[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32157-32158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15934]



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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

June 30, 2009.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995, Public Law No. 104-13. An agency may not 
conduct or sponsor a collection of information unless it displays a 
currently valid control number. Pursuant to the PRA, no person shall be 
subject to any penalty for failing to comply with a collection of 
information that does not display a valid control number. Comments are 
requested concerning (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 estimate; (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.

DATES: Written PRA comments should be submitted on or before September 
8, 2009. If you anticipate that you will be submitting comments, but 
find it difficult to do so within the period of time allowed by this 
notice, you should advise the contact listed below as soon as possible.

ADDRESSES: Interested parties may submit all PRA comments by e-mail or 
U.S. mail. To submit your comments by e-mail, send them to <a href="/cdn-cgi/l/email-protection#23737162634540400d444c55"><span class="__cf_email__" data-cfemail="2f7f7d6e6f494c4c01484059">[email protected]</span></a>. 
To submit your comments by U.S. mail, mark them to the attention of 
Cathy Williams, Federal Communications Commission, Room 1-C823, 445 
12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, send an e-mail to <a href="/cdn-cgi/l/email-protection#edbdbfacad8b8e8ec38a829b"><span class="__cf_email__" data-cfemail="6a3a382b2a0c0909440d051c">[email protected]</span></a> or contact Cathy 
Williams at 202-418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Numbers: 3060-1086.
    Title: Section 74.786, Digital Channel Assignments; Section 74.787, 
Digital Licensing; Section 74.790, Permissible Service of Digital TV 
Translator and LPTV Stations; Section 74.794, Digital Emissions, and 
Section 74.796, Modification of Digital Transmission Systems and Analog 
Transmission Systems for Digital Operation.
    Form Number: Not applicable.
    Type of Review: Extension 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: 8,533 respondents; 34,790 
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: 55,542 hours.
    Total Annual Cost: $95,767,200.
    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: On May 8, 2009, the Commission adopted the Report 
and Order, In the Matter of Amendments of Parts 73 and 74 of the 
Commission's Rules to Establish Rules for Replacement Digital Low Power 
Television Translator Stations; MB Docket No. 08-253, FCC 09-36 
(released May 8, 2009).
    In this Report and Order, the Commission created a new 
``replacement'' digital television translator service to permit full-
service television stations to continue to provide service to viewers 
within their analog coverage areas who have lost service as a result of 
those stations' digital transition. Replacement digital translators can 
be licensed solely on digital television channels 2 through 51 and with 
secondary frequency status. Unlike other television translator 
licenses, the replacement digital television translator license will be 
associated with the full-service station's main license and will have 
the same four letter call sign as its associated main station. As a 
result, a replacement digital television translator license may not be 
separately assigned or transferred and will be renewed or assigned 
along with the full-service station's main license. Almost all other 
rules associated with television translator stations are applied to 
replacement digital television translators.
    Moreover, the Report and Order adopts an information collection 
requirement contained in 47 CFR 74.787(a)(5)(i). 47 CFR 74.787(a)(5)(i) 
states that an application for a replacement digital television 
translator may be filed by a full-service television station that can 
demonstrate that a portion of its analog service area will not be 
served by its full, post-transition digital facilities. The service 
area of the replacement digital television translators shall be limited 
to only a demonstrated loss area. However, an applicant for a 
replacement digital television translator may propose a de minimis 
expansion of its full-service pre-transition analog service area upon 
demonstrating that it is necessary to replace its post-transition 
analog loss area.
    Congress has mandated that after June 12, 2009, full-power 
television broadcast stations must transmit only in digital signals, 
and may no longer transmit analog signals. Therefore, this collection 
of information will allow full-power DTV stations to use replacement 
digital television translators to meet their statutory responsibilities 
and begin operations on their final, post-transition (digital) channels 
by their construction deadlines. Replacement digital television 
translators will provide DTV broadcasters with an important tool for 
providing optimum signal coverage to their pre-transition analog 
viewers. For some broadcasters, replacement digital television 
translators may offer the only option for continuing to provide over-
the-air service to pre-transition analog viewers.
    The DTV information collection requirement contained in the Report 
and Order and 47 CFR 74.787(a)(5)(i) must stay in effect after June 12, 
2009, the date of the Congressionally mandated full-power digital 
transition, and for the full OMB three-year approval period. Full-power 
broadcast stations may require additional adjustments in their 
facilities, including the new construction of replacement digital 
translators, as their transition to digital mode is optimized, and they 
come to better comprehend their new digital service contours. The 
extent of these adjustments, including the new construction of 
replacement digital translators, is not fully known at this time 
because of the new nature of the full-power digital television service.
    The following information collection requirements are also 
contained in this information collection:
    47 CFR 74.786(d) requires that digital LPTV and TV translator 
stations assigned to these channels as a companion digital channel 
demonstrate

