Federal Communications Commission FCC 22-58 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations Update of Parts 74 of the Commission’s Rules Related to Low Power Television and Television Translator Stations ) ) ) ) ) ) ) ) ) ) MB Docket No. 03-185 MB Docket No. 22-261 ERRATUM Released: September 9, 2022 By the Acting Managing Director and the Chief, Media Bureau: On July 13, 2022, the Commission released an Order and Sixth Notice of Proposed Rulemaking, FCC 22-58, in the above captioned proceeding. To conform to the publishing conventions of the National Archives and Records Administration’s Office of the Federal Register, this Erratum replaces Appendices A and B with attached. See new APPENDICES A and B attached. FEDERAL COMMUNICATIONS COMMISSION Mark Stephens Managing Director Holly Saurer Chief Media Bureau Federal Communications Commission FCC 22-58 APPENDIX A Final Regulations For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 74 as follows: PART 74 – EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES 1. The authority citation for part 74 is revised to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and 554. 2. The heading for subpart G is revised to read as follows: Subpart G – Low Power TV and TV Translator Stations 3. Section 74.701 is amended by: a. Revising paragraphs (b), (c), and (d); b. Removing and reserving paragraphs (e), (g), and (i); c. Revising paragraphs (j), (k), and (m); and d. Removing paragraphs (n), (o), and (p). The revisions read as follows: § 74.701 Definitions. * * * * * (b) Primary station. The television station which provides the programs and signals being retransmitted by a television broadcast translator station. (c) Analog to Digital Replacement Translator (DRT). A television translator licensed to a full power television station that allows it to restore service to any loss areas that may have occurred as a result of its transition from analog to digital. (d) Digital to Digital Replacement Translator (DTDRT). A television translator licensed to a full power television station that allows it to restore service to any loss areas that may have occurred as a result of the station being assigned a new channel pursuant to the Incentive Auction and repacking process. * * * * * (j) Television broadcast translator station (“TV translator station”). A station operated for the purpose of retransmitting the programs and signals of a television broadcast station, without significantly altering any characteristic of the original signal other than its frequency, for the purpose of providing television reception to the general public. (k) Low power TV station (“LPTV station”). A station authorized under the provisions of this subpart that may retransmit the programs and signals of a television broadcast station, may originate programming in any amount greater than 30 seconds per hour for the purpose of providing television reception to the general public and, subject to a minimum video program service requirement, may offer services of an ancillary or supplementary nature, including subscription-based services. (See § 74.790.) * * * * * (m) Existing low power television or television translator station. When used in this subpart, the terms existing low power television and existing television translator station refer to a low power television station or television translator station that is either licensed or has a valid construction permit. 4. Section 74.702 is amended by: a. Revising paragraphs (a)(1) and (2); and b. Removing and reserving paragraph (c). The revisions read as follows: § 74.702 Channel assignments. (a) * * * (1) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may be assigned to a low power TV or TV translator station. (2) Any one of the UHF Channels from 14 to 36, inclusive, may be assigned to a low power TV or TV translator station. In accordance with § 73.603(c) of this chapter, Channel 37 will not be assigned to such stations. * * * * * 5. Section 74.703 is amended by: a. Revising paragraphs (a), (b), and (c); and b. Removing and reserving paragraph (i). The revisions read as follows: § 74.703 Interference. (a) An application for a new low power TV or TV translator station or for a change in the facilities of such an authorized station will not be granted when it is apparent that interference will be caused. Except where there is a written agreement between the affected parties to accept interference, or where it can be shown that interference will not occur due to terrain shielding and/or Longley-Rice terrain dependent propagation methods, the licensee of a new low power TV or TV translator station shall protect existing low power TV and TV translator stations from interference within the protected contour defined in § 74.792 and shall protect existing Class A TV stations within the protected contours defined in § 73.6010 of this chapter. Such written agreement shall accompany the application. Copies of OET Bulletin No. 69 may be inspected during normal business hours at the Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a). This document is also available through the Internet on the FCC Home Page at http://www.fcc.gov/oet/info/documents/bulletins/#69. (b) It shall be the responsibility of the licensee of a low power TV or TV translator station to correct at its expense any condition of interference to the direct reception of the signal of any full-power TV broadcast station operating on the same channel as that used by the low power TV or TV translator station or an adjacent channel which occurs as a result of the operation of the low power TV or TV translator station. Interference will be considered to occur whenever reception of a regularly used signal is impaired by the signals radiated by the low power TV or TV translator station, regardless of the quality of the reception or the strength of the signal so used. If the interference cannot be promptly eliminated by the application of suitable techniques, operation of the offending low power TV or TV translator station shall be suspended and shall not be resumed until the interference has been eliminated. If the complainant refuses to permit the low power TV or TV translator station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the low power TV or TV translator station is absolved of further responsibility. (c) It shall be the responsibility of the licensee of a low power TV or TV translator station to correct any condition of interference which results from the radiation of radio frequency energy outside its assigned channel. * * * * * * * * § 74.706 [Removed and Reserved] 6. Remove and reserve § 74.706. § 74.707 [Removed and Reserved] 7. Remove and reserve §74.707. 