Establishing Rules for Full Power Television and Class A Television Stations

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 27, 73, and 74

[MB Docket No. 22-227, FCC 22-73; FR ID 109687]

Establishing Rules for Full Power Television and Class A Television Stations

AGENCY:

Federal Communications Commission.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

In this document, the Federal Communications Commission (Commission or FCC) seeks comment on comprehensively deleting, updating, or otherwise revising Commission rules for full power television and Class A television stations that no longer have any practical effect given the completion of the transition from analog to digital-only operations and the post incentive auction transition to a smaller television band with fewer channels. This NPRM also seeks comment on a restructuring of the Commission's full power television rules, which largely consist of the technical licensing, operating, and interference rules for full power television.

DATES:

Comment date:

April 10, 2023.

Reply comment date:

April 25, 2023.

ADDRESSES:

You may submit comments, identified by MB Docket No. 22-227, FCC 22-73, by any of the following methods:

Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/.

Follow the instructions for submitting comments.

Mail:

Office of the Secretary, Federal Communications Commission, 45 L Street NE, Washington, DC 20554.

People with Disabilities:

Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email:

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.

FOR FURTHER INFORMATION CONTACT:

Joyce Bernstein, Media Bureau, at

Joyce.Bernstein@fcc.gov

, Emily Harrison, Media Bureau, at

Emily.Harrison@fcc.gov

, or Mark Colombo, Media Bureau, at

Mark.Colombo@fcc.gov.

SUPPLEMENTARY INFORMATION:

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 the Commission's Electronic Comment Filing System (ECFS).

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:

https://apps.fcc.gov/ecfs/.

•

Paper Filers:

Parties who choose to file by paper must file an original and one copy of each filing.

• Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.

• Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19.

See

FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).

https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.

People with Disabilities:

To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to

fcc504@fcc.gov

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

Paperwork Reduction Act of 1995 Analysis:

This document proposes new or modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens and pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13, invites the general public and the Office of Management and Budget (OMB) to comment on these information collection requirements. 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.

Synopsis

Incorporation by Reference

The Commission's proposals are limited to the incorporation by reference of standards that are associated with full power and Class A television services. Incorporation by reference is the process that Federal agencies use when referring to materials published elsewhere to give those materials the same force and effect of law in the Code of Federal Regulations as if the materials' text had actually been published in the

Federal Register

. 5 U.S.C. 552(a)(1) and Office of the Federal Register, IBR Handbook 1 (July 2018),

available at https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf.

By using incorporation by reference, the Commission gives effect to technical instructions, testing methodologies, and other process documents that are developed and owned by standards development organizations. Referencing these documents in the Commission's rules substantially reduces the volume of material that would otherwise be published in the

Federal Register

and the Code of Federal Regulations. It also permits the Commission to more efficiently implement future standards updates. Once the Commission completes any necessary notice-and-comment rulemaking proceedings and applies agency expertise to ensure that any standards adopted are sound and appropriate, the Commission need only update the references to the standards in its rules.

The following standards have previously been approved for IBR as specified in 47 CFR 73.8000: (i) ATSC A/52; (ii) ATSC A/53; Parts 1-4 and 6: 2007; (iii) ATSC A/53 Part 5: 2010; (iv) ATSC A/65C; (v) ATSC A/85:2013; (vi) ATSC A/321:2016; (vii) ATSC A/322:2017; and (viii) OET Bulletin No. 69: “Longley-Rice Methodology for Evaluating TV Coverage and Interference” (February 6, 2004); IBR approved for 47 CFR 73.616.

Background

The Commission proposes to adopt revisions to rules in part 0, part 27, subparts E, H, I, J, and L of part 73, and certain parts of parts 74 and 90 in light of the fact that all television services have ceased analog operations. Given the conversion from analog to digital television technology, we propose to eliminate entire rules and portions of rules that provide for analog-to-analog

and analog-to-digital interference protection requirements and other analog operating requirements. We similarly propose to amend section headings and language in rules to remove references to DTV, digital, and analog television service, as these distinctions are no longer necessary. We also propose to delete outdated rules that are no longer valid given changes in Commission-adopted policy, such as the elimination of the comparative hearing process to award and renew broadcast licenses. We also propose to adopt other non-substantive, technical revisions as set forth in Appendix A and further described below, for example, to update previously-adopted station license periods and to delete obsolete rules governing the post-incentive auction transition period. We also propose to update our rules to reference the current designation for form numbers (

e.g.,

FCC Form 2100) and by requiring electronic filing in the Commission's Licensing and Management System (LMS). We also propose to make corrections or updates,

inter alia,

to section headings, spelling, contact information, and rule cross-references, or to language inadvertently omitted from a rule.

Deletion of Obsolete Rules and Language Recognizing the Full Power and Class A Digital Transition

Full power television stations were required to terminate all analog operations no later than June 12, 2009 and Class A stations September 1, 2015. Accordingly, we propose to eliminate entire rules, and portions of rules, that provide for analog-to-analog and analog-to-digital interference protection requirements and other analog operating requirements from subpart E (Television Broadcast Stations), subpart H (Rules Applicable to All Broadcast Stations), subpart I (Procedures for Competitive Bidding and for Applications for Noncommercial Educational Broadcast Stations on Non-Reserved Channels), and subpart J (Class A Televisions Broadcast Stations). The rules we propose to amend are related to analog operations (

i.e.,

rules that reference “NTSC,” “analog” (

see

47 CFR 73.622(d)(1) (Digital television table of allotments) (removing text of this rule that refers to analog stations); 73.623(d) (removing analog technical references and reformatting remaining digital technical references into (d)(2)(i)-(iv) and (h) (DTV applications and changes to DTV allotments); 73.624(b) and (c)(3) (Digital television broadcast stations) (removing text of this rule that refers to analog stations); 73.683(d) (Field strength contours and presumptive determination of field strength at individual locations) (removing text of this rule that refers to analog stations); and 73.686(d) (Field strength measurements) (removing text of this rule that refers to analog stations). In addition, regarding § 73.5000(a) (Services subject to competitive bidding), we propose to delete the word “analog” where it is appears in the rule because there is no need to differentiate between analog and digital television services.), Grade A, Grade B, city grade contours, or F(50,50) curves (

see

47 CFR 73.683(a)-(b) (Field strength contours and presumptive determination of field strength at individual locations); 73.1675(a)(1)(iii) (Auxiliary antennas) (delete analog contour and replace with digital noise limited contour); 73.5007(b)(2)(iii) and (b)(3)(iv) (Designated entity provisions); 73.6000 (Definitions); and 73.6010(b) (Class A TV station protected contour). The one exception is 47 CFR 73.626(f)(2)(i) (DTV distributed transmission systems), which states that the F(50,50) service contour of a DTS transmitter shall not extend beyond that of its reference facility, which will be retained. We separately propose to add text in 47 CFR 73.683(a) (Field strength contours and presumptive determination of field strength at individual locations) to provide guidance for those reviewing the cross-reference to this section found in 47 CFR 90.307(b) (Protection criteria)), with the corresponding digital contours defined in §§ 73.625(a), 73.622(e), 73.6010, and/or 74.792. As part of our reorganization of subpart E, we note that we propose to relocate 47 CFR 73.625(a) (Transmitter location) and 73.622(e) (DTV Service Areas) to new 47 CFR 73.618 and 73.619(c), respectively. We are not proposing to move § 73.6010 or § 74.792 as part of the reorganization. We note that NTSC is an abbreviation for the National Television Standards Committee, an association of engineers and scientists interested in the development of television in the analog era, many of which were employees of companies engaged in the manufacturing of television equipment, that developed the black and white and subsequently color television systems used in the United States.

See generally Amendment of the Commission's Rules Governing Color Television Transmissions,

Docket No. 10637, Report and Order, 41 F.C.C. 658 (1953). We also propose to amend rules that reference peak power, visual or aural carriers, or carrier frequencies because these are technical engineering terms related to analog television and the rules are related to analog television operations (

see

47 CFR 73.653 (Operation of TV aural and visual transmitters); 73.664(a)-(c) (Determining operating power); 73.665 (Use of TV aural baseband subcarriers); 73.667 (TV subsidiary communications services); 73.669 (TV stereophonic aural and multiplex subcarrier operation); 73.681 (Definitions) (we propose to delete the following definitions relating to analog operations: “Aural center frequency;” “Aural transmitter;” “Baseband;” “Frequency departure;” “Frequency deviation;” “Frequency swing;” “Main channel;” “Multiplex Transmission (Aural);” “Peak power;” “Visual transmitter power”); 73.682(c) (TV transmission standards); 73.687(a), (b), (c) introductory text, (c)(1), and (e)(2) (Transmission system requirements); 73.688(a) (Indicating instruments); 73.691 (Visual modulation monitoring); 73.699 (TV engineering charts) Figure12 (Figure 12 is referenced only by 73.687(b), which we propose to delete); 73.1350(f)(3) (Transmission system operation); 73.1540(a) (Carrier frequency measurements); 73.1545(c), (e), and Note to (e) (Carrier frequency departure tolerances); 73.1560 (c)(1)-(2) (Operating power and mode tolerances); 73.1570 (updating section heading) and (b)(3) (Modulation levels: AM, FM, TV and Class A TV aural); 73.1635(a)(5) (Special temporary authorizations (STA)); and 73.6024(c) (Transmission standards and system requirements). We note that 47 CFR 73.653 was raised in the “FM6” proceeding (

In the Matter of Amendments of Parts 73 and 74 of the Commission's Rules for Digital Low Power Television and Television Translator Stations,

MB Docket No. 03-185, Fifth Notice of Proposed Rulemaking (rel. June 7, 2022), 87 FR 36440 (rel. June 17, 2022), and should dependence on this rule be required in that proceeding, we would intend to add a separate rule specific to FM6 stations rather than retain this generally-applicable but clearly outdated rule)) and digital TV signals do not have specific visual or aural carriers.

See generally

47 CFR 73.682(d) (Digital broadcast television transmission standard);

see also

47 CFR 73.8000 (Incorporation by reference) (each of the several standards listed in the rule relate to DTV). We similarly propose to amend rules and figures which reference the vertical blanking interval, stereophonic sound transmission, modulation, subcarriers of any kind, components of the picture such as chrominance or color, or the sound or picture itself beyond the lines of resolution. These references are technical engineering terms related to analog television

operations since they are related to the picture derived from an analog visual carrier or the sound derived from an analog aural carrier.

See

47 CFR 73.621(g) (Noncommercial educational TV stations—referencing Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal); 73.646 (Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal); 73.681 (Definitions) (proposing to delete definitions and the Note for “Amplitude modulation (AM);” “BTSC;” “Blanking level;” “Chrominance;” “Chrominance subcarrier;” “Color transmission;” “Field;” “Frame;” “Frequency modulation (FM);” “IRE standard scale;” “Luminance;” “Monochrome transmission;” “Multichannel Television Sound (MTS);” “Negative transmission;” “Percentage modulation;” “Pilot subcarrier;” “Program related data signal;” “Reference black level;” “Reference white level of the luminance signal;” “Scanning;” “Scanning line;” “Visual carrier frequency;” “Visual transmitter”); 73.699 (TV engineering charts) (Figures 5, 5(a), 6, 7, 8, 13, 14, 15, 16, and 17); 73.1207(b)(2) (Rebroadcasts—referencing multiplex subcarrier or telecommunications service on the vertical blanking interval); and 73.1590(a)(5) (“TV stereophonic or subcarrier transmission equipment”), (c)(1), and (c)(3) (Equipment performance measurements). Section 73.699, Figure 11 (Assumed Ideal Detector Output) is no longer referenced anywhere else in the rules, and appears to have been inadvertently overlooked during a 1984 rule modification which deleted the sole reference to it from § 73.687(a) (

see

49 FR 48305, 48312 (Dec. 12, 1984)), and we thus propose to delete it. While 47 CFR 73.621(h) (Noncommercial educational TV stations), which refers to the transmission of non-program related data service on “Line 21,” does not specifically use the term “visual blanking interval,” “Line 21” refers to part of the vertical blanking interval, and thus we propose to delete it. To the extent such analog rules are superseded by related requirements for digital operations, the digital rules are found in the digital broadcast television standard documents incorporated by reference in § 73.682(d). In addition, a number of rules we propose to amend have a digital equivalent elsewhere in the rules.

See

§ 73.613 (Protection of Class A TV stations) relates to analog because Class A protections for digital stations are in § 73.616(e), which we are proposing to move to § 73.620(d). Sections 73.682(a)(2)-(13) and (15)-(24) (TV transmission standards) are replaced by § 73.682(d). Section 73.684 (Prediction of coverage) is in § 73.625 (DTV coverage of principal community and antenna system), some of which we are proposing to move into other rule parts in the proposed reorganization of our rules; reference in § 73.681 updated accordingly. The digital equivalent of § 73.685(a)-(c) (Transmitter location and antenna system) is found in § 73.625(a)(1)-(3). The digital equivalent of § 73.685(f) (Transmitter location and antenna system) is contained in 73.625(c)(3), which applies also to §§ 73.1690(b)(3) and (c)(3) (Modification of transmission systems). The digital equivalent of § 73.687(e)(1) (Transmission system requirements) is replaced by § 73.622(h), which we are proposing to move to § 73.611. The digital equivalent of § 73.698 (Tables) is replaced by § 73.623(d)(2), which we are proposing to move to § 73.622(k). Section 73.3550(b) (Requests for new or modified call sign assignments) has a reference to § 74.783(d), but § 74.791(a) is the equivalent digital rule. Accordingly, we are proposing to replace the reference to 74.783(d) with 74.791(a). The digital equivalent of § 73.3572(a)(4) (Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications) is replaced by § 74.787(a)(4). The digital equivalent of § 73.6012 (Protection of Class A TV, low power TV and TV translator stations) is found in §§ 73.6017 and 73.6019. The digital equivalent of § 73.6013 (Protection of DTV stations) is found in § 73.6018 (Digital Class A TV station protection of DTV stations). The digital equivalent of § 73.6014 (Protection of digital Class A TV stations) is found in § 73.6017. For all of these cases, we propose to either modify the analog reference to specify a digital equivalent, or delete the analog-related rule entirely. We seek comment on these proposals.

We also propose to amend rule section headings and rules in subpart E, subpart H, and subpart J, to remove references to DTV and digital television service since all television services have transitioned from analog to digital operations and thus, there is no further need to differentiate between two separate kinds of service. For subpart E, see 47 CFR 73.616(a)-(e) and (g) (Post-transition DTV station interference protection); 73.621(j) (Noncommercial educational TV stations); 73.622(a) introductory text and (a)(2) (also delete reference to out-of-core-channels), (c)(1), (e)(1), (f)(6), (f)(7), (f)(8) (also delete references to out-of-core channels) (Digital television table of allotments); 73.623 (updating section heading), (a)-(f) and (h); (DTV applications and changes to DTV allotments); 73.624 (updating section heading), (a)-(c) and (g) (Digital television broadcast stations); 73.625 (updating section heading), (a)(1), (b)(1), (b)(3), (c)(4)(i)-(ii) (DTV coverage of principle community and antenna system); 73.626 (updating section heading), (a), (c)(1), (e), (f)(2), (f)(6) (DTV distributed transmission systems); 73.686(e) (Field strength measurements). For subpart H, see 47 CFR 73.1201(b)(1) (Station identification). And for subpart J, see 47 CFR 73.6010(c) and (d) (Class A TV station protection contour); 73.6017 (Digital Class A TV station protection of Class A TV and digital Class A TV stations); 73.6018 (Digital Class A TV station protection of DTV stations); 73.6019 (Digital Class A TV protection of low power TV, TV translator, digital low power TV and digital TV translator stations); 73.6022(a) (Negotiated interference and relocations agreements); 73.6020 (Protection of stations in the land mobile radio service); 73.6023 (Distributed transmission systems); and 73.6024(d) (Transmission standards and system requirements). We also propose to amend § 73.6024(d) (Transmission standards and system requirements) to require stations in the Mexican border zone to specify a full-service emission mask in any modification applications requiring coordination. We also propose to eliminate provisions of rules and amend section headings and language that are obsolete due to the conversion from analog to digital television technology, including references to the analog television booster service in subpart E and subpart H, since these services were not carried over into digital operations.

