Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81491 

certification, the Commission may take 

action on the application. 

* * * * * 

(k) * * * 

(4) Certifying that for applications for 

a license to construct and operate a 

submarine cable system or to modify the 

construction of a previously approved 

submarine cable system the applicant is 

not required to submit a consistency 

certification to any state pursuant to 

section 1456(c)(3)(A) of the Coastal 

Zone Management Act (CZMA), 16 

U.S.C. 1456. 

Note to paragraph (k)(4) —Streamlining of 

cable landing license applications will be 

limited to those applications where all 

potentially affected states, having 

constructive notice that the application was 

filed with the Commission, have waived, or 

are deemed to have waived, any section 

1456(c)(3)(A) right to review the application 

within the thirty-day period prescribed by 15 

CFR 930.54. 

[FR Doc. 2010–32490 Filed 12–27–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[ET Docket No. 06–94; FCC 10–195] 

Digital Television Signals Pursuant to 

the Satellite Home Viewer Extension 

and Reauthorization Act of 2004 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document the 

Commission amends its rules to include 

measurement procedures for 

determining the strength of a digital 

broadcast television (DTV) signal at any 

specific location. These procedures will 

be used for determining whether 

households are eligible to receive 

distant DTV network signals 

retransmitted by satellite carriers, 

pursuant to the provisions of the 

Satellite Television Extension and 

Localism Act of 2010 (STELA). 

DATES: Effective January 27, 2011, 

except for amendment to § 73.686(e), 

which contains information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for that amendment. 

FOR FURTHER INFORMATION CONTACT: Ira 

Keltz, Office of Engineering and 

Technology, (202) 418–0616, e-mail: 

Ira.Keltz@fcc.gov, TTY (202) 418–2989. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, ET Docket No. 06–94, FCC 

10–195, adopted November 22, 2010 

and released November 23, 2010. The 

full text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

complete text of this document also may 

be purchased from the Commission’s 

copy contractor, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room, CY– 

B402, Washington, DC 20554. The full 

text may also be downloaded at: 

www.fcc.gov. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Summary of Report and Order 

1. In accordance with the provisions 

of the STELA, the Commission amends 

its rules to include measurement 

procedures for determining the strength 

of a digital broadcast television (DTV) 

signal at any specific location. These 

procedures will be used for determining 

whether households are eligible to 

receive distant DTV network signals 

retransmitted by satellite carriers, 

pursuant to the provisions of the 

Satellite Television Extension and 

Localism Act of 2010 (STELA). The 

Report and Order implements DTV 

signal measurement procedures 

proposed in the Commission’s Notice of 

Proposed Rulemaking (SHVERA NPRM), 

75 FR 46885, August 4, 2010, and 

Further Notice of Proposed Rulemaking 

(STELA FNRPM) in this proceeding with 

minor modifications. The rules adopted 

herein were developed based on our 

recommendations in the SHVERA 

Report and comments received in 

response to the SHVERA NPRM and the 

STELA FNPRM. They largely rely on 

existing proven methods the 

Commission has already established for 

measuring analog television signal 

strength at any individual location, as 

set forth in § 73.686(d) of the existing 

rules, but include modifications as 

necessary to accommodate the inherent 

differences between analog and digital 

TV signals. The new digital signal 

measurement procedures include 

provisions for the location of the 

measurement antenna, antenna height, 

signal measurement method, antenna 

orientation and polarization, and data 

recording. 

2. On December 2004, Congress 

enacted the Satellite Home Viewer 

Extension and Reauthorization Act of 

2004 (SHVERA), which amended the 

Copyright Act and the Communications 

Act to further aid the competitiveness of 

satellite carriers and expand program 

offerings for satellite TV subscribers 

while protecting localism. The SHVERA 

included new provisions for distant 

digital signal reception and amended 

section 339 of the Communications Act 

and section 119 of the Copyright Act to 

provide three methods by which a 

subscriber can establish eligibility to 

receive such signals. First, a subscriber 

would be eligible to receive the distant 

digital signal of a particular network if 

his or her household was predicted by 

the Satellite Home Viewer Act (SHVA) 

ILLR model to be unserved by the overthe-air analog signal of any affiliate of 

that network (not necessarily the local 

affiliate). Second, a subscriber whose 

household was predicted to be served 

by a local station’s analog signal could 

request an on-site signal strength test to 

determine if his or her household is 

unable to receive that station’s digital 

signal. Third, a satellite subscriber 

could receive distant digital signals if 

the television network station granted a 

waiver to allow satellite retransmission 

of the relevant network from a distant 

station. 

3. Section 204 of the SHVERA also 

directed the Commission to conduct an 

inquiry regarding whether the 

Commission’s digital TV signal strength 

standards and signal measurement 

procedures for determining if a 

household is ‘‘unserved’’ by local signals 

should be revised. Section 204 of 

SHVERA further directed the 

Commission to provide Congress with a 

Report on its findings and 

recommendations for any revisions that 

might be necessary for implementing 

DTV measurement standards and 

procedures. Pursuant to this 

requirement, the Commission issued a 

Notice of Inquiry and, on December 8, 

2005, issued the SHVERA Report to 

Congress that, in relevant part, stated 

that the Commission generally believes 

that the digital television measurement 

procedures should be similar to the 

Commission’s current procedures for 

measuring the field strength of analog 

television stations in § 73.686(d) of the 

rules, but with certain modifications to 

address the differences between analog 

and digital TV signals. The Commission 

also stated that no changes are needed 

to the digital television field strength 

standards and/or planning factors for 


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81492 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

purposes of determining whether a 

household is eligible to receive 

retransmitted distant network television 

signals. 

4. The Commission subsequently 

adopted the SHVERA NPRM, 75 FR 

46885, August 4, 2010, in which it 

proposed measurement standards for 

digital television signals as 

recommended in the SHVERA Report. 

The Commission specified that it would 

rely on the proposed DTV measurement 

procedures for evaluating DTV signal 

strength pending the adoption of final 

rules. These interim procedures have 

been in effect since adoption of the 

SHVERA NPRM in April, 2006, and to 

date the Commission has not received 

any reports of problems or difficulties 

with their use. 

