October 5, 2021 FCC FACT SHEET∗ In the Matter of Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auction Order – GN Docket No. 12-268 Background: To facilitate the proper management and interference protection of television spectrum, channel allotments for full power television stations are listed and codified in the Commission’s rules. Applicants for full power digital broadcast stations may only apply to construct the channels designated in the codified Table of Allotments and only in the communities listed therein. The table was last updated in 2018 and does not contain changes resulting from the incentive auction and post-auction transition. What the Order Would Do: • Adopt a revised Table that codifies changes to the 2018 Table as a result of the incentive auction and repacking related actions the Commission has taken over the past several years. • Delete or revise Commission rules that no longer have any practical effect given the conclusion of the incentive auction, post-incentive auction transition period, digital television transition, or that are otherwise obsolete. ∗ This document is being released as part of a "permit-but-disclose" proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in GN Docket No. 12-268, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). Before filing, participants should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR § 1.1200 et seq. Federal Communications Commission FCC-CIRC211002 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Expanding the Economic and Innovation ) GN Docket No. 12-268 Opportunities of Spectrum Through Incentive ) Auction ) ORDER∗ Adopted: [] Released: [] By the Commission: I. INTRODUCTION 1. By this Order, we adopt several rule updates to reflect the conclusion of the incentive auction and post-incentive auction transition period. First, we adopt a revised Table of Allotments (Table)1 to reflect changes to full power television channel allotments contained in the Post-Transition Table of Digital Television (DTV) Allotments (2018 Table).2 As described below, the Table we adopt today codifies Commission actions taken over the past several years that modified the DTV channel allotments reflected in the 2018 Table, including primarily actions related to the incentive auction and repacking process authorized by the Spectrum Act.3 We also delete or revise Commission rules that no longer have any practical effect given the conclusion of the incentive auction and post-incentive auction transition period, or that are otherwise obsolete or irrelevant. II. BACKGROUND 2. To facilitate the proper management and interference protection of television spectrum, channel allotments for full power television stations in the United States, its territories, and possessions are listed and codified in Part 73 of the Commission’s rules. Applicants for full power DTV broadcast stations may only apply to construct on the channels designated in the codified Table of Allotments and ∗ This document has been circulated for tentative consideration by the Commission at its October 2021 open meeting. The issues referenced in this document and the Commission’s ultimate resolutions of those issues remain under consideration and subject to change. This document does not constitute any official action by the Commission. However, the Acting Chairwoman has determined that, in the interest of promoting the public’s ability to understand the nature and scope of issues under consideration, the public interest would be served by making this document publicly available. The Commission’s ex parte rules apply and presentations are subject to “permit-but-disclose” ex parte rules. See, e.g., 47 CFR §§ 1.1206, 1.1200(a). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR §§ 1.1200(a), 1.1203. 1 47 CFR § 73.622(j); Appendix. 2 47 CFR § 73.622(i) (revised as of Oct. 1, 2018). The 2018 Table refers to the Post-Transition Table of DTV Allotments as it appears in the October 1, 2018 version of the Code of Federal Regulations. The 2018 Table reflects the allotments that existed before the start of the broadcast television incentive auction in March 2016. Accordingly, the 2018 Table does not contain changes resulting from the incentive auction and post-auction transition. 3 Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, §§ 6402 (codified at 47 U.S.C. § 309(j)(8)(G)), 6403 (codified at 47 U.S.C. § 1452), 126 Stat. 156 (2012) (Spectrum Act). The incentive auction and repacking process are described in the Background section. Federal Communications Commission FCC-CIRC211002 only in the communities listed therein.4 To accommodate the analog to digital television transition, in 1997 the Commission allotted a paired DTV channel to analog television licensees and permittees.5 Congress later established a deadline of June 12, 2009 for full power stations to complete a nationwide DTV transition.6 All full power stations terminated analog operations on that date (with minor and temporary exceptions) and thereafter broadcast solely on its allotted digital channel.7 3. In 2012, Congress passed the Spectrum Act that required the Commission to reorganize the ultra-high frequency (UHF) band using a first of its kind, two-sided incentive auction that reallocated broadcast television spectrum for mobile broadband services.8 The lynchpin to the two-sided auction was the repacking process that reorganized and assigned new channels to full power and Class A broadcast TV stations that would remain on the air after the auction in order to create a contiguous block of cleared spectrum.9 In implementing the Spectrum Act, the Commission sought comment on whether to use the two-step rulemaking process for changing a station’s channel assignment in the codified DTV Table of Allotments for purposes of implementing the results of the repacking process.10 After considering the record on this issue, the Commission decided that it would not use a codified DTV Table or rulemaking procedures to implement channel changes resulting from the repacking process, explaining that this process would be burdensome, cause delays, and would be inconsistent with the goal of expeditiously implementing the results of the repacking process.11 Rather, the Commission determined the Table would be amended to codify all new full power channel assignments after completion of the repacking and channel substitution process.12 4 47 CFR § 73.622(c)(1). 5 47 CFR § 73.622(b); In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, Sixth Report and Order, 12 FCC Rcd 14588 (1997), Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998). 6 The DTV Delay Act, Pub. L. No.111-4, 123 Stat. 112 (2009) (codified at 47 U.S.C. §§ 309(j)(14) and 337(e)) provided that “[a] full-power television broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond June 12, 2009.”). 47 U.S.C. § 309(j)(14)(A). 7 47 CFR § 73.622(i). Furthermore, in order to facilitate the clearing of the 700 MHz band (television channels 52- 69), the Commission required all low power and television translator stations to cease analog or digital operations on those channels by December 31, 2011. Amendment of Parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, Second Report and Order, 26 FCC Rcd 10732, 10743, para. 23 (2011). 8 47 U.S.C. § 1452(a)(1), (c)(1). See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, 29 FCC Rcd 6567, 6568-70, para. 1 (Incentive Auction R&O), aff’d, National Ass’n of Broadcasters v. FCC, 789 F.3d 165 (D.C. Cir. 2015) (subsequent citations omitted). Only full power and Class A television stations were eligible to relinquish spectrum usage rights in the incentive auction. Incentive Auction R&O, 29 FCC Rcd at 6716-17, paras. 351-53. 9 Incentive Auction R&O, 29 FCC Rcd 6567. In accordance with the requirements of the Administrative Procedure Act (APA) (5 U.S.C. § 553(b)) the Commission sought comment in a rulemaking proceeding on the details of the repacking process to ensure compliance with the statutory requirement to make all reasonable efforts to preserve, as of the date of the passage of the Spectrum Act, the coverage area and population served of broadcast stations remaining on the air after the auction. 47 U.S.C. § 1452(b)(2). Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Notice of Proposed Rulemaking, 27 FCC Rcd 12357 (2012) (NPRM). 10 NPRM, 27 FCC Rcd at 12461-62, para. 315. 11 Incentive Auction R&O, 29 FCC Rcd at 6789-90, paras. 544-45. 12 Id. 2 Federal Communications Commission FCC-CIRC211002 4. As a result of the incentive auction, 145 broadcast stations accepted incentive payments to relinquish their spectrum rights and either go off the air or, in some cases, continue broadcasting through a channel sharing arrangement.13 In addition, as a result of the repacking process, 987 full power and Class A stations were reassigned to new channels, including 30 band-changing auction winners,14 and an additional 957 non-winning stations that would remain on the air with new channel assignments after the auction.15 5. After the incentive auction, the Media Bureau opened two filing windows for stations that were repacked.16 These windows permitted certain reassigned stations or band changing stations to seek alternate channels.17A total of 49 stations applied for an alternate channel during these two windows and received a construction permit for a new channel.18 6. On July 13, 2020, the Commission completed a 39-month post-incentive auction transition period,19 during which all 987 repacked stations vacated their pre-auction channels.20 Also during the transition period, as a result of accepting winning bids in the incentive auction, 41 stations relinquished their licenses and went off the air and 104 stations implemented channel sharing arrangements. 13 See Incentive Auction Closing and Channel Reassignment Public Notice: The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32 FCC Rcd 2786 (2017) (Channel Reassignment Public Notice); Incentive Auction R&O, 29 FCC Rcd at 6723-29, paras. 366-68 (License Relinquishment Bid) and 372-78 (Channel Sharing Bid). 14 See Incentive Auction R&O, 29 FCC Rcd at 6725-26, 6729-30, paras. 369-71 (UHF-to-VHF Bid) and 379-83 (High VHF-to Low VHF Bid). 15 Congress provided $2.75 billion for a TV Broadcaster Relocation Fund in the Spectrum Act and Reimbursement Expansion Act to reimburse certain costs associated with the post-incentive auction transition, including at least $2.5 billion to reimburse costs incurred by full power and Class A television stations to move to new channel assignments and for multichannel video programming distributors to continue to carry the stations on the new channel assignments. 47 U.S.C. §§ 1452(b)(4)(A)(i), (ii), (j)-(n). 16 Incentive Auction R&O, 29 FCC Rcd at 6792-95, paras. 552-56. 