8. Section 74.709 is amended by adding a note at the end of the section to read as follows: § 74.709 Land mobile station protection. * * * * * Note 1 to § 74.709.  The Chief, Public Safety and Homeland Security Bureau waived the rules of this section to allow channel 15 to be used for land mobile operation in Los Angeles County, CA (DA 08-2823; adopted December 30, 2008).  Notwithstanding the channels listed in paragraph (a) or (b)(2) of this section, the waiver requires LPTV and translator stations to protect this land mobile operation.  § 74.731 [Removed and Reserved] 9. Remove and reserve § 74.731. § 74.732 [Amended] 10. Section 74.732 is amended by removing and reserving paragraphs (g) and (h). § 74.733 [Removed and Reserved] 11. Remove and reserve § 74.733. 12. Section 74.734 is amended by revising the first sentence of paragraph (a) introductory text to read as follows: § 74.734 Attended and unattended operation. (a) Low power TV and TV translator stations may be operated without a designated person in attendance if the following requirements are met: * * * 13. Section 74.735 is amended by revising paragraphs (b) introductory text, (b)(2), and (c) introductory text to read as follows: § 74.735 Power limitations. * * * * * (b) The maximum ERP of a low power TV or TV translator station (average power) shall not exceed: * * * * * (2) 15 kW for UHF channels 14-36. (c) The limits in paragraph (b) of this section apply separately to the effective radiated powers that may be obtained by the use of horizontally or vertically polarized transmitting antennas. * * * * * * * * § 74.736 [Removed and Reserved] 14. Remove and reserve § 74.736. 15. Section 74.751 is amended by revising paragraphs (b) introductory text and (b)(1) to read as follows: § 74.751 Modification of transmission systems. * * * * * (b) Formal application (FCC Form 2100, Schedule C) is required for any of the following changes: (1) Replacement of the transmitter as a whole, except replacement with a transmitter of identical power rating which has been certificated by the FCC for use by low power TV and TV translator stations, or any change which could result in a change in the electrical characteristics or performance of the station. * * * * * § 74.761 [Removed and Reserved] 16. Remove and reserve § 74.761. 17. Section 74.763 is amended by revising paragraph (a) and the first sentence of paragraph (c) to read as follows: § 74.763 Time of operation. (a) A low power TV or TV translator station is not required to adhere to any regular schedule of operation. However, the licensee of a TV translator station is expected to provide service to the extent that such is within its control and to avoid unwarranted interruptions in the service provided. * * * * * (c) Failure of a low power TV or TV translator station to operate for a period of 30 days or more, except for causes beyond the control of the licensee, shall be deemed evidence of discontinuation of operation and the license of the station may be cancelled at the discretion of the FCC. * * * * * * * * 18. Revise § 74.780 to read as follows: § 74.780 Broadcast regulations applicable to translators and low power stations. The following rules are applicable to TV translator and low power TV stations: (a) 47 CFR part 5 - Experimental authorizations. (b) 47 CFR 73.658 - Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. (c) 47 CFR part 11 - Emergency Alert System (for low power TV stations locally originating programming as defined by § 74.701(h)). (d) 47 CFR 73.1030 - Notifications concerning interference to radio astronomy, research, and receiving installations. (e) 47 CFR 73.1206 - Broadcast of telephone conversations. (f) 47 CFR 73.1207 - Rebroadcasts. (g) 47 CFR 73.1208 - Broadcast of taped, filmed, or recorded material. (h) 47 CFR 73.1211 - Broadcast of lottery information. (i) 47 CFR 73.1212 - Sponsorship identifications; list retention; related requirements. (j) 47 CFR 73.1216 - Licensee-conducted contests. (k) 47 CFR 73.1515 - Special field test authorizations. (l) 47 CFR 73.1615 - Operation during modification of facilities. (m) 47 CFR 73.1635 - Special temporary authorizations (STA). (n) 47 CFR 73.1650 - International agreements. (o) 47 CFR 73.1680 - Emergency antennas. (p) 47 CFR 73.1692 - [Reserved]. (q) 47 CFR 73.1940 - Legally qualified candidates for public office. (r) 47 CFR 73.2080 - Equal employment opportunities (for low power TV stations only). (s) 47 CFR 73.3500 - Application and report forms. (t) 47 CFR 73.3511 - Applications required. (u) 47 CFR 73.3512 - Where to file; number of copies. (v) 47 CFR 73.3513 - Signing of applications. (w) 47 CFR 73.3514 - Content of applications. (x) 47 CFR 73.3516 - Specification of facilities. (y) 47 CFR 73.3517 - Contingent applications. (z) 47 CFR 73.3518 - Inconsistent or conflicting applications. (aa) 47 CFR 73.3519 - Repetitious applications. (bb) 47 CFR 73.3521 - Mutually exclusive applications for low power TV and TV translator stations. (cc) 47 CFR 73.3522 - Amendment of applications. (dd) 47 CFR 73.3525 - Agreements for removing application conflicts. (ee) 47 CFR 73.3533 - Application for construction permit or modification of construction permit. (ff) 47 CFR 73.3536 - Application for license to