5. The Satellite Television Extension 

and Localism Act of 2010 (STELA) 

retains the SHVERA framework of three 

methods for establishing subscriber 

eligibility to receive distant digital 

signals: Predictive model; on-site 

testing; and waiver. Following the 

STELA’s enactment, the Commission 

adopted the STELA FNPRM to address 

provisions of the STELA regarding the 

second method, digital signal 

measurement procedures. The 

Commission explained in the STELA 

FNPRM that the STELA raised three 

new issues not addressed in the 

SHVERA NPRM: (1) Which station 

signals are to be measured; (2) what type 

of antenna is to be used in performing 

on-location testing; and (3) which 

program stream from a station in the 

local market is to be measured. The 

Commission sought comment on these 

issues and more generally to refresh the 

record in response to the SHVERA 

NPRM. 

6. Stations to be Tested. The 

Commission adopts its proposal that 

measurements for distant network signal 

eligibility only include stations located 

within the same DMA as the satellite 

subscriber’s household. The STELA 

differs from the SHVIA and SHVERA in 

that it specifies that only ‘‘local’’ 

stations, i.e., stations located within the 

same DMA as the subscriber’s 

household, are to be considered in 

determining a subscriber’s eligibility. 

Under the SHVIA, Congress defined an 

‘‘unserved household,’’ with respect to a 

particular television network, to mean 

‘‘a household that— cannot receive 

* * * an over-the-air signal of a primary 

network station affiliated with that 

network * * *’’ This definition was not 

altered in the SHVERA. However, in the 

STELA, Congress modified the 

definition of an ‘‘unserved household’’ 

to mean a household that ‘‘cannot 

receive * * * an over-the-air signal 

containing the primary stream, or * * * 

the multicast stream, originating in that 

household’s local market and affiliated 

with that network * * *’’ Under the 

rules for analog TV measurements, a 

testing entity had to measure the signals 

of all stations affiliated with a specific 

network. However, under the STELA, a 

testing entity is to consider only the 

signals of those network-affiliated 

stations that are located in the same 

DMA as the satellite subscriber. Thus, 

the Commission proposed in the STELA 

FNPRM to modify its proposed rules for 

measurement of DTV signals for 

purposes of determining eligibility for 

delivery of distant network signals by 

satellite providers to incorporate this 

change. The Commission did not 

receive any comment on this issue and 

accordingly adopts its proposals 

without change. The Commission noted 

that, consistent with section 204(b)(2) of 

the STELA, this rule change could 

reduce burdens on both testers and 

consumers as fewer stations would need 

to be tested, potentially resulting in 

lower costs for consumers and saving 

time. 

7. Indoor Measurements. The 

Commission adopted its proposal to 

continue to rely on an outdoor signal 

intensity test for purposes of 

determining subscriber eligibility to 

receive distant network signals. The 

current measurement rules for analog 

signals specify the use of an outdoor 

antenna, consistent with the provisions 

of the SHVERA. The STELA modified 

the statute’s wording to replace the term 

‘‘conventional, stationary, outdoor 

rooftop receiving antenna’’ with the term 

‘‘antenna.’’ In light of the amended 

statutory language, we invited comment 

on the potential use of moveable indoor 

antennas in our digital signal 

measurement procedures, but for several 

reasons declined to propose rules for 

indoor measurements. First, in the 

SHVERA Report, the Commission 

concluded that many factors, including 

the performance expected of an indoor 

antenna, the placement of the antenna, 

and the location within a structure or 

room where the antenna is located make 

it difficult to develop an indoor 

television signal measurement 

procedure that will provide accurate, 

reliable and repeatable results. There are 

no standard models or planning factors 

for indoor reception, and in particular 

there is no standard antenna 

specification for such reception. The 

wide variation in indoor viewing 

situations makes it difficult to specify a 

standard model that meaningfully 

relates to any typical indoor viewing 

location. In addition, the performance of 

indoor antennas available to consumers 

varies significantly. Second, signal 

strengths typically vary significantly at 

different locations within a room and in 

different rooms such that it is not 

apparent where the measurement 

antenna should be placed. In light of 

these considerations, the Commission 

requested comments in the STELA 

FNPRM on alternative approaches for 

making eligibility determinations in 

situations where consumers are not able 

to use an outdoor antenna to receive 

local television signals. It also noted 

that the signal intensity standard in 

§ 73.622(e)(1), which specifies the signal 

level that constitutes service, assumes 

an outdoor antenna, as it relies on the 

methodology of the Commission’s OET 

Bulletin No. 69, which in turn relies on 

the DTV planning factors, including an 

outdoor antenna The Commission is not 

persuaded by the Broadcasters’ assertion 

that the STELA requires the 

Commission to continue to rely on an 

outdoor antenna for conducting 

measurements. Instead, it believes that 

the change in statutory language simply 

affords that Commission latitude to 

consider all types of antennas. As 

observed in the SHVERA Report, the 

Commission has always assumed that 

households will use the type of antenna 

that they need to achieve service; if an 

indoor antenna is insufficient for a 

particular household, it will generally 

rely on a rooftop antenna. Nothing in 

the STELA reflects that Congress wished 

to alter that assumption. On the 

contrary, the STELA specifies use of the 

digital television signal strength 

standard in § 73.622(e)(1) of the rules, 

which is derived from the assumptions 

in the digital television planning factors 

set forth in OET Bulletin No. 69, 

including the assumption of use of an 

outdoor antenna. The Commission does 

not believe that Congress would have 

incorporated this assumption into the 

STELA if it intended use of an indoor 

antenna standard. 

8. The Commission also finds that 

continued use of an outdoor antenna 

standard for signal strength 

measurements is the best means of 

achieving the directives for digital TV 

signal strength measurements set forth 

in the STELA. The STELA specifies use 

of the digital television signal strength 

standard in § 73.622(e)(1) of the rules as 

the threshold metric against which to 

compare measurements to determine 

whether households are ‘‘served’’ or 

‘‘unserved.’’ That signal strength 

standard is important because it serves 

to define the service boundary or 

‘‘service contour’’ of a digital television 

station and the threshold at which a 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81493 

station’s service is considered to be 

available in areas within that service 

contour. That standard, in turn, is 

premised on use of an outdoor antenna 

through the digital television planning 

factors set forth in OET Bulletin No. 69. 

