Federal Communications Commission	DA 19-1215



				DA 19-1215
		Released: December 2, 2019

FILING WINDOW FOR NEW RURAL DIGITAL LOW POWER TELEVISION AND 
TV TRANSLATOR APPLICANTS DISPLACED BY INCENTIVE AUCTION AND STATION REPACK
DECEMBER 2, 2019 TO JANUARY 31, 2020
1. The Media Bureau hereby announces a window filing opportunity for pending new rural digital low power and TV translator stations (LPTV/translator stations) displaced by the Incentive Auction and station repack to amend their applications to specify a new channel between 2 to 36 (in core channels). See In the Matter of Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, Report and Order, 29 FCC Rcd 6567 (2014) (Incentive Auction R&O) (subsequent history omitted);  Incentive Auction Closing and Channel Reassignment Public Notice:  The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, Public Notice, 32 FCC Rcd 2786 (2017) (Closing and Channel Reassignment Public Notice).
  The window will open today, December 2, 2019, and close on January 31, 2020 at 11:59 pm ET.
2. In 2009, the Media Bureau began accepting applications for new rural digital LPTV/translator stations on a limited basis and then later froze those filings. See Commencement of Rural, First-Come, First-Served Digital Licensing, Public Notice, 24 FCC Rcd 8911 (MB 2009)(Rural Filing PN); Freeze on the Filing of Applications for New Digital Low Power Television and TV Translator Stations, Public Notice, 25 FCC Rcd 15120 (MB 2010); Initiation of Nationwide First-Come, First-Served Digital Licensing for Low Power Television and TV Translators Postponed Until Further Notice, Public Notice, 25 FCC Rcd 8179 (MB 2010)(Freeze PN).  Applications were first accepted for “rural areas” defined as specifying transmitting antenna site coordinates (geographic latitude and longitude) located more than 121 kilometers (75 miles) from the reference coordinates of the cities listed in Appendix A of the Public Notice.  See Rural Filing PN, 24 FCC Rcd at 8912 and Appendix A.
  The Media Bureau suspended processing of these applications due to the possibility that they could be displaced by the forthcoming Incentive Auction and repacking process.  See Freeze PN, 25 FCC Rcd at 8179 (“To permit the Commission to evaluate its reallocation and repacking proposals and their impact on future licensing of low power television facilities, the Media Bureau deems it appropriate to postpone nationwide digital licensing for low power television and TV translator stations until further notice.”).
  With the completion of the Incentive Auction and the progress made in the post-Incentive Auction transition,  it is appropriate to give these applicants an opportunity to amend their applications to specify a new digital in core channel. The Incentive Auction closed on April 13, 2017.  See Closing and Channel Reassignment Public Notice, supra at n.1. 

3. To be eligible to file in this window, the applicant must have a pending application for a new digital LPTV/translator station that was displaced by the Incentive Auction and repacking process. In order to be considered “displaced” for purposes of filing in this window, an LPTV/translator applicant must: (1) be subject to displacement by a full power or Class A television station on the repacked television band (channels 2-36) as a result of the Incentive Auction and repacking process, With respect to the TV bands, the Commission’s rules define displacement as a “digital low power television or television translator station … causing or receiving interference or [being] predicted to cause or receive interference to or from an authorized TV broadcast station, DTV station or allotment or other protected station or service . . . .”  See 47 CFR § 74.787(a)(4).
 (2) have proposed a frequency repurposed for new, flexible use by a 600 MHz Band wireless licensee, or (3) have proposed a frequency that will serve as part of the 600 MHz Band guard bands (which includes the duplex gap). See 47 CFR § 73.3700(g)(1); Incentive Auction R&O, 29 FCC Rcd at 6836, para. 659.