cover construction permit. (gg) 47 CFR 73.3538 (a)(1), (3), and (4) and (b) - Application to make changes in an existing station. (hh) 47 CFR 73.3539 - Application for renewal of license. (ii) 47 CFR 73.3540 - Application for voluntary assignment or transfer of control. (jj) 47 CFR 73.3541 - Application for involuntary assignment of license or transfer of control. (kk) 47 CFR 73.3542 - Application for emergency authorization. (ll) 47 CFR 73.3544 - Application to obtain a modified station license. (mm) 47 CFR 73.3545 - Application for permit to deliver programs to foreign stations. (nn) 47 CFR 73.3550 - Requests for new or modified call sign assignments. (oo) 47 CFR 73.3561 - Staff consideration of applications requiring Commission action. (pp) 47 CFR 73.3562 - Staff consideration of applications not requiring action by the Commission. (qq) 47 CFR 73.3564 - Acceptance of applications. (rr) 47 CFR 73.3566 - Defective applications. (ss) 47 CFR 73.3568 - Dismissal of applications. (tt) 47 CFR 73.3572 - Processing of TV broadcast, low power TV, and TV translator station applications. (uu) 47 CFR 73.3580 - Local public notice of filing of broadcast applications. (vv) 47 CFR 73.3584 - Petitions to deny. (ww) 47 CFR 73.3587 - Informal objections. (xx) 47 CFR 73.3591 - Grants without hearing. (yy) 47 CFR 73.3593 - Designation for hearing. (zz) 47 CFR 73.3594 - Local public notice of designation for hearing. (aaa) 47 CFR 73.3597 - Procedures on transfer and assignment applications. (bbb) 47 CFR 73.3598 - Period of construction. (ccc) 47 CFR 73.3601 - Simultaneous modification and renewal of license. (ddd) 47 CFR 73.3603 - Special waiver procedure relative to applications. (eee) 47 CFR 73.3612 - Annual employment report (for low power TV stations only). (fff) 47 CFR 73.3613 - Availability to FCC of station contracts (network affiliation contracts for low power TV stations only). 19. Section 74.781 is amended by revising paragraph (a) and the first sentence of paragraph (c) to read as follows: § 74.781 Station records. (a) The licensee of a low power TV or TV translator station shall maintain adequate station records, including the current instrument of authorization, official correspondence with the FCC, contracts, permission for rebroadcasts, and other pertinent documents. * * * * * (c) The station records shall be maintained for inspection at a residence, office, or public building, place of business, or other suitable place, in one of the communities of license of the translator, except that the station records of a translator licensed to the licensee of the primary station may be kept at the same place where the primary station records are kept. * * * * * * * * § 74.784 [Amended] 20. Section 74.784 is amended by removing and reserving paragraph (d) and removing the parenthetical authority citation at the end of the section. 21. Section 74.787 is amended by: a. Revising the section heading and paragraph (a) heading; b. Removing and reserving paragraphs (a)(1) and (2); c. Revising the fourth sentence of paragraph (a)(3) and paragraphs (a)(4) and (a)(5)(i); d. Removing and reserving paragraph (a)(5)(ii); e. Revising paragraph (a)(5)(iii); f. Removing and reserving paragraph (a)(5)(iv); g. Revising paragraph (a)(5)(v) to remove the first sentence; h. Revising paragraphs (vii), and (viii), (b) heading, and (b)(1) introductory text. The revisions read as follows: § 74.787 Licensing. (a) Applications for low power television and television translator stations. * * * (3) * * * Such applications shall be accepted on a first-come, first-served basis, and shall be filed on FCC Form 2100, Schedule C. * * * (4) Displacement applications. A low power television, television translator, or DRT or DTDRT station which is causing or receiving interference or is predicted to cause or receive interference to or from an authorized TV broadcast station or allotment or other protected station or service, may at any time file a displacement relief application for change in channel, together with technical modifications that are necessary to avoid interference or continue serving the station's protected service area, provided the proposed transmitter site is not located more than 30 miles from the reference coordinates of the existing station's community of license. See § 76.53 of this chapter. A displacement relief application shall be filed on FCC Form 2100, Schedule C, and will be considered a minor change and will be placed on public notice for a period of not less than 30 days to permit the filing of petitions to deny. These applications will not be subject to the filing of competing applications. Where a displacement relief application for a low power television or television translator station becomes mutually exclusive with the application(s) for new low power television or television translator stations, or with other non-displacement relief applications for facilities modifications of low power television or television translator stations, priority will be afforded to the displacement application for the low power television or television translator station to the exclusion of other applications. Mutually exclusive displacement relief applications for low power television and television translator stations shall be resolved via the Commission's rules in part 1 of this chapter and broadcast competitive bidding rules in §§ 1.2100 through 1.2209 and 73.5000 through 73.5009 of this chapter. Such applicants shall be afforded an opportunity to submit settlements and engineering solutions to resolve mutual exclusivity pursuant to § 73.5002(d) of this chapter. (5) * * * (i) Applications for new DRTs and DTDRTs are no longer accepted. * * * * * (iii) Displacement applications for DRTs and DTDRTs shall be given processing priority over all other low power television and TV translator new, minor change, or displacement applications except displacement applications for other DRTs and DTDRTs with which they shall have co-equal