Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29985

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This action does not have federalism

implication. It will not have a

substantial direct effect on States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because it

affects only one State. This action

simply approves Oklahoma’s proposal

to be authorized for updated

requirements of the hazardous waste

program that the State has voluntarily

chosen to operate. Further, requirements

of the hazardous waste program that the

State has voluntarily chosen to operate.

Further, as result of this action, those

newly authorized provisions of the

State’s program now apply in the State

of Oklahoma in lieu of the equivalent

Federal program provisions

implemented by EPA under HSWA.

Affected parties are subject only to those

authorized State provisions, as opposed

to being subject to both Federal and

State regulatory requirements. Thus, the

requirements of section 6 of the

Executive Order do not apply.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous materials transportation,

Hazardous waste, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of sections 2002(a), 3006, and

7004(b) of the Solid Waste Disposal Act as

amended, 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: March 30, 2000.

Jerry Clifford,

Acting Regional Administrator, Region 6.

[FR Doc. 00–11560 Filed 5–9–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 11, 73, and 74

[MM Docket No. 00–10; FCC 00–115]

Establishment of a Class A TV Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document implements

the Community Broadcasters Protection

Act of 1999, which directs the FCC to

establish a Class A television service to

provide a measure of primary status to

certain low-power television stations.

This document addresses a wide range

of issues related to the implementation

of the statute, including the protected

service area of Class A stations, Class A

interference protection requirements vis

a vis other TV stations, eligibility

criteria for Class A status, common

ownership restrictions applicable to

Class A stations, the treatment of

modification applications filed by Class

A licensees, and general operating

requirements.

DATES: Effective July 10, 2000.

FOR FURTHER INFORMATION CONTACT: Kim

Matthews, Policy and Rules Division,

Mass Media Bureau, (202) 418–2130, or

Keith Larson, Office of the Bureau Chief,

Mass Media Bureau, (202) 418–2600.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order (‘‘R&O’’), FCC 00–115,

adopted March 28, 2000; released April

4, 2000. The full text of the

Commission’s R&O is available for

inspection and copying during normal

business hours in the FCC Dockets

Branch (Room TW–A306), 445 12 St.

SW., Washington, DC. The complete

text of this R&O may also be purchased

from the Commission’s copy contractor,

International Transcription Services

(202) 857–3800, 1231 20th St., NW.,

Washington, DC 20036.

Synopsis of Report and Order

I. Introduction

1. In this R&O, we establish a Class A

television service to implement the

Community Broadcasters Protection Act

of 1999 (CBPA), which was signed into

law November 29, 1999, Pursuant to the

CBPA and our implementing rules,

certain qualifying low-power television

(LPTV) stations will be accorded Class

A status. Class A licensees will have

‘‘primary’’ status as television

broadcasters, thereby gaining a measure

of protection from full-service television

stations, even as those stations convert

to digital format. The LPTV stations

eligible for Class A status under the

CBPA and our rules provide locallyoriginated programming, often to rural

and certain urban communities that

have either no or little access to such

programming. LPTV stations are owned

by a wide variety of licensees, including

minorities and women, and often

provide ‘‘niche’’ programming to

residents of specific ethnic, racial, and

interest communities. The actions we

take today will facilitate the acquisition

of capital needed by these stations to

allow them to continue to provide free,

over-the-air programming, including

locally-originated programming, to their

communities. In addition, by improving

the commercial viability of LPTV

stations that provide valuable

programming, our action today is

consistent with our fundamental goals

of ensuring diversity and localism in

television broadcasting.

II. Background

2. From its creation by the

Commission in 1982, the low power

television service has been a ‘‘secondary

spectrum priority’’ service whose

members ‘‘may not cause objectionable

interference to existing full-service

stations, and . . . must yield to facilities

increases of existing full-service stations

or to new full-service stations where

interference occurs. Currently, there are

approximately 2,200 licensed LPTV

stations in approximately 1,000

communities operating in all 50 states.

These stations serve both rural and

urban audiences. Because they operate

at reduced power levels, LPTV stations

serve a much smaller geographic region

than full-service stations and can fit into

areas where a higher power station

cannot be accommodated in the Table of

Allotments. In many cases, LPTV

stations may be the only television

station in an area providing local news,

weather, and public affairs

programming. Even in some well-served

markets, LPTV stations may provide the

only local service to residents of

discrete geographical communities

within those markets. Many LPTV

stations air ‘‘niche’’ programming, often

locally produced, to residents of specific

ethnic, racial, and interest communities

within the larger area, including

programming in foreign languages.

3. In the CBPA, Congress found that

the future of low-power television is

uncertain. Because LPTV stations have

secondary spectrum status, they can be

displaced by full-service TV stations

that seek to expand their own service

area, or by new full-service stations

seeking to enter the same market. The

statute finds that this regulatory status

affects the ability of LPTV stations to

29986 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

raise necessary capital. In addition,

Congress recognized that the conversion

to digital television further complicates

the uncertain future of LPTV stations.

To facilitate the transition from analog

to digital television, the Commission

has provided a second channel for each

full-service television licensee in the

country that will be used for digital

broadcasting during the period of

conversion to an all-digital broadcast

service. In assigning DTV channels, the

Commission maintained the secondary

status of LPTV stations and TV

translators and, in order to provide all

full-service stations with a second

channel, was compelled to establish

DTV allotments that will displace a

number of LPTV stations. Although the

Commission has taken a number of

steps to mitigate the impact of the DTV

transition on stations in the LPTV

service, that transition nonetheless will

have significant adverse effects on many

stations, particularly LPTV stations

operating in urban areas where there are

few, if any, available replacement

channels.

4. Congress sought in the CBPA to

address some of these issues by

providing certain low power television

stations ‘‘primary’’ spectrum use status.

The CBPA requires the Commission,

within 120 days after the date of

enactment, to prescribe regulations

establishing a Class A television license

available to qualifying LPTV stations.

The CBPA directs that Class A licensees

be subject to the same license terms and

renewal standards as full-power

television licensees, and that Class A

licensees be accorded primary status as

television broadcasters as long as they

continue to meet the requirements set

forth in the statute for a qualifying lowpower station. In addition, among other

matters, the CBPA sets out certain

certification and application procedures

for low-power television licensees

seeking Class A designation, prescribes

the criteria low-power stations must

meet to be eligible for a Class A license,

and outlines the interference protection

Class A applicants must provide to

analog (or NTSC), digital (DTV), LPTV,

and TV translator stations.

5. Congress also recognized, however,

that, because, of the emerging DTV

service, not all LPTV stations could be

guaranteed a certain future. Congress

recognized the importance and

engineering complexity of the FCC’s

plan to convert full-service stations to

digital format, and protected the ability

of these stations to provide both digital

and analog service during the transition.

III. Discussion

A. Certification and Application for

License

1. Statutory Timeframes

6. Section (f)(1)(A) of the CBPA

requires the Commission, within 120

days after the date of enactment

(November 29, 1999), to prescribe

regulations establishing a Class A

television service. The CBPA establishes

a two-part certification and application

procedure for LPTV stations seeking

Class A status. First, the CBPA directed

the Commission to send a notice to all

LPTV licensees describing the

requirements for Class A designation.

Within 60 days of the date of enactment,

licensees intending to seek Class A

designation were required to submit to

the Commission a certification of

eligibility based on the applicable

qualification requirements.

7. The CBPA provides that, absent a

material deficiency in a licensee’s

certification of eligibility, the

Commission shall grant the certification

of eligibility to apply for Class A status.

The CBPA further provides that

licensees ‘‘may’’ submit an application

for Class A designation ‘‘within 30 days

after final regulations are adopted’’

implementing the CBPA. We will

construe the phrase ‘‘final regulations’’

in this context to mean the effective date

of the Class A rules adopted herein.

Thus, Class A applications may be filed

beginning on the effective date of the

rules. Within 30 days after receipt of an

application that is acceptable for filing,

the Commission must act on the

application.

2. Ongoing Eligibility

8. Decision. We believe that the basic

purpose of the CBPA was to afford

existing LPTV stations a window of

opportunity to convert to Class A

stations. Therefore, we will not accept

applications from LPTV stations that

did not meet the statutory criteria and

that did not file a certification of

eligibility by the statutory deadline,

absent compelling circumstances. To be

eligible for a Class A license, an LPTV

station must go through several steps.

First, it must have filed a certification of

eligibility within 60 days of the

enactment of the CBPA. Second, the

certification of eligibility must be

approved by the Commission. Third, it

must file an application for a Class A

license, as we determine below, within

6 months from the effective date of the

Class A rules. And fourth, that license

must be granted. The first stage of this

process has already ended; those

potential applicants who seek Class A

status must have already filed their

certifications of eligibility.

9. The statute states that applicants

‘‘may’’ apply for licenses within 30 days

after the adoption of final implementing

rules, but gives no ultimate deadline. In

order to allow sufficient time to

potential applicants to prepare their

applications, we will allow licensees

that have filed timely certifications of

eligibility to file Class A applications up

to 6 months after the effective date of

the rules we adopt today. We believe

that establishing a 6 month period in

which applications may be filed is

consistent with the CBPA. The statute

states that applicants ‘‘may’’ file license

applications within 30 days from the

adoption of final implementing rules. In

contrast, the statute states that licensees

intending to seek Class A designation

‘‘shall’’ file a certification of eligibility

within 60 days after enactment. We

believe that the use of the word ‘‘may’’

in relation to applications indicates that

the 30 day filing period is permissive

only. Thus, applicants are not required

to file within 30 days following the

adoption of final rules, and we have

authority to provide for a longer filing

period.

10. We find that the 6 month deadline

for filing a Class A application is a

reasonable time frame that will afford

all LPTV applicants, including those

who must file displacement

applications, adequate time to prepare

and file their Class A applications

consistent with the rules we adopt

today. Where potential applicants face

circumstances beyond their control that

prevent them from filing within 6

months, we will examine those

instances on a case-by-case basis to

determine their eligibility for filing. We

will not, however, accept license

applications from LPTV licensees who

did not timely file certifications of

eligibility because we do not believe

that Congress intended to create an

open-ended class of potential Class A

stations.

B. Qualifying Low-Power Television

Stations

1. Statutory Eligibility Criteria

11. Section (f)(2)(A) of the CBPA

provides than an LPTV station may

qualify for Class A status if, during the

90 days preceding the date of enactment

of the statute: (1) The station broadcast

a minimum of 18 hours per day; (2) the

station broadcast an average of at least

3 hours per week of programming

produced within the market area served

by the station, or the market area served

by a group of commonly controlled lowpower stations that carry common local

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29987

programming produced within the

market area served by such group; and

(3) the station was in compliance with

the Commission’s requirements for

LPTV stations. In addition, from and

after the date of its application for a

Class A license, the station must be in

compliance with the Commission’s

operating rules for full-power television

stations. Alternatively, section (f)(2)(B)

of the CBPA provides that a station may

qualify for Class A status if ‘‘the

Commission determines that the public

interest, convenience, and necessity

would be served by treating the station

as a qualifying low-power television

station for purposes of this section, or

for other reasons determined by the

Commission.’’

2. Locally-Produced Programming

12. Decision. We will expand our

definition of ‘‘market area’’ to

encompass the area within the predicted

Grade B contour determined by the

Class A station’s antenna height and

power, which encloses a larger area than

that of an LPTV station’s protected

service contour. With respect to a group

of commonly controlled stations, the

market area will be the area within the

predicted Grade B contours of any of the

stations in the commonly owned group.

13. Some commenters are concerned

about the possible conflicts between the

locally produced programming

requirement and the existing main

studio rule, arguing that we should

either consider waivers of the main

studio rule or not adopt so restrictive a

definition of market area as to conflict

with the rule. As discussed in this R&O,

we have decided to require Class A

stations to maintain a main studio

located within their predicted Grade B

contours. We have also decided to

grandfather all main studio locations

now in existence and operated by LPTV

stations. To avoid any conflicts between

the local market definition and our main

studio rule, we will consider

programming produced at the main

studio of such grandfathered Class A

stations to be locally produced

programming even though the main

studio is located outside the stations’

Grade B contours.

3. Operating Requirements

14. Decision. We will adopt our

proposal to apply to Class A applicants

and licensees all part 73 regulations

except for those that cannot apply for

technical or other reasons. We believe

that this course of action is most

consistent with the language of the

statute, which provides that from and

after the date of an application for a

Class A license, LPTV stations must

comply with the operating rules for fullpower television stations to be eligible

for Class A status. Most commenters

that addressed this issue agree that Class

A stations should be required to comply

with most part 73 obligations except for

those that are clearly inappropriate or

inapplicable.

15. The part 73 requirements that we

will apply to Class A applicants and

licensees are set forth below. Among

other part 73 obligations, we will

require that Class A applicants and

licensees comply with the following:

our rules governing informational and

educational children’s programming

and the limits on commercialization

during children’s programming; the

requirement to identify a children’s

programming liaison at the station and

to provide information regarding the

‘‘core’’ educational and informational

programming aired by the station to

publishers of television program guides;

the requirement to place in their file the

quarterly forms 398; the political

programming rules; the public

inspection file rule, including the

requirement to prepare and place in the

public inspection file on a quarterly

basis an issues/programs list; and

station identification requirements. We

will require Class A stations to comply

with the Emergency Alert System (EAS)

rules applicable to full-service

television stations; for example, they

will be required to have and operate a

digital EAS encoder and perform the

weekly and monthly EAS tests required

of full-service stations. As provided in

section (f)(1)(A)(ii) of the CBPA, Class A

licensees must also continue to meet the

requirements for a qualifying low-power

station in order to continue to be

accorded Class A status.

16. We will require Class A applicants

and licensees to maintain a main studio.

As Class A stations will be low-power

and thus serve a smaller area than most

full-service stations, we do not believe

it is appropriate to permit Class A

stations to locate their main studio

within the principal community contour

of any station serving that market, or 25

miles from the center of its community

of license, as we permit for full-service

stations. Instead, we will require Class

A stations to locate their main studios

within the station’s Grade B contour, as

determined pursuant to the

Commission’s rules. This will ensure

that newly created main studios are

more accessible to the population that

receives the station’s programming. We

will grandfather all main studios now in

existence and operated by LPTV

stations. We do not believe it is

necessary to require these stations to

change the location of their existing

studio, or build a new studio, to comply

with our Class A rules. We will

grandfather those main studios for

purposes of our Class A main studio

rule adopted in this R&O.

17. For purposes of our Class A rules,

we will also modify a number of other

requirements applicable to full-service

television broadcast stations, including:

(1) Minimum hours of operation of 18

hours per day, as required by the

statute; (2) grandfather the use of LPTV

broadcast transmitters; and (3) permit

Class A stations to operate without a

carrier frequency offset. We will permit

qualified Class A station licensees to

continue to operate their existing LPTV

transmitters, provided these transmitters

do not cause interference due to

excessive emissions on frequencies

outside of the station’s assigned

channel. We will require Class A

stations seeking facilities increases

under the more inclusive definition of

‘‘minor’’ changes we are adopting for

these stations to specify operation on an

offset frequency and to operate with a

transmitter meeting the required

frequency tolerance for offset operation.

18. We will not apply to Class A

facilities the following provisions of

part 73: (1) The NTSC and DTV Tables

of Allotments (§§ 73.606 and 73.607); (2)

mileage separations (§ 73.610); and (3)

minimum power and antenna height

requirements (§ 73.614). As qualifying

LPTV stations are not governed by

mileage separations, do not have

allotted technical parameters, and will

not have a community coverage

requirement, these provisions of part 73

will not apply to Class A. LPTV stations

are not subject to minimum power and

antenna height requirements under part

74, and we will not impose any such

requirements on Class A stations.

19. We will also exempt Class A

facilities from the principal city

coverage requirement of § 73.685(a) of

the rules. At this time, we believe that

it is unnecessary to require Class A

stations to provide a requisite level of

coverage over their community.

Although LPTV stations are associated

with a specific community on their

license application, they are not subject

to any requirement to provide a

specified level of coverage to that

community. As we indicated in the

Notice of Proposed Rule Making

(‘‘NPRM’’), (65 FR 3188, January 20,

2000), those Class A stations that are

intended to serve an entire community

that is otherwise unserved or

underserved have ample incentive to

provide service to the residents of the

whole of that community without a

mandatory requirement to do so. Other

stations may intend to serve only a

29988 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

narrow segment of their community. In

view of the lower power levels at which

LPTV stations now operate and at which

Class A facilities will continue to

operate, and the fact that in many cases

these stations provide programming to

areas where a higher power station

could not be accommodated in the

Table of Allotments, we do not believe

a minimum coverage requirement is

appropriate. If the circumstances

regarding operation of Class A stations

change in the future, including, for

example, the permitted power levels of

such facilities, we reserve the right to

revisit the issue of minimum coverage

requirements at that time.

20. As we proposed in the NPRM, we

will also maintain for now the current

LPTV maximum power levels for Class

A stations. We believe that these power

levels are sufficient to preserve existing

service, which is consistent with

Congress’ objective underlying the

CBPA. We believe that further power

increases at this time could hinder the

implementation of digital television, as

well as limit the number of Class A

stations that could be authorized.

Moreover, we recently increased power

levels for LPTV stations in our DTV

Sixth R&O (62 FR 26684, May 14, 1997)

and have not yet opened a filing

window to permit stations to modify

their facilities to take advantage of this

power increase.

21. Several commenters propose that

we require Class A licensees to certify

annually their continued compliance

with the Class A eligibility criteria and

with applicable part 73 requirements.

As we noted above, in addition to

requiring Class A applicants and

licensees to comply with the operating

requirements for full-power television

stations, the CBPA also requires that

Class A licensees continue to meet the

eligibility criteria established for a

qualifying low-power station in order to

retain Class A status. We will not adopt

an annual certification or reporting

requirement for Class A stations. We do

not have such a general requirement for

other television broadcast stations, and

see no need to treat Class A stations

differently. However, like other part 73

licensees, we will require Class A

licensees to certify compliance with

applicable FCC rules at time of renewal.

In addition, as in the case of other part

73 licensees, Class A renewal

applications will be subject to petitions

to deny. Finally, we will require

licensees seeking to assign or transfer a

Class A license to certify on the

application for transfer or assignment of

license that the station has been

operated in compliance with the rules

applicable to Class A stations. We will

also require Class A assignees and

transferees to certify on their portion of

the transfer or assignment application

that they will operate the station in

accordance with these rules.

22. We will place our rules governing

the new Class A television service under

part 73. As Class A stations must

comply with the operating rules for fullservice stations, which are found in part

73, it appears most logical to group the

rules for Class A service with the fullservice broadcast rules. LPTV stations

that are not eligible for or choose not to

apply for Class A status will continue to

be governed by part 74 of our rules.

4. Alternative Eligibility Criteria

23. Decision. Congress mandated

three Class A eligibility qualifications in

the CBPA. For the 90 days prior to

enactment of the CBPA, an applicant

must have: (1) Broadcast a minimum of

18 hours per day, (2) broadcast an

average of at least 3 hours per week of

programming produced within the

market area served by the station, and

(3) been in compliance with

Commission requirements of LPTV

stations. We will allow deviation from

the strict statutory eligibility criteria

only where such deviations are

insignificant or when we determine that

there are compelling circumstances, and

that in light of those compelling

circumstances, equity mandates such a

deviation Examples of such compelling

circumstances include a natural disaster

or interference conflict which forced the

station off the air during the 90 day

period before enactment of the CBPA.

24. We will not establish a different

set of criteria for foreign language

stations that do not meet the local

programming criteria. We recognize the

valuable service provided by foreign

language stations, but conclude that

Congress’ intent was to preserve the

service of a small class of existing LPTV

stations that were providing local

programming. We appreciate the

comments submitted by groups with

foreign language programming that

encourage us to allow such

programming to meet the statutory

requirement. We conclude, however,

that foreign language stations should

have the same eligibility requirements

as any other potential Class A station.