17 Incentive Auction Task Force and Media Bureau Announce the Opening of the First Priority Filing Window for Eligible Full Power and Class A Television Stations from August 9 Through September 8, 2017, Public Notice, 32 FCC Rcd 5785 (IATF/MB 2017); Incentive Auction Task Force and Media Bureau Extend the Filing Deadline for the First Priority Filing Window for Eligible Full Power and Class A Television Stations- Revised Filing Deadline: September 15, 2017, Public Notice, 32 FCC Rcd 6827 (IATF/MB 2017); Incentive Auction Task Force and Media Bureau Announce the Opening of the Second Filing Window for Eligible Full Power and Class A Television Stations from October 3 Through November 2, 2017, Public Notice, 32 FCC Rcd 6989 (IATF/MB 2017). The Commission also permitted reassigned stations to apply for expanded facilities. Incentive Auction R&O, 29 FCC Rcd at n.1569 (definition of “expanded facilities”). These minor change applications, however, did not involve changing a station’s channel and, thus, do not require any corresponding change in the Table of Allotments. 18 In addition, twenty-four winning channel sharing bidders filed minor modification applications to change their station’s community of license, which they were permitted to do if they could not place a principal community signal over their pre-auction community of license from their shared locations. See Incentive Auction R&O, 29 FCC Rcd at 6726-28, paras. 372-76; 47 CFR § 73.625. 19 Incentive Auction R&O, 29 FCC Rcd at 6797, para. 563; see also Incentive Auction Task Force and Media Bureau Adopt Post-Incentive Auction Transition Scheduling Plan, Public Notice, 32 FCC Rcd 890 (IATF/MB 2017). 20 See Invoice Filing Deadlines Established for TV Broadcaster Relocation Fund, Public Notice, 35 FCC Rcd 11273, para. 2 (IATF/MB 2020). See also Post-Incentive Auction Transition Successfully Meets 39-Month Deadline; Makes Spectrum Available for 5G Wireless Services and Applications, Spurring Job Creation and Economic Growth, 2020 WL 3988027 (rel. July 13, 2020). A few stations were granted extensions, all of which completed their transitions by September 30, 2020. 3 Federal Communications Commission FCC-CIRC211002 7. With the incentive auction and 39-month post-incentive auction transition period complete, in November 2020 the Media Bureau lifted a number of filing freezes that pertain to the 2018 Table. These freezes were established in August 2004 in preparation for the DTV transition, and largely continued in place through the incentive auction and 39-month post-incentive auction transition period..21 Specifically, the Media Bureau lifted freezes on: • Petitions for rulemaking to change channels in the Table of Allotments.22 • Petitions for rulemaking for new allotments. • Petitions for rulemaking to change communities of license.23 Given the pent-up demand for such changes, the Bureau received almost 50 petitions, primarily to substitute a UHF channel for a VHF channel, to change a station’s community of license, or to allot a new channel, and the majority have been acted on and the actions are effective.24 All the petitions were subject to a Notice of Proposed Rulemaking seeking comment on the proposed rule changes and all were adopted through a Report and Order, pursuant to the APA,25 and published in the Federal Register.26 III. DISCUSSION A. The Post-Transition Table of Allotments. 8. We adopt today a Table that reflects all previously approved changes since the last table of allotments update in 2018.27 Specifically, the new Table reflects the following actions by the 21 The freezes were imposed in connection with developing a channel election and repacking process that would assign television broadcasters an in-core (at that time, channels 2-51) post-transition DTV channel. See Media Bureau Lifts Freeze on the Filing of Television Station Minor Modification Applications and Rulemaking Petitions Effective Fifteen Days After Publication in the Federal Register, Public Notice, 35 FCC Rcd 11993 (MB 2020). This action was effective on November 27, 2020. See 85 FR 73706 (Nov. 19, 2020). 22 The Bureau lifted this freeze in 2008 and re-imposed it in 2011. See Commission Lifts the Freeze on the Filing of Maximization Applications and Petitions for Channel Substitutions, Effective Immediately, Public Notice, 23 FCC Rcd 8330 (MB 2008); Freeze on the Filing of Petitions for Digital Channel Substitutions, Effective Immediately, Public Notice, 26 FCC Rcd 7721 (MB 2011). 23 The Bureau had earlier partially lifted the freeze on the filing for community of license changes that did not require or involve changes in a station’s technical facilities. Public Notice, Media Bureau Partially Lifts Freeze on Filing Petitions for Rulemaking to Change Full Power Stations’ Community of License, 33 FCC Rcd 151 (MB 2018). 24 The new Table includes changes from rulemaking petitions that became effective before the adopted date of this Order. 25 5 U.S.C. §§ 511 et seq. A small number of petitions were dismissed by the staff as defective pursuant to letter rulings. 26 47 CFR § 0.283 delegates authority to the Media Bureau to address “rulemaking proceedings involving the allotment of FM and television channels.” 27 We find good cause to make these revisions to the Table without notice and comment. 5 U.S.C. § 553(b)(3)(B) (providing that notice and comment are not required “when the agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest”). These revisions merely correct outdated information from the 2018 Table as a result of channel reassignments and/or community of license changes that have already been approved by the Commission. The Spectrum Act provided that the right that a broadcast television licensee ordinarily has to protest a modification of its license pursuant to section 316 did not apply in the case of modifications made in connection with the incentive auction. 47 U.S.C. § 1452(h). See 47 U.S.C. § 316. The repack channel assignments were developed using a methodology that itself was subject to notice and comment. Incentive Auction R&O, 29 FCC Rcd at 6789-90, paras. 542-45. Applications for channel reassignments resulting from the incentive auction and repacking process were treated as minor change applications. Id. at 6790-91, para. 546. Such minor change applications that were granted are reflected in the new Table. (continued….) 4 Federal Communications Commission FCC-CIRC211002 Commission, described above: (1) the incentive auction and television repacking process authorized by the Spectrum Act; (2) channel changes requested by stations assigned to new channels as part of the incentive auction repacking process; and (3) changes adopted after lifting the freeze in November 2020 on the filing of rulemaking petitions to change the 2018 Table.28 9. The Appendix to this Order sets forth the new Table, as reflected in section 73.622(j) of the rules. The Table is in the same format, by state and community of license, as the 2018 Table that was contained in section 73.622(i), which we delete herein. The new Table conforms to the 2018 Table, and provides the following updates: • All of the channels that are out-of-core for broadcast television stations since the close of the incentive auction (channels 38 through 51) are deleted. • Channel numbers and associated communities are deleted if a winning bidder in the incentive auction relinquished spectrum usage rights with respect to such channel, unless (1) another station with the same community was assigned to that channel; or (2) a station that is authorized to serve that community is operating as a sharee pursuant to a channel sharing agreement; or (3) the allotment continued to satisfy the pertinent spacing requirements.29 • Channel numbers are changed in states and communities to reflect repacked channels from the Channel Reassignment Public Notice,30 unless such channel was changed as the result of the grant of a major change application filed during one of the two post- incentive auction filing windows or in a subsequent rulemaking proceeding, in which case they reflect those grants. • For stations that are channel sharing, the station’s license authorizations reflect the shared status.31 In addition, the adopted Table includes an “S” at the sharee’s community of license32 to indicate there is a shared station allotted to that community. (Continued from previous page) Applications for alternate channels filed in the post-incentive auction filing windows were treated as major change applications, and thus subject to local public notice requirements and petitions to deny. Incentive Auction R&O, 29 FCC Rcd at 6794, para. 555. Such major change applications that were granted are reflected in the new Table. Changes to the 2018 Table made after various filing freezes were lifted in November 2020 were implemented using notice and comment rulemaking procedures. See, e.g., Amendment of Section 73.622(i), Post-Transition Table of DTV Allotments, Television Broadcast Stations (Eagle River, Wisconsin), MB Docket No. 21-157, Report and Order (DA 21-920, rel. July 29, 2021); Amendment of Section 73.622(i), Post-Transition Table of DTV Allotments, Television Broadcast Stations (New Orleans, Louisiana), MB Docket No. 21-178, Report and Order (DA 21-770, rel. July 2, 2021). Such changes that were granted are reflected in the new Table. 28 In addition, several changes in this category were adopted pursuant to filing freeze waivers. 29 The allotment of one non-sharing, winning bidder station that relinquished its license continued to satisfy distance requirements in the community and that allotment remains in the Table. All other non-sharing, winning bidder station allotments no longer meet distance requirements in the community and are deleted from the Table. 30 See Channel Reassignment Public Notice, 32 FCC Rcd 2786. 31 See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, First Order on Reconsideration and Notice of Proposed Rulemaking, 30 FCC Rcd 6668, para. 20 (2015) (“[W]e will not permanently designate channels as ‘shared’ in the Table of Allotments. Instead, a channel’s shared status will be indicated on a shared station’s license.”) (“First Order on Reconsideration”). See also Channel Sharing by Stations Outside the Broadcast Television Spectrum Incentive Auction Context, Gen. Docket No. 12-268, Report and Order, 32 FCC Rcd 2637, 2660, n.134 (2017) (full power sharee stations outside the auction context seeking to change their community of license are required to file a petition for rulemaking to amend the DTV Table). 32 A “sharee” station is defined as a station relinquishing a channel in order to share with another station. A host (continued….) 