Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auction

Federal RegisterNov 22, 2021

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73, and 74

[GEN Docket No. 12-268; FCC 21-111; FR ID 56167]

Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auction

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

In this document, the Commission adopts several rule updates to reflect the conclusion of the incentive auction and post-incentive auction transition period. First, the Commission adopts a revised Table of Allotments (Table) to reflect changes to full power television channel allotments contained in the 2018 Post-Transition Table of DTV Allotments to codify Commission actions taken over the past several years that modified the DTV channel allotments reflected in the 2018 Table, primarily actions related to the incentive auction and repacking process authorized by the Spectrum Act. The Order also deletes or revises Commission rules that no longer have any practical effect given the conclusion of the incentive auction and post-incentive auction transition period, or that are otherwise obsolete or irrelevant.

DATES:

Effective December 22, 2021.

FOR FURTHER INFORMATION CONTACT:

Kevin Harding, Media Bureau, at (202) 418-7077 or

Kevin.Harding@fcc.gov.

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's

Order,

in Gen Docket No. 12-268; FCC 21-111, adopted on October 22, 2021 and released on October 25, 2021. The full text of this document is available for download at

https://docs.fcc.gov/public/attachments/FCC-21-111A1.pdf.

To request materials in accessible formats (braille, large print, computer diskettes, or audio recordings), please send an email to

FCC504@fcc.gov

or call the Consumer & Government Affairs Bureau at (202) 418-0530 (VOICE), (202) 418-0432 (TTY).

Synopsis

Channel allotments for full power television stations in the United States, its territories, and possessions are listed and codified in 47 CFR part 73 of the Commission's rules, and applicants for full power television stations may only apply to construct on the channels designated in the codified Table of Allotments and only in the communities listed therein. To accommodate the analog to digital television transition, in 1997 the Commission allotted a paired DTV channel to analog television licensees and permittees. All full power stations terminated analog operations on June 12, 2009 (with minor and temporary exceptions) and thereafter broadcast solely on its allotted digital channel. In 2012, Congress passed the Spectrum Act that required the Commission to reorganize the ultra-high frequency (UHF) band using a two-sided incentive auction that reallocated broadcast television spectrum for mobile broadband services, which included a repacking process that reorganized and assigned new channels to full power and Class A broadcast TV stations that would remain on the air after the auction. In implementing the Spectrum Act, the Commission decided, after seeking comment on the issue, that it would not use a codified Table or rulemaking procedures to implement channel changes resulting from the repacking process, instead determining that the Table would be amended to codify all new full power channel assignments after completion of the repacking and channel substitution process.

As a result of the incentive auction, 145 broadcast stations accepted incentive payments to relinquish their spectrum rights and either go off the air or, in some cases, continue broadcasting through a channel sharing arrangement. In addition, as a result of the repacking process, 987 full power and Class A stations were reassigned to new channels, and twenty-four winning channel sharing bidders filed applications to change their station's community of license. After the incentive auction, the Media Bureau opened two filing windows for stations that were repacked. These windows permitted certain reassigned stations or band changing stations to seek alternate channels. A total of 49 stations applied for an alternate channel during these two windows and received a construction permit for a new channel.

With the incentive auction and 39-month post-incentive auction transition period completed in July 2019, the Media Bureau lifted a number of filing freezes, effective November 2020, that pertained to the 2018 Table. Specifically, the Media Bureau lifted freezes on:

• Petitions for rulemaking to change channels in the Table of Allotments.

• Petitions for rulemaking for new allotments.

• Petitions for rulemaking to change communities of license.

The Bureau received almost 50 petitions, primarily to substitute a UHF channel for a VHF channel, to change a station's community of license, or to allot a new channel. The majority have been acted on and the changes effective, and the effective channel or community changes are reflected in the new Table. All the petitions were subject to a Notice of Proposed Rulemaking seeking comment on the proposed rule changes and all were adopted through a Report and Order, pursuant to the Administrative Procedure Act, and published in the

Federal Register

.

The Post-Transition Table of Allotments.

The Order adopts a Table that reflects all previously approved changes since the last table of allotments update in 2018. Specifically, the new Table reflects the following actions by the Commission, described above: (1) The incentive auction and television repacking process authorized by the Spectrum Act; (2) channel changes requested by stations assigned to new channels as part of the incentive auction repacking process; and (3) changes adopted after lifting the freeze in November 2020 on the filing of rulemaking petitions to change the 2018 Table. In the Order, the Commission found good cause to make these

revisions to the Table without notice and comment. See 5 U.S.C. 553(b)(3)(B) (providing that notice and comment are not required “when the agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest”). These revisions merely correct outdated information from the 2018 Table as a result of channel reassignments and/or community of license changes that have already been approved by the Commission.

Deletion of Obsolete Rules.

The Order also adopts non-substantive, technical revisions to certain rules in 47 CFR parts 1, 73, and 74 that are now outdated given the reallocation of television channels 38 through 51 for wireless broadband uses, the previous reallocation of channels 52 through 69 for wireless use at the end of the DTV transition in June 2009, and the conversion from analog to digital television technology.

Rulemaking Proceedings.

The Order amends 47 CFR 1.420(a), (g), (h), and (i), which specify the procedures for amending the TV Table of Allotments, by deleting cross-references to “§ 73.606(b)” and replacing them with “§ 73.622(j),” the updated Table of Allotments adopted in the Order.

Television Broadcast Stations.

The Order amends 47 CFR 73.622 to delete the obsolete Tables in § 73.622(b) and (i), which are superseded by § 73.622(j), the updated Table of Allotments adopted in the Order. The Order also amends 47 CFR 73.606 by deleting the cross-reference to “§ 73.622(i)” and adding a cross-reference to “§ 73.622(j),” and designates 47 CFR 73.622(j) as the “successor regulation” to 47 CFR 73.606. The Order also amends certain part 73 rules to remove references to channels and frequency bands that are no longer in-core television spectrum given the reallocation of channels 38 through 51 through the incentive auction repack and the previous reallocation of channels 52 through 69 at the end of the DTV transition in June 2009, and/or refer to obsolete rule § 73.606(b), § 73.622(b), or § 73.622(i) or reference analog TV stations or operations, or otherwise irrelevant information. Specifically, the Order deletes references to the 2018 Table, the obsolete rules sections, and references to channel numbers that are now out-of-core for television stations in each of the following: §§ 73.603(a); 73.613(b); 73.614(b)(5), 73.616(a); 73.622(a)(1) and (2), (b), (e)(1) and (2), (f)(1), (g), (i); 73.623 (a), and (c), and (g); 73.681; 73.687(a)(1) and (4), (e)(3) and (4), (i); 73.699; 73.1690 (a)(8) and (c)(3) and (4); 73.3572 (a)(1) and (4)(ii); 73.6006; 73.6010(a) and (c); 73.7000. The Order also deletes irrelevant information from § 73.625(a). This rule sets forth the community coverage contour signal strength that stations must provide to the entire principal community to be served, and the deleted material sets forth the signal strength of a station's noise limited contour, and thus, has no applicability to § 73.625(a). Deleting it does not alter the rule and avoids confusion. Finally, the Order deletes § 73.3700(f), which sets forth the requirements for filing service rule waiver requests immediately following the close of the incentive auction in 2017. Such waiver requests were required to be submitted no later than May 15, 2017 and all such requests have been disposed of in decisions that are now final.

