[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Proposed Rules]
[Page 66591-66631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-20]
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Part II
Federal Communications Commission
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47 CFR Part 73
Advanced Television Systems and Their Impact Upon the Existing
Television Broadcast Service; Seventh Further Notice of Proposed
Rulemaking; Proposed Rule
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 87-268; FCC 06-150]
Advanced Television Systems and Their Impact Upon the Existing
Television Broadcast Service; Seventh Further Notice of Proposed
Rulemaking
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes a new DTV Table of
Allotments (``DTV Table''), providing all eligible stations with
channels for DTV operations after the DTV transition. The proposed DTV
Table is based upon the tentative channel designations (``TCDs'')
announced for eligible broadcast licensees and permittees
(collectively, ``licensees'') through the channel election process,
along with our efforts to promote overall spectrum efficiency and
ensure that broadcasters provide the best possible service to the
public, including service to local communities. Once effective, the
proposed DTV Table will guide stations in determining their build-out
obligations. The proposed DTV Table will ultimately replace the
existing DTV Table at the end of the DTV transition, when analog
transmissions by full-power television broadcast licensees must cease.
DATES: Comments for this proceeding are due on or before January 11,
2007; reply comments are due on or before February 12, 2007.
ADDRESSES: You may submit comments, identified by MB Docket No. 87-268,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.
Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Evan Baranoff, Evan.Baranoff@fcc.gov of the Media
Bureau, Policy Division, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Seventh Further Notice of Proposed Rulemaking (``Seventh FNPRM''), FCC
06-150, in docket MB Docket No. 87-268, adopted on October 10, 2006,
and released on October 20, 2006. The full text of this document is
available for public inspection and copying during regular business
hours in the FCC Reference Center, Federal Communications Commission,
445 12th Street, SW., CY-A257, Washington DC, 20554. These documents
will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/).
(Documents will be available electronically in ASCII, Word 97, and/or
Adobe Acrobat.) The complete text may be purchased from the
Commission's copy contractor, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. To request this document in accessible formats
(computer diskettes, large print, audio recording, and Braille), send
an e-mail to fcc504@fcc.gov or call the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Initial Paperwork Reduction Act of 1995 Analysis
The Seventh FNPRM does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
information collection burden ``for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Summary of the Notice of Proposed Rulemaking
I. Introduction
1. By this action, the Commission undertakes the final step in the
channel election process established in its Second Periodic Review of
the Commission's Rules and Policies Affecting the Conversion to Digital
Television (69 FR 59500, October 4, 2004) (``Second DTV Periodic Report
and Order'') and begins the final stage of the transition of the
nation's broadcast television system from analog to digital television
(``DTV''). Specifically, in the Seventh Further Notice of Proposed Rule
Making (``Seventh FNPRM''), the Commission proposes a new DTV Table of
Allotments (``DTV Table''), providing all eligible stations with
channels for DTV operations after the DTV transition.
2. In developing the proposed new allotments, the Commission has
attempted to accommodate broadcasters' channel preferences as well as
their replication and maximization service area certifications (made
via FCC Form 381). Our proposed DTV Table is based upon the tentative
channel designations (``TCDs'') announced for eligible broadcast
licensees and permittees (collectively, ``licensees'') through the
channel election process, along with our efforts to promote overall
spectrum efficiency and ensure that broadcasters provide the best
possible service to the public, including service to local communities.
Once effective, the proposed DTV Table will guide stations in
determining their build-out obligations. The proposed DTV Table will
ultimately replace the existing DTV Table at the end of the DTV
transition, when analog transmissions by full-power television
broadcast licensees must cease. The current DTV Table of Allotments is
contained in 47 CFR 73.622(b). We note that, at the end of the
transition, the current NTSC Table, contained in 47 CFR 73.606(b) will
become obsolete. We will address any rule amendments necessitated by
the end of analog service in a later proceeding. The current DTV Table
will govern stations' DTV operations until the end of the DTV
transition.
II. Background and Summary
A. The DTV Transition
3. The Commission established the existing DTV Table in the 1997
Sixth Report and Order (62 FR 26684, May 14, 1997) as part of its DTV
transition plan. In creating the existing DTV Table, the Commission
sought to accommodate all eligible, full-service broadcasters with a
second channel to provide DTV service in addition to their existing,
analog service. Eligibility to receive a second channel for DTV
operations was limited to existing broadcasters. In addition, the
Commission initiated a process by which the amount of spectrum devoted
to the television broadcast service would eventually be reduced. As a
result, television broadcast operations will be limited to the ``core
spectrum'' (i.e., channels 2-51) after the end of the transition,
enabling the recovery of a total of 108 MHz of spectrum (i.e., channels
52-69). The ``core spectrum'' is comprised of low-VHF channels 2 to 4
(54-72 MHz) and 5 to 6 (76-88 MHZ), VHF channels 7 to 13 (174-216 MHz)
and UHF channels 14-51 (470-698
[[Page 66593]]
MHz), but does not include TV channel 37 (608-614 MHz), which is used
for radio astronomy research. In order to protect sensitive radio
astronomy operations, TV Channel 37 is not used for NTSC or DTV
service. Channels 60-69 (746-806 MHz) were reallocated for public
safety and wireless communications services in 1998. Channels 52-59
were reallocated for new wireless services in 2001. Broadcast licensees
must cease operations outside the core spectrum after February 17,
2009, thereby making that spectrum available for public safety and
commercial wireless uses; see 47 U.S.C. 337(e)(1) (``Any full-power
television station licensee that holds a television broadcast license
to operate between 698 and 806 megahertz may not operate at that
frequency after February 17, 2009.'').
4. As required by statute, the second channel allotted in the
existing DTV Table is for use during the DTV transition, after which
each licensee must return to broadcasting on a single, six MHz channel.
In practice, some licensees' ultimate DTV channels will be entirely
different channels--not their NTSC channels or the channels allotted to
them for DTV transmission during the transition. In specifying the
second channels that broadcasters received for transitional use, the
Commission attempted to enable stations to ``replicate'' the service
area of their existing NTSC operations, i.e., to provide DTV service to
an area that is comparable to their existing NTSC service area. The
existing DTV Table also was designed to minimize interference to both
existing analog TV and new DTV service. The existing DTV Table,
codified in 47 CFR 73.622(b), was developed using the policies adopted
in the Sixth Report and Order and a computer allotment methodology. The
details of each station's channel assignment under the existing DTV
Table, including technical facilities and predicted service and
interference information, were set forth in the initial Appendix B of
the Sixth Report and Order (``initial Appendix B'').
B. The Channel Election Process
5. Broadcast licensees selected their ultimate (i.e. post-
transition) DTV channel inside the core spectrum through the channel
election process established by the Commission in the Second DTV
Periodic Report and Order. Under this process, licensees elected their
preferred post-transition channel during one of three rounds. Channel
elections that could be approved, as well as ``best available''
channels selected by Commission staff, were locked in as TCDs and
protected against new interference from subsequent channel elections
with a strong presumption that a station's TCD would be its channel
assignment proposed in the new DTV Table. Because the final channel
allotments can be established only through a rulemaking proceeding, we
propose the new DTV Table as an amendment to 47 CFR 73.622 in the
Seventh FNPRM in the DTV docket.
6. The channel election process was designed to be carried out in
seven steps, culminating in this rulemaking, the seventh and final
step. In order to facilitate the selection of channels and the
development of a final DTV Table, prior to the commencement of the
first step of the channel election process, the Media Bureau announced
a freeze on the filing of certain NTSC and DTV requests for allotment
or service area changes.
7. The first step of the channel election process addressed
preliminary matters and required all licensees to file a certification
(via FCC Form 381) in order to define their post-transition facility.
Licensees were required to file their certifications (via FCC Form 381)
by November 5, 2004. Stations that did not submit certification forms
by the deadline were evaluated based on replication facilities. In
these certifications, licensees had to decide whether they would (1)
Replicate their allotted facilities, (2) maximize to their currently
authorized facilities, or (3) reduce to a currently authorized smaller
facility. Many stations have applied for and been granted authorization
to operate at facilities that are different from the facilities that
were specified for their operation in the initial DTV Table and
Appendix B, as amended in 1998. In most cases, the facilities allowed
under these new authorizations allow stations to ``maximize'' their
service coverage to reach a larger population than the facilities
specified in the initial DTV Table.
8. The second step of the channel election process was the first
round of channel elections, in which only in-core licensees--those with
at least one in-core channel--could participate. In-core licensees that
participated in round one filed their channel elections (via FCC Form
382) by February 10, 2005. First-round electors were not permitted to
elect a channel that was not assigned to them unless rights to that
channel were obtained through a negotiated channel agreement (``NCA'')
with another licensee. At the close of the first round elections, the
Commission announced 1,554 TCDs, which included channels elected
through 25 NCAs. By Order released on June 8, 2005, the Media Bureau
approved 25 NCAs for the first round and rejected 12 NCAs, sending
those licensees to their contingent round one election or, if
necessary, to round two.
9. In the third step, the Commission analyzed the interference
conflicts arising out of the first round and offered licensees an
opportunity to resolve them (via FCC Form 383). After reviewing the
first round conflicts, the Commission announced an additional 159 TCDs,
bringing the total number of TCDs to 1,713.
10. The fourth step of the channel election process was the second
round of elections, in which the remaining licensees made their
elections. Licensees that participated in this round filed their
channel elections (via FCC Form 384) by October 31, 2005.
11. In the fifth step, the Commission analyzed the interference
conflicts arising out of the second-round elections and announced 75
TCDs, which included channels elected through two NCAs. The Commission
subsequently announced the consolidated total of first- and second-
round TCDs to be 1,789.
12. The sixth step of the channel election process was the third
and final round of elections, in which licensees without a TCD after
rounds one and two, as well as certain other eligible licensees, filed
a final channel election preference. Licensees with a TCD were eligible
to seek an alternative designation in the third round if they received
a TCD for a low-VHF channel (channels 2-6) or if their TCD was subject
to international coordination issues which the Commission has been
unable to resolve with the Canadian and Mexican governments. In the
third round, we received seven channel elections from stations that did
not have a TCD, 14 from stations that had a low-VHF TCD, and one from a
station that had an international coordination issue. Licensees that
participated in the third round filed their channel elections (via FCC
Form 386) by May 26, 2006. At the close of the third round, the
Commission announced 20 TCDs for eligible licensees, leaving only four
eligible stations without a TCD. The four eligible stations without
TCDs after the third round were: WABC-TV (New York, New York), WEDH-TV
(Hartford, Connecticut), KTFK(TV) (Stockton, California), and KVIE(TV)
(Sacramento, California). In the Third Round TCD PN, the Media Bureau
said that the Commission would resolve these situations in a subsequent
proceeding. We do so here in Section III.B., infra, and include these
final TCDs in our proposed new DTV Table.
