72720 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

Reservoir, T14S, R1E (El Cajon map); 

then 

(6) Proceed straight northwesterly 

approximately 3.9 miles to the 822- 

meter (2,697-foot) peak of Iron 

Mountain, T14S, R1W (El Cajon map); 

and 

(7) Proceed straight north-northwest 

approximately 2.8 miles, crossing onto 

the Borrego Valley map, and return to 

the beginning point at the peak of 

Woodson Mountain. 

Signed: August 29, 2005. 

John J. Manfreda, 

Administrator. 

Approved: November 3, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–23684 Filed 12–6–05; 8:45 am] 

BILLING CODE 4810–31–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0030; FRL–8005–9] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Regulations for Control of 

Air Pollution by Permits for New 

Construction or Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve revisions to the Texas 

State Implementation Plan (SIP) which 

the Texas Commission on 

Environmental Quality (TCEQ) 

submitted to EPA on February 5, 2004. 

The adopted amendments revise 

minimum distance limitation permit 

requirements for operation of new and 

modified sources to allow storage of an 

inoperative concrete crusher within 440 

yards of a residence, school, or place of 

worship; define how distance 

measurements should be taken and 

when they would be applicable to 

concrete crushers and other facilities; 

and allow concrete crushers to recycle 

broken concrete at temporary 

demolition sites within 440 yards of 

nearby buildings, unless the facility is 

located in a county with a population of 

2.4 million or more, or in a county 

adjacent to such a county. The TCEQ 

also revised the existing distance 

limitation for hazardous waste 

management facilities to cross-reference 

duplicative language elsewhere in its 

regulations. This action is being taken 

under section 110 of the Federal Clean 

Air Act (the Act, or CAA). 

DATES: This rule is effective on February 

6, 2006, without further notice, unless 

EPA receives adverse comment by 

January 6, 2006. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID No. R06–OAR–2005–

TX–0030, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

docket.epa.gov/rmepub/, Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. David Neleigh at 

neleigh.david@epa.gov. Please also 

forward a copy to the person listed in 

the FOR FURTHER INFORMATION CONTACT

section below. 

• Fax: Mr. David Neleigh, Chief, Air 

Permits Section (6PD–R), at fax number 

214–665–7263. 

• Mail: Mr. David Neleigh, Chief, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Mr. 

David Neleigh, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Such deliveries are accepted only 

between the hours of 8 a.m. and 4 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Regional Material in RME ID No. R06–

OAR–2005–TX–0030. EPA’s policy is 

that all comments received will be 

included in the public file without 

change, and may be made available 

online at http://docket.epa.gov/ 

rmepub/, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information the disclosure 

of which is restricted by statute. Do not 

submit information through Regional 

Material in EDocket (RME), 

Regulations.gov, or e-mail if you believe 

that it is CBI or otherwise protected 

from disclosure. The EPA RME Web site 

and the Federal regulations.gov are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public file and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in the official file which is available at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7523 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The state submittal is also available 

for public inspection at the state Air 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72721 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

214–665–7263; e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. What Is Being Addressed in This 

Document? 

II. Have the Requirements for Approval of a 

SIP Revision Been Met? 

III. What Final Action is EPA Taking? 

IV. Statutory and Executive Order Review 

I. What Is Being Addressed in This 

Document? 

We are taking direct final action to 

approve revisions to Title 30 of the 

Texas Administrative Code (30 TAC) 

Section 116.112—Distance Limitations 

into the Texas SIP. The TCEQ adopted 

these revisions on January 14, 2004, and 

submitted the revisions to us for 

approval as a revision to the SIP on 

February 5, 2004. The rulemaking 

implements Texas House Bills 555 and 

1287, section 5.07, 78th Legislature, 

2003. 

Section 116.112 currently establishes 

distance limitations for lead smelters, 

hazardous waste facilities, and concrete 

crushing facilities. These distance 

limitations apply to new and modified 

facilities in these source categories as 

conditions of their new source review 

authorizations. The existing distance 

limitations were approved September 

30, 2003 (68 FR 56176). 

The revisions to section 116.112 

which TCEQ submitted to EPA on 

February 5, 2004, revised the section 

116.112 as follows: 

• The revised rule allows for storage 

of an inoperative concrete crusher 

within 440 yards of a residence, school, 

or place or worship if the residence, 

school, or place or worship was in use 

at the time the owner or operator filed 

an application for the initial 

authorization to operate that facility at 

that location with the TCEQ. 