25. We will not adopt separate

eligibility criteria for translator stations

under the CBPA, as requested by the

National Translator Association (NTA).

The statute limits eligibility to LPTV

stations that produce local programming

and can meet the operating rules

applicable to full-service stations. We

recognize, however, the extremely

valuable service that translators provide,

often representing the only source of

free, over-the-air broadcasting in rural

areas. Indeed, we expressly asked about

according translators Class A status in

the September 22 NPRM. While that

proceeding has been terminated, we still

believe that this is an issue that should

be examined. Thus, we will institute a

new proceeding seeking comment on

whether translators should be permitted

to qualify for some form of primary

status, and what the eligibility

requirements for such protection should

be.

C. Class A Interference Protection Rights

and Responsibilities

1. Class A Protected Service Area

26. Decision. We will adopt the

proposal in the NPRM with respect to

analog stations and define the following

protected signal contour values for these

stations: 62 dBu for channels 2–6, 68

dBu for channels 7–13, and 74 dBu for

channels 14 and above, as calculated

using the Commission’s F(50,50) signal

propagation curves. CBA and several

LPTV station operators urge an

expanded Class A protected contour,

such as the TV Grade B contour. We

recognize, as these commenters point

out, that LPTV stations can be viewed

in the areas between their protected

contour and the Grade B contour of their

facilities, just as the signals of NTSC

stations are often viewed beyond their

Grade B contours. In enacting the CBPA,

Congress equated the service areas to be

preserved with the LPTV signal

contours, which have always been

defined by the above field strength

values. We agree with Fox that

expanding contour protection for Class

A stations would be inconsistent with

the intent of the CBPA to preserve

existing service. Also, as noted by the

Association of Federal Communications

Consulting Engineers (AFCCE), this

would be likely to create new situations

of prohibited contour overlap between

LPTV stations where none currently

exist. More than 2,000 LPTV stations

have been engineered to fit into the

broadcast landscape on the basis of

protection to the LPTV service contours.

The LPTV service is now mature, and

service expectations are well

established. We do not want to upset the

balance that has been achieved between

service and interference considerations.

For these reasons, we will apply the

LPTV service contour definitions to

Class A stations as the basis for

interference protection.

27. The above considerations are also

relevant to our choice of protected

signal contours for digital Class A

stations. Some commenters favor use of

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29989

the DTV noise-limited signal contours

for this purpose, which are comparable

to NTSC Grade B contours. Use of these

values would, in effect, expand

protection for digital Class A stations,

compared to that for analog Class A

stations, whose protected contours are

comparable to NTSC Grade A contours.

Using these values would also create

situations where Class A digital service

contours would overlap with the

interference-limited contours of analog

LPTV and Class A stations. This ‘‘builtin’’ interference would occur to a lesser

extent if the Class A digital protected

contours were geographically smaller.

Also, digital conversion opportunities

for Class A and other services would be

precluded to a lesser extent through the

use of digital contour values more

comparable to the Class A analog

values. We will adopt the protected

contour values suggested by the AFCCE,

du Treil, Lundin & Rackley (du Treil),

and the Society of Broadcast Engineers

(SBE): 43 dBu for channels 2–6, 48 dBu

for channels 7–13 and 51 dBu for

channels 14–51. These values reflect the

differences between analog LPTV

protected contours and NTSC Grade B

contours. For example, the analog LPTV

and Grade B values for UHF stations are

74 dBu and 64 dBu, respectively—a 10

dB difference. This difference (or

scaling factor) is added to the 41 dBu

DTV noise-limited field strength value

to obtain a protected contour of 51 dBu

for UHF digital Class A stations. In a

future proceeding, we will consider

rules for permitting on-channel digital

conversion for TV translator and nonClass A LPTV stations. We may wish to

revisit the issue of Class A digital

protected contour values at that time.

2. Time Protection Begins

28. Decision. We will adopt our

proposal to commence preservation of

the service area of LPTV stations from

the date of receipt of an acceptable

certification of eligibility filed pursuant

to section (f)(1)(B) of the CBPA. As we

stated in the NPRM, this timing appears

most consistent with the CBPA’s dual

certification and application scheme for

Class A status, despite the reference in

the statute to the pendency of an

application, as opposed to a

certification, to trigger contour

protection. Senator Conrad Burns, a

sponsor of the CBPA in the Senate,

introduced a statement on the Senate

floor clarifying the issue of when an

LPTV station’s contour should be

preserved. He stated in part: ‘‘It is

clearly our intent that as soon as the

Commission is in receipt of an

acceptable certification notice, it should

protect the contours of this station until

final resolution of that application.’’

29. We disagree with MSTV/NAB that

protection should begin from the time a

Class A application is filed, rather than

the date of filing of a certification of

eligibility. This reading of the statute

would render the separate certification

of eligibility requirement meaningless.

MSTV/NAB argue that protecting the

more than 1700 eligibility certifications

filed by the January 28, 2000 deadline

would ‘‘paralyze’’ the Commission.

However, more than a third of these

certifications, on their face, do not

comply with the eligibility criteria

established in the CBPA and our rules

adopted herein. Included in this group

are certifications submitted by translator

station licensees and permittees of

unbuilt LPTV stations. Such licensees

and permittees do not meet the

eligibility standards of the CBPA and

our rules. Accordingly, their

certifications are not acceptable and will

be dismissed. Similarly deficient are

those certifications filed after the

January 28, 2000 deadline and those

certifications submitted by LPTV

licensees whose stations aired no locally

produced programming during the

entire 90-day period preceding

enactment of the CBPA. They too will

be dismissed.

30. As discussed above, the CBPA

permits the Commission to establish

alternative criteria for Class A eligibility

if it determines that the public interest,

convenience and necessity would be

served thereby, or for other reasons.

Thus, there may be instances in which

a certification of eligibility is filed but

the corresponding Class A application

may not be granted because the

alternative eligibility showing cannot be

approved. We also note that a Class A

application could be denied if a

certification of eligibility were later

determined to be incorrect. In situations

where the Commission determines that

a Class A certification of eligibility or

Class A application may not be granted,

protection of the service contour of that

facility will cease from the date the

Commission determination is made.

3. Protection of Pending NTSC TV

Applications and Facilities

31. Decision. Upon further reflection,

and after careful consideration of the

comments, we have reconsidered our

proposal regarding interpretation of the

interference protection that must be

accorded by Class A to pending NTSC

applications. Instead, we will adopt the

proposal similar to that advanced by

CBA in its comments to require Class A

stations to protect both existing analog

stations and full-service applicants that

have completed all processing short of

grant necessary to provide a reasonably

ascertainable Grade B contour. We

believe this proposal is both equitable

and consistent with the CBPA.

Specifically, we will require Class A

applicants to protect the predicted

Grade B contour (as of November 29,

1999, or as proposed in a change

application filed on or before that date)

of full-power analog stations licensed on

or before November 29, 1999. We will

also require Class A applicants to

protect the Grade B contour of fullpower analog facilities for which a

construction permit was authorized on

or before November 29, 1999. Finally,

we will require Class A applicants to

protect the facilities proposed in any

application for full-power analog

facilities that was pending on November

29, 1999, that had completed all

processing short of grant as of that date,

and for which the identity of the

successful applicant is known. The

applications in this latter category are

post-auction applications, applications

proposed for grant in pending

settlements, and any singleton

applications cut off from further filings.

We will not require Class A applicants

for initial Class A authorization to

protect pending rule making petitions

for new or modified NTSC channel

allotments or full-service applications

that were not accepted for filing by

November 29, including most pending

television freeze waiver applications.

32. We believe that protecting these

categories of pending NTSC

applications is consistent with both the

language of the CBPA and the

underlying intent of Congress. Section

(f)(7)(A)(i) requires Class A applicants to

show that they ‘‘will not cause’’

interference within ‘‘the predicted

Grade B contour (as of the date of the

enactment of [CBPA] * * * ) of any

television station[s] transmitting in

analog format.’’ It is not immediately

clear from the statutory language

whether the station entitled to

interference protection must have been

‘‘transmitting in analog format’’ as of the

date of enactment of the CBPA in 1999,

or as of the date it would experience the

interference. We believe that a sound

interpretation of the statutory language,

in light of the considerations that

follow, is that it refers to the nature of

the service entitled to protection (i.e.,

analog) rather than to its operational

status on the date of enactment of the

CBPA. Therefore, the analog station

could be licensed, one for which an

application is currently pending, or one

for which a construction permit has

been granted but which is not yet built.

29990 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

The statute does require that analog

stations entitled to protection must have

had a ‘‘predicted Grade B contour (as of

the date of the enactment of the [CBPA],

or November 1, 1999, whichever is later,

or as proposed in a change application

filed on or before such date).’’ A station

does not have to be operating, however,

to have a ‘‘predicted grade B contour’’

as described in section (f)(7)(A)(i). A

station proposed in a pending

application or an unbuilt station with an

outstanding construction permit may

also have a predicted Grade B contour.

Indeed, the clause referring to the

predicted Grade B contour specifically

includes predicted Grade B contours

proposed in change applications filed

before the specified date. Thus, this

section explicitly contemplates that

interference protection by Class A

stations may extend to at least some

analog stations that are not yet

operating, but nonetheless had

predicted Grade B contours as of the

date specified in the statute. It would

make no sense to protect pending

change applications and licensed

stations but not outstanding

construction permits, which are closer

to operational status. We believe that

Congress included the reference to

change applications to make it clear that

those are entitled to protection, rather

than to suggest that other applications

or construction permits are not similarly

protected.

33. Under this reading of the statute,

section (f)(7)(A)(i) requires Class A

applicants and licensees to protect ‘‘the

predicted Grade B contour (as

of * * * [November 29, 1999], or as

proposed in a change application filed

on or before such date)’’ of analog

facilities. Thus, Class A stations must

protect the predicted Grade B contour of

analog stations licensed or granted a

construction permit as of November 29,

1999, as well as of facilities proposed in

certain pending analog applications. We

note that the phrase ‘‘predicted Grade B

contour’’ is singular. We believe that the

best interpretation of this phrase, as

modified by the parenthetical in section

(f)(7)(A)(i), is that it limits the facilities

proposed in applications pending as of

November 29, 1999 that must be

protected by Class A stations to those

for which there is a single, reasonably

ascertainable predicted Grade B contour

as of that date. These applications

consist of post-auction applications,

applications proposed for grant in

pending settlements, and any singleton

applications cut off from further filing.

The applications in each of these

categories have progressed through the

cut off stage and the identity of the

successful applicant in each case has

been determined. Class A applicants

thus can identify a single predicted

Grade B contour with respect to these

applications for which protection must

be afforded and are not required to show

that they will not interfere with

multiple, hypothetical contours that

may not turn out to be actual contours,

if the applicant in question does not

ultimately receive the station license.

34. Moreover, we believe that this

interpretation of the statute best reflects

the intent of Congress as expressed in

the overall statutory scheme. Under the

interpretation we proposed in the

NPRM, Class A applicants and licensees

would not have been required to protect

post-auction applications for which a

construction permit had not been issued

as of the date of enactment of the CBPA.

There is no language in the statute or

the legislative history that suggests that

Congress intended a result so

dramatically inconsistent with its grant

of auction authority to the Commission

in the Balanced Budget Act of 1997. As

the Supreme Court recently noted, it is

a ‘‘fundamental canon of statutory

construction that the words of a statute

must be read in their context and with

a view to their place in the overall

statutory scheme.’’ The Court further

stated that ‘‘the meaning of one statute

may be affected by other Acts . . .’’ We

agree with CBA that, in securing the

future of qualified LPTV stations,

Congress did not intend to disrupt the

rights and long-settled expectations of

applicants for pending NTSC facilities

that have prosecuted their applications

past the cut off stage and to the point

that a final successful applicant has

been identified. Instead, Congress

intended to place Class A licensees on

roughly even footing with full-service

licensees, while protecting the DTV

transition. These pending cut-off NTSC

applications are protected against new

full-service analog applicants, and

therefore should be protected by Class A

applicants.

35. We believe making these

distinctions is consistent with Congress’

intent because requiring Class A

applicants to protect applications that

have progressed through the cut-off

stage strikes an appropriate balance

between the rights of pending

applicants versus the interests of LPTV

stations seeking primary status.

Applicants that have prosecuted their

applications through the cut off stage

and to the point that the identity of the

successful applicant is known have in

most cases invested substantial

resources in filing and prosecuting their

applications. Most of these applications

have been pending for some time, and

LPTV stations affected by the facilities

proposed in these applications have

long been on notice that they would

ultimately be displaced or be required to

reduce their facilities. Requiring Class A

applicants to protect applications that

had progressed through this stage by

November 29, 1999 is both equitable

and a reasonable reading of the CBPA.

4. New DTV Service

36. Decision. Upon further reflection,

we have decided we should treat new

DTV station applications in the same

manner as we are treating new NTSC

station applications. That is, we would

require Class A applicants to protect

pending applications for a new DTV

station that were on file November 29,

1999 and that had completed all

processing short of grant as of that date.

However, there are no new DTV station

applications that were pending

November 29, 1999 or that are currently

pending. Before such an application

will be accepted, a rule making

proceeding must be completed to allot

a new DTV channel to a community. At

this time, we have not completed any

such rule making proceeding. In a new

DTV allotment rule making, we will

require protection of Class A stations.

We will not require Class A applicants

to protect pending allotment proposals

from new DTV entrants, that is,

petitioners who do not already have a

DTV authorization.

5. DTV Maximization

a. Definition of Maximization—

37. Decision. We believe that the best

interpretation of the term

‘‘maximization,’’ as used in the statute,

refers both to power and antenna height

increases above the values allotted in

the DTV Table, and to site changes that

extend the service area of DTV facilities

beyond the NTSC replication facilities.

A broad interpretation of the term

maximization is consistent with the

CBPA’s emphasis on protecting the

digital transition. Permitting changes to

technical parameters and sites gives

broadcasters wider flexibility to

maximize coverage and maximize

service to the public. In addition, by

construing the term maximization to

include site changes sought by fullservice DTV stations, we allow such

stations greater flexibility to seek

engineering solutions that provide for

efficient spectrum use. In this regard,

we have historically encouraged

applicants to employ coordination and

interference agreements, including colocation of facilities, as a means of

resolving interference conflicts. Site

changes are often integral to such

agreements.

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29991

38. We indicated in the NPRM that

the statutory language is ambiguous

regarding the protection to be accorded

by Class A applicants to DTV stations

seeking to replicate or maximize power.

Section (f)(1)(D), entitled ‘‘Resolution of

Technical Problems,’’ directs the

Commission to preserve the service

areas of LPTV licensees pending final

resolution of a Class A application. That

section further provides that if, after

certification of eligibility for a Class A

license, ‘‘technical problems arise

requiring an engineering solution to a

full-power station’s allotted parameters

or channel assignment in the digital

television Table of Allotments, the

Commission shall make such

modifications as necessary (1) to ensure

replication of the full-power digital

television applicant’s service

area * * *; and (2) to permit

maximization of a full-power digital

television applicant’s service

area * * * ’’ (if the applicant has

complied with the notification and

application requirements established by

that section). Although section (f)(1)(D)

appears to tie replication and

maximization to resolution of technical

problems, section (f)(7) appears to

require all applicants for a Class A

license or modification of license to

demonstrate protection to stations

seeking to replicate or maximize power,

as long as the station seeking to

maximize has complied with the

notification and application

requirements of section (f)(1)(D),

without reference to any need to resolve

technical problems on the part of the

DTV station. Despite the reference in

section (f)(1)(D) to technical problems,

we continue to believe it is more

consistent with the statutory schemes

both for Class A LPTV service and for

digital full-service broadcasting to

require Class A applicants to protect all

stations seeking to replicate or

maximize DTV power, as provided in

section (f)(7)(ii), regardless of the

existence of ‘‘technical problems.’’ The

large majority of commenters that

addressed this issue concur with this

view. Stations seeking to maximize

must comply with the notification

requirements in section (f)(1)(D). This

interpretation seems most consistent

with the intent of Congress to protect

the ability of DTV stations to replicate

and maximize service areas.

b. Preserving the Right to Maximize—

39. Decision. As a preliminary matter,

we believe that all DTV licensees are

entitled, at a minimum, to replicate the

service area of their analog station. As

we stated in the Sixth R&O in the DTV

proceeding, we believe that service

replication is important to ensure that

digital broadcasters can continue to

reach the audiences to which they

provide analog service and that viewers

continue to have access to the stations

they can receive over-the-air. In

enacting the CBPA, Congress made clear

that Class A service would not interfere

with this service replication principle.

As Congress stated, ‘‘recognizing the

importance of, and the engineering

complexity in, the FCC’s plan to convert

full-service television stations to digital

format, [the CBPA] protects the ability

of these stations to provide both digital

and analog service throughout their

existing service areas.’’

40. The CBPA also recognizes and

preserves the right of full-service

television broadcasters to maximize

their digital television service area, but

balances this right against the provision

of stability to Class A applicants and

licensees. Sections (f)(1)(D) and (f)(7)(A)

of the CBPA require Class A applicants

to protect stations seeking to maximize

power, if such stations have filed an

application for maximization or a notice

of intent to seek maximization by

December 31, 1999, and filed a bona

fide application for maximization by

May 1, 2000.

41. There are 17 full-service television

stations that have been allotted both

NTSC and DTV channels that lie outside

the DTV core spectrum. The

Commission has stated that stations

with both NTSC and DTV channels

outside the core spectrum will be

assigned new channels within the core

from spectrum recovered after the

transition. As a number of commenters

in this proceeding point out, the

deadlines established in the CBPA for

filing an application for maximization

create a dilemma for these stations.

These stations are required to file a

maximization application to preserve

their rights; however, they either cannot

or do not want to maximize facilities on

an out-of-core channel. Several

commenters argue that these stations

should not be required to file a

maximization plan based on their

temporary out-of-core DTV assignment,

as maximization is expensive and these

stations will not be operating on those

channels after the transition. Moreover,

these commenters argue that requiring

maximization on an out-of-core channel

does not provide certainty to Class A

stations because the required

interference protection will ultimately

involve a different in-core channel.

42. The problem of preserving the

rights of full-service stations in this

situation, and balancing those rights

against the provision of certainty to

Class A stations, is extremely complex.

After careful consideration, we will

adopt the following compromise. To

preserve their ability to maximize once

assigned a channel within the core, we

will require stations with both NTSC

and DTV channels outside the core to

nonetheless maximize their DTV service

area on their temporary out-of-core DTV

channel. These stations must have filed

a notice of intent to maximize and must

file an application to maximize within

the deadlines mandated by the CBPA.

Once these stations are assigned a

permanent in-core DTV channel, we

will allow these stations to carry over to

their in-core channel the maximized

digital service area achieved on the outof-core channel, to the extent that the

in-core channel facilities for

maintaining the maximized service area

provide required interference protection

to other DTV stations. Section (f)(1)(D)

of the statute gives us broad authority to

resolve problems arising with respect to

replication and maximization, including

problems involving the assignment of

channels such as those faced by stations

with out-of-core channel assignments.

Thus, stations seeking to carry over their

maximized service areas to their newly

assigned in-core DTV channels will

have priority over conflicting Class A

facilities.

