Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 69325

substances, Reporting and 

recordkeeping requirements.

Dated: November 18, 2004. 

Michael O. Leavitt, 

Administrator.

■ For the reasons set out in the preamble, 

part 63, title 40, chapter I of the Code of 

Federal Regulations is amended as 

follows:

PART 63—[AMENDED]

■ 1. The authority citation for part 63 

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart C—[AMENDED]

■ 2. Subpart C is amended by adding 

§ 63.63 to read as follows:

§ 63.63 Deletion of ethylene glycol 

monobutyl ether from the list of hazardous 

air pollutants. 

The substance ethylene glycol 

monobutyl ether (EGBE,2-

Butoxyethanol) (CAS Number 111–76–

2) is deleted from the list of hazardous 

air pollutants established by 42 U.S.C. 

7412(b)(1).

[FR Doc. 04–26071 Filed 11–26–04; 8:45 am] 

BILLING CODE 6560–50–P

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.

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 §§ 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, Shaun.Maher@fcc.gov,

(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 Leslie.Smith@fcc.gov.

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 Leslie.Smith @fcc.gov.

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 

Brian.Millin@fcc.gov

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 

69326 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 

(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 Leslie.Smith @fcc.gov,

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. 

LaLonde@omb.eop.gov, 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; 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 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 

69328 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 

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 reauctioned 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 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 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 flashcut 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 

69330 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 

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 §§ 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

■ 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

■ 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

■ 2. Section 73.6000 is amended by 

redesignating paragraph (2) as paragraph 

(3) and adding a new paragraph (2) to 

read as follows:

§ 73.6000 Definitions.

* * * * *

(2) Produced within the predicted 

DTV noise-limited contour (see

§ 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

* * * * *

■ 3. Section 73.6016 is revised to read as 

follows:

§ 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 § 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.

■ 4. Section 73.6017 is revised to read as 

follows:

§ 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 § 74.793 (b) through (d) 

and § 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.

■ 5. Section 73.6018 is revised to read as 

follows:

§ 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 

§ 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 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 69331

and applications must be based on 

meeting the requirements of § 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.

■ 6. Section 73.6019 is revised to read as 

follows:

§ 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 

§ 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.

■ 7. Section 73.6020 is revised to read as 

follows:

§ 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 § 74.709 of this chapter. In addition 

to the protection requirements specified 

in § 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.

* * * * *

■ 8. Section 73.6024 is amended by 

adding paragraph (d) to read as follows:

§ 73.6024 Transmission standards and 

system requirements.

* * * * *

(d) A digital Class A station must 

meet the emission requirements of 

§ 74.794 of this chapter.

■ 9. Section 73.6027 is added to subpart 

J to read as follows:

§ 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 

§ 73.1030—Notifications concerning 

interference to radio astronomy, 

research and receiving installations.

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES

■ 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.

■ 11. Section 74.701 is revised by adding 

paragraphs (j) through (p) to read as 

follows:

§ 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

§ 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.

■ 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:

§ 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 

69332 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 

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.

* * * * *

■ 13. Section 74.705 is amended by 

revising paragraph (e) to read as follows:

§ 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

§ 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.

■ 14. Section 74.707 is amended by 

revising paragraph (e) to read as follows:

§ 74.707 Low power TV and TV translator 

station protection.

* * * * *

(e) As an alternative to the preceding 

paragraphs of §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

§ 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.

■ 15. Section 74.710 is added to subpart 

G to read as follows:

§ 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 § 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 

§ 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 § 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 

§ 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 

§ 73.623(c) of this chapter).

■ 16. Section 74.786 is added to read as 

follows:

§ 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 § 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 cochannel 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 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 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.

■ 17. Section 74.787 is added to read as 

follows:

§ 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 §§ 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, §§ 1.2100 et seq., and §§ 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 § 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 nonmutually exclusive applicants will be 

required to submit an FCC Form 346 

pursuant to § 73.5005 of this chapter. 

Such applications shall be processed 

pursuant to § 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, § 1.2100 et seq., and § 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 § 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 § 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, § 1.2100 et seq., and § 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 § 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.

69334 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 

■ 18. Section 74.788 is added to read as 

follows:

§ 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.

■ 19. Section 74.789 is added to read as 

follows:

§ 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:

§ 73.1030 Notifications concerning 

interference to radio astronomy, 

research and receiving installations. 

§ 74.600 Eligibility for license. 

§ 74.703 Interference. 

§ 74.709 Land mobile station 

protection. 

§ 74.732 Eligibility and licensing 

requirements. 

§ 74.734 Attended and unattended 

operation. 

§ 74.735 Power limitations. 

§ 74.751 Modification of transmission 

systems. 

§ 74.763 Time of operation. 

§ 74.765 Posting of station and 

operator licenses. 

§ 74.769 Copies of rules. 

§ 74.780 Broadcast regulations 

applicable to translators, low 

power, and booster stations (except 

§ 73.653—Operation of TV aural 

and visual transmitters and 

§ 73.1201—Station identification). 

§ 74.781 Station records. 

§ 74.784 Rebroadcasts.

■ 20. Section 74.790 is added to read as 

follows:

§ 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 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 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 § 74.701(l). 

(3) Whenever operating, a digital 

LPTV station must transmit an over-theair 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 

§ 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.

■ 21. Section 74.791 is added to read as 

follows:

§ 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 § 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.

■ 22. Section 74.792 is added to read as 

follows:

§ 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 

§ 73.625(b)(1) of this chapter.

■ 23. Section 74.793 is added to read as 

follows:

§ 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 § 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-intoanalog 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-ofchannel emission mask.

Simple

mask 

Stringent

mask 

Digital TV-intoanalog TV ...... 10 0 

Digital TV-intodigital 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 § 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 § 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 § 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 

69336 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 

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 §§ 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.

■ 24. Section 74.794 is added to read as 

follows:

§ 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 

§ 74.794(a)(2) and (a)(3), A is the 

attenuation in dB and Df 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 + (Df2 /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 (Df–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) = Aalternate + 10 log (BWalternate / 

500) 

where A(dB) is the measured or 

calculated attenuation value for the 

reference 500 kHz bandwidth, and 

Aalternate is the measured or calculated 

attenuation for a bandwidth BWalternate. 

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 FCCcertificated 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.

■ 25. Section 74.795 is added to read as 

follows:

§ 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 § 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 § 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 § 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 § 74.750(e).

■ 26. Section 74.796 is added to read as 

follows:

§ 74.796 Modification of digital 

transmission systems and analog 

transmission systems for digital operation. 

(a) The provisions of § 74.751 shall 

apply to the modification of digital low 

power TV and TV translator 

transmission systems and the 

modification of existing analog 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Rules and Regulations 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 § 74.795. Upon 

installation of a field modification kit, 

the transmitter shall be performancetested 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 § 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 onchannel 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