Low Power TV, TV Translator, and TV Booster Stations.

The Order also amends a number of Part 74 rules that apply to low power and television translator stations to remove references to channels and frequency bands that are no longer in-core television spectrum and/or reference analog TV operations which are no longer permitted, specifically, 47 CFR 74.702(a)(2) and (3), (b); 74.703 (f) and (g); 74.707; 74.735(a), (b), and (c); 74.786 (c) and (d)-(g); 74.787(c); 74.792(a); and 74.795(c)(1).

This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,

see

44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to this proceeding. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is “non-major” under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will also send a copy of this Order to Congress and the Government Accountability office, pursuant to 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 1

Administrative practice and procedures, Television.

47 CFR Part 73

Television.

47 CFR Part 74

Television.

Marlene Dortch,

Secretary, Office of the Secretary.

Final Rules

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 1, 73, and 74 as follows:

PART 1—PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority:

47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise noted.

2. Section 1.420 is amended by revising paragraphs (a), (g) introductory text, (h), and (i) to read as follows:

§ 1.420

Additional procedures in proceedings for amendment of the FM or TV Tables of Allotments, or for amendment of certain FM assignments.

(a) Comments filed in proceedings for amendment of the FM Table of Allotments (§ 73.202 of this chapter) or the Television Table of Allotments (§ 73.622(j) of this chapter) which are initiated on a petition for rule making shall be served on petitioner by the person who files the comments.

(g) The Commission may modify the license or permit of a UHF TV station to a VHF channel in the same community in the course of the rule making proceeding to amend § 73.622(j), or it may modify the license or permit of an FM station to another class of channel through notice and comment procedures, if any of the following conditions are met:

(h) Where licensees (or permittees) of television broadcast stations jointly petition to amend § 73.622(j) and to exchange channels, and where one of the licensees (or permittees) operates on a commercial channel while the other operates on a reserved noncommercial educational channel within the same band, and the stations serve substantially the same market, then the Commission may amend § 73.606(b) or § 73.622(j) and modify the licenses (or permits) of the petitioners to specify operation on the appropriate channels upon a finding that such action will promote the public interest, convenience, and necessity.

(i) In the course of the rule making proceeding to amend § 73.202(b) or § 73.622(j), the Commission may modify the license or permit of an FM or television broadcast station to specify a

new community of license where the amended allotment would be mutually exclusive with the licensee's or permittee's present assignment.

PART 73—RADIO BROADCAST SERVICES

3. The authority citation for part 73 continues to read as follows:

Authority:

47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

§ 73.603

[Amended]

4. Section 73.603 is amended in the table in paragraph (a) by removing the entries for channel numbers 38 through 69.

5. Section 73.606 is revised to read as follows:

§ 73.606

Table of allotments.

The table of allotments set forth in § 73.622(j) contains the channels designated for the listed communities in the United States, its Territories, and possessions. Channels designated with an asterisk are assigned for use by noncommercial educational broadcast stations only.

6. Section 73.613 is amended by revising paragraph (b) to read as follows:

§ 73.613

Protection of Class A TV stations.

(b) Due to the frequency spacing which exists between TV channels 4 and 5, between channels 6 and 7, and between channels 13 and 14, first-adjacent channel protection standards shall not be applicable to these pairs of channels. Some interference protection requirements of this section only apply to stations transmitting on the UHF TV channels 14 through 36 (

see

§ 73.603(a)).

7. Section 73.614 is amended by revising paragraph (b)(5) to read as follows:

§ 73.614

Power and antenna height requirements.

(b) * * *

(5) Channels 14-36 in Zones I, II, and III

ERP

Max

= 84.57-17.08* Log

10

(HAAT)

And,

27 dBk ≤ERP

Max

≤37 dBk

Where:

ERP

Max

= Maximum Effective Radiated Power measured in decibels above 1 kW (dBk).

HAAT = Height Above Average Terrain measured in meters.

The boundaries specified are to be used to determine the maximum possible combination of antenna height and ERP

dBk

. When specifying an ERP

dBk

less than that permitted by the lower boundary, any antenna HAAT can be used. Also, for values of antenna HAAT greater than 2,300 meters the maximum ERP is the lower limit specified for each equation.

8. Section 73.616 is amended by revising paragraph (a) to read as follows:

§ 73.616

Post-transition DTV station interference protection.

(a) A petition to add a new channel to the post-transition DTV Table of Allotments contained in § 73.622(j) of this subpart will not be accepted unless it meets: The DTV-to-DTV geographic spacing requirements of § 73.623(d) with respect to all existing DTV allotments in the post-transition DTV Table; the principle community coverage requirements of § 73.625(a); the Class A TV and digital Class A TV protection requirements in paragraph (f) of this section; the land mobile protection requirements of § 73.623(e); and the FM radio protection requirement of § 73.623(f).

9. Section 73.622 is amended by revising paragraphs (a) introductory text and (a)(1), removing and reserving paragraph (b), revising paragraphs (e)(1) and (2), removing and reserving paragraphs (f)(1), (g), and (i), and adding paragraph (j).

The revisions and addition read as follows:

§ 73.622

Digital television table of allotments.

(a)

General.

The following table of allotments contains the digital television (DTV) channel allotments designated for the listed communities in the United States, its Territories, and possessions. Requests for addition of new DTV allotments, or requests to change the channels allotted to a community must be made in a petition for rule making to amend the DTV Table of Allotments. A request to amend the DTV table to change the channel of an allotment in the DTV table will be evaluated for technical acceptability using engineering criteria set forth in § 73.623(c). A request to amend the DTV table to add a new allotment will be evaluated for technical acceptability using the geographic spacing criteria set forth in § 73.623(d). DTV allotments designated with an asterisk are assigned for use by non-commercial educational broadcast stations only. Rules governing noncommercial educational TV stations are contained in § 73.621. Where there is only one technically available channel available in a community, an entity that would be eligible to operate a noncommercial educational broadcast station may, prior to application, initiate a rulemaking proceeding requesting that an unoccupied or new channel in the community be changed or added as reserved only for noncommercial educational broadcasting upon demonstrating that the noncommercial educational proponent would provide a first or second noncommercial educational TV service to 2,000 or more people who constitute 10% of the population within the proposed allocation's noise limited contour.