43. We believe this approach strikes a

reasonable balance between the rights of

full-service stations and Class A

facilities. While we recognize that there

may be inefficiencies involved in

requiring maximization on an out-ofcore channel to preserve the right to

maximize later on an in-core channel,

allowing all full-service stations outside

the core to ‘‘reserve’’ the right to

maximize on unidentified channels

within the core reduces substantially

the certainty that can be accorded to

Class A facilities. As we recognized in

our DTV biennial review, core spectrum

is becoming increasingly crowded and it

will become increasingly difficult to

locate channels for all parties seeking

DTV spectrum in the core after the

transition. In view of the difficulty in

establishing priorities among the

numerous parties seeking in-core

spectrum, we believe it is reasonable to

require stations with both NTSC and

DTV assignments outside the core to

first maximize DTV service on an outof-core channel in order to retain the

right to replicate that maximized service

area on an in-core channel.

44. We will apply a similar

requirement to stations with an analog

channel within the core and a DTV

channel outside the core, as well as to

those stations with both channels inside

the core that intend to convert their

DTV operations to their analog channel

29992 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

at the end of the transition. These

stations will also be required to

maximize on their DTV channel in order

to preserve their right to carry over that

maximized service area to their analog

in-core channel. We also believe that the

CBPA requires that these stations must

have filed a notice of intent to maximize

and must file an application to

maximize within the deadlines

established in the statute. In addition,

the maximized facilities they ultimately

propose for DTV operation on their

analog channel must provide required

interference protection to other DTV

stations. The election of a posttransition DTV channel by stations with

both the analog and DTV allotments

within the core is an issue discussed in

our DTV biennial review.

c. Allotment Adjustments.—

45. Decision. As we indicated in the

NPRM, we recognize that it may be

necessary to permit DTV stations to

change channels and make adjustments

to station facilities in order to correct

unforeseen technical problems. For

example, it was necessary in some cases

to make DTV Table allotments on

adjacent channels at noncollocated

antenna sites in the same markets,

which raised concerns among

broadcasters over possible adjacent

channel interference. In addition to

changing some of those allotments, we

stated that we would address these

concerns by tightening the DTV

emission mask and by ‘‘allowing

flexibility in our licensing process and

for modification of individual

allotments to encourage adjacent

channel co-locations * * *’’ We also

provided broadcasters with flexibility to

deal with allotment problems, for

example, by permitting allotment

exchanges among licensees in the same

or adjacent markets.

46. Section (f)(1)(D) of the CBPA gives

full-service stations the flexibility to

make these kinds of necessary

adjustments to DTV allotment

parameters, including channel changes,

even after certification of an LPTV

station’s eligibility for Class A status.

That section provides for an exception

to protection of Class A facilities to

resolve ‘‘technical problems’’ associated

with DTV replication and maximization,

and provides for such modifications

when necessary to ‘‘a full-power

station’s allotted parameters or channel

assignment in the digital television

Table of Allotments.’’ This language

indicates that maximization

encompasses channel changes as well as

site changes and changes to technical

parameters. Thus, stations that have

filed an application for maximization or

a notice of intent to maximize by

December 31, 1999 and an application

for maximization by May 1, 2000 have

flexibility to make adjustments to the

facilities proposed in these

maximization applications where

necessary to resolve technical problems

that prevent implementation of the

facilities proposed in these applications.

47. We will not require full-service

stations requesting an adjustment to the

DTV Table that will cause interference

to the protected service contour of a

Class A station to demonstrate that the

adjustment can only be made in this

fashion. We have outlined above the

replication and maximization rights of

full-service DTV licensees vis-a-vis

Class A facilities, and do not believe

that imposing additional obligations on

DTV licensees to justify a modification

request is warranted. However, we note

that in the interest of ensuring efficient

spectrum utilization we may question

modification requests that unnecessarily

impinge on Class A service. In addition,

while we will not give Class A stations

affected by allotment adjustments made

to accommodate DTV stations the

automatic right to exchange channels

with the DTV station, we will consider

such allotment exchanges on a case-bycase basis where both parties consent

and where the parties meet all

applicable interference requirements on

the new channel. Where we determine

such swaps meet interference and other

criteria, we will not consider competing

applications for these channels.

D. Methods of Interference Protection to

Class A Facilities

48. Decision. We will adopt the

protection methods proposed in the

NPRM. We first present the standard

methods for protecting Class A service

and then discuss alternative methods

that may be used on a waiver basis.

1. Analog Full-Service TV Protection to

Analog Class A

49. We will require full-service analog

TV stations to protect Class A stations

by using the criteria in § 74.705, a

position supported by the CBA, MSTV/

NAB and other commenters. We agree

with CBA that protection requirements

generally based on distance separations

would be impractical and spectrally

inefficient because LPTV stations have

been authorized at different antenna

heights and powers on the basis of a

contour protection methodology. Table

1 below gives the D/U ratios that must

be met or exceeded at the Class A

protected signal contours.

TABLE 1

Service band

Protected

Class A

contour

(dBu)

Co-channel

D/U ratio

(dB)

1st upper

adjacent

channel D/U

ratio (dB)

1st lower

adjacent

channel D/U

ratio (dB)

14th upper

adjacent

channel D/U

ratio (dB)

15th upper

adjacent

channel D/U

ratio (dB)

Low VHF (channel 2–6) ........................... 62 +28/45 ¥12 ¥6 n/a n/a

High VHF (channels 7–13) ...................... 68 +28/45 ¥12 ¥6 n/a n/a

UHF (channels 14–69) ............................. 74 +28/45 ¥15 ¥15 ¥23 ¥6

The Class A protected signal contours

are to be determined by using the

Commission F(50,50) signal propagation

model. Potentially interfering signal

levels at the protected contour are to be

determined by using the F(50,10)

propagation model for co-channel

signals and the F(50,50) model for the

1st, 14th and 15th adjacent channel

signals. Interference predictions will be

based on the facilities proposed in the

NTSC application. Parties with pending

petitions for new NTSC channel

allotments or those requesting modified

channel allotments must identify

reference facilities (site coordinates and

elevation above mean sea level (msl),

effective radiated power, antenna

radiation center height above msl, and,

if desired, antenna radiation pattern and

orientation) for the purpose of showing

the necessary contour protection.

50. We will adopt a 45 dB D/U ratio

for co-channel interference protection

for situations where a Class A station

proposal does not specify a carrier

frequency offset or where the proposed

and protected co-channel stations

specify the same offset. Where different

offsets are specified between the

proposed and protected stations, a 28

dB D/U ratio will apply. The TV Table

of Allotments is constructed on the

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29993

basis of frequency offsets; that is, all

full-service TV stations operate on

different offset frequencies with respect

to their nearby co-channel stations.

Offset operation permits significantly

more efficient utilization of the

broadcast spectrum; there is a difference

of 17 dB between the co-channel D/U

ratios for offset and nonoffset

operations. The LPTV rules permit, but

do not require offset operation. As a

means of facilitating a ‘‘minimization of

interference and maximization of

service’’ we agree with du Triel, Lundin

& Rackley, Inc. (du Triel) that analog

Class A stations should operate with a

carrier frequency offset and realize the

advantages of offset operation wherever

possible. Many LPTV stations already

operate on this basis. Nevertheless, we

will not make operation with a carrier

offset a condition for an initial Class A

license. However, we will require Class

A licensees seeking facilities increases

to specify an offset in their modification

applications unless they can

demonstrate it would not be possible to

realize the efficiencies of offset

operation. For example, a Class A

station could be situated between three

or more neighboring co-channel NTSC,

LPTV or translator stations that use all

available carrier offsets: plus, minus and

zero. Any offset chosen by the Class A

station would be the same as that of one

of the neighboring stations, rendering

the 28 dB co-channel D/U ratio

inapplicable. In that event, use of the 28

dB ratio could result in interference to

the Class A station, and, therefore, the

45 dB co-channel D/U ratio will be

applied.

51. Section 74.705 (a) of the LPTV

rules generally requires the site of a

proposed UHF LPTV station to be

located at least 100 kilometers from the

site of a protected full-service station

operating on the 7th adjacent channel

above the proposed channel. It also

requires LPTV proposals for stations

with more than 50 kilowatts of effective

radiated power to be separated by at

least 32 kilometers from full-service

stations operating on the 2nd, 3rd, and

4th adjacent channel above or below the

requested channel. We disagree with du

Triel’s proposal that we eliminate the

14th adjacent channel protection

requirements in Table 1 above and the

32-kilometers spacing requirements for

protection of Class A stations. Du Triel

states that the potential for interference

to a Class A station from stations

operating on these ‘‘UHF taboo

channels’’ is limited to the immediate

vicinity of the ‘‘taboo channel’’ station’s

transmitter site. It also notes that

because of their secondary status, LPTV

stations have been authorized without

consideration of interference that would

be caused to them by ‘‘taboo channel’’

stations and that it is unaware of any

instances of significant interference to

LPTV stations by ‘‘taboo channel’’ fullservice stations. Du Triel concludes

that, with declining spectrum

availability, it is ‘‘unreasonable’’ to

require other NTSC stations (fullservice, Class A and LPTV) to protect

Class A stations operating on any

‘‘taboo’’ channel other than the upper

15th adjacent channel, which has a

greater potential for interference. DLR

does not propose eliminating the

‘‘taboo’’ interference requirements for

Class A, LPTV and TV translator

protection of full-service NTSC stations.

If the operation of a full-service ‘‘taboo

channel’’ TV station, with 1 megawatt or

more of power, would pose a minimal

interference risk to Class A service, the

much lower power levels of Class A

stations would pose even less risk to the

service of full-power stations. Thus, if

we were to eliminate requirements to

protect Class A stations from

interference on the ‘‘taboo channels,’’

we would also eliminate all remaining

requirements that Class A stations

protect full-service stations operating on

these channels. In the recently

concluded DTV proceeding, the

Commission relaxed several interference

protection requirements for LPTV

stations. While we understand du

Triel’s reasoning, it would not be

appropriate to adopt further relaxation

on the basis of the scant record on this

issue in this proceeding. However, we

believe du Triel’s suggestions may

warrant further consideration in a

subsequent proceeding. We will also

adopt our proposal in the NPRM to

accept applications for NTSC facilities

modifications that would not create new

interference to Class A stations, beyond

the interference already predicted by the

authorized facilities of such NTSC

stations; these would include, for

example, facilities modifications that

would not further decrease the D/U

ratios at the Class A protected contour.

2. Analog LPTV, TV Translator, and

Class A Protection to Analog Class A

52. We are adopting the proposal in

the NPRM to apply the protection

requirements in § 74.707 to protect Class

A stations from LPTV, TV translators,

and other Class A stations. Commenters

supported this proposal to use the

protection methods by which LPTV

stations protect each other. This method

is well-established and has been welltested.

3. Full-Service DTV Protection to

Analog Class A

53. Where interference protection to

Class A stations is required, full-service

DTV proposals must protect the Class A

service contours in accordance with the

D/U ratios in § 73.623(c)(2) of the DTV

rules for ‘‘DTV into analog TV’’

protection. We will not eliminate

protection requirements from DTV

stations proposing operation on the

‘‘taboo’’ channels, as suggested by du

Triel. The potential for interference to

Class A stations, du Triel contends,

would be limited to the immediate

vicinity of the ‘‘taboo’’ channel DTV

station’s transmitter site. However,

neither du Triel nor any other

commenter analyzes the extent of such

interference. Moreover, digital Class A

stations, with significantly lower power

levels, will be required to protect NTSC

stations on the taboo channels. Parties

filing petitions to amend the DTV Table,

where required to protect Class A

stations, must specify reference facilities

that meet the above criteria. Several

commenters favor basing protection on

the provisions in § 73.622 of the DTV

rules and OET Bulletin 69 (‘‘OET 69’’)

or, alternatively, allowing use of this

methodology where contour protection

requirements cannot be met. We agree

that use of the methods by which DTV

stations protect full-service NTSC

stations would permit flexibility and

could provide more accurate predictions

of interference. However, at this time we

will not adopt Class A protection

standards centered around these

methods. To do so would require

extensive revisions to the computer

interference model (FLR) used by the

Commission and outside engineers to

include the effects of LPTV, TV

translator, and Class A stations. For

now, the contour protection approach is

straight forward and can be readily

implemented without unduly affecting

the preparation and processing of DTV

applications. We will, however, permit

use of the Longley-Rice terrain

dependent propagation model and OET

Bulletin 69 to support waivers of the

Class A interference protection

requirements. We will also permit Class

A station and full-service station parties

to negotiate interference agreements.

4. Full-Service NTSC and DTV

Protection to Digital Class A

54. We will require full-service NTSC

and DTV proposals to protect digital

Class A service contours based on the

protection ratios (D/U) in § 73.623(c)(2)

of the DTV rules for ‘‘Analog TV into

DTV’’ and ‘‘DTV into DTV.’’ These

ratios must be met or exceeded at the

29994 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

protected digital signal contours of Class

A stations. Where protection to a Class

A station is required, parties filing

petitions to amend the TV or DTV

allotment tables must specify reference

facilities that meet the applicable

requirements. We will permit the use of

OET 69 type showings in support of

requests to waive these requirements,

and we will permit interference

agreements among the affected parties.

5. LPTV, TV Translator, and Class A

Modification Protection to Digital

Class A

55. We will adopt the requirements in

§ 74.706 of the LPTV rules for the

contour protection of digital Class A

stations. Application proposals for

analog LPTV, TV translator and those of

Class A facilities modifications must

protect the service contours of digital

Class A stations to the extent provided

by the D/U ratios in this rule.

Application proposals for digital Class

A stations must protect the service

contours of other digital Class A stations

to the extent provided by the ‘‘DTV into

DTV’’ D/U ratios of § 73.623(c) of the

Commission’s Rules. For both analog

and digital applicants, we will permit

terrain shielding, OET 69-type analysis,

or interference agreements in support of

requests to waive the protection

requirements.

6. Alternative Means of Interference

Protection

56. LPTV and TV translator applicants

currently are permitted to support

requests for waiver of certain

interference protection rules on the

basis of D/U ratio protection for colocated stations on 1st and 14th adjacent

channels, terrain shielding and LongleyRice terrain dependent propagation and

OET 69-type methods. We are not

adopting protection standards for Class

A service based on these methods.

However, we agree with AFCCE and

other commenters that we should

permit use of available means of

interference analysis to support requests

to waive the Class A contour protection

requirements. We will permit waiver

requests to be supported by interference

analysis based on OET Bulletin 69, D/

U ratios, terrain shielding and other

considerations. With regard to OET

Bulletin 69 studies, we will not permit

a de minimis interference allowance.

Interference among full-service stations

that is de minimis usually occurs in the

outer reaches of a station’s service area

between the NTSC Grade A and Grade

B contours. Analog and digital Class A

stations will not receive interference

protection to the Grade B contour. Their

protected service contours will be

similar in extent to an NTSC station’s

Grade A contour, which is not nearly as

vulnerable to de minimis service

population reductions. Class A service

areas will be smaller and to a greater

extent more interference-limited than

those of full-service stations. The

viewing audience beyond the Class A

LPTV service contour is unprotected,

and we believe it would be unfair to

subject Class A stations to additional

reductions in service population. For

these reasons we will not at this time

apply a de minimis interference

allowance to the protection of Class A

stations. Where analysis is based on

OET Bulletin 69 methods, we will allow

a ‘‘service population’’ rounding

tolerance of 0.5%, which is also allowed

for NTSC applicants protecting DTV

service. We will permit OET 69-type

studies to take into account reductions

in a Class A service population due to

predicted interference from existing

full-service, LPTV and TV translator

stations (the ‘‘masking’’ of service) and,

on this basis, applicants may

demonstrate that their proposed

facilities would not result in additional

interference within the protected

contours of Class A stations.

57. We concur with commenters who

favor permitting Class A stations to

enter into interference or relocation

agreements with full-service, LPTV, TV

translator and other Class A licensees,

permittees or applicants. Paxson notes

that full-service stations may now enter

into voluntary channel coordination and

interference agreements and believes

that Class A stations with ‘‘quasiprimary’’ status should similarly be

permitted to enter into agreements to

resolve interference concerns. Our rules

permit DTV stations to negotiate

interference agreements with other

analog and DTV stations, including the

exchange of money or other

compensation. Agreements will be

approved if the Commission finds them

to be consistent with the public interest.

LPTV and TV translator licensees,

permittees and applicants are also

permitted to enter into interference

agreements, such as those involving

terrain shielding. We are persuaded that

Class A stations should also be

permitted to negotiate interference

agreements or relocation arrangements

with full-service, low power service and

other Class A licensees, permittees or

applicants. Agreements may include

monetary compensation or other

considerations from one station to

another. Agreements must be submitted

with the related applications for initial

or modified broadcast facilities. The

Commission will grant applications

submitted pursuant to agreements if it

finds the public interest would be

served.

E. Methods of Interference Protection by

Class A to Other Facilities

1. Class A Protection of NTSC

58. Decision. We are adopting the

proposal from the NPRM that Class A

stations protect the NTSC Grade B

contour in the manner given in § 74.705

of the LPTV rules. It is supported by

most of the commenters that addressed

this issue. However, SBE suggests a

different analysis based on the LongleyRice propagation model with an NTSC

TV station allowed to object if a Class

A station would be the source of unique

(not masked) interference to any

viewers. SBE also indicates that this

interference analysis should be based on

the proposed main beam effective

radiated power (ERP) and not on the

ERP toward the radio horizon that LPTV

and TV translator applicants are now

permitted to use. We believe the SBE

proposals would add unnecessary

complexity to a well-established and

well-tested process. Class A stations can

be established without undue risk of

excessive interference to NTSC TV

stations if the Class A facilities conform

to the LPTV protection standards

contained in § 74.705 of our rules.

Moreover, where a requested Class A

station does not provide the protection

required by that rule, § 74.705(e)

specifies that a waiver can be requested

based on terrain shielding and use of the

Longley-Rice model to demonstrate that

actual interference would not be

predicted to occur.

2. Class A Protection of DTV

59. Decision. We are adopting the

proposal from the NPRM regarding Class

A protection of DTV service. Analog and

digital Class A station proposals

generally will be subject to the

protection criteria in §§ 73.622 and

73.623 of our rules and in OET Bulletin

69. Commenters generally supported

this proposal. Some commenters

question allowing interference to 0.5%

of the DTV service population as a

rounding tolerance. NAB/MSTV are

concerned about the cumulative effect

of several Class A stations. SBE suggests

that a DTV station should be allowed to

object if a Class A station would be the

source of unique (not masked)

interference to any viewers in its

authorized service area, although it

agrees with use of the 0.5% criteria for

interference to allotted DTV facilities.

Media-Com Television, Inc. (MediaCom) supports the DTV interference

analysis procedure, but suggests that we

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29995

should allow interference to 2% of the

population served by the DTV station to

be considered de minimis, as we

generally allow that amount of

interference to be caused by other DTV

stations. We are not persuaded that

more than 0.5% interference should be

allowed. Full-service NTSC stations are

limited to that amount and the statute

does not require higher status for Class

A stations in this regard. Neither are we

convinced that any one DTV station will

be subject to interference from so many

Class A stations that the cumulative loss

of DTV service would be significant.

Finally, we note that the statute

provides that Class A applicants also

must protect the DTV service areas

provided in the DTV Table of

Allotments and the DTV Table includes

approximately 40 vacant

noncommercial educational DTV

allotments that must be protected.

3. Protection of LPTV and TV

Translators

60. Decision. We are adopting the

proposal from the NPRM that Class A

stations protect the LPTV and TV

translator protected contours on the

basis of the standards given in § 74.707

of the LPTV rules, i.e., on the basis of

compliance with certain desired-toundesired signal strength ratios.

Commenters generally supported this

proposal. SBE did request that we

clarify that the specified LPTV and TV

translator protection rule involves

contour overlap prohibitions and not

simply application of desired-toundesired signal strength ratios. We will

require protection pursuant to all

provisions in § 74.707 of the rules,

which are based on prohibited contour

overlap. For purposes of implementing

section (f)(7)(B) of the CBPA, we agree

with K Licensee, Inc. (K Licensee) that

interference caused within the protected

contour of a licensed LPTV or TV

translator station or that of a

construction permit or pending

application should not be counted

against an applicant for a Class A

authorization if that interference is

permitted by the LPTV rules, taking into

account the manner in which LPTV and

TV translator stations are authorized.