priority. * * * * * (v) * * * * * * * * (vii) Analog-to-digital and digital-to-digital replacement television translators may operate only on those television channels designated for broadcast television in § 74.702. (viii) The following sections are applicable to analog-to-digital and digital-to-digital replacement television translator stations: (A) Section 74.703 - Interference. (B) Section 74.709 - Land mobile station protection. (C) Section 74.734 - Attended and unattended operation. (D) Section 74.735 - Power limitations. (E) Section 74.751 - Modification of transmission systems. (F) Section 74.763 - Time of operation. (G) Section 74.769 - Familiarity with FCC rules. (H) Section 74.780 - Broadcast regulations applicable to translators and low power stations. (I) Section 74.781 - Station records. (J) Section 74.784 - Rebroadcasts. (b) Definitions of “major” and “minor” changes to low power television and television translator stations. (1) Applications for major changes in low power television and television translator stations include: * * * * * § 74.788 [Removed and Reserved] 22. Remove and reserve § 74.788. 23. Revise § 74.789 to read as follows: § 74.789 Broadcast regulations applicable to low power television and television translator stations. The following sections are applicable to low power television and television translator stations: (a) Section 74.600 - Eligibility for license. (b) Section 74.703 - Interference. (c) Section 74.709 - Land mobile station protection. (d) Section 74.732 - Eligibility and licensing requirements. (e) Section 74.734 - Attended and unattended operation. (f) Section 74.735 - Power limitations. (g) Section 74.751 - Modification of transmission systems. (h) Section 74.763 - Time of operation. (i) Section 74.769 - Familiarity with FCC rules. (j) Section 74.780 - Broadcast regulations applicable to translators and low power stations. (k) Section 74.781 - Station records. (l) Section 74.784 - Rebroadcasts. 24. Section 74.790 is amended by revising the section heading and paragraphs (a), (b) introductory text, (b)(1) introductory text, (b)(1)(ii), (b)(2), (c) through (f), (g) introductory text, (g)(1), (3), and (4), and (h) through (k) and adding paragraphs (l) and (m) to read as follows: §74.790 Permissible service of TV translator and LPTV stations. (a) TV translator stations provide a means whereby the signals of broadcast stations may be retransmitted to areas in which direct reception of such stations is unsatisfactory due to distance or intervening terrain barriers. (b) Except as provided in paragraph (f) of this section, a TV translator station may be used only to receive the signals of a TV broadcast station, another TV translator station, a TV translator relay station, a television intercity relay station, a television STL station, or other suitable sources such as a CARS or common carrier microwave station, for the simultaneous retransmission of the programs and signals of a TV broadcast station. Such retransmissions may be accomplished by any of the following means: (1) Reception of TV broadcast station programs and signals directly through space and conversion to a different channel by one of the following transmission modes: * * * * * (ii) Digital signal regeneration (i.e., signal demodulation, decoding, error processing, encoding, remodulation, and frequency upconversion) and suitable amplification; or, (2) Demodulation, remodulation, and amplification of TV broadcast station programs and signals received through a microwave transport. (c) The transmissions of each TV translator station shall be intended for direct reception by the general public, and any other use shall be incidental thereto. A TV translator station shall not be operated solely for the purpose of relaying signals to one or more fixed receiving points for retransmission, distribution, or further relaying. (d) Except as provided in paragraphs (e) and (f) of this section, the technical characteristics of the retransmitted signals shall not be deliberately altered so as to hinder reception on consumer TV broadcast receiving equipment. (e) A TV translator station shall not retransmit the programs and signals of any TV broadcast station(s) without the prior written consent of such station(s). A TV translator may multiplex on its output channel the video program services of two or more TV broadcast stations, pursuant to arrangements with all affected stations, and for this limited purpose, is permitted to alter a TV broadcast signal. (f) A TV translator station may transmit locally originated visual and/or aural messages limited to emergency warnings of imminent danger, to local public service announcements (PSAs) and to seeking or acknowledging financial support deemed necessary to the continued operation of the station. Acknowledgments of financial support may include identification of the contributors, the size and nature of the contribution and the advertising messages of the contributors. The originations concerning financial support and PSAs are limited to 30 seconds each, no more than once per hour. Emergency transmissions shall be no longer or more frequent than necessary to protect life and property. Such originations may be accomplished by any technical means agreed upon between the TV translator and TV station whose signal is being retransmitted, but must be capable of being received on consumer TV broadcast reception equipment. (g) An LPTV station may operate under the following modes of service: (1) For the retransmission of programming of a TV broadcast station, subject to the prior written consent of the station whose signal is being retransmitted. * * * * * (3) Whenever operating, an LPTV station must transmit at least one over-the-air video program signal at no direct charge to viewers at least comparable in resolution to that of its associated analog (NTSC) LPTV station or, in the case of an on-channel digital conversion, that of its former analog LPTV