4. In addition to specifying a new in core digital channel, applicants may modify their technical specifications provided such changes do not result in a change in transmitter site of more than 48 kilometers from the reference coordinates specified in their original application. See 47 CFR §§ 76.53 (reference points list) and 74.787(a)(4) (digital displacement).
  To preserve the “rural” filing restriction in the original 2009 window, amended facilities must specify transmitting antenna site coordinates (geographic latitude and longitude) located more than 121 kilometers (75 miles) from the reference coordinates of the cities listed in Appendix A of this Public Notice. See supra n. 2.
  The proposed facilities may not cause interference to the predicted service of licenses and valid construction permits for full power television, Class A television and LPTV/translator stations nor the predicted service of any previously-filed application for any of these services.  Eligible applicants may file an amendment to their pending application and such filing will be treated as a minor amendment provided it complies with these restrictions.  There is no fee for filing this amendment.
5. All amendments submitted during the window will be considered filed on the last day of the window.  Mutually exclusive (MX) applicants will be given an opportunity to resolve their MX through settlement or engineering amendment that may be submitted during a settlement window to be announced by the Media Bureau by separate public notice. The Communications Act provides that the Commission shall use engineering solutions, negotiation, threshold qualifications, and other means to avoid mutual exclusivity where the Commission determines that doing so would serve the public interest.  See 47 U.S.C. § 309(j)(6)(E).
  If two or more applications remain MX with one another after the close of the settlement window, the applications will be subject to the Commission’s competitive bidding rules. Consistent with Section 309(j) of the Communications Act, our rules require resolution of mutual exclusivity through competitive bidding. See 47 C.F.R. § 73.5000, et seq.

6. Applications that are not amended to specify an in core channel during this window will be subsequently dismissed. See 47 CFR § 73.3568(a).
  
7. Additional Information.  For additional information or questions, please contact Mark Colombo (technical), Mark.Colombo@fcc.gov, (202) 418-7611 or Shaun Maher (legal), Shaun.Maher@fcc.gov, (202) 418-2324 of the Video Division, Media Bureau.

–FCC–


5
APPENDIX A

	Amendments filed during the window to allow applicants for new digital low power television and television translator stations on channels 37 to 51 (out of core channels) to specify a channel between 2 and 36 (in core channels) may not propose facilities located within 121 kilometers (75 miles) of the reference coordinates listed below for the following cities.  Source of cities:  January 1, 2008 Nielsen Media Research Estimates.  Source of coordinates:  Section 76.53 of the Commission’s Rules.

