[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Rules and Regulations]
[Pages 29985-30012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11481]


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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.

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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 locally-
originated 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

[[Page 29986]]

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 low-power 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 
low-power stations that carry common local

[[Page 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 
full-power 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 
(Secs. 73.606 and 73.607); (2) mileage separations (Sec. 73.610); and 
(3) minimum power and antenna height requirements (Sec. 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 Sec. 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

[[Page 29988]]

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 full-service stations, which are found in part 73, 
it appears most logical to group the rules for Class A service with the 
full-service 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

[[Page 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 ``built-in'' 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 non-Class 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 full-power 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.

[[Page 29990]]

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 full-service 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 co-location of 
facilities, as a means of resolving interference conflicts. Site 
changes are often integral to such agreements.

[[Page 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 out-of-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-of-core 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 out-of-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

[[Page 29992]]

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 post-transition 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-
by-case 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 Sec. 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1st upper       1st lower      14th upper      15th upper
                                                             Protected    Co-channel  D/     adjacent        adjacent        adjacent        adjacent
                      Service band                            Class A      U ratio  (dB)    channel D/U     channel D/U     channel D/U     channel D/U
                                                          contour  (dBu)                    ratio (dB)      ratio (dB)      ratio (dB)      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

[[Page 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'' full-service stations. Du Triel concludes that, with 
declining spectrum availability, it is ``unreasonable'' to require 
other NTSC stations (full-service, 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 Sec. 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 well-
tested.
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 Sec. 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 Sec. 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 Sec. 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

[[Page 29994]]

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 Sec. 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 Sec. 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 co-located stations on 1st and 
14th adjacent channels, terrain shielding and Longley-Rice 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 ``quasi-primary'' 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 
Sec. 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 Longley-Rice 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 Sec. 74.705 of our rules. Moreover, where a 
requested Class A station does not provide the protection required by 
that rule, Sec. 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 
Secs. 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. (Media-Com) 
supports the DTV interference analysis procedure, but suggests that we

[[Page 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 Sec. 74.707 of the LPTV rules, i.e., on 
the basis of compliance with certain desired-to-undesired 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-to-undesired signal strength ratios. We will 
require protection pursuant to all provisions in Sec. 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 
earlier-authorized 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 Sec. 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 full-service 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

[[Page 29996]]

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 full-service 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 full-service 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 in-core 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 full-service 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 in-core 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 out-of-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

[[Page 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

[[Page 29998]]

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 four-letter 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 four-letter ``-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 full-service 
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 studio-to-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

[[Page 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 full-
service television stations, even as those

[[Page 30000]]

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 low-power 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 (Secs. 73.606 and 73.607); (2) mileage separations 
(Sec. 73.610); and (3) minimum power and antenna height requirements 
(Sec. 73.614). The R&O also exempts Class A facilities from the 
principal city coverage requirement of Sec. 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:


Sec. 1.1104  Schedule of charges for applications and other filings for 
the mass media services.

* * * * *
8. Class A Television Service

[[Page 30001]]



----------------------------------------------------------------------------------------------------------------
            Action                      FCC form No.            Fee amount    Payment type code      Address
----------------------------------------------------------------------------------------------------------------
a. New or major change         301-CA.......................          $3,245  MVT                FCC, Mass Media
 construction permit.                                                                             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           Corres. and 159..............             130  .................  FCC, Mass Media
 Authority.                                                                                       Services, P.O.
                                                                                                  Box 358165,
                                                                                                  Pittsburgh, PA
                                                                                                  15251-5165.
e. License assignment........  314 and 159 or...............             725  MPT                FCC, Mass Media
                               316 and 159..................             105  MDT                 Services, P.O.
                                                                                                  Box 358350,
                                                                                                  Pittsburgh, PA
                                                                                                  15251-5350.
f. Transfer of control.......  315 and 159 or...............             725  MPT                FCC, Mass Media
                               316 and 159..................             105  MDT                 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:


Sec. 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:


Sec. 11.11  The Emergency Alert System (EAS).