station. (4) An LPTV station may dynamically alter the bit stream of its signal to transmit one or more video program services in any established DTV video format. (h) An LPTV station is not subject to minimum required hours of operation and may operate in either of the two modes described in paragraph (g) of this section for any number of hours. (i) Upon transmitting a signal that meets the requirements of paragraph (g)(3) of this section, an LPTV station may offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis in accordance with the provisions of § 73.624(c) and (g) of this chapter. (j) An LPTV station may not be operated solely for the purpose of relaying signals to one or more fixed receiving points for retransmission, distribution or relaying. (k) An LPTV station may receive input signals for transmission or retransmission by any technical means, including those specified in paragraph (b) of this section. (l) As necessary, a TV translator shall modify, to avoid TV reception tuning conflicts with other stations, the Program System and Information Protocol (PSIP) information in the TV broadcast signal being retransmitted. (m) Low power television and TV translator stations may no longer operate any facility in analog (NTSC) mode. 25. Revise § 74.791 to read as follows: § 74.791 Call signs. (a) Low power stations. Call signs for low power stations will be made up of a prefix consisting of the initial letter K or W followed by the channel number assigned to the station and two additional letters and a suffix consisting of the letters -D. (b) Television translator stations. Call signs for digital television translator stations will be made up of a prefix consisting of the initial letter K or W followed by the channel number assigned to the station and two additional letters and a suffix consisting of the letter -D. (c) Low power television stations and Class A television stations. Low power television and Class A television stations may be assigned a call sign with a four-letter prefix pursuant to § 73.3550 of this chapter. Low power stations with four-letter prefixes will be assigned the suffix −LD and digital Class A stations with four-letter prefixes will be assigned the suffix −CD. 26. Section 74.792 is amended by revising the section heading and paragraphs (a) introductory text and (a)(3) to read as follows: § 74.792 Low power TV and TV translator station protected contour. (a) A low power TV or TV translator will be protected from interference from other low power TV, TV translator or Class A TV stations within the following predicted contours: * * * * * (3) 51 dBu for stations on Channels 14 through 36. * * * * * 27. Section 74.793 is amended by: a. Revising the section heading and paragraphs (a), (b), and (c); b. Removing and reserving paragraph (f); and c. Revising paragraph (h). The revisions read as follows: § 74.793 Low power TV and TV translator station protection of broadcast stations. (a) An application to construct a new low power TV or TV translator station or change the facilities of an existing station will not be accepted if it fails to meet the interference protection requirements in this section. (b) Except as provided in this section, interference prediction analysis is based on the interference thresholds (D/U signal strength ratios) and other criteria and methods specified in § 73.623(c)(2) through (4) of this chapter. Predictions of interference to co-channel TV broadcast, Class A TV, LPTV, and TV translator stations will be based on the interference thresholds specified therein for “DTV-into-DTV.” (c) The following D/U signal strength ratio (dB) shall apply to the protection of stations on the first adjacent channel. The D/U ratios correspond to the LPTV or TV translator station's specified out-of-channel emission mask. Table 1 to Paragraph (c) Simple mask Stringent mask Full service mask −7 −12 Lower (−28)/Upper (−26) * * * * * (h) Protection to the authorized facilities of low power TV and TV translator stations shall be based on not causing predicted interference to the population within the service area defined and described in §74.792, except that a digital low power TV or TV translator station must not cause a loss of service to 2.0 percent or more of the population predicted to receive service from the authorized low power TV or TV translator station. 28. Section 74.794 is amended by revising paragraph (a)(1) to read as follows: § 74.794 Digital emissions. (a) (1) An applicant for a LPTV or TV translator station construction permit shall specify that the station will be constructed to confine out-of-channel emissions within one of the following emission masks: Simple, stringent, or full service. * * * * * 29. Section 74.795 is amended by revising the section heading and paragraphs (a) and (b) introductory text to read as follows: § 74.795 Low power TV and TV translator transmission system facilities. (a) A low power TV or TV translator station shall operate with a transmitter that is either certificated for licensing based on the following provisions or has been modified for digital operation pursuant to § 74.796. (b) The following requirements must be met before low power TV and TV translator transmitter will be certificated by the FCC: * * * * * 30. Section 74.796 is amended by revising the section heading and paragraph (a) to read as follows: § 74.796 Modification of transmission systems. (a) The provisions of § 74.751 shall apply to the modification of low power TV and TV translator transmission systems. * * * * * 31. Section 74.797 is amended by: a. Revising the first and second sentences; and b. Removing “subsection” in the second sentence and adding “section” in its place. The revision reads as follows: § 74.797 Biennial Ownership Reports. The Ownership Report for Commercial Broadcast Stations (FCC Form 2100, Schedule 323) must be electronically filed by December 1 in all odd-numbered years by each licensee of a low power television station or other Respondent (as defined in § 73.3615(a) of this chapter). A licensee or other Respondent with a current and unamended biennial ownership report (i.e., a report that was filed pursuant to this section) on file with the Commission that is still accurate and which was filed using the version of the report that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report. * * * § 74.798 [Removed and Reserved] 32. Remove and reserve § 74.798. APPENDIX B Proposed Regulations For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 74 to read as follows: PART 74 - EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES 1. The authority citation for part 74 continues to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and 554. 