See Part 74 Order

at para. 6 and n.24. For subpart E, see 47 CFR 73.622(d)(1)-(2), Note to (e)(2), (e)(3), (f)(5), (f)(6), (f)(7), and (f)(8) (Digital television table of allotments); 73.623(a)-(b), (c)(2), (c)(3), (c)(5), (d), and (h) (DTV applications and changes to DTV allotments); 73.624(a), (b)(1)-(2), (d)-(f) (refer to pre-DTV transition procedures) (Digital television broadcast stations); and 73.626(c)(2) (DTV distributed transmission systems). Section 73.622(c)(2) states that an application may be filed for a channel or community not specified in the DTV Table of Allotments (formerly § 73.622(b)) if it is consistent with the rules and policies established in

Service Rules for the 746-764 and 776-794 MHz

Bands, and Revisions to Part 27 of the Commission's Rules,

WT Docket No. 99-168, Third Report and Order, 16 FCC Rcd 2703, 2717-18, paras. 34-36 (2001) (stating that the Commission would allow stations on channels 59 through 69 to enter into voluntary agreements to temporarily relocate to channels 52 through 58). Because § 73.622(b) has been deleted and channels 52 through 58 reallocated for non-broadcast use, we propose to delete this section of the rule. Similarly, we propose to delete the last five sentences of § 73.622(c)(1), which discuss procedures for filing applications for channel changes made in the deleted paragraph (b), DTV Table of Allotments, citing the

MO&O on Reconsideration of the Sixth R&O,

13 FCC Rcd 7418, (1998), and analog channel swaps. For subpart H, see 47 CFR 73.1001(c) (Scope); 73.3521 (Mutually exclusive applications for low power television, television translators and television booster stations); 73.3525 (Note) (Agreements for removing application conflicts); 73.3533(a)(5) (Application for construction permit or modification of construction permit); 73.3584(a), (c) (Procedure for filing petitions to deny); 73.3572 (section heading, (a)(2), (c) and (f)-(g)) (Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications); and 73.3598(a) introductory text (Period of construction). We propose to amend § 73.6026 (Broadcast regulations applicable to Class A television stations) to remove references to analog-only rules applicable to Class A television stations, consistent with proposals above.

See

47 CFR 73.6026 (delete reference to § 73.635 (Use of common antenna site); 73.646 (Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal); 73.653 (Operation of TV aural and visual transmitters); 73.665 (Use of TV aural baseband subcarriers); 73.667 (TV subsidiary communications services); 73.669 (TV stereophonic aural and multiplex subcarrier operation); and 73.691 (Visual modulation monitoring). As discussed

infra,

we propose to delete the rules related to the Subscription Television Service as unnecessary and no longer in use, and amend 47 CFR 73.664 (Determining operating power), to remove references to measurement techniques we believe no longer have any use in the processing of applications to determine interference to other stations or previously filed applications. We seek comment on these proposals.

We also propose to remove from certain part 74 rules inadvertent references to DTV and digital television service, overlooked in the

Part 74 Order,

since, with rare exception, all part 74 television services have transitioned from analog to digital operations and thus, there is no further need to differentiate between two separate kinds of service.

See

47 CFR 74.792(b) (Low power TV and TV translator station protected contour); 74.793(e), (g)-(h) (Low power TV and TV translator station protection of broadcast stations); and 74.794 (section heading, paragraph (b) introductory text, (b)(1), and (b)(2) (Digital emissions). We also propose to delete the second sentence in 47 CFR 74.793(b) (Low power TV and TV translator station protection of broadcast stations), given the fact that we propose to delete the analog threshold interference levels in 47 CFR 73.623(c)(2) (DTV applications and changes to DTV allotments) and therefore there is no need to distinguish digital operations. We note that a small number of TV translator stations licensed to the State of Alaska (the Alaska translator stations) remain operating in analog pursuant to a Commission waiver of the analog termination date.

See State of Alaska—Request for Waiver of Section 74.731(m) of the Commission's Rules,

36 FCC Rcd 10765 (2021);

see also

Letter to State of Alaska from Barbara A. Kreisman, Chief, Video Division (Jan. 26, 2022), a copy of which is available at LMS File Nos. 0000179529, 0000179531, 0000179528, 0000179535, 0000179536, 0000179527, 0000179526, 0000179534, and 0000179533;

see also

Letter to State of Alaska from Barbara A. Kreisman, Chief, Video Division (July 15, 2022), a copy of which is available at LMS File Nos. 0000194718, 0000194713, 0000194714, 0000194717, 0000194716, 0000194712, and 0000194715 (extending the tolling through October 3, 2022). We understand the licensee of these translator stations is actively transitioning and anticipates terminating analog service in the near future. In the event any of the Alaska translator stations have not completed their digital transition by the effective date of these rule changes discussed herein, we direct the Media Bureau to follow appropriate procedures to impose any necessary conditions on the station's authorization to continue analog operations.

We also propose to remove references to an element of the Table of Allotments that has been previously updated. Applicants for full power digital broadcast stations may only apply to construct on channels designated in a codified Table of Allotments and only in the communities listed therein.

See

47 CFR 73.622(c)(1). To accommodate the analog to digital television transition, the Commission adopted § 73.622(b) (DTV Table of Allotments) in 1997 to allot a paired DTV channel to each analog television licensee and permittee.

See

47 CFR 73.622(b) (2018) (DTV Table of Allotments);

Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service,

MM Docket No. 87-268, Sixth Report and Order, 12 FCC Rcd 14588 (1997) (

Sixth Report and Order

), Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998) (

MO&O on Reconsideration of the Sixth R&O

). The Commission later deleted § 73.622(b), as well as the analog TV Table of Allotments previously found in § 73.606, when it adopted § 73.622(i) (Post-Transition Table of Allotment).

See

47 CFR 73.622(i);

Amendment of Parts 27, 54, 73, 74, and 76 of the Commission's Rules to Delete Rules Made Obsolete by the Digital Television Transition,

MB Docket No. 17-105, Order, 33 FCC Rcd 863 (2018). The rules, however, continue to refer to “Appendix B,” which specified the service area that must be protected for each channel allotted in § 73.622(b) during most of the transition period, and set forth the maximum effective radiated power (ERP) and antenna height above average terrain (HAAT) for each allotment in the “initial” DTV table,

i.e.,

§ 73.622(b). We therefore propose to remove references to “Appendix B” in our rules. Appendix B, and a description of its use and contents, is in the

Sixth Report and Order,

12 FCC Rcd at 14693-754. Corrections were made to Table 2 of Appendix B in the

MO&O on Reconsideration.

We note that § 73.622(f)(3)(i) and (ii) both refer to policies specific to Appendix B, and thus propose to delete them. We seek comment on these proposals.

We propose to amend § 73.612 to remove references to distance separations, which outside of new allotment proceedings are not used in digital TV.

See

47 CFR 73.612(a)-(b) and Note (Protection from interference). This rule is obsolete, as TV stations are now protected using OET Bulletin No. 69.

See

47 CFR 73.616(d) (Post-transition DTV station interference protection). We propose to delete § 73.615 because the Commission staff's current practice provides additional precision beyond what the text of the current rule requires since the staff now issues authorizations

based on the more precise kW value as opposed to dBk and does not round HAAT values as described in this rule.

See

47 CFR 73.615 (Administrative changes in authorizations). For example, a station authorized at 30 dBk (decibels above 1 kW) would operate at 1000 kW, while a station at 29.9 dBk consistent with the current rule would operate at approximately 977 kW. The Media Bureau (Bureau), however, authorizes stations today based on kW, allowing a station to be authorized at an intermediate value such as 990 kW. The Bureau's current practice therefore provides more precision. For the same reason, we propose to remove the dBk reference in § 73.614(a) (Power and antenna height requirements). We propose to delete § 73.622(g)(2), which pertains to protection of analog TV signals by an upper-adjacent digital signal.

See Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service,

MM Docket No. 87-268, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418, 7467, para. 120 (1998). We propose to delete § 73.1620(f) (Program tests) since it refers to a policy of allowing 1000 watt UHF translators on vacant allotments, a policy which was ended prior to 1984 (

see Low Power Television and Television Translator Service,

MM Docket No. 83-1350, Report and Order, 102 F.C.C.2d 295, 311 (1984) (indicating that § 73.3516(c) should have been modified at the time when LPTV rules were adopted, which is the rule part that 73.1620(f) refers to), and to delete from § 73.6024(b) (Transmission standards and system requirements) a reference to § 74.736, as that section was recently eliminated by the Commission in the

Part 74 Order. See Part 74 Order.

We also propose to delete §§ 73.685(g) (Transmitter location and antenna system) and 73.6025(b) (Antenna system and station location) because these rules were adopted many decades ago for the analog era and are not relevant to or used in the digital environment.

See

28 FR 13572, 13678-79 (rel. Dec. 14, 1963) (§ 73.685 (1963)). We seek comment on these proposals.

Updates and Corrections to the Full Power and Class A Rules

We also propose to make other updates and corrections to the full power and Class A rules. We propose to update the reference to the 2000 census population data found in § 73.616(d)(1) to reflect a reference to the most recent official decennial U.S. Census population data, which conforms paragraph (d)(1) to the language in § 73.616(e)(1).

See

47 CFR 73.616(d)(1) (Post-transition DTV station interference protection). This language was inadvertently not included in paragraph (d)(1).

See Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard,

GN Docket No. 16-142, Notice of Proposed Rulemaking, 32 FCC Rcd 1670, 1696-97, para. 59 (2017) (in proposing to adopt § 73.616(e)(1), the Commission stated that “[w]e propose to update the Commission's rules regarding acceptable levels for interference resulting from a broadcaster's application for new or modified facilities”);

Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard,

GN Docket No. 16-142, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 9930, 9986-88, para. 114 (2017) (in adopting the rule, the Commission stated that “[a]fter the repacking process is complete, any broadcast television service or interference calculations will be based on the 2010 U.S. Census statistics, until after 2020, when the next U.S. Census statistics are scheduled to become available and the Media Bureau subsequently announces the date of application of such data”). We also propose to make a similar revision in 47 CFR 73.686(c)(1)(i) to conform the rule to 47 CFR 73.616. As part of our reorganization, we propose to relocate § 73.616(d) (Post-transition DTV station interference protection) into a new § 73.620. We propose to amend references to the “Table of Allotments” in § 73.622(j) to the “Table of TV Allotments” in all places where it is referenced in subpart E (

see

47 CFR 73.622 (section heading and (a)) (Digital television table of allotments); 73.623(d), (f), and (h) (DTV applications and changes to DTV allotments)) and in subpart H, for continuity.

See

47 CFR 73.1015 (Truthful written statements and responses to Commission inquiries and correspondence). We also propose to update the reference to FM Table of Allotments to “Table of FM Allotments” in 47 CFR 73.1015 to reflect the name of the table in 47 CFR 73.202(b). We propose to amend § 73.622(j) to reflect a channel substitution previously adopted upon notice and comment rulemaking that was adopted shortly before the current version of the Table of TV Allotments was adopted. On June 12, 2021, the Media Bureau issued a Notice of Proposed Rulemaking in response to a petition filed by KTUL Licensee, LLC, the licensee of KTUL, Tulsa, Oklahoma, requesting the substitution of channel 14 for channel 10 at Tulsa in § 73.622(i), the DTV Table of Allotments.

Amendment of Section 73.622(i), Post-Transition Table of DTV Allotments, Television Broadcast Stations (Tulsa, Oklahoma),

MB Docket No. 21-9, Notice of Proposed Rulemaking, 36 FCC Rcd 157 (Vid. Div. 2021) (

Tulsa NPRM

). In the

Tulsa NPRM,

the Bureau noted that the Commission had completed the incentive auction and broadcast television spectrum repacking authorized by the Spectrum Act and that the Bureau would amend the rules to reflect all new full power channel assignments in a revised Table of Allotments. Because the Table had not yet been amended, however, the Bureau continued to refer to § 73.622(i) for the purpose of the Tulsa proceeding.

Id.

at 157, n.1. The Bureau adopted a Report and Order amending § 73.622(i) to substitute channel 14 at Tulsa,

Amendment of Section 73.622(i), Post-Transition Table of DTV Allotments, Television Broadcast Stations (Tulsa, Oklahoma),

MB Docket No. 21-9, Report and Order, DA 21-1161 (rel. Sept. 16, 2021), and shortly thereafter the Commission adopted the Table of TV Allotments, which superseded § 73.622(i).

October 2021 Order

at para. 8. The amendment to § 73.622(j) reflects this channel substitution. We propose to amend certain rules in subpart E to add common abbreviations used elsewhere in the Commission's rules and forms.

See, e.g.,

47 CFR 73.614(a) (adding abbreviations for “ERP” and “HAAT”) (Power and antenna height requirements); and 73.625(a)(1) (adding abbreviations for “ERP” and “HAAT”) (DTV coverage of principal community and antenna system). We propose to amend certain rules in subpart H and subpart I to provide full power and Class A licensees and permittees with accurate information about current Commission forms and filing procedures, including the removal of obsolete forms.

See

47 CFR 73.1250(e) (Broadcasting emergency information); 73.1350(h) (Transmission system operation); 73.1560(a)(1) and (d) (Operating power and mode tolerances); 73.1615(c) (Operation during modification of facilities); 73.1620(a)(1)-(3) (Program tests); 73.1635(a)(2)-(3) (Special temporary authorizations (STA)); 73.1675(b) (Auxiliary antennas); 73.1690(b) and (c)(3) (Modification of transmission systems); 73.1740(a)(4) (Minimum operating schedule); 73.1750 (Discontinuance of operation); 73.2080(c)(6) and (f) (deleting the references to obsolete Form 397 and updated the names of forms) (Equal employment opportunities (EEO)); 73.3500 (Application and report forms); 73.3533(a)(1) and (a)(4)-(a)(7)

(Application for construction permit or modification of construction permit); 73.3536(b)-(c) (Application for license to cover construction permit); 73.3540(c)-(f) (Application for voluntary assignment or transfer of control); 73.3541(b) (Application for involuntary assignment of license or transfer of control); 73.3544(b)-(c) (Application to obtain a modified station license); 73.3578(b) (Amendments to applications for renewal, assignment or transfer of control); 73.3587 (Procedure for filing informal objections); 73.3549 (Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders); 73.3550(a) and (j) (also adding “-DT” suffix in (a), (f), (k), and (m) (Requests for new or modified call sign assignments). The Commission has acknowledged the use of the “-DT” suffix in prior rulemakings. In 2004, the Commission permitted stations simulcasting their analog programming on their digital channel to make station identification announcements simultaneously for both stations as long as the identification included both call signs “(

e.g.,

“WXXX-TV and WXXX-DT”).”