* * * * *

                                                              Timetable Broadcast Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Requirement                    AM and FM                  TV                  FM Class D                LPTV <SUP>1</SUP>               Class A TV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone encoder <SUP>2</SUP> <SUP>3</SUP>..............  Y                       Y                       N                       N                      Y
Two-tone encoder <SUP>4</SUP> <SUP>5</SUP>..............  Y                       Y                       Y                       Y                      Y
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>1</SUP> LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment.
<SUP>2</SUP> Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\3\ Effective 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.
\4\ Effective July 1, 1995, the two-tone decoder must respond to two-tone signals of 3-4 seconds duration.
\5\ Effective 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:


Sec. 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 Sec. 73.613 to read as follows:


Sec. 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 Sec. 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, first-
adjacent 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 Sec. 73.603(a) of this part).

[[Page 30002]]

    (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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 
Secs. 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 Sec. 73.684 of this part and using the appropriate F(50,10) chart 
from Figure 9a, 10a, or 10c of Sec. 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:


Sec. 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 
Sec. 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 Sec. 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 Sec. 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:

[[Page 30003]]

Sec. 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:


Sec. 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:


Sec. 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 Sec. 73.683 and 
calculated using the method specified in Sec. 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 Sec. 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:


Sec. 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:


Sec. 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 
non-programming. 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:


Sec. 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 dual-language 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:


Sec. 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:


Sec. 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 Sec. 11.51(b) of this chapter.

    18. Section 73.1400 is amended by revising the introductory text to 
read as follows:


Sec. 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

[[Page 30004]]

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:


Sec. 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:


Sec. 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 Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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 Sec. 73.62, Directional antenna 
system tolerances; Sec. 73.157, Antenna testing during daytime; 
Sec. 73.158, Directional antenna monitoring points; Sec. 73.691, Visual 
modulation monitoring; Sec. 73.1250, Broadcasting emergency 
information; Sec. 73.1350, Transmission system operation; Sec. 73.1560, 
Operating power and mode tolerances; Sec. 73.1570, Modulation levels: 
AM, FM, TV and Class A TV aural; Sec. 73.1615, Operation during 
modification of facilities; Sec. 73.1680, Emergency antennas; and 
Sec. 73.1740, Minimum operating schedule.
* * * * *

    28. Section 73.1660 is amended by revising paragraph (a) to read as 
follows:


Sec. 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:


Sec. 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:

[[Page 30005]]



------------------------------------------------------------------------
                                                          Maximum  rated
                    Authorized power                        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:


Sec. 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 
Sec. 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 Sec. 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 
Sec. 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 Sec. 73.1675(a). 
Auxiliary facilities mounted on an AM antenna tower must also 
demonstrate compliance with Sec. 73.1692 in the license application.
* * * * *

    31. Section 73.1680 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 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:


Sec. 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, Sec. 73.44; FM, Secs. 73.317, 73.319, and 73.322; TV and Class A 
TV, Secs. 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 Sec. 73.316), or any 
increase from the authorized directional antenna pattern for a TV 
broadcast (see Sec. 73.685) or Class A TV station (see Sec. 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 Sec. 73.316), or 
any increase from the authorized directional antenna pattern for a TV 
broadcast (see Sec. 73.685) or Class A TV station (see Sec. 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 Sec. 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 Secs. 73.1690(c)(4), 
(c)(5), or (c)(7), or in Sec. 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, 
Sec. 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 Sec. 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 Sec. 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, Sec. 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

[[Page 30006]]

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 Sec. 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 Sec. 73.1620(a)(1).
* * * * *

    33. Section 73.1740 is amended by adding paragraph (a)(5) to read 
as follows:


Sec. 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:


Sec. 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:


Sec. 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 Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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 Sec. 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.

[[Page 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 
Sec. 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 Sec. 73.6001.

    38. Section 73. 3536 is amended by adding a paragraph (c) to read 
as follows:


Sec. 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:


Sec. 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 on-line 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:


Sec. 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 (Sec. 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 Sec. 74.705 of this 
chapter or interference with broadcast or other services under 
Sec. 74.703 or Sec. 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 
Sec. 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 Secs. 73.6011 or 
73.613; a DTV station or allotment pursuant to Secs. 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

[[Page 30008]]

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 
Secs. 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 Sec. 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 
Sec. 73.5002, a period for filing applications for a new non-reserved 
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 
Secs. 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 Sec. 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:


Sec. 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

[[Page 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:


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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).