[[Page 66594]]
III. Proposed DTV Table of Allotments
13. In the Seventh FNPRM, we now undertake the seventh and final
step of the channel election process by proposing a new DTV Table. The
proposed DTV Table includes a channel for each eligible broadcast
television station and is set forth in the proposed rules. The specific
technical facilities--effective radiated power (``ERP''), antenna
height above average terrain (``antenna HAAT''), antenna radiation
pattern, and geographic coordinates at which stations would be allowed
to operate under this Table--are set forth in the Appendix. The
Appendix also includes information on service area and population
coverage.
14. We believe that our proposed new DTV Table achieves the goals
set forth for the channel election process. First, the proposed new DTV
Table provides all eligible stations with channels for DTV operations
after the DTV transition. Second, we believe that our proposed new DTV
Table is the result of informed decisions by licensees when making
their channel elections and that licensees benefited from the clarity
and transparency of the channel election process. Third, we believe our
proposed new DTV Table recognizes industry expectations by protecting
existing service and respecting investments already made, to the extent
feasible. Finally, we believe the proposed new DTV Table reflects our
efforts to promote overall spectrum efficiency and ensure the best
possible DTV service to the public.
15. The channel assignments in the proposed DTV Table are primarily
based on the TCDs previously announced through the channel election
process; however, in order to promote overall spectrum efficiency and
ensure the best possible DTV service to the public, in some cases
Commission staff found it necessary to assign a different channel for
post-transition operation in order to minimize interference and
maximize the efficiency of broadcast allotments in the public interest.
We estimate that more than 98 percent of licensees participating in the
channel election process received a TCD for the channel they elected.
Approximately 10 licensees requested that the Commission identify a
``best available'' channel for them. In addition, approximately 30
licensees did not file a channel election form when required. Each of
these licensees was given a TCD either (1) On its in-core DTV channel,
if it had one, or (2) on its in-core NTSC channel if it did not have an
in-core DTV channel, and the NTSC channel did not cause impermissible
interference to another station. The remaining stations generally were
provided channels that would allow them to serve the full population
the station would reach with its certified facilities. In several
cases, however, it was necessary to provide stations with channels and
facilities that would enable service to a population less than that
which could be reached with their certified facilities. In those cases,
stations were provided with facilities that would at least enable
replication of their service coverage as set forth in the initial DTV
Table. Such stations (upon demonstration that they cannot construct
their full, authorized DTV facilities because doing so would cause
impermissible interference) may file requests for alternative channel
assignments, as discussed below in Section III.B., supra paragraph 22.
16. We invite comment on our proposed new DTV Table. We seek
comment on whether the channel assignments in the proposed DTV Table
will serve the Commission's goals of promoting overall spectrum
efficiency and ensuring the best possible DTV service to the public. We
ask that licensees review the accuracy of their information contained
in the proposed DTV Table and the Appendix, including whether it
properly reflects any conflict-resolving amendments to their
certifications, and comment on any inaccuracies or discrepancies. The
proposed DTV Table will ultimately replace the existing DTV and NTSC
Tables after the transition. We request comment on how best to time the
adoption and effective date of the proposed DTV Table so that it is
available for stations' reference and reliance in applying for
construction permits or modifications needed to implement their post-
transition facilities. We do not seek comment here on issues related to
the DTV transition other than the channel assignments in the proposed
DTV Table, as such issues will be addressed in a later proceeding.
A. Allotment Methodology and Evaluation of Interference Conflicts
17. In the Second DTV Periodic Report and Order, the Commission
stated that the staff would evaluate channel elections after each
channel election round in order to identify potential interference
conflicts. Interference conflicts were found to exist only where
licensees elected channels other than their current DTV channel, most
often for stations that elected their NTSC channels. It was not
necessary to determine the amount of interference caused by stations
that elected their current DTV channel because operation on those
channels would not result in new interference.
18. In developing the proposed DTV Table and the Appendix (which
sets forth the channel assignment, operating facilities, and service
information for individual stations), the staff used objective computer
analysis to perform the engineering evaluations for determining station
service coverage and interference. In performing these evaluations, the
staff relied on the technical standards and methods set forth in 47 CFR
73.622(e) and 73.623(c), which (1) define the geographic service area
of DTV stations, and (2) provide minimum interference technical
criteria for modification of DTV allotments included in the initial DTV
Table. Specifically, 47 CFR 73.622(e) defines a DTV station's service
area as the geographic area within the station's noise-limited F(50,90)
contour where its signal is predicted to exceed the noise-limited
service level. The F(50,90) designator indicates that a specified field
strength necessary for the provision of DTV service is expected to be
available at 50 percent of the locations 90 percent of the time. A
station's noise-limited contour is computed using its actual
transmitter location, ERP, antenna HAAT, and antenna radiation pattern.
47 CFR 73.623(c) sets forth the thresholds of desired-to-undesired (D/
U) ratio at which interference is considered to occur.
19. Consistent with 47 CFR 73.622(e) and 73.623(c), the staff used
the procedure set forth in Office of Engineering and Technology's OET
Bulletin No. 69 to make predictions of service coverage and
interference. This procedure uses the terrain-dependent Longley-Rice
point-to-point propagation model for predicting the geographic areas
and populations served by stations. Under the procedure in OET Bulletin
No. 69, the predicted geographic area and population served by a TV
station are reduced by any interference it receives from other
stations. In these evaluations, the staff examined interference
resulting from co-channel and first adjacent channel relationships in
accordance with the interference criteria for DTV allotments specified
in 47 CFR 73.623(c). The computer software used in this work is similar
to that used in performing the service coverage and interference
evaluations for the initial DTV Table and that the Media Bureau has
used to evaluate requests for modification of DTV facilities and
changes in channel allotments in the initial DTV Table. This software
provides analysis of service
[[Page 66595]]
coverage and interference on both a cumulative and individual-station
basis.
20. As indicated above, the staff used a database composed of TV
station authorizations to which licensees certified as of November 5,
2004 (the ``certification database''), including both analog and
digital stations, in processing channel elections. The certification
database was made available in tables attached to the Public Notice,
``DTV Channel Election Information and First Round Election Filing
Deadline.'' This database was used to determine and evaluate existing
DTV service populations, the benchmark amounts of existing
interference, and the new interference that would result from specific
channel elections. In deciding to rely on this database in the Second
DTV Periodic Report and Order, the Commission indicated that basing
stations' service evaluations on currently authorized facilities would
more accurately reflect current service to viewers than the parameters
specified for the initial DTV Table adopted in 1997, and amended in
1998, and would at the same time preserve the service areas of those
stations that constructed and are operating in accordance with the DTV
build-out schedules.
21. The Commission performed interference-conflict analyses in only
two circumstances: (1) Where a station elected a channel that was
different from its current DTV channel, and (2) to identify a ``best
available'' channel. In doing so, the staff calculated values for the
ERP and the directional antenna radiation pattern that would allow a
station to match its coverage area based on its certified facilities or
replication facilities, as appropriate. Calculations of new ERP and
antenna patterns for stations' elected channels were performed in the
same manner as those performed by the Commission to match DTV
facilities to analog facilities. New interference to post-transition
DTV operations was defined as interference beyond that caused by
existing analog and DTV operations, as set forth in the certification
database information. Evaluations of service coverage and interference
conflicts were based only on the populations determined to be receiving
service and new interference. The staff used population data from the
year 2000 census. In performing conflict analyses, the staff applied
the standard that an interference conflict exists when it was predicted
that more than 0.1 percent new interference would be caused to another
station. That is, the standard was that new interference was considered
to constitute a conflict when that new interference affected more than
0.1 percent of the population predicted to be served by the station in
the absence of that new interference.
22. In the Second DTV Periodic Report and Order, the Commission
recognized that a special accommodation was necessary if a station with
an out-of-core DTV channel elected to operate its post-transition DTV
station on its in-core analog channel. The Commission's goal was to
facilitate a station's election of its in-core analog channel if the
station did not have an in-core DTV channel. To this end, the
Commission recognized that the interference relationships between DTV-
to-DTV and NTSC-to-DTV operations are such that a DTV station serving
the same geographic area as its associated analog station would have a
1 dB greater interference impact on a co-channel DTV station than it
would have had as an analog station and an 8 dB greater impact on an
adjacent channel DTV station than it would have had as an analog
station, assuming the same coverage and locations for all stations.
Thus, DTV operation on a station's analog channel could result in new
interference. Unlike a station that has its DTV channel inside the
core, and therefore could avoid this new interference by electing its
in-core DTV channel, a station with an out-of-core DTV channel by
definition could not elect its DTV channel for post-transition use. A
station that did not have an in-core analog channel could not make use
of this special accommodation. The Commission stated that the 0.1
percent additional interference limit could be exceeded on a limited
basis in order to afford these stations an improved opportunity to
select their own NTSC channel. The Commission indicated that such
allowance is justified because these licensees have only one in-core
option available (i.e., their NTSC channel) and may need this
additional accommodation to be able to operate on their in-core channel
after the end of the transition. In developing the proposed DTV Table,
the staff allowed stations that were eligible to participate in the
channel election process and that had either an out-of-core DTV channel
or no DTV channel (i.e., a singleton with only an in-core analog
channel) to select their in-core NTSC channel for post-transition DTV
operation if it would cause no more than 2.0 percent new interference
to a protected DTV station. Any such stations that certified to their
maximized facilities, however, would be permitted to use the 2.0
percent standard only to the extent that the predicted new interference
also would not exceed the amount of interference that would have been
caused by replication facilities. Where post-transition use of its NTSC
channel by such a station was predicted to cause interference to a
protected station in excess of 2.0 percent of the protected station's
population coverage, the electing station was then made subject to the
normal conflict-resolution procedures.
23. Where a station in round one or round two elected and received
a TCD for a DTV channel that was not its current NTSC or DTV channel,
the interference potential of that new channel was included in the
service coverage and interference evaluations of subsequent elections.
That is, new channels elected and tentatively designated in round one
under approved NCAs were included in the service coverage and
interference evaluations of channels elected in rounds two and three.
Similarly, channels elected and tentatively designated in round two
were included in the service coverage and interference evaluations in
round three.
24. In cases where the licensee requested, or was given, a
Commission-determined ``best available'' channel for its station, the
staff used an ordered approach that balanced treatment of the station
for which a channel was to be provided and other stations, as follows.
The staff first analyzed the station's possible post-transition
operation on each in-core channel. On each channel, the staff examined
the interference impact and service coverage based on the station's
certified facilities. If there was a channel or channels where the
station could operate without causing new interference to another
station and provide adequate service, the staff gave it a TCD on that
channel. If there was more than one such channel, the staff generally
chose the lowest channel that was outside of the low-VHF band. In cases
where there was no channel that would allow the station to satisfy
these criteria when operating at its certified maximized facilities,
the staff re-examined the station's possible post-transition operation
on each in-core channel at its replication facilities. The staff then
selected a channel for the station that would result in the minimum
amount of new interference to protected stations. In these cases, the
objective was to achieve a balance that would minimize the amount of
interference that the subject station would cause to and receive from
other stations. In every ``best available'' channel determination, the
interference that other stations would receive from the TCD was less
than 2.0 percent.