5 Federal Communications Commission FCC-CIRC211002 • Channels reserved for noncommercial educational (NCE) television stations continue to be identified in the Table by an asterisk.33 Where an NCE television station is the host in a channel sharing partnership, its portion of the shared channel has been designated as reserved for NCE use with an asterisk.34 Where the NCE television station is the sharee with a commercial station, the television station’s license indicates its NCE status and the “S” at the NCE television station’s community of license also includes an asterisk. B. Deletion of Obsolete Rules 10. In addition, we adopt non-substantive, technical revisions to certain rules in 47 CFR Parts 1, 73, and 74 as set forth in the Appendix, and further described below.35 Specifically, we remove references in certain rule provisions that are now outdated given the reallocation of television channels 38 through 51 for wireless broadband uses, the previous reallocation of channels 52 through 69 for wireless use at the end of the DTV transition in June 2009, and the conversion from analog to digital television technology.36 11. Part 1, Subpart C – Rulemaking Proceedings. We amend section 1.420 (a), (g), (h), and (i),37 which specify the procedures for amending the TV Table of Allotments, by deleting cross-references to “§ 73.606(b)” and replacing them with “§ 73.622(j),” the updated Table of Allotments adopted in this Order. 12. Part 73, Subpart E – Television Broadcast Stations. We amend section 73.62238 to delete the obsolete Tables in sections 73.622(b) and (i),39 which are superseded by section 73.622(j), the updated Table of Allotments adopted in this Order. We also amend section 73.606 of our rules40 by deleting the cross-reference to “Section 73.622(i)” and adding a cross-reference to “Section 73.622(j)”, which sets forth the updated Table of Allotments adopted in this Order. We also designate 73.622(j) as the “successor regulation” to section 73.606.41 (Continued from previous page) station is defined as the station hosting a sharee pursuant to a channel sharing agreement. More than two stations may share a channel, so there may be multiple sharees in a channel sharing relationship, but only one host. See Incentive Auction R&O, 29 FCC Rcd at 6795, n.1580. 33 47 CFR § 73.622(a). 34 First Order on Reconsideration, 30 FCC Rcd 6668 at para. 25. 35 As part of its ongoing efforts to ensure that its rules are current, the Commission will, in a future proceeding, conduct a review of its rules to delete provisions relating to analog television and update other rules pertaining to television. 36 See supra note 6. See also 47 CFR § 74.731(l) (September 1, 2015 Class A digital conversion deadline); 47 CFR § 74.731(m) (July 13, 2021 LPTV digital conversion deadline). Because these revisions merely eliminate provisions of the rules that are no longer effective and thus obsolete due to the reallocation of TV channel 38 and above as well as the conversion from analog to digital television technology, we find good cause to conclude that notice and comment procedures are unnecessary and would not serve any useful purpose in making these revisions. 5 U.S.C. § 553(b)(3)(B) (providing that notice and comment are not required “when the agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest”). 37 47 CFR § 1.420 (specifying procedures for amending the TV Table of Allotments). Section 73.606(b) was an analog TV Table of Allotments and was made obsolete by the transition to digital TV operations. 38 Id. § 73.622 (the digital television table of allotments). 39 Id. § 73.622(b) (initial DTV Table of Allotments, established on April 3, 1997); 73.622(i) (Post-Transition DTV Table of Allotments, established on December 22, 2007). 40 Id. § 73.606. 41 Section 73.606 (the analog TV Table of Allotments) is referenced in the statutory definition of a “qualified noncommercial educational television station” that qualifies for must carry rights, although the statute also refers to (continued….) 6 Federal Communications Commission FCC-CIRC211002 13. We also amend certain Part 73 rules to remove references to channels and frequency bands that are no longer in-core television spectrum given the reallocation of channels 38 through 51 through the incentive auction repack and the previous reallocation of channels 52 through 69 at the end of the DTV transition in June 2009,42 and/or refer to obsolete rule sections 73.606(b), 73.622(b), or 73.622(i) or reference analog TV stations or operations, or otherwise irrelevant information. Specifically, we delete references to the 2018 Table, the obsolete rules sections, and references to channel numbers that are now out-of-core for television stations in each of the following sections: 73.603(a); 73.613(b); 73.614(b)(5), 73.616(a); 73.622(a)(1) and (2), (b), (e)(1) and (2)), (f)(1), (g), (i); 73.623 (a), and (c),43 and (g); 73.681; 73.687(a)(1) and (4), (e)(3) and (4), (i); 73.699; 73.1690 (a)(8) and (c)(3) and (4); 73.3572 (a)(1) and (4)(ii); 73.6006; 73.6010(a) and (c); 73.7000.44 We also delete irrelevant information from section 73.625(a).45 Finally, we delete section 73.3700(f), which sets forth the requirements for filing service rule waiver requests immediately following the close of the incentive auction in 2017.46 Such waiver requests were required to be submitted no later than May 15, 2017 and all such requests have been disposed of in decisions that are now final.47 14. Part 74, Subpart G – Low Power TV, TV Translator, and TV Booster Stations. We also amend a number of Part 74 rules that apply to low power and television translator stations to remove references to channels and frequency bands that are no longer in-core television spectrum and/or reference analog TV operations which are no longer permitted. Specifically, we revise sections (Continued from previous page) “any successor regulation” to section 73.606. 47 U.S.C. § 535(l)(1)(B) (defining “qualified noncommercial educational television station” as, among other things, “a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto”). See also 47 CFR § 76.55(a)(3)(ii) (same). We therefore designate section 73.622(j), the updated Table of Allotments adopted in this Order, as the “successor regulation” to section 73.606. 42 See Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET Docket No. 97-152, Report and Order, 12 FCC Rcd 22953 (1998); Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), GN Docket No. 01-74, Report and Order, 17 FCC Rcd 1022 (2002). 43 Specifically, we are amending section 73.623(c) because it pertains to amendments to section 73.622(b) which we are deleting in this Order. 44 47 CFR §§ 73.603(a) (numerical designation of television channels); 73.613(b) (protection of Class A TV stations; 73.614 (power and antenna height requirements); 73.616 (post-DTV transition interference protection); 73.622 (digital television table of allotments); 73.623 (DTV applications and changes to DTV allotments); 73.625(a) (DTV coverage of principal community and antenna system); 73.681 (definitions); 73.687 (transmission system requirements); 73.699 (TV engineering charts); 73.1690 (modification of transmission systems); 73.3572 (processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications); 73.6006 (channel assignments); 73.6010(a) (Class A TV station protected contour); 73.7000 (definition of terms in subpart K of Part 73). 45 This rule sets forth the community coverage contour signal strength that stations must provide to the entire principal community to be served. The deleted material sets forth the signal strength of a station’s noise limited contour, which represents the station’s overall coverage, and thus, has no applicability to section 73.625(a) and deleting it does not alter the rule and avoids confusion. 46 47 § 73.3700(f). See 47 U.S.C. § 1452(b)(4)(B) (providing that a television licensee may, instead of being reimbursed for relocation costs, receive a waiver of the Commission’s “service rules” permitting it to make “flexible use” of its spectrum in order “to provide services other than broadcast television services”). 47 Channel Reassignment Public Notice, 32 FCC Rcd 2786, para. 92. 7 Federal Communications Commission FCC-CIRC211002 74.702(a)(2) and (3), (b); 74.703 (f) and (g); 74.707; 74.735(a), (b), and (c); 74.786 (c) and (d)-(g); 74.787(c); 74.792(a); and 74.795(c)(1).48 IV. PROCEDURAL MATTERS 15. Regulatory Flexibility Analysis. Because these rule changes are being adopted without notice and comment, the Regulatory Flexibility Act, 5 U.S.C. §§ 601 et seq., does not apply. 49 16. Paperwork Reduction Act. This Order does not contain new or substantively modified information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. §§ 3501-3520). In addition, 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, Public Law 107-198, see 44 U.S.C. § 3506(c)(4). 17. Congressional Review Act. [The Commission will submit this draft Order to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for concurrence as to whether this rule is “major” or “non-major” under the Congressional Review Act, 5 U.S.C. § 804(2).] The Commission will send a copy of this Order to Congress and the Government Accountability office, pursuant to 5 U.S.C. § 801(a)(1)(A). V. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 4(i), 303(g) and (r), and 307(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(g), (r), and 307(b), and in section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C § 553(b)(3)(B), effective 30 days after the date of publication of this Order in the Federal Register, the Commission’s Rules ARE AMENDED as set forth in the Appendix. 19. IT IS ORDERED, that pursuant to section 801(a)(1)(A) of the Congressional Review Act, 5 U.S.C. § 801(a)(1)(A), the Commission SHALL SEND a copy of this Order to Congress and to the Government Accountability Office. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 48 47 CFR §§ 74.702 (channel assignments); 74.703 (interference); 74.707 (low power TV and TV translator station protection); 74.735 (power limitations); 74.786 (digital channel assignments); 74.787 (digital licensing); 74.792 (digital low power TV and TV translator protected contour); and 74.795 (digital low power TV and TV translator transmission system facilities). 49 See 5 U.S.C. §§ 601(2) (definition of “rule”), 604(a) (requiring a final regulatory flexibility analysis when an agency promulgates a final rule “after being required … to publish a general notice of proposed rulemaking”). 