63766 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 

hours in the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554, 

and via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket number, WT Docket 

No. 07–250. The comments may also be 

purchased from Best Copy and Printing, 

Inc., telephone (202) 488–5300, 

facsimile (202) 488–5563, TTY (202) 

488–5562, or e-mail 

FCC@BCPIWEB.com. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

Federal Communications Commission. 

Jane E. Jackson, 

Associate Chief, Wireless 

Telecommunications Bureau. 

[FR Doc. 2010–26174 Filed 10–15–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 03–185; FCC 10–172] 

Digital Low Power Television, 

Television Translator, and Television 

Booster Stations and Digital Class A 

Television Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes and seeks 

comment on rules and issues that need 

to be resolved to complete the low 

power television station digital 

transition. Although Congress 

established a hard deadline of June 12, 

2009 for full-power stations to cease 

analog operations and begin operating 

only in digital, many low power 

television stations are continuing to 

transmit analog signals. 

DATES: Comments for this proceeding 

are due on or before December 17, 2010 

reply comments are due on or before 

January 18, 2011. Written PRA 

comments on the proposed information 

collection requirements contained 

herein must be submitted by the public, 

Office of Management and Budget 

(OMB), and other interested parties on 

or before December 17, 2010. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 03–185 

and/or FCC 10–172, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail.) All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

• People With Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

In addition to filing comments with 

the Secretary, a copy of any PRA 

comments on the proposed collection 

requirements contained herein should 

be submitted to the Federal 

Communications Commission via e-mail 

to PRA@fcc.gov and to 

Cathy.Williams@fcc.gov and also to 

Nicholas A. Fraser, Office of 

Management and Budget, via e-mail to 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at 202–395–5167. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Shan.Maher@fcc.gov of 

the Media Bureau, Video Division, (202) 

418–1600. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, send an 

e-mail to PRA@fcc.gov or contact Cathy 

Williams at (202) 418–2918, or via 

e-mail at Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking and 

Memorandum Opinion and Order 

(‘‘FNPRM and MO&O’’), FCC 10–172, 

adopted on September 17, 2010, and 

released on September 17, 2010. 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). 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the Web site for submitting 

comments. 

• For ECFS filers, if multiple docket 

or rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 63767 

the Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at FCC 

Headquarters building located at 445 

12th Street, SW., Room TW–A325, 

Washington, DC 20054. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington DC 20554. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

To view or obtain a copy of this 

information collection request (ICR) 

submitted to OMB: (1) Go to this OMB/ 

GSA Web page: http://www.reginfo.gov/ 

public/do/PRAMain, (2) look for the 

section of the Web page called 

‘‘Currently Under Review,’’ (3) click on 

the downward-pointing arrow in the 

‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the right 

of the ‘‘Select Agency’’ box, and (6) 

when the list of FCC ICRs currently 

under review appears, look for the OMB 

control number of this ICR as shown in 

this section (or its title if there is no 

OMB control number) and then click on 

the ICR Reference Number. A copy of 

the FCC submission to OMB will be 

displayed. 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document contains proposed 

revised information collection 

requirements. As part of its continuing 

effort to reduce paperwork burden and 

as required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520), the Federal Communications 

Commission invites the general public 

and other Federal agencies to comment 

on the following information 

collection(s). Public and agency 

comments are due December 17, 2010. 

Comments should address: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimates; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

In addition, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we seek specific comment on 

how we might ‘‘further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees.’’ 

OMB Control Numbers: 3060–0016. 

Title: Application for Authority to 

Construct or Make Changes in a Low 

Power TV, TV Translator or TV Booster 

Station, FCC Form 346; 47 CFR 

74.793(d); LPTV Out-of-Core Digital 

Displacement Application. 

Form Numbers: FCC Form 346. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for 

profit entities; not for profit institutions; 

State, local or Tribal government. 

Number of Respondents/Responses: 

3,500 respondents; 3,500 responses. 

Estimated Hours per Response: 9.5 

hours. 

Frequency of Response: On occasion 

reporting requirement; one time 

reporting requirement; third party 

disclosure requirement. 

Total Annual Burden: 33,250 hours. 

Total Annual Cost: $19,418,000. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in sections 154(i), 301, 303, 

307, 308 and 309 of the 

Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Assessment: No impact(s). 

Needs and Uses: In the FNPRM and 

MO&O, the Commission considers 

issues that need to be resolved to 

complete the low power television 

station digital transition. Moreover, the 

FNPRM and MO&O adopts the 

following proposed information 

collection requirements: 

47 CFR 74.793(d) proposes that 

certain digital low power and TV 

translator stations will be required to 

submit information as to vertical 

radiation patterns as part of their 

applications (FCC Forms 346 and 301– 

CA) for new or modified construction 

permits. 

LPTV Out-of-Core Digital 

Displacement Application. The 

Commission proposes to require all low 

power station with facilities on out-ofcore channels (channels 52–59) to 

submit a digital displacement (FCC 

Form 346) application proposing an incore channel (channels 2–51, excluding 

channel 37) not later than June 30, 2011. 

OMB Control Numbers: 3060–0932. 

Title: Application for Authority to 

Construct or Make Changes in a Class A 

Television Broadcast Station, FCC Form 

301–CA; 47 CFR 73.3572(h); 47 CFR 

74.793(d). 