See Second Periodic Review of the Commission's Rules and Polices Affecting the Conversion to Digital Television,

MB Docket No. 03-15, Report and Order, 19 FCC Rcd 18279, 18355, para. 173 (2004) (subsequent citations omitted) (

Second Periodic Review

);

see also Digital Transition Call Sign Procedures,

Public Notice, 24 FCC Rcd 7617 (MB 2009). We also propose to update 47 CFR 73.3598(c) (Period of construction); 73.5005(a) (Filing of long-form applications); and 73.5006(b) (Filing of petitions to deny against long-form applications). We note that the numbering of our forms has changed with the transition of the Commission's broadcast licensing database from the Consolidated Database System (CDBS) to the Licensing and Management System (LMS).

We propose to update § 73.1030 to reflect updated contact information for the National Radio Astronomy Observatory site and the Radio Frequency Management Coordinator.

See

47 CFR 73.1030(a)(1) and (b)(2) (Notifications concerning interference to radio astronomy, research and receiving installations). We propose to delete § 73.682(a)(1) as duplicative of § 73.624(a) and thus, unnecessary.

See

47 CFR 73.682(a)(1) (TV transmission standards) and 47 CFR 73.624(a) (Digital television broadcast stations) (both noting the width of a television channel is 6 MHz). We seek comment on these proposals.

We also propose to make amendments to correct typographical errors in words and cross-references that contain incorrect rule citations. 47 CFR 73.616(e)(1) (Post-transition DTV station interference protection); 73.622(c)(1) (Digital television table of allotments); 73.623(c)(5)(iii), (d)(1), (d)(4) (DTV applications and changes to DTV allotments); 73.624(g) (Digital television broadcast stations); 73.625(c)(5) (cites to 73.622(f)(4) which is irrelevant to electrical beam tilt) (DTV coverage of principal community and antenna system); 73.626(c)(2) (DTV distributed transmission systems); 73.681 (definition for “Antenna height above average terrain” corrected to update rule cross-reference) (Definitions); 73.682(d) (TV transmission standards); 73.683(c)(3) (Field strength contours and presumptive determination of field strength at individual locations); 73.1217 (Broadcast hoaxes); 73.1250 (Broadcasting emergency information); 73.1615(b)(3) (Operation during modification of facilities); 73.1690(b)(3) and (c)(3) (Modification of transmission systems); 73.3550(b) and (i) (Requests for new or modified call sign assignments); 73.5007(b)(3)(v) (Designated entity provisions); 73.3578(b) (Amendments to applications for renewal, assignment or transfer of control); 73.6018 (Digital Class A TV station protection of DTV stations); 74.793(g) (Low power TV and TV translator station protection of broadcast stations); and 73.4060(a) (Citizens agreements). We propose to delete repetitive language within a rule.

See

47 CFR 73.623(e) (DTV applications and changes to DTV allotments). We also propose to revise § 73.682(d) to break the existing paragraph into paragraphs, without altering its content, in order to make the paragraph more accessible to licensees and the public.

See

proposed 47 CFR 73.682(d)(1)-(4) (TV transmission standards). We also propose to remove citations to sections of the Communications Act in proposed § 73.682(d)(3)(ii) relating to the organization and functions of the Commission that we believe were inadvertently included in the rule, as well as the physical address of ATSC in favor of solely providing an updated web address (

https://www.atsc.org/documents/atsc-1-0-standards/).

We also propose to update the physical address of ATSC in 47 CFR 73.8000 (Incorporation by reference). In addition, we propose to eliminate notes to rules and shift the language into the text of the relevant rule to conform to the publishing conventions of the Administrative Committee of the

Federal Register

.

See

47 CFR 73.682 (TV transmission standards); 73.1216 (Licensee-conducted contests); 73.1217 (Broadcast hoaxes); and 73.3525 (Agreements for removing application conflicts). We seek comment on these proposals.

We propose to delete § 73.685(e) (Transmitter location and antenna system) because it is redundant with § 73.625(c)(2) (antenna system), and contains certain requirements regarding directional antennas which are no longer in use. We propose to delete § 73.622(f)(2) as obsolete, since all applications are now evaluated for interference using OET Bulletin No. 69.

See

47 CFR 73.622(f)(2) (Digital television table of allotments).

See also

47 CFR 73.616(d) (Post-transition DTV station interference protection), which requires applications to pass an analysis with OET Bulletin No. 69. We also propose to delete § 73.6027 as duplicative and unnecessary. That rule provides that Class A television station must comply with § 73.1030 of the rules.

See

47 CFR 73.6027 (Class A TV notifications concerning interference to radio astronomy, research and receiving installations). Section 73.1030, however, is already applicable to Class A stations.

See

47 CFR 73.1030 (Notifications concerning interference to radio astronomy, research and receiving installations). Class A licensees are required to comply with all part 73 regulations except for those that cannot apply for technical or other reasons.

Establishment of a Class A Television Service,

MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6365, para. 23 (2000) (

Class A Report and Order).

We also propose to place a reference to § 73.1030 in § 73.6026 (Broadcast regulations applicable to Class A television stations), which lists rules that apply to Class A by reference. We similarly propose to delete the last sentence of 73.6020 (Protection of stations in the land mobile radio service) with respect to land mobile radio service (LMRS) operations on channel 16 in New York, as it is duplicative of the reference to § 74.709 in the first sentence of 73.6020, since § 74.709 requires protection of channel 16 in New York. We also propose to streamline § 73.6000 by amending the rule, after deleting the analog content, to simplify and shorten the language without further altering the meaning or content.

See

47 CFR 73.6000 (Definitions—because we propose to delete paragraph (1)

supra,

we propose to delete the number (2), but retain the

text). We seek comment on these proposals.

We also seek to add an explanatory note to § 73.623 to reference and explain the existence of a granted waiver with respect to the community of Los Angeles, California.

See

47 CFR 73.623 (DTV applications and changes to DTV allotments). A similar explanatory note was added to § 74.709 in the Commission's

Part 74 Order

at para. 8. Section 73.623 requires television stations to protect certain channels for use by LMRS in thirteen U.S. cities listed in the rule. In 2008, the Commission's Public Safety and Homeland Security Bureau (PSHSB) granted a waiver pursuant to § 337(c) of the Communications Act, as amended, allowing the County of Los Angeles to use channel 15 in Los Angeles for public safety communications.

See Request for Waiver of the Commission's Rules to Authorize Public Safety Communications in the 476-482 MHz Band (County of Los Angeles, California),

Order, 23 FCC Rcd 18389 (PSHSB 2008). Because this channel is adjacent to two channels contained in § 73.623, we believe the public interest is served by including a note explaining the existence of the 2008 waiver. We seek comment on these proposals.

Post-Incentive Auction Licensing and Operation (§ 73.3700)

Section 73.3700(a)(2) includes licensing and procedural rules for television stations during the post-incentive auction transition. The incentive auction closed on April 13, 2017 (

Incentive Auction Closing and Channel Reassignment Public Notice: The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced,

GN Docket No. 12-268, Public Notice, 32 FCC Rcd 2786 (WTB/MB 2017) (

Channel Reassignment Public Notice

), and thus, we propose to amend § 73.3700(a)(2) to add the citation to the

Channel Reassignment Public Notice

that was released by the Commission's Media and Wireless Telecommunications Bureaus and Incentive Auction Task Force announcing the completion of the auction and deadlines for stations assigned new channels through the repacking process to terminate operations on pre-auction channels.

See

47 CFR 73.3700(a) (Definitions), and (a)(2) (Channel reassignment public notice). We also propose to delete as obsolete certain definitions that relate to the bid options that were available to full power and Class A television broadcasters eligible to participate in the incentive auction that closed on April 13, 2017.

See

47 CFR 73.3700(a) (Definitions), (6) (High-VHF-to-Low-VHF station), (7) (License relinquishment station), and (17) (UHF-to-VHF station). We also propose to delete as obsolete procedural rules that governed the post-incentive auction period for stations to transition off their pre-auction channel, which ended on July 13, 2020, including the portions of the rule pertaining to the special post-incentive auction displacement filing window which closed on June 1, 2018 and applied to low power television and television translator stations displaced by the auction.

See

47 CFR 73.3700(b) (Post-auction licensing), (c) (Consumer education for transitioning stations), (d) (Notice to MVPDs), and (g) (Low Power TV and TV translator stations).We retain those portions of the rule pertaining to the small number of stations that are still engaged in constructing final facilities on their post-auction channel assignments and to the TV Broadcaster Relocation Fund.

See

47 U.S.C. 1452(j)(1)(A)-(B);

see also Incentive Auction Task Force and Media Bureau Report on the Status of the Post-Incentive Auction Transition and Reimbursement Program; Announce a Further Allocation from the Relocation Fund; and Announce Procedures for Eligible Entities to Close Out Accounts in the Fund,

Public Notice, 34 FCC Rcd 304, 312, para. 26 (2019);

Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions,

Report and Order, 29 FCC Rcd 6567, 6825-26, paras. 632-36 (2014). We seek comment on these proposals.

Updates to Listing of FCC Policies

Sections 73.4000

et seq

provide certain FCC policies and citations related to all broadcast stations for the purpose of reference and convenience. Section 73.4000 addresses the fact that the present listing of FCC policies and citations contained in 73.4000

et seq

may not be an all-inclusive list. We propose to also include cautionary language in the rule to note that subsequent decisions or actions may exist. We seek comment on this proposal. We also propose to amend a number of rules in §§ 73.4000

et seq

that are now obsolete or otherwise require updates. For instance, the Commission no longer uses comparative hearings to award commercial broadcast licenses so § 73.4082 related to such proceedings is obsolete.

See

47 CFR 73.4082 (Comparative broadcast hearings—specialized programming formats). The Commission no longer resolves mutually exclusive broadcast applications through comparative hearings but rather now uses competitive bidding procedures.

See

47 CFR 73.5000

et seq

(procedures for competitive bidding);

Implementation of Section 309(j) of the Communications Act; Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service,

MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920 (1998) (subsequent citations omitted) (

Competitive Bidding First R&O

). We propose to remove or update rules that implicate audio services that are obsolete or require updates. Section 73.4017 is proposed to be removed because these policies have been replaced by competitive bidding procedures in §§ 73.5000-73.5009.

See

47 CFR 73.4017 (Application processing: Commercial FM stations); 47 CFR 73.5000-73.5009;

Competitive Bidding First R&O,

at 15972, para. 137 (1998). Section 73.4100 and § 73.4101 are proposed to be retained and amended to add a more recent policy pronouncement from 1981 and 1987.

See

47 CFR 73.4100 (Financial qualifications; new AM and FM stations) and 73.4101 (Financial qualifications, TV stations);

Revision of Application for Construction Permit for Commercial Broadcast Station (FCC Form 301),

Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and

Certification of Financial Qualification by Applicants for Broadcast Station Construction Permits,

Public Notice, 2 FCC Rcd 2122 (1987). Section 73.4107 is proposed to be eliminated as the cited documents refer to a completed proceeding. All of the cited documents concern the rollout and implementation of Docket 80-90 and the 689 FM allotments adopted therein. The allotments have been established, the proceeding is terminated, and we believe there is no public interest served by listing the cited documents in the policy statement.

See

47 CFR 73.4107 (FM broadcast assignments, increasing availability of). We also propose to eliminate § 73.4108 because this requirement was eliminated for FM stations.

See

47 CFR 73.4108 (FM transmitter site map submissions);

1998 Biennial Regulatory Review—Streamlining of Mass Media Applications, Rules, and Processes,

MM Docket Nos. 98-43 and 94-149, Report and Order, 13 FCC Rcd 23056, 23082, para. 60 (1998) (rejecting the suggestion that the Commission continue to require the filing of site maps, finding it to be an “unnecessary expense for applicants” “in most instances”). And we propose to update rules to reflect the

availability of newer versions of procedures and Commission orders.

See

47 CFR 73.4210 (Procedure Manual: “The Public and Broadcasting”) (The rule is tentatively updated to reflect a newer version of the procedure manual, which is available at:

https://www.fcc.gov/media/radio/public-and-broadcasting

); 73.4267 (Time brokerage) (The revisions to the rule propose to remove outdated citations and add citations to reflect current policy).

See Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests,

MM Docket Nos. 94-150, 92-51, 87-154, Report and Order, 14 FCC Rcd 12559 (1999).

See also

47 CFR 73.3555, Note 2(j). We also propose to update certain rules to reflect the subsequent passage of legislation and the later Commission revision of the relevant policy.

See

47 CFR 73.4055 (Cigarette advertising) (tentatively updated to reflect that in 1986, Congress extended the ban to include advertisements for smokeless tobacco products.

See

15 U.S.C. 4402(c)). We seek comment on these proposals.

Deletion of Obsolete Language Due to Passage of Time and Changes in Commission Policy

The Class A television service was authorized by passage of the Community Broadcasters Protection Act of 1999 (CBPA), pursuant to which eligible LPTV stations could obtain partial qualified primary status.

See

Community Broadcasters Protection Act of 1999, Public Law 106-113, 113 Stat. Appendix I at pp. 1501A-594—1501A-598 (1999),

codified at

47 U.S.C. 336(f) (CBPA). The CBPA was enacted on December 31, 1999, and in implementing the Act in 2000, the Commission gave eligible stations until May 1, 2000, to file an application for a Class A license.

Class A Report and Order;

Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244 (2001). Stations that were authorized or applications that were no longer subject to the filing of competing applications prior to passage of the CBPA were not required to protect analog LPTV stations that became Class A stations with passage of the CBPA on November 29, 1999. All of the LPTV stations that became analog Class A stations and are still operating are now digital Class A stations. Accordingly, this note to § 73.613(a) is now obsolete and we propose to delete it.

See

47 CFR 73.613 (Note to 73.613(a)) (Protection of Class A TV Stations). Section 73.6018 provides, in part, that Class A television stations were required to protect any pre-transition DTV applications filed before December 31, 1999, or between December 31, 1999 and May 1, 2000. Because the time for filing such pre-transition DTV applications is long past and none remain pending, we tentatively conclude that we should delete this language.

See

47 CFR 73.6018 (Digital Class A TV protection of DTV stations). We also propose to delete references to digital and DTV. In addition, now that May 1, 2000 is past, the final sentence in 73.623(c)(5) is rendered obsolete through the passage of time and we propose to delete it. 47 CFR 73.623(c)(5) (DTV applications and changes to DTV allotments). We believe this deletion is further supported by the fact that the Commission previously stated “Section 73.623 is amended by revising paragraph (a) as follows and

deleting paragraphs (c)

and (g).” (emphasis added). This was also reflected in the

Federal Register

publication, 86 FR 66193 (Nov. 22, 2021), which states “Section 73.623 is amended by revising paragraph (a) and

by removing and reserving paragraphs (c)

and (g).” (emphasis added). 86 FR 66193, 66209 (Nov. 22, 2021). While references to the section were deleted, the paragraph remains in the rules. We seek comment on these proposals.

Section 73.6019 provides, in part, that Class A stations that were reassigned a new channel in connection with the incentive auction were not required to protect low power television or TV translator stations in the applications they filed for a construction permit for the channel specified in the April 13, 2017

Channel Reassignment Public Notice.

