength values of 
the assumed antenna vertical radiation pattern in Table 8 in OET 
Bulletin 69 shall be doubled up to a value of 1.0.
    (e) Protection to the authorized facilities of DTV broadcast 
stations shall be based on not causing predicted interference to the 
population within the service area defined and described in Sec.  
73.622(e) of this chapter, except that a digital low power TV or TV 
translator station must not cause a loss of service to 0.5 percent or 
more of the population predicted to receive service from the authorized 
DTV facilities.
    (f) Protection to the authorized facilities of TV broadcast 
stations shall be based on not causing predicted interference to the 
population within the Grade B field strength contours defined and 
described in Sec.  73.683 of this chapter, except that a digital low 
power TV or TV translator station must not cause a loss of service to 
0.5 percent or more of the population predicted to receive service from 
the authorized TV broadcast facilities.
    (g) Protection to the authorized facilities of Class A and digital 
Class A TV stations shall be based on not causing predicted 
interference to the population within the service area defined and 
described in Sec.  73.6010 (a) through (d) of this chapter, 
respectively, except that a digital low power TV or TV translator 
station must not cause a loss of service to 0.5 percent or more of the 
population predicted to receive service from the authorized Class A TV 
or digital Class A TV facilities.
    (h) Protection to the authorized facilities of low power TV and TV

[[Page 69336]]

translator stations and digital low power TV and TV translator stations 
shall be based on not causing predicted interference to the population 
within the service area defined and described in Sec. Sec.  74.707(a) 
and 74.792, respectively, except that a digital low power TV or TV 
translator station must not cause a loss of service to 2.0 percent or 
more of the population predicted to receive service from the authorized 
low power TV, TV translator, digital low power TV or digital TV 
translator station.

0
24. Section 74.794 is added to read as follows:


Sec.  74.794  Digital emissions.

    (a)(1) An applicant for a digital LPTV or TV translator station 
construction permit shall specify that the station will be constructed 
to confine out-of-channel emissions within one of the following 
emission masks: simple or stringent.
    (2) The power level of emissions on frequencies outside the 
authorized channel of operation must be attenuated no less than 
following amounts below the average transmitted power within the 
authorized 6 MHz channel. In the mask specifications listed in Sec.  
74.794(a)(2) and (a)(3), A is the attenuation in dB and [Delta]f is the 
frequency difference in MHz from the edge of the channel.
    (i) Simple mask. At the channel edges, emissions must be attenuated 
no less than 46 dB. More than 6 MHz from the channel edges, emissions 
must be attenuated no less than 71 dB. At any frequency between 0 and 6 
MHz from the channel edges, emissions must be attenuated no less than 
the value determined by the following formula:

A (dB) = 46 + ([Delta]f<SUP>2</SUP> /1.44)

    (ii) Stringent mask. In the first 500 kHz from the channel edges, 
emissions must be attenuated no less than 47 dB. More than 3 MHz from 
the channel edges, emissions must be attenuated no less than 76 dB. At 
any frequency between 0.5 and 3 MHz from the channel edges, emissions 
must be attenuated no less than the value determined by the following 
formula:

A(dB) = 47 + 11.5 ([Delta]f-0.5)

    (3) The attenuation values for the simple and stringent emission 
masks are based on a measurement bandwidth of 500 kHz. Other 
measurement bandwidths may be used and converted to the reference 500 
kHz value by the following formula:

A(dB) = A<INF>alternate</INF> + 10 log (BW<INF>alternate</INF> / 500)

where A(dB) is the measured or calculated attenuation value for the 
reference 500 kHz bandwidth, and A<INF>alternate</INF> is the measured 
or calculated attenuation for a bandwidth BW<INF>alternate</INF>. 
Emissions include sidebands, spurious emissions and radio harmonics. 
Attenuation is to be measured at the output terminals of the 
transmitter (including any filters that may be employed). In the event 
of interference caused to any service by out-of-channel emissions, 
greater attenuation may be required.
    (b) In addition to meeting the emission attenuation requirements of 
the simple or stringent mask (including attenuation of radio frequency 
harmonics), digital low power TV and TV translator stations authorized 
to operate on TV channels 22-24, (518-536 MHz), 32-36 (578-608 MHz), 38 
(614-620 MHz), and 65-69 (776-806 MHz) must provide specific ``out of 
band'' protection to Radio Navigation Satellite Services in the bands: 
L5 (1164-1215 MHz); L2 (1215-1240 MHz) and L1 (1559-1610 MHz).
    (1) An FCC-certificated transmitter specifically certified for use 
on one or more of the above channels must include filtering with an 
attenuation of not less than 85 dB in the GPS bands, which will have 
the effect of reducing harmonics in the GPS bands from what is produced 
by the digital transmitter, and this attenuation must be demonstrated 
as part of the certification application to the Commission.
    (2) For an installation on one of the above channels with a digital 
transmitter not specifically FCC-certificated for the channel, a low 
pass filter or equivalent device rated by its manufacturer to have an 
attenuation of at least 85 dB in the GPS bands, which will have the 
effect of reducing harmonics in the GPS bands from what is produced by 
the digital transmitter, and must be installed in a manner that will 
prevent the harmonic emission content from reaching the antenna. A 
description of the low pass filter or equivalent device with the 
manufacturer's rating or a report of measurements by a qualified 
individual shall be retained with the station license. Field 
measurements of the second or third harmonic output of a transmitter so 
equipped are not required.

0
25. Section 74.795 is added to read as follows:


Sec.  74.795  Digital low power TV and TV translator transmission 
system facilities.