8 Federal Communications Commission FCC-CIRC211002 APPENDIX Final Rules Deleted text is marked with a strikethrough and bolded other text is currently and remains part of the Commission’s rules. Part 1 of Title 47, Subpart C, Rulemaking Proceeding of the U.S. Code of Regulations is amended to read as follows: PART 1 1. The Authority citation for Part 1 continues to read as follows: AUTHORITY: 5 U.S.C. 553 2. Section 1.420 is amended by revising paragraphs (a), (g), (h), and (i) as follows: (a) Comments filed in proceedings for amendment of the FM Table of Allotments (§73.202 of this chapter) or the Television Table of Allotments (§73.606622(j) of this chapter) which are initiated on a petition for rule making shall be served on petitioner by the person who files the comments (g) The Commission may modify the license or permit of a UHF TV station to a VHF channel in the same community in the course of the rule making proceeding to amend §73.606(b)622(j), or it may modify the license or permit of an FM station to another class of channel through notice and comment procedures, if any of the following conditions are met: * * * (h) Where licensees (or permittees) of television broadcast stations jointly petition to amend §73.606(b)622(j) and to exchange channels, and where one of the licensees (or permittees) operates on a commercial channel while the other operates on a reserved noncommercial educational channel within the same band, and the stations serve substantially the same market, then the Commission may amend §73.606(b)622(j) and modify the licenses (or permits) of the petitioners to specify operation on the appropriate channels upon a finding that such action will promote the public interest, convenience, and necessity (i) In the course of the rule making proceeding to amend §73.202(b) or §73.606(b)622(j), the Commission may modify the license or permit of an FM or television broadcast station to specify a new community of license where the amended allotment would be mutually exclusive with the licensee's or permittee's present assignment. *** Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended to read as follows: PART 73 – RADIO BROADCAST SERVICES 3. The Authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. *** 9 Federal Communications Commission FCC-CIRC211002 4. Section 73.603 is amended by revising paragraph (a) as follows to delete references to channels 38 through 69 and 614 through 806 MHz: (a) Channel No. Frequency band (MHz) 2 54-60 3 60-66 4 66-72 5 76-82 6 82-88 7 174-180 8 180-186 9 186-192 10 192-198 11 198-204 12 204-210 13 210-216 14 470-476 15 476-482 16 482-488 17 488-494 18 494-500 19 500-506 20 506-512 21 512-518 22 518-524 23 524-530 24 530-536 25 536-542 26 542-548 27 548-554 28 554-560 29 560-566 30 566-572 31 572-578 32 578-584 33 584-590 34 590-596 35 596-602 36 602-608 *** 5. Section 73.606 is amended as revised to read as follows: The table of allotments set forth in Section 73.622(i)(j) of this Part contains the channels designated for the listed communities in the United States, its Territories, and possessions. Channels designated with an asterisk are assigned for use by noncommercial educational broadcast stations only. 10 Federal Communications Commission FCC-CIRC211002 6. Section 73.613 is amended by revising paragraph (b) as follows: (b) Due to the frequency spacing which exists between TV channels 4 and 5, between channels 6 and 7, and between channels 13 and 14, first-adjacent channel protection standards shall not be applicable to these pairs of channels. Some interference protection requirements of this section only apply to stations transmitting on the UHF TV channels 14 through 5136 (See § 73.603(a) of this part). *** 7. Section 73.614 is amended by revising paragraph (b)(5) as follows: (b) Maximum power. Applications will not be accepted for filing if they specify a power which exceeds the maximum permitted boundaries specified in the following formulas: (5) Channels 14-6936 in Zones I, II, and III: ERPMax = 84.57-17.08* Log10 (HAAT) And, 27 dBk ≤ERPMax≤37 dBk Where: ERPMax = Maximum Effective Radiated Power measured in decibels above 1 kW (dBk). HAAT = Height Above Average Terrain measured in meters. The boundaries specified are to be used to determine the maximum possible combination of antenna height and ERPdBk. When specifying an ERPdBk less than that permitted by the lower boundary, any antenna HAAT can be used. Also, for values of antenna HAAT greater than 2,300 meters the maximum ERP is the lower limit specified for each equation. *** 8. Section 73.616 is amended by revising paragraph (a) as follows: (a) A petition to add a new channel to the post-transition DTV Table of Allotments contained in §73.622(i)(j) of this subpart will not be accepted unless it meets: the DTV-to-DTV geographic spacing requirements of §73.623(d) with respect to all existing DTV allotments in the post-transition DTV Table; the principle community coverage requirements of §73.625(a); the Class A TV and digital Class A TV protection requirements in paragraph (f) of this section; the land mobile protection requirements of §73.623(e); and the FM radio protection requirement of §73.623(f). *** 9. Section 73.622 is amended by revising paragraph (a) as follows: (a) General. The following table of allotments contains the digital television (DTV) channel allotments designated for the listed communities in the United States, its Territories, and possessions. The initial DTV Table of Allotments was established on April 3, 1997, to provide a second channel for DTV service for all eligible analog television broadcasters. Requests for addition of new DTV allotments, or requests to change the channels allotted to a community must be made in a petition for rule 11 Federal Communications Commission FCC-CIRC211002 making to amend the DTV Table of Allotments. A request to amend the DTV table to change the channel of an allotment in the DTV table will be evaluated for technical acceptability using engineering criteria set forth in §73.623(c). A request to amend the DTV table to add a new allotment will be evaluated for technical acceptability using the geographic spacing criteria set forth in §73.623(d). DTV allotments designated with an asterisk are assigned for use by non-commercial educational broadcast stations only. Stations operating on DTV allotments designated with a “c” are required to comply with paragraph (g) of this section. Rules governing noncommercial educational TV stations are contained in §73.621. Where there is only one technically available channel available in a community, an entity that would be eligible to operate a noncommercial educational broadcast station may, prior to application, initiate a rulemaking proceeding requesting that an unoccupied or new channel in the community be changed or added as reserved only for noncommercial educational broadcasting upon demonstrating that the noncommercial educational proponent would provide a first or second noncommercial educational TV service to 2,000 or more people who constitute 10% of the population within the proposed allocation's noise limited contour. (1) Petitions requesting the addition of a new allotment must specify a channel in the range of channels 2-5136. (2) Petitions requesting a change in the channel of an initial allotment must specify a channel in the range of channels 2-58. *** 10. Remove § 73.622(b), (f)(1), (g), and (i). Revise rule to add § 73.622(j). § 73.622(b) (DTV Table of Allotments) (f)(1) DTV maximum power and antenna heights. (1) The maximum, or reference, effective radiated power (ERP) and antenna height above average terrain (antenna HAAT) for an allotment included in the initial DTV Table of Allotments are set forth in Appendix B of the Memorandum Opinion and Order (referenced in paragraph (c) of this section). In each azimuthal direction, the reference ERP value is based on the antenna HAAT of the corresponding analog TV station and achieving predicted coverage equal to that analog TV station's predicted Grade B contour, as defined in section 73.683. (g) DTV stations operating on channels above an analog TV station. (1) DTV stations operating on a channel allotment designated with a “c” in paragraph (b) of this section must maintain the pilot carrier frequency of the DTV signal 5.082138 MHz above the visual carrier frequency of any analog TV broadcast station that operates on the lower adjacent channel and is located within 88 kilometers. This frequency difference must be maintained within a tolerance of ±3 Hz. (2) Unless it conflicts with operation complying with paragraph (g)(1) of this section, where a low power television station or TV translator station is operating on the lower adjacent channel within 32 km of the DTV station and notifies the DTV station that it intends to minimize interference by precisely maintaining its carrier frequencies, the DTV station shall cooperate in locking its carrier frequency to a common reference frequency and shall be responsible for any costs relating to its own transmission system in complying with this provision 12 Federal Communications Commission FCC-CIRC211002 (i) Post-Transition of DTV Allotments [Removed] *** 11. Section 73.622 is amended by revising paragraph (e)(1) as follows: (e) DTV Service Areas. (1) The service area of a DTV station is the geographic area within the station's noise-limited F(50,90) contour where its signal strength is predicted to exceed the noise-limited service level. The noise-limited contour is the area in which the predicted F(50,90) field strength of the station's signal, in dB above 1 microvolt per meter (dBu) as determined using the method in section 73.625(b) exceeds the following levels (these are the levels at which reception of DTV service is limited by noise): dBu Channels 2-6 28 Channels 7-13 36 Channels 14-6936 41 *** 12. Section 73.622 is amended by revising paragraph (e)(2) as follows: (2) Within this contour, service is considered available at locations where the station's signal strength, as predicted using the terrain dependent Longley-Rice point-to-point propagation model, exceeds the levels above. Guidance for evaluating coverage areas using the Longley-Rice methodology is provided in OET Bulletin No. 69. Copies of this document are available on the FCC's website. See https://www.fcc.gov/general/oet-bulletins-line. Note to paragraph (e)(2): During the transition, in cases where the assigned power of a UHF DTV station in the initial DTV Table is 1000 kW, the Grade B contour of the associated analog television station, as authorized on April 3, 1997, shall be used instead of the noise-limited contour of the DTV station in determining the DTV station's service area. In such cases, the DTV service area is the geographic area within the station's analog Grade B contour where its DTV signal strength is predicted to exceed the noise-limited service level, i.e., 41 dB, as determined using the Longley-Rice methodology. *** 13. Section 73.622(j) Table of TV Allotments is inserted as follows: Alabama Community Channel No. Anniston 9 Bessemer 14 Birmingham 7, *10, 20, 29, 30 Demopolis *19 Dothan 21, 36 Dozier *10 Florence 2, *22 13 Federal Communications Commission FCC-CIRC211002 Gadsden 26 Gulf Shores 27 Homewood 21 Hoover 33 Huntsville 15, 17, 18, 