[[Page 66596]]
B. Requests for Alternative Channel Assignments
25. At this stage in the DTV channel election process, we will
consider requests for alternative channel assignments only from (1)
licensees unable to construct full, authorized DTV facilities (The term
``full, authorized DTV facilities'' here refers to the original
facilities certified by the licensee in its FCC Form 381. We will not
preclude requests for alternative channel assignments from licensees
that modified their certified facilities after receiving a conflict
letter in the first and second channel election rounds.) on the TCDs
that they requested and received because, in order to avoid causing
impermissible interference to other TCDs and still obtain their
preferred channel, they had to agree to construct facilities on their
TCD that are smaller than those to which they had certified on FCC Form
381, (We will consider only engineering demonstrations here. Requests
based on financial or other reasons will not be considered.) (2)
licensees with international coordination issues which the Commission
has been unable to resolve with the Canadian and Mexican governments,
(3) licensees with TCDs for low-VHF channels (channels 2-6); and (4)
new licensees and permittees that attained such status after the start
of the channel election process and to which we assigned a TCD for
post-transition DTV operations because their assigned NTSC or DTV
channel was determined to cause impermissible interference to existing
licensees. Licensees that want to change their DTV allotment, but which
are not in any of these categories (e.g., are technically able to
construct their full, authorized DTV facilities on their existing TCD)
may request a change in allotment only after the proposed DTV Table is
finalized and must do so through the existing allotment procedures, as
set forth in 47 CFR 1.420. Parties seeking alternative channel
assignments consistent with this paragraph should file their requests
in accordance with the filing procedures set forth in Section IV.D.,
infra.
26. In assessing proposed alternative channel assignments, we will
also consider requests that include the consensual substitution of the
TCD of another station that is not otherwise eligible to request an
alternative channel assignment. We will consider such requests if it is
demonstrated that the additional channel substitution is technically
necessary to implement the eligible licensee's requested alternative
channel assignment. We will review requests involving a channel
substitution to assure compliance with the public interest and will
reject any such request if it would require acceptance of a significant
level of interference by, or result in a loss of service to, one or
both of the requesting stations. Licensees unable to construct their
full, authorized DTV facilities may also submit a technical showing
that a modification of the licensee's pre-freeze authorized DTV
facility--such as a change in transmitter site or an increase in
power--would permit construction of their full, authorized DTV
facilities with their present TCD or a substitute channel. Licensees
requesting alternative channel assignments will be required to continue
to protect the full, authorized DTV facilities of other licensees. We
will continue to limit additional interference to DTV stations to 0.1
percent during this seventh and final stage of the DTV channel election
process. Any request for an alternative channel assignment that causes
excess interference must be accompanied by a request for a waiver of
the 0.1 percent limit or the signed written consent of the affected
licensee. We propose to grant waivers of the 0.1 percent limit where
doing so would promote our overall spectrum efficiency objectives and
ensure the best possible service to the public, including service to
local communities.
27. At this time, we are continuing the freeze on requests for
changing DTV channels within the DTV Table and on new DTV channels, as
well as on the filing of modification applications by full-service
television and Class A television stations. From our past experience
when we adopted the initial DTV Table, we expect that we will receive
alternative channel requests from a number of licensees, and that
parties will file petitions for reconsideration of the Report and Order
adopted in this proceeding. Thus, the importance of a stable database
remains crucial until such time as the DTV Table is adopted and becomes
final. However, we may grant waivers on a case-by-case basis in
response to requests for alternative channel assignments. We will
determine when it is appropriate to lift the freeze in a future
proceeding.
C. Requests To Change Certified Facilities
28. By November 5, 2004, all DTV licensees were required to certify
whether they would construct replication or maximization facilities.
Forty-one stations did not timely file the appropriate form (FCC Form
381) and, therefore, were assigned replication facilities (or
authorized NTSC facilities if they were a single-channel NTSC-only
station). Of these stations, nine requested that we waive the freeze
and filing deadlines to accept their untimely maximization
certifications. Requests were filed on behalf of stations KFNB(TV),
Caspar, Wyoming; KLWY(TV), Cheyenne, Wyoming; WCJB-TV, Gainesville,
Florida; KOAA(TV), Pueblo, Colorado; KSCE(TV), El Paso, Texas; KOCE-TV,
Huntington Beach, California; WLMB(TV), Toledo, Ohio; WGGN-TV,
Sandusky, Ohio; and WLLA(TV), Kalamazoo, Michigan. We will permit these
licensees to file comments proposing a change to their certification to
specify maximized facilities for which they would have been allowed to
certify. We are also aware that there are cases where a station already
has constructed or received authorization to construct facilities on
its TCD that provide service to areas that extend beyond that to which
the station certified using FCC Form 381. Because the interference
protection that we provide is limited to the area to which a station
has certified, there is a possibility that stations serving or
authorized to serve areas beyond their certified area could become
subject to interference. If a licensee can demonstrate that the area
served by its authorized or constructed facilities extends beyond the
area to which it certified, it may file comments proposing to modify
its certified facilities to match its authorized or constructed
facilities.
29. Licensees requesting a modification of their certifications
must either (1) submit an engineering analysis demonstrating that their
proposed certified facilities would not result in interference in
excess of 0.1 percent to any licensee's existing TCD or (2) submit the
signed, written consent of every affected licensee. They will also be
required to accept interference from any channel election already
approved.
D. Resolution of TCDs Pending After Round Three
30. Our proposed DTV Table includes four proposed allotments that
were unresolved when we announced TCDs for the third round. These
channel designations represent challenging and difficult cases in
crowded markets that necessitate waiver of the freeze or the
interference standard in order to find appropriate channels for post-
transition operation that will ensure the best possible service to the
public and promote overall spectrum efficiency. We invite comment on
these proposed channel allotments.
[[Page 66597]]
31. New York, New York. In the first round of the channel election
process, American Broadcasting Companies, Inc. (``ABC''), the licensee
of WABC-TV, channel 7, and permittee of WABC-DT, channel 45, New York,
New York (WABC is the flagship station of the ABC Television Network
and is the sole ABC network station serving the New York market. ABC
was an early adopter of DTV technology, commencing operation with its
full, authorized DTV facility at the World Trade Center in 2001),
elected to use its analog channel 7 for digital operation at the end of
the DTV transition. The Media Bureau sent ABC a first-round conflict
letter because the elected NTSC channel was predicted to cause 2.8
percent new interference to the elected DTV channel of NCE station
WNJB-DT, channel *8, New Brunswick, New Jersey. ABC was unable to
resolve its conflict with The New Jersey Public Broadcasting Authority
(``NJPBA''), the permittee of WNJB-DT, within the allotted timeframe.
On August 15, 2005, ABC filed a request for a waiver of the 0.1 percent
interference standard used to calculate first round interference
conflicts in order to permit WABC to operate digitally on its current
analog allotment at the end of the DTV transition.
32. In its emergency petition for waiver, ABC contends that the 2.8
percent new interference it is predicted to cause to WNJB is based on
WNJB's maximized authorized facilities, which it has yet to build. ABC
also argues that the viewers who would potentially be affected by this
predicted new interference are either (1) outside the state of New
Jersey, or (2) within the state but served by WNJB's sister station,
WNJN, Montclair, New Jersey, which currently provides the same
programming as WNJB (WNJB is a satellite station of WNJT, Trenton). In
addition, ABC asserts that enforcement of the 0.1 percent new
interference standard in this instance would impose an undue hardship
on WABC by preventing it from replicating its current analog service
area, thus resulting in a loss of over-the-air service to current WABC
viewers. Further, ABC claims that post-transition operation on its
digital channel 45 would result in losses of service due to
interference from WOLF, Hazleton, Pennsylvania, and WEDH, Hartford,
Connecticut.
33. WPIX, Inc., another VHF broadcaster in the New York market,
joined in the waiver request in support of ABC. Educational
Broadcasting Corporation, licensee of NCE station WNET, licensed to
Newark, New Jersey, also filed in support of ABC's waiver request.
NJPBA opposed ABC's request and contends that WABC's service on its
digital channel 45 would not result in any loss of service area. ABC
offered to pay for WNJB to install a directional antenna to eliminate
most of the interference. NJPBA rejected ABC's engineering offer and
proposed instead that WNJB relocate its digital transmission facility
to the Empire State Building in New York City at no expense. The Media
Bureau deferred action on ABC's first round channel election until the
conclusion of the channel election process.
34. Subsequently, NJPBA indicated that it would be willing to co-
locate its transmitting facilities at Four Times Square in New York
City as a possible resolution to this issue. In response, ABC agreed
not to object to WNJB-DT's move to Four Times Square provided there was
favorable action on its election of channel 7 and related waiver
request. Both parties recognized, however, that the current Commission
freeze on major modification applications would prevent this
resolution. Ultimately, NJPBA stated that if the freeze is waived so
that WNJB-DT can apply to modify its facilities to co-locate at Four
Times Square, then it would no longer object to WABC operating on
channel 7. NJPBA also has asserted that the proposed co-location of
WNJB-DT and WABC-DT in New York would have the additional benefit of
reducing the amount of interference received by WABC-DT on channel 7
from WNJB-DT's currently authorized operations in New Jersey. This
potential agreement remains pending between the parties.
35. According to ABC, WABC-DT will provide a DTV service area with
a population of 19,324,895 operating on channel 7, approximately
300,000 more people than would receive such service on channel 45. ABC
also contends that channel 7 is more capable of replicating WABC's pre-
September 11, 2001 service area than channel 45. In addition, ABC
states that WABC's operation on digital channel 45 would be subject to
co-channel interference from operations on channel 45 in Pennsylvania
and Connecticut, which would affect nearly half a million people. ABC
predicts that its operation on channel 45 would result in a loss of
service to nearly 500,000 people. ABC notes that television receivers
are less tolerant of the co-channel interference among stations on
channel 45 than of the adjacent channel interference potentially
arising between WABC on channel 7 and WNJB on channel 8.
36. We conclude that the loss of service for WABC would affect
current viewers of WABC, while the predicted loss of service for WNJB
would affect areas outside of its current service area and primarily
outside of the State of New Jersey. ABC also points out that WABC's
move to UHF channel 45 would leave WPIX and WNET as the only New York
City stations on VHF channels (channel 11 and 13, respectively), which
could undermine a plan for digital VHF service in the New York market.
ABC also argues that UHF channels provide inferior service to indoor
antennas in urban areas in which buildings impede reception. We note,
too, that WABC is a pioneer of digital service, having built full-power
digital operations in 2001 and re-built them first at Four Times Square
and then on the Empire State Building, with a back-up facility at
Alpine Tower in New Jersey, after the September 11, 2001 loss of the
World Trade Center. In contrast, WNJB has not built its digital
facility and recently requested an extension of its STA beyond the July
1, 2006 ``use-or-lose'' deadline based on its status as a satellite
station. Based on all the factors in the record, we believe that the
public interest and the factors enumerated in the Second DTV Periodic
favor granting WABC a TCD on channel 7 notwithstanding the predicted
2.8 percent interference to WNJB on channel 8. We find that WABC's
continued transmission on channel 7 will benefit WABC's viewers, many
of whom have relied on VHF antennas for decades. Allotting channel 7 to
WABC provides the additional benefit of eliminating concerns about
potential interference between WABC and WEDH-TV, a NCE station in
Hartford, Connecticut (as discussed below in paragraphs 34-37, we
propose to allot channel *45 to WEDH-TV, which elected that channel
based on its pending swap application), and WOLF in Pennsylvania.
