[Federal Register: September 10, 2007 (Volume 72, Number 174)]
[Proposed Rules]
[Page 51575-51581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se07-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 87-268; FCC 07-138]
Advanced Television Systems and Their Impact Upon the Existing
Television Broadcast Service
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission adopts an Eighth Further Notice of Proposed
Rule Making (Eighth Further NPRM), to announce tentative channel
designations (TCDs) for three new permittees that have recently
attained permittee status. The Eighth Further NPRM identifies these
permittees together with the channel we propose to assign the permittee
and the specific technical facilities at which we propose to allow
these stations to operate after the DTV transition. In addition, the
Eighth Further NPRM identifies a number of proposals for revisions to
the proposed DTV Table of Allotments and/or Appendix B reflected in the
Seventh Report and Order that was adopted simultaneously with this
Eighth Further NPRM. These proposed revisions were advanced by
commenters in either reply comments or late-filed comments in response
to the Seventh Further NPRM. As these comments propose changes to the
DTV Table of Allotments and/or Appendix B as in the Seventh Report and
Order that could affect other stations that may not have had adequate
notice of these proposals, we identify these proposals to give affected
stations an opportunity to comment.
DATES: Comments for this proceeding are due on or before October 10,
2007; reply comments are due on or before October 25, 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 Kim Matthews, of the Media Bureau, Policy Division,
(202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Eighth Further Notice of Purpose Rulemaking
in MB Docket No. 87-268, FCC 07-138, adopted August 1, 2007, and
released August 6, 2007. 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).
Summary of the Eighth Further Notice of Proposed Rulemaking
1. The Seventh Further Notice of Proposed Rulemaking in this
proceeding, 71 FR 66592, November 15, 2006 (Seventh Further NPRM)
finalized the DTV channel election process and began the final stage of
the transition of the nation's broadcast television system from analog
to digital technology. Although virtually all potentially eligible
stations were assigned TCDs at that time, the Seventh Further NPRM
noted that some applications for station licenses remained pending, and
might be granted before the adoption of the Order in this proceeding.
Some of these new permittee TCDs were granted too late to allow
sufficient opportunity for public comment in the Seventh Further NPRM
rulemaking. In addition, several commenters submitted requests for
substantive modifications to the DTV Table of Allotments or Appendix B
as in the Seventh Report and Order after the close of the comment
period. The Commission therefore issues this Eighth Further Notice of
Proposed Rulemaking, and solicits comment on the TCDs and modification
requests discussed below. We emphasize that in this Eighth Further NPRM
deals exclusively with the stations described below. All comments and
reply comments should relate solely to the specific situations and
issues raised herein. No further proposals for modification of the DTV
Table of Allotments or Appendix B as in the Seventh Report and Order
will be entertained during this pleading cycle, and no such proposals
should be raised during the comment or reply period.
New Permittees
2. As described in the Seventh Further NPRM, we are establishing a
separate pleading cycle to give interested parties an opportunity for
comment on new permittees that have attained permittee status too late
to be considered in the Seventh Report and Order (published elsewhere
in this issue). Three new
[[Page 51576]]
permittees have attained this status since we issued the New Permittees
PN: Entravision Holdings, LLC, in Pueblo, Colorado (Analog channel 48),
Richland Reserve, LLC in Greeley, Colorado (Digital channel 45), and
Northwest Television, Inc. (Northwest Television) in Galesburg,
Illinois (Digital channel 53). Post-transition, channel 48 in Pueblo
would create no additional interference, and we therefore propose
channel 48 as this station's TCD. Interference analysis indicates,
however, that post-transition, channel 45 in Greeley would cause 0.3
percent new interference. Therefore, we propose channel 49 as the TCD
Richland Reserve, LLC. With respect to the new permittee in Galesburg,
IL, because channel 53 is an out-of-core channel, an engineering
analysis was conducted and it was determined that channel 8 is the best
available post-transition channel in Galesburg. Channel 8 creates no
new interference to the TCD of another full-power station but would
interfere with licensed Class A Station WQFL-CA, Rockford, IL. However,
WQFL has an application for a minor modification of license pending,
which would require a waiver of the filing freeze but which, if
granted, would eliminate the interference from channel 8. In order to
locate an interference-free post-transition channel for Galesburg, we
propose to grant WQFL-CA a waiver of the filing freeze and grant the
WQFL-CA modification application, thereby resolving any potential
interference, and propose channel 8 as the TCD for Northwest
Television. These proposals will further amend the new DTV Table of
Allotments. In addition, we propose the specific technical facilities--
effective radiated power (ERP), antenna height above average terrain
(HAAT), antenna radiation pattern, and geographic coordinates--at which
these stations would operate after the DTV transition. The attachment
also includes information on predicted service area and population
coverage. Consistent with the Seventh Further NPRM, the Commission
hereby invites public comment on these proposed changes to the new DTV
Table of Allotments.