To provide for meaningful comparisons 

between that standard and digital TV 

signal strength measurements, the 

Commission finds that it is appropriate 

to specify use of an outdoor antenna, so 

that the signals whose strengths are 

being measured have the same qualities 

as the signal specified in the standard. 

9. Multicast Signals. The Commission 

adopted its tentative conclusion not to 

make any special provisions for 

multicast signals in our modified digital 

signal strength measurement 

procedures. The Commission’s tentative 

conclusion in the STELA FNPRM was 

based on the recognition that the testing 

protocol measures a station’s signal at 

the subscriber location and that all 

program streams are equally available 

on a signal. Whether the station’s signal 

includes one or more program streams 

or networks does not necessitate a 

change in the test employed because the 

presence of multiple streams has no 

bearing on the signal intensity or 

receivability, i.e., the bit stream of a 

single TV signal can be decoded into 

multiple program streams, but there is 

only a single TV signal to measure. The 

Commission stated its belief that the 

tester, the satellite carrier and the 

network affiliate involved in the 

conduct of the test will be able to 

identify the network affiliates in the 

broadcast signal. If the signal is found 

to be available at the subscriber location 

at the requisite intensity, then any and 

all of the networks in that signal will 

likewise be available. If the station’s 

signal is not found to be present at the 

requisite intensity, the subscriber will 

be unserved with respect to any and all 

networks broadcast on the streams in 

that signal, unless the subscriber 

receives a signal of sufficient strength 

from another local station affiliated with 

the same network or networks. Only the 

Broadcasters commented on our 

tentative proposal, stating that multicast 

streams should be treated equally. 

Accordingly, the Commission adopted 

its tentative conclusion not to make any 

special provisions for multicast signals. 

10. DTV Signal Measurement 

Procedures. The Commission adopted 

the proposal in the SHVERA NPRM to 

continue using the same rules for 

measuring DTV signals as the 

Commission uses for measuring analog 

TV signals, with the modifications 

identified. Under the current rules, 

measurements are to be made as close 

as possible to the specific site where the 

household’s receiving antenna is located 

or in the case when there is no receiving 

antenna at the site, measurements are to 

be made at locations as close as possible 

to a reasonable and likely spot for the 

antenna. Further, the current rules 

require that five cluster measurements 

be taken, each at least 3 meters apart, 

and if possible, the first testing point 

should be the center of a square whose 

corners are the four other locations. 

EchoStar commented that these 

requirements make good sense and 

provide a fair degree of flexibility to the 

tester to adapt to the subscriber’s 

location. However, EchoStar asked for 

clarification that it is not necessary to 

choose locations in the shape of a 

square, but only that the testing 

locations be as close as possible to the 

likely antenna site. Similarly DirecTV 

and Dish Network argue in response to 

the STELA NPRM that the current 

cluster measurement is needlessly 

involved. As an alternative, they state 

that the locations should be in an area 

encompassed by a square, circle, or 

semicircle, as possible, with 3 meter 

separation and with one measurement 

in the center representing the nominal 

television receive location. No other 

parties commented on this issue. The 

Commission clarifies that the existing 

rule provides that measurements should 

be made in the form of a square ‘‘if 

possible,’’ but does not require that the 

square pattern be used. Testers have 

always had the flexibility to adjust the 

measurement locations in order to 

conduct them in a safe and 

economically feasible manner while still 

obtaining the most accurate 

measurements possible. Thus, the 

Commission does not believe any 

additional clarification or change on 

this issue is necessary. The Commission 

also adopted its proposal that 

measurements of DTV signals be taken 

by elevating the antenna to 6.1 meters 

(20 feet) above the ground for one story 

buildings and to 9.1 meters (30 feet) 

above the ground for structures taller 

than one story. Again, this procedure is 

identical to the current rules for analog 

TV signal measurements and is 

consistent with the DTV planning 

factors. EchoStar, arguing that this 

height requirement may lead to lengthy 

tests as the antenna has to be raised, 

lowered and reset repeatedly, asks that 

the Commission allow measurements to 

be made at a lower height and then 

corrected to reflect the signal strength at 

20 or 30 feet. It suggests that such a 

change may increase the pool of 

qualified testers who have the necessary 

equipment to conduct signal strength 

tests. In opposition, the Broadcasters 

assert that the rationale underlying the 

Commission’s height rules—to simulate 

the roof-top antenna mount of a 20 foot 

one-story house, or a 30 foot tall twostory house—applies equally to digital 

and analog signals. The Commission 

agrees with the Broadcasters. This rule 

was devised as a way to account for 

most households in the country while 

maintaining an easy-to-administer 

standard and the Commission is not 

persuaded that it should modify it now. 

Further, no evidence was presented 

showing that a reduction in the required 

antenna height requirement would 

significantly increase the pool of 

available testers. 

11. Measurement Instrumentation. 

The Commission adopted rules 

requiring that the tests measure the 

integrated average power over the 

signal’s entire 6 megahertz bandwidth 

and recommending that the 

measurement instrumentation use an 

intermediate frequency (i.f.) bandwidth 

of 100 kilohertz unless the 

instrumentation is specifically designed 

to use an alternative i.f. bandwidth. 

Additionally, the rules continue to 

require testers to use good engineering 

practice, including proper choice and 

use of instrumentation to ensure 

accurate results. The Commission had 

proposed that the tests measure the 

integrated average power over the 

signal’s entire 6 megahertz bandwidth, 

and that the intermediate frequency (i.f.) 

bandwidth of the measuring 

instrumentation be no greater than 6 

megahertz so that the measurement 

method would conform to the format of 

the DTV signal. Commenters 

unanimously agreed with our proposal 

to measure total integrated power over 

the 6 megahertz bandwidth, but 

Broadcasters sought more specificity 

regarding the restriction of the i.f. 

bandwidth. They stated that a large i.f. 

bandwidth, such as 6 megahertz, could 

produce inaccurate results and 

recommended that the Commission 

require an i.f. bandwidth of less than 

100 kHz. The Commission does not 

believe the Broadcaster’s concern is 

significant as most measurements could 

not be taken using a 6 megahertz i.f. 

bandwidth because such a setting is not 

available on most measurement 

instruments. While we believe most 

instruments are capable of i.f. 

bandwidth settings of 100 kHz or less, 

some may not have this capability, 

which could potentially reduce the 

number of parties that have the 

equipment needed to perform these 

measurements. Further, measurement 

instruments with an i.f. bandwidth 

greater than 100 kHz can yield accurate 


srobinson on DSKHWCL6B1PROD with RULES
81494 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. 

seq., has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(‘‘SBREFA’’), Public Law No. 104–121, Title II, 110 

Stat. 847 (1996). The SBREFA was enacted as Title 

II of the Contract With America Advancement Act 

of 1996 (‘‘CWAAA’’). 