47 CFR 73.6019 (Digital Class A TV station protection of low power TV, TV translator, digital low power TV and digital TV translator stations), citing § 73.3700(b)(1). Those applications were required to be filed by July 12, 2017, absent a waiver.

Channel Reassignment Public Notice,

32 FCC Rcd at 2809, para. 70. Such waiver requests were required to be submitted no later than June 12, 2017 and all such requests have been disposed of in decisions that are now final.

Id.

Thus, we propose to delete that portion of the rule as obsolete. We seek comment on this proposal.

Section 73.6022 provides that Class A stations displaced by channel allotment changes by a DTV station could negotiate to exchange channels with the DTV station, subject to certain conditions. 47 CFR 73.6022 (section heading and (b)) (Negotiated interference and relocation agreements). Class A stations were subject to displacement only as the result of “engineering solutions” by full power television stations to resolve “technical problems” in replicating or maximizing the full power television station's digital service area during the digital transition.

See Freeze on the Filing of Applications for Digital Replacement Translator Stations and Displacement Applications,

Public Notice, 29 FCC Rcd 6063 (2014), citing

Class A Report and Order,

15 FCC Rcd at 6380-81, paras. 61-64 (subsequent citations omitted). Because the digital transition is complete, any such displacements were necessarily already identified and resolved. Accordingly, we tentatively conclude that we should delete paragraph (b) of the rule as obsolete. We seek comment on that tentative conclusion.

We also propose to amend § 73.1020(a) to delete dates in the past and include the applicable dates for future license renewal cycles. Section 73.1020(a) provides, in part, the default time of expiration for initial and renewal broadcast licenses by state. Specifically, the default time of expiration for such licenses will be 3 a.m., local time, on certain enumerated dates and thereafter at 8-year intervals for radio and TV broadcast stations depending on location. Because the dates specified in the current rule for filing such renewal applications are now in the past, we propose to amend the rule to update the license expiration dates for the next renewal cycle. We seek comment on that proposal. In addition, we propose to remove as obsolete language from § 73.1020(b) that refers to the cutoff date for the filing of applications mutually exclusive with renewal applications that are filed on or before May 1, 1995 and no such applications are on file.

See

47 CFR 73.1020(b) (Station license period).

See also Reading Broadcasting, Inc., for Renewal of License of Station WTVE(TV), Channel 51 Reading, Pennsylvania and Adams Communications Corporation, for Construction Permit for a New Television Station to Operate on Channel 51, Reading, Pennsylvania,

MM Docket No. 99-153, 17 FCC Rcd 14001, para. 1 (2002) (In this decision, the Commission explained that it was “dispos[ing] of the last remaining “comparative renewal” proceeding, in which an incumbent licensee faces a comparative challenge from a construction permit applicant for the same facilities. Congress, by Act of February 8, 1996, Public Law 104-104, 110 Stat. 56, codified as 47 CFR 309(k)(4), prohibited the comparative consideration of renewal applicants filed after May 1, 1995.”). We seek comment on this proposal.

Similarly, we propose to remove as obsolete due to the passage of time § 73.3598(b)(3), which provides that the

period of construction for an original construction permit will toll for certain reasons of international coordination during the DTV transition, which is now complete. We propose to delete language in proposed § 73.682(d)(1) that specifies that digital standards incorporated by reference into the Commission rules became effective October 11, 2011, as the specific start date is now obsolete.

See

proposed § 73.682(d)(1) (TV transmission standards). We also delete references to DTV and digital. We also propose to remove as obsolete the portion of § 73.3572(a)(3) that provided a window that expired October 1, 2000 for certain proposed minor change applications. We also propose to delete provisions that reference the comparative hearing process, which no longer exists.

See

47 CFR 73.1620 (Program tests) (g)(1)-(3) (Reports required); 73.3519(a) (Repetitious applications) (the last sentence of paragraph (a) that applicants whose applications have been denied in a comparative hearing may apply immediately for another available facility); and § 73.4082 (Comparative broadcast hearings—specialized programming formats). We also propose to delete § 73.3523, the first sentence of § 73.3516(e), and the second sentence of § 73.3516(e)(1), which deal with obsolete procedures regarding mutually exclusive proceedings for renewal applications filed prior to May 1, 1995. We also propose to delete the first clause of 47 CFR 73.3525(a) (Agreements for removing application conflicts), which cross-references § 73.3523. In addition, we propose to delete the second sentence of § 73.3533(b), which discusses an obsolete procedure for filing construction permit extension applications. Specifically, that rule refers to § 73.3534, which specified three factors that could justify an extension of a construction permits.

See

47 CFR 73.3534.

See also Application of Mansfield Christian School,

10 FCC Rcd 12589, 12590, para. 5 (1995). That section, however, was deleted in 2004.

See

69 FR 72043 (Dec. 10, 2004). We seek comment on these proposals.

We propose to delete obsolete language in § 73.664(c)(3)(iii) concerning the certification of equipment. The FCC no longer “type accepts” equipment, having overhauled the process to allow private parties to verify such equipment meets FCC requirements, and the results of such verifications do not need to be submitted to the FCC.

See

47 CFR 73.664(c)(3)(iii) (Determining operating power). Currently, there are two procedures used for RF device equipment authorization: SDoC and Certification.

See

47 CFR 2.906 (Supplier's Declaration of Conformity) and 2.907 (Certification);

see also

Office of Engineering & Technology (OET), Equipment Authorization,

https://www.fcc.gov/engineering-technology/laboratory-division/general/equipment-authorization

(last visited Aug. 9, 2022). On July 14, 2017, the Commission amended its radiofrequency equipment authorization rules.

Amendment of Parts 0, 1, 2, 15, and 18 of the Commission's Rules Regarding Authorization of Radiofrequency Equipment,

ET Docket No. 15-170, First Report and Order, 32 FCC Rcd 8746 (2017) (

SDoC Order

). The adopted rules phased out the Verification and Declaration of Conformity equipment authorization procedures and replaced them with a new equipment authorization procedure, the SDoC. Federal Communications Commission, Authorization of Radiofrequency Equipment, 82 FR 50820 (Nov. 2, 2017). A device authorized under previously accepted procedures remains authorized and may be marketed or used if it continues to meet the requirements attendant to that authorization. We also propose to modify text throughout § 73.664 in order to remove references to analog operations such as references to the visual transmitter and to peak power. We propose to retain the remainder of this section that continues to provide important information for measuring transmitter operating power even in the post-transition context. We similarly propose to retain § 73.688 while removing similar references to the visual transmitter. We seek comment on these proposals.

We propose to delete §§ 27.60 (TV/DTV interference protection criteria) and 27.1310 (Protection of Broadcast Television Service in the 600 MHz band from wireless operations), which concern the protection of TV stations on certain channels by wireless services. All of these protections are for channels above channel 37, and thus are no longer relevant because the completion of the digital TV transition and the incentive auction and repacking process reassigned channels in that range for wireless use. We seek comment on this proposal.

Reorganization of Subpart E—Television Broadcast Stations

Full power television began to transition to digital with the passage of the Telecommunications Act of 1996, and ended on June 12, 2009, when full power television stations commenced digital-only operations.

See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service,

MM Docket No. 87-268, 12 FCC Rcd 12809 (1997) (Implementing television broadcast portions of the Telecommunications Act of 1996) (subsequent citations omitted);

see

Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56 (1996)). During the transition, the Commission was required to adopt a number of rules dealing with,

inter alia,

special relaxed digital to digital interference standards necessary to take into account that most stations were operating both an analog and digital channel during the transition, digital construction deadlines, minimum digital operating schedules, analog to digital and digital to analog interference rules, and digital to digital interference rules post-transition. For an overview of the numerous rulemaking proceedings, see

Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television,

MB Docket No. 00-39, Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 5946 (2001) (subsequent citations omitted);

Second Periodic Review,

19 FCC Rcd 18279 (2004);

Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television,

MB Docket No. 07-91, Report and Order, 23 FCC Rcd 2994 (2007) (subsequent citations omitted). Many of these rules were temporary and meant to be effective only during the DTV transition. For example, § 73.623(c)(2) (Minimum technical criteria for modification of DTV allotments included in the initial DTV Table of Allotments and for applications filed pursuant to this section) allowed petitioners and applicants to specify facilities that would result in an increase of up to an additional 2 percent of the population served by another station, provided that the station would not receive more than 10 percent interference in the aggregate. Post-transition, however, the level of permissible interference dropped to 0.5%, the rounding tolerance for zero.

See

47 CFR 73.616(d). Others, however, had more long term application to digital operations. Because the more long term rules were adopted at the same time as temporary rules, the long term rules are currently not organized in a straight forward or user-friendly manner. For example, § 73.623(d) (Minimum geographic spacing requirements for new TV allotments) is in the rule section dealing with TV applications and changes to TV allotments. This paragraph, however, deals with new allotments, and might

more logically belong in § 73.622 (Table of TV Allotments). In addition, there are instances where the rules are duplicative. For example, 47 CFR 73.616(d) and (e) (Post-transition DTV station interference protection) and 73.623(c)(2)-(5) (DTV applications and changes to DTV allotments) both require the use of OET Bulletin No. 69. Some of the specific parameters in § 73.623(c) are outdated (such as those that refer to the 2 percent and 10 percent aggregate pre-transition interference standard), but most of the remaining rule text is directly duplicative of § 73.616(d) and (e) (for example, both discuss how to determine DTV to DTV interference using OET Bulletin 69, that the minimum adjacent channel technical criteria does not apply to channels 4 and 5, 6 and 7, and 13 and 14, because of unique spacing between these channel, and how to determine interference to Class A television stations). Thus, as stated above, we propose deleting paragraphs 73.623(c)(2)-(5). In addition, there are cases where an analog rule and a digital rule are both found in the rules with similar text, such as §§ 73.625 (DTV coverage of principal community and antenna system) and 73.685 (Transmitter location and antenna system).

To make the organization of the rules more practical and the rules easier to find, we propose to reorganize subpart E, while also offering some minor clarifications and amendments to some of the rules. First, we propose to create a new § 73.611 (Emission levels and mask filters) which would relocate, verbatim, the language from § 73.622(h)(1) and (2), which is currently part of the Table of TV Allotments section. These rules involve the permissible level of emissions outside the authorized channel of operation and how attenuation of emission levels is to be measured at the output terminals of the transmitter, including any filters that may be employed.

See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service,

MM Docket No. 87-268, Sixth Report and Order, 12 FCC Rcd 14588, 14676-77, para. 195 (1997). We believe this change will improve the organization of the rules because this technical rule has little direct relationship to the Table of TV Allotments. We seek comment on moving this language to a separate stand-alone rule for easier reference.

We propose to remove the analog power limits from § 73.614(b) (Power and antenna height requirements) and replace them with the digital power limits currently found in § 73.622(f)(5)-(8) (Table of TV allotments), and we propose to clarify that all applications for new full power television stations, applications for changes in authorized full power television stations, and petitions for changes to the Table of TV Allotments must comply with these requirements. 47 CFR 73.614(b) (Power and antenna height requirements). This would make § 73.622(f)(4) redundant, as § 73.622(f)(8) also contains a 1000 kW limit for UHF stations, and we thus propose to delete § 73.622(f)(4). The portions of the rule in § 73.622(f)(5)-(8) focus on power and antenna height requirements. Sections 73.622(f)(6)-(8) set forth the digital power limits and (f)(5) sets forth an exception which is commonly referred to as the “largest station in the market rule.” While these power and antenna height requirements are sometimes referred to in Table of Allotment proceedings, they are also frequently considered in processing applications, and so we believe including these provisions in a separate paragraph will make them easier to reference regardless of whether an allotment or an application is being considered. We also propose to clarify in the newly placed § 73.614(b)(6), that the largest station in the market provision only allows a station to exceed the maximum height for a given channel and zone, and not the maximum power for that channel and zone. This addition to the rule is consistent with a clarification adopted by the Commission in 2001.

See Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television,

MM Docket No. 00-39, Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 5946 (2001) (subsequent history omitted). Specifically, the Commission clarified that under § 73.622(f)(5), “the maximum ERP limits . . . may not be exceeded.”

Id.

at 5974, para. 74. Instead, “[t]he `largest station' provision applies only where the rules normally require a reduction in the maximum power because a specified antenna HAAT is exceeded. That is, it does not allow power higher than the maximum ERP to compensate for an antenna HAAT that is lower than the value specified in the rule.”

Id.

We also propose to delete § 73.614(b)(7) (Power and antenna height requirements) as duplicative of § 73.625(c)(1) (DTV coverage of principal community and antenna system).

See

47 CFR 73.614(b)(7) and 73.625(c)(1). We further propose to retain for digital operations a requirement that existed for analog operations that applications will not be accepted for filing if they specify less than a minimum effective radiated power of 100 watts because the Media Bureau staff already applies this minimum level in routine processing and we do not believe it is in the public interest for full power television stations to operate with what is essentially a low power facility.

See

47 CFR 73.614(a) (Minimum power). Finally, we propose that for stations requesting DTS operation pursuant to § 73.626 (DTV distributed transmission systems) that this requirement apply to at least one site in the DTS. We seek comment on these proposals.

We also propose to collect provisions on related matters that are currently spread over various rules and group them together. First, we propose to create a new § 73.617 (Interference protection of other services) which collects provisions from §§ 73.623(e) (Protection of land mobile operations on channels 14-20), 73.687(e)(3)-(4) (this section requires stations operating on channel 14 to take special precautions to avoid adjacent LMRS facilities and sets forth various steps stations should take to identify and resolve potential interference.

See also Resolution of Interference Between UHF Channels 14 and 69 and Adjacent-Channel Land Mobile Operations,

MM Docket No. 87-465, Report and Order, 6 FCC Rcd 5148 (1991)) 73.623(f) (“Parties requesting new allotments on channel 6 be added to DTV Table must submit an engineering study demonstrating that no interference would be caused to existing FM radio stations on FM channels 200-220”), and 73.685(d) (we also propose to change “blanket area” to “blanketing,” which reflects the updated term now used by stakeholders.). We propose to amend the rule to add a note to reference and explain the existence of a granted waiver with respect to the community of Los Angeles, California allowing the County of Los Angeles to use channel 15 in Los Angeles for public safety communications, and propose to update the city center coordinates

supra.

Most of these rules are used for both licensing and allotments and we believe they will be easier to identify and use if gathered into one section rather than scattered among various rules. We seek comment on this proposed restructuring. We also propose to include a new paragraph 73.617(e) to codify a long standing Commission practice to place a condition on all television broadcast station authorizations that result in a change in coverage area, and all authorizations for new stations, which requires TV broadcasters to identify and notify hospital and other health care

facilities within the station's coverage area to avoid interference to medical telemetry devices. Such devices are authorized under 47 CFR 15.242 (Operation in the bands 174-216 MHz and 470-668 MHz) and 47 CFR part 95 subpart H. This condition is consistent with a current practice agreed to between the Commission and the Food and Drug Administration in 1998 and we believe codifying this practice in our rules will ensure that all licensees are aware of this requirement to avoid interference to medical telemetry devices.

See Joint Statement of the Federal Communications Commission and the Food and Drug Administration Regarding Avoidance of Interference Between Digital Television and Medical Telemetry Devices, https://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret8003.html

(Mar. 25, 1998). We seek comment on this proposal.