Accordingly, we grant ABC's request for waiver of the 0.1 percent
interference standard. We also note that NJPBA may apply in the future
to modify WNJB-DT's facilities to move to Four Times Square for post-
transition service. If that application is granted, WNJB's virtual
collocation with WABC-DT and other New York market stations would be
likely to reduce or eliminate the predicted interference to its digital
operations on channel 8.
37. Hartford and Norwich, Connecticut. Connecticut Public
Broadcasting, Inc. (``CPBI'') is the licensee of NCE stations WEDH-TV,
channel *24, Hartford, Connecticut and WEDN, channel *53, Norwich,
Connecticut. In the existing DTV Table, WEDH was assigned digital
channel *32 and WEDN was assigned digital channel
[[Page 66598]]
*45. In 1999, CPBI filed an application to swap the digital channels
between these two stations. This swap application has remained in a
pending status. In 2004, CPBI filed a petition for rulemaking to
substitute channel *9 as WEDN's digital channel, and the Media Bureau
issued a Notice of Proposed Rulemaking proposing the channel
substitution.
38. The Second DTV Periodic Report and Order stated that, during
the channel election process, we would protect channels proposed in
outstanding rule makings where a Notice of Proposed Rulemaking had been
issued, and that we would permit licensees to elect a channel if an
NPRM had been issued with respect to a channel change. The Second DTV
Periodic Report and Order did not specifically address how DTV channels
in a pending swap application would be treated.
39. In the first round of the channel election, WEDH-TV elected
channel *45 in reliance on the pending 1999 channel swap application,
and WEDN elected channel *9 based on the related pending channel
substitution rulemaking. Because these elections are based on matters
that were pending before the commencement of the channel election
process, the 2.0 percent standard set forth in 47 CFR 73.623(c)(2)
applies. Our engineering study confirms that the channels elected by
CPBI for its Hartford and Norwich stations comply with the 2.0 percent
technical standard. Neither WEDH's digital facilities on channel *45
nor WEDN's digital operations on channel *9 would cause more than 2.0
percent interference to adjacent or co-channel stations. WEDN received
a TCD for channel *9, but WEDH did not get a TCD for channel *45 due to
the unresolved status of stations' channel elections in an adjacent
market. WABC-TV in New York had elected its allotted digital channel 45
but contended that WEDH's operation on channel 45 at Hartford would
result in a loss of WABC-DT service to approximately 300,000 viewers.
WABC-TV preferred to elect its NTSC channel 7. In light of the pending
inter-related issues concerning channel 45 in this congested area, we
declined to approve TCDs for WABC or WEDH.
40. We believe the public interest would be served by allotting DTV
channel *45 to Hartford as well as channel *9 to Norwich, which was
tentatively designated after round one. According to CPBI, doing so
will enable station WEDH-DT to increase service to an additional
1,275,810 people while reducing its operating costs and, similarly,
enable WEDN to increase DTV service to an additional 1,029,678 people
while reducing its operating costs. We also note that our proposal
facilitates a successful resolution of the channel election process in
a highly congested area of the country. For example, WABC-DT's
contention that CPBI's proposed operation on channel 45 at Hartford
would result in an increase in interference for approximately 300,000
viewers was factored into our conclusion, above, that the public
interest would be served by allotting channel 7, rather than channel
45, as WABC-DT's post-transition digital channel. In particular,
replacing WEDH's allotted DTV channel *32 with channel *45 eliminates
potential interference from channel 33, which WCBS (New York) elected
in round two. WCBS was predicted to cause 0.5 percent interference to
WEDH (20,311 people) if it remained on channel 32. WCBS agreed to
reduce its facilities to comply with the 0.1 percent standard, thus
reducing service significantly. As a result of approving WEDH's TCD for
channel *45, WCBS would no longer be required to reduce its facilities
in this respect. Therefore, we have adjusted the proposed parameters
for WCBS in the Appendix to describe their certified facility, rather
than the reduced facility they had submitted to resolve the conflict
with WEDH's operation on channel 32. In submitting its engineering to
resolve the interference conflict in the second round, WCBS had also
indicated its intention to withdraw the reduced facility in the event
that WEDH would not be operating post-transition on channel 32.
Moreover, since the communities of Hartford and Norwich are located
within 400 kilometers of the U.S.-Canadian border, concurrence by the
Canadian government was sought and has been obtained for the allotments
on channels *45 and *9, respectively. The Commission permitted
licensees subject to international coordination to certify to operate
their post-transition DTV channel pursuant to a pending DTV application
for maximized facilities that had not yet been authorized because of a
pending international coordination issue. Accordingly, we propose to
allot channel *45 to Hartford and channel *9 to Norwich, and these
allotments are included in our proposed DTV Table. Both the application
and rulemaking proceedings associated with the changes CPBI requested
for its Hartford and Norwich stations are superseded by our actions
herein, and parties that previously objected to the use of channels *45
and *9, as proposed in the swap application and channel substitution
NPRM, may file comments in response to our proposal here.
41. Stockton, California. Telefutura Sacramento, LLC is the
licensee of station KTFK(TV), NTSC channel 64 and KTFK-DT, DTV channel
62, Stockton, California. In the second round, Telefutura elected
channel 26 as part of a NCA with other licensees in the region. The NCA
was approved only in part, with Telefutura's election being rejected
for violating the freeze. In the third round, Telefutura again elected
channel 26 and proposed to move its transmitter site from Mount Diablo
to the Walnut Grove antenna farm, which is closer to its community of
license. This channel is acceptable under the 0.1 percent criterion
that is applied in evaluating DTV channel elections in this proceeding.
But in order to do so, Telefutura must modify its station's facilities
to change its station's geographic coverage area, which would violate
the freeze imposed in connection with the DTV channel election process.
42. Mount Diablo is located near the border between the San
Francisco and Sacramento-Stockton-Modesto Designated Market Areas
(DMAs), and KTFK and the other station on Mt. Diablo were required to
elect channels which would not cause interference to stations in either
market. Telefutura has submitted a comprehensive engineering analysis
showing that, with the exception of low-VHF channels, only channel 14
is suitable for use on Mt. Diablo, and channel 14 was elected by the
other Mt. Diablo licensee, pursuant to a NCA with Telefutura and other
licensees in the region.
43. The proposed move to the Walnut Grove antenna farm will permit
Telefutura to co-locate KTFK with the other stations in the Sacramento-
Stockton-Modesto DMA. According to Telefutura, this move will provide
new Telefutura network service to more than 440,000 viewers in KTFK's
DMA. While viewers in the San Francisco DMA will lose KTFK service due
to terrain blockage, these viewers receive the same network programming
from KTFK's ``sister'' station, KFSF, Vallejo, California. In addition,
the entire loss area is served by numerous other NTSC and DTV stations.
Based on the record before us, and in order to promote overall spectrum
efficiency and ensure the best possible DTV service to the public, we
believe that the public interest would be served by waiving the freeze
to permit modification of KTFK's certified facilities. We believe our
proposal facilitates a successful resolution of the channel election
process in a highly congested area.
[[Page 66599]]
Further, our proposal improves service to KTFK's community of license
and the local area. In addition, our proposal will facilitate adoption
of the final DTV Table and avoid the allotment of a low-VHF channel,
which the Commission has long disfavored. The Commission has recognized
in this proceeding that low-VHF channels are subject to technical
penalties, including higher ambient noise levels and, in the case of
channel 6, concerns of possible interference to and from FM radio
service. Accordingly, we propose to allot channel 26 to Stockton as
specified in our proposed DTV Table. Because we propose here to give
Telefutura its desired TCD for channel 26, we dismiss as moot
Telefutura's application for review of the denial of its second round
channel election.
44. Sacramento, California. KVIE, Inc. is the licensee of NCE
television station KVIE(TV), Sacramento, California. KVIE currently
operates on NTSC channel *6 and was assigned out-of-core DTV channel
*53. As a licensee with only one in-core channel, KVIE elected to
release channel *6 and participate in the second round of elections. In
that round, KVIE elected channel *9 as part of a NCA with five other
licensees in the Bay Area, but elected channel *6 in response to the
conflict letter it received. As a licensee with a low-VHF TCD, KVIE was
permitted to seek an alternative TCD in the third round, and did so by
again electing (via FCC Form 386) channel *9.
45. In its application, KVIE acknowledges that its proposal is
predicted to cause 1.3 percent new interference to the TCD of DTV
channel *9 for NCE station KIXE-TV, Redding, California. KVIE argues,
however, that use of channel 6 would provide inferior service to its
viewers, and that the public interest would be better served by
Commission approval of KVIE's third round channel selection. KVIE
argues that requiring it to operate on channel 6 post-transition
``would frustrate the public interest because the use of a low-VHF band
channel would not only prevent KVIE from providing the best possible
digital service, but would also create a preclusive effect on NCE FM
station operations in the area.'' The Northern California Educational
Television Association filed comments opposing KVIE's request, arguing
that KVIE does not provide any evidence that channel 6 is inferior to
channel 9, and that it is KVIE's responsibility to protect FM radio
stations from interference. In the Third Round TCD PN, the Media Bureau
said this case would be addressed in a subsequent proceeding.
46. As noted above, the Commission has long disfavored the use of
channel 6 as a DTV allotment. When it adopted the initial DTV Table,
the Commission sought to minimize the potential for interference
between DTV and FM radio service by avoiding the use of channel 6 for
DTV whenever possible, which resulted in only one channel 6 allotment
in the initial DTV Table.
47. We conclude that the public interest would be served by waiving
the 0.1 percent interference standard with respect to KIXE. Based on
staff engineering analysis, we believe that, at most, 4,921 people
within the KIXE contour (out of a total population of 375,342) would
receive interference from KVIE's operation on DTV channel 9.
Conversely, more than 4 million people residing within the KVIE service
area will receive a superior DTV signal from KVIE on channel 9.
Accordingly, we propose to allot channel *9 to Sacramento for post-
transition DTV operations in our proposed DTV Table. KIXE elected its
NTSC channel *9 as its TCD in the first round. KIXE may, if it wishes,
file comments proposing to substitute its allotted DTV channel *18, or
another channel, for its present TCD.
E. International Coordination
48. Border Coordination. Creating a new DTV Table has been a
continuing cooperative North American effort, involving complex matters
that require careful study and planning by parties on both sides of the
negotiation. Under international arrangements with Canada and Mexico,
the Commission must obtain concurrence by the Canadian government for
any proposed allotments located within 400 kilometers of the U.S.-
Canadian border, and by the Mexican government for any proposed
allotments located within 275 kilometers of the U.S.-Mexican border.
