Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72723 

[FR Doc. 05–23717 Filed 12–6–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 05–312; FCC 05–192] 

Digital Television Distributed 

Transmission System Technologies; 

Clarification Order 

AGENCY: Federal Communications 

Commission. 

ACTION: Clarification. 

SUMMARY: In this document, the 

Commission clarifies the interim 

guidelines relating to DTS that were 

established in the Second DTV Periodic 

Report and Order. The interim rules 

apply to stations that wish to use DTS 

during the pendency of this rulemaking 

proceeding in this docket. 

DATES: Effective October 4, 2004. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Evan Baranoff, 

Evan.Baranoff@fcc.gov of the Media 

Bureau, Policy Division, (202) 418–

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Clarification Order, FCC 05–192, 

adopted on November 3, 2005, and 

released on November 4, 2005. The full 

text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. 

Summary of the Clarification 

I. Introduction 

1. In the Second DTV Periodic Report 

and Order, we approved in principle the 

use of distributed transmission system 

(DTS) technologies but deferred to a 

separate proceeding the development of 

rules for DTS operation and the 

examination of several policy issues 

related to its use. (See Second Periodic 

Review of the Commission’s Rules and 

Policies Affecting the Conversion to 

Digital Television, 69 FR 59500, October 

4, 2004, (Second DTV Periodic Report 

and Order)). With this Clarification, we 

clarify the interim rules established in 

the Second DTV Periodic Report and 

Order, which will continue to be 

available for stations that wish to apply 

to use DTS technology during the 

pendency of this rulemaking 

proceeding. In the Notice of Proposed 

Rulemaking (NPRM), which is 

published elsewhere in this issue of the 

Federal Register, we examine the issues 

related to the use of DTS and propose 

rules for future DTS operation. The 

rules we propose in the NPRM will 

apply with respect to existing 

authorized facilities and to use of DTS 

after establishment of the new DTV 

Table of Allotments, which may afford 

stations the opportunity to apply to 

maximize their service areas after our 

current freeze on the filing of most 

applications. 

II. Background 

2. In the Second DTV Periodic NPRM 

in MB Docket No. 03–15, we sought 

comment on whether we should permit 

DTV stations to use DTS technologies. 

(See Second Periodic Review of the 

Commission’s Rules and Policies 

Affecting the Conversion to Digital 

Television, MB Docket No. 03–15, 68 FR 

7737 February 18, 2003, (Second DTV 

Periodic NPRM).). A DTV distributed 

transmission system would employ 

multiple synchronized transmitters 

spread around a station’s service area. 

Each transmitter would broadcast the 

station’s DTV signal on the same 

channel, relying on the performance of 

‘‘adaptive equalizer’’ circuitry in DTV 

receivers to cancel or combine the 

multiple signals plus any reflected 

signals to produce a single signal. Such 

distributed transmitters could be 

considered to be similar to analog TV 

booster stations, a secondary, low power 

service used to fill in unserved areas in 

the parent station’s coverage area, but 

DTV technology has the ability to enable 

this type of operation in a much more 

efficient manner. For analog TV 

boosters, in contrast to DTV DTS 

operation, significant self-interference 

will occur unless there is substantial 

terrain blocking the arrival of multiple 

signals into the same area (for example, 

interference will occur if one signal 

arrives from the primary analog station 

directly and a second signal arrives from 

a booster station). 

3. We received 18 comments in the 

Second DTV Periodic Report and Order 

relating to the use of DTS, with the 

parties generally supporting use of this 

technology. We agreed with the 

generally supportive comments that 

DTS technology offers potential benefits 

to the public and noted the encouraging, 

though limited, reports of the 

technology tested thus far. Accordingly, 

in the Second DTV Periodic Report and 

Order we approved in principle the use 

of DTS technology, set forth interim 

guidelines, and committed to undertake 

a rulemaking proceeding to adopt rules 

for DTS operations. We now initiate that 

rulemaking to propose rules for future 

DTS operation, seek further comment on 

DTS operations and clarify certain 

aspects of the interim rules established 

in the Second DTV Periodic Report and 

Order. 

III. Clarification of DTS Interim 

Authorization Policy 

4. In the Second DTV Periodic Report 

and Order, we decided to permit 

interim DTS operations if they provided 

predicted service only within a station’s 

currently authorized area (including its 

replication area as well as any 

maximization area resulting from 

facilities granted by a construction 

permit or license). In addition, for an 

interim DTS proposal to be approved, 

we stated that it needed to be designed 

to serve essentially all of its replication 

coverage area. We now take this 

opportunity to respond to informal 

industry inquiries by clarifying how the 

interim guidelines apply to DTS during 

the pendency of this proceeding. 

Specifically, consistent with the 

requirement to serve the population that 

is currently served, DTS transmitters 

must be located within the DTV 

station’s predicted noise-limited service 

contour (PNLC). We will consider on a 

case-by-case basis requests to extend 

beyond the PNLC by a minimal 

distance, provided such extension is 

necessary to permit coverage of the area 

within the PNLC. Further, consistent 

with this limitation, DTS transmitters 

will be limited to power levels such that 

any individual DTS transmitter’s PNLC 

would only exceed the station’s PNLC 

by a minimal amount consistent with 

the use of DTS to serve viewers within 

the PNLC. For this interim policy, a 

station’s PNLC is based on its existing 

authorizations (combined coverage areas 

72724 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

from its DTV allotment, also referred to 

as its ‘‘replication’’ service area, plus its 

maximization construction permit, if 

any, and maximization license, if any). 