The rules require new LPTV stations to

protect existing LPTV and TV translator

stations within their defined protected

contours. However, the rules do not

prohibit new stations from receiving

interference from existing stations.

LPTV and TV translator stations may

also enter into written agreements to

accept interference from other LPTV or

TV translator stations. As a result of

these provisions, many LPTV stations or

proposed stations may be predicted to

receive interference within their

protected contours from earlierauthorized stations. We believe it would

be inconsistent with the objectives of

the CBPA to count such permissible

interference against applicants for Class

A stations, nor should interference

resulting from a negotiated agreement be

counted. We are not permitting LPTV

licensees to request facilities

modifications in their applications for

initial Class A authorizations. Therefore,

any interference from existing LPTV

facilities within the protected contours

of later authorized and proposed LPTV

and TV translator facilities is permitted

by the LPTV rules and will be

grandfathered for the purposes of

section (f)(7)(B) of the CBPA.

4. Land Mobile Radio Services and TV

Channel 16

61. Decision. With respect to general

land mobile protection, we are adopting

our proposal to use the criteria in

§ 74.709 of the rules. This proposal was

supported by the NY Police and no

commenters opposed it. With respect to

the Channel 16 New York City situation,

the NY Police object to the premise that

there is no obligation for WEBR–LP, due

to the waiver, to protect land mobile

operations, indicating that the NPRM

ignores the current practice between the

member public safety agencies and

WEBR–LP to coordinate actions and

ensure that neither party interferes with

the other’s transmission. K Licensee

argues that the Commission must

implement specific interference

requirements in a manner consistent

with congressional intent and with

sensitivity to the impact such

implementation will have on deserving

stations such as WEBR–LP, the only free

Korean-language licensee serving New

York City metropolitan area. We believe

that it is most consistent with the

statutory scheme and with the waiver

granted for public safety land mobile

use of Channel 16 in New York City that

WEBR–LP and the NY Police continue

to cooperate to ensure that neither party

interferes with the other’s transmission

on Channel 16. The parties have entered

into a written agreement pursuant to

which they will advise each other at

least 60 days in advance of any change,

alteration, or modification in its

transmission facilities that may

adversely affect or cause interference to

the other party’s communications

system(s). As requested by both parties,

we have included a copy of this

agreement in the record of this

proceeding, and will include it in the

record of any application filed by

WEBR–LP to become a Class A

television station. We believe that the

current situation is satisfactory and that

continued cooperation between the

parties will permit maximal use of the

spectrum in New York City.

F. Change Applications

62. Decision. In the event that a DTV

station that has been granted a

construction permit to maximize or

significantly enhance its digital

television service area later files an

application to reduce its digital

television service area, the protected

contour of that station will be the

reduced digital service area as long as

that area is not less than the area

resulting from the ‘‘replication’’

facilities provided in the DTV Table of

Allotments. Where a DTV station

chooses to operate with technical

parameters less than those allotted in

DTV Table, we will require Class A

stations to nonetheless protect the

service area produced by the

‘‘replication’’ facilities established in

the Table. We agree with MSTV/NAB

that the service areas in the DTV Table

represent the minimum degree of

interference protection that must be

accorded by Class A stations to fullservice stations. Section (f)(7)(A)(ii)(I) of

the CBPA requires that Class A stations

cause no interference to the digital

service areas provided in the Table.

G. Common Ownership

63. Decision. After review of the

record, we will adopt our initial

tentative conclusion and will not

impose any common ownership

limitations on holders of the new Class

A licenses. We agree with the

commenters who argue that Congress

intended that Class A stations be

exempt from existing common

ownership requirements and that this

exemption should apply when a license

is subsequently transferred to a buyer

with other media interests. As noted

above, Congress directed that common

ownership with any other medium of

mass communication will not disqualify

a potential Class A licensee. We believe

that the only logical outgrowth of

Congress’ language here is that the lack

of common ownership rules would also

apply to transferred ownership.

H. Issuance of DTV Licenses to Class A,

TV Translator, and LPTV Stations

64. Decision. As an initial matter, we

note that Class A stations may convert

their existing channel to digital

broadcasting at any time. However, we

conclude that the plain reading of the

CBPA, as well as the legislative history

of the Act, does not require us to issue

an additional license for DTV services to

Class A or TV translator licensees, but

29996 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

does require us to accept DTV

applications from licensees of Class A or

TV translator stations that meet the

interference protection requirements

that are identified in the statute.

65. As we stated in the NPRM, there

currently are a number of full-service

permittees and licensees who do not

have a paired DTV channel because they

received their construction permits after

the cut-off date for eligibility for the

initial paired DTV licenses. Some

commenters contend that, if we decide

to award additional channels for DTV,

we should give priority to such fullservice licensees and permittees who

are currently precluded from applying

for a paired DTV channel. WB, for

example, suggests that any additional

channels should first be awarded to fullservice licensees, and that we should

apply to Class A licensees the same

technical and service rules as are

applied to full-service licensees.

66. Although the statute requires us to

accept Class A applications for

additional DTV licenses, it does not

direct us to issue such licenses to Class

A licensees. We agree with MSTV and

NAB that we should exercise restraint

with respect to issuing additional DTV

licenses in order to preserve spectrum to

accommodate needs associated with the

transition of full-service stations to

digital service. Moreover, we find that

the various issues concerning the means

of issuing additional DTV licenses for

Class A stations to be outside the scope

of this rulemaking. We note that the

transition to DTV is scheduled to end in

2006, and that a number of issues

regarding the transition are yet to be

resolved in future DTV proceedings. We

therefore defer matters regarding the

issuance of additional DTV licenses for

Class A stations to a future rulemaking.

I. Interim Qualifications

1. Stations Operating Between 698 and

806 MHz

67. Decision. We will extend the

presumption of displacement to LPTV

stations and TV translators authorized

on channels 52–59. We will permit

these stations to file displacement

applications immediately if they can

locate a replacement channel within the

core spectrum. The majority of the

commenters that addressed this issue

supported extending the presumption of

displacement to these stations. Many of

these stations would be barred from

becoming Class A stations if they cannot

secure a replacement channel below

channel 52. We believe it is most

consistent with Congress’ intent to

provide qualified LPTV stations the

opportunity to obtain Class A status to

permit such stations on channels 52–59

to seek a replacement channel now on

which they may apply for a Class A

license. Any displacement applications

filed by LPTV (Class A or non-Class A)

or TV translators will receive equal

treatment for processing purposes.

68. We recognize that full-service

NTSC broadcasters on channels 52–59

may also seek to relocate to an in-core

channel and such a proposal may

conflict with a displacement application

filed by an LPTV station seeking to

move from channels 52–59. For the time

being, these full-service stations may

continue to operate on their present

channel and most of them have an incore paired DTV channel allotment.

Nevertheless, we do not want to grant a

displacement application that might

preclude a move to an in-core channel

without giving these broadcasters an

opportunity to seek such a channel

change. The process for the full-service

station moving to an in-core channel

involves filing a petition for rule making

seeking to amend the TV Table of

Allotments. The Commission invites

comments on the proposal in a NPRM

and based on the record, decides

whether or not to make the proposed

change in a R&O. Conflicting proposals,

referred to as counterproposals, must be

filed during the time period for initial

comments, so that an opportunity exists

for comments on the counterproposal to

be filed during the time period allowed

for reply comments. In order to be

considered in a channel-change

rulemaking proceeding, a conflicting

displacement application from an LPTV

station that has been determined to be

eligible for Class A status must be filed

by the end of the initial comment filing

period. Conflicting displacement

applications filed after that date will be

dismissed.

69. Where such a preclusive

displacement application seeking to

move from channels 52–59 to an in-core

channel is filed by an LPTV station

eligible for Class A status before a fullservice rulemaking petition, we believe

it is appropriate to allow a similar,

limited opportunity for a conflicting

proposal to be filed. Complete and

acceptable displacement applications

are announced in a Commission Public

Notice called a ‘‘Proposed Grant List.’’

We will identify any displacement

applications filed by Class A eligible

stations in future Proposed Grant Lists.

Petitions for a channel change filed by

a full-service NTSC licensee or

permittee must be filed not later than 30

days from the release of the Public

Notice proposing grant of a conflicting

displacement application. Conflicting

TV rulemaking petitions filed after that

date must protect the Class A eligible

LPTV station’s displacement

application. Similarly, we will apply the

same procedures and time periods to

other displacement applications filed by

LPTV stations eligible for Class A status,

seeking to move from channels 60–69,

or from one in-core channel to another

to avoid DTV or new NTSC interference.

70. We will require LPTV stations on

channels 52–59 that are seeking Class A

status to have filed a certification of

eligibility within the time frame

established in the statute (i.e., by

January 28, 2000). When a qualified

LPTV station outside the core seeking

Class A status locates an in-core

channel, we will require the station to

file a Class A application

simultaneously with its application for

modification of license to move to the

in-core channel. We will provide

interference protection to such stations

on the in-core channel from the date of

grant of a construction permit for the incore channel. As the CBPA prohibits the

award of Class A status to stations

outside the core, we believe it would be

inconsistent with the statute to provide

interference protection on a channel

outside the core. We believe it is

appropriate to commence contour

protection with the award of a

construction permit on the in-core

channel, rather than a license to cover

construction, as these permittees will

have already certified their eligibility for

Class A status. Unlike other Class A

applicants, we will not require LPTV

licensees on out-of-core channels

seeking Class A status to file a Class A

application within 6 months of the date

of adoption of this order. The CBPA

provides that, if a qualified applicant for

a Class A license operating on an outof-core channel locates an in-core

channel, the Commission ‘‘shall issue a

Class A license simultaneously with the

assignment of such channel.’’ The

statute does not impose a time limit on

the filing of such applications.

Accordingly, we will not impose any

time limit on the filing of a Class A

application by LPTV licensees operating

on channels outside the core. However,

we believe that, in most cases, it would

be in the best interest of qualified LPTV

stations operating outside the core to try

to locate an in-core channel now, as the

core spectrum is becoming increasingly

crowded and it is likely to become

increasingly difficult to locate an in-core

channel in the future

2. Channels Off-Limits

71. Decision. We continue to believe

that the requirement of section (f)(6)(B)

of the CBPA that we protect the 175

channel allotments referenced in the

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29997

Commission’s Sixth R&O in the DTV

proceeding from Class A stations is

effectively accomplished now because

these channels are occupied by existing

NTSC or DTV allotments. These

channels will become available for other

parties once full-power stations

discontinue operation on one of their

paired channels at the end of the DTV

transition. Commenters that addressed

this issue agreed with this view.

Accordingly, we need not take further

steps at this time to protect these

channels from Class A service, and need

not adopt our alternative proposal of

prohibiting the authorization of Class A

service on television channels 2–6.

J. Class A Applications

1. Application Forms

72. Decision. We are required, under

the terms of the CBPA, to award Class

A licenses within 30 days after receipt

of acceptable applications. We have

created a streamlined license

application form to be used by LPTV

stations that seek to convert to Class A

status. That form, Form 302–CA,

requires a series of certifications by the

Class A applicant and is attached to this

R&O. Where a construction permit to

modify licensed facilities has been

issued, a licensee may choose whether

to file its Class A application on its

license or on its authorized construction

permit. Until that choice is made, we

will protect the facilities reflected in the

construction permit. We will not require

a letter perfect application, but will

accept applications on a ‘‘substantially

complete’’ basis and will process them,

as required by the statute, within 30

days unless the applications contain

omissions or face challenges. For

subsequent modification applications,

Class A stations will be required to

submit modified versions of Forms 301

and 302, to be released at a later date.

73. Normally, license applicants are

not required to provide local public

notice of their applications. However,

since the nature of the underlying

service is changing from secondary to

primary service, Class A license

applicants will be required to provide

local public notice of their applications.

Two weeks before and after submission

of their applications, Class A applicants

must provide weekly announcements to

their listeners informing them that the

applicant has applied for a Class A

license, and announcing the public’s

ability to comment on the application

prior to Commission action.

2. Class A Facilities Changes

74. Decision. We will adopt our

proposal to define Class A facilities

modifications in a manner that permits

greater flexibility and does not require

window application filings for most

changes. Channel change requests, other

than changes in frequency offset, will be

considered major changes. All other

proposed facilities changes will be

considered ‘‘minor’’, including changes

in station power, antenna height and

antenna horizontal radiation pattern and

orientation of directional antenna.

Proposed changes in transmitting

antenna site location will also be

classified as minor, provided the

protected signal contour resulting from

the relocated site would overlap some

portion of the protected contour based

on the Class A station’s authorized

facilities. This approach will permit

flexibility, while preventing Class A

stations from relocating completely

away from the viewing audiences they

presently serve. Proposed site

relocations that do meet this

requirement will be considered major

changes. Proposed changes in Class A

facilities must meet applicable

interference protection requirements

with respect to DTV allotments,

authorized DTV and NTSC TV service

and must protect those pending station

proposals that full-service NTSC TV

applicants are required to protect. In

addition, the CBPA requires proposals

for Class A facilities changes to protect

licensed LPTV and TV translator

facilities, those authorized by

construction permit, and those proposed

in pending applications filed with the

Commission prior to the filing of the

Class A application.

75. Commenters are divided on

whether proposed Class A facilities

changes should be required to protect

NTSC TV service based on authorized or

maximum permissible facilities. Several

commenters favor protection of

maximum facilities. MSTV and NAB

contend that this is necessary so as not

to threaten the ability of DTV stations to

return to their analog channels at the

end of the DTV transition without

incurring a loss of service area.

However, we agree with du Treil and

other commenters that this approach is

not spectrally efficient because it would

require protection of facilities that could

never be authorized due to interference

constraints. As a result, Class A

licensees could be unnecessarily

hindered in seeking facilities changes or

locating replacement channels in the

event of channel displacement.

Therefore, Class A facilities

modification proposals will be required

to protect full-service TV Grade B

contours based on authorized facilities.

We will, however, permit full-service

NTSC and Class A station licensees and

permittees to file mutually exclusive

minor change applications until grant of

the pending NTSC and Class A minor

change applications. Mutually exclusive

applications will be resolved through

the auction process in the event the

parties do not eliminate the mutual

exclusivity through ‘‘minor’’

engineering amendments to their

applications. We will give notice of

Class A facilities minor change

applications in the manner notice is

given for such NTSC TV applications.

We will not establish a petition to deny

period for Class A minor change

applications; however, these

applications will be subject to the filing

of informal objections. We will also

adopt the above provisions for digital

Class A stations. Class A stations may

file minor change applications for the

purpose of converting to digital

operations on their analog channels.

76. As contemplated in the NPRM, we

will apply the more inclusive definition

of minor facilities changes to TV

translator and non-Class A LPTV

stations in order to provide additional

flexibility to these stations. NTA

indicates that translators and non Class

A LPTV stations would also benefit

from the ability to file most facilities

changes outside of application filing

windows. We will continue authorizing

in the normal manner those LPTV and

TV translator applications that are filed

pursuant to the current minor change

definition in the LPTV rules. Minor

change application proposals of non

Class A LPTV and TV translator

stations, filed under the more inclusive

definition, must meet all applicable

interference protection requirements to

authorized stations. These applications

must also protect the facilities proposed

in full-service NTSC TV minor change

applications, regardless of which

applications are earlier filed. The CBPA

requires Class A facilities modification

proposals to protect earlier-filed LPTV

and TV translator applications.

Therefore, we are adopting a first-come,

first-served policy with respect to the

minor change applications of LPTV, TV

translator, and Class A stations. We do

not want minor change application

proposals, under the more inclusive

definition, to complicate the

authorization of initial Class A licenses,

nor displacement relief applications that

may be filed shortly after adoption of

this R&O. We note that displacement

applications would have a higher

priority than non-displacement minor

change applications, regardless of which

are filed earlier. For this reason, we will

not permit the filing of Class A, LPTV

29998 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

and TV translator facilities change

applications, pursuant to the more

inclusive minor change definition, until

October 1, 2000. However, minor

change applications under the less

inclusive definition in the LPTV rules

may continue to be filed by LPTV, TV

translator, and Class A permittees and

licensees.

3. Class A Channel Displacement Relief

77. Decision. The Commission will

adopt its proposal and allow displaced

Class A station licensees and permittees

to apply for replacement channels on a

first-come, first-served basis, not subject

to mutually exclusive applications. We

will adopt generally the displacement

relief policies and procedures that apply

in the low power television service.

Class A stations causing or receiving

interference with full-service NTSC TV,

DTV or any other service or predicted to

cause prohibited interference or to

receive interference may apply at any

time for a replacement channel, together

with any technical changes that are

necessary to eliminate or avoid

interference or continue serving the area

within the station’s protected signal

contour. Site relocation proposals will

be permitted in displacement

applications, provided the protected

signal contour resulting from the

relocated site would overlap some

portion of the protected contour based

on the Class A station’s authorized

facilities. Class A displacement relief

applications will be filed as major

change applications, given their

protected status. Applications will not

be mutually exclusive with other

displacement applications unless filed

on the same day and, in that event, will

be subject to the auction procedures.

These applications will be placed on

public notice for a period not less than

30 days and will be subject to the filing

of petitions to deny. Class A

displacement relief applications will be

afforded a higher priority than

nondisplacement Class A, LPTV and TV

translator applications, to the exclusion

of those applications that are mutually

exclusive with a Class A displacement

application. We will not prioritize

among Class A displacement

applications, nor will these be afforded

a higher priority than LPTV and TV

translator displacement applications.

Displacement applications filed on the

same day by Class A, non-Class A LPTV

or TV translator stations will be

mutually exclusive and subject to the

auction procedures. In such cases, we

encourage engineering solutions to

remove the mutual exclusivity wherever

possible.

K. Remaining Issues

1. Call Signs

78. Decision. We will allow Class A

stations to use standard television call

signs with the suffix ‘‘–CA’’ to

distinguish the stations from ‘‘–LP’’

stations. We agree with CBA, National

Minority T.V., Inc. (NMTV) and others

that use of the suffix ‘‘–LP’’ would

create confusion between LPTV, LPFM

and Class A stations. Upon grant of its

initial Class A application, the

qualifying LPTV licensee can change its

station’s existing numerical or fourletter low power call sign to a four-letter

call sign with the ‘‘CA’’ suffix. Class A

licensees should use the Mass Media

Bureau’s automated call sign reservation

and authorization system to effectuate

this change by accessing the call sign

change request screen and providing the

required information. While there is no

fee payment required for the initial

change to a four-letter ‘‘–CA’’ call sign,

a subsequent change from one fourletter ‘‘–CA’’ call sign to another will

require payment of a fee.

2. Certification of Class A Transmitters

79. Decision. We have decided to use

the part 73 verification scheme for new

Class A transmitters. Existing LPTV

transmitters will eventually be replaced

by digital equipment, so we will

‘‘grandfather’’ use of these analog

transmitters, except where these

transmitters cause interference due to

spurious emissions on frequencies

outside of the assigned channel. As

noted above, Class A stations proposing

facilities increases, such as increased

power, must specify a frequency offset.

Upon authorization to operate with a

frequency offset, station licensees must

use a transmitter capable of meeting a

frequency tolerance of +1/¥1 kHz.

3. Fees

80. Decision. Consistent with the use

of a part 73 license application form

(302–A), we will apply the existing fullservice television license fee to initial

Class A applications. This fee is lower

than the minor modification fee.