Our international negotiations are continuing in a cooperative manner
and we do not believe these negotiations will delay stations' ability
to construct their post-transition DTV facilities.
49. We announce here that Industry Canada has objected to the
allotment of the TCDs for WBSF-DT, Bay City, Michigan and KAYU-DT,
Spokane, Washington. Accordingly, while we include their TCD channels
in our proposed DTV Table, we seek comment from these licensees
concerning whether they are willing to reduce coverage on their TCD
channel in order to address Canadian concerns. As indicated above, they
may also request an alternative post-transition DTV channel allotment.
F. Treatment of New Licensees and Permittees and Pending Applications
for New Stations
50. In the Second DTV Periodic Report and Order, the Commission
stated that only Commission licensees and permittees were entitled to
participate in the channel election process; applicants for new
stations and petitioners for new allotments would not be allowed to
make channel elections. The Commission noted that there were
applications for approximately 50 new NTSC stations that were pending
since before 1997. Several of these applications have since been
granted after the start of the channel election process, resulting in
new licensees and permittees that were not eligible to take part in the
channel election process. Two of these permittees filed channel
elections in round three; seven others, similarly situated, did not. In
the Third Round TCD PN, we did not announce TCDs for these stations
because they were authorized after the completion of the first round
and, therefore, were not eligible to participate in the channel
election process. Accordingly, at this time, we will accommodate these
new licensees and permittees with TCDs in our proposed DTV Table.
51. For some of these new licensees and permittees, we have
determined that their NTSC or DTV channel is appropriate for post-
transition DTV operations. This group consists of: (1) WMBF-TV, channel
32, Myrtle Beach, South Carolina; (2) KWKS, channel 19, Colby, Kansas;
and (3) BPCT-960920KY, channel 47, Presque Isle, Maine. Thus, we have
tentatively designated their current channel for post-transition DTV
operations in our proposed DTV Table.
52. For others of these new licensees and permittees, we have
determined that their NTSC or DTV channel is not appropriate for post-
transition DTV operations because it would cause impermissible
interference to a protected TCD. This group consists of: (1) WHRE,
channel 21, Virginia Beach, Virginia; (2) KNIC-TV, channel 17, Blanco,
Texas; (3) BPCDT-960920WX, channel 18, Mobile, Alabama; and (4) BPCT-
960920WR, channel 29, Gainesville, Florida. DTV operation of the
Virginia Beach, Virginia NTSC license on channel 21 (WHRE) would cause
28.9 percent new interference to the channel 20 TCD of WUND-TV,
Edenton, North Carolina. DTV operation of the Blanco, Texas NTSC CP on
channel 17 (KNIC-TV) would cause 0.8 percent new interference to the
channel 16 TCD of KHCE-TV, San Antonio,
[[Page 66600]]
Texas. DTV operation of the Mobile, Alabama DTV CP on channel 18
(BPCDT-960920WX) would cause 0.4 percent new interference to the
channel 18 TCD of WMAU-TV, Bude, Mississippi. DTV operation of the
Gainesville, Florida, NTSC CP on channel 29, (BPCT-960920WR) would
cause 0.6 percent new interference to the channel 29 TCD of WFTS-TV,
Tampa, Florida. Thus, we have tentatively designated a ``best
available'' channel for their post-transition DTV operations in our
proposed DTV Table. We will allow these stations to request alternative
channel assignments through the procedure discussed above in Section
III.B., supra. These stations may wish to propose an alternative
channel that could be used both during the transition as well as post-
transition.
53. We note that additional pending applications may be granted
before an Order finalizing the DTV Table is adopted. To the extent
possible, we will accommodate these future new permittees in our
proposed DTV Table, consistent with the approach described above for
existing new permittees. In order to provide interested parties with
the opportunity to comment, the Media Bureau will issue public notices,
to be published in the Federal Register, announcing TCDs for the new
permittees that attain permittee status during the pendency of this
rulemaking proceeding. If necessary, the Media Bureau is directed to
establish a separate pleading cycle so that interested parties are
given sufficient time to comment. Comments filed in response to such
public notices will be incorporated into the record in this proceeding.
54. Applicants that receive a construction permit after the close
of the comment period in this proceeding may either construct their
analog facilities or apply to the Commission for permission to
construct a digital facility on their analog channel. Such digital
facilities are for operation during the transition. Such permittees may
request authorization to continue their DTV operations on their NTSC
channels after the transition. We anticipate that, in most instances,
the same channel that was allotted in the NTSC Table will be allotted
in the DTV Table. In the event that the NTSC channel is not suitable
for DTV operations, such as if it would cause new interference in
excess of 0.1 percent to another DTV station's operations on its
allotted channel, we will determine a ``best available'' channel.
Before the end of the transition, we will issue a NPRM to amend the DTV
Table in order to allot a DTV channel for each remaining authorized
facility that does not have an allotted DTV channel.
IV. Procedural Matters
A. Initial Regulatory Flexibility Act Analysis
55. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA'') the Commission has prepared this present Initial
Regulatory Flexibility Analysis (``IRFA'') concerning the possible
significant economic impact on small entities by the policies and rules
proposed in the Seventh FNPRM. Written public comments are requested on
this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments indicated on the first page
of the Seventh FNPRM. The Commission will send a copy of the Seventh
FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA). In addition, the Seventh FNPRM and
IRFA (or summaries thereof) will be published in the Federal Register.
Need for and Objectives of the Proposed Rules
56. The Seventh FNPRM proposes a new DTV Table of Allotments (``DTV
Table''), providing all eligible broadcast television stations with
channels for DTV operations after the DTV transition. The new DTV Table
will affect all commercial and noncommercial broadcast television
stations, including low power and TV translator stations.
57. The proposed new DTV Table is based on the tentative channel
designations (``TCDs'') announced for eligible broadcast licensees
through the channel election process, as well as on the Commission's
efforts to promote overall spectrum efficiency and ensure the best
possible service to the public, including service to local communities.
During this election process, which was established by the Second DTV
Periodic Report and Order, broadcast licensees selected their ultimate
DTV channel inside the ``core spectrum,'' consisting of current
television channels 2 through 51 (54-698 MHz). In developing the
proposed new allotments, the Commission sought to accommodate
broadcasters' channel preferences, as well as their replication and
maximization service area certifications (made via FCC Form 381).
58. We believe our proposed new DTV Table achieves the goals set
forth for the channel election process. First, the proposed new DTV
Table provides all eligible stations with channels for DTV operations
after the DTV transition. Second, we believe our proposed new DTV Table
is the result of informed decisions by licensees when making their
channel elections and that licensees benefited from the clarity and
transparency of the channel election process. Third, we believe our
proposed new DTV Table recognizes industry expectations by protecting
existing service and respecting investments already made, to the extent
feasible. Finally, we believe the proposed new DTV Table reflects our
efforts to promote overall spectrum efficiency and ensure the best
possible DTV service to the public.
Legal Basis
59. The authority for the action proposed in this rulemaking is
contained in sections 1, 4(i) and (j), 5(c)(1), 7, 301, 302, 303, 307,
308, 309, 316, 319, 324, 336, and 337 of the Communications Act of
1934, 47 U.S.C 151, 154(i) and (j), 155(c)(1), 157, 301, 302, 303, 307,
308, 309, 316, 319, 324, 336, and 337.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
60. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the proposed rules, if adopted. The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' small organization,'' and ``small government
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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. The proposed
rules, if adopted, in the Seventh FNPRM, will primarily affect
television stations. A description of such small entities, as well as
an estimate of the number of such small entities, is provided below.
61. Television Broadcasting. The proposed rules and policies apply
to television broadcast licensees and potential licensees of television
service. The SBA defines a television broadcast station as a small
business if such station has no more than $13 million in annual
receipts. Business concerns included in this industry are those
``primarily engaged in broadcasting images together with sound.''
According to Commission staff review of the BIA Publications, Inc.
Master Access Television Analyzer Database (BIA) on
[[Page 66601]]
June 16, 2006, about 915 of the 1,305 commercial television stations
(or about 70 percent) have revenues of $13 million or less and thus
qualify as small entities under the SBA definition. We note, however,
that, in assessing whether a business concern qualifies as small under
the above definition, business (control) affiliations 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.
62. In addition, an element of the definition of ``small business''
is that the entity not be dominant in its field of operation. We are
unable at this time to define or quantify the criteria that would
establish whether a specific television station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply do not exclude any television station from the
definition of a small business on this basis and are therefore over-
inclusive to that extent. Also as noted, an additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. We note that it is difficult at times
to assess these criteria in the context of media entities and our
estimates of small businesses to which they apply may be over-inclusive
to this extent.
63. Class A TV, LPTV, and TV translator stations. The proposed
rules and policies also apply to licensees of Class A TV stations, low
power television (LPTV) stations, and TV translator stations, as well
as to potential licensees in these television services. The same SBA
definition that applies to television broadcast licensees would apply
to these stations. The SBA defines a television broadcast station as a
small business if such station has no more than $13 million in annual
receipts. Currently, there are approximately 589 licensed Class A
stations, 2,157 licensed LPTV stations, and 4,549 licensed TV
translators. Given the nature of these services, we will presume that
all of these licensees qualify as small entities under the SBA
definition. We note, however, that under the SBA's definition, revenue
of affiliates that are not LPTV stations should be aggregated with the
LPTV station revenues in determining whether a concern is small. Our
estimate may thus overstate the number of small entities since the
revenue figure on which it is based does not include or aggregate
revenues from non-LPTV affiliated companies. We do not have data on
revenues of TV translator or TV booster stations, but virtually all of
these entities are also likely to have revenues of less than $13
million and thus may be categorized as small, except to the extent that
revenues of affiliated non-translator or booster entities should be
considered.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
64. The proposals set forth in the Seventh FNPRM would involve no
changes to reporting, recordkeeping and other compliance requirements
beyond what is already required under the current regulations.
Steps Taken to Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
65. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
66. The proposed new DTV Table provides all eligible broadcast
television stations--large and small alike--with channels for post-
transition DTV operations. Small broadcasters, just like large ones,
benefited from participating in the channel election process. The
proposed new DTV Table is the result of informed decisions by licensees
when making their channel elections and licensees benefited from the
clarity and transparency of the channel election process. Moreover, the
proposed new DTV Table recognizes industry expectations by protecting
existing service and respecting investments already made, to the extent
feasible. The TCDs announced primarily were based on the channels
elected by licensees. We estimate that more than 98 percent of
licensees participating in the channel election process received a TCD
for the channel they elected. The Seventh FNPRM invites comment from
broadcasters, including small broadcasters, on the proposed new DTV
Table.
67. In addition, the Seventh FNPRM provides an opportunity for
certain licensees demonstrating special circumstances to request
alternative channel assignments. The Commission will consider requests
for alternative channel assignments only from (1) licensees who
demonstrate that they cannot construct their full, authorized DTV
facilities (The term ``full, authorized DTV facilities'' here refers to
the original facilities certified by the licensee in its FCC Form 381.