Late-Filed Requests for Changes to the Table of Allotments and Appendix
B
3. As noted above, several stations filed requests for revisions to
the proposed DTV Table of Allotments and/or Appendix B as in the
Seventh Report and Order either during the reply comment period or
after the close of the filing period. In order to facilitate a rapid
transition, late-filed requests for minor adjustments or changes
necessary for the station to replicate have been granted where they
were unopposed and cause no impermissible interference to any other
station. In some cases, although the Commission would have looked
favorably on the proposal had it been timely filed, we find it
necessary to provide a full opportunity to comment. This is
particularly the case where the proposed changes to the DTV Table of
Allotments and/or Appendix B as in the Seventh Report and Order could
affect other stations. This Eighth Further NPRM identifies these late-
filed requested changes, and seeks comment.
1. Request To Make Changes That Meet the Interference Criteria
4. WTXF, Philadelphia, PA. Fox Television Stations of Philadelphia,
Inc. (Fox Philadelphia), licensee of station WTXF-TV, channel 29, and
WTXF-DT, channel 42, Philadelphia, PA, received channel 42 for its TCD
in the proposed DTV Table of Allotments. In late-filed comments, Fox
Philadelphia asserts that the parameters described in Appendix B as in
the Seventh Report and Order reflect out-of-date information, and
requests that they be revised to match its CP for its authorized
facility, which will replicate its analog facilities. Fox Philadelphia
states that it is completing construction and expects to apply for the
license to cover later this summer. We find analyzed the requested
facilities for post-transition operation, and we find that WTXF would
cause 1.31 percent interference to WMPT, Annapolis, MD (analog channel
22, post-transition digital channel 42), 0.58 percent interference to
WSAH, Bridgeport, CT (analog channel 43, post-transition digital
channel 42), and 0.86 percent interference to WNJT, Trenton, NJ (analog
channel 52, post-transition digital channel 43). Because this request
was filed too late to ensure a full opportunity for comment, and
particularly in light of the predicted interference, we invite comment
on this request in this Eighth Further NPRM.
5. WDCA, Washington, DC. Fox Television Stations, Inc., (Fox),
licensee of station WDCA-TV, channel 20, and WDCA-DT, channel 35,
Washington DC, received channel 35 for its TCD in the proposed DTV
Table of Allotments. Fox filed late comments requesting that the
Commission modify Appendix B as in the Seventh Report and Order to
reflect WDCA's actual, authorized facilities. WDCA-DT has a
construction permit, FCC File No. BMPCDT-20060519ACK, that specifies
facilities at its main studio where WDCA-DT is currently ``located,
authorized and operating,'' and WDCA-DT has applied for a license to
cover that Construction Permit, FCC File No. BLCDT-20070411AAH. As
noted by Fox, previous engineering analysis had indicated that this
location and these parameters cause no impermissible interference. The
Commission proposes to grant this request and adjust the DTV Table of
Allotments and Appendix B as in the Seventh Report and Order
accordingly. Therefore, we solicit comments on this proposal.
2. Request for Modified Coverage Area
6. KOAM, Pittsburg, KS. Saga Quad States Communications (Saga),
licensee of station KOAM-TV, channel 7, and KOAM-DT, channel 13,
Pittsburg, KS, received channel 7 for its TCD in the proposed DTV Table
of Allotments. Saga states that its current Appendix B as in the
Seventh Report and Order parameters would allow it to reach only 83
percent of the audience it currently serves with its analog signal.