However, we will apply the low power

regulatory fees to Class A stations going

forward. Class A stations, while having

greater rights than the preceding LPTV

stations, will still be greatly limited in

their power and height restrictions. To

require the same regulatory fees as are

required for full-power stations would

be onerous to these small, local

operations. We agree with the CBA that

these lower regulatory fees are more

appropriate in the Class A context,

unless Congress legislates otherwise at

some future time.

4. International Coordination Provisions

81. In establishing rules for Class A

stations, the Commission is mindful of

its obligations under its existing

bilateral agreements with Canada and

Mexico regarding the authorization of

LPTV service in the common border

areas. These agreements do not contain

provisions for analog or digital Class A

TV stations. Under the agreements,

LPTV stations have a secondary status

with respect to Canadian and Mexican

primary television stations and

allotments and must not cause

interference to the reception of these

stations, nor are LPTV stations protected

against interference from these stations.

The agreements also include provisions

for notifying and coordinating LPTV

station proposals in the border areas.

We agree with Grupo Televisa, S.A.

(Grupo) that any authorization of Class

A stations must be consistent with

international agreements. We will

continue to apply the LPTV provisions

in our existing agreements with Canada

and Mexico to LPTV stations, including

those that seek Class A status. Grupo

believes we should not allow primary

status for any LPTV station ‘‘that is

required under the U.S.-Mexican TV

agreements to be operated on a

secondary basis or to be coordinated

between the two governments.’’ We will

not grant an analog or digital Class A

license to any LPTV station affected by

the U.S.-Mexican or U.S. Canadian

agreements without the expressed

concurrence of Canada or Mexico. We

will work over time to update the

current bilateral agreements to recognize

when possible Class A assignments. In

the interim we will attempt to obtain

temporary approval of Class A stations

in the border area or on a case by case

basis. However, any Class A stations

authorized on this basis would be

subject to any conditions resulting from

the coordination process or any final

bilateral agreement reached with

Canada and Mexico.

5. Broadcast Auxiliary Frequencies

82. LPTV stations may be authorized

to operate remote pickup stations and

various TV broadcast auxiliary stations

(BAS). Some LPTV stations use studioto-transmitter links and other fixed

microwave links. LPTV stations may

also conduct electronic newsgathering

operations on BAS frequencies. Licenses

for television pickup, studio-transmitter

link and point-to-point TV relay stations

are issued to LPTV stations on a

secondary basis, such that full-service

stations may displace LPTV station use

of broadcast auxiliary channels. We

agree with SBE that once an LPTV

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29999

station is authorized as a Class A

station, all of that station’s BAS licenses

should automatically be upgraded to

primary status; that is, upon receiving

its initial Class A authorization, the

station licensee will not be required

separately to seek upgraded BAS

licenses. Class A stations may also file

applications under existing procedures,

requesting authority to operate BAS

stations on a primary basis. As SBE also

points out, we remind Class A licensees

of their responsibility to avoid

interference with other users of a BAS

channel, including the requirement to

consult with a local frequency

coordinating committee, if one exists.

IV. Conclusion

83. In this R&O, we adopt regulations

establishing a Class A television license

for qualifying low power television

stations in accordance with the

Community Broadcasters Protection Act

of 1999. The measure of primary Class

A status afforded to qualifying low

power television stations will provide

stability and a brighter future to these

stations that provide valuable local

programming services in their

communities, while protecting the

transition to digital television.

V. Administrative Matters

84. Paperwork Reduction Act

Analysis. This R&O has been analyzed

with respect to the Paperwork

Reduction Act of 1995, and found to

impose new or modified reporting and

recordkeeping requirements or burdens

on the public. Implementation of these

new or modified reporting and

recordkeeping requirements will be

subject to approval by the Office of

Management and Budget as prescribed

by the Act.

85. Regulatory Flexibility Analysis.

Pursuant to the Regulatory Flexibility

Act of 1980, as amended, see 5 U.S.C.

604, the Commission’s Final Regulatory

Flexibility Analysis for this R&O is

amended.

VI. Ordering Clauses

86. Pursuant to authority contained in

sections 1, 4(i), 303, and 336(f) of the

Communications Act of 1934, as

amended, 47 U.S.C. 151, 154(i), 303,

and 336(f), part 73 of the Commission’s

rules, 47 CFR part 73, and part 74 of the

Commission’s rules, 47 CFR part 74, are

amended as set forth below.

87. The amendments set forth shall be

July 10, 2000. Class A applications may

be filed beginning on the date the rules

are effective.

88. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this R&O, including the Final

Regulatory Flexibility Act Analysis, to

the Chief Counsel for the Small

Business Administration.

This proceeding is terminated.

IV. Final Regulatory Flexibility

Analysis

89. As required by the Regulatory

Flexibility Act (RFA), an Initial

Regulatory Flexibility Analysis (IRFA)

was incorporated in the NPRM. The

Commission sought written public

comment on the proposals in the NPRM,

including comment on the IRFA. No

comments were received in response to

the IRFA. This present Final Regulatory

Flexibility Analysis (FRFA) conforms to

the RFA.

Need for, and Objectives of, the

Adopted Rules

90. The Community Broadcasters

Protection Act of 1999 (CBPA) directed

the Commission, within 120 days after

the date of enactment, to prescribe

regulations establishing a Class A

television license available to licensees

of qualifying low-power television

(LPTV) stations. The CBPA directs that

Class A licensees be subject to the same

license terms and renewal standards as

full-power television licensees, and that

Class A licensees be accorded primary

status as a television broadcaster as long

as the station continues to meet the

requirements set forth in the statute for

a qualifying low-power station. In

addition to other matters, the CBPA sets

out certain certification and application

procedures for low-power television

licensees seeking to obtain Class A

status, prescribes the criteria low-power

stations must meet to be eligible for a

Class A license, and outlines the

interference protection Class A

applicants must provide to analog (or

‘‘NTSC’’), digital (‘‘DTV’’), LPTV, and

TV translator stations. The Commission

is adopting the R&O to implement the

CBPA.

Summary of Significant Issues Raised by

Public Comments in Response to the

IRFA

91. No comments were received in

response to the IRFA.

Description and Estimate of the Number

of Small Entities to Which the Proposed

Rules Apply

92. 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

rules. The RFA generally defines the

term ‘‘small entity’’ as having the same

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small

business concern’’ under section 3 of

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;

and (3) satisfies any additional criteria

established by the SBA.

93. Small TV Broadcast Stations. The

SBA defines small television

broadcasting stations as television

broadcasting stations with $10.5 million

or less in annual receipts.

94. As directed by the CBPA, the R&O

establishes a Class A television license

available to licensees of qualifying

LPTV stations. According to the

Commission staff review of the BIA

Publications, Inc., Master Access

Television Analyzer Database, virtually

all LPTV broadcast stations have

revenues of less than $10.5 million.

Currently, there are approximately 2,200

licensed LPTV stations. The

Commission notes, however, that under

SBA’s definition, revenues of affiliates

that are not LPTV stations should be

aggregated with the LPTV station

revenues in determining whether a

concern is small. The Commission’s

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.

Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

95. As directed by the CBPA, the R&O

requires LPTV stations seeking Class A

status to file certifications of eligibility

and applications to convert to Class A.

In addition, as directed by the CBPA,

Class A stations must comply with the

operating requirements for full-service

television broadcast stations, including

the requirements for informational and

educational children’s programming

and the limits on commercialization

during children’s programming, the

political programming rules, and the

public inspection file rule. These rules

contain a number of recordkeeping

requirements that will apply to Class A

stations.

Steps Taken To Minimize Significant

Impact on Small Entities, and

Significant Alternatives Considered

96. Creating New Opportunities for

Small Businesses. Pursuant to the CBPA

and the Commission’s implementing

rules, certain qualifying low-power

television (‘‘LPTV’’) stations will be

accorded Class A status. Class A

licensees will have ‘‘primary’’ status as

television broadcasters, thereby gaining

a measure of protection against fullservice television stations, even as those

30000 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

stations convert to digital format. The

LPTV stations eligible for Class A status

under the CBPA and the Commission’s

rules provide locally-originated

programming, often to rural and certain

urban communities that have either no

or little access to local programming.

LPTV stations are owned by a wide

variety of licensees, including

minorities and women, and often

provide ‘‘niche’’ programming to

residents of specific ethnic, racial, and

interest communities. The provisions

adopted in the R&O will facilitate the

acquisition of capital needed by these

stations to allow them to continue to

provide free, over-the-air programming,

including locally-originated

programming, to their communities. In

addition, by improving the commercial

viability of LPTV stations that provide

valuable programming, the R&O is

consistent with the Commission’s

fundamental goals of ensuring diversity

and localism in television broadcasting.

97. Minimizing Impact on Existing

Small Business Broadcast Stations. The

CBPA directs that Class A licensees be

subject to the same license terms and

renewal standards as full-power

television licensees. However, the R&O

adopts a number of rules designed to

help LPTV stations seeking to convert to

Class A status and exempts Class A

licensees from part 73 rules that clearly

cannot apply, either due to technical

differences in the operation of lowpower and full-power stations, or for

other reasons. For example, although

the R&O applies the Main Studio rule

for the first time to LPTV stations who

qualify as Class A stations, requiring

them to locate their main studios within

the station’s Grade B contour, as

determined pursuant to the

Commission’s rules, it grandfathers their

main studios at the site in use as of

November 28, 1999. The R&O also

modifies a number of other

requirements applicable to full-service

television broadcast stations, including:

(1) Requiring a minimum hours of

operation of 18 hours per day, as

required by the Statute; (2)

grandfathering the use of LPTV

broadcast transmitters and (3)

permitting full-service NTSC stations to

protect Class A stations on the basis of

carrier frequency offsets.

98. In response to comments, the

Commission will not apply to Class A

facilities the following provisions of

part 73: (1) the NTSC and DTV Tables

of Allotments (§§ 73.606 and 73.607); (2)

mileage separations (§ 73.610); and (3)

minimum power and antenna height

requirements (§ 73.614). The R&O also

exempts Class A facilities from the

principal city coverage requirement of

§ 73.685(a) of the rules. As proposed in

the NPRM, the R&O maintains for now

the current LPTV maximum power

levels for Class A stations. In addition,

the R&O does not adopt an annual

certification or reporting requirement

for Class A stations, but it does require

licensees seeking to assign or transfer a

Class A license to certify on the

application for transfer or assignment of

license that the station has been

operated in compliance with the rules

applicable to Class A stations. The R&O

also requires that Class A renewal

applications be subject to petitions to

deny.

99. Alternative eligibility criteria. The

CBPA grants the Commission authority

to establish alternative eligibility criteria

for LPTV stations seeking Class A

designation if ‘‘the Commission

determines that the public interest,

convenience, and necessity would be

served by treating the station as a

qualifying low-power television station

for purposes of this section, or for other

reasons determined by the

Commission.’’

100. Congress mandated three

qualifications in the CBPA. For the 90

days prior to enactment of the CBPA, an

applicant must have: (1) Broadcast a

minimum of 18 hours per day, (2)

broadcast an average of at least 3 hours

per week of programming produced

within the market area served by the

station, and (3) been in compliance with

Commission requirements of LPTV

stations. The R&O allows deviation from

the strict statutory eligibility criteria

only where such deviations are

insignificant or when the Commission

determines that there are compelling

circumstances, such as a natural disaster

or interference forcing a station off the

air, and that in light of those compelling

circumstances, the interest of equity

mandates such a deviation.

101. The R&O does not establish a

different set of criteria for foreign

language stations that do not meet the

local programming criteria for a Class A

license. Although the R&O recognizes

the valuable service provided by foreign

language stations, it concludes that

congressional intent was to keep the

class of stations granted this special

status as a small class and that locally

originated programming was an integral

part of the specifics of the class. Finally,

the R&O does not adopt separate

eligibility criteria for translator stations,

concluding that the statute limits

eligibility to LPTV stations that produce

local programming and can meet the

operating rules applicable to full-service

stations.

Report to Congress

102. The Commission will send a

copy of the R&O, including this FRFA,

in a report to be sent to Congress

pursuant to the Small Business

Regulatory Enforcement Fairness Act of

1996, see 5 U.S.C. 801(a)(1)(A). In

addition, the Commission will send a

copy of the R&O, including the FRFA,

to the Chief Counsel for Advocacy of the

Small Business Administration. A copy

of the R&O and FRFA (or summaries

thereof) will also be published in the

Federal Register. See 5 U.S.C. 604(b).

List of Subjects

47 CFR Part 1

Administrative practice and

procedure.

47 CFR Part 11

Emergency alert system.

47 CFR Part 73 and 74

Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

For the reasons set forth in the

preamble parts 1, 11, 73 and 74 of Title

47 of the U.S. Code of Federal

Regulations is amended to read as

follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 1, 154(i), 154(j), 208,

and 255.

* * * * *

2. Section 1.1104 is amended by

adding an entry for the Class A

Television Service to the table to read as

follows:

§ 1.1104 Schedule of charges for

applications and other filings for the mass

media services.

* * * * *

8. Class A Television Service

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30001

Action FCC form No. Fee amount Payment

type code Address

a. New or major change construction permit.301–CA ....................... $3,245 MVT FCC, Mass Media Services, P.O. Box

358165, Pittsburgh, PA 15251–5165.

b. New license .......................................... 302–CA ....................... 220 MJT FCC, Mass Media Services, P.O. Box

358165, Pittsburgh, PA 15251–5165.

c. License renewal .................................... 303–S .......................... 130 MGT FCC, Mass Media Services, P.O. Box

358165, Pittsburgh, PA 15251–5165.

d. Special Temporary Authority ................ Corres. and 159 .......... 130 FCC, Mass Media Services, P.O. Box

358165, Pittsburgh, PA 15251–5165.

e. License assignment .............................. 314 and 159 or ...........

316 and 159 ................

725

105

MPT

MDT

FCC, Mass Media Services, P.O. Box

358350, Pittsburgh, PA 15251–5350.

f. Transfer of control ................................. 315 and 159 or ...........

316 and 159 ................

725

105

MPT

MDT

FCC, Mass Media Services, P.O. Box

358350, Pittsburgh, PA 15251–5350.

g. Main studio request .............................. Corres. and 159 .......... 725 MPT FCC, Mass Media Services, P.O. Box

358165, Pittsburgh, PA 15251–5165.

h. Call sign ................................................ Corres. and 159 .......... 75 MBT FCC, Mass Media Services, P.O. Box

358165, Pittsburgh, PA 15251–5165.

3. Section 1.1153 is amended by

adding an entry for Class A TV (47 CFR,

part 73) to the table to read, as follows:

§ 1.1153 Schedule of annual regulatory

fees and filing locations for mass media

services.

* * * * *

VIII. Class A TV

(47 CFR, Part

73).

290 FCC, Class A,

P.O. Box

358835, Pittsburgh, PA,

15251–5835.

PART 11—EMERGENCY ALERT

SYSTEM (EAS)

4. The authority citation for part 11

continues to read as follows:

Authority: 47 U.S.C. 151, 154(i) and (o),

303(r), 544(g) and 606.

5. Section 11.11(a) is amended by

adding the words ‘‘Class A television

(CA) stations;’’ in the first sentence after

the words ‘‘TV broadcast stations;’’ and

revising the table ‘‘Timetable Broadcast

Stations’’ to read as follows:

§ 11.11 The Emergency Alert System

(EAS).

* * * * *

TIMETABLE BROADCAST STATIONS

Requirement AM and FM TV FM Class D LPTV1 Class A TV

Two-tone encoder 2 3 ........................................................................ Y Y N N Y

Two-tone encoder 4 5 ........................................................................ YYYYY

EAS decoder .................................................................................... Y 1/1/97 Y 1/1/97 Y 1/1/97 Y 1/1/97 Y

EAS encoder .................................................................................... Y 1/1/97 Y 1/1/97 N N Y

Audio message ................................................................................ Y 1/1/97 Y 1/1/97 Y 1/1/97 Y 1/1/97 Y

Video message ................................................................................ N/A Y 1/1/97 N/A Y 1/1/97 Y

1 LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment.

2Effective July 1, 1995, the two-tone signal must be 8–25 seconds.

3Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and

the required monthly tests. 4Effective July 1, 1995, the two-tone decoder must respond to two-tone signals of 3–4 seconds duration.

5Effective January 1, 1998, the two-tone decoder will no longer be used.

* * * * *

6. Section 11.53 is amended by

revising paragraph (a)(4) to read as

follows:

§ 11.53 Dissemination of Emergency

Action Notification.

(a) * * *

(4) Wire service to all subscribers

(AM, FM, low power FM (LPFM), TV,

LPTV, Class A television (CA) and other

stations).

* * * * *

PART 73—RADIO BROADCAST

SERVICES

7. The authority citation for part 73

continues to read as follows:

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

* * * * *

8. Subpart E is amended by adding

§ 73.613 to read as follows:

§ 73.613 Protection of Class A TV stations.

(a) An application for a new TV

broadcast station or for changes in the

operating facilities of an existing TV

broadcast station will not be accepted

for filing if it fails to comply with the

requirements specified in this section.

Note to § 73.613 (a): Licensees and

permittees of TV broadcast stations that were

authorized on November 29, 1999 (and

applicants for new TV 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) may continue to operate with

facilities that do not protect Class A TV

stations. Applications filed on or before

November 29, 1999 for a change in the

operating facilities of such stations also are

not required to protect Class A TV stations

under the provisions of this section.

(b) Due to the frequency spacing

which exists between TV channels 4

and 5, between channels 6 and 7, and

between channels 13 and 14, firstadjacent channel protection standards

shall not be applicable to these pairs of

channels. Some interference protection

requirements of this section only apply

to stations transmitting on the UHF TV

channels 14 through 51 (See § 73.603(a)

of this part).

30002 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

(c) A UHF TV broadcast station

application will not be accepted if it

specifies a site less than 100 kilometers

from the transmitter site of a UHF Class

A TV station operating on a channel

which is the seventh channel above the

requested channel. Compliance with

this requirement shall be determined

based on a distance computation

rounded to the nearest kilometer.

(d) A UHF TV broadcast station

application will not be accepted if it

specifies a site less than 32 kilometers

from the transmitter site of a UHF Class

A TV station that is authorized an

effective radiated power of more than 50

kilowatts and operating on a channel

which is the second, third, or fourth

channel above or below the requested

channel. Compliance with this

requirement shall be determined based

on a distance computation rounded to

the nearest kilometer.

(e) In cases where a TV broadcast

station has been authorized facilities

that do not meet the distance separation

requirements of this section, an

application to modify such a station’s

facilities will not be accepted if it

decreases that separation.

(f) New interference must not be

caused to Class A TV stations

authorized pursuant to Subpart J of this

part, within the protected contour

defined in § 73.6010 of this part. For

this prediction, the TV broadcast station

field strength is calculated from the

proposed effective radiated power and

the antenna height above average terrain

in pertinent directions using the

methods in § 73.684 of this part.

(1) For co-channel protection, the

field strength is calculated using the

appropriate F(50,10) chart from Figure

9a, 10a, or 10c of § 73.699 of this part.

(2) For TV broadcast stations that do

not specify the same channel as the

Class A TV station to be protected, the

field strength is calculated using the

appropriate F(50,50) chart from Figure

9, 10, or 10b of § 73.699 of this part.

(g) A TV broadcast station application

will not be accepted if the ratio in dB

of its field strength to that of the Class

A TV station at the Class A TV station’s

protected contour fails to meet the

following:

(1) ¥45 dB for co-channel operations

where the Class A TV station does not

specify an offset carrier frequency or

where the TV broadcast and Class A TV

stations do not specify different offset

carrier frequencies (zero, plus or minus)

or ¥28 dB for offset carrier frequency

operation where the TV broadcast and

Class A TV stations specify different

offset carrier frequencies.

(2) 6 dB when the protected Class A

TV station operates on a VHF channel

that is one channel above the requested

channel.