(1) Petitions requesting the addition of a new allotment must specify a channel in the range of channels 2-36.

(e) * * *

(1) The service area of a DTV station is the geographic area within the station's noise-limited F(50,90) contour where its signal strength is predicted to exceed the noise-limited service level. The noise-limited contour is the area in which the predicted F(50,90) field strength of the station's signal, in dB above 1 microvolt per meter (dBu) as determined using the method in § 73.625(b) exceeds the following levels (these are the levels at which reception of DTV service is limited by noise):

dBu

Channels 2-6

28

Channels 7-13

36

Channels 14-36

41

(2) Within this contour, service is considered available at locations where the station's signal strength, as predicted using the terrain dependent Longley-Rice point-to-point propagation model, exceeds the levels above. Guidance for evaluating coverage areas using the Longley-Rice methodology is provided in

OET Bulletin No. 69.

Copies of this document are available on the FCC's website. See

https://www.fcc.gov/general/oet-bulletins-line.

(j)

Table of TV Allotments.

Community

Channel No.

Alabama

Anniston

9

Bessemer

14

Birmingham

7, *10, 20, 29, 30

Demopolis

*19

Dothan

21, 36

Dozier

*10

Florence

2, *22

Gadsden

26

Gulf Shores

27

Homewood

21

Hoover

33

Huntsville

15, 17, 18, 19, *24

Louisville

*30

Mobile

9, 15, 18, 20, 23, *30

Montgomery

8, 22, *27, 28, 31

Mount Cheaha

*12

Opelika

17

Ozark

33

Selma

25, 34

Troy

19

Tuscaloosa

6, 36

Tuskegee

18

Alaska

Anchorage

7, *8, 10, 12, 20, *26, 28, 33

Bethel

*3

Fairbanks

7, *9, 18, 26

Juneau

*10, 11

Ketchikan

13

North Pole

20

Sitka

7

Arizona

Douglas

36

Flagstaff

13, 22, 32

Green Valley

34

Holbrook

*11

Kingman

19

Mesa

18

Phoenix

*8, 10, 15, 17, 20, 24, 26, 27, 29, 33

Prescott

7

Sierra Vista

21

Tolleson

31

Tucson

9, 16, 19, 23, 25, *28, *30, 32

Yuma

11, 13

Arkansas

Arkadelphia

*13

Camden

18

El Dorado

*10, 27

Eureka Springs

25

Fayetteville

*9, 15

Fort Smith

18, 21, 27

Harrison

31

Hot Springs

16

Jonesboro

18, *20, 27

Little Rock

*7, 12, 22, 28, 30, 32, *36

Mountain View

*13

Pine Bluff

24, 34

Rogers

33

Springdale

29

California

Anaheim

12

Arcata

22

Avalon

S

Bakersfield

10, 25, 26, 33

Bishop

20

Calipatria

36

Ceres

*15

Chico

20, 36

Clovis

27

Concord

S

Corona

25

Cotati

*5

El Centro

9, 22

Eureka

3, *11, 17, 28

Fort Bragg

8

Fremont

S

Fresno

7, 20, 30, *32, 34

Garden Grove

S

Hanford

21

Huntington Beach

*S

Inglewood

S

Long Beach

18

Los Angeles

4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S

Merced

11

Modesto

18

Monterey

32, S

Oakland

31

Ontario

29

Palm Springs

26, 28

Palo Alto

S

Paradise

30

Porterville

23

Rancho Palos Verdes

30

Redding

*9, 15

Riverside

S

Sacramento

*9, 10, 21, 22, 24, 35

Salinas

8, 11

San Bernardino

*5, 24

San Diego

8, 10, 17, 18, *19, 26

San Francisco

7, 12, 20, 28, 29, *30, 32, S, S, *S

San Jose

13, 19, 33, 36, *S

San Luis Obispo

15, 34

San Mateo

*27

Sanger

36

Santa Ana

33

Santa Barbara

21, 27

Santa Maria

19

Stockton

23, 25, 26

Twentynine Palms

23

Vallejo

34

Ventura

S

Visalia

*22, 28

Watsonville

*25

Colorado

Boulder

32

Broomfield

*13

Castle Rock

15

Colorado Springs

22, 24, 26

Denver

7, 9, 18, *20, 28, 31, *33, 34, 35, 36

Durango

15, *20, 33

Fort Collins

21

Glenwood Springs

23

Grand Junction

2, 7, 12, 15, *18

Greeley

17

Longmont

29

Montrose

13

Pueblo

*8, 25, 27

Steamboat Springs

10

Sterling

23

Connecticut

Bridgeport

S

Hartford

*30, 34, 36, S

New Britain

31

New Haven

10, S, *S

New London

28

Norwich

*9

Stamford

*21

Waterbury

33

Delaware

Dover

5

Seaford

*24

Wilmington

2, *13, 34

District of Columbia

Washington

7, 9, *31, *33, 34, 36, S, S

Florida

Boca Raton

*25

Boynton Beach

*S

Bradenton

29

Cape Coral

34

Clearwater

21

Clermont

23

Cocoa

*30, 32

Daytona Beach

11, 15

Destin

29

Fort Lauderdale

30

Fort Myers

15, *22, 31

Fort Pierce

*18, 20

Fort Walton Beach

14, 21, 25

Gainesville

8, 16, *36

High Springs

29

Hollywood

24

Jacksonville

*9, 13, 14, 18, 19, 20, *21

Key West

3, 8

Lake Worth

36

Lakeland

18

Leesburg

7, *S

Live Oak

17

Marianna

26

Melbourne

14, 22

Miami

9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32

Naples

28, 32

New Smyrna Beach

*24

Ocala

31

Orange Park

10

Orlando

26, 27, 28, 33, *34, 35

Palm Beach

7

Panama City

9, 13, 16, *28

Panama City Beach

33

Pensacola

17, *24, 34, 35

Sarasota

24

St. Petersburg

10, 19, S

Stuart

34

Tallahassee

22, 24, 27, *32

Tampa

9, 12, *13, 17, 20, *S