We propose to create a new § 73.618 (Antenna location and principal community coverage), which would relocate, verbatim, the language from 73.625(a) (DTV coverage of principal community and antenna system). We also propose to centralize multiple existing rules into one rule that would include instructions on how to determine the protected facilities of a television allotment (47 CFR 73.616(c) (Post-transition DTV station interference protection), as amended), the noise-limited contour level of a television station (47 CFR 73.622(e) (Digital television table of allotments), as amended

supra

), how the noise-limited contour is determined (47 CFR 73.625(b) (DTV coverage of principal community and antenna system), as amended

infra

), and the purposes for which field strength contours are used (47 CFR 73.683(c) (Field strength contours and presumptive determination of field strength at individual locations)). We therefore propose to include these existing requirements in a new § 73.619 (Contour and service areas), and update the section heading of § 73.683 to “Presumptive determination of field strength at individual locations,” in order to remove reference to portions of the rule that are relocated to the new § 73.619. Similarly, we propose to create a new § 73.620 (Interference calculation and protection of TV broadcast services) that will include the requirements currently spread throughout multiple rules in § 73.623(c) (describes the minimum technical criteria for modification of DTV allotments included in the initial DTV Table of Allotments and for applications filed pursuant to this section, as amended

supra

) and §§ 73.616(d) and (e) (merged into a new § 73.620(a)-(d)).

See

47 CFR 73.616 (Post-transition DTV station interference protection) as amended

supra.

Additionally, we propose to move the rule from § 73.616(g) to a new § 73.620(f).

See

47 CFR 73.616(g) (relating to interference protection of ATSC 3.0 stations). We believe that this revised organization of these requirements will make the rules easier to identify and use, and eliminate duplicate versions of some of these rules. We seek comment on these proposals.

We propose to modify §§ 73.622 (Television table of allotments) and 73.623 (TV application processing) to separate out rules specific to the Table of TV Allotments and application processing procedures into separate sections. In § 73.622(a), we propose to modify the language to clarify the rule sections specific to petitions to modify the Table of TV Allotments. Due to this change, § 73.616(a) (TV station interference protection) becomes largely duplicative of this proposed § 73.622(a) and we thus propose to delete § 73.616(a). We also propose to remove (a)(1) and (a)(2) as redundant with the content of § 73.603 (Numerical designation of television channels). We propose to redesignate the language in § 73.622(d)(2) as § 73.622(d), clarify the rule text to indicate this paragraph applies to all allotments, and clarify that the “reference coordinates” for each allotment are those of the authorized facility, or for new allotments, the coordinates given in the order amending the Table of TV Allotments. Section 73.616(b) is duplicative of this proposed § 73.622(d) and we thus propose to delete § 73.616(b). We also propose editorial changes for clarity in § 73.622(d). Finally, we propose to relocate the text from § 73.623(d), relating to the minimum distance separations for new TV allotments, to a new § 73.622(k). In § 73.623(a), we propose to modify the language to clarify the rule sections specific to application processing and remove discussion of modifications to the Table of TV Allotments. We propose to relocate the text from § 73.622(c), regarding the availability of channels for application, into § 73.623(b). Finally, we propose to update cross-references found in § 73.623(h) and update the section heading to “TV application processing priorities” in order to clarify its purpose. We seek comment on these proposals.

We propose to reorganize § 73.624(b) (Television broadcast stations) for clarity by splitting some of the text in subpart (b) into a new subpart (b)(1) (requiring stations broadcasting in ATSC 1.0 to transmit an over the air signal at no direct charge to viewers). We note that nothing in this proposal alters the application of this rule to ATSC 3.0. We propose to relocate § 73.685(h) (Transmitter location and antenna system), pertaining to AM stations, to become new § 73.625(c)(4)(iii) (TV coverage of principal community and antenna system). We also propose to relocate § 73.682(a)(14) (TV transmission standards), regarding the use of elliptically- and circularly-polarized antennas, to become a new § 73.625(d) (TV coverage of principal community and antenna system). While the rest of § 73.682(a) related specifically to analog station operations, we believe this specific subpart of (a)(14) applies to all stations and note that its content is consistent with the functions in LMS applicable to applications. Thus, we tentatively conclude it should be relocated to make it easier to identify by users of our rules. We seek comment on these proposals.

While the current rule structure has become disjointed over the years, and is only exacerbated by the deletion of obsolete portions of the rules, we understand that the structure is also familiar to many users and we recognize that many licensees, counsel, and other users of our rules may have concerns about a reorganization to our rules that have been in the same location or under the same section number for many years. We propose to mitigate that concern by updating cross-references to the rules reorganized as described herein, and in Table 1: Cross-references below, as well as providing cross-references to the new location of a rule that has been relocated in the location it was previously found. The Commission has previously added cross references to its rule sections within its rules.

See, e.g., October 2021 Order

at para. 12 (“We also amend § 73.606 of our rules by . . . adding a cross-reference to “§ 73.622(j)”, which sets forth the updated Table of Allotments adopted in this Order.”). We believe that providing these cross-references would make it easier for users to become accustomed to the new structure. We seek comment on this proposal.

Table 1—Cross-References

Instead of referencing . . .

Reference . . .

§ 73.614(b)(7)

§ 73.625(c)(1).

§ 73.616(a)

§ 73.622(a).

§ 73.616(b)

§ 73.622(d).

§ 73.616(c)

§ 73.619(d).

§ 73.616(e)

§ 73.620(d).

§ 73.616(g)

§ 73.620(f).

§ 73.622(b)

§ 73.622(j).

§ 73.622(c)

§ 73.623(b).

§ 73.622(e)

§ 73.619(c).

§ 73.622(f)(5)

§ 73.614(b)(6).

§ 73.622(f)(6)

§ 73.614(b)(1).

§ 73.622(f)(7)

§ 73.614(b)(2).

§ 73.622(f)(8)

§ 73.614(b)(3).

§ 73.622(h)

§ 73.611.

§ 73.622(i)

§ 73.622(j).

§ 73.623(c)(1)

§ 73.618(a).

§ 73.623(c)(2)

§ 73.620.

§ 73.623(c)(3)

§ 73.620(b).

§ 73.623(c)(4)

§ 73.620(a).

§ 73.623(c)(5)

§ 73.620(d).

§ 73.623(d)

§ 73.622(k).

§ 73.623(e)

§ 73.617(a).

§ 73.623(f)

§ 73.617(c).

§ 73.623(g)

§ 73.620(e).

§ 73.625(a)

§ 73.618.

§ 73.625(b)

§ 73.619(b).

§ 73.683(c)

§ 73.619(a).

§ 73.685(b)

§ 73.618.

§ 73.685(d)

§ 73.617(d).

§ 73.685(f)

§ 73.625(c).

§ 73.687(e)

§ 73.617(b).

Protection of Land Mobile Radio Service

Section 73.623(e) of the rules requires full power and Class A television stations to protect certain channels for use by LMRS in thirteen U.S. cities. 47 CFR 73.623(e) (Protection of land mobile operations on channels 14-20). In the proposed reorganization, this would be moved to new § 73.617(a). For television stations that use or would use channels 14 through 20, the rule specifies a distance of 250 kilometers from the city center of a co-channel land mobile operation, or 176 kilometers from the city center of an adjacent channel land mobile operation. The set of coordinates for the city centers were calculated based on the 1927 North American Datum (“NAD 27”). As a result of improvements in technology and measuring capabilities, NAD 27 has been superseded by the 1983 North American Datum (“NAD 83”). The Commission's Office of Engineering and Technology and Office of the Managing Director have previously explained that “[g]eodetic datum is a set of constants specifying the coordinate system used for calculating the coordinates of points on the Earth. NAD 83 was developed based on satellite and remote-sensing measurement techniques, and provides greater accuracy than the older NAD 27.”

Amendment of Parts 1, 2, 25, 73, 74, 90, and 97 of the Commission's Rules to Make Non-Substantive Editorial Revisions to the Table of Frequency Allocations and to Various Service Rules,

Memorandum Opinion and Order, 23 FCC Rcd 3775, 3796, para. 61, n.101 (OET/OMD 2008). Because it provides greater accuracy and the older NAD 27 is outdated, we propose to amend the rule to use NAD 83 for purposes of specifying these coordinates.

Id.

We further tentatively conclude that updating the coordinates in the rule to NAD 83 would serve the public interest by conforming the values with the coordinate system used in the Commission's LMS database and with those found in § 90.303(b) of the rules, which define the service that § 73.623(e) protects. Section 90.303(b) (Availability of frequencies) defines the specific center points used to permit land mobile operations, which represent the specific locations that § 73.623(e) is designed to protect.

See

47 CFR 90.303(a) (stating that “coordinates are referenced to the North American Datum 1983 (NAD83)”) and (b). As such, our proposal to conform the values in these rules would help to ensure that land mobile operations are more appropriately considered and protected from full power and Class A operations. We made a similar proposal in the

Part 74 NPRM

at para. 12. We seek comment on this proposal.

We also propose to amend § 73.1620(a)(1) (Program tests) to remind full power and Class A television stations on channel 14 of the requirement found in § 73.687(e)(4)(iii) that they request Program Test Authority (“PTA”) prior to commencing operation of new or modified facilities. We further propose to move 47 CFR 73.687(e)(3)-(4) to 73.617(b). We also propose to include a new sentence codifying the practice of requiring LPTV and translator stations on channel 14 to request PTA prior to beginning operation of new or modified facilities. We believe that adding rule text reflecting this practice consistently across all television services will better reflect the purpose of the requirement to protect existing land mobile operations. We seek comment on these proposed changes.

Coverage Area—Determining Coverage

Section 73.625(b) of the Commission's rules describes how coverage and height above average terrain (HAAT) are to be calculated or determined. 47 CFR 73.625(b) (DTV coverage of principal community and antenna system—Determining coverage). In the proposed reorganization, this would be moved to § 73.619(b) (Contours and service areas—Determining coverage). This rule is largely derived from what was formerly § 73.684(d) and (f) adopted by the Commission in December 1963.

See

28 FR 13572, 13678-79 (rel. Dec. 14, 1963) (§ 73.684 (1963)). We propose changes to certain procedures contained in § 73.625(b) which we believe are obsolete, unnecessary, and are otherwise superseded by the software based tools that the FCC and industry use to prepare and process applications.

We propose to remove the second sentence of paragraph (b)(2), which indicates that when the relative field strength at a depression angle is 90% or greater, the 100% value should be used. This would create a discontinuity in the contour, and is inconsistent with how software-based tools used to process and prepare applications function. We seek comment on this proposal.

We propose to eliminate the requirement to produce and submit profile graphs and to streamline the section in order to bring it into line with modern software-based tools used to determine contours and HAAT today. Specifically, the fifth and sixth sentences in paragraph (b)(4) of § 73.625 discuss the creation and submission of a radial in the direction of the community of license.

See

§ 73.684(d) (1963) (§ 73.625(b)(4) was largely adapted from § 73.684(d), and § 73.684(d) itself had been condensed since the 1963 version of the rule. The 1963 version more clearly details the purpose and execution of the rule than the current text.). The rule does not require the use of a radial in the direction of the community of license in any other calculations, so with the elimination of the requirement to produce and submit profile graphs of radials, a rule that requires the calculation of this radial becomes unnecessary. Moreover, the software-based tools the Commission and industry use to process and prepare applications do not produce this radial. As such, we propose to delete the language. Paragraph (b)(4) also contains similar detail in the seventh and eighth sentences explaining how and when to produce and submit a profile graph for radials over water or foreign territory.

Id.

Again, with the elimination of the requirement to produce and submit profile graphs of radials, we believe this calculation for radials over water or foreign territory is unnecessary. The rule itself does not require the radials to be used in any other calculations and automated software used by the Commission and industry does not do this. As such, we propose to delete this language. We also propose to delete the companion language in § 73.681 in the definition of “antenna height above average terrain.” We seek comment on these proposals.

Next, paragraph (b)(4) describes how to plot the radials on a graph and provides a range of options for the number of points of elevation to use in each radial. We propose to conform the requirement to reference the TVStudy software currently used for preparing and processing applications, and specify the use of 10 points per kilometer in all circumstances consistent with present practice found in the TVStudy software used by the Commission and licensees to process and prepare applications.

See

Federal Communications Commission, Office of Engineering and Technology,

TVStudy Interference Analysis Software, https://www.fcc.gov/oet/tvstudy

(the “FCC Contours” screen in the “Parameters” tab of TVStudy provides a default value of 10 points per kilometer using the default Interference Check template). We seek comment on this proposal.

We propose additional deletions in the rule that we believe are also unnecessary. There are several sentences in paragraph (b)(4) which describe how such graphs should be formatted for submission to the FCC. For example, the rule specifies that the graphs may be plotted on “rectangular coordinate paper” or on “special paper which shows the curvature of the earth.”

See also

§ 73.684(d) (1963). Because we propose to eliminate the requirement to submit profile graphs, we also propose to delete the formatting requirements. The rule also provides multiple options on how to obtain elevation points. The software currently used by the Commission and industry, however, simply averages the points as provided in the first option. We propose to delete that text on options to obtain elevation points and clarify the use of the average of points elsewhere in the paragraph. Finally, we propose to add a sentence clarifying that actual calculated values are used to determine the HAAT, and to eliminate the final two sentences of paragraph (b)(4) which are no longer used with the conversion from analog to digital. Specifically, this language is no longer necessary due to the change from the requirements of providing a city grade strength signal of 74-80 dBu, depending on channel, to a principal community strength signal of 35-48 dBu depending on channel. The last two sentences of § 73.625(b)(4) are derived from the last two sentences of § 73.684(f) (1963), which addressed a situation where the adopted predictive coverage methodology would result in a negative HAAT or an HAAT below 100 feet at a number of radials at two and 10 mile intervals. In that case, an applicant could make a supplemental showing. As an example, when a supplemental showing could be made, the rule explained that “a mountain ridge may indicate the practical limit of service although the prediction method may indicate otherwise. In such cases the prediction method should be followed but a supplemental showing may be made concerning the contour distances as determined by other means.” To give an example why the last two sentences of § 73.625(b)(4) are obsolete, the standard contour prediction method would show that the television stations in Juneau, Alaska, had a negative HAAT due to surrounding terrain even though the stations' transmission facilities are located in Juneau, which is surrounded by mountains. With the conversion from analog to digital, the use of the city grade contour to determine community coverage was replaced with the use of the minimum service level contour, which tends to be significantly larger, making the issue of an inability to reach the community of license that this rule was designed to capture significantly less likely. We see comment on these proposals.

Section 73.625(b)(5) specifies a number of paper maps which should be used to prepare the profile graphs described in paragraph (b)(4), and to determine the location and height above sea level of the antenna height.

See

47 CFR 73.625(b)(5). This rule is largely derived from § 73.684(g) (1963). We believe that multiple references to various sources of paper maps contained in the rule are outdated methods to make these types of calculations. We therefore propose to remove those references to outmoded paper maps and replace them with a reference to the National Elevation Dataset and other similar bald earth terrain datasets which are used by modern automated software currently used by the Commission and industry. In a new paragraph (b)(6), we propose to clarify that we generally expect these calculations to be done via computer, versus the preference for paper calculations that was specified previously, and then indicate that to the extent a submission to the Commission uses sources different from those officially reflected in our rules, those sources should be clearly identified in the submission. For example, community coverage is demonstrated by providing a map, which applicants sometimes produce using software like V-Soft Probe. Applicants should clearly identify the software being used to produce their engineering showings. We seek comment on these proposals.