Form Numbers: FCC Form 301–CA. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for 

profit entities; not for profit institutions; 

State, local or Tribal government. 

Number of Respondents/Responses: 

400 respondents; 400 responses. 

Estimated Hours per Response: 9.5 

hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement; One time 

reporting requirement. 

Total Annual Burden: 3,800 hours. 

Total Annual Cost: $3,199,200. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in sections 154(i), 301, 307, 

308, 309 and 319 of the 

Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Assessment: No impact(s). 

Needs and Uses: In the FNPRM and 

MO&O, the Commission considers 

issues that need to be resolved to 

complete the low power television 

station digital transition. Moreover, the 

FNPRM and MO&O adopts the 

following proposed information 

collection requirement: 

47 CFR 73.3572(h) proposes that Class 

A station licensees shall file a minor 

change application (FCC Form 301–CA) 

for either the flash cut channel or the 

digital companion channel they choose 

to retain for post-transition digital 

operations and shall also certify that 

their proposed post-transition digital 

facilities meet all Class A TV 

interference protection requirements. 

47 CFR 74.793(d) proposes that all 

digital low power and TV translator 

stations shall be required to submit 

information as to vertical radiation 

patterns as part of their applications 

(FCC Forms 346 and 301–CA) for new 

or modified construction permits. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
63768 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 

OMB Control Numbers: 3060–1086. 

Title: Section 74.786, Digital Channel 

Assignments; § 74.787, Digital 

Licensing; § 74.790, Permissible Service 

of Digital TV Translator and LPTV 

Stations; § 74.794, Digital Emissions, 

and § 74.796, Modification of Digital 

Transmission Systems and Analog 

Transmission Systems for Digital 

Operation; LPTV Digital Transition 

Consumer Education Information. 

Form Numbers: Not applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for 

profit entities; not for profit institutions; 

State, local or Tribal government. 

Number of Respondents/Responses: 

7,636 respondents; 40,290 responses. 

Estimated Hours per Response: 0.50– 

4 hours. 

Frequency of Response: 

Recordkeeping requirement; one-time 

reporting requirement; Third party 

disclosure requirement. 

Total Annual Burden: 77,542 hours. 

Total Annual Cost: $95,930,000. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in section 301 of the 

Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Assessment: No impact(s). 

Needs and Uses: In the FNPRM and 

MO&O, the Commission considers 

issues that need to be resolved to 

complete the low power television 

station digital transition. Moreover, the 

FNPRM and MO&O adopts the 

following proposed information 

collection requirement: 

LPTV Digital Transition Consumer 

Education Information. The 

Commission proposes to require, where 

technically feasible, stations in the low 

power television services to provide 

notice of their upcoming digital 

transition to their viewers. 

Also, the information collection 

requirements contained in §§ 74.786, 

74.787, 74.790, 74.794 and 74.796 of the 

Commission rules are covered under 

OMB control number 3060–1086 and 

have already been approved by OMB. 

Lastly, the information collection 

requirements pertaining to the 

protection of analog LPTV and resolving 

channel conflict are also covered under 

this collection and have been approved 

by OMB. 

The Commission’s FNPRM and 

MO&O also contains an information 

collection requirement pertaining to 47 

CFR 73.624(g), FCC Form 317, which is 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. It 

will be submitted to the Office of 

Management and Budget (OMB) for 

review under section 3507(d) of the 

PRA. OMB, the general public, and 

other Federal agencies will be invited to 

comment on the information collection 

requirements contained in this 

proceeding. The Commission will 

publish a separate document in the 

Federal Register at a later date seeking 

these comments. 

Synopsis of Further Notice of Proposed 

Rulemaking 

Analog Cut-Off Date 

1. We seek comment on the 

appropriate date for the termination of 

analog operations in the low power 

television and Class A television 

services. We also seek detailed 

information on the equipment and other 

costs of the digital conversion that will 

be incurred by low power television 

stations. We seek comment on whether 

to adopt an analog shutoff date in 2012, 

giving low power television stations 

approximately three years after the June 

12, 2009 full-power transition date to 

convert to digital operation. Under this 

approach, analog station licenses would 

terminate at that time, and analog 

construction permits would have to be 

modified for digital operations prior to 

the transition date. With the full power 

transition now complete and providing 

the incentive for viewers, we believe it 

is appropriate to now require low power 

television stations to complete their 

transition to digital. 

2. We also believe that establishing an 

analog termination date for the low 

power television services in 2012 is 

consistent with the Broadband Plan’s 

recommendations related to increasing 

the efficient use of broadcast TV bands 

and facilitating the deployment of new 

mobile broadband facilities. In addition, 

we note that adoption of a 2012 analog 

termination date would give those low 

power television stations that continued 

to operate in analog mode a total period 

of approximately three years from the 

June 12, 2009 full power digital 

transition to apply for and construct 

digital facilities. We believe that should 

be a sufficient time period for low 

power television stations to successfully 

complete their transition. We also note 

that a three-year period from the fullservice television transition deadline 

would coincide with the construction 

period that low power stations received 

to complete construction of digital 

facilities as set by the Commission in 

the Digital LPTV Order. In addition, a 

2012 date would allow most low power 

stations that obtained a digital 

companion channel five plus years from 

the grant of their construction permit 

(most of which were granted in 2006 or 

2007) to transition to complete digital 

operation without the loss of existing 

analog service. 