2. Section 74.702 is amended by revising paragraph (b) to read as follows: § 74.702 Channel assignments. * * * * * (b) Changes in the Table of TV Allotments (§ 73.622(j) of this chapter), authorizations to construct new full power television 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 full power television 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. * * * * * 3. Section 74.703 is amended by revising paragraph (h) to read as follows: § 74.703 Interference. * * * * * (h) In each instance where suspension of operation is required, the licensee shall submit a full report to the FCC after operation is resumed containing details of the nature of the interference, the source of the interfering signals, and the remedial steps taken to eliminate the interference. This report shall be filed via a Resumption of Operations notice in the FCC’s Licensing and Management System (LMS). § 74.708 [Removed and Reserved] 4. Remove and reserve § 74.708. 5. Section 74.709 is amended by revising the tables in paragraphs (a) and (b)(2) to read as follows: § 74.709 Land mobile station protection. (a) * * * Table 1 to Paragraph (a) City Channels Coordinates Latitude Longitude Boston, MA 14, 16 42°21′24.4″ 071°03′23.2″ Chicago, IL 14, 15 41°52′28.1″ 087°38′22.2″ Cleveland, OH 14, 15 41°29′51.2″ 081°49′49.5″ Dallas, TX 16 32°47′09.5″ 096°47′38″ Detroit, MI 15, 16 42°19′48.1″ 083°02′56.7″ Houston, TX 17 29°45′26.8″ 095°21′37.8″ Los Angeles, CA 14, 16, 20 34°03′15″ 118°14′31.3″ Miami, FL 14 25°46′38.4″ 080°11′31.3″ New York, NY 14, 15, 16 40°45′06.4″ 073°59′37.5″ Philadelphia, PA 19, 20 39°56′58.4″ 075°09′19.6″ Pittsburgh, PA 14, 18 40°26′19.2″ 079°59′59.2″ San Francisco, CA 16, 17 37°46′38.7″ 122°24′43.9″ Washington, DC 17, 18 38°53′51.4″ 077°00′31.9″ (b) * * * (2) * * * Table 2 to Paragraph (b)(2) City Channel Coordinates Latitude Longitude San Diego, CA 15 32°41′52.7″ 116°56′06.3″ Waterbury, CT 20 41°31′02.3″ 073°00′58.4″ Washington, DC 14 38°57′17.4″ 077°00′15.9″ Washington, DC 20 38°57′49.9″ 077°06′17.2″ Champaign, IL 15 40°04′10″ 087°54′46″ Jacksonville, IL 14 39°45′52.1″ 090°30′29.5″ Ft. Wayne, IN 15 41°05′35.2″ 085°10′41.9″ South Bend, IN 16 41°36′20″ 086°12′46″ Salisbury, MD 16 38°24′15.4″ 075°34′43.7″ Mt. Pleasant, MI 14 43°34′24.1″ 084°46′21″ Hanover, NH 15 43°42′30.2″ 072°09′14.3″ Canton, OH 17 40°51′04.2″ 081°16′36.4″ Cleveland, OH 19 41°21′19.2″ 081°44′23.5″ Oxford, OH 14 39°30′26.2″ 084°44′08.8″ Zanesville, OH 18 39°55′42″ 081°59′07″ Elmira-Corning, NY 18 42°06′22″ 076°52′16″ Harrisburg, PA 21 40°20′43.1″ 076°52′08.3″ Johnstown, PA 19 40°19′47.3″ 078°53′44.1″ Lancaster, PA 15 40°15′45″ 076°27′50″ Philadelphia, PA 17 40°02′30.9″ 075°14′21.9″ Pittsburgh, PA 16 40°26′46.2″ 079°57′50.2″ Scranton, PA 16 41°10′58.3″ 075°52′19.7″ Parkersburg, WV 15 39°20′59.8″ 081°33′55.4″ Madison, WI 15 43°03′03″ 089°29′13″ * * * * * § 74.710 [Removed and Reserved] 6. Remove and reserve § 74.710. 7. Section 74.734 is amended by revising the first sentence of paragraph (a)(4) to read as follows: § 74.734 Attended and unattended operation. (a) * * * (4) A notification must be filed with the FCC via a Change of Control Point Notice in LMS providing the name, address, and telephone number of a person or persons who may be called to secure suspension of operation of the transmitter promptly should such action be deemed necessary by the FCC. * * * * * * * * 8. Section 74.735 is amended by revising the first and second sentences of paragraphs (c) introductory text and (c)(2) and paragraph (c)(4) and adding paragraphs (c)(6) and (7) to read as follows: § 74.735 Power limitations. * * * * * (c) The limits in paragraph (b) of this section apply to the effective radiated power in the horizontally polarized plane. 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 horizontal polarization, and the vertical ERP shall not exceed the horizontal ERP in any direction. * * * (2) Relative field horizontal plane pattern (patterns for both horizontal and vertical polarization should be included if elliptical or circular polarization is used) of the proposed directional antenna. A value of 1.0 should be used for the maximum radiation in the horizontal polarization. * * * * * * * * (4) All horizontal plane patterns must be plotted in a PDF attachment to the application in a size sufficient to be easily viewed. * * * * * (6) If an elevation pattern is submitted in the application form, similar tabulations and PDF attachments shall be provided for the elevation pattern. (7) If a matrix pattern is submitted in the application form, similar tabulations and PDF attachments shall be provided as necessary to accurately represent the pattern. 