Antenna Patterns

We propose to clarify, in § 73.625(c)(3)(ii) of the rules, that the horizontal power is to be higher than or equal to the vertical power in all directions, and require documentation that the antenna meets this requirement. This proposed requirement is consistent with stations being primarily horizontal, with a possible vertical component less than or equal to the horizontal component. Most stations already submit this documentation in their applications. This clarification is consistent with the requirements contained in § 73.682(a)(14).

See

47 CFR 73.682(a)(14) (TV transmission standards) (“It shall be standard to employ horizontal polarization.”).

See also

47 CFR 73.316(a) (FM antenna systems). We also propose to update the rule to reflect that the LMS filing system permits an alternate method of specifying mechanically beam tilted facilities. The proposed rule indicates the alternate method is preferable because it provides a three-dimensional representation of the antenna, allowing for more accurate predictions with OET Bulletin No. 69. But we continue to allow the previous method in order to avoid imposing any additional burden on stations that were previously authorized using the previous mechanical beam tilt method. We seek comment on these proposals.

Section 73.625(c)(3)(v) currently requires that horizontal plane patterns be plotted “to the largest scale possible on unglazed letter-size polar coordinate paper.” This requirement is outdated and not consistent with current licensee and Commission staff practices. We propose to instead require licensees to submit patterns in the form of a .pdf attachment to an application filed in LMS, and propose to clarify that similar plots are required for elevation or matrix patterns submitted in the LMS form.

See

proposed §§ 73.625(c)(3)(vi) and 73.625(c)(3)(vii). This approach would provide flexibility to applicants and conform to modern practices. We seek comment on this proposal.

Subscription TV (STV) Rules

Sections 73.641 through 73.644, 73.4247, 73.6026, and 74.732(e) contain the rules that allowed analog full power, Class A, and low power television stations to offer a subscription television service “for a fee or charge.”

See

47 CFR 73.641(b).

See generally Amendment of Part 73 of the Commission's Rules and Regulations in Regard to Section 73.642(a)(3) and other Aspects of the Subscription Television Service,

Docket No. 21502, Fourth Report and Order, 95

FCC 2d 457 (1983) and other Commission Orders and Notices in Docket No. 21502 at nn.1-3. Under these rules, analog stations could offer television services during part of the broadcast day, usually during the evening hours, on a subscription basis by sending scrambled signals through the air that could be decoded by a device that the subscriber used and had installed by the STV provider at their television receiver.

Amendment of Part 73 of the Commission's Rules and Regulations in Regard to Section 73.642(a)(3) and Other Aspects of the Subscription Television Service,

Docket No. 21502, Third Report and Order, 90 FCC 2d 341, 344-5, para. 9 (1982).

As of May 1, 1982, there were 27 analog stations that were operating in an STV mode in 18 different markets serving over 1,300,000 subscribers.

Id.

at 344, para. 8. Upon transitioning to digital in 2009 however, digital television stations are required to transmit one over-the-air video program signal at no direct charge to viewers on their 6 MHz channel and are permitted to provide STV-type services on an ancillary or supplementary basis to their primary digital television service.

See

47 CFR 73.624(a) and (c) (Digital television broadcast stations); 74.790(i) (Permissible service of TV translator and LPTV stations) (television stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis, including “subscription video”). With the elimination of analog service, there are no full power television stations operating pursuant to the STV rules and LMS does not permit the filing of applications or requests to operate in an STV mode. Sections 73.642(b) (Subscription TV service) and 74.732(e) (Eligibility and licensing requirements) require that stations notify the Commission when they commence STV operations, and that full power and Class A stations notify the Commission when they discontinue STV operations or change their encoding equipment. The Bureau has not received any such filings in at least the past 25 years. Accordingly, these STV rules are obsolete and we propose to eliminate them.

See

47 CFR 73.641 (Subscription TV definitions), 73.642 (Subscription TV service), 73.643 (Subscription TV operating requirements), 73.644 (Subscription TV transmission systems), and 73.4247 (STV: Competing applications). We seek comment on this proposal.

If we adopt this proposal, we would also amend part 73 and part 74 rules to remove references to STV and “subscription television service.”

See

47 CFR 73.1201(d) (Station identification for subscription television stations); 74.701(f) (Low power TV station); 73.682(b) (Subscription TV technical systems); 73.6026 (deleting cross-references to 73.642-73.644) (Broadcast regulations applicable to Class A television stations); and 74.732(e) (Eligibility and licensing requirements). We seek comment on this proposal.

Special Criteria for Converting Vacant Commercial Channels to Reserved Status

In 2000, the Commission adopted a needs based test for future rulemakings allowing noncommercial educational (NCE) entities to request that “non-reserved channels not already in the Table of Allotments be added and reserved for NCE use.”

See Reexamination of the Comparative Standards for Noncommercial Educational Applicants,

MM Docket No. 95-31, Report and Order, 15 FCC Rcd 7386, 7434, para. 114 (2000);

Reexamination of the Comparative Standard for Noncommercial Educational Applicants,

MM Docket No. 95-31, Second Report and Order, 18 FCC Rcd 6691 (2003). This needs-based test is reflected in § 73.622(a). 47 CFR 73.622(a) states in relevant part:

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.

Since the Commission adopted this needs based test in 2000, the Media Bureau has never been asked to apply it to television stations. Further, the television band has been reallocated and repacked from channels 2-69 to channels 2-36, significantly decreasing the number of available channels. We therefore propose to amend § 73.622(a) to remove this language as we do not believe it serves a practical purpose in the current environment. We do not intend, however, to eliminate the ability of an NCE entity to reserve one of the few vacant television channels currently in the Table of TV Allotments. We note that there remain nine channels in the Table of TV Allotments that are allotted but not currently licensed. These channels were recently offered in Auction 112 but none of the channels received any bid offers and they were returned to the Commission.

See Auction of Construction Permits For Full Power Television Stations Closes,

Public Notice, DA 22-659 (rel. June 23, 2022). We note that an NCE entity may still file a rulemaking petition to request that the Commission reserve the channel for noncommercial educational use, without being required to rely on the special process enumerated in § 73.622(a). We seek comment on this proposal.

Other Technical and Miscellaneous Updates

Special Service Authorization.

Section 73.3543 (Application for renewal or modification of special service authorization) provides that no new special service authorizations may be issued after 1958, however, renewals or modifications will be considered in certain circumstances. The Media Bureau is unaware of any such authorizations today, and thus we tentatively conclude the rule is obsolete and can be deleted. We therefore propose to delete the rule and seek comment on this proposal.

Broadcast Data Bases.

Section 0.434 (Data bases and lists of authorized broadcast stations and pending broadcast applications) refers to Broadcast Application Processing System (BAPS), which is a legacy database system that has not been in use at the Commission for many years. The Media Bureau currently uses LMS for application processing, which replaced the prior Consolidated Database System (CDBS) system over the past few years (except with respect to certain AM operations), which itself replaced BAPS around the year 2000. Thus, the reference to BAPS is obsolete and we propose to delete it and seek comment on this proposal. We additionally propose to remove the word “periodically” since an updated LMS download is provided daily, remove the link to “

ftp.fcc.gov

” since LMS data is not provided there, and update the reference to “mass media services” to instead specify “Media Bureau.” We also propose to delete the sentences stating that paper copies of lists of stations and applications are available for inspection at the Commission or on microfiche at the Commission's Reference Information Center. We further propose to delete the sentence that lists can be purchased from the FCC's duplicating contractor since the Commission has not contracted with a commercial duplicating firm pursuant to § 0.465(a) of the rules for a number

of years. We seek comment on these proposals.

Distributed Transmission System Rule Clarification.

In January 2021, the Commission adopted updated rules in § 73.626 relating to Distributed Transmission Systems.

See Rules Governing the Use of Distributed Transmission System Technologies Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard,

MB Docket No. 20-74 and GN Docket No. 16-142, Report and Order, 36 FCC Rcd 1227 (2021) (

2021 DTS Order

). Since that time, questions have arisen about how the rules are to be applied. For example, the rule text makes several references to the term “reference facility” without defining that term, and appears to inaccurately conflate the reference point with the coordinates of the facility which produces the authorized service area. To make the intent and application of the rule less ambiguous, we propose to modify language in § 73.626(b) and (f)(2). We propose to define the term “authorized facility” (the proposed § 73.626(b) states that “For purposes of compliance with this section, a station's `authorized service area' is defined as the area within its predicted noise-limited service contour determined using the facilities authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation (its “authorized facility”).”) and then replace all uses of the term “reference facility” with the term “authorized facility” in the appropriate locations.

See

proposed § 73.626(f)(2)(i)-(iii). The proposed § 73.626(b) states that “For purposes of compliance with this section, a station's `authorized service area' is defined as the area within its predicted noise-limited service contour determined using the facilities authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation (its “authorized facility”).” We further propose to replace the term “reference point” with “site of its authorized facility” in places where the term “reference point” is improperly used.

See

proposed § 73.626(f)(2)(ii)-(iii). Finally, we propose to clarify when specifically the Table of Distances values should be applied.

See

proposed § 73.626(f)(2)(i)-(ii).We believe this clarifying language will better reflect the method described in the

2021 DTS Order

and used in processing such applications. We also propose to remove language from § 73.626(f)(2) which is improperly specific to the station's authorized service area. As written, the language incorrectly implies that the Table of Distances circle is not applicable here. We seek comment on these proposals.

Transport Stream ID.

All full-power and Class A TV stations are assigned a unique transport stream ID (TSID), which is required to be transmitted in order to provide the Program and System Information Protocol (PSIP) data required by § 73.682(d) (Broadcast television transmission standard). Consistent with that rule, we propose to clarify that all such stations must broadcast with their assigned TSID during their hours of operation.

See

proposed § 73.1201 (Station identification);

see also

proposed § 74.783(d) in the

Part 74 NPRM

at para. 17. In its

Second Periodic Review,

the Commission stated that “broadcasters are required to transmit the TSIDs assigned for their stations in their digital transmission.”

See Second Periodic Review,

19 FCC Rcd at 18347-48, para. 153. We believe that it is in the public interest to move this requirement into a separate rule for ease of reference. Similarly, we propose the same requirement with respect to a station's bit stream ID (BSID), which has the same function as the TSID, but in the ATSC 3.0 context, in order to promote consistency. We seek comment on these proposals.

Class A U.S.-Mexico Border Zone.

Full power television stations are required to use full service masks to attenuate the power level of emissions outside their authorized channel of operation in specified amounts expressed in decibels (dB).

See

47 CFR 73.622(h) (describing required attenuated power limits of emissions of frequencies outside the authorized channel of operation for full power television stations). Section 74.794, which allows LPTV/TV translators to specify use of a simple, stringent, or full service mask, also applies to Class A television stations.

See

47 CFR 73.6024(d) and 74.794(a)(2). Section 74.794(a)(2)(i)-(iii) defines the required attenuated power limits of emissions outside the authorize channel of operation for each type of mask. The Commission's rules require coordination of applications in border regions with the neighboring countries' appropriate regulatory officials. Under the

Exchange of Coordination Letters with IFT Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum,

signed between the FCC and Mexico's Instituto Federal de Telecomunicaciones (IFT) in July 2015, the use of Tables 1 and 6 were approved for television station realignment.

See

Letter to Ricardo Castañeda Alvarez Director General de Ingenieria y Estudios Técnicos, IFT, from Mindel De La Torre, Chief, International Bureau (July 15, 2015) and Letter to Mindel De La Torre, Chief, International Bureau, from Alejandro Navarrete Torres, IFT (July 15, 2015) (collectively, “Exchange of Coordination Letters with IFT Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum”).

See

International Agreements, available at:

https://www.fcc.gov/general/international-agreements.

Class A stations approved by Mexico in Table 6 are grouped with full-service stations. There is no allowance for use of a simple or stringent emission mask for any operation within these Tables; however, § 73.6024(d) applies to coordination of stations in proximity of the U.S. border with Mexico. It is the Media Bureau staff's experience that IFT routinely requests that applications submitted for coordination of Class A stations specify a full-service emission mask, and if such applications do not initially specify the full-service emission mask, IFT asks for it to be included in an amendment. This two-step process increases the processing burdens on the FCC, IFT, and stations, and results in delays in granting applications. Therefore, we propose to amend § 73.6024(d) to require Class A stations within 275 kilometers of the US-Mexico border to specify a full-service emission mask in any modification application. We seek comment on this proposal.

Class A Antenna System.

We propose to delete language in § 73.6025(a) that we find is almost identical to that in § 73.625(c)(3). 47 CFR 73.6025(a) (Antenna system and station location) (setting forth required showing when proposing to use a directional antenna system) and 73.625(c)(3) (DTV coverage of principal community and antenna systems). These rule sections provide similar requirements regarding how applicants should describe and document antenna patterns submitted in their applications. Some sections are identical (specifically, § 73.625(c)(3)(iii) is identical to § 73.6025(a)(3), § 73.625(c)(3)(iv) is identical to § 73.6025(a)(4), and § 73.625(c)(3)(vi) is identical to § 73.6025(a)(5)), but in others there are a few minor differences. Specifically, comparing § 73.625(c)(3)(i) with § 73.6025(a)(1), although two sentences found in the latter concerning descriptions of antenna systems are not specifically contained in § 73.625(c)(3)(i), we believe these sentences are explanatory and sufficiently captured in the requirement in § 73.625(c)(3)(i) that a “[c]omplete description of the proposed antenna

system” be included. Currently, § 73.625(c)(3)(ii) also differs slightly from § 73.6025(a)(2) in that it specifies a different orientation of the included antenna plots, but is otherwise identical and would provide the same information to the Commission. We propose to modify § 73.625(c)(3)(ii). Finally, while there is no equivalent to § 73.625(c)(3)(v) in § 73.6025; that subpart merely describes the format of the otherwise-required tabulations. We propose to modify § 73.625(c)(3)(v). We are also proposing in this NPRM to add new §§ 73.625(c)(3)(vii) and (viii) to account for stations submitting elevation or matrix patterns.

See id.

We find that the very minor distinctions between the language in the two sections are insignificant and that no purpose is served by having two essentially duplicative rules in part 73. Class A licensees are required to comply with all part 73 regulations except for those that cannot apply for technical or other reasons.

Class A Report and Order,

15 FCC Rcd at 6365, para. 23. Section 73.625(c)(3) is clearly a rule with which they can comply. We instead propose to also cross-reference § 73.625(c)(3) in § 73.6025(a), eliminating the duplication but making clear that the requirements in § 73.625(c)(3) continue to apply to Class A television stations. We seek comment on this proposal.

Minimum Video Program Requirements.

As noted above, we propose to delete much of § 73.624(b). Section 73.6026 (Broadcast regulations applicable to Class A television stations) lists section 73.624 as a rule applicable to Class A stations. It also includes a note stating that “Section 73.624(b) will apply only to the extent that such stations must also transmit at least one over-the-air video program signal at no direct charge to viewers of the digital Class A station.” Such language is also included in 73.624(b) and so we propose to remove that text in 73.6026 as duplicative. We also propose to clarify that this change would mandate the use of a minimum 480i video resolution by Class A stations. This requirement is consistent with full-power and LPTV/translator stations (as proposed in the

Part 74 NPRM

), and we believe it is reasonable to also apply it consistently to Class A stations.