2 Implementation of the Satellite Home Viewer 

Extension and Reauthorization Act of 2004, 20 FCC 

Rcd 2983, Appendix C (2005) (NPRM). 

3See 5 U.S.C. 604. 

4See SHVERA Report, supra n.1. 

results if used properly. Accordingly, 

the Commission amended it’s proposal 

to recommend, but not require an i.f. 

bandwidth of 100 kHz. 

12. The Commission also adopted its 

remaining proposals regarding 

measurement procedure: To use a 

shielded transmission line; to match the 

antenna impedance to the transmission 

line at all frequencies measured; to 

employ a suitable balance when an 

unbalanced line is used; to measure 

transmission line loss for each 

frequency; to use a horizontally 

polarized antenna; and to orient the 

testing antenna so that its maximum 

gain (over an isotropic antenna) faces 

the strongest signal coming from the 

transmitter being tested. All of these 

procedures are identical to those 

currently used for analog TV 

measurement. No parties commented on 

these proposals. The Commission 

continues to believe that these 

procedures are appropriate for 

measurement for digital television 

signals and thus, it adopts them as 

proposed. 

13. Measurement Antenna. The 

Commission adopted rules to provide 

testers flexibility to choose either a halfwave dipole or a gain antenna when 

conducting DTV measurements. In the 

SHVERA NPRM, the Commission 

proposed to allow use of either type of 

antenna for testing the signal strength of 

DTV signals. In making this proposal, 

the Commission recognized that both of 

these types of antennas are permitted for 

analog TV signal measurements. Under 

this regime, the on-site tester will have 

flexibility to determine the best antenna 

to employ when conducting field 

strength measurements. 

14. The Commission rejects the 

Broadcasters’ arguments against use of 

dipole antennas. Half-wave dipole 

antennas and gain antennas each have 

various advantages and disadvantages. 

For accuracy, half-wave dipole antennas 

generally must be retuned for each 

frequency when making measurements. 

However, half-wave dipole antennas can 

be calibrated easily and reliably. Gain 

antennas do not require retuning and 

can boost the signal in the direction 

they are pointed while reducing 

interfering signals from other directions. 

On the other hand, gain antennas can be 

a little more difficult to calibrate 

precisely and maintain in calibration. 

The Commission continues to believe 

that both half-wave dipole and gain 

antennas will provide reliable, accurate 

test results, so long as the tester is 

diligent and takes care to ensure that 

good engineering practice is followed, 

as required by the rules. Both types of 

antennas are permitted for testing 

analog signals and the Commission will 

similarly permit both for measuring 

digital signals. Thus, each tester, based 

on experience, availability of 

equipment, and local conditions, will be 

permitted to decide which antenna 

would be best for measuring digital TV 

signals. 

15. Weather. The Commission adopts 

its proposal to prohibit digital television 

signal strength measurements being 

made during inclement weather. 

Inclement weather can generally be 

defined as unfavorable atmospheric 

conditions such as, but not limited to 

heavy rainfall, snowfall accumulation, 

high windspeed, or any combination 

thereof. As the Commission noted in 

making this proposal, while in general 

weather conditions do not have an 

appreciable effect on the reception of 

broadcast television signals, heavy 

precipitation and the movement of 

major weather fronts through the 

measurement area could impact the 

signal strength measurements. No 

commenter objected to this proposal 

and the Commission adopted it as 

proposed. 

16. Data Recording. The Commission 

adopts its proposal to apply the same 

recording requirements for DTV signal 

strength measurements as are used for 

analog measurements. In general, the 

existing rules require that the recorded 

data contain a list of calibrated 

equipment along with a description of 

the calibration, a description of the 

environment, such as topography, 

vegetation, buildings, etc., as well as the 

location and value of the actual 

measurements. There were no 

objections to this proposal and the 

Commission adopted the rules in this 

regard as proposed. 

17. Other Matters. EchoStar observes 

that the Commission’s rules define the 

digital television service area as the 

noise-limited contour based on criteria 

that the specified signal level is 

predicted to be exceeded at 50% of the 

locations, 90% of the time (using 

F(50,90) curves and the Longley-Rice 

terrain prediction model). EchoStar 

proposes that the time variability factor 

be adjusted from 90% to 50% (i.e. to the 

F(50, 50) level) for comparison to a 

median measured value. Similarly, 

DirecTV and Dish Network state that the 

Commission should either develop a 

conversion factor or use a standard 

method such as Rayleigh, which 

describes an increase in necessary 

power from the mean to 99% of 20dB. 

The comments do not state how this 

conversion would be used, but the 

Commission presumes it would be 

intended as a correction factor to reduce 

the measured signal strength value. The 

Commission notes that it rejected this 

same request in the SHVERA Report and 

that EchoStar has not provided any new 

information regarding this issue. 

Accordingly, the Commission will not 

make any adjustments to the signal 

strength standard. 

18. Finally, in the SHVERA NPRM, we 

asked if there are steps the Commission 

can take in this proceeding that will 

facilitate or enhance tester competence 

and availability. The Commission did 

not receive any suggestions on this 

issue. As noted, the Commission has 

provided flexibility for the conduct of 

DTV measurement tests, such as the 

rules requiring good engineering 

practice, which provides for testers to 

use antennas and measurement 

instrumentation with which they are 

familiar to endure accurate results. The 

Commission believes that by bestowing 

this flexibility to testers, it will 

maximize the number of qualified 

testers available. 

Procedural Matters 

19. Final Regulatory Flexibility 

Analysis: As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’) 1 an Initial Regulatory 

Flexibility Analysis (‘‘IRFA’’) was 

incorporated in the Notice of Proposed 

Rulemaking (NPRM) to this 

proceeding.2 The Commission sought 

written public comment on the 

proposals in the NPRM, including 

comment on the IRFA. The Commission 

received no comments on the IRFA. 

