[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Pages 46992-46994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22021]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection Being Submitted to the 
Office of Management and Budget for Review and Approval, Comments 
Requested

September 8, 2009.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct 
or sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.

DATES: Persons wishing to comment on this information collection should 
submit comments on October 14, 2009. If you anticipate that you will be 
submitting comments, but find it difficult to do so within the period 
of

[[Page 46993]]

time allowed by this notice, you should advise the contact listed below 
as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), via fax at (202) 395-5167, or via the 
Internet at <a href="/cdn-cgi/l/email-protection#ade3c4cec5c2c1ccdef2ec83f2ebdfccdec8dfedc2c0cf83c8c2dd83cac2db"><span class="__cf_email__" data-cfemail="206e4943484f4c41537f610e7f665241534552604f4d420e454f500e474f56">[email protected]</span></a> and to Cathy Williams, 
Federal Communications Commission (FCC), SW, Washington, DC 20554. To 
submit your comments by e-mail send then to: <a href="/cdn-cgi/l/email-protection#fbaba9babb9d9898d59c948d"><span class="__cf_email__" data-cfemail="8bdbd9cacbede8e8a5ece4fd">[email protected]</span></a> and to 
<a href="/cdn-cgi/l/email-protection#ca89abbea2b3e49da3a6a6a3aba7b98aaca9a9e4ada5bc"><span class="__cf_email__" data-cfemail="337052475b4a1d645a5f5f5a525e40735550501d545c45">[email protected]</span></a>. To view a copy of this information collection 
request (ICR) submitted to OMB: (1) Go to web page: http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web 
page called ''Currently Under Review'', (3) click on the downward-
pointing arrow in the ''Select Agency'' box below the ''Currently Under 
Review'' heading, (4) select ''Federal Communications Commission'' from 
the list of agencies presented in the ''Select Agency'' box, (5) click 
the ''Submit'' button to the right of the ''Select Agency'' box, and 
(6) when the FCC list appears, look for the title of this ICR (or its 
OMB Control Number, if there is one) and then click on the ICR.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection send an e-mail to <a href="/cdn-cgi/l/email-protection#5e0e0c1f1e383d3d70393128"><span class="__cf_email__" data-cfemail="40101201002623236e272f36">[email protected]</span></a> or contact Cathy 
Williams on (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Numbers: 3060-1086.
    Title: Section 74.786, Digital Channel Assignments; Section 74.787, 
Digital Licensing; Section 74.790, Permissible Service of Digital TV 
Translator and LPTV Stations; Section 74.794, Digital Emissions, and 
Section 74.796, Modification of Digital Transmission Systems and Analog 
Transmission Systems for Digital Operation.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents/Responses: 8,533 respondents; 34,790 
responses.
    Estimated Hours per Response: 0.50-4 hours.
    Frequency of Response: Recordkeeping requirement; One-time 
reporting requirement; Third party disclosure requirement.
    Total Annual Burden: 55,542 hours.
    Total Annual Cost: $95,767,200.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Section 301 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: On May 8, 2009, the Commission adopted the Report 
and Order, In the Matter of Amendments of Parts 73 and 74 of the 
Commission's Rules to Establish Rules for Replacement Digital Low Power 
Television Translator Stations; MB Docket No. 08-253, FCC 09-36 
(released May 8, 2009).
    In this Report and Order, the Commission created a new 
''replacement'' digital television translator service to permit full-
service television stations to continue to provide service to viewers 
within their analog coverage areas who have lost service as a result of 
those stations' digital transition. Replacement digital translators can 
be licensed solely on digital television channels 2 through 51 and with 
secondary frequency status. Unlike other television translator 