3. We seek comment on whether an 

analog shutoff date in 2012 would 

permit sufficient time for the digital 

conversion of the remaining stations in 

the low power television service and, if 

so, when in 2012 would be the best time 

to require an analog shutoff. 

Furthermore, we seek comment on how 

to address ‘‘hardship’’ cases for those 

stations that, despite their best efforts, 

are unable to make a timely conversion. 

In this regard, we seek detailed 

information on the equipment and other 

costs of the digital conversion that will 

be incurred by low power television 

stations. We also seek comment on 

whether to permit stations located in 

communities that rely solely on overthe-air service from stations in the low 

power services to seek additional time 

to continue operating their analog 

facilities after the transition date. We 

seek comment on how to define such 

communities. 

4. We also seek comment on 

alternative timeframes or transition 

mechanisms. Those commenters 

advocating other dates or mechanisms 

should specifically address how their 

proposal would better facilitate the 

digital transition of low power 

television stations and the advantages of 

their approach. We seek comment on 

whether VHF channels, which are now 

underutilized, accompanied by 

additional power, provide a viable 

alternative for continued operation. If 

so, we seek comment on the 

characteristics of the locations where 

such operations would be successful 

and the necessary increased power 

levels. Therefore, we seek comment on 

whether adoption of an analog 

termination by the end of 2015 or after 

the recommended reallocation of 

spectrum from the broadcast TV bands 

is complete (as envisioned by the 

Broadband Plan) would be more 

appropriate and less disruptive for the 

low power television services. We ask 

commenters to indicate if their answer 

to this question would turn on whether 

funds would be available to reimburse 

them for the costs of such a second 

transition. 

5. Whichever date we decide for 

stations in the low power television 

services to complete their transition to 

digital, we seek comment on what kind 

of Commission outreach to those 

communities most affected by this 

phase of the DTV transition would be 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 63769 

appropriate, and what form that 

outreach should take. 

Out-of-Core Transition Date 

6. To begin the process of clearing the 

700 MHz band, we propose adopting a 

date by which existing low power 

stations must submit a displacement 

application for an in-core (channels 2– 

51 excluding channel 37) digital 

channel. We tentatively conclude that 

use of the 700 MHz band as a temporary 

measure to assist low power stations 

with their digital transition is no longer 

necessary and the time has come for low 

power television stations to vacate this 

band. We seek comment on this 

proposal. We propose an ‘‘out-of-core 

transition date’’ of December 31, 2011, 

by which we would require all low 

power television stations to cease all 

operations (both analog and digital) on 

channels 52–69. We seek comment on 

this proposed date and welcome 

comment on alternative deadlines for 

the cessation of low power television 

operations on channels 52–69. 

7. We propose requiring that all low 

power stations with facilities on 

channels 52–69 submit a digital 

displacement application proposing an 

in-core channel (channels 2–51 

excluding channel 37) not later than 

June 30, 2011—six months prior to the 

‘‘out-of-core transition date.’’ We seek 

comment on the proposed submission 

deadline and welcome comment on 

alternative deadlines for the submission 

of a digital displacement application. 

We propose that any low power 

television station that cannot identify a 

workable in-core channel and submit a 

digital displacement application by the 

deadline be required to cease operations 

altogether by the ‘‘out-of-core transition 

date.’’ We seek comment on this 

proposal. Furthermore, we seek 

comment on how to address ‘‘hardship’’ 

cases for those stations that, despite 

their best efforts, are unable to identify 

an in-core channel and submit the 

required displacement application by 

the announced deadline. 

8. We propose to extend the 

notification and termination provisions 

contained in § 74.703(g) of the rules to 

analog LPTV and TV translator facilities 

in the 700 MHz band. We believe that 

we should extend the notification and 

termination provisions in § 74.703(g) of 

the rules to analog LPTV and TV 

translator stations in the 700 MHz band. 

We believe that extension of the 

notification and termination provisions 

will greatly facilitate the clearing of the 

700 MHz band in advance of the 

proposed December 31, 2011 ‘‘out-ofcore transition date.’’ 

Filing Freeze 

9. Effective upon the adoption date of 

this Further Notice of Proposed 

Rulemaking, we announce a freeze on 

the filing of (1) applications for new 

analog low power television and TV 

translator facilities; and (2) applications 

for new or modified, analog or digital, 

low power television stations on 

channels 52–69, including applications 

for flash-cut and digital companion 

channel facilities on these channels. We 

seek comment on whether to dismiss 

those applications for new analog low 

power television facilities that remain 

pending after the May 24, 2010 deadline 

for amendment to specify digital 

facilities. 

10. The Media Bureau will consider, 

on a case-by-case basis, requests for 

waiver of this freeze when an 

application is necessary or otherwise in 

the public interest for technical or other 

reasons to maintain quality service to 

the public, such as when zoning 

restrictions preclude tower construction 

at a particular site or when unforeseen 

events, such as extreme weather events 

or other extraordinary circumstances, 

require relocation to a new tower site. 

As with any request for waiver of our 

rules, a request for waiver of the freeze 

will be granted only upon a showing of 

good cause and when grant of the 

waiver will serve the public interest. 