9. Revise § 74.737 to read as follows: § 74.737 Antenna location. (a) An applicant for a new low power TV or TV translator station or for a change in the facilities of an authorized station shall endeavor to select a site that will provide a line-of-sight transmission path to the entire area intended to be served and at which there is available a suitable signal from the primary station, if any, that will be retransmitted. (b) The transmitting antenna should be placed above growing vegetation and trees lying in the direction of the area intended to be served, to minimize the possibility of signal absorption by foliage. (c) A site within 8 kilometers of the area intended to be served is to be preferred if the conditions in paragraph (a) of this section can be met. (d) Consideration should be given to the accessibility of the site at all seasons of the year and to the availability of facilities for the maintenance and operation of the transmitting equipment. (e) The transmitting antenna should be located as near as is practical to the transmitter to avoid the use of long transmission lines and the associated power losses. (f) Consideration should be given to the existence of strong radio frequency fields from other transmitters at the site of the transmitting equipment and the possibility that such fields may result in the retransmissions of signals originating on frequencies other than that of the primary station being rebroadcast. 10. Revise § 74.750 to read as follows: § 74.750 Transmission system facilities. (a) A low power TV or TV translator station shall operate with a transmitter that is either certificated for licensing under the provisions of this subpart or type notified for use under part 73 of this chapter. (b) External preamplifiers also may be used provided that they do not cause improper operation of the transmitting equipment, and use of such preamplifiers is not necessary to meet the provisions of § 74.795(b). (c) - (d) [Reserved] (e) The following procedures shall apply: (1) Any manufacturer of apparatus intended for use at low power TV or TV translator stations may request certification by following the procedures set forth in part 2, subpart J, of this chapter. (2) Low power TV and TV translator transmitting apparatus that has been certificated by the FCC will normally be authorized without additional measurements from the applicant or licensee. (3) Applications for certification of modulators to be used with existing certificated TV translator apparatus must include the specifications electrical and mechanical interconnecting requirements for the apparatus with which it is designed to be used. (4) Other rules concerning certification, including information regarding withdrawal of type acceptance, modification of certificated equipment, and limitations on the findings upon which certification is based, are set forth in part 2, subpart J, of this chapter. (f) The transmitting antenna system may be designed to produce horizontal, elliptical, or circular polarization. (g) Low power TV or TV translator stations installing new certificated transmitting apparatus incorporating modulating equipment need not make equipment performance measurements and shall so indicate on the station license application. Stations adding new or replacing modulating equipment in existing low power TV or TV translator station transmitting apparatus must have a qualified person examine the transmitting system after installation. A report of the methods, measurements, and results must be kept in the station records. However, stations installing modulating equipment solely for the limited local origination of signals permitted by § 74.790 need not comply with the requirements of this paragraph (g). 11. Section 74.751 is amended by: a. Revising paragraph (b)(4); and b. Removing and reserving paragraphs (b)(6) and (c). The revision reads as follows: § 74.751 Modification of transmission systems. * * * * * (b) * * * (4) Any horizontal change of the location of the antenna. * * * * * 12. Revise § 74.762 to read as follows: § 74.762 Frequency measurements. (a) The licensee of a low power TV station or a TV translator station must measure the frequency of its output channel as often as necessary to ensure operation consistent with the Advanced Television Systems Committee (ATSC) standard (see § 73.682 of this chapter), and at least once each calendar year at intervals not exceeding 14 months. (b) In the event that a low power TV or TV translator station is found to be operating inconsistent with the standard in paragraph (a) of this section, the licensee promptly shall suspend operation of the transmitter and shall not resume operation until transmitter has been restored to its assigned frequency. 13. Section 74.763 is amended by revising paragraph (b) to read as follows: § 74.763 Time of operation. * * * * * (b) In the event that causes beyond the control of the low power TV or TV translator station licensee make it impossible to continue operating, the licensee may discontinue operation for a period of not more than 30 days without further authority from the FCC. Notification must be sent to the FCC via a Suspension of Operations Notice filing in LMS, not later than the 10th day of discontinued operation. During such period, the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the FCC shall be notified via a Resumption of Operations Notice filing in LMS of the date normal operations resumed. If causes beyond the control of the licensee make it impossible to comply within the allowed period, a request for Special Temporary Authority (see § 73.1635 of this chapter) shall be made to the FCC no later than the 30th day for such additional time as may be deemed necessary via LMS. * * * * * 14. Revise § 74.783 to read as follows: § 74.783 Station identification. (a) Each low power TV and TV translator station not originating local programming as defined by § 74.701(h) must transmit its station identification as follows: (1) By transmitting the call sign in the short channel name field of the Program and System and Information Protocol (PSIP) (or its ATSC 3.0 equivalent) for at least one stream on the station; or (2) By arranging for the primary station, whose signal is being rebroadcast, to identify the translator station by transmitting an easily readable visual presentation or a clearly understandable aural presentation of the translator station's call letters and location. Two such identifications shall be made between 7 a.m. and 9 a.m. and 3 p.m. and 5 p.m. each