licenses, the replacement digital television translator license will be 
associated with the full-service station's main license and will have 
the same four letter call sign as its associated main station. As a 
result, a replacement digital television translator license may not be 
separately assigned or transferred and will be renewed or assigned 
along with the full-service station's main license. Almost all other 
rules associated with television translator stations are applied to 
replacement digital television translators.
    Moreover, the Report and Order adopts an information collection 
requirement contained in 47 CFR 74.787(a)(5)(i). 47 CFR 74.787(a)(5)(i) 
states that an application for a replacement digital television 
translator may be filed by a full-service television station that can 
demonstrate that a portion of its analog service area will not be 
served by its full, post-transition digital facilities. The service 
area of the replacement digital television translators shall be limited 
to only a demonstrated loss area. However, an applicant for a 
replacement digital television translator may propose a de minimis 
expansion of its full-service pre-transition analog service area upon 
demonstrating that it is necessary to replace its post-transition 
analog loss area.
    Congress has mandated that after June 12, 2009, full-power 
television broadcast stations must transmit only in digital signals, 
and may no longer transmit analog signals. Therefore, this collection 
of information will allow full-power DTV stations to use replacement 
digital television translators to meet their statutory responsibilities 
and begin operations on their final, post-transition (digital) channels 
by their construction deadlines. Replacement digital television 
translators will provide DTV broadcasters with an important tool for 
providing optimum signal coverage to their pre-transition analog 
viewers. For some broadcasters, replacement digital television 
translators may offer the only option for continuing to provide over-
the-air service to pre-transition analog viewers.
    The DTV information collection requirement contained in the Report 
and Order and 47 CFR 74.787(a)(5)(i) must stay in effect after June 12, 
2009, the date of the Congressionally mandated full-power digital 
transition, and for the full OMB three-year approval period. Full-power 
broadcast stations may require additional adjustments in their 
facilities, including the new construction of replacement digital 
translators, as their transition to digital mode is optimized, and they 
come to better comprehend their new digital service contours. The 
extent of these adjustments, including the new construction of 
replacement digital translators, is not fully known at this time 
because of the new nature of the full-power digital television service.
    The following information collection requirements are also 
contained in this information collection:
    47 CFR 74.786(d) requires that digital LPTV and TV translator 
stations assigned to these channels as a companion digital channel 
demonstrate *32158 that a suitable in-core channel is not available. 
The demonstration will require that the licensee conduct a study to 
verify that an in-core channel is not available.
    47 CFR 74.786(d) further requires that digital LPTV and TV 
translator stations proposing use of channels 52-59 notify all 
potentially affected 700 MHz wireless licensees of their proposed 
operation not less than 30 days prior to the submission of their 
application. These applicants must notify wireless licensees of the 700 
MHz bands comprising the same TV channel and the adjacent channel 
within who licensed geographic boundaries the digital LPTV or TV 
translator station is proposed to be located, and they must also notify 
licensees of co-channel and adjacent channel spectrum whose service 
boundaries lie within 75 miles and 50 miles respectively of their 
proposed station location.
    47 CFR 74.786(e) allows assignment of UHF channels 60 to 69 to 
digital LPTV or TV translator stations for use