(3) 12 dB when the protected Class A

TV station operates on a VHF channel

that is one channel below the requested

channel.

(4) 15 dB when the protected Class A

TV station operates on a UHF channel

that is one channel above or below the

requested channel.

(5) 23 dB when the protected Class A

TV station operates on a UHF channel

that is fourteen channels below the

requested channel.

(6) 6 dB when the protected Class A

TV station operates on a UHF channel

that is fifteen channels below the

requested channel.

(h) New interference must not be

caused to digital Class A TV stations

authorized pursuant to Subpart J of this

part, within the protected contour

defined in § 73.6010 of this part. A TV

broadcast station application will not be

accepted if the ratio in dB of the field

strength of the digital Class A TV station

at the digital Class A TV station’s

protected contour to the field strength

resulting from the facilities proposed in

the TV broadcast station application

fails to meet the D/U signal ratios for

‘‘analog TV-into-DTV’’ specified in

§§ 73.623(c)(2) and 73.623(c)(3) of this

part. For digital Class A TV station

protection, the TV broadcast station

field strength is calculated from the

proposed effective radiated power and

the antenna height above average terrain

in pertinent directions using the

methods in § 73.684 of this part and

using the appropriate F(50,10) chart

from Figure 9a, 10a, or 10c of § 73.699

of this part.

(i) In cases where a TV broadcast

station has been authorized facilities

that do not meet the interference

protection requirements of this section,

an application to modify such a station’s

facilities will not be accepted if it is

predicted to cause new interference

within the protected contour of the

Class A TV or digital Class A TV station.

(j) In support of a request for waiver

of the interference protection

requirements of this section, an

applicant for a TV broadcast station may

make full use of terrain shielding and

Longley-Rice terrain dependent

propagation methods to demonstrate

that the proposed facility would not be

likely to cause interference to Class A

TV stations. Guidance on using the

Longely-Rice methodology is provided

in OET Bulletin No. 69, which is

available through the Internet at http://

www.fcc.gov/oet/info/ documents/

bulletins/#69.

9. Section 73.623 is amended by

adding paragraph (c)(5) to read as

follows:

§ 73.623 DTV applications and changes to

DTV allotments.

* * * * *

(c) * * *

(5) A DTV station application that

proposes to expand the DTV station’s

allotted or authorized coverage area in

any direction will not be accepted if it

is predicted to cause interference to a

Class A TV station or to a digital Class

A TV station authorized pursuant to

Subpart J of this part, within the

protected contour defined in § 73.6010

of this part. This paragraph applies to

all DTV applications filed after May 1,

2000, and to DTV applications filed

between December 31, 1999 and April

30, 2000 unless the DTV station licensee

or permittee notified the Commission of

its intent to ‘‘maximize’’ by December

31, 1999.

(i) Interference is predicted to occur if

the ratio in dB of the field strength of

a Class A TV station at its protected

contour to the field strength resulting

from the facilities proposed in the DTV

application (calculated using the

appropriate F(50,10) chart from Figure

9a, 10a, or 10c of § 73.699 of this part)

fails to meet the D/U signal ratios for

‘‘DTV-into-analog TV’’ specified in

paragraph (c)(2) of this section.

(ii) Interference is predicted to occur

if the ratio in dB of the field strength of

a digital Class A TV station at its

protected contour to the field strength

resulting from the facilities proposed in

the DTV application (calculated using

the appropriate F(50,10) chart from

Figure 9a, 10a, or 10c of § 73.699 of this

part) fails to meet the D/U signal ratios

for ‘‘DTV-into-DTV’’ specified in

paragraphs (c)(2) and (c)(3) of this

section.

(iii) In support of a request for waiver

of the interference protection

requirements of this section, an

applicant for a DTV broadcast station

may make full use of terrain shielding

and Longley-Rice terrain dependent

propagation methods to demonstrate

that the proposed facility would not be

likely to cause interference to Class A

TV stations. Guidance on using the

Longely-Rice methodology is provided

in OET Bulletin No. 69, which is

available through the Internet at http://

www.fcc.gov/oet/info/ documents/

bulletins/#69.

* * * * *

10. Section 73.1001 is amended by

revising paragraphs (a) and (b) to read

as follows:

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30003

§ 73.1001 Scope.

(a) The rules in this subpart are

common to all AM, FM, TV and Class

A TV broadcast services, commercial

and noncommercial.

(b) Rules in part 73 applying

exclusively to a particular broadcast

service are contained in the following:

AM, subpart A; FM, subpart B;

Noncommercial Educational FM,

subpart C; TV, subpart E; LPFM, subpart

G; and Class A TV, subpart J.

* * * * *

11. Section 73.1120 is revised to read

as follows:

§ 73.1120 Station location.

Each AM, FM, TV and Class A TV

broadcast station will be licensed to the

principal community or other political

subdivision which it primarily serves.

This principal community (city, town or

other political subdivision) will be

considered to be the geographical

station location.

12. Section 73.1125 is amended by

revising paragraphs (c), (d) and adding

paragraph (e) to read as follows:

§ 73.1125 Station main studio location.

* * * * *

(c) Each Class A television station

shall maintain a main studio at the site

used by the station as of November 29,

1999 or a location within the station’s

Grade B contour, as defined in § 73.683

and calculated using the method

specified in § 73.684 of this part.

(d) Relocation of the main studio may

be made:

(1) From one point to another within

the locations described in paragraph (a)

or (c) of this section, or from a point

outside the locations specified in

paragraph (a) or (c) to one within those

locations, without specific FCC

authority, but notification to the FCC in

Washington shall be made promptly.

(2) Written authority to locate a main

studio outside the locations specified in

paragraphs (a) or (c) of this section for

the first time must be obtained from the

Audio Services Division, Mass Media

Bureau for AM and FM stations, or the

Television Branch, Video Services

Division for TV and Class A television

stations before the studio may be moved

to that location. Where the main studio

is already authorized at a location

outside those specified in paragraphs (a)

or (c), and the licensee or permittee

desires to specify a new location also

located outside those locations, written

authority must also be received from the

Commission prior to the relocation of

the main studio. Authority for these

changes may be requested by filing a

letter with an explanation of the

proposed changes with the appropriate

division. Licensees or permittees should

also be aware that the filing of such a

letter request does not imply approval of

the relocation request, because each

request is addressed on a case-by-case

basis. A filing fee is required for

commercial AM, FM, TV or Class A TV

licensees or permittees filing a letter

request under the section (see § 1.1104).

(e) Each AM, FM, TV and Class A TV

broadcast station shall maintain a local

telephone number in its community of

license or a toll-free number.

13. Section 73.1201 is amended by

revising paragraph (a) to read as follows:

§ 73.1201 Station identification.

(a) When regularly required. Broadcast

station identification announcements

shall be made: (1) at the beginning and

ending of each time of operation, and (2)

hourly, as close to the hour as feasible,

at a natural break in program offerings.

Television and Class A television

broadcast stations may make these

announcements visually or aurally.

* * * * *

14. Section 73.1202 is revised to read

as follows:

§ 73.1202 Retention of letters received

from the public.

All written comments and suggestions

received from the public by licensees of

commercial AM, FM, TV and Class A

TV broadcast stations regarding

operation of their station shall be

maintained in the local public

inspection file, unless the letter writer

has requested that the letter not be made

public or when the licensee feels that it

should be excluded from the public

inspection file because of the nature of

its content, such as a defamatory or

obscene letter.

(a) Letters shall be retained in the

local public inspection file for three

years from the date on which they are

received by the licensee.

(b) Letters received by TV and Class

A TV licensees shall be placed in one

of the following separated subject

categories: programming or nonprogramming. If comments in a letter

relate to both categories, the licensee

shall file it under the category to which

the writer has given greater attention.

15. Section 73.1210 is amended by

revising paragraphs (b) introductory text

and (b)(3) to read as follows:

§ 73.1210 TV/FM dual-language

broadcasting in Puerto Rico.

* * * * *

(b) Television and Class A television

licensees in Puerto Rico may enter into

dual-language time purchase agreements

with FM broadcast licensees, subject to

the following conditions:

* * * * *

(3) No television, Class A television,

or FM broadcast station may devote

more than 15 hours per week to duallanguage broadcasting, nor may more

than three (3) hours of such

programming be presented on any given

day.

* * * * *

16. Section 73.1211 is amended by

revising paragraph (a) to read as follows:

§ 73.1211 Broadcast of lottery information.

(a) No licensee of an AM, FM,

television, or Class A television

broadcast station, except as in paragraph

(c) of this section, shall broadcast any

advertisement of or information

concerning any lottery, gift enterprise,

or similar scheme, offering prizes

dependent in whole or in part upon lot

or chance, or any list of the prizes

drawn or awarded by means of any such

lottery, gift enterprise or scheme,

whether said list contains any part or all

of such prizes. (18 U.S.C. 1304, 62 Stat.

763).

* * * * *

17. Section 73.1250 is amended by

revising paragraph (h) to read as

follows:

§ 73.1250 Broadcasting emergency

information.

* * * * *

(h) Any emergency information

transmitted by a TV or Class A TV

station in accordance with this section

shall be transmitted both aurally and

visually or only visually. TV and Class

A TV stations may use any method of

visual presentation which results in a

legible message conveying the essential

emergency information. Methods which

may be used include, but are not

necessarily limited to, slides, electronic

captioning, manual methods (e.g., hand

printing) or mechanical printing

processes. However, when an

emergency operation is being conducted

under a national, State or Local Area

Emergency Alert System (EAS) plan,

emergency information shall be

transmitted both aurally and visually

unless only the EAS codes are

transmitted as specified in § 11.51(b) of

this chapter.

18. Section 73.1400 is amended by

revising the introductory text to read as

follows:

§ 73.1400 Transmission system

monitoring and control.

The licensee of an AM, FM, TV or

Class A TV station is responsible for

assuring that at all times the station

operates within tolerances specified by

30004 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

applicable technical rules contained in

this part and in accordance with the

terms of the station authorization. Any

method of complying with applicable

tolerances is permissible. The following

are typical methods of transmission

system operation:

* * * * *

19. Section 73.1540 is amended by

revising paragraph (a) to read as follows:

§ 73.1540 Carrier frequency

measurements.

(a) The carrier frequency of each AM

and FM station and the visual carrier

frequency and the difference between

the visual carrier and the aural carrier

or center frequency of each TV and

Class A TV station shall be measured or

determined as often as necessary to

ensure that they are maintained within

the prescribed tolerances.

* * * * *

20. Section 73.1545 is amended by

adding paragraph (e) to read as follows:

§ 73.1545 Carrier frequency departure

tolerances.

* * * * *

(e) Class A TV stations. The departure

of the carrier frequency of Class A TV

stations may not exceed the values

specified in § 74.761 of this chapter.

Provided, however, Class A TV stations

licensed to operate with a maximum

effective radiated power greater than the

value specified in their initial Class A

TV station authorization must comply

with paragraph (c) of this section.

21. Section 73.1560 is amended by

revising paragraph (c)(1) to read as

follows:

§ 73.1560 Operating power and mode

tolerances.

* * * * *

(c) TV stations. (1) Except as provided

in paragraph (d) of this section, the

visual output power of a TV or Class A

TV transmitter, as determined by the

procedures specified in Sec. 73.664,

must be maintained as near as is

practicable to the authorized transmitter

output power and may not be less than

80% nor more than 110% of the

authorized power.

* * * * *

22. Section 73.1570 is amended by

revising the heading and paragraph

(b)(3) to read as follows:

§ 73.1570 Modulation levels: AM, FM, TV

and Class A TV aural.

* * * * *

(b) * * *

(3) TV and Class A TV stations. In no

case shall the total modulation of the

aural carrier exceed 100% on peaks of

frequent recurrence, unless some other

peak modulation level is specified in an

instrument of authorization. For

monophonic transmissions, 100%

modulation is defined as +/¥25 kHz.

* * * * *

23. Section 73.1580 is revised to read

as follows:

§ 73.1580 Transmission system

inspections.

Each AM, FM, TV and Class A TV

station licensee or permittee must

conduct periodic complete inspections

of the transmitting system and all

required monitors to ensure proper

station operation.

24. Section 73.1590 is amended by

revising paragraph (a) to read as follows:

§ 73.1590 Equipment performance

measurements.

(a) The licensee of each AM, FM, TV

and Class A TV station, except licensees

of Class D non-commercial educational

FM stations authorized to operate with

10 watts or less output power, must

make equipment performance

measurements for each main transmitter

as follows:

* * * * *

25. Section 73.1615 is amended by

revising the introductory text and

paragraph (a) to read as follows:

§ 73.1615 Operation during modification of

facilities.

When the licensee of an existing AM,

FM, TV or Class A TV station is in the

process of modifying existing facilities

as authorized by a construction permit

and determines it is necessary to either

discontinue operation or to operate with

temporary facilities to continue program

service, the following procedures apply:

(a) Licensees holding a construction

permit for modification of directional or

nondirectional FM, TV or Class A TV or

nondirectional AM station facilities

may, without specific FCC authority, for

a period not exceeding 30 days:

* * * * *

26. Section 73.1620 is amended by

revising paragraphs (a) and (a)(1) to read

as follows:

§ 73.1620 Program tests.

(a) Upon completion of construction

of an AM, FM, TV or Class A TV station

in accordance with the terms of the

construction permit, the technical

provisions of the application, the rules

and regulations and the applicable

engineering standards, program tests

may be conducted in accordance with

the following:

(1) The permittee of a nondirectional

AM or FM station, or a nondirectional

or directional TV or Class A TV station,

may begin program tests upon

notification to the FCC in Washington,

DC provided that within 10 days

thereafter, an application for a license is

filed with the FCC in Washington, DC.

* * * * *

27. Section 73.1635 is amended by

revising paragraph (a)(5) to read as

follows:

§ 73.1635 Special temporary

authorizations (STA).

(a) * * *

(5) Certain rules specify special

considerations and procedures in

situations requiring an STA or permit

temporary operation at variance without

prior authorization from the FCC when

notification is filed as prescribed in the

particular rules. See § 73.62, Directional

antenna system tolerances; § 73.157,

Antenna testing during daytime;

§ 73.158, Directional antenna

monitoring points; § 73.691, Visual

modulation monitoring; § 73.1250,

Broadcasting emergency information;

§ 73.1350, Transmission system

operation; § 73.1560, Operating power

and mode tolerances; § 73.1570,

Modulation levels: AM, FM, TV and

Class A TV aural; § 73.1615, Operation

during modification of facilities;

§ 73.1680, Emergency antennas; and

§ 73.1740, Minimum operating

schedule.

* * * * *

28. Section 73.1660 is amended by

revising paragraph (a) to read as follows:

§ 73.1660 Acceptability of broadcast

transmitters.

(a) An AM, FM, LPFM, TV or Class A

TV transmitter shall be verified for

compliance with the requirements of

this part following the procedures

described in part 2 of the FCC rules.

* * * * *

29. Section 73.1665 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 73.1665 Main transmitters.

(a) Each AM, FM, TV and Class A TV

broadcast station must have at least one

main transmitter which complies with

the provisions of the transmitter

technical requirements for the type and

class of station. A main transmitter is

one which is used for regular program

service having power ratings

appropriate for the authorized operating

power(s).

(b) There is no maximum power

rating limit for FM, TV or Class A TV

station transmitters, however, the

maximum rated transmitter power of a

main transmitter stalled at an AM

station shall be as follows:

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30005

Authorized power

Maximum

rated

transmitter

power (kW)

0.25, 0.5, or 1 kW ................. 1

2.5 kW .................................. 5

5 or 10 kW ............................ 10

25 or 50 kW .......................... 50

* * * * *

30. Section 73.1675 is amended by

revising paragraphs (a)(1) and (c)(1) to

read as follows:

§ 73.1675 Auxiliary antennas.

(a)(1) An auxiliary antenna is one that

is permanently installed and available

for use when the main antenna is out of

service for repairs or replacement. An

auxiliary antenna may be located at the

same transmitter site as the station’s

main antenna or at a separate site. The

service contour of the auxiliary antenna

may not extend beyond the following

corresponding contour for the main

facility:

(i) AM stations: The 0.5 mV/m field

strength contours.

(ii) FM stations: The 1.0 mV/m field

strength contours.

(iii) TV stations: The Grade B

coverage contours.

(iv) Class A TV stations: The

protected contours defined in § 73.6010.

* * * * *

(c)(1) Where an FM, TV or Class A TV

licensee proposes to use a formerly

licensed main facility as an auxiliary

facility, or proposes to modify a

presently authorized auxiliary facility,

and no changes in the height of the

antenna radiation center are required in

excess of the limits in § 73.1690(c)(1),

the FM, TV or Class A TV licensee may

apply for the proposed auxiliary facility

by filing a modification of license

application. The modified auxiliary

facility must operate on the same

channel as the licensed main facility.

An exhibit must be provided with this

license application to demonstrate

compliance with § 73.1675(a). All FM,

TV and Class A TV licensees may

request a decrease from the authorized

facility’s ERP in the license application.

An FM, TV or Class A TV licensee may

also increase the ERP of the auxiliary

facility in a license modification

application, provided the application

contains an analysis demonstrating

compliance with the Commission’s

radiofrequency radiation guidelines,

and an analysis showing that the

auxiliary facility will comply with

§ 73.1675(a). Auxiliary facilities

mounted on an AM antenna tower must

also demonstrate compliance with

§ 73.1692 in the license application.

* * * * *

31. Section 73.1680 is amended by

revising paragraph (b)(2) to read as

follows:

§ 73.1680 Emergency antennas.

* * * * *

(b) * * *

(2) FM, TV and Class A TV stations.

FM, TV and Class A TV stations may

erect any suitable radiator, or use

operable sections of the authorized

antenna(s) as an emergency antenna.

* * * * *

32. Section 73.1690 is amended by

revising paragraphs (a)(2), (b)(2), (b)(3),

(b)(5), (b)(7), (b)(8), (c) introductory text,

(c)(3), and (c)(4) to read as follows:

§ 73.1690 Modification of transmission

systems.

* * * * *

(a) * * *

(2) Those that would cause the

transmission system to exceed the

equipment performance measurements

prescribed for the class of service (AM,

§ 73.44; FM, §§ 73.317, 73.319, and

73.322; TV and Class A TV, §§ 73.682

and 73.687).

(b) * * *

(2) Any change in station geographic

coordinates, including coordinate

corrections. FM, TV and Class A TV

directional stations must also file a

construction permit application for any

move of the antenna to another tower

structure located at the same

coordinates. Any change which would

require an increase along any azimuth

in the composite directional antenna

pattern of an FM station from the

composite directional antenna pattern

authorized (see § 73.316), or any

increase from the authorized directional

antenna pattern for a TV broadcast (see

§ 73.685) or Class A TV station (see

§ 73.6025).

(3) Any change which would require

an increase along any azimuth in the

composite directional antenna pattern of

an FM station from the composite

directional antenna pattern authorized

(see § 73.316), or any increase from the

authorized directional antenna pattern

for a TV broadcast (see § 73.685) or

Class A TV station (see § 73.6025).

* * * * *

(5) Any decrease in the authorized

power of an AM station or the ERP of

a TV or Class A TV station, or any

decrease or increase in the ERP of an

FM commercial station, which is

intended for compliance with the

multiple ownership rules in § 73.3555.

* * * * *

(7) Any increase in the authorized

ERP of a television station, Class A

television station, FM commercial

station, or noncommercial educational

FM station, except as provided for in

§§ 73.1690(c)(4), (c)(5), or (c)(7), or in

§ 73.1675(c)(1) in the case of auxiliary

facilities.