We will not preclude requests for alternative channel assignments from
licensees that modified their certified facilities after receiving a
conflict letter in the first and second channel election rounds.) with
their present TCD because doing so would cause unacceptable
interference to protected TCDs (We will consider only engineering
demonstrations here. Requests based on financial or other reasons will
not be considered.), (2) licensees with international coordination
issues which the Commission has been unable to resolve with the
Canadian and Mexican governments, (3) licensees with TCDs for low-VHF
channels (channels 2-6); and (4) new licensees and permittees that
attained such status after the start of the channel election process
and to which we assigned a TCD for post-transition DTV operations
because their assigned NTSC channel was determined to cause
impermissible interference to existing licensees. Licensees that want
to change their DTV allotment, but which are not in any of these
categories (e.g., are technically able to construct their full,
authorized DTV facilities on their existing TCD) may request a change
in allotment only after the proposed DTV Table is finalized and must do
so through the existing allotment procedures, as set forth in 47 CFR
1.420. We believe small broadcasters with special circumstances will
benefit from this opportunity. We also seek comment from small
broadcasters on whether additional measures need to be taken in order
to facilitate small broadcasters' transition to their ultimate DTV
channel.
Federal Rules Which Duplicate, Overlap, or Conflict with the
Commission's Proposals
68. None.
B. Initial Paperwork Reduction Act of 1995 Analysis
69. The Seventh FNPRM has been analyzed with respect to the
Paperwork Reduction Act of 1995 (``PRA''), and does not contain
proposed information collection requirements. In addition, therefore,
it does not contain any new or modified ``information collection burden
for small business concerns with fewer than 25 employees,'' pursuant to
[[Page 66602]]
the Small Business Paperwork Relief Act of 2002.
C. Ex Parte Rules
70. Permit-But-Disclose. This proceeding will be treated as a
``permit-but-disclose'' proceeding subject to the ``permit-but-
disclose'' requirements under 47 CFR 1.1206(b). Ex parte presentations
are permissible if disclosed in accordance with Commission rules,
except during the Sunshine Agenda period when presentations, ex parte
or otherwise, are generally prohibited. Persons making oral ex parte
presentations are reminded that a memorandum summarizing a presentation
must contain a summary of the substance of the presentation and not
merely a listing of the subjects discussed. More than a one-or two-
sentence description of the views and arguments presented is generally
required. Additional rules pertaining to oral and written presentations
are set forth in 47 CFR 1.1206(b).
D. Filing Requirements
71. Comments and Replies. Pursuant to 47 CFR 1.415 and 1.419,
interested parties may file comments and reply comments on or before
the dates indicated on the first page of this document. Comments may be
filed using: (1) The Commission's Electronic Comment Filing System
(``ECFS''), (2) the Federal Government's eRulemaking Portal, or (3) by
filing paper copies.
72. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should
follow the instructions provided on the Web site for submitting
comments. For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
73. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street, SW., Washington DC 20554.
74. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street, SW., CY-A257, Washington,
DC 20554. These documents will also be available via ECFS. Documents
will be available electronically in ASCII, Word 97, and/or Adobe
Acrobat.
75. Accessibility Information. To request information in accessible
formats (computer diskettes, large print, audio recording, and
Braille), send an e-mail to fcc504@fcc.gov or call the FCC's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY). This document can also be downloaded in Word and Portable
Document Format (PDF) at: http://www.fcc.gov.
76. Additional Information. For additional information on this
proceeding, contact Evan Baranoff, Evan.Baranoff@fcc.gov, or Eloise
Gore, Eloise.Gore@fcc.gov, of the Media Bureau, Policy Division, (202)
418-2120; Nazifa Sawez, Nazifa.Sawez@fcc.gov, of the Media Bureau,
Video Division, (202) 418-1600; or Alan Stillwell,
Alan.Stillwell@fcc.gov, of the Office of Engineering and Technology,
(202) 418-2470.
V. Ordering Clauses
77. Accordingly, it is ordered that pursuant to sections 1, 4(i)
and (j), 7, 301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337
of the Communications Act of 1934, 47 U.S.C 151, 154(i) and (j), 157,
301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337 that notice
is hereby given of the proposals and tentative conclusions described in
the Seventh FNPRM, including the proposed DTV Table of Allotment and
amendments to part 73 of the Commission's rules, as set forth in the
proposed rules.
78. It is further ordered that the Reference Information Center,
Consumer Information Bureau, shall send a copy of this Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 73
Digital television, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
2. Section 73.622 is amended by adding new paragraph (i) to read as
follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(i) Post-Transition Table of DTV Allotments.
[[Page 66603]]
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
ALABAMA
------------------------------------------------------------------------
Anniston.................................. 9
Bessemer.................................. 18
Birmingham................................ *10, 13, 30, 36, 50
Demopolis................................. *19
Dothan.................................... 21, 36
Dozier.................................... *10
Florence.................................. 14, 20, *22
Gadsden................................... 26, 45
Gulf Shores............................... 25
Homewood.................................. 28
Huntsville................................ 19, *24, 32, 41, 49
Louisville................................ *44
Mobile.................................... 9, 15, 20, 23, 27, *41
Montgomery................................ 12, 16, *27, 32, 46
Mount Cheaha.............................. *7
Opelika................................... 47
Ozark..................................... 33
Selma..................................... 29, 42
Troy...................................... 48
Tuscaloosa................................ 23, 33
Tuskegee.................................. 22
------------------------------------------------------------------------
ALASKA
------------------------------------------------------------------------
Anchorage................................. 5, *8, 10, 12, 20, *26, 28,
32
Bethel.................................... *3
Fairbanks................................. 7, *9, 11, 18
Juneau.................................... *10, 11
Ketchikan................................. 13
North Pole................................ 4
Sitka..................................... 2
------------------------------------------------------------------------
ARIZONA
------------------------------------------------------------------------
Douglas................................... 36
Flagstaff................................. 2, 13, 18, 32
Green Valley.............................. 46
Holbrook.................................. *11
Kingman................................... 19
Mesa...................................... 12
Phoenix................................... *8, 10, 15, 17, 20, 24, 26,
33, 39, 49
Prescott.................................. 7
Sierra Vista.............................. 44
Tolleson.................................. 51
Tucson.................................... 9, 19, 23, 25,*28, *30, 32,
40
Yuma...................................... 11, 16
------------------------------------------------------------------------
ARKANSAS
------------------------------------------------------------------------
Arkadelphia............................... *13
Camden.................................... 49
El Dorado................................. *12, 27, 43
Eureka Springs............................ 34
Fayetteville.............................. *9, 15
Fort Smith................................ 18, 21, 27
Harrison.................................. 31
Hot Springs............................... 26
Jonesboro................................. 8, *20, 48
Little Rock............................... *7, 12, 22, 30, 32, *36, 44
Mountain View............................. *13
Pine Bluff................................ 24, 39
Rogers.................................... 50
Springdale................................ 39
------------------------------------------------------------------------
CALIFORNIA
------------------------------------------------------------------------
Anaheim................................... 32
Arcata.................................... 22
Avalon.................................... 47
Bakersfield............................... 10, 25, 33, 45
Barstow................................... 44
Bishop.................................... 20
Calipatria................................ 36
Ceres..................................... *15
Chico..................................... 24, 43
Clovis.................................... 43
Concord................................... 14
Corona.................................... 39
Cotati.................................... *23
El Centro................................. 9, 22
Eureka.................................... 3, *11, 17, 28
Fort Bragg................................ 8
Fresno.................................... 7, 30, 34, 38, *40
Hanford................................... 20
Huntington Beach.......................... *48
Long Beach................................ 18
Los Angeles............................... 7, 9, 11, 13, *28, 31, 34,
36, *41, 42, 43
Merced.................................... 11
Modesto................................... 18
Monterey.................................. 31, 32
Novato.................................... 47
Oakland................................... 44
Ontario................................... 29
Oxnard.................................... 24
Palm Springs.............................. 42, 46
Paradise.................................. 20
Porterville............................... 48
Rancho Palos Verdes....................... 51
Redding................................... 7, *9
Riverside................................. 45
Sacramento................................ *9, 10, 21, 35, 40, 48
Salinas................................... 8, 13
San Bernardino............................ *26, 38,
San Diego................................. 8, 10, 18, 19, *30, 40
San Francisco............................. 7, 19, 27, 29, *30, *33, 38,
39, 45, 51
San Jose.................................. 12, 36, 41, 49, *50
San Luis Obispo........................... 15, 34
San Mateo................................. *43
Sanger.................................... 36
Santa Ana................................. 23
Santa Barbara............................. 21, 27
Santa Maria............................... 19
Santa Rosa................................ 32
Stockton.................................. 25, 26, 46
Twentynine Palms.......................... 23
Vallejo................................... 34
Ventura................................... 49
Visalia................................... 28, *50
Watsonville............................... *25
------------------------------------------------------------------------
COLORADO
------------------------------------------------------------------------
Boulder................................... 15
Broomfield................................ *38
Castle Rock............................... 46
Colorado Springs.......................... 10, 22, 24
Denver.................................... 7, 9, *18, 19, 32, 34, 35,
*40, 43, 51
Durango................................... 15, *20, 33
Fort Collins.............................. 21
Glenwood Springs.......................... 23
Grand Junction............................ 2, 7, 12, 15, *18
Longmont.................................. 29
Montrose.................................. 13
Pueblo.................................... *8, 42
Steamboat Springs......................... 10
Sterling.................................. 23
------------------------------------------------------------------------
CONNECTICUT
------------------------------------------------------------------------
Bridgeport................................ 42, *49
Hartford.................................. 31, 33, *45, 46
New Britain............................... 35
New Haven................................. *6, 10, 39
New London................................ 26
Norwich................................... *9
Waterbury................................. 20
------------------------------------------------------------------------
DELAWARE
------------------------------------------------------------------------
Seaford................................... *44
Wilmington................................ *12, 31
------------------------------------------------------------------------
DISTRICT OF COLUMBIA
------------------------------------------------------------------------
Washington................................ 7, 9, *27, *33, 35, 36, 48,
50
------------------------------------------------------------------------
FLORIDA
------------------------------------------------------------------------
Boca Raton................................ *40
Bradenton................................. 42
Cape Coral................................ 35
Clearwater................................ 21
Clermont.................................. 17
Cocoa..................................... *30, 51
Daytona Beach............................. 11, 49
Destin.................................... 48
Fort Lauderdale........................... 30
Fort Myers................................ 9, 15, *31
Fort Pierce............................... 34, *38
Fort Walton Beach......................... 40, 49, 50
Gainesville............................... 9, 16, *36
High Springs.............................. 28
Hollywood................................. 47
Jacksonville.............................. *7, 13, 19, 32, 34, 42, *44
Key West.................................. 3, 8
Lake Worth................................ 36
Lakeland.................................. 19
Leesburg.................................. 40, *46
Live Oak.................................. 48
Marianna.................................. 51
Melbourne................................. 43, 48
Miami..................................... 7, 10, *18, 19, *20, 22, 23,
31, 32, 35, 46
Naples.................................... 41, 45
New Smyrna Beach.......................... *33
Ocala..................................... 31
Orange Park............................... 10
Orlando................................... 22, *23, 26, 27, 39, 41
Palm Beach................................ 49
Panama City............................... 7, 9, 13, *38
Panama City Beach......................... 47
Pensacola................................. 17, *31, 34, 45
Sarasota.................................. 24
St. Petersburg............................ 10, 38, 44
Stuart.................................... 44
Tallahassee............................... 24, 27, *32, 40
Tampa..................................... 7, 12, *13, 29, *34, 47
Tequesta.................................. 16
Tice...................................... 33
Venice.................................... 25
West Palm Beach........................... 12, 13, *27, 28