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that a suitable in-core channel is not available. The demonstration 
will require that the licensee conduct a study to verify that an in-
core channel is not available.
    47 CFR 74.786(d) further requires that digital LPTV and TV 
translator stations proposing use of channels 52-59 notify all 
potentially affected 700 MHz wireless licensees of their proposed 
operation not less than 30 days prior to the submission of their 
application. These applicants must notify wireless licensees of the 700 
MHz bands comprising the same TV channel and the adjacent channel 
within who licensed geographic boundaries the digital LPTV or TV 
translator station is proposed to be located, and they must also notify 
licensees of co-channel and adjacent channel spectrum whose service 
boundaries lie within 75 miles and 50 miles respectively of their 
proposed station location.
    47 CFR 74.786(e) allows assignment of UHF channels 60 to 69 to 
digital LPTV or TV translator stations for use as a digital conversion 
channel provided that stations proposing use of these channels notify 
all potentially affected 700 MHz wireless licensees of their proposed 
operation not later than 30 days prior to the submission of their 
application.
    47 CFR 74.786(e) further provides that digital LPTV and TV 
translator stations proposing use of UHF channel 63, 64, 68, and 69 
(public safety frequencies) as a digital conversion channel must secure 
a coordinated spectrum use agreement with the pertinent 700 MHz public 
safety regional planning committee and state administrator prior to the 
submission of their application.
    47 CFR 74.786(e) Digital LPTV and TV translator stations proposing 
use of channels 62, 65, and 67 must notify the pertinent regional 
planning committee and state administrator of their proposed operation 
not later than 30 days prior to submission of their application.
    47 CFR Section 74.787(a)(2)(iii) provides that mutually exclusive 
LPTV and TV translator applicants for companion digital stations will 
be afforded an opportunity to submit in writing to the Commission, 
settlements and engineering solutions to resolve their situation.
    47 CFR 74.787(a)(3) provides that mutually exclusive applicants 
applying for construction permits for new digital stations and for 
major changes to existing stations in the LPTV service will similarly 
be allowed to submit in writing to the Commission, settlements and 
engineering solutions to rectify the problem.
    47 CFR 74.787(a)(4) provides that mutually exclusive displacement 
relief applicants filing applications for digital LPTV and TV 
translator stations may be resolved by submitting settlements and 
engineering solutions in writing to the Commission.
    47 CFR 74.790(f) permits digital TV translator stations to 
originate emergency warnings over the air deemed necessary to protect 
and safeguard life and property, and to originate local public service 
announcements (PSAs) or messages seeking or acknowledging financial 
support necessary for its continued operation. These announcements or 
messages shall not exceed 30 seconds each, and be broadcast no more 
than once per hour.
    47 CFR 74.790(e) requires that a digital TV translator station 
shall not retransmit the programs and signal of any TV broadcast or DTV 
broadcast station(s) without prior written consent of such station(s). 
A digital TV translator operator electing to multiplex signals must 
negotiate arrangements and obtain written consent of involved DTV 
station licensee(s).
    47 CFR 74.790(g) requires a digital LPTV station who transmits the 
programming of a TV broadcast or DTV broadcast station received prior 
written consent of the station whose signal is being transmitted.
    47 CFR 74.794 mandates that digital LPTV and TV translator stations 
operating on TV channels 22-24, 32-36, 38, and 65-69 with a digital 
transmitter not specifically FCC-certificated for the channel purchase 
and utilize a low pass filter or equivalent device rated by its 
manufacturer to have an attenuation of at least 85 dB in the GPS band. 
The licensees must retain with their station license a description of 
the low pass filter or equivalent device with the manufacturer's rating 
or a report of measurements by a qualified individual.
    47 CFR 74.796(b)(5) requires digital LPTV or TV translator station 
licensees that modify their existing transmitter by use of a 
manufacturer-provided modification kit would need to purchase the kit 
and must notify the Commission upon completion of the transmitter 
modifications. In addition, digital LPTV or TV translator station 
licensees that modify their existing transmitter and do not use a 
manufacturer-provided modification kit, but instead perform custom 
modification (those not related to installation of manufacturer-
supplied and FCC-certified equipment) must notify the Commission upon 
completion of the transmitter modifications and shall certify 
compliance with all applicable transmission system requirements.
    47 CFR 74.796(b)(6) provides that operators who modify their 
existing transmitter by use of a manufacturer-provided modification kit 
must maintain with the station's records for a period of not less than 
two years, and will make available to the Commission upon request, a 
description of the nature of the modifications, installation and test 
instructions, and other material provided by the manufacturer, the 
results of performance-tests and measurements on the modified 
transmitter, and copies of related correspondence with the Commission. 
In addition, digital LPTV and TV translator operators who custom modify 
their transmitter must maintain with the station's records for a period 
of not less than two years, and will make available to the Commission 
upon request, a description of the modifications performed and 
performance tests, the results of performance-tests and measurements on 
the modified transmitter, and copies of related correspondence with the 
Commission.
    Protection of Analog LPTV. In situations where protection of an 
existing analog LPTV or translator station without a frequency offset 
prevents acceptance of a proposed new or modified LPTV, TV translator, 
or Class A station, the Commission requires that the existing non-
offset station install at its expense offset equipment and notify the 
Commission that it has done so, or, alternatively, negotiate an 
interference agreement with the new station and notify the Commission 
of that agreement.
    Resolving Channel Conflict. The Commission requires that wireless 
licensees operating on channels 52-59 and 60-69 notify (by certified 
mail, return receipt requested) a digital LPTV or TV translator 
licensee operating on the same channel of first adjacent channel of its 
intention to initiate or change wireless operations and the likelihood 
of interference from the LPTV or translator station within its licensed 
geographic service area. This notification should describe the 
facilities, associated service area, and operation of the wireless 
licensee with sufficient detail to permit an evaluation of the 
likelihood of interference.

Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. E9-15934 Filed 7-6-09; 8:45 am]
BILLING CODE 6712-01-P


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