This present Final Regulatory Flexibility 

Analysis (‘‘FRFA’’) conforms to the 

RFA.3

A. Need for and Objectives of the 

Report and Order. This Report and 

Order (‘‘R&O’’) adopts rules to 

implement procedures for determining 

the strength of a digital broadcast 

television (DTV) signal at any specific 

location. These rules implement our 

recommendations for DTV measurement 

procedures presented in the 

Commission’s Report to Congress 

(SHVERA Report) pursuant to section 

204(b) of the Satellite Home Viewer 

Extension and Reauthorization Act of 

2004 (SHVERA).4 The rules provide 

procedures to determine whether 

households are eligible to receive 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81495 

5See id. 

6See In the Matter Of Technical Standards For 

Determining Eligibility For Satellite-Delivered 

Network Signals Pursuant To The Satellite Home 

Viewer Extension and Reauthorization Act, ET 

Docket No. 05–182, Notice of Inquiry, 20 FCC Rcd. 

9349 (2005), (SHVERA Inquiry). 

7See SHVERA Report, supra. note 4. 

8 Id. 

9See generally, 47 CFR 73.686(d). 

10 47 U.S.C. 339(a)(2)(D)(vii) provides trigger 

dates for testing. Generally, subscribers in the top 

100 television markets will be able to request a 

digital signal strength test after April 30, 2006 and 

subscribers in other markets will be able to request 

a test after July 15, 2007. Only network stations that 

have received a tentative digital channel 

designation that is the same as such stations’ 

current digital channel, or that have lost 

interference protection, are subject to the April 30, 

2006 commencement date for signal strength 

testing. Network stations in the top 100 markets 

without tentative channel designations on their 

DTV channels, as well as all network stations not 

in the top 100 markets, will be subject to signal 

strength testing beginning July 15, 2007, unless the 

Commission grants the station a waiver. 47 U.S.C. 

339(a)(2)(D)(vii)(I)(aa)(bb). 

Waiver requests by stations subject to the testing 

commencement date of April 30, 2006 were 

required to be submitted by November 30, 2005. To 

be grantable, waiver requests must provide ‘‘clear 

and convincing evidence that the station’s digital 

signal coverage is limited due to the unremediable 

presence of one or more of the following: (1) The 

need for international coordination or approvals; 

(2) clear zoning or environmental legal 

impediments; (3) force majeure; (4) the station 

experiences a substantial decrease in its digital 

signal coverage area due to the necessity of using 

a side-mounted antenna; (5) substantial technical 

problems that result in a station experiencing a 

substantial decrease in its coverage area solely due 

to actions to avoid interference with emergency 

response providers; or (6) no satellite carrier is 

providing the retransmission of the analog signals 

of local network stations under section 338 in the 

local market.’’ The Act further provides that ‘‘under 

no circumstances may such a waiver be based upon 

financial exigency.’’ Waiver requests by stations 

subject to the testing commencement date of July 

15, 2007 had to be submitted to the Commission no 

later than February 15, 2007. See Public Notice DA 

No. 05–2979 (rel. Nov. 17, 2005). See generally, 47 

U.S.C. 339(a)(2)(D)(vii)–(viii). 

11 5 U.S.C. 603(b)(3), 604(a)(3). 

12 Id. 601(6). 

13 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in the Small 

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 

601(3), the statutory definition of a small business 

applies ‘‘unless an agency, after consultation with 

the Office of Advocacy of the Small Business 

Administration and after opportunity for public 

comment, establishes one or more definitions of 

such terms which are appropriate to the activities 

of the agency and publishes such definitions(s) in 

the Federal Register.’’ 

14 15 U.S.C. 632. 

15See SBA, Office of Advocacy, ‘‘Frequently 

Asked Questions,’’ http://web.sba.gov/faqs/

faqindex.cfm?areaID=24 (revised Sept. 2009). 

16 5 U.S.C. 601(4). 

17 Independent Sector, The New Nonprofit 

Almanac & Desk Reference (2002). 

18 5 U.S.C. 601(5). 

19U.S. Census Bureau, Statistical Abstract of the 

United States: 2006, Section 8, page 272, Table 415. 

20We assume that the villages, school districts, 

and special districts are small, and total 48,558. See 

U.S. Census Bureau, Statistical Abstract of the 

United States: 2006, section 8, page 273, Table 417. 

For 2002, Census Bureau data indicate that the total 

number of county, municipal, and township 

governments nationwide was 38,967, of which 

35,819 were small. Id. 

distant DTV network signals 

retransmitted by satellite 

communications providers. In December 

2004, Congress enacted the Satellite 

Home Viewer Extension and 

Reauthorization Act of 2004,5 pursuant 

to which, the Commission conducted an 

Inquiry 6 (SHVERA Inquiry) and on 

December 9, 2005, released the SHVERA 

Report. In relevant part, the SHVERA 

Report stated that the Commission 

intended to conduct a rulemaking 

proceeding to specify procedures for 

measuring the field strength of digital 

television signals at individual 

locations.7 The Report also stated that 

the digital television measurement 

procedures should be similar to the 

current procedures for measuring the 

field strength of analog television 

stations in § 73.686(d) of the rules, but 

with certain modifications to address 

the differences between analog and 

digital TV signals.8

Wherever possible, the adopted 

digital signal strength measurement 

procedures rely on the existing, proven 

methods the Commission has 

established for measuring analog 

television signal strength at any 

individual location.9 We also note that 

the SHVERA statute provided that 

testing of digital signal strength for this 

purpose could have begun as early as 

April 30, 2006.10

B. Summary of Significant Issues 

Raised by Public Comments in Response 

to the IRFA. There were no comments 

filed that specifically addressed the 

IRFA. 

C. Description and Estimates of the 

Number of Small Entities to Which the 

Rules Adopted in this Notice may apply. 

The RFA directs agencies to provide a 

description of and, where feasible, an 

estimate of the number of small entities 

that will be affected by the proposed 

rules.11 The RFA generally defines the 

term ‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’12 In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act.13 A small business 

concern is one which: (1) Is 

independently owned and operated; 

(2) is not dominant in its field of 

operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA).14

The rules adopted in this Report and 

Order modify previous proposals to 

measure the strength of digital 

television signals at any particular 

location, as a means of determining 

whether any particular household is 

‘‘unserved’’ by a local DTV network 

station and is therefore eligible to 

receive a distant DTV network signal 

retransmitted by a Direct Broadcast 

Satellite (DBS) service provider. 