------------------------------------------------------------------------
GEORGIA
------------------------------------------------------------------------
Albany.................................... 10, 12
Athens.................................... *8, 48
Atlanta................................... 10, 19, 20, *21, 25, 27, 39,
*41, 43
Augusta................................... 12, 30, 42, 51
[[Page 66604]]
Bainbridge................................ 49
Baxley.................................... 35
Brunswick................................. 24
Chatsworth................................ *33
Cochran................................... *7
Columbus.................................. 9, 15, *23, 35, 49
Cordele................................... 51
Dalton.................................... 16
Dawson.................................... *8
Macon..................................... 13, 16, 40, 45
Monroe.................................... 44
Pelham.................................... *6
Perry..................................... 32
Rome...................................... 51
Savannah.................................. *9, 11, 22, 39
Thomasville............................... 46
Toccoa.................................... 24
Valdosta.................................. 43
Waycross.................................. *8
Wrens..................................... *6
------------------------------------------------------------------------
HAWAII
------------------------------------------------------------------------
Hilo...................................... 9, 11, 13, 22, 23
Honolulu.................................. 8, 9, *10, *11, 19, 23, 27,
31, 33, 35, 40, *43
Kailua.................................... 50
Kailua Kona............................... 25
Kaneohe................................... 41
Wailuku................................... 7, *10, 12, 16, 21, 24
Waimanalo................................. 38
------------------------------------------------------------------------
IDAHO
------------------------------------------------------------------------
Boise..................................... 7, *21, 28, 39
Caldwell.................................. 10
Coeur D'alene............................. *45
Filer..................................... *18
Idaho Falls............................... 8, 20, 36
Lewiston.................................. 32
Moscow.................................... *12
Nampa..................................... 12, 24
Pocatello................................. 15, *17, 23, 31
Sun Valley................................ 32
Twin Falls................................ 11, *22, 34
------------------------------------------------------------------------
ILLINOIS
------------------------------------------------------------------------
Aurora.................................... 50
Bloomington............................... 28
Carbondale................................ *8
Champaign................................. 41, 48
Charleston................................ *50
Chicago................................... 7, 11, 19, *21, 27, 29, 31,
43, 45, *47
Decatur................................... 18, 22
East St. Louis............................ 47
Freeport.................................. 23
Harrisburg................................ 34
Jacksonville.............................. *15
Joliet.................................... 38
LaSalle................................... 10
Macomb.................................... *21
Marion.................................... 17
Moline.................................... *23, 38
Mount Vernon.............................. 21
Olney..................................... *19
Peoria.................................... 19, 25, 30, 39, *46
Quincy.................................... 10, 32, *34
Rock Island............................... 4
Rockford.................................. 13, 16, 42
Springfield............................... 13, 42, 44
Urbana.................................... *9, 26
------------------------------------------------------------------------
INDIANA
------------------------------------------------------------------------
Angola.................................... 12
Bloomington............................... *14, 27, 42, 48
Elkhart................................... 28
Evansville................................ *9, 25, 28, 45, 46
Fort Wayne................................ 19, 24, 31, 36, *40
Gary...................................... *17, 51
Hammond................................... 36
Indianapolis.............................. 9, 13, 16, *21, 25, *44, 45
Kokomo.................................... 29
Lafayette................................. 11
Marion.................................... 32
Muncie.................................... 23
Richmond.................................. 39
Salem..................................... 51
South Bend................................ 22, *35, 42, 48
Terre Haute............................... 10, 36, 39
Vincennes................................. *22
------------------------------------------------------------------------
IOWA
------------------------------------------------------------------------
Ames...................................... 5, 23, *34
Burlington................................ 41
Cedar Rapids.............................. 9, 27, 47, 51
Council Bluffs............................ *33
Davenport................................. *34, 36, 49
Des Moines................................ 8, *11, 13, 16, 31
Dubuque................................... 43
Fort Dodge................................ *25
Iowa City................................. *12, 25
Mason City................................ *18, 42
Newton.................................... 39
Ottumwa................................... 15
Red Oak................................... *35
Sioux City................................ 9, *28, 39, 41, 44
Waterloo.................................. 7, 22, *35
------------------------------------------------------------------------
KANSAS
------------------------------------------------------------------------
Colby..................................... 17, 19
Dodge City................................ *21
Ensign.................................... 6
Garden City............................... 11, 13
Goodland.................................. 10
Great Bend................................ 22
Hays...................................... 7, *16
Hoisington................................ 14
Hutchinson................................ *8, 12, 35
Lakin..................................... *8
Lawrence.................................. 41
Pittsburg................................. 7, 14
Salina.................................... 17
Topeka.................................... *11, 13, 27, 49
Wichita................................... 10, 26, 31, 45
------------------------------------------------------------------------
KENTUCKY
------------------------------------------------------------------------
Ashland................................... *26, 44
Beattyville............................... 7
Bowling Green............................. 13, 16, *18, *48
Campbellsville............................ 19
Covington................................. *24
Danville.................................. 4
Elizabethtown............................. *43
Harlan.................................... 51
Hazard.................................... 12, *16
Lexington................................. 13, 39, 40, *42
Louisville................................ 8, 11, *17, 26, *38, 47, 49
Madisonville.............................. 20, *42
Morehead.................................. *15, 21
Murray.................................... *36
Newport................................... 29
Owensboro................................. 30
Owenton................................... *44
Paducah................................... 32, 41, 49
Pikeville................................. *24
Somerset.................................. *14
------------------------------------------------------------------------
LOUISIANA
------------------------------------------------------------------------
Alexandria................................ *26, 31, 35, 41
Baton Rouge............................... 9, 13, *25, 34, 45
Columbia.................................. 11
Hammond................................... 42
Lafayette................................. 10, 16, *23, 28
Lake Charles.............................. 7, *20, 30
Minden.................................... 21
Monroe.................................... 8, *13
New Iberia................................ 50
New Orleans............................... 8, *11, 15, 21, 26, *31, 36,
43, 50
Shreveport................................ 17, *25, 28, 34, 44
Slidell................................... 24
West Monroe............................... 36, 38
------------------------------------------------------------------------
MAINE
------------------------------------------------------------------------
Augusta................................... *10
Bangor.................................... 2, 7, 19
Biddeford................................. *45
Calais.................................... *10
Lewiston.................................. 35
Orono..................................... *9
Poland Spring............................. 8
Portland.................................. 38, 43, 44
Presque Isle.............................. 8, *10, 47
Waterville................................ 23
------------------------------------------------------------------------
MARYLAND
------------------------------------------------------------------------
Annapolis................................. *42
Baltimore................................. 11, 13, *29, 38, 40, 41, 46,
Frederick................................. *28
Hagerstown................................ 26, 39, *44
Oakland................................... *36
Salisbury................................. 21, *28, 47
------------------------------------------------------------------------
MASSACHUSETTS
------------------------------------------------------------------------
Adams..................................... 36
Boston.................................... 7, *19, 20, 30, 31, 32, 39,
*43
Cambridge................................. 41
Lawrence.................................. 18
Marlborough............................... 27
New Bedford............................... 22, 49
Norwell................................... 10
Pittsfield................................ 13
Springfield............................... 11, *22, 40
Vineyard Haven............................ 40
Worcester................................. 29, *47
------------------------------------------------------------------------
MICHIGAN
------------------------------------------------------------------------
Alpena.................................... 11, *24
Ann Arbor................................. 31
Bad Axe................................... *15
Battle Creek.............................. 20, 44
Bay City.................................. 22, 46
Cadillac.................................. 9, *17, 47
Calumet................................... 5
Cheboygan................................. 35
Detroit................................... 7, 14, 21, 41, *43, 44, 45
East Lansing.............................. *40
[[Page 66605]]
Escanaba.................................. 48
Flint..................................... 12, 16, *28
Grand Rapids.............................. 7, *11, 13, 19
Iron Mountain............................. 8
Ishpeming................................. 10
Jackson................................... 34
Kalamazoo................................. *5, 8, 45
Lansing................................... 36, 38, 51
Manistee.................................. *21
Marquette................................. *13, 19, 35
Mount Clemens............................. 39
Mount Pleasant............................ *26
Muskegon.................................. 24
Onondaga.................................. 10
Saginaw................................... 30, 48
Sault Ste. Marie.......................... 8, 10
Traverse City............................. 7, 29
University Center......................... *18
------------------------------------------------------------------------
MINNESOTA
------------------------------------------------------------------------
Alexandria................................ 7, 42
Appleton.................................. *10
Austin.................................... *20, 36
Bemidji................................... *9, 26
Brainerd.................................. *28
Chisholm.................................. 11
Crookston................................. *16
Duluth.................................... *8, 10, 17, 33
Hibbing................................... 13, *31
Mankato................................... 12
Minneapolis............................... 9, 11, 22, 29, 32, 45
Redwood Falls............................. 27
Rochester................................. 10, 46
St. Cloud................................. 40
St. Paul.................................. *26, *34, 35
Thief River Falls......................... 10
Walker.................................... 12
Worthington............................... *15
------------------------------------------------------------------------
MISSISSIPPI
------------------------------------------------------------------------
Biloxi.................................... 13, *16
Booneville................................ *12
Bude...................................... *18
Columbus.................................. 35, *43
Greenville................................ 15
Greenwood................................. *25, 32
Gulfport.................................. 48
Hattiesburg............................... 22
Holly Springs............................. 41
Houston................................... 45
Jackson................................... 7, 12, *20, 21, 41
Laurel.................................... 28
Magee..................................... 34
Meridian.................................. 11, 24, 31, *44
Mississippi State......................... *10
Natchez................................... 49
Oxford.................................... *36
Tupelo.................................... 8
Vicksburg................................. 35
West Point................................ 16
------------------------------------------------------------------------
MISSOURI
------------------------------------------------------------------------
Cape Girardeau............................ 12, 22
Columbia.................................. 8, 17
Hannibal.................................. 7
Jefferson City............................ 12, 20
Joplin.................................... *25, 43, 46
Kansas City............................... 9, *18, 24, 31, 34, 42, 47,
51
Kirksville................................ 33
Poplar Bluff.............................. 15
Sedalia................................... 15
Springfield............................... 10, 19, *23, 28, 44
St. Joseph................................ 7, 21
St. Louis................................. 14, 24, 26, 31, 35, *39, 43
------------------------------------------------------------------------
MONTANA
------------------------------------------------------------------------
Billings.................................. 10, 11, 18
Bozeman................................... *8, 13
Butte..................................... 5, 6, 19, 24
Glendive.................................. 10
Great Falls............................... 7, 8, 26, 45
Hardin.................................... 22
Havre..................................... 9
Helena.................................... 12, 29
Kalispell................................. 9
Lewistown................................. 13