Tequesta

16

Tice

33

Venice

25

West Palm Beach

12, 13, 35

Georgia

Albany

10, 29

Athens

*7, 18

Atlanta

10, 19, *21, 25, 27, 31, 32, *34, 36

Augusta

27, 28, 36

Bainbridge

19

Baxley

35

Brunswick

24

Chatsworth

*4

Cochran

*9

Columbus

*5, 11, 15, 24, 35

Cordele

34

Dalton

28

Dawson

*7

Macon

13, 26, 30, 33

Monroe

22

Pelham

*6

Perry

23

Rome

16

Savannah

*8, 16, 22, 23

Thomasville

20

Toccoa

24

Valdosta

31

Waycross

*7

Wrens

*6

Hawaii

Hilo

9, 11, 13, 22, 23

Honolulu

8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33, 35

Kailua

29

Kailua-Kona

25

Kaneohe

32

Wailuku

7, *10, 12, 16, 21, 24

Waimanalo

15

Idaho

Boise

7, 15, 20, *21

Caldwell

10

Coeur d'Alene

*18

Filer

*18

Idaho Falls

8, 20, 36

Lewiston

32

Moscow

*12

Nampa

13, 24

Pocatello

*17, 23, 31

Sun Valley

5

Twin Falls

11, *22, 34

Illinois

Aurora

S

Bloomington

28

Carbondale

*8

Champaign

32, 34

Charleston

*30

Chicago

12, 19, 22, 23, 24, *25, 33, 34, S, *S

Decatur

20, 22

East St. Louis

28

Freeport

9

Galesburg

8

Harrisburg

34

Jacksonville

*18

Joliet

35

Macomb

*36

Marion

30

Moline

*23, 31

Mount Vernon

13

Naperville

S

Olney

*23

Oswego

10

Peoria

24, 25, 26, *35

Quincy

22, 32, *34

Rock Island

4

Rockford

13, 16, 36

Springfield

11, 15, 16

Urbana

*9, 36

Indiana

Angola

12

Bloomington

27, 28, *33, S

Elkhart

30

Evansville

*9, 12, 22, 26, 28

Fort Wayne

*18, 20, 24, 32, 34

Gary

*17, S

Hammond

21

Indianapolis

7, 9, 13, *21, 22, *23, 25

Kokomo

15

Lafayette

11

Marion

S

Muncie

19

Richmond

S

Salem

16

South Bend

27, 29, *31, 36

Terre Haute

10, 18, 35

Vincennes

*31

Iowa

Ames

5, 23, *34

Burlington

21

Cedar Rapids

22, 27, 29, 32

Council Bluffs

*33

Davenport

17, 30, *34

Des Moines

8, *11, 13, 16, 19

Dubuque

14

Fort Dodge

*25

Iowa City

*12, 25

Mason City

*18, 24

Newton

36

Ottumwa

15

Red Oak

*35

Sioux City

9, 14, *28, 30, 32

Waterloo

7, *35

Kansas

Colby

17, *19

Derby

31

Dodge City

*21

Ensign

6

Garden City

11, 13

Goodland

10

Great Bend

22

Hays

7, *16

Hoisington

14

Hutchinson

*8, 19, 35

Lakin

*8

Lawrence

25

Pittsburg

7, 13

Salina

17

Topeka

*11, 12, 13, 16, 27

Wichita

10, 12, 15, 26

Kentucky

Ashland

13, *36

Beattyville

7

Bowling Green

13, *18, 24, *29

Covington

*22

Danville

19

Elizabethtown

*23

Harlan

S

Hazard

12, *33

Lexington

21, 27, 28, *35

Louisville

8, 11, 14, *30, 32, *34, 36

Madisonville

*31

Morehead

*30

Murray

*17

Newport

15

Owensboro

17

Owenton

*24

Paducah

19, *23, 25

Pikeville

*23

Richmond

25

Somerset

*17

Louisiana

Alexandria

26, 31, *33, 35

Baton Rouge

9, 13, 24, *25, 34

Columbia

11

Hammond

35

Lafayette

10, 16, *23, 28

Lake Charles

7, 18, *20

Minden

32

Monroe

8, *13

New Iberia

17

New Orleans

15, 19, 21, *23, 26, 27, *28, 29, 33

Shreveport

16, *17, 23, 28, 34

Slidell

17

West Monroe

19, 22

Maine

Augusta

*10

Bangor

2, 7, 13

Biddeford

*36

Calais

*10

Lewiston

24

Orono

*9

Poland Spring

8

Portland

15, 31, 34

Presque Isle

8, *10

Waterville

17

Maryland

Annapolis

*21

Baltimore

11, 12, *22, 25, 26, 27, S

Frederick

*28

Hagerstown

23, *29

Oakland

*26

Salisbury

*16, 29, 32

Silver Spring

S

Massachusetts

Boston

*5, 20, 21, 22, *32, 33, 34, 35

Cambridge

S

Foxborough

S

Lowell

*S

Marlborough

27

New Bedford

24, S

Norwell

10

Pittsfield

7

Springfield

11, *13, 26

Woburn

S

Worcester

19

Michigan

Alpena

11, *24

Ann Arbor

24

Bad Axe

*15

Battle Creek

17, 21

Bay City

23, 30

Cadillac

9, 32, *34

Calumet

5

Cheboygan

16

Detroit

7, *20, 21, 25, 31, 32, 34

East Lansing

*33

Escanaba

32

Flint

12, 16

Grand Rapids

7, *11, 13, 19

Ishpeming

10

Kalamazoo

*5, 8, 22

Lansing

14, 28, S

Manistee

*20

Marquette

*8, 19, 35

Mount Clemens

27

Mount Pleasant

*26

Muskegon

24

Onondaga

10

Saginaw

18, 36

Sault Ste. Marie

8, 10

Traverse City

29, 35

Vanderbilt

21

Minnesota

Alexandria

7, 24

Appleton

*10

Austin

*20, 36

Bemidji

*9, 26

Brainerd

*28

Chisholm

11

Crookston

*16

Duluth

*8, 10, 18, 27, 33

Hibbing

13, *31

Mankato

12

Minneapolis

9, 22, 29, 30, 31, 32

Redwood Falls

27

Rochester

10, 26

St. Cloud

16

St. Paul

*23, *34, 35

Thief River Falls

10

Walker

12

Worthington

*15

Mississippi

Biloxi

*16, 32

Booneville

*9

Bude

*18

Columbus

27

Greenville

15

Greenwood

*25, 32

Gulfport

25

Hattiesburg

22

Holly Springs

26

Jackson

12, 14, *20, 21, 23, 30

Laurel

7

Magee

34

Meridian

13, 24, *28, 31

Mississippi State

*8

Natchez

15

Oxford

*36

Senatobia

*S

Tupelo

11, 17

Vicksburg

36

West Point

16

Missouri

Cape Girardeau