Therefore, DBS providers will be 

directly and primarily affected by the 

proposed rules, if adopted. In addition, 

rules adopted will also directly affect 

those local digital television stations 

that broadcast network programming. 

Therefore, in this FRFA, we consider, 

and invite comment on, the impact of 

the proposed rules on small digital 

television broadcast stations, small DBS 

providers, and other small entities. A 

description of such small entities, as 

well as an estimate of the number of 

such small entities, is provided in the 

following paragraphs. 

Nationwide, there are a total of 

approximately 29.6 million small 

businesses, according to the SBA.15 A 

‘‘small organization’’ is generally ‘‘any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field.’’ 16

Nationwide, as of 2002, there were 

approximately 1.6 million small 

organizations.17 The term ‘‘small 

governmental jurisdiction’’ is defined 

generally as ‘‘governments of cities, 

towns, townships, villages, school 

districts, or special districts, with a 

population of less than fifty 

thousand.’’ 18 Census Bureau data for 

2002 indicate that there were 87,525 

local governmental jurisdictions in the 

United States.19 We estimate that, of this 

total, 84,377 entities were ‘‘small 

governmental jurisdictions.’’ 20 Thus, we 

estimate that most governmental 

jurisdictions are small. 

Cable Television Distribution 

Services. The ‘‘Cable and Other Program 

Distribution’’ census category includes 

cable systems operators, closed circuit 

television services, direct broadcast 

satellite services, multipoint 

distribution systems, satellite master 

antenna systems, and subscription 

television services. Since 2007, these 

services have been defined within the 

broad economic census category of 

Wired Telecommunications Carriers; 

that category is defined as follows: ‘‘This 

industry comprises establishments 

primarily engaged in operating and/or 

providing access to transmission 

facilities and infrastructure that they 

own and/or lease for the transmission of 

voice, data, text, sound, and video using 

wired telecommunications networks. 

Transmission facilities may be based on 


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81496 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

21See 13 CFR 121.201, NAICS Code 515120. 22 Id. This category description continues, ‘‘These 

establishments operate television broadcasting 

studios and facilities for the programming and 

transmission of programs to the public. These 

establishments also produce or transmit visual 

programming to affiliated broadcast television 

stations, which in turn broadcast the programs to 

the public on a predetermined schedule. 

Programming may originate in their own studios, 

from an affiliated network, or from external 

sources.’’ Separate census categories pertain to 

businesses primarily engaged in producing 

programming. See Motion Picture and Video 

Production, NAICS code 512110; Motion Picture 

and Video Distribution, NAICS Code 512120; 

Teleproduction and Other Post-Production 

Services, NAICS Code 512191; and Other Motion 

Picture and Video Industries, NAICS Code 512199. 

23See News Release, ‘‘Broadcast Station Totals as 

of December 31, 2009,’’ 2010 WL 676084 

(F.C.C.)(dated Feb. 26, 2010) (Broadcast Station 

Totals); also available at http://www.fcc.gov/mb/. 

24We recognize that this total differs slightly from 

that contained in Broadcast Station Totals, supra 

note 446; however, we are using BIA’s estimate for 

purposes of this revenue comparison. 

25See Broadcast Station Totals, supra note 239. 

26 ‘‘[Business concerns] are affiliates of each other 

when one concern controls or has the power to 

control the other or a third party or parties controls 

or has the power to control both.’’ 13 CFR 

121.103(a)(1). 

27See 13 CFR 121.201, NAICS Code 515120. 

28See Broadcast Station Totals, supra note 239. 

a single technology or a combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 

that they operate to provide a variety of 

services, such as wired telephony 

services, including VoIP services; wired 

(cable) audio and video programming 

distribution; and wired broadband 

Internet services. By exception, 

establishments providing satellite 

television distribution services using 

facilities and infrastructure that they 

operate are included in this industry.’’ 

The SBA has developed a small 

business size standard for this category, 

which is: All such firms having 1,500 or 

fewer employees. To gauge small 

business prevalence for these cable 

services the Commission must, 

however, use current census data that 

are based on the previous category of 

Cable and Other Program Distribution 

and its associated size standard; that 

size standard was: All such firms having 

$13.5 million or less in annual receipts. 

According to Census Bureau data for 

2002, there were a total of 1,191 firms 

in this previous category that operated 

for the entire year. Of this total, 1,087 

firms had annual receipts of under $10 

million, and 43 firms had receipts of 

$10 million or more but less than $25 

million. Thus, the majority of these 

firms can be considered small. 

Direct Broadcast Satellite (DBS) 

Service. DBS service is a nationally 

distributed subscription service that 

delivers video and audio programming 

via satellite to a small parabolic ‘‘dish’’ 

antenna at the subscriber’s location. 

Because DBS provides subscription 

services, DBS falls within the SBArecognized definition of Wired 

Telecommunications Carriers. However, 

as discussed above, the Commission 

relies on the previous size standard, 

Cable and Other Subscription 

Programming, which provides that a 

small entity is one with $13.5 million or 

less in annual receipts. Currently, only 

two operators—DirecTV and EchoStar 

Communications Corporation 

(EchoStar)—hold licenses to provide 

DBS service, which requires a great 

investment of capital for operation. Both 

currently offer subscription services and 

report annual revenues that are in 

excess of the threshold for a small 

business. Because DBS service requires 

significant capital, the Commission 

believes it is unlikely that a small entity 

as defined by the SBA would have the 

financial wherewithal to become a DBS 

licensee. Nevertheless, given the 

absence of specific data on this point, 

the Commission acknowledges the 

possibility that there are entrants in this 

field that may not yet have generated 

$13.5 million in annual receipts, and 

therefore may be categorized as a small 

business, if independently owned and 

operated. 

Television Broadcasting. The rules 

and policies apply to television 

broadcast licensees and potential 

licensees of television service. The SBA 

defines a television broadcast station as 

a small business if such station has no 

more than $14 million in annual 

receipts.21 Business concerns included 

in this industry are those ‘‘primarily 

engaged in broadcasting images together 

with sound.’’ 22 The Commission has 

estimated the number of licensed 

commercial television stations to be 

1,392.23 According to Commission staff 

review of the BIA/Kelsey, MAPro 

Television Database (‘‘BIA’’) as of April 

7, 2010, about 1,015 of an estimated 

1,380 commercial television stations 24

(or about 74 percent) have revenues of 

$14 million or less and thus qualify as 

small entities under the SBA definition. 