Saga requests a revision to specify directional facilities for KOAM at
an ERP of 15.33 kW, in order to more closely replicate its analog Grade
B contour. Saga's internal engineering study indicates that use of a
directional antenna would prevent any station from receiving
impermissible interference, while still allowing KOAM to reach 94.4
percent of people reached by its analog transmitter, an outcome it
argues is in the public interest. We have analyzed KOAM's request and
recalculated their Appendix B as in the Seventh Report and Order
facilities based on replicating the analog coverage that was used to
determine their initial DTV Table of Allotments facilities. We propose
to adjust the DTV Table of Allotments and Appendix B as in the Seventh
Report and Order accordingly and solicit comments on this proposal.
3. Requests for Alternative Channel Assignments
7. KOLO, Reno, NV. Gray Television Licensee, Inc. (Gray), licensee
of station KOLO-TV, channel 8, and KOLO-DT, channel 9, Reno, NV,
received channel 9 for its TCD in the proposed DTV Table of Allotments.
Gray currently broadcasts from the same antenna on its NTSC channel 8
and DTV channel 9. Gray states that its antenna has been optimized for
channel 8 for over 45 years, and Gray expresses concern that attempting
to retune the antenna for use on its TCD channel 9 could lead to
serious engineering difficulties. Gray therefore requests that KOLO's
TCD be changed to permit it to return to its NTSC channel 8 post-
transition. Engineering analysis indicates that this proposal by Gray
would cause no additional interference. The Commission proposes to
grant this
[[Page 51577]]
request and adjust the DTV Table of Allotments and Appendix B as in the
Seventh Report and Order accordingly. Therefore, we solicit comments on
this proposal.
8. WEHT, Evansville, IN. Gilmore Broadcasting Corporation
(Gilmore), licensee of station WEHT, channel 25, and WEHT-DT, channel
59, Evansville, IN, received channel 25 for its TCD in the proposed DTV
Table of Allotments. Gilmore filed reply comments stating that WEHT
could not serve its entire analog area using the TCD and parameters in
the DTV Table of Allotments and Appendix B as in the Seventh Report and
Order. It proposes to change its TCD to channel 7 and adjust its
parameters. Gilmore states that these proposed changes will increase
its service area and eliminate the interference with WRTV-DT
Indianapolis, IN (analog channel 6, post-transition digital channel 25)
that would be caused by operating on channel 25. Engineering analysis
shows that Gilmore's proposed alternative channel would cause no
additional interference. The Commission proposes to grant this request
and adjust the DTV Table of Allotments and Appendix B as in the Seventh
Report and Order accordingly. Therefore, we solicit comments on this
proposal.
9. KTRV, Nampa, ID. Idaho Independent Television, Inc. (IIT),
licensee of KTRV, channel 12, and KTRV-DT, Nampa, Idaho, received
channel 12 for its TCD in the proposed DTV Table of Allotments. IIT
filed late comments stating that it wishes to retain its existing DTV
facilities for post-transition operation, and requests that Appendix B
as in the Seventh Report and Order be revised to reflect those
facilities. IIT requests its TCD be changed to channel 13 and its
antenna ID to 28309. IIT states ``[t]hese licensed facilities already
have passed Canadian review once before, so further international
coordination should be minimal.'' IIT makes no representation, however,
about post-transition interference. In response to IIT's request, we
studied KTRV's post-transition operation on channel 13 and propose to
grant their requested channel change. We seek comment on this proposal.
10. WUOA, Tuscaloosa, AL. The University of Alabama, singleton
licensee of analog station WUOA, channel 23, Tuscaloosa, AL, received
channel 23 for its TCD in the proposed DTV Table of Allotments. The
University of Alabama filed an ex parte in June 2007 seeking a channel
change to a low VHF channel. The comment explained that the limited
resources of the public university would be most efficiently used by
broadcasting on a VHF channel, because of the lower cost of
construction and operation of a VHF station as compared to a UHF
station. We have considered and studied the University of Alabama's
request, and propose replication facilities for WUOA on channel 6.
Engineering analysis shows that this alternative channel will cause no
additional interference. The Commission seeks comment on this proposal.