[[Page 46994]]

as a digital conversion channel provided that stations proposing use of 
these channels notify all potentially affected 700 MHz wireless 
licensees of their proposed operation not later than 30 days prior to 
the submission of their application.
    47 CFR 74.786(e) further provides that digital LPTV and TV 
translator stations proposing use of UHF channel 63, 64, 68, and 69 
(public safety frequencies) as a digital conversion channel 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.
    47 CFR 74.786(e) requires Digital LPTV and TV translator stations 
proposing use of channels 62, 65, and 67 must notify the pertinent 
regional planning committee and state administrator of their proposed 
operation not later than 30 days prior to submission of their 
application.
    47 CFR Section 74.787(a)(2)(iii) provides that mutually exclusive 
LPTV and TV translator applicants for companion digital stations will 
be afforded an opportunity to submit in writing to the Commission, 
settlements and engineering solutions to resolve their situation.
    47 CFR 74.787(a)(3) provides that mutually exclusive applicants 
applying for construction permits for new digital stations and for 
major changes to existing stations in the LPTV service will similarly 
be allowed to submit in writing to the Commission, settlements and 
engineering solutions to rectify the problem.
    47 CFR 74.787(a)(4) provides that mutually exclusive displacement 
relief applicants filing applications for digital LPTV and TV 
translator stations may be resolved by submitting settlements and 
engineering solutions in writing to the Commission.
    47 CFR 74.790(f) permits digital TV translator stations to 
originate emergency warnings over the air deemed necessary to protect 
and safeguard life and property, and to originate local public service 
announcements (PSAs) or messages seeking or acknowledging financial 
support necessary for its continued operation. These announcements or 
messages shall not exceed 30 seconds each, and be broadcast no more 
than once per hour.
    47 CFR 74.790(e) requires that a digital TV translator station 
shall not retransmit the programs and signal of any TV broadcast or DTV 
broadcast station(s) without prior written consent of such station(s). 
A digital TV translator operator electing to multiplex signals must 
negotiate arrangements and obtain written consent of involved DTV 
station licensee(s).
    47 CFR 74.790(g) requires a digital LPTV station who transmits the 
programming of a TV broadcast or DTV broadcast station received prior 
written consent of the station whose signal is being transmitted.
    47 CFR 74.794 mandates that digital LPTV and TV translator stations 
operating on TV channels 22-24, 32-36, 38, and 65-69 with a digital 
transmitter not specifically FCC-certificated for the channel purchase 
and utilize a low pass filter or equivalent device rated by its 
manufacturer to have an attenuation of at least 85 dB in the GPS band. 
The licensees must retain with their station license a description of 
the low pass filter or equivalent device with the manufacturer's rating 
or a report of measurements by a qualified individual.
    47 CFR 74.796(b)(5) requires digital LPTV or TV translator station 
licensees that modify their existing transmitter by use of a 
manufacturer-provided modification kit would need to purchase the kit 
and must notify the Commission upon completion of the transmitter 
modifications. In addition, digital LPTV or TV translator station 
licensees that modify their existing transmitter and do not use a 
manufacturer-provided modification kit, but instead perform custom 
modification (those not related to installation of manufacturer-
supplied and FCC-certified equipment) must notify the Commission upon 
completion of the transmitter modifications and shall certify 
compliance with all applicable transmission system requirements.
    47 CFR 74.796(b)(6) provides that operators who modify their 
existing transmitter by use of a manufacturer-provided modification kit 
must maintain with the station's records for a period of not less than 
two years, and will make available to the Commission upon request, a 
description of the nature of the modifications, installation and test 
instructions, and other material provided by the manufacturer, the 
results of performance-tests and measurements on the modified 
transmitter, and copies of related correspondence with the Commission. 
In addition, digital LPTV and TV translator operators who custom modify 
their transmitter must maintain with the station's records for a period 
of not less than two years, and will make available to the Commission 
upon request, a description of the modifications performed and 
performance tests, the results of performance-tests and measurements on 
the modified transmitter, and copies of related correspondence with the 
Commission.
    Protection of Analog LPTV. In situations where protection of an 
existing analog LPTV or translator station without a frequency offset 
prevents acceptance of a proposed new or modified LPTV, TV translator, 
or Class A station, the Commission requires that the existing non-
offset station install at its expense offset equipment and notify the 
Commission that it has done so, or, alternatively, negotiate an 
interference agreement with the new station and notify the Commission 
of that agreement.
    Resolving Channel Conflict. The Commission requires that wireless 
licensees operating on channels 52-59 and 60-69 notify (by certified 
mail, return receipt requested) a digital LPTV or TV translator 
licensee operating on the same channel of first adjacent channel of its 
intention to initiate or change wireless operations and the likelihood 
of interference from the LPTV or translator station within its licensed 
geographic service area. This notification should describe the 
facilities, associated service area, and operation of the wireless 
licensee with sufficient detail to permit an evaluation of the 
likelihood of interference.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-22021 Filed 9[dash]11[dash]09; 8:45 am]
BILLING CODE 6712[dash]01[dash]S


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