The Commission has estimated the 

number of licensed non-commercial 

educational (NCE) television stations to 

be 390.25 We note, however, that, in 

assessing whether a business concern 

qualifies as small under the above 

definition, business (control) 

affiliations 26 must be included. Our 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by our action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. The Commission 

does not compile and otherwise does 

not have access to information on the 

revenue of NCE stations that would 

permit it to determine how many such 

stations would qualify as small entities. 

In addition, an element of the 

definition of ‘‘small business’’ is that the 

entity not be dominant in its field of 

operation. We are unable at this time to 

define or quantify the criteria that 

would establish whether a specific 

television station is dominant in its field 

of operation. Accordingly, the estimates 

of small businesses to which rules may 

apply do not exclude any television 

station from the definition of a small 

business on this basis and are therefore 

over-inclusive to that extent. Also as 

noted, an additional element of the 

definition of ‘‘small business’’ is that the 

entity must be independently owned 

and operated. We note that it is difficult 

at times to assess these criteria in the 

context of media entities and our 

estimates of small businesses to which 

they apply may be over-inclusive to this 

extent. 

Class A TV, LPTV, and TV translator 

stations. The rules and policies adopted 

in this Report and Order include 

licensees of Class A TV stations, low 

power television (LPTV) stations, and 

TV translator stations, as well as 

potential licensees in these television 

services. The same SBA definition that 

applies to television broadcast licensees 

would apply to these stations. The SBA 

defines a television broadcast station as 

a small business if such station has no 

more than $14 million in annual 

receipts.27 Currently, there are 

approximately 537 licensed Class A 

stations, 2,386 licensed LPTV stations, 

and 4,359 licensed TV translators.28

Given the nature of these services, we 

will presume that all of these licensees 

qualify as small entities under the SBA 

definition. We note, however, that 

under the 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 $14 million and 

thus may be categorized as small, except 

to the extent that revenues of affiliated 

non-translator or booster entities should 

be considered. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81497 

29See 5 U.S.C. 603(c). 30See 5 U.S.C. 801(a)(1)(A). 

D. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements. The rules in this Report 

& Order establish procedures for 

measuring digital television signal 

strength at any specific location. These 

measurement procedures will be used as 

a means of determining whether 

households are eligible to receive 

distant DTV network signals 

retransmitted by DBS providers. These 

procedures are similar to the ones used 

for measuring analog television signal 

strength for like purposes, with only 

those revisions necessary to account for 

the difference between digital and 

analog signals. Section 339(a)(2)(D)(vi) 

of the Communications Act (47 U.S.C. 

339(a)(2)(D)(vi)) delineates when 

measurements are necessary and when 

the satellite communications provider, 

the digital television broadcast station, 

or the consumer is responsible for 

bearing their cost. No reporting 

requirement is proposed. We sought but 

did not receive comment on the types of 

burdens direct broadcast satellite 

service providers and digital television 

broadcast stations may face in 

complying with the proposed 

requirements. Entities, especially small 

businesses and, more generally, small 

entities are encouraged to quantify the 

costs and benefits of the proposed 

reporting requirements. 

E. Steps Taken to Minimize 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered. 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: (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.29

Since the adoption of analog 

television signal strength procedures in 

1999, the number of analog TV signal 

strength measurements taken in order to 

determine household eligibility to 

receive distant analog TV network 

signals has been infrequent. For 

example, DIRECTV, in comments filed 

in ET Docket No. 05–182, Notice of 

Inquiry on Technical Standards for 

Determining Eligibility for SatelliteDelivered Network Signals Pursuant to 

the Satellite Home Viewer Extension 

and Reauthorization Act, 20 FCC Rcd 

9349 (2005), stated that in the last five 

years only 1400 DIRECTV subscribers 

received onsite tests to determine 

eligibility to receive distant network 

television signals. In that proceeding, 

both DIRECTV and EchoStar indicated 

that they generally declined to perform 

or arrange for a test and instead refused 

to offer distant signals when subscribers 

were predicted to be ‘‘served’’ and the 

relevant network stations refused to 

grant a waiver. 

As TV stations transition from analog 

transmissions to DTV, we anticipate that 

the combined number of analog and 

digital measurements will not increase 

substantially. This is because, as part of 

the DTV transition, television stations 

will be ceasing the transmission of 

analog signals and households seeking 

to receive retransmitted DTV network 

signals will not be seeking to receive 

analog signals. In other words, digital 

measurements will replace analog 

measurements. Also, as direct broadcast 

stations increasingly offer local-to-local 

service to households pursuant to 

SHVERA, those households will not be 

eligible to receive retransmitted distant 

signals and therefore DTV signal 

strength measurements for this purpose 

will not be necessary. 

Finally, the Report & Order will allow 

measurements to be taken using either 

a standard half-wave dipole antenna or 

a gain antenna with a known antenna 

factor for the channel(s) that are to be 

tested for digital measurements, this 

approach would allow the tester 

flexibility in performing the test while 

still providing for accurate results. The 

Report & Order does not require the use 

of a gain antenna only. Commenters 

provided information regarding 

differences in ease of use of gain 

antennas as compared to the use of halfwave dipole antennas. The Commission 

received comments on what rules it 

should propose, if any, that would 

address the apparent lack of qualified, 

independent testers to perform signal 

strength tests. Commenters indicated 

that there is no feasible regulatory 

solution to increasing the number of 

qualified testers available. No 

alternative methods that would reduce 

the cost of performing a test while 

retaining or improving on the accuracy 

of the proposed method was submitted. 

20. Report to Congress: 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.30 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. 

21. Final Paperwork Reduction Act of 

1995 Analysis. This document contains 

new or modified 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 are invited to 

comment on the new or modified 

information collection requirements 

contained in this proceeding. In 

addition, we note that pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we previously sought 

specific comment on how the 

Commission might ‘‘further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees.’’ In this present document, 

we have assessed the effects of our 

requirement that testers adhere to the 

data recording requirements of 

§ 73.686(e)(3) and described in 

paragraph 11, supra. of the Report and 

Order, and find that these requirements 

will not impose burdens to businesses 

with fewer than 25 employees as we are 

adopting the identical data recording 

requirements that have been used for 

analog TV measurements for many 

years. 