See Part 74 NPRM

at para. 25. We seek comment on this conclusion.

Transmitting Antenna Site.

Section 73.683(c)(1), which we propose to move to new § 73.619(a)(1), refers to the estimation of a station's coverage area based on a “particular transmitter site.” We note that our application forms do not request information about the location of a station transmitter but of its antenna instead. Therefore, we propose to modify the language in the rule to refer instead to a “particular transmitting antenna site.” We believe this proposal is consistent with language that has been used in other parts of the rules (

see e.g.,

47 CFR 73.622(d)), and with a proposal made in the

Part 74 NPRM. See Part 74 NPRM

at para. 24 (“Because the antenna location, rather than the transmitter location, is the relevant consideration in determining interference, service, and loss, as required by the Commission's rules and policies, we propose to delete § 74.751(b)(6) entirely regarding the transmitter's location, as it is not relevant in this analysis.”). Accordingly, we seek comment on this proposal.

Corrections To Inadvertent Oversights From Prior Rulemakings.

In § 73.616(e), which we propose to relocate to new § 73.620(d) (Interference calculation and protection of TV broadcast services), the rule text appears to be incomplete and contradictory. Paragraph (1) indicates the OET Bulletin No. 69 method of determining coverage and interference shall be used, then indicates that “[t]he threshold levels at which interference is considered to occur are:” but none follow. Paragraph (2) implies the use of contour analysis to determine protection of Class A television stations, but does so while making use of the unspecified threshold levels from paragraph (1). Paragraph (3) indicates that a request for a waiver of the interference protection requirements of the rule may be made using the Longley-Rice terrain dependent propagation methods contained in OET Bulletin No. 69, in contradiction to paragraph (1) which specifies that OET Bulletin No. 69 shall be used. Because these elements make the requirements of the rule difficult to decipher, we propose to remove paragraphs (1), (2), and (3) entirely and streamline the remaining paragraph (e) as a new § 73.620(d), replacing the description of the OET Bulletin No. 69 in paragraph (1) with a cross-reference to paragraphs (a) and (b) of the new § 73.620, which specifies the same method. We seek comment on this proposal.

In the

October 2021 Order,

the Commission deleted § 73.623(g) as obsolete because it addressed the digital transition.

See October 2021 Order

at para. 13, n.44. Deletion of the section, however, inadvertently eliminated from the rules the allowance for negotiated agreements on interference among applicants and licensees. We propose to restore this allowance that was previously contained in § 73.623(g), modify the language to delete language referring to stations operating on channels allotted in § 73.622(b), the initial DTV Table, and place it in a new § 73.620(e). This would clarify in our rules that stations may continue to negotiate agreements on interference consistent with past and present practice. We seek comment on this proposal.

In the

Part 74 Order,

the Commission revised or removed certain paragraphs of § 74.787 to reflect the LPTV and translator transition from analog to digital operations, clean up duplicate sections that were contained in both the analog and digital portions of part 74, and provide accurate information about current Commission forms.

See Part 74 Order

at paras. 6-7, nn. 22 and 25-28. The

Part 74 Order

revised § 74.787(a)(5)(i) regarding applications for analog-to-digital replacement translators (DRTs) and digital-to-digital replacement television translators (DTDRTs) to state that “[a]pplications for new DRTs and DTDRTs are no longer accepted.” The

Part 74 Order

also removed the first sentence of paragraph (a)(5)(v). We propose to further amend the text of the rule by clarifying in the now first sentence of paragraph (a)(5)(v) that the pre-auction digital service area is the noise-limited contour of the full power station that was protected in the incentive auction repacking process and removing reference to a 2015 public notice.

See

47 CFR 74.787(a)(5)(v) (Licensing);

see also Incentive Auction Task Force Releases Revised Baseline Data and Prices for Reverse Auction; Announces Revised Filing Window Dates,

Public Notice, DA 15-1296, 30 FCC Rcd 12559 (Nov. 12, 2015). Because we no longer allow applications for new applications for DTDRTs, we believe the reference to the public notice data is no longer necessary and the inclusion of the additional explanation of the pre-auction digital service area for stations that already hold DTDRTs provides a clearer definition. We seek comment on this proposal.

Cost-Benefit and Diversity, Equity and Inclusion Analysis

Finally, we seek comment on the benefits and costs associated with adopting the proposals set forth in this NPRM. In addition to any benefits to the public at large, are there also benefits to industry through adoption of any of our proposals? We also seek comment on any potential costs that would be imposed on licensees, regulatees, and the public if we adopt the proposals contained in this NPRM. Comments should be accompanied by specific data

and analysis supporting claimed costs and benefits.

As part of our continuing effort to advance digital equity for all, including people of color, persons with disabilities, persons who live in rural or Tribal areas, and others who are or have been historically underserved, marginalized, or adversely affected by persistent poverty or inequality, we invite comment on how the proposals set forth in this NPRM can advance equity in the provision of broadcast services for all people of the United States, without discrimination on the basis of race, color, religion, national origin, sex, or disability. Specifically, we seek comment on how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission's relevant legal authority.

Initial Regulatory Flexibility Act Analysis

As required by the Regulatory Flexibility Act of 1980, as amended (RFA), pursuant to 5 U.S.C. 605(b), the Commission has prepared this Initial Regulatory Flexibility Act Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this notice of proposed rulemaking (NPRM). 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 specified in the

DATES

section of this NPRM. The Commission will send a copy of this NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, this NPRM and IRFA (or summaries thereof) will be published in the

Federal Register

.

Need for, and Objectives of, the Proposed Rules

This NPRM seeks comment on a number of proposals as part of the Commission's effort to update its rules following the transition from analog to digital-only operations and the post-incentive auction transition to a smaller television band with fewer channels. This NPRM proposes to delete, update, or otherwise revise Commission rules that no longer have any practical effect given these historic changes. This NPRM also seeks to restructure subpart E of part 73 of the Commission's rules (47 CFR subchapter C, part 73), which largely consists of the technical licensing, operating, and interference rules for full power television. Finally, this NPRM proposes additional amendments to the full power and Class A rules, including technical updates and proposals to delete, update, and/or amend outdated rules.

This NPRM proposes to adopt revisions to part 73 to reflect that all television services have ceased analog operations, and the conversion to digital television technology. Similarly, this NPRM proposes to amend rule section headings and language in part 73 to remove references to DTV and digital television service since all television services have transitioned from analog to digital operations and thus, there is no further need to differentiate between two separate kinds of service. In addition, this NPRM proposes to delete outdated rules that are no longer valid given changes in Commission-adopted policy. This NPRM also proposes to update Commission rules to reference the current designation for form numbers, require electronic filing in LMS, and remove obsolete forms. In addition, this NPRM proposes to make a number of other corrections and updates to the full power television and Class A rules, including to correct inadvertent oversights in prior rulemakings.

In addition, this NPRM seeks to add an explanatory note to § 73.623 to reference and explain the existence of a granted waiver with respect to the community of Los Angeles, California. Section 73.623 of the rules requires television stations to protect certain channels for use by the land mobile radio service in thirteen U.S. cities listed in the rule. In 2008, the Commission's Public Safety and Homeland Security Bureau granted a waiver pursuant to § 337(c) of the Communications Act, as amended, allowing the County of Los Angeles to use channel 15 in Los Angeles for public safety communications. Because this channel is adjacent to two channels contained in § 73.623, this NPRM asserts that the public interest is served by including a Note explaining the existence of the 2008 waiver.

To reflect the fact that the post-incentive auction closed on April 13, 2017, this NPRM proposes to amend § 73.3700(a)(2) to add the citation to the

Channel Reassignment Public Notice

that was released by the Commission's Media and Wireless Telecommunications Bureaus and Incentive Auction Task Force announcing the completion of the auction and deadlines for stations assigned new channels through the repacking process to terminate operations on pre-auction channels. This NPRM also proposes to delete as obsolete certain definitions that relate to the bid options that were available to full power and Class A television broadcasters eligible to participate in the incentive auction. This NPRM proposes to delete as obsolete procedural rules that governed the post-incentive auction period for stations to transition off their pre-auction channel, which ended on July 13, 2020, including the portions of the rule pertaining to the special post-incentive auction displacement filing window which closed on June 1, 2018, and applied to low power television and television translator stations (“LPTV/TV translators”) displaced by the auction.

Regarding the listing of FCC policies in §§ 73.4000

et seq.,

which provide certain FCC policies and citations related to all broadcast stations for the purpose of reference and convenience, this NPRM proposes to amend a number of rules that are now otherwise obsolete or require updates. For example, this NPRM proposes to update rules to reflect the availability of newer versions of procedures and Commission orders such as the “The Public and Broadcasting” procedure manual.

This NPRM proposes to delete obsolete language due to the passage of time and other changes in Commission policy, including language related to the protection of pre-transition DTV applications filed before December 31, 1999, or between December 31, 1999, and May 1, 2000, certain waiver requests related to the incentive auction, displacements of Class A stations due to digital channel allotment changes by full power television stations that have since been resolved, the period of construction for an original construction permit which tolled for certain reasons of international coordination during the DTV transition, the certification of equipment that the Commission no longer accepts, and references to mutually exclusive renewal proceedings for applications filed prior to May 1, 1995. This NPRM also proposes to delete past license renewal application filing dates for all radio and television broadcast stations, and provide updated dates.

During the course of the transition to from analog to digital television, the Commission adopted a number of rules, many of which were temporary and meant to be effective only during the transition. Others, however, had more long term application to digital operations. Because the more long term rules were adopted at the same time as temporary rules, the long term rules are currently not organized in a straight forward or user-friendly manner. As a result, this NPRM seeks to reorganize subpart E of part 73, including creating cross-references to the rules reorganized

for ease, in order to make the rules more practical and easier to find.

This NPRM also seeks comment on updating the coordinates found in § 73.623(e) from North American Datum (“NAD”) 27 to NAD 83 and otherwise conforming the values with the coordinate system used in the Commission's Licensing and Management System (“LMS”) database and with those found in § 90.303(b) of the rules, which define the service that § 73.623(e) protects.

In addition, this NPRM proposes to amend § 73.1620(a)(1) to remind full power and Class A television stations on channel 14 of the requirement found in § 73.687(e)(4)(iii) that they request Program Test Authority (“PTA”) prior to commencing operation of new or modified facilities. This NPRM also proposes to amend the rule to require LPTV and translator stations on channel 14 to request PTA prior to beginning operation of new or modified facilities.

This NPRM also proposes a number of changes to the rules which are obsolete, unnecessary, and are otherwise superseded by the software based tools that the Commission and industry use to prepare and process applications. Also, § 73.625 specifies a number of paper maps which should be used to prepare the profile graphs and to determine the location and height above sea level of the antenna height. This NPRM proposes to remove those references to outmoded paper maps and replace them with a reference to the National Elevation Dataset and other similar bald earth terrain datasets which are used by modern automated software currently used by the Commission and industry. This NPRM proposes to clarify that Commission staff generally expects these calculations to be done via computer, versus the preference for paper calculations that was specified previously, and then indicate that to the extent a submission to the Commission uses sources different from those officially reflected in the Commission's rules, those sources should be clearly identified in the submission.

This NPRM proposes to clarify, in § 73.625(c)(3)(ii) of the rules, that the horizontal power is to be higher than or equal to the vertical power in all directions, and require documentation that the antenna meets this requirement. This NPRM also proposes to update the rule to reflect that the LMS filing system permits an alternate method of specifying mechanically beam tilted facilities. The proposed rule indicates the alternate method is preferable because it provides a three-dimensional representation of the antenna, allowing for more accurate predictions with OET Bulletin No. 69. But the Commission continues to allow the previous method in order to avoid imposing any additional burden on stations that were previously authorized using the previous mechanical beam tilt method.

Section 73.625(c)(3)(v) currently requires that horizontal plane patterns be plotted “to the largest scale possible on unglazed letter-size polar coordinate paper.” This requirement is outdated and not consistent with current licensee and Commission staff practices. This NPRM proposes to instead require licensees to submit patterns in the form of a .pdf attachment to an application filed in LMS, and propose to clarify that similar plots are required for elevation or matrix patterns submitted in the LMS form. This approach would provide flexibility to applicants and conform to modern practices.

With the elimination of analog service, there are no full power television stations operating pursuant to the subscription television (“STV”) rules, which allowed analog stations to offer a subscription television service “for a fee or charge” given that there are no full power television stations operating pursuant to the STV rules and digital television stations are permitted to provide STV-type services on an ancillary or supplementary basis to their primary digital television service, and LMS does not permit the filing of applications or requests to operate in an STV mode. Accordingly, §§ 73.641 through 73.644, 73.4247, 73.6026, and 74.732(e) are obsolete and we propose to eliminate them.

In 2000, the Commission adopted a needs based test in § 73.622(a) for future rulemakings allowing noncommercial educational (NCE) entities to request that “non-reserved channels not already in the Table of Allotments be added and reserved for NCE use.” This NPRM proposes to amend § 73.622(a) to remove this language as Commission staff does not believe it serves a practical purpose in the current environment. Commission staff does not intend, however, to eliminate the ability of an NCE entity to reserve one of the few vacant television channels currently in the Table of TV Allotments. An NCE entity may still file a rulemaking petition to request that the Commission reserve the channel for noncommercial educational use, without being required to rely on the special process enumerated in § 73.622(a).

Section 73.3543 provides that no new special service authorizations may be issued after 1958, however, renewals or modifications will be considered in certain circumstances. The Commission staff is unaware of any such authorizations today, and the Commission tentatively concludes the rule is obsolete and can be deleted. This NPRM proposes to delete the rule and seeks comment on this proposal.

Section 0.434 refers to the Broadcast Application Processing System (BAPS), which is a legacy database system that has not been in use at the Commission for many years. The NPRM proposes to update the rule to reflect the current application television filing and processing databases and methods for viewing the databases.

In January 2021, the Commission adopted updated rules in § 73.626 relating to Distributed Transmission Systems (“DTS”). Since that time, questions have arisen about how the rules are to be applied. To make the intent and application of the rule less ambiguous, this NPRM proposes to modify language in 73.626(b) and (f)(2) to define certain terms and make clarifications that will better reflect the method described in the

2021 DTS Order

and used in processing such applications.

All full-power and Class A TV stations are assigned a transport stream ID (“TSID”), which is required to be transmitted in order to provide the Program and System Information Protocol (“PSIP”) data required by § 73.682(d). Consistent with that rule, this NPRM proposes to clarify that all such stations must broadcast with their assigned TSID during their hours of operation. For the same reason, the NPRM proposes the same requirement with respect to a station's bit stream ID (“BSID”), which has the same function as the TSID, but in the ATSC 3.0 context.

The Commission's rules require coordination of applications in border regions with the neighboring countries' appropriate regulatory officials. Under the

Exchange of Coordination Letters with IFT Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum,

signed between the FCC and Mexico's Instituto Federal de Telecomunicaciones (“IFT”) in July 2015, Class A stations approved by Mexico are grouped with full-service stations. It is the Media Bureau staff's experience that IFT routinely requests that applications submitted for coordination of Class A stations specify a full-service emission mask, and if such applications do not initially specify the full-service emission mask, IFT asks for it to be included in an amendment. This two-step process increases the processing burdens on the FCC, IFT, and stations, and results in delays in granting applications. Therefore, this NPRM proposes to amend § 73.6024(d)

to require Class A stations within 275 kilometers of the US-Mexico border to specify a full-service emission mask in any modification application.