This policy reflects the decisions made 

in the Second DTV Periodic Review 

Report and Order to (1) require that DTS 

provide service to essentially all of a 

station’s replication coverage area; (2) 

permit but not require coverage of any 

maximization area; and (3) prohibit use 

of DTS on a primary basis beyond a 

station’s currently authorized area 

(including its replication area as well as 

any maximization area resulting from 

facilities granted by a construction 

permit or license). 

5. We also clarify the requirement that 

the combined DTS noise-limited service 

be provided over all of a station’s 

replication service area. To evaluate 

whether a request to use DTS during 

this interim period conforms to this 

requirement, we examine whether every 

location in a station’s replication service 

area is within the PNLC of at least one 

proposed DTS transmitter. Because we 

do not protect DTS service beyond the 

station’s PNLC, DTS signals beyond the 

PNLC are considered to have secondary 

status and must protect other licensed 

operations. Stations designing DTS 

operations should also recognize that 

DTS service beyond the area that the 

station ‘‘certified’’ it intends to serve (on 

Form 381 filed in accordance with the 

channel election process) may be 

considered secondary and unprotected 

in the planning for post-transition DTV 

service, and therefore may not be 

allowed to continue past the end of the 

transition unless specifically reauthorized. Consistent with our 

determination in the Second DTV 

Periodic Report and Order, the 

threshold for unacceptable interference 

to other stations will be new 

interference exceeding 0.1 percent based 

on the strongest of the multiple DTS 

signals (not based on the combined 

effect of the multiple DTS transmitters). 

Stations wishing to use DTS, like all 

other stations, are required to comply 

with § 73.625 of our rules with respect 

to service within the station’s 

community of license (sometimes 

referred to as a predicted signal strength 

that is ‘‘noise-limited plus 7 dB’’) (47 

CFR 73.625). 

6. A station’s desire to explore DTS 

operation is not acceptable grounds for 

an extension of the replication and 

maximization interference protection 

deadline. Any station employing an 

interim arrangement of DTS transmitters 

on its build-out deadline will be 

expected to demonstrate that its DTS 

operation meets the appropriate buildout requirement. Beyond these 

decisions, our staff will determine on a 

case-by-case basis the adequacy of other 

aspects of proposed operation 

(including permissible power, antenna 

height, and the acceptability of 

interference showings). 

IV. Procedural Matters 

A. Regulatory Flexibility Act Analysis 

7. No Regulatory Flexibility Act 

Analysis is legally required in the case 

of this Clarification. 

B. Paperwork Reduction Act of 1995 

Analysis 

8. This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. 

C. Congressional Review Act 

9. In order to supplement the 

submission of the Second Periodic DTV 

Report and Order which was made on 

October 8, 2004, the Commission will 

send a copy of Clarification in a report 

to be sent to Congress and the General 

Accountability Office, pursuant to the 

Congressional Review Act. 

IV. Ordering Clauses 

10. It is ordered pursuant to sections 

1, 4(i) and (j), 5(c)(1), 7, 301, 302, 303(f) 

and (r), 307, 308, 309, 316, 319, and 336, 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 51, 154(i) and (j), 

155(c)(1), 157, 301, 302, 303(f) and (r), 

307, 308, 309, 316, 319, and 336, that 

the policy regarding interim use of 

distributed transmission systems (DTS) 

is clarified as described herein. It is 

further ordered that, pursuant to 47 

U.S.C. 155(c), the Chief, Media Bureau, 

is granted delegated authority to review 

and process applications to use DTS. 

List of Subjects in 47 CFR Part 73 

Digital television, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–23660 Filed 12–6–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 112305D] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS has determined that an 

Atlantic bluefin tuna (BFT) quota 

transfer from the Atlantic tunas General 

category to the Reserve category in the 

amount of 200 metric tons (mt), is 

warranted. This action is being taken to 

account for any potential overharvests 

that may occur in the Angling category 

during the 2005 fishing year (June 1, 

2005 through May 31, 2006) and to 

ensure that U.S. BFT harvest is 

consistent with recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

pursuant to the Atlantic Tunas 

Convention Act (ATCA), and to meet 

the domestic management objectives 

under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish, and Sharks (HMS FMP). 

DATES: The effective date of the BFT 

quota transfer is December 2, 2005 

through May 31, 2006. 

FOR FURTHER INFORMATION CONTACT: Brad 

McHale, 978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Act, (16 

U.S.C. 1801 et seq.) governing the 

harvest of BFT by persons and vessels 

subject to U.S. jurisdiction are found at 

50 CFR part 635. Section 635.27 

subdivides the U.S. BFT quota 

recommended by ICCAT among the 

various domestic fishing categories. The 

categories, together with the General 

category effort controls, are specified 

annually through procedures provided 

at § 635.23(a) and § 635.27(a). The 2005 

BFT fishing year began on June 1, 2005, 

and ends May 31, 2006. The final initial 

2005 BFT specifications and General 

category effort controls were published 

on June 7, 2005 (70 FR 33033). 

Quota Transfer 

To date, preliminary fishing reports 

from the 2005 recreational BFT fishery 

indicate a season of strong effort and 

participation which could potentially 

equate to high landings. This is in 

contrast with the low landing rates 

across the commercial BFT categories. 

The Angling category quota allocation of 

288.6 mt for the 2005 season addressed 

several issues including Angling 

category quota overages during the last 

several years, consistency with baseline 

quota percentages established in the 

HMS FMP, and the Agency’s intent to