19, *24 Louisville *30 Mobile 9, 15, 18, 20, 23, *30 Montgomery 8, 22, *27, 28, 31 Mount Cheaha *12 Opelika 17 Ozark 33 Selma 25, 34 Troy 19 Tuscaloosa 6, 36 Tuskegee 18 Alaska Community Channel No. Anchorage 7, *8, 10, 12, 20, *26, 28, 33 Bethel *3 Fairbanks 7, *9, 18, 26 Juneau *10, 11 Ketchikan 13 North Pole 20 Sitka 7 Arizona Community Channel No. Douglas 36 Flagstaff 13, 22, 32 Green Valley 34 Holbrook *11 Kingman 19 Mesa 18 Phoenix *8, 10, 15, 17, 20, 24, 26, 27, 29, 33 Prescott 7 Sierra Vista 21 Tolleson 31 Tucson 9, 16, 19, 23, 25, *28, *30, 32 Yuma 11, 13 Arkansas Community Channel No. Arkadelphia *13 Camden 18 El Dorado *10, 27 Eureka Springs 25 Fayetteville *9, 15 Fort Smith 18, 21, 27 Harrison 31 Hot Springs 16 Jonesboro 18, *20, 27 14 Federal Communications Commission FCC-CIRC211002 Little Rock *7, 12, 22, 28, 30, 32, *36 Mountain View *13 Pine Bluff 24, 34 Rogers 33 Springdale 29 California Community Channel No. Anaheim 12 Arcata 22 Avalon S Bakersfield 10, 25, 26, 33 Bishop 20 Calipatria 36 Ceres *15 Chico 20, 36 Clovis 27 Concord S Corona 25 Cotati *5 El Centro 9, 22 Eureka 3, *11, 17, 28 Fort Bragg 8 Fremont S Fresno 7, 20, 30, *32, 34 Garden Grove S Hanford 21 Huntington Beach *S Inglewood S Long Beach 18 Los Angeles 4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S Merced 11 Modesto 18 Monterey 32, S Oakland 31 Ontario 29 Palm Springs 26, 28 Palo Alto S Paradise 30 Porterville 23 Rancho Palos Verdes 30 Redding *9, 15 Riverside S Sacramento *9, 10, 21, 22, 24, 35 Salinas 8, 11 San Bernardino *5, 24 San Diego 8, 10, 17, 18, *19, 26 San Francisco 7, 12, 20, 28, 29, *30, 32, S, S, *S San Jose 13, 19, 33, 36, *S San Luis Obispo 15, 34 San Mateo *27 Sanger 36 15 Federal Communications Commission FCC-CIRC211002 Santa Ana 33 Santa Barbara 21, 27 Santa Maria 19 Stockton 23, 25, 26 Twentynine Palms 23 Vallejo 34 Ventura S Visalia *22, 28 Watsonville *25 Colorado Community Channel No. Boulder 32 Broomfield *13 Castle Rock 15 Colorado Springs 22, 24, 26 Denver 7, 9, 18, *20, 28, 31, *33, 34, 35, 36 Durango 15, *20, 33 Fort Collins 21 Glenwood Springs 23 Grand Junction 2, 7, 12, 15, *18 Greeley 17 Longmont 29 Montrose 13 Pueblo *8, 25, 27 Steamboat Springs 10 Sterling 23 Connecticut Community Channel No. Bridgeport S Hartford *30, 34, 36, S New Britain 31 New Haven 10, S, *S New London 28 Norwich *9 Stamford *21 Waterbury 33 Delaware Community Channel No. Dover 5 Seaford *24 Wilmington 2, *13, 34 District of Columbia Community Channel No. Washington 7, 9, *31, *33, 34, 36, S, S 16 Federal Communications Commission FCC-CIRC211002 Florida Community Channel No. Boca Raton *25 Boynton Beach *S Bradenton 29 Cape Coral 34 Clearwater 21 Clermont 23 Cocoa *30, 32 Daytona Beach 11, 15 Destin 29 Fort Lauderdale 30 Fort Myers 15, *22, 31 Fort Pierce *18, 20 Fort Walton Beach 14, 21, 25 Gainesville 8, 16, *36 High Springs 29 Hollywood 24 Jacksonville *9, 13, 14, 18, 19, 20, *21 Key West 3, 8 Lake Worth 36 Lakeland 18 Leesburg 7, *S Live Oak 17 Marianna 26 Melbourne 14, 22 Miami 9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32 Naples 28, 32 New Smyrna Beach *24 Ocala 31 Orange Park 10 Orlando 26, 27, 28, 33, *34, 35 Palm Beach 7 Panama City 9, 13, 16, *28 Panama City Beach 33 Pensacola 17, *24, 34, 35 Sarasota 24 St. Petersburg 10, 19, S Stuart 34 Tallahassee 22, 24, 27, *32 Tampa 9, 12, *13, 17, 20, *S Tequesta 16 Tice 33 Venice 25 West Palm Beach 12, 13, 35 Georgia Community Channel No. Albany 10, 29 Athens *7, 18 Atlanta 10, 19, *21, 25, 27, 31, 32, *34, 36 Augusta 27, 28, 36 17 Federal Communications Commission FCC-CIRC211002 Bainbridge 19 Baxley 35 Brunswick 24 Chatsworth *4 Cochran *9 Columbus *5, 11, 15, 24, 35 Cordele 34 Dalton 28 Dawson *7 Macon 13, 26, 30, 33 Monroe 22 Pelham *6 Perry 23 Rome 16 Savannah *8, 16, 22, 23 Thomasville 20 Toccoa 24 Valdosta 31 Waycross *7 Wrens *6 Hawaii Community Channel No. Hilo 9, 11, 13, 22, 23 Honolulu 8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33, 35 Kailua 29 Kailua-Kona 25 Kaneohe 32 Wailuku 7, *10, 12, 16, 21, 24 Waimanalo 15 Idaho Community Channel No. Boise 7, 15, 20, *21 Caldwell 10 Coeur d'Alene *18 Filer *18 Idaho Falls 8, 20, 36 Lewiston 32 Moscow *12 Nampa 13, 24 Pocatello *17, 23, 31 Sun Valley 5 Twin Falls 11, *22, 34 Illinois Community Channel No. Aurora S Bloomington 28 Carbondale *8 Champaign 32, 34 Charleston *30 18 Federal Communications Commission FCC-CIRC211002 Chicago 12, 19, 22, 23, 24, *25, 33, 34, S, *S Decatur 20, 22 East St. Louis 28 Freeport 9 Galesburg 8 Harrisburg 34 Jacksonville *18 Joliet 35 Macomb *36 Marion 30 Moline *23, 31 Mount Vernon 13 Naperville S Olney *23 Oswego 10 Peoria 24, 25, 26, *35 Quincy 22, 32, *34 Rock Island 4 Rockford 13, 16, 36 Springfield 11, 15, 16 Urbana *9, 36 Indiana Community Channel No. Angola 12 Bloomington 27, 28, *33, S Elkhart 30 Evansville *9, 12, 22, 26, 28 Fort Wayne *18, 20, 24, 32, 34 Gary *17, S Hammond 21 Indianapolis 7, 9, 13, *21, 22, *23, 25 Kokomo 15 Lafayette 11 Marion S Muncie 19 Richmond S Salem 16 South Bend 27, 29, *31, 36 Terre Haute 10, 18, 35 Vincennes *31 Iowa Community Channel No. Ames 5, 23, *34 Burlington 21 Cedar Rapids 22, 27, 29, 32 Council Bluffs *33 Davenport 17, 30, *34 Des Moines 8, *11, 13, 16, 19 Dubuque 14 Fort Dodge *25 19 Federal Communications Commission FCC-CIRC211002 Iowa City *12, 25 Mason City *18, 24 Newton 36 Ottumwa 15 Red Oak *35 Sioux City 9, 14, *28, 30, 32 Waterloo 7, *35 Kansas Community Channel No. Colby 17, *19 Derby 31 Dodge City *21 Ensign 6 Garden City 11, 13 Goodland 10 Great Bend 22 Hays 7, *16 Hoisington 14 Hutchinson *8, 19, 35 Lakin *8 Lawrence 25 Pittsburg 7, 13 Salina 17 Topeka *11, 12, 13, 16, 27 Wichita 10, 12, 15, 26 Kentucky Community Channel No. Ashland 13, *36 Beattyville 7 Bowling Green 13, *18, 24, *29 Covington *22 Danville 19 Elizabethtown *23 Harlan S Hazard 12, *33 Lexington 21, 27, 28, *35 Louisville 8, 11, 14, *30, 32, *34, 36 Madisonville *31 Morehead *30 Murray *17 Newport 15 Owensboro 17 Owenton *24 Paducah 19, *23, 25 Pikeville *23 Richmond 25 Somerset *17 20 Federal Communications Commission FCC-CIRC211002 Louisiana Community Channel No. Alexandria 26, 31, *33, 35 Baton Rouge 9, 13, 24, *25, 34 Columbia 11 Hammond 35 Lafayette 10, 16, *23, 28 Lake Charles 7, 18, *20 Minden 32 Monroe 8, *13 New Iberia 17 New Orleans 15, 19, 21, *23, 26, 27, *28, 29, 33 Shreveport 16, *17, 23, 28, 34 Slidell 17 West Monroe 19, 22 Maine Community Channel No. Augusta *10 Bangor 2, 7, 13 Biddeford *36 Calais *10 Lewiston 24 Orono *9 Poland Spring 8 Portland 15, 31, 34 Presque Isle 8, *10 Waterville 17 Maryland Community Channel No. Annapolis *21 Baltimore 11, 12, *22, 25, 26, 27, S Frederick *28 Hagerstown 23, *29 Oakland *26 Salisbury *16, 29, 32 Silver Spring S Massachusetts Community Channel No. Boston *5, 20, 21, 22, *32, 33, 34, 35 Cambridge S Foxborough S Lowell *S Marlborough 27 New Bedford 24, S Norwell 10 Pittsfield 7 Springfield 11, *13, 26 Woburn S Worcester 19 21 Federal Communications Commission FCC-CIRC211002 Michigan Community Channel No. Alpena 11, *24 Ann Arbor 24 Bad Axe *15 Battle Creek 17, 21 Bay City 23, 30 Cadillac 9, 32, *34 Calumet 5 Cheboygan 16 Detroit 7, *20, 21, 25, 31, 32, 34 East Lansing *33 Escanaba 32 Flint 12, 16 Grand Rapids 7, *11, 13, 19 Ishpeming 10 Kalamazoo *5, 8, 22 Lansing 14, 28, S Manistee *20 Marquette *8, 19, 35 Mount Clemens 27 Mount Pleasant *26 Muskegon 24 Onondaga 10 Saginaw 18, 36 Sault Ste. Marie 8, 10 Traverse City 29, 35 Vanderbilt 21 Minnesota Community Channel No. Alexandria 7, 24 Appleton *10 Austin *20, 36 Bemidji *9, 26 Brainerd *28 Chisholm 11 Crookston *16 Duluth *8, 10, 18, 27, 33 Hibbing 13, *31 Mankato 12 Minneapolis 9, 22, 29, 30, 31, 32 Redwood Falls 27 Rochester 10, 26 St. Cloud 16 St. Paul *23, *34, 35 Thief River Falls 10 Walker 12 Worthington *15 22 Federal Communications Commission FCC-CIRC211002 Mississippi Community Channel No. Biloxi *16, 32 Booneville *9 Bude *18 Columbus 27 Greenville 15 Greenwood *25, 32 Gulfport 25 Hattiesburg 22 Holly Springs 26 Jackson 12, 14, *20, 21, 23, 30 Laurel 7 Magee 34 Meridian 13, 24, *28, 31 Mississippi State *8 Natchez 15 Oxford *36 Senatobia *S Tupelo 11, 17 Vicksburg 36 West Point 16 Missouri Community Channel No. Cape Girardeau 32, 36 Columbia 17, 27 Hannibal 22 Jefferson City 20, 29 Joplin 17, 23, *35 Kansas City *18, 24, 29, 30, 31, 32, 34, 36 Kirksville 33 Osage Beach 22 Poplar Bluff 15 Sedalia 15 Springfield 10, *16, 19, 28 St. Joseph 7, 21 St. Louis 14, *23, 24, 26, 31, 33, 35 Montana Community Channel No. Billings 10, 11, *16, 18 Bozeman *8, 13 Butte 5, 19, 20, 24 Glendive 5 Great Falls 7, 8, 17, *21, 26 Hardin 22 Havre 9 Helena 12, 29 Kalispell 9, *15 Miles City 3 Missoula 7, *11, 20, 23 23 Federal Communications Commission FCC-CIRC211002 Nebraska Community Channel No. Alliance *13 Bassett *7 Grand Island 11 Hastings 5, *28 Hayes Center 6 Kearney 18 Lexington *26 Lincoln 8, 10, *12, 15 McCook 12 Merriman *12 Norfolk *19 North Platte 2, *9 Omaha *17, 20, 22, 26, 29, 31 Scottsbluff 29 Sidney 7 York 24 Nevada Community Channel No. Elko 10 Ely 27 Henderson 9 Las Vegas 2, 7, *11, 13, 16, 22, 29 Laughlin 32 Paradise 20 Reno 8, 11, 12, *15, 20, 23, 26 Tonopah 9 Winnemucca 7 New Hampshire Community Channel No. Concord 23 Derry S Durham *11 Keene *18 Littleton *23 Manchester 9 Merrimack 29 New Jersey Community Channel No. Atlantic City 4 Camden *23 Jersey City S Linden 35 Middletown Township 3 Millville S Montclair *S Mount Laurel S New Brunswick *8 24 Federal Communications Commission FCC-CIRC211002 Newark 12, 26 Newton 18 Paterson S Princeton S Secaucus 25 Trenton *S Vineland S Wildwood 36 New Mexico Community Channel No. Albuquerque 7, 13, 16, *17, 22, 24, 26, *35, 36 Carlsbad 19, 25 Clovis 12 Farmington 12 Hobbs 29 Las Cruces *23, 26 Portales *32 Roswell 8, 10, 21, 27 Santa Fe *8, 10, 27, 29 Silver City 10, 12 New York Community Channel No. Albany 8, 12, 24 Amsterdam 19 Batavia 24 Binghamton 7, 8, 27, *31 Buffalo 16, *31, 32, 33, 34, 36, S Carthage 8 Corning *25, 30 Elmira 23, 35 Garden City *32 Ithaca 13 Jamestown 5 New Rochelle S New York 7, 11, *24, 27, 34, 36, S Norwood *23 Plattsburgh 14, *36 Riverhead 29 Rochester 9, 10, 21, *22, 28 Saranac Lake 34 Schenectady 22, *25, 35 Smithtown 23 Springville 7 Syracuse 14, 15, 17, 18, 19, *20, 36 Utica 29, 30, 34 Watertown *26, 31 25 Federal Communications Commission FCC-CIRC211002 North Carolina Community Channel No. Archer Lodge S Asheville 13, *20, S Belmont 25 Burlington 26 Chapel Hill *20 Charlotte *9, 18, 19, 23, 24 Concord *21 Durham 9, 14 Edenton *29 Fayetteville 22 Goldsboro 8 Greensboro 28, 35, S Greenville 12, 19, *25, 36 Hickory 14 High Point 31 Jacksonville 16, *28 Kannapolis 32 Lexington S Linville *36 Lumberton *30 Manteo 13 New Bern 10 Raleigh 15, 17, 18 Roanoke Rapids *27 Rocky Mount 32 Wake Forest S Washington 34 Wilmington *21, 23, 24, 29 Winston-Salem 16, 29, *33 North Dakota Community Channel No. Bismarck 12, 17, *22, 26, 31 Devils Lake 8, *25 Dickinson 7, *9, 19 Ellendale *20 Fargo *13, 19, 21, 36 Grand Forks *15, 27 Jamestown 7 Minot 10, 13, 14, *15, 24 Pembina 12 Valley City 24 Williston 8, *11, 14 Ohio Community Channel No. Akron 17, 22, *24 Alliance *29 Athens *32 Bowling Green *22 26 Federal Communications Commission FCC-CIRC211002 Cambridge *6 Canton S, S Chillicothe 23 Cincinnati 12, *17, 18, 20, 26 Cleveland 8, 15, 19, *35, 36 Columbus 14, *16, 21, 27, 28 Dayton 31, 33, 34, *35, 36 Lima 4, 8 London S Lorain S Mansfield 12 Oxford *29 Portsmouth 15 Sandusky 3 Shaker Heights 10 Springfield S Steubenville 9 Toledo 5, 11, 13, 23, 26, *29 Youngstown 31, 33, S Zanesville 30 Oklahoma Community Channel No. Ada 17 Bartlesville 36 Cheyenne *8 Claremore *32 Eufaula *31 Lawton 11 Muskogee 20 Norman 16 Oklahoma City 7, *13, 15, 18, 19, 23, 24, 25, 27, 33 Okmulgee 28 Shawnee 29 Tulsa 8, 10, *11, 12, 16, 22, 26, 34 Woodward 35 Oregon Community Channel No. Bend *11, 18, 21 Coos Bay 11, 22 Corvallis *7 Eugene 9, 17, 28, *29, 31 Grants Pass 30 Klamath Falls 13, 29, *33 La Grande *13, 16 Medford 5, *8, 10, 12, 26 Pendleton 11 Portland *10, 12, 24, 25, 26, 32 Roseburg 18, 19, 36 Salem 22, 33 27 Federal Communications Commission FCC-CIRC211002 Pennsylvania Community Channel No. Allentown S, *S Altoona 6, 24, 31 Bethlehem 9 Clearfield *15 Erie 12, 21, 26, *27, 28 Greensburg 28 Harrisburg 10, 32, *36 Hazleton 22 Jeannette 11 Johnstown 8, 35 Lancaster 8, S Philadelphia 6, 17, 28, 30, 31, 33, *S Pittsburgh *4, 16, 20, 21, 23, 25, 27 Red Lion S Scranton 12, 21, 33, 34, *S Wilkes-Barre 11 Williamsport 29 Willow Grove S York S Rhode Island Community Channel No. Newport 17 Providence *2, 7, 12, 25 South Carolina Community Channel No. Allendale *21 Anderson 35 Beaufort *32 Charleston 17, 19, 20, *24, 25, 34 Columbia 7, 10, 15, 22, 25, *33 Conway *28 Florence 13, *16, 26, 27 Greenville 2, *8, 17, 30 Greenwood *26 Hardeeville 26 Myrtle Beach 32, 36 Rock Hill 34, S Spartanburg 11, *S Sumter *29, 31 South Dakota Community Channel No. Aberdeen 9, *17 Brookings *8 Eagle Butte *13 Florence 3 Huron 12 Lead 5, 10 28 Federal Communications Commission FCC-CIRC211002 Lowry *11 Martin *8 Mitchell 26 Pierre *10, 19 Rapid City 2, 7, 16, 21, *26 Reliance 13 Sioux Falls 7, 11, 13, 21, *24, 36 Vermillion *34 Tennessee Community Channel No. Chattanooga 8, 9, 13, 14, *35 Cleveland 23 Cookeville *22 Crossville 31 Franklin 32 Greeneville 28 Hendersonville 33 Jackson 21, 35 Jellico 18 Johnson City 9 Kingsport 32 Knoxville 7, 10, 15, 26, *29, 34 Lebanon 25 Lexington *27 Memphis 5, 13, 23, 25, 28, *29, 31, 33 Murfreesboro 16 Nashville *7, 10, 20, 21, 27, 30, 36 Sneedville *24 Tazewell 36 Texas Community Channel No. Abilene 15, 29, 30 Alvin 36 Amarillo *9, 10, 15, 19, 20 Arlington 25 Austin 7, 21, *22, 23, 33, 34 Baytown 31 Beaumont 12, 15, *29 Belton 17 Big Spring 33 Blanco 18 Borger 31 Bryan 24 College Station 16, 29 Conroe *12 Corpus Christi 8, 10, 19, *23, 26, 27 Dallas 8, *14, 21, 27, 32, 35, 36 Decatur 30 Del Rio 28 Denton *29 29 Federal Communications Commission FCC-CIRC211002 Eagle Pass 18 El Paso *13, 15, 16, 17, 18, 20, *21, 25 Farwell 18 Fort Worth 9, 18, 19, 24 Fredericksburg 8 Galveston 22, *23 Garland 33 Greenville 23 Harlingen 16, 18, *21 Houston *8, 11, 13, 19, 21, *24, 26, 34, 35 Irving 34 Jacksonville 22 Katy 25 Kerrville 32 Killeen 13 Lake Dallas 31 Laredo 8, 19 Llano 27 Longview 20, S Lubbock 16, *25, 27, 31, 35, 36 Lufkin 9 McAllen 17 Midland 18, 26 Nacogdoches 15 Odessa 7, 9, 15, 23, *28, 30 Port Arthur 27 Rio Grande 14 Rosenberg 30 San Angelo 11, 16, 19 San Antonio *9, 12, 15, *16, 24, 28, 29, 30 Sherman 12 Snyder 17 Sweetwater 20 Temple 9 Texarkana 26 Tyler 7 Uvalde 26 Victoria 11, 20 Waco 10, *20, 26, 28 Weslaco 13 Wichita Falls 15, 22, 28 Wolfforth 23 Utah Community Channel No. Cedar City 14 Logan 12 Ogden 24, 35, *36 Price 11 Provo *17, 29, 32 Richfield *19 Salt Lake City 19, 20, 23, *27, 28, 30, 34 30 Federal Communications Commission FCC-CIRC211002 St. George *18, 21 Vernal 16 Vermont Community Channel No. Burlington 7, 16, 20, *32 Montpelier S Rutland *10 St. Johnsbury *28 Windsor *S Virginia Community Channel No. Arlington 15 Ashland 8 Bristol 35 Charlottesville 2, *26, 32 Culpeper *S Danville S Grundy 14 Hampton 11 Hampton-Norfolk *31 Harrisonburg 20 Lynchburg 7, 21 Manassas 35 New Market *S Norfolk 16, 32, 33 Petersburg 28 Portsmouth 19, 20 Richmond 10, *22, 23, 24, *29 Roanoke *3, 27, 30, 34, 36 Spotsylvania *S Staunton *12 Virginia Beach 7, 21 Washington Community Channel No. Bellevue 24, 33 Bellingham 14, 19 Centralia *19 Everett 31 Kennewick 27 Pasco 18 Pullman *10, 24 Richland *22, 26 Seattle *9, 16, 23, 25, 30, 36 Spokane *7, 13, 15, 20, 28, 34, 36 Tacoma 11, 13, 21, *27, *34 Vancouver 30 Walla Walla 9 Yakima 14, 16, *21, 33 31 Federal Communications Commission FCC-CIRC211002 West Virginia Community Channel No. Bluefield 17, 25 Charleston 18, 24, 29 Clarksburg 12, 13 Grandview *8 Huntington *9, 10, 22 Lewisburg 11 Martinsburg 13 Morgantown *34 Oak Hill 31 Parkersburg 35 Weston 5 Wheeling 7 Wisconsin Community Channel No. Antigo 19 Appleton 36 Chippewa Falls 21 Crandon 13 Eagle River 26, 28 Eau Claire 17, 25 Fond du Lac 5 Green Bay 14, 18, 22, 23, *25 Janesville 21 Kenosha 30 La Crosse 8, *15, 28, 33 Madison 11, 18, 19, *20, 26 Mayville 34 Menomonie *27 Milwaukee *8, 27, 28, 29, 31, 32, S, *S Park Falls *36 Racine S Rhinelander 16 Superior 19 Suring 15 Wausau 7, 9, *24 Wittenberg 31 Wyoming Community Channel No. Casper *8, 12, 14, 17, 20 Cheyenne 11, 27, 30 Jackson 11 Lander 7, *8 Laramie *8 Rawlins 9 Riverton 10 Rock Springs 13 Sheridan 7, 13 32 Federal Communications Commission FCC-CIRC211002 Guam Community Channel No. Hagåtña 8, 12 Tamuning 14 Puerto Rico Community Channel No. Aguada 25 Aguadilla 12, 17 Arecibo 35 Bayamón S Caguas 11, *24 Carolina 30 Fajardo 13, *15, 16 Guayama 34 Humacao 23 Mayagüez 20, 29, 31, 32 Naranjito 18 Ponce 7, 9, 14, *19, 36, S San Juan 21, *26, 27, 28, S San Sebastián 33 Toa Baja *S Yauco S US Virgin Islands Community Channel No. Charlotte Amalie 17, 21, *36 Christiansted 20, 23 *** 14. Section 73.623 is amended by revising paragraph (a) as follows and deleting paragraphs (c) and (g). (a) General. This section contains the technical criteria for evaluating applications requesting DTV facilities that do not conform to the provisions of §73.622 and petitions for rule making to amend the pre-transition DTV Table of Allotments (§73.622(bj)). Petitions to amend the DTV Table (other than those also expressly requesting amendment of this section) and applications for new DTV broadcast stations or for changes in authorized DTV stations filed pursuant to this section will not be accepted for filing if they fail to comply with the requirements of this section. Petitions for rule making and applications seeking facilities that will operate after the end of the DTV transition must also comply with §73.616. (c) Minimum technical criteria for modification of DTV allotments included in the initial DTV Table of Allotments and for applications filed pursuant to this section (g) Negotiated agreements on interference. Notwithstanding the minimum technical criteria for DTV allotments specified above, DTV stations operating on allotments that are included in the initial DTV Table may: operate with increased ERP and/or antenna HAAT that would result in additional interference to another DTV station or an analog TV station if that station agrees, in writing, to accept the additional interference; and/or implement an exchange of channel allotments between two or more licensees or permittees of TV stations in the same community, the same 33 Federal Communications Commission FCC-CIRC211002 market, or in adjacent markets provided, however, that the other requirements of this section and of section 73.622 are met with respect to each such application. Such agreements must be submitted with the application for authority to construct or modify the affected DTV station or stations. The larger service area resulting from a negotiated change in ERP and/or antenna HAAT will be protected in accordance with the provisions of paragraph (c) of this section. Negotiated agreements under this paragraph can include the exchange of money or other considerations from one station to another, including payments to and from noncommercial television stations assigned reserved channels. Applications submitted pursuant to the provisions of this paragraph will be granted only if the Commission finds that such action is consistent with the public interest. [Removed] *** 15. Section 73.625 is amended by revising paragraph (a) as follows: (a) Transmitter location. (1) The DTV transmitter location shall be chosen so that, on the basis of the effective radiated power and antenna height above average terrain employed, the following minimum F(50,90) field strength in dB above one uV/m will be provided over the entire principal community to be served: Channels 2-6 35 dBu Channels 7-13 43 dBu Channels 14-6936 48 dBu Channels 2-6 28 dBu Channels 7-13 36 dBu Channels 14-69 41 dBu *** 16. Section 73.681 is amended by revising the definition of Television broadcast band as follows: Television broadcast band. The frequencies in the band extending from 54 to 806608 megahertz which are assignable to television broadcast stations. These frequencies are 54 to 72 megahertz (channels 2 through 4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz (channels 7 through 13), and 470 to 806608 megahertz (channels 14 through 6936). *** 17. Section 73.687 is amended by revising paragraphs (a)(1) and (4), (e)(3) and (4), and (i) as follows: (a) Visual transmitter. (1) The field strength or voltage of the lower sideband, as radiated or dissipated and measured as described in paragraph (a)(2) of this section, shall not be greater than −20 dB for a modulating frequency of 1.25 MHz or greater and in addition, for color, shall not be greater than −42 dB for a modulating frequency of 3.579545 MHz (the color subcarrier frequency). For both monochrome and color, the field strength or voltage of the upper sideband as radiated or dissipated and measured as described in paragraph (a)(2) of this section shall not be greater than −20 dB for a modulating frequency of 4.75 MHz or greater. For stations operating on Channels 15-6936 and employing a transmitter delivering maximum peak visual power output of 1 kW or less, the field strength 34 Federal Communications Commission FCC-CIRC211002 or voltage of the upper and lower sidebands, as radiated or dissipated and measured as described in paragraph (a)(2) of this section, shall depart from the visual amplitude characteristic (Figure 5a of §73.699) by no more than the following amounts: *** (4) The radio frequency