This NPRM proposes to delete language in § 73.6025(a) that is almost identical to that in § 73.625(c)(3). These rule sections provide similar requirements regarding how applicants should describe and document antenna patterns submitted in their applications. This NPRM proposes to cross-reference § 73.625(c)(3) in § 73.6025(a), eliminating the duplication but making clear that the requirements in § 73.625(c)(3) continue to apply to Class A television stations. We seek comment on this proposal.

Section 73.6026 lists § 73.624 as a rule applicable to Class A stations. It also includes a note stating that “Section 73.624(b) will apply only to the extent that such stations must also transmit at least one over-the-air video program signal at no direct charge to viewers of the digital Class A station.” Such language is also included in § 73.624(b) and so this NPRM proposes to remove that text in § 73.6026 as duplicative. This NPRM also proposes to clarify that this change would mandate the use of a minimum 480i video resolution by Class A stations, consistent with our proposal with respect to full power and LPTV/translator stations in our earlier adopted

Part 74 NPRM,

FCC 22-58, (rel. July 13, 2022).

Legal Basis

The proposed action is authorized under sections 1, 4, 301, 303, 307, 308, 309, 310, 316, 319, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310, 316, 319, 336.

Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply

The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act (SBA). 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.

Below, we provide a description of the impacted small entities, as well as an estimate of the number of such small entities, where feasible.

Television Broadcasting.

This industry is comprised of “establishments primarily engaged in broadcasting images together with sound.” These establishments operate television broadcast 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 studio, from an affiliated network, or from external sources. The SBA small business size standard for this industry classifies businesses having $41.5 million or less in annual receipts as small. The 2017 U.S. Census Bureau data indicate that 744 firms in this industry operated for the entire year. Of that number, 657 firms had revenue of less than $25,000,000. Based on this data we estimate that the majority of television broadcasters are small entities under the SBA small business size standard.

The Commission estimates that as of June 2022, there were 1,372 licensed commercial television stations. Of this total, 1,280 stations (or 93.2%) had revenues of $41.5 million or less in 2021, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on June 1, 2022, and therefore these licensees qualify as small entities under the SBA definition. In addition, the Commission estimates that as of June 2022, there were 384 licensed noncommercial educational (NCE) television stations, 383 Class A TV stations, 1,865 LPTV stations and 3,224 TV translator stations. The Commission, however, does not compile and otherwise does not have access to financial information for these television broadcast stations that would permit it to determine how many of these stations qualify as small entities under the SBA small business size standard. Nevertheless, given the SBA's large annual receipts threshold for this industry and the nature of these television station licensees, we presume that all of these entities qualify as small entities under the above SBA small business size standard.

Radio Stations.

This industry is comprised of “establishments primarily engaged in broadcasting aural programs by radio to the public.” Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA small business size standard for this industry classifies firms having $41.5 million or less in annual receipts as small. U.S. Census Bureau data for 2017 show that 2,963 firms operated in this industry during that year. Of this number, 1,879 firms operated with revenue of less than $25 million per year. Based on this data and the SBA's small business size standard, we estimate a majority of such entities are small entities.

The Commission estimates that as of June 30, 2022, there were 4,498 licensed commercial AM radio stations and 6,689 licensed commercial FM radio stations, for a combined total of 11,187 commercial radio stations. Of this total, 11,185 stations (or 99.98%) had revenues of $41.5 million or less in 2021, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Database (BIA) on June 1, 2022, and therefore these licensees qualify as small entities under the SBA definition. In addition, the Commission estimates that as of June 30, 2022, there were 4,184 licensed noncommercial (NCE) FM radio stations, 2,034 low power FM (LPFM) stations, and 8,951 FM translators and boosters. The Commission however does not compile, and otherwise does not have access to financial information for these radio stations that would permit it to determine how many of these stations qualify as small entities under the SBA small business size standard. Nevertheless, given the SBA's large annual receipts threshold for this industry and the nature of radio station licensees, we presume that all of these entities qualify as small entities under the above SBA small business size standard.

We note, however, that in assessing whether a business concern qualifies as “small” under the above definition, business (control) affiliations 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. In addition, another element of the definition of “small business” requires that an 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 radio or television broadcast station is dominant in its field of operation. Accordingly, the estimate of small businesses to which the rules may apply does not exclude any radio or television station from the definition of a small business on this basis and is therefore possibly over-inclusive. An additional element of the definition of “small business” is that the entity must be

independently owned and operated. Because it is difficult to assess these criteria in the context of media entities, the estimate of small businesses to which the rules may apply does not exclude any radio or television station from the definition of a small business on this basis and similarly may be over-inclusive.

Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements

The NPRM proposes modified reporting requirements. The Commission seeks comment on whether television stations should be able to now make certain required notifications through filings procedures in LMS as opposed to by letter, as has been the case. Similarly, the Commission seeks comment on its proposals to update Commission rules to reference the current designation for form numbers, require electronic filing in LMS, and remove obsolete forms. Should the Commission ultimately decide to adopt these requirements, they would result in a modified paperwork obligation. The Commission anticipates that this option will lessen the physical burden on small entities. The Commission will have to consider the benefits and costs of allowing television stations to submit certain notifications in LMS. If adopted, the Commission will seek approval and the corresponding burdens to account for this modified reporting requirement. We expect the comments we receive from the parties in the proceeding, including cost and benefit analyses, will help the Commission to identify and evaluate compliance costs and burdens for small businesses that may result from the matters discussed in the NPRM.

Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered

The RFA requires an agency to describe any significant alternatives, specifically small business, 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 such 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 such small entities.

See

5 U.S.C. 603(c)(1)-(4).

This NPRM seeks comment on a number of proposals that would codify Commission staff's current practices or better reflect technological advancements in the industry. The Commission does not have supporting data at this time to determine if there will or will not be an economic impact on small businesses as a result of the proposed rule amendments and/or deletions. However, the Commission anticipates that the proposed rule updates and reorganization generally will lessen the burdens on small entities. For example, § 73.625(b)(5) specifies a number of paper maps which should be used to prepare the profile graphs described in paragraph (b)(4), and to determine the location and height above sea level of the antenna height. Commission staff believes that multiple references to various sources of paper maps contained in the rule are outdated methods to make these types of calculations. This NPRM therefore proposes to remove those references to outmoded paper maps and replace them with a reference to the National Elevation Dataset and other similar bald earth terrain datasets which are used by modern automated software currently used by the Commission and industry. Moreover, § 73.625(b)(4) describes how to plot certain radials on a graph and provides a range of options for the number of points of elevation to use in each radial. This NPRM proposes to conform the requirement to reference the TVStudy software currently used for preparing and processing applications, and specify the use of 10 points per kilometer in all circumstances consistent with present practice found in the TVStudy software used by the Commission and licensees to process and prepare applications. These proposals are an attempt to simplify, streamline, and modernize existing rules and procedures that will enable television stations to more easily comply with licensing requirements through familiar and low cost measures.

In addition, this NPRM seeks to avoid imposing additional burdens on television stations where practicable. For example, this NPRM proposes to update § 73.625(c)(3)(ii) to reflect that the LMS filing system permits an alternate method of specifying mechanically beam tilted facilities. The proposed rule indicates the alternate method is preferable because it provides a three-dimensional representation of the antenna, allowing for more accurate predictions with OET Bulletin No. 69. But Commission staff continues to allow the previous method in order to avoid imposing any additional burden on stations that were previously authorized using the previous mechanical beam tilt method.

Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule

None.

Report to Congress

The Commission will send a copy of this NPRM including the IRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the NPRM including the IRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this NPRM and IRFA (or summaries thereof) will also be published in the

Federal Register

.

List of Subjects

47 CFR Parts 0

Authority delegations (Government agencies), Organization and functions (Government agencies)

47 CFR Part 27

Communications common carriers.

47 CFR Part 73

Full power TV, Class A TV, Incorporated by reference.

47 CFR Part 74

Low power TV, TV translator stations.

Federal Communications Commission.

Marlene Dortch,

Secretary.

Proposed Regulations

For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 0, 27, 73, and 74 to read as follows:

PART 0—COMMISSION ORGANIZATION

1. The authority citation for part 0 continues to read as follows:

Authority:

47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409, unless otherwise noted.

2. Revise § 0.434 to read as follows:

§ 0.434

Data bases and lists of authorized broadcast stations and pending broadcast applications.

The FCC makes available its data bases, Consolidated Database System (CDBS) and Licensing and Management System (LMS), containing information about authorized broadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to the TV and FM Table of Allotments. CDBS and LMS contain frequencies, station locations, and other

particulars. CDBS and LMS may be viewed at the Commission's website at

www.fcc.gov

under Media Bureau.

PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICE

3. The authority citation for part 27 continues to read as follows:

Authority:

47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 337, 1403, 1404, 1451, and 1452, unless otherwise noted.

§ 27.60

[Removed and Reserved]

4. Remove and reserve § 27.60.

§ 27.1310

[Removed and Reserved]

5. Remove and reserve § 27.1310.

PART 73—RADIO BROADCAST SERVICES

6. 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.

7. Section 73.611 is added to read as follows:

§ 73.611

Emission levels and mask filter.

(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:

Formula 1 to paragraph (a)

Attenuation in dB = −11.5(Δf + 3.6);

Where:

Δf = 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.

8. Section 73.612 is revised to read as follows:

§ 73.612

Protection from interference.

(a) Permittees and licensees of TV broadcast stations are not protected from any interference which may be caused by the grant of a new station or of authority to modify the facilities of an existing station in accordance with the provisions of this subpart. The nature and extent of the protection from interference accorded to TV broadcast stations is limited solely to the protection which results from the interference protection requirements set forth in this subpart.

(b) [Reserved]

§ 73.613

[Removed and Reserved]

9. Remove and reserve § 73.613.

10. Amend § 73.614 by:

a. Revising paragraphs (a), (b) introductory text, (b)(1) through (3);

b. Removing and reserving paragraphs (b)(4) and (5);

c. Revising paragraph (b)(6); and

d. Removing paragraph (b)(7).

The revisions read as follows:

§ 73.614

Power and antenna height requirements.

(a)

Minimum requirements.

Applications will not be accepted for filing if they specify less than 100 watts horizontally polarized visual effective radiated power (ERP) in any horizontal direction. No minimum antenna height above average terrain (HAAT) is specified. For stations requesting DTS operation pursuant to § 73.626, this requirement applies to at least one site in the DTS.

(b)

Maximum power.

Applications for new full power television stations, for changes in authorized full power television stations, and petitions for changes to the Table of TV Allotments, will not be accepted for filing if they specify a power which exceeds the maximum permitted boundaries specified in the following formulas:

(1) A TV station that operates on a channel 2-6 allotment will be allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305 meters and it is located in Zone I or a maximum ERP of 45 kW if its antenna HAAT is at or below 305 meters and it is located in Zone II or Zone III.

(i) At higher HAAT levels, such TV stations will be allowed to operate with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table):

Table 1 to Paragraph (

b

)(1)(

i

)—Maximum Allowable ERP and Antenna Height for TV Stations in Zones II or III on Channels 2-6

Antenna HAAT

(meters)

ERP

(kW)

610

10

580

11

550

12

520

14

490

16

460

19

425

22

395

26

365

31

335

37

305

45

(ii) For TV stations located in Zone I that operate on channels 2-6 with an HAAT that exceeds 305 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters:

ERP

max

= 92.57−33.24 * log

10

(HAAT)

(iii) For TV stations located in Zone II or III that operate on channels 2-6 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters:

ERP

max

= 57.57−17.08 * log

10

(HAAT)

(2) A TV station that operates on a channel 7-13 allotment will be allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305 meters and it is located in Zone I or a maximum ERP of 160 kW if its antenna HAAT is at or below 305 meters and it is located in Zone II or Zone III.

(i) At higher HAAT levels, such TV stations will be allowed to operate with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table):

Table 2 to Paragraph (

b

)(2)(

i

)—Maximum Allowable ERP and Antenna Height for TV Stations in Zones II or III on Channels 7-13

Antenna HAAT

(meters)

ERP

(kW)

610

30

580

34

550

40

520

47

490

54

460

64

425

76

395

92

365

110

335

132

305

160

(ii) For TV stations located in Zone I that operate on channels 7-13 with an HAAT that exceeds 305 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters:

ERP

max

= 97.35-33.24 * log

10

(HAAT)

(iii) For TV stations located in Zone II or III that operate on channels 7-13 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters:

ERP

max

= 62.34-17.08 * log

10

(HAAT)

(3) A TV station that operates on a channel 14-36 allotment will be allowed a maximum ERP of 1,000 kW if its antenna HAAT is at or below 365 meters.

(i) At higher HAAT levels, such TV stations will be allowed to operates with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table):

Table 3 to Paragraph (

b

)(3)(

i

)—Maximum Allowable ERP and Antenna Height for TV Stations on Channels 14-36, All Zones

Antenna HAAT

(meters)

ERP

(kW)

610

316

580

350

550

400

520

460

490

540

460

630

425

750

395

900

365

1,000

(ii) For TV stations located in Zone I, II or III that operate on channels 14-36 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters:

ERP

max

= 72.57-17.08 * log

10

(HAAT)

Where:

ERP

Max

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

HAAT = Height Above Average Terrain measured in meters.

(4) [Reserved]

(5) [Reserved]

(6) The effective radiated power in any horizontal or vertical direction may not exceed the maximum values permitted by this section, except that licensees and permittees may request an increase in either ERP in some azimuthal direction or antenna HAAT, or both, up to the maximum permissible limits on TV power set forth in paragraph (b)(1), (2), or (3) of this section, as appropriate, up to that needed to provide the same geographic coverage area as the largest station within their market. Such requests must be accompanied by a technical showing that the increase complies with the technical criteria in § 73.620, and thereby will not result in new interference exceeding the

de minimis

standard set forth in that section, or statements agreeing to the change from any co-channel or adjacent channel stations that might be affected by potential new interference, in accordance with § 73.620(e). For the purposes of this paragraph:

(i) The maximum ERP value shall not exceed the maximum permitted at any height within the relevant zone consistent with the values permitted in paragraph (b)(1), (2), or (3) of this section. The associated maximum height for that given ERP may be exceeded.

(ii) Stations in the same Nielsen DMA are considered to be in the same market.

(iii) “Geographic coverage area” is defined as the number of square kilometers found within a station's F(50,90) contour as calculated in § 73.619. A station taking advantage of this provision need not specify coverage that is congruent with or encompassed by the largest station in the market.

§ 73.615

[Removed and Reserved]

11. Remove and reserve § 73.615.

12. Section 73.616 is amended by:

a. Revising the section heading;

b. Removing and reserving paragraphs (a), (b), and (c), and the introductory text to paragraph (d);

c. Revising the introductory text to paragraph (d)(1); and

d. Removing and reserving paragraphs (d)(2), (e) and (g).

The revisions read as follows:

§ 73.616

References to TV station interference protection methodology.

(d) [Reserved]

(1) For evaluating compliance with the requirements of this paragraph, interference to populations served is to be predicted based on the most recent official decennial U.S. Census population data as identified by the Media Bureau in a Public Notice issued not less than 60 days prior to use of the data for a specific year in application pro

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