32, 36

Columbia

17, 27

Hannibal

22

Jefferson City

20, 29

Joplin

17, 23, *35

Kansas City

*18, 24, 29, 30, 31, 32, 34, 36

Kirksville

33

Osage Beach

22

Poplar Bluff

15

Sedalia

15

Springfield

10, *16, 19, 28

St. Joseph

7, 21

St. Louis

14, *23, 24, 26, 31, 33, 35

Montana

Billings

10, 11, *16, 18

Bozeman

*8, 13

Butte

5, 19, 20, 24

Glendive

5

Great Falls

7, 8, 17, *21, 26

Hardin

22

Havre

9

Helena

12, 29

Kalispell

9, *15

Miles City

3

Missoula

7, *11, 20, 23

Nebraska

Alliance

*13

Bassett

*7

Grand Island

11

Hastings

5, *28

Hayes Center

6

Kearney

18

Lexington

*26

Lincoln

8, 10, *12, 15

McCook

12

Merriman

*12

Norfolk

*19

North Platte

2, *9

Omaha

*17, 20, 22, 26, 29, 31

Scottsbluff

29

Sidney

7

York

24

Nevada

Elko

10

Ely

27

Henderson

9

Las Vegas

2, 7, *11, 13, 16, 22, 29

Laughlin

32

Paradise

20

Reno

8, 11, 12, *15, 20, 23, 26

Tonopah

9

Winnemucca

7

New Hampshire

Concord

23

Derry

S

Durham

*11

Keene

*18

Littleton

*23

Manchester

9

Merrimack

29

New Jersey

Atlantic City

4

Camden

*23

Jersey City

S

Linden

35

Middletown Township

3

Millville

S

Montclair

*S

Mount Laurel

S

New Brunswick

*8

Newark

12, 26

Newton

18

Paterson

S

Princeton

S

Secaucus

25

Trenton

*S

Vineland

S

Wildwood

36

New Mexico

Albuquerque

7, 13, 16, *17, 22, 24, 26, *35, 36

Carlsbad

19, 25

Clovis

12

Farmington

12

Hobbs

29

Las Cruces

*23, 26

Portales

*32

Roswell

8, 10, 21, 27

Santa Fe

*8, 10, 27, 29

Silver City

10, 12

New York

Albany

8, 12, 24

Amsterdam

19

Batavia

24

Binghamton

7, 8, 27, *31

Buffalo

16, *31, 32, 33, 34, 36, S

Carthage

8

Corning

*25, 30

Elmira

23, 35

Garden City

*32

Ithaca

13

Jamestown

5

New Rochelle

S

New York

7, 11, *24, 27, 34, 36, S

Norwood

*23

Plattsburgh

14, *36

Riverhead

29

Rochester

9, 10, 21, *22, 28

Saranac Lake

34

Schenectady

22, *25, 35

Smithtown

23

Springville

7

Syracuse

14, 15, 17, 18, 19, *20, 36

Utica

29, 30, 34

Watertown

*26, 31

North Carolina

Archer Lodge

S

Asheville

13, *20, S

Belmont

25

Burlington

26

Chapel Hill

*20

Charlotte

*9, 18, 19, 23, 24

Concord

*21

Durham

9, 14

Edenton

*29

Fayetteville

22

Goldsboro

8

Greensboro

28, 35, S

Greenville

12, 19, *25, 36

Hickory

14

High Point

31

Jacksonville

16, *28

Kannapolis

32

Lexington

S

Linville

*36

Lumberton

*30

Manteo

13

New Bern

10

Raleigh

15, 17, 18

Roanoke Rapids

*27

Rocky Mount

32

Wake Forest

S

Washington

34

Wilmington

*21, 23, 24, 29

Winston-Salem

16, 29, *33

North Dakota

Bismarck

12, 17, *22, 26, 31

Devils Lake

8, *25

Dickinson

7, *9, 19

Ellendale

*20

Fargo

*13, 19, 21, 36

Grand Forks

*15, 27

Jamestown

7

Minot

10, 13, 14, *15, 24

Pembina

12

Valley City

24

Williston

8, *11, 14

Ohio

Akron

17, 22, *24

Alliance

*29

Athens

*32

Bowling Green

*22

Cambridge

*6

Canton

S, S

Chillicothe

23

Cincinnati

12, *17, 18, 20, 26

Cleveland

8, 15, 19, *35, 36

Columbus

14, *16, 21, 27, 28

Dayton

31, 33, 34, *35, 36

Lima

4, 8

London

S

Lorain

S

Mansfield

12

Oxford

*29

Portsmouth

15

Sandusky

3

Shaker Heights

10

Springfield

S

Steubenville

9

Toledo

5, 11, 13, 23, 26, *29

Youngstown

31, 33, S

Zanesville

30

Oklahoma

Ada

17

Bartlesville

36

Cheyenne

*8

Claremore

*32

Eufaula

*31

Lawton

11

Muskogee

20

Norman

16

Oklahoma City

7, *13, 15, 18, 19, 23, 24, 25, 27, 33

Okmulgee

28

Shawnee

29

Tulsa

8, 10, *11, 12, 16, 22, 26, 34

Woodward

35

Oregon

Bend

*11, 18, 21

Coos Bay

11, 22

Corvallis

*7

Eugene

9, 17, 28, *29, 31

Grants Pass

30

Klamath Falls

13, 29, *33

La Grande

*13, 16

Medford

5, *8, 10, 12, 26

Pendleton

11

Portland

*10, 12, 24, 25, 26, 32

Roseburg

18, 19, 36

Salem

22, 33

Pennsylvania

Allentown

S, *S

Altoona

6, 24, 31

Bethlehem

9

Clearfield

*15

Erie

12, 21, 26, *27, 28

Greensburg

28

Harrisburg

10, 32, *36

Hazleton

22

Jeannette

11

Johnstown

8, 35

Lancaster

8, S

Philadelphia

6, 17, 28, 30, 31, 33, *S

Pittsburgh

*4, 16, 20, 21, 23, 25, 27

Red Lion

S

Scranton

12, 21, 33, 34, *S

Wilkes-Barre

11

Williamsport

29

Willow Grove

S

York

S

Rhode Island

Newport

17

Providence

*2, 7, 12, 25

South Carolina

Allendale

*21

Anderson

35

Beaufort

*32

Charleston

17, 19, 20, *24, 25, 34

Columbia

7, 10, 15, 22, 25, *33

Conway

*28

Florence

13, *16, 26, 27

Greenville

2, *8, 17, 30

Greenwood

*26

Hardeeville

26

Myrtle Beach

32, 36

Rock Hill

34, S

Spartanburg

11, *S

Sumter

*29, 31

South Dakota

Aberdeen

9, *17

Brookings

*8

Eagle Butte

*13

Florence

3

Huron

12

Lead

5, 10

Lowry

*11

Martin

*8

Mitchell

26

Pierre

*10, 19

