Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32157 

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 PRA@fcc.gov. 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 PRA@fcc.gov 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 fullpower 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 overthe-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 

32158 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

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 manufacturerprovided 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