(8) A commercial TV or

noncommercial educational TV station

operating on Channels 14 or Channel 69

or a Class A TV station on Channel 14

may increase its horizontally or

vertically polarized ERP only after the

grant of a construction permit. A

television or Class A television station

on Channels 15 through 21 within 341

km of a cochannel land mobile

operation, or 225 km of a first-adjacent

channel land mobile operation, must

also obtain a construction permit before

increasing the horizontally or vertically

polarized ERP (see part 74, § 74.709(a)

and (b) for tables of urban areas and

corresponding reference coordinates of

potentially affected land mobile

operations).

(c) The following FM, TV and Class A

TV station modifications may be made

without prior authorization from the

Commission. A modification of license

application must be submitted to the

Commission within 10 days of

commencing program test operations

pursuant to § 73.1620. With the

exception of applications filed solely

pursuant to paragraphs (c)(6), (c)(9), or

(c)(10) of this section, the modification

of license application must contain an

exhibit demonstrating compliance with

the Commission’s radio frequency

radiation guidelines. In addition, except

for applications solely filed pursuant to

paragraphs (c)(6) or (c)(9) of this section,

where the installation is located within

3.2 km of an AM tower or is located on

an AM tower, an exhibit demonstrating

compliance with § 73.1692 is also

required.

* * * * *

(4) Commercial and noncommercial

educational FM stations operating on

Channels 221 through 300 (except Class

D), NTSC TV stations operating on

Channels 2 through 13 and 22 through

68, Class A TV stations operating on

Channels 2 through 13 and 22 through

51, and TV and Class A TV stations

operating on Channels 15 through 21

that are in excess of 341 km (212 miles)

from a cochannel land mobile operation

or in excess of 225 km (140 miles) from

a first-adjacent channel land mobile

operation (see part 74, § 74.709(a) and

(b) for tables of urban areas and

reference coordinates of potentially

affected land mobile operations), which

operate omnidirectionally, may increase

the vertically polarized effective

radiated power up to the authorized

horizontally polarized effective radiated

power in a license modification

30006 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

application. Noncommercial

educational FM licensees and

permittees on Channels 201 through

220, that do not use separate antennas

mounted at different heights for the

horizontally polarized ERP and the

vertically polarized ERP, and are located

in excess of the separations from a

Channel 6 television station listed in

Table A of § 73.525(a)(1), may also

increase the vertical ERP, up to (but not

exceeding) the authorized horizontally

polarized ERP via a license modification

application. Program test operations

may commence at full power pursuant

to § 73.1620(a)(1).

* * * * *

33. Section 73.1740 is amended by

adding paragraph (a)(5) to read as

follows:

§ 73.1740 Minimum operating schedule.

(a) * * *

(5) Class A TV stations. Not less than

18 hours in each day of the week.

* * * * *

34. Section 73.1870 is amended by

revising paragraph (a) to read as follows:

§ 73.1870 Chief operators.

(a) The licensee of each AM, FM, TV

or Class A TV broadcast station must

designate a person to serve as the

station’s chief operator. At times when

the chief operator is unavailable or

unable to act (e.g., vacations, sickness),

the licensee shall designate another

person as the acting chief operator on a

temporary basis.

* * * * *

34. Section 73.2080 is amended by

revising paragraph (a) to read as follows:

§ 73.2080 Equal employment

opportunities.

(a) General EEO Policy. Equal

opportunity in employment shall be

afforded by all licensees or permittees of

commercially or noncommercially

operated AM, FM, TV, Class A TV, or

international broadcast station (as

defined in this part) to all qualified

persons, and no person shall be

discriminated against in employment by

such stations because of race, color,

religion, national origin, or sex.

* * * * *

35. The table in § 73.3500 (a) is

amended by adding the entry ‘‘302–CA,

Application for Class A Television

Broadcasting Station Construction

Permit or License,’’ in numerical order

to read as follows:

§ 73.3500 Application and report forms.

* * * * *

302–CA Application for Class A

Television Broadcasting Station

Construction Permit or License

* * * * *

36. Section 73.3516 is amended by

revising paragraph (a) to read as follows:

§ 73.3516 Specification of facilities.

(a) An application for facilities in the

AM, FM, TV or Class A TV broadcast

services, or low power TV service shall

be limited to one frequency, or channel,

and no application will be accepted for

filing if it requests an alternate

frequency or channel. Applications

specifying split frequency AM

operations using one frequency during

daytime hours complemented by a

different frequency during nighttime

hours will not be accepted for filing.

* * * * *

37. Section 73.3526 is amended by

revising paragraphs (a)(2), (e)(11)(i)

through (e)(11)(iii), and (e)(15), and by

adding a paragraph (e)(17) to read as

follows:

§ 73.3526 Local public inspection file of

commercial stations.

(a) * * *

(2) Every permittee or licensee of an

AM, FM, TV or Class A TV station in

the commercial broadcast services shall

maintain a public inspection file

containing the material, relating to that

station, described in paragraphs (e)(1)

through (e)(10) and paragraph (e)(13) of

this section. In addition, every permittee

or licensee of a commercial TV or Class

A TV station shall maintain for public

inspection a file containing material,

relating to that station, described in

paragraphs (e)(11) and (e)(15) of this

section, and every permittee or licensee

of a commercial AM or FM station shall

maintain for public inspection a file

containing the material, relating to that

station, described in paragraphs (e)(12)

and (e)(14) of this section. A separate

file shall be maintained for each station

for which an authorization is

outstanding, and the file shall be

maintained so long as an authorization

to operate the station is outstanding.

* * * * *

(e) * * *

(11)(i) TV issues/programs lists. For

commercial TV and Class A TV

broadcast stations, every three months a

list of programs that have provided the

station’s most significant treatment of

community issues during the preceding

three month period. The list for each

calendar quarter is to be filed by the

tenth day of the succeeding calendar

quarter (e.g., January 10 for the quarter

October–December, April 10 for the

quarter January–March, etc.) The list

shall include a brief narrative describing

what issues were given significant

treatment and the programming that

provided this treatment. The description

of the programs shall include, but shall

not be limited to, the time, date,

duration, and title of each program in

which the issue was treated. The lists

described in this paragraph shall be

retained in the public inspection file

until final action has been taken on the

station’s next license renewal

application.

(ii) Records concerning commercial

limits. For commercial TV and Class A

TV broadcast stations, records sufficient

to permit substantiation of the station’s

certification, in its license renewal

application, of compliance with the

commercial limits on children’s

programming established in 47 U.S.C.

303a and 47 CFR 73.670. The records for

each calendar quarter must be filed by

the tenth day of the succeeding calendar

quarter (e.g., January 10 for the quarter

October–December, April 10 for the

quarter January–March, etc.). These

records shall be retained until final

action has been taken on the station’s

next license renewal application.

(iii) Children’s television

programming reports. For commercial

TV and Class A TV broadcast stations,

on a quarterly basis, a completed

Children’s Television Programming

Report (‘‘Report’’), on FCC Form 398,

reflecting efforts made by the licensee

during the preceding quarter, and efforts

planned for the next quarter, to serve

the educational and informational needs

of children. The Report for each quarter

is to be filed by the tenth day of the

succeeding calendar quarter. The Report

shall identify the licensee’s educational

and informational programming efforts,

including programs aired by the station

that are specifically designed to serve

the educational and informational needs

of children, and it shall explain how

programs identified as Core

Programming meet the definition set

forth in § 73.671(c). The Report shall

include the name of the individual at

the station responsible for collecting

comments on the station’s compliance

with the Children’s Television Act, and

it shall be separated from other

materials in the public inspection file.

These Reports shall be retained in the

public inspection file until final action

has been taken on the station’s next

license renewal application. Licensees

shall publicized in an appropriate

manner the existence and location of

these Reports. For an experimental

period of three years, licensees shall file

these Reports with the Commission on

an annual basis, i.e., four quarterly

reports filed jointly each year, in

electronic form as of January 10, 1999.

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30007

These reports shall be filed with the

Commission on January 10, 1998,

January 10, 1999, and January 10, 2000.

* * * * *

(15) Must-carry or retransmission

consent election. Statements of a

commercial television or Class A

television station’s election with respect

to either must-carry or re-transmission

consent, as defined in § 76.64 of this

chapter. These records shall be retained

for the duration of the three year

election period to which the statement

applies.

* * * * *

(17) Class A TV continuing eligibility.

Documentation sufficient to

demonstrate that the Class A television

station is continuing to meet the

eligibility requirements set forth at

§ 73.6001.

38. Section 73. 3536 is amended by

adding a paragraph (c) to read as

follows:

§ 73.3536 Application for license to cover

construction permit.

* * * * *

(c) Eligible low power television

stations which have been granted a

certificate of eligibility may file FCC

Form 302-CA, ‘‘Application for Class A

Television Broadcast Station

Construction Permit Or License.’’

39. Section 73.3550 is amended by

revising paragraph (f) and (m) to read as

follows:

§ 73.3550 Requests for new or modified

call sign assignments.

* * * * *

(f) Only four-letter call signs (plus an

LP, FM, TV or CA suffix, if used) will

be assigned. The four letter call sign for

LPFM stations will be followed by the

suffix ‘‘-LP.’’ However, subject to the

other provisions of this section, a call

sign of a station may be conformed to

a commonly owned station holding a

three-letter call assignment (plus FM,

TV, CA or LP suffixes, if used).

* * * * *

(m) Where a requested call sign,

without the ‘‘-FM,’ ‘‘-TV,’’ ‘‘-CA’’ or

‘‘LP’’ suffix, would conform to the call

sign of any other non-commonly owned

station(s) operating in a different

service, an applicant utilizing the online reservation and authorization

system will be required to certify that

consent to use the secondary call sign

has been obtained from the holder of the

primary call sign.

* * * * *

40. Section 73.3572 is amended by

revising the section heading and

paragraphs (a)(1) through (c) and

paragraphs (e)(1) through (g) to read as

follows:

§ 73.3572 Processing of TV Broadcast,

Class A TV Broadcast, low power TV, TV

translator and TV booster station

applications.

(a) * * *

(1) In the first group are applications

for new stations or major changes in the

facilities of authorized stations. A major

change for TV broadcast stations

authorized under this part is any change

in frequency or community of license

which is in accord with a present

allotment contained in the Table of

Allotments (§ 73.606). Other requests for

change in frequency or community of

license for TV broadcast stations must

first be submitted in the form of a

petition for rulemaking to amend the

Table of Allotments.

(2) In the case of Class A TV stations

authorized under subpart J of this part

and low power TV, TV translator, and

TV booster stations authorized under

part 74 of this chapter, a major change

is any change in:

(i) Frequency (output channel), except

a change in offset carrier frequency; or

(ii) Transmitting antenna location

where the protected contour resulting

from the change is not predicted to

overlap any portion of the protected

contour based on the station’s

authorized facilities.

(3) Other changes will be considered

minor; provided, until October 1, 2000,

proposed changes to the facilities of

Class A TV, low power TV, TV

translator and TV booster stations, other

than a change in frequency, will be

considered minor only if the change(s)

will not increase the signal range of the

Class A TV, low power TV or TV

booster in any horizontal direction.

(4) The following provisions apply to

displaced Class A TV, low power TV,

TV translator and TV booster stations:

(i) In the case of an authorized low

power TV, TV translator or TV booster

which is predicted to cause or receive

interference to or from an authorized TV

broadcast station pursuant to § 74.705 of

this chapter or interference with

broadcast or other services under

§ 74.703 or § 74.709 of this chapter, an

application for a change in output

channel, together with technical

modifications which are necessary to

avoid interference (including a change

in antenna location of less than 16.1km),

will not be considered as an application

for a major change in those facilities.

(ii) Provided further, that a low power

TV, TV translator or TV booster station

authorized on a channel from channel

52 to 69, or which is causing or

receiving interference or is predicted to

cause or receive interference to or from

an authorized DTV station pursuant to

§ 74.706 of this chapter, or which is

located within the distances specified in

paragraph (4)(iv) of this section to the

coordinates of co-channel DTV

authorizations (or allotment table

coordinates if there are no authorized

facilities at different coordinates), may

at any time file a displacement relief

application for a change in output

channel, together with any technical

modifications which are necessary to

avoid interference or continue serving

the station’s protected service area.

Such an application will not be

considered as an application for a major

change in those facilities. Where such

an application is mutually exclusive

with applications for new low power

TV, TV translator or TV booster stations,

or with other nondisplacement relief

applications for facilities modifications

of Class A TV, low power TV, TV

translator or TV booster stations,

priority will be afforded to the

displacement application(s) to the

exclusion of the other applications.

(iii) A Class A TV station which is

causing or receiving interference or is

predicted to cause or receive

interference to or from an authorized TV

broadcast station pursuant to §§ 73.6011

or 73.613; a DTV station or allotment

pursuant to §§ 73.6013 or 73.623, or

which is located within the distances

specified below in paragraph (iv) of this

section to the coordinates of co-channel

DTV authorizations (or allotment table

coordinates if there are no authorized

facilities at different coordinates); or

other service that protects and/or is

protected by Class A TV stations, may

at any time file a displacement relief

application for a change in channel,

together with technical modifications

that are necessary to avoid interference

or continue serving the station’s

protected service area, provided the

station’s protected contour resulting

from a relocation of the transmitting

antenna is predicted to overlap some

portion of the protected contour based

on its authorized facilities. A Class A

TV station displacement relief

applications will be considered major

change applications, and will be placed

on public notice for a period of not less

than 30 days to permit the filing of

petitions to deny. However, these

applications will not be subject to the

filing of competing applications. Where

a Class A displacement relief

application becomes mutually exclusive

with applications for new low power

TV, TV translator or TV booster stations,

or with other non-displacement relief

applications for facilities modifications

of Class A TV, low power TV, TV

translator or TV booster stations,

priority will be afforded to the Class A

30008 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

TV displacement relief application(s) to

the exclusion of other applications.

Mutually exclusive displacement relief

applications of Class A TV, low power

TV, TV translators or TV booster

stations filed on the same day will be

subject to competitive bidding

procedures if the mutual exclusivity is

not resolved by an engineering solution.

(iv)(A) The geographic separations to

co-channel DTV facilities or allotment

reference coordinates, as applicable,

within which to qualify for

displacement relief are the following:

(1) Stations on UHF channels: 265 km

(162 miles)

(2) Stations on VHF channels 2–6: 280

km (171 miles)

(3) Stations on VHF channels 7–13: 260

km (159 miles)

(B) Engineering showings of predicted

interference may also be submitted to

justify the need for displacement relief.

(v) Provided further, that the FCC

may, within 15 days after acceptance of

any other application for modification

of facilities, advise the applicant that

such application is considered to be one

for a major change and therefore subject

to the provisions of §§ 73.3522, 73.3580,

and 1.1111 of this chapter pertaining to

major changes. Such major modification

applications filed for Class A TV, low

power TV, TV translator, TV booster

stations, and for a non-reserved

television allotment, are subject to

competitive bidding procedures and

will be dismissed if filed outside a

specified filing period. See 47 CFR

73.5002(a).

(b) A new file number will be

assigned to an application for a new

station or for major changes in the

facilities of an authorized station, when

it is amended so as to effect a major

change, as defined in paragraphs (a)(1)

or (a)(2) of this section, or result in a

situation where the original party or

parties to the application do not retain

more than 50% ownership interest in

the application as originally filed and

§ 73.3580 will apply to such amended

application. An application for change

in the facilities of any existing station

will continue to carry the same file

number even though (pursuant to FCC

approval) an assignment of license or

transfer of control of such licensee or

permittee has taken place if, upon

consummation, the application is

amended to reflect the new ownership.

(c) Amendments to Class A TV, low

power TV, TV translator, TV booster

stations, or non-reserved television

applications, which would require a

new file number pursuant to paragraph

(b) of this section, are subject to

competitive bidding procedures and

will be dismissed if filed outside a

specified filing period. See 47 CFR

73.5002(a). When an amendment to an

application for a reserved television

allotment would require a new file

number pursuant to paragraph (b) of this

section, the applicant will have the

opportunity to withdraw the

amendment at any time prior to

designation for a hearing if applicable;

and may be afforded, subject to the

discretion of the Administrative Law

Judge, an opportunity to withdraw the

amendment after designation for a

hearing.

* * * * *

(e)(1) The FCC will specify by Public

Notice, pursuant to § 73.5002, a period

for filing applications for a new nonreserved television, low power TV and

TV translator stations or for major

modifications in the facilities of such

authorized stations and major

modifications in the facilities of Class A

TV stations.

(2) Such applicants shall be subject to

the provisions of §§ 1.2105 of this

chapter and competitive bidding

procedures. See 47 CFR 73.5000 et seq.

(f) Applications for minor

modification of Class A TV, low power

TV, TV translator and TV booster

stations may be filed at any time, unless

restricted by the FCC, and will be

processed on a ‘‘first-come/first-served’’

basis, with the first acceptable

application cutting off the filing rights

of subsequent, competing applicants.

Provided, however, that applications for

minor modifications of Class A TV and

those of TV broadcast stations may

become mutually exclusive until grant

of a pending Class A TV or TV broadcast

minor modification application and will

be subject to competitive bidding

procedures.

(g) TV booster station applications

may be filed at any time. Subsequent to

filing, the FCC will release a Public

Notice accepting for filing and

proposing for grant those applications

which are not mutually exclusive with

any other TV translator, low power TV,

TV booster, or Class A TV application,

and providing for the filing of Petitions

To Deny pursuant to § 73.3584.

41. Section 73.3580 is amended by

revising the first and second sentence of

paragraph (c) and adding paragraph

(d)(5) to read as follows:

§ 73. 3580 Local public notice of filing of

broadcast applications.

* * * * *

(c) An applicant who files an

application or amendment thereto

which is subject to the provisions of this

section, must give notice of this filing in

a newspaper. Exceptions to this

requirement are applications for

renewal of AM, FM, TV, Class A TV and

international broadcasting stations; low

power TV stations; TV and FM

translator stations; TV boosters stations;

FM boosters stations; and applications

subject to paragraph (e) of this section.

* * * * *

(d) * * *

(5) An applicant who files for a Class

A television license must give notice of

this filing by broadcasting

announcements on applicant’s station.

(Sample and schedule of

announcements follow.) Newspaper

publication is not required.

(i) The broadcast notice requirement

for those filing for Class A television

license applications and amendment

thereto are as follows:

(A) Pre-filing announcements. Two

weeks prior to the filing of the license

application, the following

announcement shall be broadcast on the

5th and 10th days of the two week

period. The required announcements

shall be made between 6 p.m. and 11

p.m. (5 p.m. and 10 p.m. Central and

Mountain Time) Stations broadcasting

primarily in a foreign language should

broadcast the announcements in that

language.

(B) On (date), the Federal

Communications Commission granted

(Station’s call letters) a certification of

eligibility to apply for Class A television

status. To become eligible for a Class A

certificate of eligibility, a low power

television licensee was required to

certify that during the 90-day period

ending November 28, 1999, the station:

(1) Broadcast a minimum of 18 hours

per day;

(2) Broadcast an average of at least

three hours per week of programming

produced within the market area served

by the station or by a group of

commonly-owned low power television

stations; and

(3) Had been in compliance with the

Commission’s regulations applicable to

the low power television service. The

Commission may also issue a certificate

of eligibility to a licensee unable to

satisfy the foregoing criteria, if it

determines that the public interest,

convenience and necessity would be

served thereby.

(4) (Station’s call letters) intends to

file an application (FCC Form 302–CA)

for a Class A television license in the

near future. When filed, a copy of this

application will be available at (address

of location of the station’s public

inspection file) for public inspection

during our regular business hours.

Individuals who wish to advise the FCC

of facts relating to the station’s

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30009

eligibility for Class A status should file

comments and petitions with the FCC

prior to Commission action on this

application.