Secs. 73.6003-73.6005  [Reserved]


Sec. 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 Sec. 73.603 of this part.


Sec. 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 Sec. 74.735 of this 
chapter.


Sec. 73.6008  Distance computations.

    The distance between two reference points must be calculated in 
accordance with Sec. 73.208(c) of this part.


Sec. 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 Sec. 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 
Sec. 73.625(b)(1) of this part.


Sec. 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

[[Page 30010]]

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 Sec. 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 Sec. 74.705 of this chapter.


Sec. 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 
Sec. 74.707 of this chapter.


Sec. 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 
Sec. 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 Sec. 73.622(e) of 
this part. The interference analysis is based on the methods described 
in Secs. 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.


Sec. 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 Sec. 74.706 of this chapter.


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

    Digital Class A TV stations must protect authorized TV broadcast 
stations, applications for minor changes in authorized TV broadcast 
stations filed on or before November 29, 1999, and applications for new 
TV broadcast stations that had been cut-off without competing 
applications or that were the winning bidder in a TV broadcast station 
auction as of that date, or that were the proposed remaining applicant 
in a group of mutually-exclusive applications for which a settlement 
agreement was on file as of that date. This protection must be based on 
meeting the D/U ratios for ``DTV-into-analog TV'' specified in 
Sec. 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.


Sec. 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-into-
analog TV'' specified in Sec. 73.623(c)(2) of this part at the 
protected contours as defined in Sec. 73.6010 of this part for other 
authorized Class A TV stations and Sec. 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.


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

    Digital Class A TV stations must protect the DTV service that would 
be provided by the facilities specified in the DTV Table of Allotments 
in Sec. 73.622 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 Sec. 73.622(e) of 
this part. The interference analysis is based on the methods described 
in Secs. 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.


Sec. 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-into-
DTV'' specified in Sec. 73.623(c)(2) through (c)(4) of this part at the 
protected contours as defined in Sec. 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.


Sec. 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 
Sec. 74.709 of this chapter. In addition to the protection requirements 
specified in Sec. 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.


Sec. 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

[[Page 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.


Sec. 73.6024  Transmission standards and system requirements.

    (a) A Class A TV station must meet the requirements of Secs. 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 
Secs. 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 
Sec. 73.1545 of this part.


Sec. 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 
Sec. 73.685(d) regarding blanketing interference.


Sec. 73.6026  Broadcast regulations applicable to Class A television 
stations.

    The following sections are applicable to Class A television 
stations:

Sec. 73.603  Numerical designation of television channels.
Sec. 73.635  Use of common antenna site.
Sec. 73.642  Subscription TV service.
Sec. 73.643  Subscription TV operating requirements.
Sec. 73.644  Subscription TV transmission systems.
Sec. 73.646  Telecommunications Service on the Vertical Blanking 
Interval and in the Visual Signal.
Sec. 73.653  Operation of TV aural and visual transmitters.
Sec. 73.658  Affiliation agreements and network program practice; 
territorial exclusivity in non-network program arrangements.
Sec. 73.664  Determining operating power.
Sec. 73.665  Use of TV aural baseband subcarriers.
Sec. 73.667  TV subsidiary communications services.
Sec. 73.669  TV stereophonic aural and multiplex subcarrier operation.
Sec. 73.670  Commercial limits in children's programs.
Sec. 73.671  Educational and informational programming for children.
Sec. 73.673  Public information initiatives regarding educational and 
informational programming for children.
Sec. 73.688  Indicating instruments.
Sec. 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:


Sec. 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:


Sec. 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,

[[Page 30012]]

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:


Sec. 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 Sec. 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 Sec. 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 
Sec. 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 
Sec. 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:


Sec. 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-to-point 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:


Sec. 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 Sec. 74.707 and shall protect existing Class A TV 
and digital Class A TV stations within the protected contours defined 
in Sec. 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 Sec. 74.708 to read as 
follows:


Sec. 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 Sec. 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 Sec. 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 
Sec. 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