4. Other Requests
11. WPCW, Jeannette, PA. CBS Corporation (CBS), parent company of
the licensee of Station WPCW, channel 19, and applicant for
construction permit for a DTV station on channel 49, Jeannette, PA,
received channel 49 for its TCD in the proposed DTV Table of
Allotments. CBS requests a change in the parameters in the proposed
Appendix B as in the Seventh Report and Order for WPCW to reflect those
approved by the Commission in its 2006 decision amending the pre-
transition DTV Table of Allotments to substitute channel 49 for channel
30 as the digital frequency for WPCW and reallotting DTV channel 49
from Johnstown, Pennsylvania to Jeannette. Larry L. Schrecongost
(Schrecongost), licensee of Class A television Station WLLS, channel
49, Indiana, Pennsylvania, opposes the CBS request and argues that the
proposed DTV Table of Allotments should specify channel 30 rather than
channel 49 for WPCW. Schrecongost has also filed a petition for
reconsideration of the 2006 Report and Order, 71 FR 8986, February 22,
2006, which is currently pending.
12. In 1999, the former licensee of WPCW filed a petition for rule
making seeking to modify the station's DTV allotment from channel 30 to
channel 49 and to change the station's digital community of license
from Johnstown to Jeannette. That petition was subsequently amended to
specify a new reference site. The petition for rule making was pending
at the time the former licensee of WPCW certified to replication on FCC
Form 381. Based on the pending rule making, WPCW elected channel 49 in
the first round of the channel election process. The Seventh Further
NPRM specifies channel 49 for WPCW but lists technical parameters
consistent with replication on channel 49 of the WPCW initial DTV
allotment which was based on its analog facility. In the 2006 Report
and Order, the Commission granted the WPCW rule making petition and, in
addition to the channel change from 30 to 49, the Commission approved
the requested site change for WPCW as well as an increase in ERP and
other technical changes.
13. CBS argues in its comments that the DTV Table of Allotments
should reflect the revised parameters approved for WPCW in the 2006
Report and Order. Schrecongost argues that the Commission erred in
granting the channel change and site change for WPCW as operation of
that station on channel 49 in Jeannette would cause interference to
WLLS in violation of the Community Broadcasters Protection Act of 1999
(CBPA). The CBPA gave certain low power television (LPTV) stations,
known as Class A stations, some limited protection from interference by
full-service stations.
14. We have determined that operation of WPCW on channel 49 at the
site and parameters approved in the 2006 Report and Order would cause
interference to the TCDs of two full-power stations in excess of the
0.1 percent standard for new interference that applies during the
channel election process. Specifically, operation of WPCW on channel 49
would cause 1.61 percent new interference to WTAP, Parkersburg, WV
(analog channel 15, post-transition digital channel 49), and 0.7
percent new interference to WPXI, Pittsburgh, PA (analog channel 11,
post-transition digital channel 48).
15. In light of the interference caused by WPCW on channel 49, we
propose to provide WPCW with an alternative channel that would resolve
this interference. Specifically, we propose to allot channel 11 to WPCW
with the site location specified in the 2006 Report and Order. The
specific technical facilities we propose for WPCW on channel 11 at this
location are reflected in Appendix G, infra. Our analysis shows that
operation of WPCW on channel 11 will not cause interference to the
post-transition facilities of full power stations, nor to WLLS, the
Class A station.
16. We believe that this proposal is consistent with our objectives
in this proceeding. Operation of WPCW on channel 11 instead of channel
49 would reduce the interference caused to other facilities, consistent
with our goal of efficient spectrum use. In addition, changing the WPCW
allotment from channel 49 to channel 11 would resolve the challenge by
Class A station WLLS to the decision reached in the 2006 Report and
Order. Resolving this challenge avoids a potentially protracted appeal
of the 2006 Report and Order and furthers our goal of finalizing DTV
channels and facilities to permit stations to construct their post-
transition facilities by the rapidly approaching transition deadline.