(C) Post-filing announcements. The

following announcement shall be

broadcast on the 1st and 10th days

following the filing of an application for

a Class A television license. The

required announcements shall be made

between 6 p.m. and 11 p.m. (5 p.m. and

10 p.m. Central and Mountain Time).

Stations broadcasting primarily in a

foreign language should broadcast the

announcements in that language.

(D) On (date of filing license

application) (Station’s call letters) filed

an application, FCC Form 302–CA, for

a Class A television license. Such

stations are required to broadcast a

minimum of 18 hours per day, and to

average at least 3 hours of locally

produced programming each week, and

to comply with certain full-service

television station operating

requirements. A copy of this application

is available for public inspection during

our regular business hours at (address of

location of the station’s public

inspection file). Individuals who wish

to advise the FCC of facts relating to the

station’s eligibility for Class A status

should file comments and petitions with

the FCC prior to Commission action on

this application.

* * * * *

42. Section 73.3612 is revised to read

as follows:

§ 73.3612 Annual employment report.

Each licensee of permittee of a

commercially or noncommercially

operated AM, FM, TV, Class A TV or

International Broadcast station with five

or more employees shall file an annual

employment report with the FCC on or

before September 30 of each year on

FCC Form 395.

43. Subpart J is added to read as

follows.

Subpart J—Class A Television

Broadcast Stations

Sec.

73.6000 Definitions.

73.6001 Eligibility and service

requirements.

73.6002 Licensing requirements.

73.6003—73.6005 [Reserved]

73.6006 Channel assignments.

73.6007 Power limitations.

73.6008 Distance computations.

73.6010 Class A TV station protected

contour.

73.6011 Protection of TV broadcast stations.

73.6012 Protection of Class A TV, low

power TV and TV translator stations.

73.6013 Protection of DTV stations.

73.6014 Protection of digital Class A TV

stations.

73.6016 Digital Class A TV station

protection of TV broadcast stations.

73.6017 Digital Class A TV station

protection of Class A TV, low power TV

and TV translator stations.

73.6018 Digital Class A TV station

protection of DTV stations.

73.6019 Digital Class A TV station

protection of digital Class A TV stations.

73.6020 Protection of stations in the land

mobile radio service.

73.6022 Negotiated interference and

relocation agreements.

73.6024 Transmission standards and system

requirements.

73.6026 Broadcast regulations applicable to

Class A television stations.

§ 73.6000 Definitions.

Locally produced programming. For

the purpose of this subpart, locally

produced programming is programming:

(1) Produced within the predicted

Grade B contour of the station or within

the predicted Grade B contours of any

of the stations in a commonly owned

group; or

(2) Programming produced at the

station’s main studio. See Report and

Order, In the Matter of Establishment of

a Class A Television Service, MM

Docket No. 00–10, released April 4,

2000.

§ 73.6001 Eligibility and service

requirements.

(a) Qualified low power television

licensees which, during the 90-day

period ending November 28, 1999,

operated their stations in a manner

consistent with the programming and

operational standards set forth in the

Community Broadcasters Protection Act

of 1999, may be accorded primary status

as Class A television licensees.

(b) Class A television broadcast

stations are required to:

(1) Broadcast a minimum of 18 hours

per day; and

(2) Broadcast an average of at least

three hours per week of locally

produced programming each quarter.

(c) Licensed Class A television

broadcast stations shall be accorded

primary status as a television

broadcaster as long as the station

continues to meet the minimum

operating requirements for Class A

status.

(d) Licensees unable to continue to

meet the minimum operating

requirements for Class A television

stations, or which elect to revert to low

power television status, shall promptly

notify the Commission, in writing, and

request a change in status.

§ 73.6002 Licensing requirements.

(a) A Class A television broadcast

license will only be issued to a qualified

low power television licensee that:

(1) Filed a Statement of Eligibility for

Class A Low Power Television Station

Status on or before January 28, 2000,

which was granted by the Commission;

and

(2) Files an acceptable application for

a Class A Television license (FCC Form

302–CA).

§§ 73.6003–73.6005 [Reserved]

§ 73.6006 Channel assignments.

Class A TV stations will not be

authorized on UHF TV channels 52

through 69, or on channels unavailable

for TV broadcast station use pursuant to

§ 73.603 of this part.

§ 73.6007 Power limitations.

An application to change the facilities

of an existing Class A TV station will

not be accepted if it requests an effective

radiated power that exceeds the power

limitation specified in § 74.735 of this

chapter.

§ 73.6008 Distance computations.

The distance between two reference

points must be calculated in accordance

with § 73.208(c) of this part.

§ 73.6010 Class A TV station protected

contour.

(a) A Class A TV station will be

protected from interference within the

following predicted signal contours:

(1) 62 dBu for stations on Channels 2

through 6;

(2) 68 dBu for stations on Channels 7

through 13; and

(3) 74 dBu for stations on Channels 14

through 51.

(b) The Class A TV station protected

contour is calculated from the effective

radiated power and antenna height

above average terrain, using the F(50,50)

charts of Figure 9, 10 or 10b of § 73.699

of this part.

(c) A digital Class A TV station will

be protected from interference within

the following predicted signal 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 51.

(d) The digital Class A TV station

protected contour is calculated from the

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 part.

§ 73.6011 Protection of TV broadcast

stations.

Class A TV stations must protect

authorized TV broadcast stations,

applications for minor changes in

authorized TV broadcast stations filed

30010 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

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.

Protection of these stations and

applications must be based on the

requirements specified in § 74.705 of

this chapter. An application to change

the facilities of an existing Class A TV

station will not be accepted if it fails to

protect these TV broadcast stations and

applications pursuant to the

requirements specified in § 74.705 of

this chapter.

§ 73.6012 Protection of Class A TV, low

power TV and TV translator stations.

An application to change the facilities

of an existing Class A TV station will

not be accepted if it fails to protect other

authorized Class A TV, low power TV

and TV translator stations and

applications for changes in such stations

filed prior to the date the Class A

application is filed, pursuant to the

requirements specified in § 74.707 of

this chapter.

§ 73.6013 Protection of DTV stations.

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 of this part, 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 and

applications must be based on not

causing predicted interference within

the service area described in § 73.622(e)

of this part. The interference analysis is

based on the methods described in

§§ 73.623(c)(2) through (c)(4) of this

part, except that a Class A TV station

must not cause a loss of service to 0.5

percent or more of the population

predicted to receive service from the

DTV allotment, station or application.

An application to change the facilities of

an existing Class A TV station will not

be accepted if it fails to protect these

DTV allotments, stations and

applications in accordance with this

section.

§ 73.6014 Protection of digital Class A TV

stations.

An application to change the facilities

of an existing Class A TV station will

not be accepted if it fails to protect

authorized digital Class A TV stations

and applications for changes in such

stations filed prior to the date the Class

A application is filed, pursuant to the

requirements specified in § 74.706 of

this chapter.

§ 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 D/U ratios for ‘‘DTV-intoanalog TV’’ specified in § 73.623(c)(2) of

this part at the Grade B contour of the

TV broadcast station or application. 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.

§ 73.6017 Digital Class A TV station

protection of Class A TV, low power TV, and

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 meet the D/U ratios for ‘‘DTV-intoanalog TV’’ specified in § 73.623(c)(2) of

this part at the protected contours as

defined in § 73.6010 of this part for

other authorized Class A TV stations

and § 74.707 of this chapter for low

power TV and TV translator stations.

This protection also must be afforded to

applications for changes in other

authorized Class A TV, low power TV

and TV translator stations filed prior to

the date the digital Class A application

is filed.

§ 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

of this part, 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

and applications must be based on not

causing predicted interference within

the service area described in § 73.622(e)

of this part. The interference analysis is

based on the methods described in

§§ 73.623(c)(2) through (c)(4) of this

part, except that a digital Class A TV

station must not cause a loss of service

to 0.5 percent or more of the population

predicted to receive service from the

DTV allotment, station or application.

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.

§ 73.6019 Digital Class A TV station

protection of 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 meet the D/U ratios for ‘‘DTV-intoDTV’’ specified in § 73.623(c)(2) through

(c)(4) of this part at the protected

contours as defined in § 73.6010 of this

part for other authorized Class A TV

stations and applications for changes

filed prior to the date the digital Class

A application is filed.

§ 73.6020 Protection of stations in the land

mobile radio service.

An application to change the facilities

of an existing 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 stations must not cause interference

to land mobile stations operating on

channel 16 in New York, NY.

§ 73.6022 Negotiated interference and

relocation agreements.

(a) Notwithstanding the technical

criteria in this subpart, Subpart E of this

part, and Subpart G of part 74 of this

chapter regarding interference

protection to and from Class A TV

stations, Class A TV stations may

negotiate agreements with parties of

authorized and proposed analog TV,

DTV, LPTV, TV translator, Class A TV

stations or other affected parties to

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30011

resolve interference concerns; provided,

however, other relevant requirements

are met with respect to the parties to the

agreement. A written and signed

agreement must be submitted with each

application or other request for action

by the Commission. Negotiated

agreements under this paragraph can

include the exchange of money or other

considerations from one entity to

another. Applications submitted

pursuant to the provisions of this

paragraph will be granted only if the

Commission finds that such action is

consistent with the public interest.

(b) A Class A TV station displaced in

channel by a channel allotment change

for a DTV station may seek to exchange

channels with the DTV station,

provided both parties consent in writing

to the change and that the Class A

station meets all applicable interference

protection requirements on the new

channel. Such requests will be treated

on a case-by-case basis and, if approved,

will not subject the Class A station to

the filing of competing applications for

the exchanged channel.

§ 73.6024 Transmission standards and

system requirements.

(a) A Class A TV station must meet

the requirements of §§ 73.682 and

73.687, except as provided in paragraph

(b) of this section.

(b) A Class A TV station may continue

to operate with the transmitter operated

under its previous LPTV license,

provided such operation does not cause

any condition of uncorrectable

interference due to radiation of radio

frequency energy outside of the assigned

channel. Such operation must continue

to meet the requirements of §§ 74.736

and 74.750 of this chapter.

(c) A Class A TV station is not

required to operate on an offset carrier

frequency and must meet the frequency

tolerance requirements of § 73.1545 of

this part.

§ 73.6025 Antenna system and station

location.

(a) Applications for modified Class A

TV facilities proposing the use of

directional antenna systems must be

accompanied by the following:

(1) Complete description of the

proposed antenna system, including the

manufacturer and model number of the

proposed directional antenna. In the

case of a composite antenna composed

of two or more individual antennas, the

antenna should be described as a

‘‘composite’’ antenna. A full description

of the design of the antenna should also

be submitted.

(2) Relative field horizontal plane

pattern (horizontal polarization only) of

the proposed directional antenna. A

value of 1.0 should be used for the

maximum radiation. The plot of the

pattern should be oriented so that 0

degrees (True North) corresponds to the

maximum radiation of the directional

antenna or, alternatively in the case of

a symmetrical pattern, the line of

symmetry. Where mechanical beam tilt

is intended, the amount of tilt in degrees

of the antenna vertical axis and the

orientation of the downward tilt with

respect to true North must be specified,

and the horizontal plane pattern must

reflect the use of mechanical beam tilt.

(3) A tabulation of the relative field

pattern required in paragraph (a)(2), of

this section. The tabulation should use

the same zero degree reference as the

plotted pattern, and be tabulated at least

every 10 degrees. In addition, tabulated

values of all maxima and minima, with

their corresponding azimuths, should be

submitted.

(4) Horizontal and vertical plane

radiation patterns showing the effective

radiated power, in dBk, for each

direction. Sufficient vertical plane

patterns must be included to indicate

clearly the radiation characteristics of

the antenna above and below the

horizontal plane. In cases where the

angles at which the maximum vertical

radiation varies with azimuth, a

separate vertical radiation pattern must

be provided for each pertinent radial

direction.

(5) The horizontal and vertical plane

patterns that are required are the

patterns for the complete directional

antenna system. In the case of a

composite antenna composed of two or

more individual antennas, this means

that the patterns for the composite

antenna, not the patterns for each of the

individual antennas, must be submitted.

(b) Applications for modified Class A

TV facilities proposing to locate

antennas within 61.0 meters (200 feet)

of other Class A TV or TV broadcast

antennas operating on a channel within

20 percent in frequency of the proposed

channel, or proposing the use of

antennas on Channels 5 or 6 within 61.0

meters (200 feet) of FM broadcast

antennas, must include a showing as to

the expected effect, if any, of such

proximate operation.

(c) Where a Class A TV licensee or

permittee proposes to mount an antenna

on an AM antenna tower, or locate

within 3.2 km of an AM directional

station, the TV licensee or permittee

must comply with Sec. 73.1692.

(d) Class A TV stations are subject to

the provisions in § 73.685(d) regarding

blanketing interference.

§ 73.6026 Broadcast regulations

applicable to Class A television stations.

The following sections are applicable

to Class A television stations:

§ 73.603 Numerical designation of

television channels.

§ 73.635 Use of common antenna site.

§ 73.642 Subscription TV service.

§ 73.643 Subscription TV operating

requirements.

§ 73.644 Subscription TV transmission

systems.

§ 73.646 Telecommunications Service on

the Vertical Blanking Interval and in the

Visual Signal.

§ 73.653 Operation of TV aural and visual

transmitters.

§ 73.658 Affiliation agreements and

network program practice; territorial

exclusivity in non-network program

arrangements.

§ 73.664 Determining operating power.

§ 73.665 Use of TV aural baseband

subcarriers.

§ 73.667 TV subsidiary

communications services.

§ 73.669 TV stereophonic aural and

multiplex subcarrier operation.

§ 73.670 Commercial limits in

children’s programs.

§ 73.671 Educational and

informational programming for

children.

§ 73.673 Public information initiatives

regarding educational and

informational programming for

children.

§ 73.688 Indicating instruments.

§ 73.691 Visual modulation

monitoring.

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES.

44. The authority citation for part 74

is revised to read as follows:

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

and 554.

45. Section 74.432 is amended by

revising paragraph (a) to read as follows:

§ 74.432 Licensing requirements and

procedures.

(a) A license for a remote pickup

station will be issued to: the licensee of

an AM, FM, noncommercial FM, low

power FM, TV, Class A TV,

international broadcast or low power TV

station; broadcast network-entity; or

cable network-entity.

* * * * *

46. Section 74.600 is revised to read

as follows:

§ 74.600 Eligibility for license.

A license for a station in this subpart

will be issued only to a television

broadcast station, a Class A TV station,

30012 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

a television broadcast network-entity, a

low power TV station, or a TV translator

station.

47. Section 74.601 is revised to read

as follows:

§ 74.601 Classes of TV broadcast auxiliary

stations.

(a) TV pickup stations. A land mobile

station used for the transmission of TV

program material and related

communications from scenes of events

occurring at points removed from TV

station studios to a TV broadcast, Class

A TV or low power TV station or other

purposes as authorized in § 74.631.

(b) TV STL station (studio-transmitter

link). A fixed station used for the

transmission of TV program material

and related communications from the

studio to the transmitter of a TV

broadcast, Class A TV or low power TV

station or other purposes as authorized

in § 74.631.

(c) TV relay station. A fixed station

used for transmission of TV program

material and related communications

for use by TV broadcast, Class A TV and

low power TV stations or other

purposes as authorized in § 74.631.

(d) TV translator relay station. A fixed

station used for relaying programs and

signals of TV broadcast or Class A TV

stations to Class A TV, LPTV, TV

translator, and to other communications

facilities that the Commission may

authorize or for other purposes as

permitted by § 74.631.

(e) TV broadcast licensee. Licensees

and permittees of TV broadcast, Class A

TV and low power TV stations, unless

specifically otherwise indicated.

(f) TV microwave booster station. A

fixed station in the TV broadcast

auxiliary service that receives and

amplifies signals of a TV pickup, TV

STL, TV relay, or TV translator relay

station and retransmits them on the

same frequency.

48. Section 74.602 is amended by

revising paragraphs (f) and (h) to read as

follows:

§ 74.602 Frequency assignment.

* * * * *

(f) TV auxiliary stations licensed to

low power TV stations and translator

relay stations will be assigned on a

secondary basis, i.e., subject to the

condition that no harmful interference

is caused to other TV auxiliary stations

assigned to TV broadcast and Class A

TV stations, or to community antenna

relay stations (CARS) operating between

12,700 and 13,200 MHz. Auxiliary

stations licensed to low power TV

stations and translator relay stations

must accept any interference caused by

stations having primary use of TV

auxiliary frequencies.

* * * * *

(h) TV STL and TV relay stations may

be authorized, on a secondary basis and

subject to the provisions of Subpart G of

this chapter, to operate fixed point-topoint service on the UHF–TV channels

14–69. These stations must not interfere

with and must accept interference from

current and future full-power UHF–TV

stations, Class A TV stations, LPTV

stations, and TV translator stations.

They will also be secondary to current

land mobile stations (in areas where

land mobile sharing is currently

permitted and contingent on the

decision reached in the pending Dockets

No. 85–172 and No. 84–902).

* * * * *

49. Section 74.703 is amended by

revising paragraph (a) to read as follows:

§ 74.703 Interference.

(a) An application for a new low

power TV, TV translator, or TV booster

station or for a change in the facilities

of such an authorized station will not be

granted when it is apparent that

interference will be caused. Except

where there is a written agreement

between the affected parties to accept

interference, or where it can be shown

that interference will not occur due to

terrain shielding and/or Longley-Rice

terrain dependent propagation methods,

the licensee of a new low power TV, TV

translator, or TV booster shall protect

existing low power TV and TV

translator stations from interference

within the protected contour defined in

§ 74.707 and shall protect existing Class

A TV and digital Class A TV stations

within the protected contours defined in

§ 73.6010 of this chapter. Such written

agreement shall accompany the

application. Guidance on using the

Longley-Rice methodology is provided

in OET Bulletin No. 69. Copies of OET

Bulletin No. 69 may be inspected during

normal business hours at the: Federal

Communications Commission, 445 12th

Street, S.W., Reference Information

Center (Room CY–A257), Washington,

DC 20554. This document is also

available through the Internet on the

FCC Home Page at http://www.fcc.gov/

oet/info/documents/bulletins/#69.

* * * * *

50. Subpart G is amended by adding

a new § 74.708 to read as follows:

§ 74.708 Class A TV and digital Class A TV

station protection.

(a) The Class A TV and digital Class

A TV station protected contours are

specified in § 73.6010 of this chapter.

(b) 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 Class

A TV or digital Class A TV station or an

application for such a station filed prior

to the date the low power TV, TV

translator, or TV booster application is

filed.

(c) Applications for low power TV,

TV translator and TV booster stations

shall protect Class A TV stations

pursuant to the requirements specified

in paragraphs (b) through (e) of § 74.707.

(d) Applications for low power TV,

TV translator and TV booster stations

shall protect digital Class A TV stations

pursuant to the following requirements:

(i) An application must not specify an

antenna site within the protected

contour of a co-channel digital Class A

TV station.

(ii) The ratio in dB of the field

strength of the low power TV, TV

translator or TV booster station to that

of the digital Class A TV station must

meet the requirements specified in

paragraph (d) of § 74.706, calculated

using the propagation methods specified

in paragraph (c) of that section.

[FR Doc. 00–11481 Filed 5–9–00; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1815, 1819, and 1852

Elimination of Elements as a Category

in Evaluations

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final Rule.

SUMMARY: This final rule amends the

NASA FAR Supplement (NFS) by

eliminating the term ‘‘elements’’ as a

category in evaluations. NASA does not

numerically weight and score

‘‘elements’’ and therefore they have

ceased to have significance in the

evaluation and award of NASA’s

contracts.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT: Paul

Brundage, (202) 358–0481, email:

pbrundage@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on December 16, 1999

(64 FR 70208–70209). No comments

were received. This final rule adopts the

proposed rule without change.