signal, as radiated, shall have an envelope as would be produced by a modulating signal in conformity with §73.682 and Figure 6 or 7 of §73.699, as modified by vestigial sideband operation specified in Figure 5 of §73.699. For stations operating on Channels 15-6936 the radio frequency signal as radiated, shall have an envelope as would be produced by a modulating signal in conformity with §73.682 and Figure 6 or 7 of §73.699. *** (e)(3) TV broadcast stations operating on Channel 14 and Channel 69 must take special precautions to avoid interference to adjacent spectrum land mobile radio service facilities. Where a TV station is authorized and operating prior to the authorization and operation of the land mobile facility, a Channel 14 station must attenuate its emissions within the frequency range 467 to 470 MHz and a Channel 69 station must attentuate its emissions within the frequency range 806 to 809 MHz if necessary to permit reasonable use of the adjacent frequencies by land mobile licensees. (e)(4) The requirements listed below apply to permittees authorized to construct a new station on TV Channel 14 or TV Channel 69, and to licensees authorized to change the channel of an existing station to Channel 14 or to Channel 69, to increase effective radiated power (ERP) (including any change in directional antenna characteristics that results in an increase in ERP in any direction), or to change the transmitting location of an existing station. (i) For the purposes of this paragraph, a protected land mobile facility is a receiver that is intended to receive transmissions from licensed land mobile stations within the frequency band below 470 MHz (as relates to Channel 14) or above 806 MHz (as relates to Channel 69), and is associated with one or more land mobile stations for which a license has been issued by the Commission, or a proper application has been received by the Commission prior to the date of the filing of the TV construction permit application. However, a land mobile facility will not be protected if it is proposed in an application that is denied or dismissed and that action is no longer subject to Commission review. Further, if the land mobile station is not operating when the TV facility commences operation and it does not commence operation within the time permitted by its authorization in accordance with part 90 of this chapter, it will not be protected. *** 18. Section 73.699 is amended to revise Figures 10b and 10c to delete “Channels 14 – 69” and replace with “Channels 14 – 36.” *** 19. Section 73. 1690 is amended to revise paragraphs (a)(8) and (c)(3) and (4) as follows: (a)(8) A commercial TV or noncommercial educational TV station operating on Channels 14 or Channel 69 or a Class A TV station on Channel 14 may increase its horizontally or vertically polarized ERP only after the grant of a construction permit. A television or Class A television station on Channels 15 through 21 within 341 km of a cochannel land mobile operation, or 225 km of a first-adjacent channel land mobile operation, must also obtain a construction permit before increasing the horizontally or 35 Federal Communications Commission FCC-CIRC211002 vertically polarized ERP (see part 74, §74.709(a) and (b) for tables of urban areas and corresponding reference coordinates of potentially affected land mobile operations). *** (c)(3) A directional TV on Channels 2 through 13 or 22 through 6836 or a directional Class A TV on Channels 2 through 13 or 22 through 51 36, or a directional TV or Class A TV station on Channels 15 through 21 which is in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation (see part 74, §74.709(a) and (b) for tables of urban areas and reference coordinates of potentially affected land mobile operations), may replace a directional TV or Class A TV antenna by a license modification application, if the proposed horizontal theoretical directional antenna pattern does not exceed the licensed horizontal directional antenna pattern at any azimuth and where no change in effective radiated power will result. The modification of license application on Form 302-TV or Form 302-CA must contain all of the data set forth in §73.685(f) or §73.6025(a), as applicable. *** (4) Commercial and noncommercial educational FM stations operating on Channels 221 through 300 (except Class D), NTSC TV stations operating on Channels 2 through 13 and 22 through 68, Class A TV stations operating on Channels 2 through 13 and 22 through 5136, and TV and Class A TV stations operating on Channels 15 through 21 that are in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation (see part 74, §74.709(a) and (b) for tables of urban areas and reference coordinates of potentially affected land mobile operations), which operate omnidirectionally, may increase the vertically polarized effective radiated power up to the authorized horizontally polarized effective radiated power in a license modification application. Noncommercial educational FM licensees and permittees on Channels 201 through 220, that do not use separate antennas mounted at different heights for the horizontally polarized ERP and the vertically polarized ERP, and are located in excess of the separations from a Channel 6 television station listed in Table A of §73.525(a)(1), may also increase the vertical ERP, up to (but not exceeding) the authorized horizontally polarized ERP via a license modification application. Program test operations may commence at full power pursuant to §73.1620(a)(1). *** 20. Section 73.3572 is amended to revise paragraph (a)(1) and (4)(ii) as follows: (a) Applications for TV stations are divided into two groups: (1) In the first group are applications for new stations or major changes in the facilities of authorized stations. A major change for TV broadcast stations authorized under this part is any change in frequency or community of license which is in accord with a present allotment contained in the Table of Allotments (§73.606622(j)). Other requests for change in frequency or community of license for TV broadcast stations must first be submitted in the form of a petition for rulemaking to amend the Table of Allotments. (4)(ii) Provided further, that a low power TV or TV translator or TV booster station authorized on a channel from channel 52 to 69, or which is causing or receiving interference or is predicted to cause or receive interference to or from an authorized DTV station pursuant to §74.706 of this chapter, or which is located within the distances specified in paragraph (4)(iv) of this section to the coordinates of co- channel DTV authorizations (or allotment table coordinates if there are no authorized facilities at different coordinates), may at any time file a displacement relief application for a change in output channel, 36 Federal Communications Commission FCC-CIRC211002 together with any technical modifications which are necessary to avoid interference or continue serving the station's protected service area. Such an application will not be considered as an application for a major change in those facilities. Where such an application is mutually exclusive with applications for new low power TV, TV translator or TV booster stations, or with other nondisplacement relief applications for facilities modifications of Class A TV, low power TV, TV translator or TV booster stations, priority will be afforded to the displacement application(s) to the exclusion of other applications, provided the permittee or licensee had tendered its initial application for a new LPTV or TV translator station to operate on channels 52-56 prior to the August 2000 filing window. *** 21. Section 73.3700 is amended to delete paragraph (f). (f) Service rule waiver - (1) Waiver requests. (i) A broadcast television station licensee described in paragraph (e)(1)(i) of this section may file a request with the Chief, Media Bureau for a waiver of the Commission's service rules pursuant to section 6403(b)(4)(B) of the Spectrum Act during a 30-day window commencing upon the date that the Channel Reassignment Public Notice is released. (ii) A broadcast television station licensee may request that a waiver be granted on a temporary or permanent basis. (2) A licensee will have 10 days following a grant of the waiver to notify the Commission whether it accepts the terms of the waiver. (3) A licensee is required to meet all requirements for receiving payment of relocation costs under section 6403(b)(4) of the Spectrum Act established by the Commission, including the requirements of paragraph (e) of this section, until its waiver request is granted and the licensee accepts the terms of the waiver. (4) A licensee that is granted and accepts the terms of the waiver or a licensee with a pending waiver application must comply with all filing and notification requirements, construction schedules, and other post-auction transition deadlines set forth in paragraphs (b), (c), and (d) of this section. [Removed] *** 22. Section 73.6006 is amended to revise as follows: Class A TV stations will not be authorized on UHF TV channels 5237 through 69, or on channels unavailable for TV broadcast station use pursuant to §73.603 of this part. *** 37 Federal Communications Commission FCC-CIRC211002 23. Section 73.6010 is amended to delete paragraph (a) and revise paragraph (c) as follows: (a) A Class A TV station will be protected from interference within the following predicted signal contours: (1) 62 dBu for stations on Channels 2 through 6; (2) 68 dBu for stations on Channels 7 through 13; and (3) 74 dBu for stations on Channels 14 through 51. [Removed] * * * (c) A digital Class A TV station will be protected from interference within the following predicted signal contours: (1) 43 dBu for stations on Channels 2 through 6; (2) 48 dBu for stations on Channels 7 through 13; and (3) 51 dBu for stations on Channels 14 through 5136. *** 24. Section 73.7000 is amended to revise the following definitions: Nonreserved (Unreserved) channels. Channels which are not reserved exclusively for noncommercial educational use, and for which commercial entities could thus be eligible to operate full power stations. Such channels appear without an asterisk designation in the FM Table of Allotments (§73.202) and TV Table of Allotments (§73.606622(j)). In the event of a request to allocate a nonreserved channel as reserved pursuant to §73.202(a) or §73.606(a) 622)(j), the channel remains classified as nonreserved until release of a Commission decision granting such request. *** Reserved channels. Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located (i.e. FM channels 200 to 220) or by a case-by- case Commission allotment decision (channels that appear with an asterisk designation in the FM Table of Allotments (§73.202) or TV Table of Allotments (§73.606)622(j)). *** 25. Section 74.702 is amended to revise paragraphs (a)(2) and (3) and (b) as follows: (a) An applicant for a new low power TV or TV translator station or for changes in the facilities of an authorized station shall endeavor to select a channel on which its operation is not likely to cause interference. The applications must be specific with regard to the channel requested. Only one channel will be assigned to each station. 38 Federal Communications Commission FCC-CIRC211002 *** (2) Any one of the UHF Channels from 14 to 6936, inclusive, may be assigned to a UHF low power TV or TV translator station. In accordance with §73.603(c) of part 73, Channel 37 will not be assigned to such stations. (3) Application for new low power TV or TV translator stations or for changes in existing stations, specifying operation above 806 MHz will not be accepted for filing. License renewals for existing TV translator stations operating on channels 70 (806-812 MHz) through 83 (884-890 MHz) will be granted only on a secondary basis to land mobile radio operations. [Removed] (b) Changes in the TV Table of Allotments or Digital Television Table of Allotments (§§73.606(b) 622(j) and 73.622(a), respectively, of part 73 of this chapter), authorizations to construct new TV broadcast analog or DTV stations or to authorizations to change facilities of existing such stations, may be made without regard to existing or proposed low power TV or TV translator stations. Where such a change results in a low power TV or TV translator station causing actual interference to reception of the TV broadcast analog or DTV station, the licensee or permittee of the low power TV or TV translator station shall eliminate the interference or file an application for a change in channel assignment pursuant to §73.3572 of this chapter. *** 26. Section 74.703 is amended to delete paragraphs (f) and (g): (f) It shall be the responsibility of a digital low power TV or TV translator station operating on a channel from channel 52-69 to eliminate at its expense any condition of interference caused to the operation of or services provided by existing and future commercial or public safety wireless licensees in the 700 MHz bands. The offending digital LPTV or translator station must cease operations immediately upon notification by any primary wireless licensee, once it has been established that the digital low power TV or translator station is causing the interference. (g) An existing or future wireless licensee in the 700 MHz bands may notify (certified mail, return receipt requested), a digital low power TV or TV translator operating on the same channel or first adjacent channel of its intention to initiate or change wireless operations and the likelihood of interference from the low power TV or translator station within its licensed geographic service area. The notice should describe the facilities, associated service area and operations of the wireless licensee with sufficient detail to permit an evaluation of the likelihood of interference. Upon receipt of such notice, the digital LPTV or TV translator licensee must cease operation within 120 days unless: (1) It obtains the agreement of the wireless licensee to continue operations; (2) The commencement or modification of wireless service is delayed beyond that period (in which case the period will be extended); or (3) The Commission stays the effect of the interference notification, upon request. [Removed] 39 Federal Communications Commission FCC-CIRC211002 *** 27. Section 74.707 is amended to revise paragraph (a)(1) as follows: A low power TV or TV translator will be protected from interference from other low power TV or TV translator stations, or TV booster stations within the following predicted contours: (i) 62 dBu for stations on Channels 2 through 6; (ii) 68 dBu for stations on Channels 7 through 13; and (iii) 74 dBu for stations on Channels 14 through 6951. *** 28. Section 74.735 is amended to revise paragraphs (a), (b), and (c) as follows: (a) The maximum peak effective radiated power (ERP) of an analog low power TV, TV translator, or TV booster station shall not exceed: (1) 3 kW for VHF channels 2-13; and (2) 150 kW for UHF channels 14-69. (b) The maximum ERP of a digital low power TV, TV translator, or TV booster station (average power) shall not exceed: (1) 3 kW for VHF channels 2-13; and (2) 15 kW for UHF channels 14-6951 (c) The limits in paragraphs (a) and (b) apply separately to the effective radiated powers that may be obtained by the use of horizontally or vertically polarized transmitting antennas, providing the applicable provisions of §§74.705, 74.706, 74.707 and 74.709 are met. For either omnidirectional or directional antennas, where the ERP values of the vertically and horizontally polarized components are not of equal strength, the ERP limits shall apply to the polarization with the larger ERP. Applications proposing the use of directional antenna systems must be accompanied by the following: *** 29. Section 74.786 is amended to revise paragraph (c) as follows and delete paragraphs (d) through (g): (c) UHF channels 14 to 36 and 38 to 51 may be assigned to a UHF digital low power television or television translator station. In accordance with §73.603(c) of this chapter, Channel 37 will not be assigned to such stations. (d) UHF Channels 52-59 may be assigned to a digital low power television or television translator station for use as a digital conversion channel. These channels may also be assigned as a companion digital channel if the applicant is able to demonstrate that a 40 Federal Communications Commission FCC-CIRC211002 suitable in core channel is not available. Stations proposing use of such channels shall notify all potentially affected 700 MHz wireless licensees not later than 30 days prior to the submission of their application (FCC Form 346). Applicants shall notify wireless licensees of the 700 MHz spectrum comprising the same TV channel and the adjacent channel within whose licensed geographic boundaries the digital LPTV or translator station is proposed to be located, and also notify licensees of co-channel and adjacent channel spectrum whose service boundaries lie within 75 miles and 50 miles, respectively, of their proposed station location. Specific information for this purpose can be obtained from the Commission's auction Web site at http://www.fcc.gov/auctions. (e) UHF Channels 60-69 may be assigned to a digital low power television or television translator station for use as a digital conversion channel only. Stations proposing use of such channels shall notify all potentially affect 700 MHz commercial licensees not later than 30 days prior to the submission of their application (FCC Form 346) in the manner provided in paragraph of this section. Stations proposing use of channels 63, 64, 68 and 69 must secure a coordinated spectrum use agreement with the pertinent 700 MHz public safety regional planning committee and state administrator prior to the submission of their application (FCC Form 346). Coordination shall be undertaken with regional planning committee and state administrator of the region and state within which the digital LPTV or translator station is proposed to be located, and those of adjoining regions and states with boundaries within 75 miles of the proposed station location. Stations proposing use of channels 62, 65, and 67 must notify the pertinent regional planning committee and state administrator not later than 30 days prior to the submission of their application (FCC Form 346). Notification shall be made to the regional and state administrators of region and state within which the digital LPTV or translator station is proposed to be located, and those of adjoining regions and states with boundaries within 50 miles of the proposed station location. Information for this purpose is available at the above web site and also at the following internet sites: http://wireless.fcc.gov/publicsafety700MHzregional.html, http://wireless.fcc.gov/publicsafety/700MHz/state.html, and http://wireless.fcc.gov/publicsafety/700MHz/interop-contacts.html. (f) Application for new analog low power television or television translator stations specifying operation above Channel 51 will not be accepted for filing. Applications for displacement relief on channels above 51 will continue to be accepted. (g) After 11:59 pm local time on December 31, 2011, low power television and TV translator stations may no longer operate any analog (NTSC) or digital facilities above Channel 51. [Removed] *** 30. Section 74.787 is amended to delete paragraph (c): (c) Not later than 11:59 pm local time on September 1, 2011, low power television or TV translator stations operating analog (NTSC) or digital facilities above Channel 51, that have not already done so, must file a digital displacement application for a channel below Channel 52 pursuant to the procedures in subsection (a)(4) of this rule. Low power television and TV translator stations operating analog (NTSC) or digital facilities above Channel 51 that have not submitted a digital displacement application by 11:59 pm local time on September 1, 2011 will be required to cease operations altogether by December 31, 2011. These stations' authorization for facilities above Channel 51 shall be cancelled. Any digital displacement application submitted by a low power television or TV translator station operating analog (NTSC) or digital facilities above Channel 51 41 Federal Communications Commission FCC-CIRC211002 that is submitted after 11:59 pm local time on September 1, 2011 will be dismissed. In addition, any outstanding construction permit (analog or digital) for an channel above Channel 51 will be rescinded on December 31, 2011, and any pending application (analog or digital) for a channel above Channel 51 will be dismissed on December 31, 2011, if the permittee has not submitted a digital displacement application by 11:59 pm local on September 1, 2011. [Removed] *** 31. Section 74.792 is amended to revise paragraph (a) as follows: A digital low power TV or TV translator will be protected from interference from other low power TV, TV translator, Class A TV or TV booster stations or digital low power TV, TV translator or Class A TV stations within the following predicted contours: (1) 43 dBu for stations on Channels 2 through 6; (2) 48 dBu for stations on Channels 7 through 13; and (3) 51 dBu for stations on Channels 14 through 6951. *** 32. Section 74.795 is amended to revise paragraph (c)(1) as follows: (c) The following additional requirements apply to digital heterodyne translators: (1) The maximum rated power output (digital average power over a 6 MHz channel) shall not exceed 30 watts for transmitters operating on channels 14-6951 and 3 watts for transmitters operating on channels 2-13; and *** 42