11. The decision to impose this freeze 

is procedural in nature and therefore the 

freeze is not subject to the notice and 

comment and effective date 

requirements of the Administrative 

Procedure Act. Moreover, there is good 

cause for the Commission’s not using 

notice and comment procedures in this 

case, and not delaying the effect of the 

freeze until 30 days after publication in 

the Federal Register, because to do 

either would be impractical, 

unnecessary, and contrary to the public 

interest because compliance would 

undercut the purposes of the freeze. 

Surrender of Channels 

12. For stations choosing to surrender 

their analog station license and continue 

operating their digital companion 

channel, we seek comment on whether 

to allow such stations to simply notify 

the Commission of this decision and 

whether to delegate to the Media Bureau 

the authority to determine the timetable 

and procedures for such notifications in 

order to expedite the process. If an 

entity that holds a construction permit 

for unbuilt analog and companion 

digital stations and the analog permit 

expires and is forfeited, we seek 

comment on whether the digital 

construction permit should be forfeited 

notwithstanding the later expiration 

date on the digital construction permit. 

We also seek comment on how to 

address situations in which the digital 

companion station is constructed, and 

the construction permit for the related 

unbuilt analog station expires. 

13. We seek comment on whether to 

permit stations to simply discontinue 

operation of their licensed analog 

stations at any time they deem 

appropriate and without notification to 

their viewers, provided, however, that 

their companion digital channels are 

licensed and operational. Alternatively, 

we seek comment on whether stations 

in the low power television services 

should be required to provide notice of 

their upcoming transition to digital 

where technically feasible, as a courtesy 

to their viewers. We seek comment on 

whether to require only those stations 

that are suitably-equipped to provide 

notice of their upcoming transition to 

digital. We seek comment on whether 

such a viewer notification would 

impose undue burdens on stations in 

the low power television service, and is 

unnecessary in light of the completion 

of the full-power television digital 

transition. 

Class A Television Transition to Digital 

14. We propose that Class A TV 

station licensees file a minor change 

application for either the ‘‘flash cut’’ 

channel on which they are now 

operating in analog or the digital 

companion channel they choose to 

retain for post-transition operations. 

Class A stations thereby will be able to 

obtain primary, protected regulatory 

status on their desired post-transition 

digital channel. We also propose that all 

Class A applicants certify that their 

proposed facilities meet all Class A 

interference protection requirements. 

We seek comment on these proposed 

procedures. 

Ancillary and Supplementary Services 

15. We seek comment on whether to 

widen the class of low power television 

broadcasters included in § 73.624(g) to 

include permittees of low power 

television stations operating pursuant to 

a digital STA and to require such 

permittees to file the annual ancillary 

and supplementary services report to 

enable the Commission to assess the 

nature of ancillary and supplementary 

services, if any, that are provided by low 

power television licensees and 

permittees and the extent to which 

feeable services are offered. 

Minor Change Definition 

16. We propose that any digital low 

power television modification that 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
63770 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et 

seq., has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(‘‘SBREFA’’), Pub. L. 104–121, Title II, 110 Stat. 847 

(1996). 

2See 5 U.S.C. 603(a). 

3See id. 603(a). 

proposes a change in transmitter site of 

greater than 30 miles (48 kilometers) 

from the reference coordinates of the 

existing station’s antenna location will 

be considered a new proposal for low 

power television stations. Those 

transmitter site changes that are truly 

minor would continue to be treated as 

a minor change in the rules and those 

that involve a substantial relocation of 

facilities would be deemed a major 

change. 

Vertical Antenna Patterns 

17. We propose to revise the vertical 

patterns used in the temporary 

prediction methodology for the low 

power television services that the 

Commission previously adopted. We are 

considering revising FCC Forms 346 and 

301–CA to start collecting the vertical 

patterns. Rather than undertaking the 

task of collecting vertical patterns from 

existing stations, we are considering the 

use of assumed vertical patterns. Also, 

existing stations would have the option 

of filing applications for minor changes 

to their facilities and submitting the 

actual vertical patterns with their 

applications. We seek comment on this 

proposed methodology. 

18. We also seek comment as to 

whether the power levels and 

interference protection criteria currently 

specified in the rules are appropriate to 

ensure that post-transition low power 

TV signals provided to consumers will 

be of an estimable quality. If not, we 

seek comment on what modifications 

are needed and how would such 

modifications improve the ability of 

consumers to receive service. We seek 

comment as to whether there is specific 

testing necessary to test out such 

modifications or to determine the digital 

signal strength in distinct geographic 

locations. 

Use of Full-Power DTV Emission Mask 

19. We see comment on whether to 

adopt rules allowing use of full-power 

DTV emission masks by low power 

television stations. 