Rapid City

2, 7, 16, 21, *26

Reliance

13

Sioux Falls

7, 11, 13, 21, *24, 36

Vermillion

*34

Tennessee

Chattanooga

8, 9, 13, 14, *35

Cleveland

23

Cookeville

*22

Crossville

31

Franklin

32

Greeneville

28

Hendersonville

33

Jackson

21, 35

Jellico

18

Johnson City

9

Kingsport

32

Knoxville

7, 10, 15, 26, *29, 34

Lebanon

25

Lexington

*27

Memphis

5, 13, 23, 25, 28, *29, 31, 33

Murfreesboro

16

Nashville

*7, 10, 20, 21, 27, 30, 36

Sneedville

*24

Tazewell

36

Texas

Abilene

15, 29, 30

Alvin

36

Amarillo

*9, 10, 15, 19, 20

Arlington

25

Austin

7, 21, *22, 23, 33, 34

Baytown

31

Beaumont

12, 15, *29

Belton

17

Big Spring

33

Blanco

18

Borger

31

Bryan

24

College Station

16, 29

Conroe

*12

Corpus Christi

8, 10, 19, *23, 26, 27

Dallas

8, *14, 21, 27, 32, 35, 36

Decatur

30

Del Rio

28

Denton

*29

Eagle Pass

18

El Paso

*13, 15, 16, 17, 18, 20, *21, 25

Farwell

18

Fort Worth

9, 18, 19, 24

Fredericksburg

8

Galveston

22, *23

Garland

33

Greenville

23

Harlingen

16, 18, *21

Houston

*8, 11, 13, 19, 21, *24, 26, 34, 35

Irving

34

Jacksonville

22

Katy

25

Kerrville

32

Killeen

13

Lake Dallas

31

Laredo

8, 19

Llano

27

Longview

20, S

Lubbock

16, *25, 27, 31, 35, 36

Lufkin

9

McAllen

17

Midland

18, 26

Nacogdoches

15

Odessa

7, 9, 15, 23, *28, 30

Port Arthur

27

Rio Grande

14

Rosenberg

30

San Angelo

11, 16, 19

San Antonio

*9, 12, 15, *16, 24, 28, 29, 30

Sherman

12

Snyder

17

Sweetwater

20

Temple

9

Texarkana

26

Tyler

7

Uvalde

26

Victoria

11, 20

Waco

10, *20, 26, 28

Weslaco

13

Wichita Falls

15, 22, 28

Wolfforth

23

Utah

Cedar City

14

Logan

12

Ogden

24, 35, *36

Price

11

Provo

*17, 29, 32

Richfield

*19

Salt Lake City

19, 20, 23, *27, 28, 30, 34

St. George

*18, 21

Vernal

16

Vermont

Burlington

7, 16, 20, *32

Montpelier

S

Rutland

*10

St. Johnsbury

*28

Windsor

*S

Virginia

Arlington

15

Ashland

8

Bristol

35

Charlottesville

2, *26, 32

Culpeper

*S

Danville

S

Grundy

14

Hampton

11

Hampton-Norfolk

*31

Harrisonburg

20

Lynchburg

7, 21

Manassas

35

New Market

*S

Norfolk

16, 32, 33

Petersburg

28

Portsmouth

19, 20

Richmond

10, *22, 23, 24, *29

Roanoke

*3, 27, 30, 34, 36

Spotsylvania

*S

Staunton

*12

Virginia Beach

7, 21

Washington

Bellevue

24, 33

Bellingham

14, 19

Centralia

*19

Everett

31

Kennewick

27

Pasco

18

Pullman

*10, 24

Richland

*22, 26

Seattle

*9, 16, 23, 25, 30, 36

Spokane

*7, 13, 15, 20, 28, 34, 36

Tacoma

11, 13, 21, *27, *34

Vancouver

30

Walla Walla

9

Yakima

14, 16, *21, 33

West Virginia

Bluefield

17, 25

Charleston

18, 24, 29

Clarksburg

12, 13

Grandview

*8

Huntington

*9, 10, 22

Lewisburg

11

Martinsburg

13

Morgantown

*34

Oak Hill

31

Parkersburg

35

Weston

5

Wheeling

7

Wisconsin

Antigo

19

Appleton

36

Chippewa Falls

21

Crandon

13

Eagle River

26, 28

Eau Claire

17, 25

Fond du Lac

5

Green Bay

14, 18, 22, 23, *25

Janesville

21

Kenosha

30

La Crosse

8, *15, 28, 33

Madison

11, 18, 19, *20, 26

Mayville

34

Menomonie

*27

Milwaukee

*8, 27, 28, 29, 31, 32, S, *S

Park Falls

*36

Racine

S

Rhinelander

16

Superior

19

Suring

15

Wausau

7, 9, *24

Wittenberg

31

Wyoming

Casper

*8, 12, 14, 17, 20

Cheyenne

11, 27, 30

Jackson

11

Lander

7, *8

Laramie

*8

Rawlins

9

Riverton

10

Rock Springs

13

Sheridan

7, 13

Guam

Hagåtña

8, 12

Tamuning

14

Puerto Rico

Aguada

25

Aguadilla

12, 17

Arecibo

35

Bayamón

S

Caguas

11, *24

Carolina

30

Fajardo

13, *15, 16

Guayama

34

Humacao

23

Mayagüez

20, 29, 31, 32

Naranjito

18

Ponce

7, 9, 14, *19, 36, S

San Juan

21, *26, 27, 28, S

San Sebastián

33

Toa Baja

*S

Yauco

S

US Virgin Islands

Charlotte Amalie

17, 21, *36

Christiansted

20, 23

10. Section 73.623 is amended by revising paragraph (a) and by removing and reserving paragraphs (c) and (g).

The revision reads as follows:

§ 73.623

DTV applications and changes to DTV allotments.

(a)

General.

This section contains the technical criteria for evaluating applications requesting DTV facilities that do not conform to the provisions of § 73.622 and petitions for rulemaking to amend the DTV Table of Allotments (§ 73.622(b)). Petitions to amend the DTV Table (other than those also expressly requesting amendment of this section) and applications for new DTV broadcast stations or for changes in authorized DTV stations filed pursuant to this section will not be accepted for filing if they fail to comply with the requirements of this section. Petitions for rule making and applications seeking facilities that will operate after the end of the DTV transition must also comply with § 73.616.