• The revised rule defines how 

distance measurements should be taken 

and when they would be applicable to 

distances between concrete crushers 

and other facilities. 

• The revised rule provides an 

exemption from minimum distance 

limitations for concrete crushing which 

results from on-site demolition for use 

primarily at that site. The exemption is 

limited to one period of no more than 

180 days and is applicable if the facility 

is not located in a county with a 

population of 2.4 million or more, or in 

a county adjacent to such county. 

• The citation of the distance 

limitations for hazardous waste 

management facilities was redesignated 

from section 116.112(2) to section 

116.112(c) and revised to refer to the 

duplicative distance limitations for such 

facilities in 30 TAC section 335.204 

(relating to Unsuitable Characteristics) 

and section 335.205 (relating to 

Prohibition of Permit Issuance). These 

cross-referenced sections are equivalent 

to the former provisions of section 

116.112(2). The TCEQ limited 

applicability of the cross-referenced 

provisions to section 335.204, as 

amended and adopted in the August 22, 

2003 issue of the Texas Register (28 

TexReg 6915), and section 335.205, as 

amended and adopted in the November 

9, 2001 issue of the Texas Register (26 

TexReg 9135). Thus hazardous waste 

management facilities must comply 

with the distance limitations in the 

specific versions of sections 335.204 

and 335.205 identified in section 

116.112(c). If TCEQ later revises section 

335.204 or section 335.205, it must 

submit an appropriate SIP revision to 

EPA to incorporate the revised version 

of section 335.204 or section 335.205 

into section 116.112 and receive EPA 

approval in order for EPA to recognize 

the revised versions of these sections. 

The Technical Support Document, 

which is part of the record for this 

action, contains more detailed 

information on how the revision meets 

the requirements of the Act, including 

Section 110 and implementing 

regulations. 

II. Have the Requirements for Approval 

of a SIP Revision Been Met? 

The distance limitations in section 

116.112 are a discretionary measure not 

mandated by the CAA. The revision 

strengthens the SIP by providing 

protection for persons located near a 

lead smelter, concrete crushing facility, 

or hazardous waste management 

facility. By restricting the location of 

these types of facilities, the SIP provides 

additional assurance that persons 

located near these types of facilities will 

not be adversely affected by exposure to 

the air contaminants emitted from these 

facilities. House Bill 1287 restricts 

Texas’ authority to provide an 

exemption from the distance limitation 

and measurement requirements to 

facilities for which the Commission 

determines that operation at the location 

will cause no adverse environmental or 

health effects. Texas has stated that 

compliance with this condition will be 

determined during protectiveness 

review as part of permit development. 

The permit review will determine 

compliance with section 

116.111(2)(A)(i) of the existing SIP, 

which provides that the emissions from 

a new or modified facility will comply 

with all rules and regulations of the 

Commission and with the intent of the 

Texas Clean Air Act, including the 

protection of the health and physical 

property of the people. Texas noted that 

sources must also comply with the 

nuisance provisions of section 101.4 of 

the SIP. We have determined that the 

revision meets the requirements of 40 

CFR 51.160(a) and section 110(l) of the 

CAA because it sets forth legally 

enforceable procedures that require the 

TCEQ to determine whether the 

construction or modification will result 

in a violation of applicable portions of 

the control strategy or will interfere 

with attainment or maintenance of a 

national standard. The revision also 

meets the requirement of 40 CFR 

51.160(e) to identify types of facilities 

that will be subject to review. 

III. What Final Action Is EPA Taking? 

We are approving as a revision to the 

Texas SIP revisions of 30 TAC section 

116.112—Distance Limitations, which 

Texas submitted on February 5, 2004. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

received. This rule will be effective on 

February 6, 2006 without further notice 

unless we receive adverse comment by 

January 6, 2006. If we receive adverse 

comments, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

72722 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 6, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 30, 2005. 

Carl E. Edlund, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entry for Section 116.112 to read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject 

State approval submittal date EPA 

approval 

date 

Explanation 

* * * * * * * 

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

* * * * * * * 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

* * * * * * * 

Section 116.112 ................................. Distance Limitations ......................... 01/14/04 12/07/05 

* * * * * * * 

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