Initial Regulatory Flexibility Analysis 

20. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’) 1 the Commission has prepared 

this present Initial Regulatory 

Flexibility Analysis (‘‘IRFA’’) concerning 

the possible significant economic 

impact on small entities by the policies 

and rules proposed in this FNPRM and 

MO&O. Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments indicated on the first page of 

the NPRM. The Commission will send 

a copy of the NPRM, including this 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA).2 In addition, the NPRM and 

IRFA (or summaries thereof) will be 

published in the Federal Register.3

Need for and Objectives of the Proposed 

Rules 

21. In the NPRM, the Commission 

considers matters related to the low 

power television digital transition. The 

following matters are considered in the 

Notice and are more fully defined and 

described below: The adoption of an 

analog shutoff date for low power 

television stations; the adoption of an 

earlier transition date for low power 

television stations on TV channels 52– 

69 (the so-called ‘‘out-of-core’’ channels); 

the adoption of procedures for stations 

to notify the Commission of their final 

digital channel; whether to make low 

power television permittees subject to 

the Commission’s ancillary and 

supplementary fee rules; whether to 

modify the Commission’s minor change 

rule so that it covers a proposed change 

in a low power television station’s 

transmitter site of up to 30 miles (48 

kilometers) from the reference 

coordinates of the station’s transmitting 

antenna; whether to revise the vertical 

antenna patterns used in the prediction 

methodology for the low power 

television services; and whether to 

allow low power television stations to 

use the emission mask used by full 

power television stations. 

22. The NPRM seeks comment on 

establishing an analog shutoff date in 

2012 for low power TV, TV translator 

and Class A TV stations, giving these 

stations the flexibility of three 

additional years from the conclusion of 

the full power television transition in on 

June 12, 2009, to convert to digital, i.e., 

analog station licenses would terminate 

at that time and analog construction 

permits would have to be modified for 

digital operations. 

23. The Commission seeks comment 

on whether to require existing analog 

and digital low power television 

stations on channels 52–69 (the socalled ‘‘out of core’’ channels) to file an 

application for an in-core channel 2–51 

by June 30, 2011, and discontinue 

operations on their out-of-core channel 

by December 31, 2011. 

24. The Commission seeks comment 

on whether to delegate to the Media 

Bureau the authority to establish 

timeframes and procedures for stations 

to notify the Commission as to whether 

they intend to convert to digital on their 

existing analog channel (a so-called 

‘‘flash cut’’) or if they intend to continue 

to operate their second digital channel 

and terminate operations on their analog 

channel. 

25. The Commission seeks comment 

on whether to make low power 

television station permittees subject to 

the Commission’s ancillary and 

supplementary fee rules. Currently, low 

power television station licensees are 

subject to the rules and the Commission 

seeks comment on whether permittees 

(defined as those stations constructed 

and operating but have not yet received 

a grant of their license) should also be 

subject to these rules. 

26. The Commission seeks comment 

whether to change the Commission’s 

minor change rule. This proposal seeks 

to modify the rule to prevent stations 

from proposing a major change in their 

facilities (a change that would require 

the payment of a filing fee) in a minor 

change application. To remedy this 

problem, the Commission proposes 

limiting transmitter site changes in 

minor change applications to no more 

than 30 miles (48 kilometers) from the 

reference coordinates of the existing 

station’s transmitting antenna. 

27. The Commission proposes 

allowing low power television stations 

to use the emission mask used by full 

power television stations. This proposal 

would permit stations to secure a 

channel in areas where unused channels 

are scarce by allowing for more efficient 

use of channels. 

28. Finally, the Commission seeks 

comment on whether to revise the 

vertical patterns used in the temporary 

interference prediction methodology for 

the low power television services that 

the FCC adopted in its 2004 Digital 

LPTV Order. Use of the actual vertical 

patterns of proposed low power 

television facilities would enable a more 

realistic determination of the service 

areas of these stations and their 

potential for interfering with other 

stations, as well as more accurate 

determinations of application mutual 

exclusivity. 

Legal Basis 

29. The authority for the action 

proposed in this rulemaking is 

contained in sections 1, 4(i) and (j), 

5(c)(1), 7, 301, 302, 303, 307, 308, 309, 

312, 316, 319, 324, 332, 336, and 337 of 

the Communications Act of 1934, 47 

U.S.C 151, 154(i) and (j), 155(c)(1), 157, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 63771 

4 Id. sec. 603(b)(3). 

5 5 U.S.C. 601(6). 

6 Id. sec. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in 15 U.S.C. 

632). Pursuant to 5 U.S.C. 601(3), the statutory 

definition of a small business applies ‘‘unless an 

agency, after consultation with the Office of 

Advocacy of the Small Business Administration 

and after opportunity for public comment, 

establishes one or more definitions of such term 

which are appropriate to the activities of the agency 

and publishes such definition(s) in the Federal 

Register.’’ 5 U.S.C. 601(3). 

7 15 U.S.C. 632. Application of the statutory 

criteria of dominance in its field of operation and 

independence are sometimes difficult to apply in 

the context of broadcast television. Accordingly, the 

Commission’s statistical account of television 

stations may be over-inclusive. 

8See 13 CFR 121.201, NAICS Code 515120. 

9NAICS Code 515120. This category description 

continues, ‘‘These establishments operate television 

broadcasting studios and facilities for the 

programming and transmission of programs to the 

public. These establishments also produce or 

transmit visual programming to affiliated broadcast 

television stations, which in turn broadcast the 

programs to the public on a predetermined 

schedule. Programming may originate in their own 

studios, from an affiliated network, or from external 

sources.’’ Separate census categories pertain to 

businesses primarily engaged in producing 

programming. See Motion Picture and Video 

Production, NAICS code 512110; Motion Picture 

and Video Distribution, NAICS Code 512120; 

Teleproduction and Other Post-Production 

Services, NAICS Code 512191; and Other Motion 

Picture and Video Industries, NAICS Code 512199. 