11. Section 73.625 is amended by revising paragraph (a)(1) to read as follows:

§ 73.625

DTV coverage of principal community and antenna system.

(a) * * *

(1) The DTV transmitter location shall be chosen so that, on the basis of the effective radiated power and antenna height above average terrain employed, the following minimum F(50,90) field strength in dB above one uV/m will be provided over the entire principal community to be served:

Channels 2-6

35 dBu.

Channels 7-13

43 dBu.

Channels 14-36

48 dBu.

12. Section 73.681 is amended by revising the definition of “Television broadcast band” to read as follows:

§ 73.681

Definitions.

Television broadcast band.

The frequencies in the band extending from 54 to 608 megahertz which are assignable to television broadcast stations. These frequencies are 54 to 72 megahertz (channels 2 through 4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz (channels 7 through 13), and 470 to 608 megahertz (channels 14 through 36).

13. Section 73.687 is amended by revising paragraphs (a)(1) and (4), (e)(3), (e)(4) introductory text, and (e)(4)(i) to read as follows:

§ 73.687

Transmission system requirements.

(a) * * *

(1) The field strength or voltage of the lower sideband, as radiated or dissipated and measured as described in paragraph (a)(2) of this section, shall not be greater than −20 dB for a modulating frequency of 1.25 MHz or greater and in addition, for color, shall not be greater than −42 dB for a modulating frequency of 3.579545 MHz (the color subcarrier frequency). For both monochrome and color, the field strength or voltage of the upper sideband as radiated or dissipated and measured as described in paragraph (a)(2) of this section shall not be greater than −20 dB for a modulating frequency of 4.75 MHz or greater. For stations operating on Channels 15-36 and employing a transmitter delivering maximum peak visual power output of 1 kW or less, the field strength or voltage of the upper and lower sidebands, as radiated or dissipated and measured as described in paragraph (a)(2) of this section, shall depart from the visual amplitude characteristic (Figure 5a of § 73.699) by no more than the following amounts:

(4) The radio frequency signal, as radiated, shall have an envelope as would be produced by a modulating signal in conformity with § 73.682 and Figure 6 or 7 of § 73.699, as modified by vestigial sideband operation specified in Figure 5 of § 73.699. For stations operating on Channels 15-36 the radio frequency signal as radiated, shall have an envelope as would be produced by a modulating signal in conformity with § 73.682 and Figure 6 or 7 of § 73.699.

(e) * * *

(3) TV broadcast stations operating on Channel 14 must take special precautions to avoid interference to adjacent spectrum land mobile radio service facilities. Where a TV station is authorized and operating prior to the authorization and operation of the land mobile facility, a Channel 14 station must attenuate its emissions within the frequency range 467 to 470 MHz if necessary to permit reasonable use of the adjacent frequencies by land mobile licensees.

(4) The requirements listed below apply to permittees authorized to construct a new station on TV Channel 14, and to licensees authorized to change the channel of an existing station to Channel 14, to increase effective radiated power (ERP) (including any change in directional antenna characteristics that results in an increase in ERP in any direction), or to change the transmitting location of an existing station.

(i) For the purposes of this paragraph (e), a protected land mobile facility is a receiver that is intended to receive transmissions from licensed land mobile stations within the frequency band below 470 MHz, and is associated with one or more land mobile stations for which a license has been issued by the Commission, or a proper application has been received by the Commission prior to the date of the filing of the TV construction permit application. However, a land mobile facility will not be protected if it is proposed in an application that is denied or dismissed and that action is no longer subject to Commission review. Further, if the land mobile station is not operating when the TV facility commences operation and it does not commence operation within the time permitted by its authorization in accordance with part 90 of this chapter, it will not be protected.

14. Section 73.699 is amended by revising Figures 10b and 10c to read as follows:

§ 73.699

TV engineering charts.

BILLING CODE 6712-01-P

ER22NO21.000

ER22NO21.001

BILLING CODE 6712-01-C

15. Section 73.1690 is amended by revising paragraphs (b)(8) and (c)(3) and (4) to read as follows:

§ 73.1690

Modification of transmission systems.

(b) * * *

(8) A commercial TV or noncommercial educational TV station operating on Channels 14 or a Class A TV station on Channel 14 may increase its horizontally or vertically polarized ERP only after the grant of a construction permit. A television or Class A television station on Channels 15 through 21 within 341 km of a cochannel land mobile operation, or 225 km of a first-adjacent channel land mobile operation, must also obtain a construction permit before increasing the horizontally or vertically polarized ERP (

see

§ 74.709(a) and (b) of this chapter for tables of urban areas and corresponding reference coordinates of potentially affected land mobile operations).

(c) * * *

(3) A directional TV on Channels 2 through 13 or 22 through 36 or a directional Class A TV on Channels 2 through 13 or 22 through 36, or a directional TV or Class A TV station on Channels 15 through 21 which is in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation (

see

§ 74.709(a) and (b) of this chapter for tables of urban areas and reference coordinates of potentially affected land mobile operations), may replace a directional TV or Class A TV antenna by a license modification application, if the proposed horizontal theoretical directional antenna pattern does not exceed the licensed horizontal directional antenna pattern at any azimuth and where no change in effective radiated power will result. The modification of license application on Form 302-TV or Form 302-CA must contain all of the data set forth in § 73.685(f) or § 73.6025(a), as applicable.

(4) Commercial and noncommercial educational FM stations operating on Channels 221 through 300 (except Class D), Class A TV stations operating on Channels 2 through 13 and 22 through 36, and TV and Class A TV stations operating on Channels 15 through 21 that are in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation (

see

§ 74.709(a) and (b) of this chapter for tables of urban areas and reference coordinates of potentially affected land mobile operations), which operate omnidirectionally, may increase the vertically polarized effective radiated power up to the authorized horizontally polarized effective radiated power in a license modification application. Noncommercial educational FM licensees and permittees on Channels 201 through 220, that do not use separate antennas mounted at different heights for the horizontally polarized ERP and the vertically polarized ERP, and are located in excess of the separations from a Channel 6 television station listed in Table A of § 73.525(a)(1), may also increase the vertical ERP, up to (but not exceeding) the authorized horizontally polarized ERP via a license modification application. Program test operations may commence at full power pursuant to § 73.1620(a)(1).

16. Section 73.3572 is amended by revising paragraphs (a)(1) and (a)(4)(ii) to read as follows:

§ 73.3572

Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications.

(a) * * *

(1) In the first group are applications for new stations or major changes in the facilities of authorized stations. A major change for TV broadcast stations authorized under this part is any change in frequency or community of license which is in accord with a present allotment contained in the Table of Allotments (§ 73.622(j)). Other requests for change in frequency or community of license for TV broadcast stations must first be submitted in the form of a petition for rulemaking to amend the Table of Allotments.