broadcast day at approximately one hour intervals during each time period. Television stations which do not begin their broadcast day before 9 a.m. shall make these identifications in the hours closest to these time periods at the specified intervals. (b) Licensees of television translators whose station identification is made by the television station whose signals are being rebroadcast by the translator, must secure agreement with this television station licensee to keep in its file, and available to FCC personnel, the translator's call letters and location, giving the name, address, and telephone number of the licensee or his service representative to be contacted in the event of malfunction of the translator. It shall be the responsibility of the translator licensee to furnish current information to the television station licensee for this purpose. (c) A low power TV station shall comply with the station identification procedures given in § 73.1201 of this chapter when locally originating programming, as defined by § 74.701(h), on its primary stream. Other streams may use the method in paragraph (a)(1) of this section. The identification procedures given in paragraphs (a) and (b) of this section are to be used at all other times. (d) Transport Stream ID (TSID) values are identification numbers assigned to stations by the FCC and stored in the Commission’s online database. Two sequential values are assigned to each station. (1) All low power TV stations shall transmit their assigned odd-numbered TSID, if one has been assigned. All TV translator stations shall transmit their assigned odd-numbered TSID, if one has been assigned, or else the assigned TSID of the originating station if one has not been assigned to the TV translator station. (2) In ATSC 3.0, a similar value is used called a Bit Stream ID (BSID). LPTV/translator stations operating in ATSC 3.0 mode shall utilize their assigned even-numbered TSID as their BSID, and transmit it as otherwise required in paragraph (d)(1) of this section. 15. Section 74.784 is amended by revising paragraph (b) to read as follows: § 74.784 Rebroadcasts. * * * * * (b) The licensee of a low power TV or TV translator station shall not rebroadcast the programs of any other TV broadcast station or other station authorized under the provisions of this subpart without obtaining prior consent of the station whose signals or programs are proposed to be retransmitted. The FCC shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. This notification shall be provided by e-mail to TVRebroadcast@fcc.gov, the Video Division’s e-mail box. * * * * * § 74.785 [Removed and Reserved] 16. Remove and reserve § 74.785. § 74.786 [Removed and Reserved] 17. Remove and reserve § 74.786. 18. Section 74.787 is amended by removing paragraph (a)(5)(viii) and adding paragraph (c) to read as follows: § 74.787 Licensing. * * * * * (c) Licensing. An application to construct a new low power TV or TV translator station or change the facilities of an existing station will not be accepted if it fails to protect an authorized Class A, low power TV, or TV translator station or an application for such a station filed prior to the date the low power TV or TV translator application is filed. § 74.789 [Removed and Reserved] 19. Remove and reserve § 74.789. 20. Section 74.790 is amended by revising paragraph (g)(3) and adding paragraph (n) to read as follows: § 74.790 Permissible service of TV translator and LPTV stations. * * * * * (g) * * * (3) Whenever operating, an LPTV station must transmit at least one over-the-air video program signal at no direct charge to viewers at a resolution of at least 480i (vertical resolution of 480 lines, interlaced). * * * * * (n) An LPTV station shall transmit at least the minimum Program System and Information Protocol (PSIP) information necessary for receivers to display the station’s programming. The station is not required to utilize any specific virtual channel number but must avoid creating a contour overlap with any full power TV or Class A TV station’s virtual channel or creating a contour overlap with another LPTV station using the same virtual channel. 21. Section 74.791 is amended by adding paragraph (d) to read as follows: § 74.791 Call signs. * * * * * (d) Call sign protocol. The use of the initial letter generally will follow the pattern used in the broadcast service, i.e., stations west of the Mississippi River will be assigned an initial letter K and those east, the letter W. The two letter combinations following the channel number will be assigned in order, and requests for the assignment of the particular combinations of letters will not be considered. The channel number designator for Channels 2 through 9 will be incorporated in the call sign as a 2-digit number, i.e., 02, 03, etc., so as to avoid similarities with call signs assigned to amateur radio stations. In the event that the two letter combination following the channel numbers reaches ZZ, the next subsequent call sign shall have three letters, beginning with AAA. 22. Section 74.795 is amended by: a. Removing “and” at the end of paragraph (b)(4); b. Removing the period at the end of paragraph (b)(5) and adding “; and” in its place; and c. Adding paragraphs (b)(6) and (7). The additions read as follows: § 74.795 Low power TV and TV translator transmission system facilities. * * * * * (b) * * * (6) The apparatus must be equipped with automatic controls that will place it in a non-radiating condition when no signal is being received on the input channel, either due to absence of a transmitted signal or failure of the receiving portion of the facilities used for rebroadcasting the signal of another station. The automatic control may include a time delay feature to prevent interruptions caused by fading or other momentary failures of the incoming signal; and (7) Wiring, shielding, and construction shall be in accordance with accepted principles of good engineering practice. * * * * *