10Although we are using BIA’s estimate for 

purposes of this revenue comparison, the 

Commission has estimated the number of licensed 

commercial television stations to be 1374. See News 

Release, ‘‘Broadcast Station Totals as of December 

31, 2006’’ (dated Jan. 26, 2007); see http:// 

www.fcc.gov/mb/audio/totals/bt061231.html. 

11 ‘‘[Business concerns] are affiliates of each other 

when one concern controls or has the power to 

control the other or a third party or parties controls 

or has to power to control both.’’ 13 CFR 

121.103(a)(1). 

12Broadcast Stations Total as of December 31, 

2006. 

13See 13 CFR 121.201, NAICS Code 515120. 

14See News Release, ‘‘Broadcast Station Totals as 

of December 31, 2006’’ (dated Jan. 26, 2007); 

http://www.fcc.gov/mb/audio/totals/bt061231.html. 

15 13 CFR 121.201, NAICS Code 334310. 

16 13 CFR 121.201, NAICS Code 334220. 

17 13 CFR 121.201, NAICS Code 334310. 

301, 302, 303, 307, 308, 309, 312, 316, 

319, 324, 332, 336, and 337. 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rules Will Apply 

30. The RFA directs the Commission 

to provide a description of and, where 

feasible, an estimate of the number of 

small entities that will be affected by the 

proposed rules, if adopted.4 The RFA 

generally defines the term ‘‘small entity’’ 

as having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small government jurisdiction.’’ 5

In addition, the term ‘‘small business’’ 

has the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act.6 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.7

31. Television Broadcasting. The SBA 

defines a television broadcasting station 

as a small business if such station has 

no more than $14 million in annual 

receipts.8 Business concerns included in 

this industry are those ‘‘primarily 

engaged in broadcasting images together 

with sound.’’ 9 According to 

Commission staff review of the BIA 

Publications, Inc. Master Access 

Television Analyzer Database (BIA) on 

March 30, 2007, about 986 of an 

estimated 1,374 commercial television 

stations 10 (or approximately 72 percent) 

have revenues of $13.5 million or less 

and thus qualify as small entities under 

the SBA definition. We note, however, 

that, in assessing whether a business 

concern qualifies as small under the 

above definition, business (control) 

affiliations 11 must be included. Our 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by our action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. The Commission 

has estimated the number of licensed 

NCE television stations to be 380.12 The 

Commission does not compile and 

otherwise does not have access to 

information on the revenue of NCE 

stations that would permit it to 

determine how many such stations 

would qualify as small entities. 

32. Class A TV, LPTV, and TV 

translator stations. The same SBA 

definition that applies to television 

broadcast licensees would apply to 

these stations. The SBA defines a 

television broadcast station as a small 

business if such station has no more 

than $14 million in annual receipts.13

33. Currently, there are approximately 

567 licensed Class A stations, 2,227 

licensed LPTV stations, 4,518 licensed 

TV translators, and 11 TV booster 

stations.14 Given the nature of these 

services, we will presume that all of 

these licensees qualify as small entities 

under the SBA definition. We note, 

however, that under the SBA’s 

definition, revenue of affiliates that are 

not LPTV stations should be aggregated 

with the LPTV station revenues in 

determining whether a concern is small. 

Our 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. We do 

not have data on revenues of TV 

translator or TV booster stations, but 

virtually all of these entities are also 

likely to have revenues of less than $13 

million and thus may be categorized as 

small, except to the extent that revenues 

of affiliated non-translator or booster 

entities should be considered. 

34. In addition, an element of the 

definition of ‘‘small business’’ is that the 

entity not be dominant in its field of 

operation. We are unable at this time to 

define or quantify the criteria that 

would establish whether a specific 

television station is dominant in its field 

of operation. Accordingly, the estimate 

of small businesses to which rules may 

apply do not exclude any television 

station from the definition of a small 

business on this basis and are therefore 

over-inclusive to that extent. Also as 

noted, an additional element of the 

definition of ‘‘small business’’ is that the 

entity must be independently owned 

and operated. We note that it is difficult 

at times to assess these criteria in the 

context of media entities and our 

estimates of small businesses to which 

they apply may be over-inclusive to this 

extent. 

35. Electronics Equipment 

Manufacturers. Rules adopted in this 

proceeding could apply to 

manufacturers of television receiving 

equipment and other types of consumer 

electronics equipment. The SBA has 

developed definitions of small entity for 

manufacturers of audio and video 

equipment 15 as well as radio and 

television broadcasting and wireless 

communications equipment.16 These 

categories both include all such 

companies employing 750 or fewer 

employees. The Commission has not 

developed a definition of small entities 

applicable to manufacturers of 

electronic equipment used by 

consumers, as compared to industrial 

use by television licensees and related 

businesses. Therefore, we will utilize 

the SBA definitions applicable to 

manufacturers of audio and visual 

equipment and radio and television 

broadcasting and wireless 

communications equipment, since these 

are the two closest NAICS Codes 

applicable to the consumer electronics 

equipment manufacturing industry. 