[[Page 51578]]
17. WGNO and WNOL, New Orleans, LA. Tribune (licensee of station
WGNO, channel 26, permittee of WGNO-DT, channel 15, with TCD on channel
26, New Orleans, LA, and station WNOL, channel 38, and permittee of
WNOL-DT, channel 40, New Orleans, LA, with TCD on channel 15) filed
late comments requesting a change in technical parameters for both
stations. Tribune proposes to operate both WGNO and WNOL from the WDSU
transmitter site and tower, 3.7 km from the WGNO/WNOL transmission site
destroyed by Hurricane Katrina. Tribune proposes that WGNO and WNOL
will share the antenna with WDSU (analog channel 6, pre- and post-
transition digital channel 43). Tribune contends that operating their
stations from this site will streamline their application process and
allow Tribune to restore digital service to the New Orleans market more
quickly.
18. We have considered and studied Tribune's request, and we find
that the proposed parameters do not cause impermissible interference to
any station. However, we find that the proposed parameters for both
stations would exceed their authorized contours, in violation of the
freeze. In light of the unusual circumstances that affect these
stations due to the destruction of both stations' analog and digital
facilities, and the licensee's desire to relocate the transmitter to
reduce the risk of damage from future hurricanes, we propose to waive
the freeze and substitute the technical parameters requested in the
late-filed comments. We seek comment on this proposal.
Eighth Further Notice of Proposed Rulemaking
Initial Regulatory Flexibility Analysis
19. As required by the Regulatory Flexibility Act of 1980 (RFA),
the Commission has prepared an Initial Regulatory Flexibility Analysis
(FRFA) relating to this Eighth Further Notice of Proposed Rulemaking.
Initial Paperwork Reduction Act Analysis
20. This Eighth Further Notice of Proposed Rulemaking has been
analyzed with respect to the 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 the
Small Business Paperwork Relief Act of 2002.
Ex Parte Rules
21. Permit-But-Disclose. This proceeding will be treated as a
``permit-but-disclose'' proceeding subject to the ``permit-but-
disclose'' requirements under Sec. 1.1206(b) of the Commission's
rules. 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 Sec.
1.1206(b).
Filing Requirements
22. Comments and Replies. Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, interested parties may file comments on or
before October 10, 2007; reply comments are due on or before October
25, 2007 using: (1) The Commission's Electronic Comment Filing System
(ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by
filing paper copies.
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.
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 must be addressed to 445 12th Street, SW., Washington, DC 20554.
23. 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.
24. 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.
Additional Information
25. For more information on this Seventh Report and Order and
Eighth Further Notice of Proposed Rulemaking, please contact Kim
Matthews, Policy Division, Media Bureau at (202) 418-2154, Gordon
Godfrey, Engineering Division, Media Bureau at (202) 418-2193, or
Nazifa Sawez, Engineering Division, Media Bureau at (202) 418-7059.
[[Page 51579]]
Initial Regulatory Flexibility Act Analysis
26. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA) the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this Eighth Further Notice of Proposed
Rulemaking. 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 on the Eighth Further NPRM provided in
paragraph 163 of the item. The Commission will send a copy of the
Eighth Further NPRM, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA). In addition, the
Eighth Further NPRM and IRFA (or summaries thereof) will be published
in the Federal Register.
A. Need for and Objectives of the Proposed Rules
27. The Eighth Further NPRM proposes modifications to the new Post-
Transition Table of DTV Allotments and Appendix B as in the Seventh
Report and Order (DTV Table of Allotments). Three new full power
permittees and six existing full power licensees and permittees are
provided with channels and parameters for digital broadcast operations
after the DTV transition. Changes to the new post-transition DTV Table
of Allotments affects full power commercial and noncommercial broadcast
television stations as the new DTV Table of Allotments provides post-
transition channels for all eligible full power stations and changes to
the DTV Table of Allotments may have interference or other implications
for other broadcasters in the DTV Table of Allotments.
28. The Commission announced in the Seventh Further NPRM that, to
the extent possible, it would accommodate future new permittees in the
new Post-Transition Table of DTV Allotments, but that it would provide
an opportunity for public comment before doing so. Three new
construction permits were issued to permittees too late to be offered
for comment in an earlier Public Notice, but can be accommodated in the
new DTV Table of Allotments without causing impermissible interference.
Six existing licensees and permittees made late-filed requests for
modifications to the new DTV Table of Allotments. Although these
requested changes are unopposed, appear non-controversial, and would
have been looked upon favorably had they been timely-filed, we find it
appropriate to provide a full opportunity for comment.