Miles City................................ 3
Missoula.................................. 7, *11, 13, 17, 23
------------------------------------------------------------------------
NEBRASKA
------------------------------------------------------------------------
Alliance.................................. *13
Bassett................................... *7
Grand Island.............................. 11, 19
Hastings.................................. 5, *28
Hayes Center.............................. 18
Kearney................................... 36
Lexington................................. *26
Lincoln................................... 8, 10, *12, 51
McCook.................................... 12
Merriman.................................. *12
Norfolk................................... *19
North Platte.............................. 2, *9
Omaha..................................... 15, *17, 20, 22, 43, 45
Scottsbluff............................... 7, 17, 29
Superior.................................. 34
------------------------------------------------------------------------
NEVADA
------------------------------------------------------------------------
Elko...................................... 10
Ely....................................... 3, 27
Goldfield................................. 50
Henderson................................. 9
Las Vegas................................. 2, 7, *11, 13, 16, 22, 29
Laughlin.................................. 32
Paradise.................................. 40
Reno...................................... 7, 9, 13, *15, 20, 26, 44
Tonopah................................... 9
Winnemucca................................ 7
------------------------------------------------------------------------
NEW HAMPSHIRE
------------------------------------------------------------------------
Concord................................... 33
Derry..................................... 35
Durham.................................... *11
Keene..................................... *49
Littleton................................. *48
Manchester................................ 9
Merrimack................................. 34
------------------------------------------------------------------------
NEW JERSEY
------------------------------------------------------------------------
Atlantic City............................. 44, 49
Burlington................................ 27
Camden.................................... *22
Linden.................................... 36
Montclair................................. *51
New Brunswick............................. *8
Newark.................................... 13, 41
Newton.................................... 18
Paterson.................................. 40
Secaucus.................................. 38
Trenton................................... *43
Vineland.................................. 29
West Milford.............................. *29
Wildwood.................................. 36
------------------------------------------------------------------------
NEW MEXICO
------------------------------------------------------------------------
Albuquerque............................... 7, 13, *17, 22, 24, 26, *35,
42, 45
Carlsbad.................................. 19, 25
Clovis.................................... 20
Farmington................................ 8, 12
Hobbs..................................... 29
Las Cruces................................ *23, 47
Portales.................................. *32
Roswell................................... 8, 10, 21, 27
Santa Fe.................................. *9, 10, 27, 29
Silver City............................... 10, 12
------------------------------------------------------------------------
NEW YORK
------------------------------------------------------------------------
Albany.................................... 7, 12, 26
Amsterdam................................. 50
Batavia................................... 23
Bath...................................... 14
Binghamton................................ 7, 8, 34, *42
Buffalo................................... 14, 32, 33, 34, 38, 39, *43
Carthage.................................. 7
Corning................................... *30, 48
Elmira.................................... 18, 36
Garden City............................... *21
Ithaca.................................... 20
Jamestown................................. 26
Kingston.................................. 48
New York.................................. 7, 11, *24, 28, 31, 33, 44
North Pole................................ 14
Norwood................................... *23
Plattsburgh............................... *38
Poughkeepsie.............................. 27
Riverhead................................. 47
Rochester................................. 10, 13, *16, 28, 45
Saranac Lake.............................. 40
Schenectady............................... 6, *34, 43
Smithtown................................. 23
Springville............................... 7
Syracuse.................................. 15, 17, 19, 24, *25, 44, 47
Utica..................................... 27, 29, 30
Watertown................................. 21, *41
------------------------------------------------------------------------
NORTH CAROLINA
------------------------------------------------------------------------
Asheville................................. 13, *25, 45
Belmont................................... 47
Burlington................................ 14
Chapel Hill............................... *25
Charlotte................................. *11, 22, 23, 27, 34
Concord................................... *44
Durham.................................... 11, 28
Edenton................................... *20
Fayetteville.............................. 36, 38
Goldsboro................................. 17
Greensboro................................ 33, 43, 51
Greenville................................ 10, 14, *23, 51
Hickory................................... 40
High Point................................ 8
Jacksonville.............................. *19, 34
Kannapolis................................ 50
Lexington................................. 19
Linville.................................. *17
[[Page 66606]]
Lumberton................................. *31
Manteo.................................... 9
Morehead City............................. 8
New Bern.................................. 12
Raleigh................................... 27, 48, 49
Roanoke Rapids............................ *36
Rocky Mount............................... 15
Washington................................ 32
Wilmington................................ *29, 30, 44, 46
Wilson.................................... 42
Winston Salem............................. 29, 31, *32
------------------------------------------------------------------------
NORTH DAKOTA
------------------------------------------------------------------------
Bismarck.................................. 12, 16, *22, 26, 31
Devils Lake............................... 8, *25
Dickinson................................. 7, *9, 19
Ellendale................................. *20
Fargo..................................... *13, 19, 21, 44
Grand Forks............................... *15, 27
Jamestown................................. 7
Minot..................................... 10, 13, 14, 24, *40
Pembina................................... 12
Valley City............................... 38
Williston................................. 8, 14, *51
------------------------------------------------------------------------
OHIO
------------------------------------------------------------------------
Akron..................................... 23, 30, *50
Alliance.................................. *45
Athens.................................... *27
Bowling Green............................. *27
Cambridge................................. *35
Canton.................................... 39, 47
Chillicothe............................... 46
Cincinnati................................ 10, 12, 33, *34, 35
Cleveland................................. 8, 15, 17, *26, 34
Columbus.................................. 13, 14, 21, 36, *38
Dayton.................................... *16, 30, 41, 50, 51
Lima...................................... 8, 47
Lorain.................................... 28
Mansfield................................. 12
Newark.................................... 24
Oxford.................................... *28
Portsmouth................................ 17, *43
Sandusky.................................. 42
Shaker Heights............................ 10
Springfield............................... 26
Steubenville.............................. 9
Toledo.................................... 5, 11, 13, *29, 46, 49
Youngstown................................ 20, 36, 41
Zanesville................................ 40
------------------------------------------------------------------------
OKLAHOMA
------------------------------------------------------------------------
Ada....................................... 26
Bartlesville.............................. 17
Cheyenne.................................. *8
Claremore................................. *36
Eufaula................................... *31
Lawton.................................... 11
Muskogee.................................. 20
Norman.................................... 46
Oklahoma City............................. 7, 9, *13, 15, 24, 27, 33,
40, 50, 51
Okmulgee.................................. 28
Shawnee................................... 29
Tulsa..................................... 8, 10, *11, 22, 42, 45, 47,
49
Woodward.................................. 35
------------------------------------------------------------------------
OREGON
------------------------------------------------------------------------
Bend...................................... *11, 21
Coos Bay.................................. 11, 22
Corvallis................................. *7
Eugene.................................... 9, 13, 17, *29, 31
Grants Pass............................... 30
Klamath Falls............................. 13, 29, *33
La Grande................................. *13, 29
Medford................................... 5, *8, 10, 12, 26
Pendleton................................. 11
Portland.................................. 8, *10, 12, 24, 40, 43
Roseburg.................................. 18, 19, 45
Salem..................................... 22, 33
------------------------------------------------------------------------
PENNSYLVANIA
------------------------------------------------------------------------
Allentown................................. *39, 46
Altoona................................... 24, 32, 46
Bethlehem................................. 9
Clearfield................................ *15
Erie...................................... 12, 16, 22, 24, *50
Greensburg................................ 50
Harrisburg................................ 10, 21, *36
Hazleton.................................. 45
Jeannette................................. 49
Johnstown................................. 8, 34
Lancaster................................. 8, 23
Philadelphia.............................. 6, 17, 26, 32, 34, *35, 42
Pittsburgh................................ *13, 25, 38, 42, 43, 48, 51
Reading................................... 25
Red Lion.................................. 30
Scranton.................................. 13, 32, 38, *41, 49
Wilkes Barre.............................. 11
Williamsport.............................. 29
York...................................... 47
------------------------------------------------------------------------
RHODE ISLAND
------------------------------------------------------------------------
Block Island.............................. 17
Providence................................ 12, 13, *21, 51
------------------------------------------------------------------------
SOUTH CAROLINA
------------------------------------------------------------------------
Allendale................................. *33
Anderson.................................. 14
Beaufort.................................. *44
Charleston................................ *7, 24, 34, 36, 47, 50
Columbia.................................. 8, 10, 17, *32, 47, 48
Conway.................................... *9
Florence.................................. 13, 16, 21, *45
Georgetown................................ *38
Greenville................................ *9, 16, 21, 36
Greenwood................................. *18
Hardeeville............................... 28
Myrtle Beach.............................. 18, 32
Rock Hill................................. 15, 39
Spartanburg............................... 7, 43
Sumter.................................... *28, 39
------------------------------------------------------------------------
SOUTH DAKOTA
------------------------------------------------------------------------
Aberdeen.................................. 9, *17
Brookings................................. *8
Eagle Butte............................... *13
Florence.................................. 3
Huron..................................... 12
Lead...................................... 10, 29
Lowry..................................... *11
Martin.................................... *8
Mitchell.................................. 26
Pierre.................................... *10, 19
Rapid City................................ 2, 16, 18, 21, *26
Reliance.................................. 13
Sioux Falls............................... 7, 11, 13, *24, 36, 47
Vermillion................................ *34
------------------------------------------------------------------------
TENNESSEE
------------------------------------------------------------------------
Chattanooga............................... 9, 12, 13, *29, 40
Cleveland................................. 42
Cookeville................................ *22, 36
Crossville................................ 20
Greeneville............................... 38
Hendersonville............................ 51
Jackson................................... 39, 43
Jellico................................... 23
Johnson City.............................. 11
Kingsport................................. 19
Knoxville................................. 7, 10, *17, 26, 30, 34
Lebanon................................... 44
Lexington................................. *47
Memphis................................... 5, *10, 13, *14, 25, 28,
*29, 31, 51
Murfreesboro.............................. 38
Nashville................................. 5, *8, 10, 15, 21, 23, 27,
Sneedville................................ *41
Tazewell.................................. 48
------------------------------------------------------------------------
TEXAS
------------------------------------------------------------------------
Abilene................................... 15, 24, 29
Alvin..................................... 36
Amarillo.................................. 7, *8, 10, 15, 19
Arlington................................. 42
Austin.................................... 7, 21, *22, 33, 43, 49
Baytown................................... 41
Beaumont.................................. 12, 21, *33
Belton.................................... 46
Big Spring................................ 33
Blanco.................................... 18
Borger.................................... 31
Brownsville............................... 24
Bryan..................................... 28, 50
College Station........................... *12
Conroe.................................... 32, 42
Corpus Christi............................ 8, 10, 13, *23, 27, 38
Dallas.................................... 8, *14, 32, 35, 36, 40, 45
Decatu