    (a) A digital low power TV or TV translator station shall operate 
with a transmitter that is either certificated for licensing based on 
the following provisions or has been modified for digital operation 
pursuant to Sec.  74.796.
    (b) The following requirements must be met before digital low power 
TV and TV translator transmitter will be certificated by the FCC:
    (1) The transmitter shall be designed to produce digital television 
signals that can be satisfactorily viewed on consumer receiving 
equipment based on the digital broadcast television transmission 
standard in Sec.  73.682(d) of this chapter;
    (2) Emissions on frequencies outside the authorized channel, 
measured at the output terminals of the transmitter (including any 
filters that may be employed), shall meet the requirements of Sec.  
74.794, as applicable;
    (3) The transmitter shall be equipped to display the digital power 
output (i.e., average power over a 6 MHz channel) and shall be designed 
to prevent the power output from exceeding the maximum rated power 
output under any condition;
    (4) When subjected to variations in ambient temperature between 0 
and 40 degrees Centigrade and variations in power main voltage between 
85% and 115% of the rated power supply voltage, the frequency stability 
of the local oscillator in the RF channel upconverter shall be 
maintained within 10 kHz of the nominal value; and
    (5) The transmitter shall be equipped with suitable meters and 
jacks so that appropriate voltage and current measurements may be made 
while the transmitter is in operation.
    (c) The following additional requirements apply to digital 
heterodyne translators:
    (1) The maximum rated power output (digital average power over a 6 
MHz channel) shall not exceed 30 watts for transmitters operating on 
channels 14-69 and 3 watts for transmitters operating on channels 2-13; 
and
    (2) The transmitter shall contain circuits which will maintain the 
digital average power output constant within 1 dB when the strength of 
the input signal is varied over a range of 30 dB.
    (d) Certification will be granted only upon a satisfactory showing 
that the transmitter is capable of meeting the requirements of 
paragraph (b) of this section, pursuant to the procedures described in 
Sec.  74.750(e).

0
26. Section 74.796 is added to read as follows:


Sec.  74.796  Modification of digital transmission systems and analog 
transmission systems for digital operation.

    (a) The provisions of Sec.  74.751 shall apply to the modification 
of digital low power TV and TV translator transmission systems and the 
modification of existing analog

[[Page 69337]]

transmission systems for digital operation.
    (b) The following additional provisions shall apply to the 
modification of existing analog transmissions systems for digital 
operation, including installation of manufacturers' certificated 
equipment (``field modification kits'') and custom modifications.
    (1) The modifications and related performance-testing shall be 
undertaken by a person or persons qualified to perform such work.
    (2) The final amplifier stage of an analog transmitter modified for 
digital operation shall not have an ``average digital power'' output 
greater than 25 percent of its previous NTSC peak sync power output, 
unless the amplifier has been specifically refitted or replaced to 
operate at a higher power.
    (3) Analog heterodyne translators, when modified for digital 
operation, will produce a power output (digital average power over the 
6 MHz channel) not exceeding 30 watts for transmitters operating on 
channels 14-69 and 3 watts for transmitters operating on channels 2-13.
    (4) After completion of the modification, suitable tests and 
measurements shall be made to demonstrate compliance with the 
applicable requirements in this section including those in Sec.  
74.795. Upon installation of a field modification kit, the transmitter 
shall be performance-tested in accordance with the manufacturer's 
instructions.
    (5) The station licensee shall notify the Commission upon 
completion of the transmitter modifications. In the case of custom 
modifications (those not related to installation of manufacturer-
supplied and FCC-certificated equipment), the licensee shall certify 
compliance with all applicable transmission system requirements.
    (6) The licensee shall maintain with the station's records for a 
period of not less than two years the following information and make 
this information to the Commission upon request:
    (i) A description of the modifications performed and performance 
tests or, in the case of installation of a manufacturer-supplied 
modification kit, a description of the nature of the modifications, 
installation and test instructions and other material provided by the 
manufacturer;
    (ii) Results of performance-tests and measurements on the modified 
transmitter; and
    (iii) Copies of related correspondence with the Commission.
    (c) In connection with the on-channel conversion of existing analog 
transmitters for digital operation, a limited allowance is made for 
transmitters with final amplifiers that do not meet the attenuation of 
the Simple emission mask at the channel edges. Station licensees may 
obtain equivalent compliance with this attenuation requirement in the 
following manner:
    (1) Measure the level of attenuation of emissions below the average 
digital power output at the channel edges in a 500 kHz bandwidth; 
measurements made over a different measurement bandwidth should be 
corrected to the equivalent attenuation level for a 500 kHz bandwidth 
using the formula given in Sec.  74.794;
    (2) Calculate the difference in dB between the 46 dB channel-edge 
attenuation requirement of the Simple mask;
    (3) Subtract the value determined in the previous step from the 
authorized effective radiated power (``ERP'') of the analog station 
being converted to digital operation. Then subtract an additional 6 dB 
to account for the approximate difference between analog peak and 
digital average power. For this purpose, the ERP must be expressed in 
decibels above one kilowatt: ERP(dBk) = 10 log ERP(kW);
    (4) Convert the ERP calculated in the previous step to units of 
kilowatts; and
    (5) The ERP value determined through the above procedure will 
produce equivalent compliance with the attenuation requirement of the 
simple emission mask at the channel edges and should be specified as 
the digital ERP in the minor change application for an on-channel 
digital conversion. The transmitter may not be operated to produce a 
higher digital ERP than this value.

[FR Doc. 04-25742 Filed 11-26-04; 8:45 am]
BILLING CODE 6712-01-P


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