29. We believe these proposed modifications to the new Post-
Transition Table of DTV Allotments support the goals set forth for the
channel election process. By these proposed modifications, the new
permittees are provided with channels for DTV operations after the
transition. Where adjustments bring the DTV Table of Allotments into
line with the facilities or service areas of existing licensees or
permittees, they recognize industry expectations and respect
investments already made. These proposals also move the overall Post-
Transition Table of DTV Allotments more quickly towards finality
without sacrificing clarity or transparency. Finally, we believe the
proposed changes reflects our efforts to promote overall spectrum
efficiency and, in particular, to ensure the best possible DTV service
to the public.
B. Legal Basis
30. 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.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
31. 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 in this Eighth Further NPRM, if adopted, 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.
32. Television Broadcasting. The proposed rules and policies in
this Eighth Further NPRM 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
$13.5 million in annual receipts. Business concerns included in this
industry are those ``primarily engaged in broadcasting images together
with sound.'' The Commission has estimated the number of licensed
commercial television stations to be 1,376. According to Commission
staff review of the BIA Financial Network, MAPro Television Database
(BIA) on March 30, 2007, about 986 of an estimated 1,374 commercial
television stations (or about 72 percent) have revenues of $13.5
million or less and thus qualify as small entities under the SBA
definition. The Commission has estimated the number of licensed NCE
television stations to be 380. 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. The Commission does not compile and otherwise
does not have access to information on the revenue of NCE stations that
would permit it to determine how many such stations would qualify as
small entities.
33. 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.
34. Class A TV, LPTV, and TV translator stations. The rules and
policies proposed in this Eighth Further NPRM do not directly affect
low power television stations, as the DTV Table of Allotments to which
changes are being proposed will finalize post-transition digital
channels only for full power television stations. Nonetheless, as
discussed in section E, infra, low power
[[Page 51580]]
television stations will also eventually transition from analog to
digital technology and may be indirectly affected by the channel
allotment decisions herein. The broadcast stations indirectly affected
include 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 $13.5 million in annual receipts. Currently,
there are approximately 567 licensed Class A stations, 2,227 licensed
LPTV stations, and 4,518 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 $13.5 million and thus may be categorized as
small, except to the extent that revenues of affiliated non-translator
or booster entities should be considered.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
35. The proposals set forth in this Eighth Further NPRM would
involve no changes to reporting, recordkeeping, or other compliance
requirements beyond what is already required under the current
regulations.
E. Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
36. 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.
37. The proposed changes will allow the new Post-Transition Table
of DTV Allotments to provide all eligible broadcast television
stations--large and small alike--with channels for post-transition DTV
operations. No distinction was made between large and small licensees
and permittees when determining which proposals to include in the
Eighth Further NPRM. Small broadcasters, just like large ones,
benefited from participating in the channel election process, and had
an equal opportunity to review the proposed DTV Table of Allotments and
request modifications. The TCDs and parameters proposed are based
almost entirely on elections by licensees. All stations affected by the
proposals in the Eighth Further NPRM will have the opportunity to
comment, and the Commission will consider all comments, including those
proposing alternative allotments for specific stations. No alternative
to existing proposals for specific modifications to the DTV Table of
Allotments for purposes of DTV allotments are proposed herein. In
general, the transition procedures utilized in selecting final DTV
allotments have been sufficiently transparent and flexible and eligible
applicants for post-transition DTV allotments have been provided with
the opportunity to make elections and to suggest alternative
allotments.
38. The Eighth Further NPRM invites comment from broadcasters,
including small broadcasters, on the proposed modifications to the new
Post-Transition Table of DTV Allotments. In addition, we invite comment
on other ways in which we could consider the particular needs and
interests of small businesses in finalizing the Post-Transition Table
of DTV Allotments.
39. The new DTV Table of Allotments for which the Eighth Further
NPRM proposes modifications does not provide for channels for low power
television stations. The Commission will address the digital transition
for low power television (LPTV) stations in a separate proceeding. The
statutory transition deadline established by Congress in 2006--February
17, 2009--applies only to full-power stations. One of the Commission's
goals in this proceeding is to permit full power stations to finalize
their post-transition facilities by this rapidly approaching deadline.