DMA RANKING
MARKET
NORTH LATITUDE
WEST LONGITUDE
1
 New York City, New York 
40-45-06
073-59-39
2
 Los Angeles, California 
34-03-15
118-14-28
3
 Chicago, Illinois 
41-52-28
87-38-22
4
 Philadelphia, Pennsylvania 
39-56-58
75-9-21
5
 Dallas/Fort Worth, Texas 
32-47-09
096-47-37
6
 San Francisco, California 
37-46-39
122-24-40
7
 Boston, Massachusetts 
42-21-24
71-3-25
8
 Atlanta, Georgia 
33-45-10
84-23-37
9
 Washington, District of Columbia 
38-53-51
77-0-33
10
 Houston, Texas 
29-45-26
95-21-37
11
 Detroit, Michigan 
42-19-48
83-2-57
12
 Phoenix, Arizona 
33-27-12
112-4-28
13
 Tampa, Florida 
27-56-58
82-27-26
14
 Seattle, Washington 
47-36-32
122-20-12
15
 Minneapolis, Minnesota 
44-58-57
93-15-43
16
 Miami, Florida 
25-46-37
80-11-32
17
 Cleveland, Ohio 
41-29-51
81-41-50
18
 Denver, Colorado 
39-44-58
104-59-22
19
 Orlando, Florida 
28-32-42
81-22-38
20
 Sacramento, California 
38-34-57
122-23-34
21
 St. Louis, Missouri 
38-37-45
90-12-22
22
 Pittsburgh, Pennsylvania 
40-26-19
80-0-0
23
 Portland, Oregon 
45-31-6
122-40-35
24
 Baltimore, Maryland 
39-17-26
76-36-45
25
 Charlotte, North Carolina 
35-13-44
80-50-45
26
 Indianapolis, Indiana 
39-46-7
86-9-46
27
 San Diego, California 
32-42-53
117-9-21
28
 Raleigh, North Carolina 
35-46-38
78-38-21
29
 Hartford, Connecticut 
41-46-12
72-40-49
30
 Nashville, Tennessee 
36-9-33
86-46-55
31
 Kansas City, Missouri 
39-4-56
94-35-20
32
 Columbus, Ohio 
39-57-47
83-0-17
33
 Cincinnati, Ohio 
39-6-7
84-30-35
34
 Milwaukee, Wisconsin 
43-2-19
87-54-15
35
 Salt Lake City, Utah 
40-45-23
111-51-26
36
 Greenville, South Carolina 
34-50-50
82-24-1
37
 San Antonio, Texas 
29-25-37
98-29-6
38
 West Palm Beach, Florida 
26-42-36
80-3-5
39
 Grand Rapids, Michigan 
42-58-3
85-40-13
40
 Birmingham, Alabama 
33-31-1
86-48-36
41
 Harrisburg, Pennsylvania 
40-15-43
76-52-59
42
 Norfolk, Virginia 
36-51-10
76-17-21
43
 Las Vegas, Nevada 
36-10-20
115-8-37
44
 Albuquerque, New Mexico 
35-5-1
106-39-5
45
 Oklahoma City, Oklahoma 
35-28-26
97-31-4
46
 Greensboro, North Carolina 
36-4-17
79-47-25
47
 Memphis, Tennessee 
35-8-46
90-3-13
48
 Louisville, Kentucky 
38-14-47
85-45-49
49
 Jacksonville, Florida 
30-19-44
81-39-42
50
 Buffalo, New York 
42-52-52
78-52-21
51
 Austin, Texas 
30-16-9
97-44-37
52
 Providence, Rhode Island 
41-49-32
71-24-41
53
 New Orleans, Louisiana 
29-56-53
90-4-10
54
 Scranton, Pennsylvania 
41-24-32
75-39-46
55
 Fresno, California 
36-44-12
119-47-11
56
 Albany, New York 
42-39-1
73-45-1
57
 Little Rock, Arkansas 
34-44-52
92-16-37
58
 Knoxville, Tennessee 
35-57-39
83-55-7
59
 Richmond, Virginia 
37-32-15
77-26-9
60
 Tulsa, Oklahoma 
36-9-12
95-59-34
61
 Mobile, Alabama 
30-41-36
88-2-33
62
 Dayton, Ohio 
39-45-32
84-11-43
63
 Fort Myers, Florida 
26-38-42
81-52-6
64
 Lexington, Kentucky 
38-2-50
84-29-46
65
 Huntington, West Virginia 
38-25-12
82-26-33
66
 Flint, Michigan 
43-0-50
83-41-33
67
 Roanoke, Virginia 
37-16-13
79-56-44
68
 Tucson, Arizona 
32-13-15
110-58-8
69
 Wichita, Kansas 
37-41-30
97-20-16
70
 Green Bay, Wisconsin 
44-30-48
88-0-50
71
 Des Moines, Iowa 
41-35-14
93-37-0
72
 Toledo, Ohio 
41-39-14
83-32-39
73
 Honolulu, Hawaii 
21-18-36
157-51-48
74
Springfield, Missouri
37-13-3
93-17-32
75
 Omaha, Nebraska 
41-15-42
95-56-14
76
 Portland, Maine 
43-39-33
70-15-19
77
 Spokane, Washington 
47-39-32
117-25-33
78
 Rochester, New York 
43-9-41
77-36-21
79
 Paducah, Kentucky 
37-5-13
88-35-56
80
 Syracuse, New York 
43-3-4
76-9-14
81
 Columbia, South Carolina 
34-0-2
81-2-0
82
 Shreveport, Louisiana 
32-30-46
93-44-58
83
 Huntsville, Alabama 
34-44-18
86-35-19
84
 Champaign, Illinois 
40-7-5
88-14-48
85
 Madison, Wisconsin 
43-4-23
89-22-55
86
 Chattanooga, Tennessee 
35-2-41
85-18-32
87
 Cedar Rapids, Iowa 
41-58-48
91-39-48
88
 Harlingen, Texas 
26-11-29
97-41-35
89
 South Bend, Indiana 
43-40-33
86-15-1
90
 Jackson, Mississippi 
32-17-56
90-11-6
91
 Johnson City, Tennessee 
36-19-4
82-20-56
92
Burlington, Vermont/ Plattsburgh, New York
44-28-34
73-12-46
93
 Colorado Springs, Colorado 
38-50-7
104-49-16
94
 Baton Rouge, Louisiana 
30-26-58
91-11-0
95
 Waco, Texas 
31-33-12
97-8-0
96
 Davenport, Iowa 
41-31-24
90-34-21
97
 Savannah, Georgia 
32-4-42
81-5-37
98
 El Paso, Texas 
31-45-36
106-29-21
99
 Johnstown, Pennsylvania 
40-19-35
78-55-3
100
Charleston, South Carolina
32-46-35
79-55-53