Ordering Clauses 

22. Pursuant to sections 4(i), 4(j), 303 

and 339 of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 

154(j), 303 and 339, and section 204 of 

the Satellite Home Viewer Extension 

and Reauthorization Act of 2004, 

codified at 47 U.S.C. 339(a)(2)(D)(vi), 

that this Report and Order is hereby 

adopted. 

23. Section 73.686(e) of the 

Commissions rules, is amended as set 

forth in Appendix A of the Report and 

Order. The rules adopted in this Report 

and Order contains information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, which will not be 

effective until approved by the Office of 

Management and Budget. The Federal 

Communications Commission will 

publish a document in the Federal 

Register announcing OMB approval and 

the effective date of the rules adopted 

herein. 

24. 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 Government Accountability Office 


srobinson on DSKHWCL6B1PROD with RULES
81498 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Communications equipment, 

Reporting and recordkeeping 

requirements, Television. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 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, 336 

and 339. 

■ 2. Section 73.686 is amended by 

revising the heading of paragraph (d) 

and by adding a new paragraph (e) to 

read as follows: 

§ 73.686 Field strength measurements. 

* * * * * 

(d) NTSC—Collection of field strength 

data to determine NTSC television 

signal intensity at an individual 

location—cluster measurements— 

* * * * * 

(e) DTV—Collection of field strength 

data to determine digital television 

signal intensity at an individual 

location—cluster measurements—(1) 

Preparation for measurements— 

(i) Testing antenna. The test antenna 

shall be either a standard half-wave 

dipole tuned to the center frequency of 

the channel being tested or a gain 

antenna provided its antenna factor for 

the channel(s) under test has been 

determined. Use the antenna factor 

supplied by the antenna manufacturer 

as determined on an antenna range. 

(ii) Testing locations—At the test site, 

choose a minimum of five locations as 

close as possible to the specific site 

where the site’s receiving antenna is 

located. If there is no receiving antenna 

at the site, choose a minimum of five 

locations as close as possible to a 

reasonable and likely spot for the 

antenna. The locations shall be at least 

three meters apart, enough so that the 

testing is practical. If possible, the first 

testing point should be chosen as the 

center point of a square whose corners 

are the four other locations. Calculate 

the median of the five measurements (in 

units of dBμ) and report it as the 

measurement. 

(iii) Multiple signals— 

(A) If more than one signal is being 

measured (i.e., signals from different 

transmitters), use the same locations to 

measure each signal. 

(B) For establishing eligibility of a 

satellite subscriber to receive distant 

network signals, only stations affiliated 

with the network in question that are 

located in the same Nielsen Designated 

Market Area (DMA) as the test site may 

be considered and tested. 

(2) Measurement procedure. 

Measurements shall be made in 

accordance with good engineering 

practice and in accordance with this 

section of this chapter. At each 

measuring location, the following 

procedure shall be employed: 

(i) Testing equipment. Perform an onsite calibration of the test instrument in 

accordance with the manufacturer’s 

specifications. Tune a calibrated 

instrument to the center of the channel 

being tested. Measure the integrated 

average power over the full 6 megahertz 

bandwidth of the television signal. The 

intermediate frequency of the 

instrument should be set to 100 

kilohertz unless the instrument is 

specifically designed by the 

manufacturer to use an alternative i.f. 

setting. The instrument must be capable 

of integrating over the selected i.f. for 

the 6 megahertz channel bandwidth. 

Take all measurements with a 

horizontally polarized antenna. Use a 

shielded transmission line between the 

testing antenna and the field strength 

meter. Match the antenna impedance to 

the transmission line at all frequencies 

measured, and, if using an un-balanced 

line, employ a suitable balance. Take 

account of the transmission line loss for 

each frequency being measured. 

(ii) Weather. Do not take 

measurements during periods of 

inclement weather, including, but not 

limited to, periods of heavy rainfall, 

snowfall accumulation, high 

windspeed, or any combination thereof. 

(iii) Antenna elevation. When field 

strength is being measured for a onestory building, elevate the testing 

antenna to 6.1 meters (20 feet) above the 

ground. In situations where the field 

strength is being measured for a 

building taller than one-story, elevate 

the testing antenna 9.1 meters (30 feet) 

above the ground. 

(iv) Antenna orientation. Orient the 

testing antenna in the direction which 

maximizes the value of field strength for 

the signal being measured. If more than 

one station’s signal is being measured, 

orient the testing antenna separately for 

each station. 

(3) Written record shall be made and 

shall include at least the following: 

(i) A list of calibrated equipment used 

in the field strength survey, which for 

each instrument specifies the 

manufacturer, type, serial number and 

rated accuracy, and the date of the most 

recent calibration by the manufacturer 

or by a laboratory. Include complete 

details of any instrument not of 

standard manufacture. 

(ii) A detailed description of the 

calibration of the measuring equipment, 

including field strength meters, 

measuring antenna, and connecting 

cable. 

(iii) For each spot at the measuring 

site, all factors which may affect the 

recorded field, such as topography, 

height and types of vegetation, 

buildings, obstacles, weather, and other 

local features. 

(iv) A description of where the cluster 

measurements were made. 

(v) Time and date of the 

measurements and signature of the 

person making the measurements. 

(vi) For each channel being measured, 

a list of the measured value of field 

strength (in units of dBμ after 

adjustment for line loss and antenna 

factor) of the five readings made during 

the cluster measurement process, with 

the median value highlighted. 

[FR Doc. 2010–32694 Filed 12–27–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 101029427–0609–02] 

RIN 0648–XY82 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2011 

Summer Flounder, Scup, and Black 

Sea Bass Specifications; Preliminary 

2011 Quota Adjustments; 2011 

Summer Flounder Quota for Delaware 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2011 summer 

flounder, scup, and black sea bass 

fisheries. This final rule specifies 

allowed harvest limits for both 

commercial and recreational fisheries, 

including commercial scup possession 

limits. This action prohibits Federally 

permitted commercial fishing vessels 


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