The Commission previously determined that it has discretion under 47
U.S.C. 336(f)(4) to set the date by which analog operations of stations
in the low power and translator service must cease. The Commission has
stated that the intent is to ensure that low power and translator
stations not be required to prematurely convert to digital operation in
a manner that could disrupt their analog service or, more importantly,
that might cause them to cease operation. The Commission decided not to
establish a fixed termination date for the low power digital television
transition until it resolved the issues concerning the transition of
full-power television stations. The Commission has recognized that low
power television stations are a valuable component of the nation's
television system and has stated its intention to facilitate, wherever
possible, the digital transition of these stations.
F. Federal Rules Which Duplicate, Overlap, or Conflict With the
Commission's Proposals
None.
Ordering Clauses
40. It is ordered that, pursuant to the authority contained in
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, this Seventh Report and Order and Eighth Further Notice of
Proposed Rule Making is adopted.
41. It is further ordered that pursuant to the authority contained
in sections 1, 2, 4(i), 303, 303a, 303b, and 307 of the Communications
Act of 1934, 47 U.S.C 151, 152, 154(i), 303, 303a, 303b, and 307, the
Commission's rules are hereby amended as set forth in Appendix A.
42. It is further ordered that the rules as revised in Appendix A
of the Seventh Report and Order and Eighth Further Notice of Proposed
Rule Making shall be effective October 10, 2007.
43. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Seventh Report and Order and Eighth Further Notice of
Proposed Rule Making, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
It is further ordered that the Commission shall send a copy of this
Seventh Report and Order and Eighth Further Notice of Proposed Rule
Making in a report to be sent to Congress and the General Accounting
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
[[Page 51581]]
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 73 to read 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.
2. Section 73.622 is amended by adding paragraph (i) to read as
follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(i) Post-Transition Table of DTV Allotments.
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
ALABAMA
Tuscaloosa............................................ 6
COLORADO
Greeley............................................... 49
Pueblo................................................ 48
IDAHO
Nampa................................................. 13
ILLINOIS
Galesburg............................................. 8
INDIANA
Evansville............................................ 7
NEVADA
Reno.................................................. 8
PENNSYLVANIA
Jeannette............................................. 11
------------------------------------------------------------------------
Note: The following Appendix will not appear in the Code of
Federal Regulations.
Appendix G--Proposed DTV Table of Allotments Information
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NTSC DTV
------------------------------------------------------------------------------------------------------------
Facility ID State City Percent
Chan Chan ERP (kW) HAAT Antenna Latitude Longitude Area Population interference
(m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) received
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
77496................................. AL.............. Tuscaloosa............... 23 6 1 266 80096 330315 873257 18093 595 0
166510................................ CO.............. Greeley.................. ....... 49 1000 382 ........ 402448 1041940 32251 2400 0
166331................................ CO.............. Pueblo................... 48 48 50 695 80244 384442 1045137 20898 906 0.8
51567................................. DC.............. Washington............... 20 35 500 227 ........ 385722 770459 20241 6949 0.2
28230................................. ID.............. Nampa.................... 12 13 17 829 ........ 434518 1160552 41141 555 0
81946................................. IL.............. Galesburg................ ....... 8 15 333 80193 411844 902245 24719 795 0.7
24215................................. IN.............. Evansville............... 25 7 3.2 301 80191 375157 873404 21506 699 0.1
58552................................. KS.............. Pittsburg................ 7 7 15.5 332 80204 371315 944225 29053 543 0.7
54280................................. LA.............. New Orleans.............. 38 15 775 286 80216 295659 895728 24543 1724 0
72119................................. LA.............. New Orleans.............. 26 26 1000 286 80217 295659 895728 24703 1734 0
63331................................. NV.............. Reno..................... 8 8 15.6 893 80185 391849 1195300 39660 667 2.6
69880................................. PA.............. Jeannette................ 19 11 6.5 303 80099 402334 794654 21639 2960 0.1
51568................................. PA.............. Philadelphia............. 29 42 1000 281 43286 400226 751419 20599 7425 6.9
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[FR Doc. E7-17643 Filed 9-7-07; 8:45 am]
BILLING CODE 6712-01-P