However, these NAICS categories are 

broad and specific figures are not 

available as to how many of these 

establishments manufacture consumer 

equipment. According to the SBA’s 

regulations, an audio and visual 

equipment manufacturer must have 750 

or fewer employees in order to qualify 

as a small business concern.17 Census 

Bureau data indicates that there are 554 

U.S. establishments that manufacture 

audio and visual equipment, and that 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
63772 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 

18Economics and Statistics Administration, 

Bureau of Census, U.S. Department of Commerce, 

1997 Economic Census, Industry Series— 

Manufacturing, Audio and Video Equipment 

Manufacturing, Table 4 at 9 (1999). The amount of 

500 employees was used to estimate the number of 

small business firms because the relevant Census 

categories stopped at 499 employees and began at 

500 employees. No category for 750 employees 

existed. Thus, the number is as accurate as it is 

possible to calculate with the available information. 

19 13 CFR 121.201, NAICS Code 334220. 

20Economics and Statistics Administration, 

Bureau of Census, U.S. Department of Commerce, 

1997 Economic Census, Industry Series— 

Manufacturing, Radio and Television Broadcasting 

and Wireless Communications Equipment 

Manufacturing, Table 4 at 9 (1999). The amount of 

500 employees was used to estimate the number of 

small business firms because the relevant Census 

categories stopped at 499 employees and began at 

500 employees. No category for 750 employees 

existed. Thus, the number is as accurate as it is 

possible to calculate with the available information. 21 5 U.S.C. 603(c)(1)–(c)(4). 

542 of these establishments have fewer 

than 500 employees and would be 

classified as small entities.18 The 

remaining 12 establishments have 500 

or more employees; however, we are 

unable to determine how many of those 

have fewer than 750 employees and 

therefore, also qualify as small entities 

under the SBA definition. Under the 

SBA’s regulations, a radio and television 

broadcasting and wireless 

communications equipment 

manufacturer must also have 750 or 

fewer employees in order to qualify as 

a small business concern.19 Census 

Bureau data indicates that there 1,215 

U.S. establishments that manufacture 

radio and television broadcasting and 

wireless communications equipment, 

and that 1,150 of these establishments 

have fewer than 500 employees and 

would be classified as small entities.20

The remaining 65 establishments have 

500 or more employees; however, we 

are unable to determine how many of 

those have fewer than 750 employees 

and therefore, also qualify as small 

entities under the SBA definition. We 

therefore conclude that there are no 

more than 542 small manufacturers of 

audio and visual electronics equipment 

and no more than 1,150 small 

manufacturers of radio and television 

broadcasting and wireless 

communications equipment for 

consumer/household use. 

Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

36. The Notice proposes one new 

reporting or recordkeeping requirement. 

The Notice proposes requiring that low 

power stations submit information as to 

vertical radiation patterns as part of 

their applications (FCC Form 346) for 

new or modified construction permits. 

Otherwise, existing rules and forms will 

be used to undertake the proposals set 

forth in the Notice. 

Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

37. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.21

38. The Commission’s proposed 

adoption of an analog shutoff date in 

2012 would minimize impact on small 

entities by allowing them three 

additional years from the full power 

television transition that occurred on 

June 12, 2009, to complete their 

transition to digital. Adoption of an 

early low power transition date was not 

considered as it was felt that many 

small entities would not be ready to 

transition any sooner and would be 

forced off the air. 

39. With respect to requiring stations 

on out-of-core channels to transition at 

an early date—on December 31, 2011, 

the Commission found that the burden 

on small entities of adopting an earlier 

deadline was more than outweighed by 

the need to clear out-of-core channels 

for new uses by commercial wireless 

(including mobile broadband) and 

public safety entities. It was determined 

that adoption of a later transition date 

for low power television stations on 

these channels would delay progress on 

clearing these channels. 

40. The Commission’s proposal to 

establish timeframes and procedures for 

stations to notify the Commission as to 

whether they intend to convert to digital 

on their existing analog channel (a socalled ‘‘flash cut’’) or if they intend to 

continue to operate their second digital 

channel and terminate operations on 

their analog channel prevented a 

significant impact on small entities. 

Low power stations will not be 

burdened with having to complete and 

file a lengthy progress report, as was 

required of full power television 

stations, but rather will only have to file 

a simple informal notification to make 

their final digital choice known to the 

Commission 

41. With respect to subjecting low 

power television station permittees to 

the Commission’s ancillary and 

supplementary fee rules, the 

Commission found that the burden on 

small entities of having to comply with 

these rules was outweighed by the need 

to eliminate ambiguity in the rules and 

to provide efficient use and 

administration of spectrum. 

42. The Commission did not find that 

there would be a significant impact on 

small entities by its proposed change to 

its Commission’s low power television 

minor change rule. The change would 

have little impact and any impact would 

affect all entities equally. 

43. The Commission did not find that 

there would a significant impact on 

small entities by its proposal to permit 

stations to use the emission mask used 

by full power television stations. Use 

would be voluntary and any impact 

would affect all entities equally. 

44. The Commission’s proposal to 

revise the vertical patterns used in the 

temporary interference prediction 

methodology for the low power 

television services would not have a 

significant impact on small entities. Use 

of the actual vertical patterns of 

proposed low power television facilities 

will simplify the engineering filings on 

FCC Form 346, making it easier for all 

applicants to complete the form, and 

thus saving applicants time and money. 

Any burden from this requirement 

would impact all entities equally. 

Federal Rules Which Duplicate, 

Overlap, or Conflict With the 

Commission’s Proposals 

45. None. 

46. The Commission will send a copy 

of the Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

47. Television, Television 

Broadcasting, Low Power Television. 