(4) * * *

(ii) Provided further, that a low power TV or TV translator or TV booster station which is causing or receiving interference or is predicted to cause or receive interference to or from an authorized DTV station pursuant to § 74.706 of this chapter, or which is located within the distances specified in paragraph (a)(4)(iv) of this section to the coordinates of co-channel DTV authorizations (or allotment table coordinates if there are no authorized facilities at different coordinates), may at any time file a displacement relief application for a change in output channel, together with any technical modifications which are necessary to avoid interference or continue serving the station's protected service area. Such an application will not be considered as an application for a major change in those facilities. Where such an application is mutually exclusive with applications for new low power TV, TV translator, or TV booster stations, or with other nondisplacement relief applications for facilities modifications of Class A TV, low power TV, TV translator, or TV booster stations, priority will be afforded to the displacement application(s) to the exclusion of other applications.

§ 73.3700

[Amended]

17. Section 73.3700 is amended by removing and reserving paragraph (f).

18. Section 73.6006 is revised to read as follows:

§ 73.6006

Channel assignments.

Class A TV stations will not be authorized on channels unavailable for TV broadcast station use pursuant to § 73.603.

19. Section 73.6010 is amended by removing and reserving paragraph (a) and revising paragraph (c).

The revision reads as follows:

§ 73.6010

Class A TV station protected contour.

(c) A digital Class A TV station will be protected from interference within the following predicted signal contours:

(1) 43 dBu for stations on Channels 2 through 6;

(2) 48 dBu for stations on Channels 7 through 13; and

(3) 51 dBu for stations on Channels 14 through 36.

20. Section 73.7000 is amended by revising the definitions of “Nonreserved (Unreserved) channels” and “Reserved channels” to read as follows:

§ 73.7000

Definition of terms (as used in subpart K only).

Nonreserved (Unreserved) channels.

Channels which are not reserved exclusively for noncommercial educational use, and for which commercial entities could thus be eligible to operate full power stations. Such channels appear without an asterisk designation in the FM Table of Allotments (§ 73.202) and TV Table of Allotments (§ 73.622(j)). In the event of a request to allocate a nonreserved channel as reserved pursuant to § 73.202(a) or § 73.622)(j), the channel remains classified as nonreserved until release of a Commission decision granting such request.

Reserved channels.

Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located (

i.e.,

FM channels 200 to 220) or by a case-by-case Commission allotment decision (channels that appear with an asterisk designation in the FM Table of Allotments (§ 73.202) or TV Table of Allotments (§ 73.622(j)).

PART 74—EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES

21. The authority citation for part 74 continues to read as follows:

Authority:

47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.

22. Section 74.702 is amended by revising paragraph (a)(2), removing paragraph (a)(3), and revising paragraph (b).

The revisions read as follows:

§ 74.702

Channel assignments.

(a) * * *

(2) Any one of the UHF Channels from 14 to 36, inclusive, may be assigned to a UHF low power TV or TV translator station. In accordance with § 73.603(c) of this chapter, Channel 37 will not be assigned to such stations.

(b) Changes in the Table of Allotments (§ 73.622(j) of this chapter), authorizations to construct new DTV stations or to authorizations to change facilities of existing such stations, may be made without regard to existing or proposed low power TV or TV translator stations. Where such a change results in a low power TV or TV translator station causing actual interference to reception of the DTV station, the licensee or permittee of the low power TV or TV translator station shall eliminate the interference or file an application for a change in channel assignment pursuant to § 73.3572 of this chapter.

§ 74.703

[Amended]

23. Section 74.703 is amended by removing and reserving paragraphs (f) and (g).

24. Section 74.707 is amended by revising paragraph (a)(1)(iii) to read as follows:

§ 74.707

Low power TV and TV translator station protection.

(a) * * *

(1) * * *

(iii) 74 dBu for stations on Channels 14 through 69.

(A) Existing licensees and permittees that did not furnish sufficient data required to calculate the above contours by April 15, 1983 are assigned protected contours having the following radii:

(

1

) Up to 0.001 kW VHF/UHF—1 mile (1.6 km) from transmitter site

(

2

) Up to 0.01 kW VHF; up to 0.1 k/W UHF—2 miles (3.2 km) from transmitter site

(

3

) Up to 0.1 kW VHF; up to 1 kW UHF—4 miles (6.4 km) from transmitter site

(B) New applicants must submit the required information; they cannot rely on paragraphs (a)(1)(iii)(A)(

1

) through (

3

) of this section.

25. Section 74.735 is amended by removing and reserving paragraph (a) and by revising paragraph (b) and paragraph (c) introductory text.

The revisions read as follows:

§ 74.735

Power limitations.

(b) The maximum ERP of a digital low power TV, TV translator, or TV booster station (average power) shall not exceed:

(1) 3 kW for VHF channels 2-13; and

(2) 15 kW for UHF channels 14-51.

(c) The limits in paragraph (b) of this section apply separately to the effective radiated powers that may be obtained by the use of horizontally or vertically polarized transmitting antennas, providing the applicable provisions of §§ 74.705, 74.706, 74.707 and 74.709 are met. For either omnidirectional or directional antennas, where the ERP values of the vertically and horizontally polarized components are not of equal strength, the ERP limits shall apply to the polarization with the larger ERP. Applications proposing the use of directional antenna systems must be accompanied by the following:

26. Section 74.786 is amended by revising paragraph (c) and by removing paragraphs (d) through (g).

The revision reads as follows:

§ 74.786

Digital channel assignments.

(c) UHF channels 14 to 36 may be assigned to a UHF digital low power television or television translator station. In accordance with § 73.603(c) of this chapter, Channel 37 will not be assigned to such stations.

§ 74.787

[Amended]

27. Section 74.787 is amended by removing paragraph (c).

28. Section 74.792 is amended by revising paragraph (a)(3) to read as follows:

§ 74.792

Digital low power TV and TV translator station protected contour.

(a) * * *

(3) 51 dBu for stations on Channels 14 through 51.

29. Section 74.795 is amended by revising paragraph (c)(1) to read as follows:

§ 74.795

Digital low power TV and TV translator transmission system facilities.

(c) * * *

(1) The maximum rated power output (digital average power over a 6 MHz channel) shall not exceed 30 watts for transmitters operating on channels 14-51 and 3 watts for transmitters operating on channels 2-13; and

[FR Doc. 2021-24937 Filed 11-19-21; 8:45 am]

BILLING CODE 6712-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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