List of Subjects 

47 CFR Part 73 

Radio broadcast services. 

47 CFR Part 74 

Auxiliary, Experimental radio, 

Special broadcast and other program 

distributional services. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 63773 

Commission proposes to amend 47 CFR 

parts 73 and 74 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

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

336. 

2. Section 73.624 is amended by 

revising paragraph (g) introductory text 

to read as follows: 

§ 73.624 Digital television broadcast 

stations. 

* * * * * 

(g) Commercial and noncommercial 

DTV licensees and permittees, and low 

power television, TV translator and 

Class A television stations DTV 

licensees and permittees, must annually 

remit a fee of five percent of the gross 

revenues derived from all ancillary and 

supplementary services, as defined by 

paragraph (b) of this section, which are 

feeable, as defined in paragraphs 

(g)(2)(i) and through (ii) of this section. 

* * * * * 

3. Section 73.3572 is amended by 

adding paragraph (h) to read as follows: 

§ 73.3572 Processing of TV broadcast, 

Class A TV broadcast, low power TV, TV 

translators, and TV booster applications. 

* * * * * 

(h) Class A TV station licensees shall 

file a minor change application for 

either the flash cut channel or the 

digital companion channel they choose 

to retain for post-transition digital 

operations. Class A TV stations will 

retain primary, protected regulatory 

status on their desired post-transition 

digital channel. Class A TV applicants 

must certify that their proposed posttransition digital facilities meet all Class 

A TV interference protection 

requirements. 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

4. The authority citation for part 74 is 

revised to read as follows: 

Authority: 47 U.S.C. 154, 303, 307, 309, 

336 and 554. 

5. Section 74.787 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 74.787 Digital licensing. 

* * * * * 

(b) * * * 

(1) Applications for major changes in 

digital low power television and 

television translator stations include: 

(i) Any change in the frequency 

(output channel) not related to 

displacement relief; 

(ii) Any change in transmitting 

antenna location where the protected 

contour resulting from the change does 

not overlap some portion of the 

protected contour of the authorized 

facilities of the existing station; or 

(iii) Any change in transmitting 

antenna location of greater than 30 

miles (48 kilometers) from the reference 

coordinates of the existing station’s 

antenna location. 

* * * * * 

6. Section 74.793 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 74.793 Digital low power TV and TV 

translator station protection of broadcast 

stations. 

* * * * * 

(c) The following D/U signal strength 

ratio (db) shall apply to the protection 

of stations on the first adjacent channel. 

The D/U ratios for ‘‘Digital TV-intoanalog TV’’ shall apply to the protection 

of Class A TV, LPTV, and TV translator 

stations. The D/U ratios for ‘‘Digital TVinto-digital TV’’ shall apply to the 

protection of DTV, digital Class A TV, 

digital LPTV, and digital TV translator 

stations. The D/U ratios correspond to 

the digital LPTV or TV translator 

station’s specified out-of-channel 

emission mask. 

Simple 

mask 

Stringent 

mask Full service mask 

Digital TV-into-analog ....................................................... 10 0 Lower (¥14)/Upper (¥17) 

TV Digital TV-into-digital TV ............................................. ¥7 ¥12 Lower (¥28)/Upper (¥26). 

(d) For analysis of predicted 

interference from digital low power TV 

and TV translator stations, the relative 

field strength values of the antenna 

vertical radiation pattern provided by 

the applicant will be used instead of the 

values in Table 8 in OET Bulletin 69. 

* * * * * 

7. Section 74.794 is amended by 

revising paragraph (a)(1) and by adding 

paragraph (a)(2)(iii) to read as follows: 

§ 74.794 Digital emissions. 

(a) (1) An applicant for a digital LPTV 

or TV translator station construction 

permit shall specify that the station will 

be constructed to confine out-of-channel 

emissions within one of the following 

emission masks: Simple, stringent, or 

full service. 

(2) * * * 

(iii) Full service mask. (A) The power 

level of emissions on frequencies 

outside the authorized channel of 

operation must be attenuated no less 

than the following amounts below the 

average transmitted power within the 

authorized channel. In the first 500 kHz 

from the channel edge the emissions 

must be attenuated no less than 47 dB. 

More than 6 MHz from the channel 

edge, emissions must be attenuated no 

less than 110 dB. At any frequency 

between 0.5 and 6 MHz from the 

channel edge, emissions must be 

attenuated no less than the value 

determined by the following formula: 

Attenuation in dB = ¥11.5 ([Delta] f + 

3.6); 

Where: 

[Delta] f = frequency difference in MHz from 

the edge of the channel. 

(B) This attenuation is based on a 

measurement bandwidth of 500 kHz. 

Other measurement bandwidths may be 

used as long as appropriate correction 

factors are applied. Measurements need 

not be made any closer to the band edge 

than one half of the resolution 

bandwidth of the measuring instrument. 

Emissions include sidebands, spurious 

emissions, and radio frequency 

harmonics. Attenuation is to be 

measured at the output terminals of the 

transmitter (including any filters that 

may be employed). In the event of 

interference caused to any service, 

greater attenuation may be required. 

* * * * * 

[FR Doc. 2010–26062 Filed 10–15–10; 8:45 am] 

BILLING CODE 6712–01–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS