Federal Communications Commission FCC 10-195
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Measurement Standards for Digital Television 
Signals Pursuant To the Satellite Home Viewer 
Extension and Reauthorization Act of 2004
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ET Docket No. 06-94
REPORT AND ORDER
Adopted:  November 22, 2010 Released:  November 23, 2010
By the Commission:
I. INTRODUCTION
1. By this action, the Commission amends its rules to include measurement procedures for 
determining the strength of a digital broadcast television (DTV) signal at any specific location.  These 
procedures will be used for determining whether households are eligible to receive distant DTV network 
signals retransmitted by satellite carriers, pursuant to the provisions of the Satellite Television Extension 
and Localism Act of 2010 (STELA).1 This Report and Order implements DTV signal measurement 
procedures proposed in the Commission’s Notice of Proposed Rulemaking (SHVERA NPRM) and Further 
Notice of Proposed RuleMaking (STELA FNPRM) in this proceeding with minor modifications.2
II. BACKGROUND
2. The STELA is the fourth in a series of statutes that addresses satellite carriage of 
television broadcast stations.  In the 1988 Satellite Home Viewer Act (“1988 SHVA”), Congress 
established a statutory copyright license to enable satellite carriers to offer subscribers who could not 
receive the over-the-air signal of a broadcast station access to broadcast programming via satellite.3 The 
  
1 See Satellite Television Extension and Localism Act of 2010, Title V of the “American Workers, State, and 
Business Relief Act of 2010,” Pub. L. 111-175, 124 Stat. 1218 (2010) (STELA).  The STELA reauthorizes and 
updates the expired Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA).  See Satellite 
Home Viewer Extension and Reauthorization Act of 2004, Pub. L. No. 108-447, § 204, 118 Stat 2809, 3393 3423-
24, (2004), codified at 47 U.S.C. §339(c)(1).  The SHVERA was enacted as Title IX of the “Consolidated 
Appropriations Act, 2005.”  On December 9, 2005, as required by Section 204(b) of the SHVERA, the Commission 
issued a Report to Congress.  See, “Report to Congress: Study of Digital Television Field Strength Standards and 
Testing Procedures,” ET Docket No. 05-182, 20 FCC Rcd. 19504 (2005) (SHVERA Report).
2 See In the Matter of Measurement Standards for Digital Television Signals Pursuant to the Satellite Home Viewer 
Extension and Reauthorization Act of 2004, ET Docket No. 06-94, Notice of Proposed Rulemaking, 21 FCC Rcd. 
4735 (2006) (SHVERA NPRM). See also Notice of Proposed Rulemaking and Further Notice of Proposed 
Rulemaking, ET Docket Nos. 10-152 and 06-94, 25 FCC Rcd. 10474 (2010) (STELA FNPRM).
3 Satellite Home Viewer Act of 1988 (1988 SHVA), Pub. L. No. 100-667, 102 Stat. 3935, Title II (1988) (codified at 
17 U.S.C. §§ 111, 119).  The 1988 SHVA was enacted on November 16, 1988, as an amendment to the copyright 
laws.  The 1988 SHVA gave satellite carriers a statutory copyright license to offer distant signals to “unserved” 
households.  17 U.S.C. § 119(a). 
Federal Communications Commission FCC 10-195
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1988 SHVA was intended to protect the role of local broadcasters in providing over-the-air television by 
limiting satellite delivery of network broadcast programming to subscribers who were “unserved” by 
over-the-air signals.
3. The Satellite Home Viewer Improvement Act of 1999 (SHVIA) amended the Copyright 
Act and the Communications Act of 1934 (Communications Act) to permit use of a predictive model to 
determine whether a household can receive the analog television signal broadcast by a local network 
affiliated television station.4 Households that are unable to receive a signal of sufficient strength are 
defined as “unserved households.”  The SHVIA did not, however, contain provisions for digital signals.  
4. In December 2004, Congress enacted the Satellite Home Viewer Extension and 
Reauthorization Act of 2004, which again amended the Copyright Act5 and the Communications Act6 to 
further aid the competitiveness of satellite carriers and expand program offerings for satellite subscribers 
while protecting localism.  The SHVERA included new provisions for distant digital signal reception and 
amended Section 339 of the Communications Act and Section 119 of the Copyright Act to provide three 
methods by which a subscriber can establish eligibility to receive such signals.7 First, a subscriber would 
be eligible to receive the distant digital signal of a particular network if his or her household was 
predicted by the SHVIA ILLR model8 to be unserved by the over-the-air analog signal of any affiliate of 
that network (not necessarily the local affiliate). Second, a subscriber whose household was predicted to 
be served by a local station’s analog signal could request an on-site signal strength test to determine if his 
or her household is unable to receive that station’s digital signal.9 Third, a satellite subscriber could 
receive distant digital signals if the television network station granted a waiver to allow satellite 
retransmission of the relevant network from a distant station.  
5. Section 204 of the SHVERA also directed the Commission to conduct an inquiry 
regarding whether the Commission’s digital TV signal strength standards and signal measurement 
procedures for determining if a household is “unserved” by local signals should be revised.  Section 204 
of SHVERA further directed the Commission to provide Congress with a Report on its findings and 
recommendations for any revisions that might be necessary for implementing DTV measurement 
  
4 See Consolidated Appropriations Act for 2000, Pub. L. 106-113, § 1000(9), 113 Stat. 1501 (enacting S. 1948, 
including the Satellite Home Viewer Improvement Act of 1999 (SHVIA), Title I of the Intellectual Property and 
Communications Omnibus Reform Act of 1999, relating to copyright licensing and carriage of broadcast signals by 
satellite carriers, codified in various  sections of 17 and 47 U.S.C.).  Section 1008(a) of SHVIA added, inter alia,
new Section 339 (“Carriage of Distant Television Stations by Satellite Carriers”) to the Communications Act of 
1934, 47 § U.S.C. 151, et seq.
5 Section 103 of the SHVERA created a new 17 U.S.C. § 119(a)(4)(D) to provide satellite carriers with a statutory 
copyright license to offer distant digital network signals. 
6 See 47 U.S.C. §§ 325, 338, 339 and 340.
7 See 17 U.S.C. § 119(d)(10)(A) and 47 U.S.C. § 339(c)(4)(A).  See also 47 U.S.C. § 339 (a)(2)(D)(i). 
8 The ILLR Computer Program developed as a result of the SHVIA computes the predicted over-the-air signal 
strength of analog television (TV) stations at individual viewing locations.  See “The ILLR Computer Program,” 
OET Bulletin No. 72 (2002) available at:
http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet72/oet72.pdf.
9 See 47 U.S.C. § 339(a)(2)(D)(i).  Generally, subscribers in the top 100 television markets were allowed to request a 
digital signal strength test after April 30, 2006 and subscribers in other markets were allowed to request a test after 
July 15, 2007.  See 47 U.S.C. §339(a)(2)(D)(vii)(I)(aa)(bb).  The Commission proposed rules for a digital signal 
strength measurement procedure and that procedure has been used on an interim basis pending its adoption of final 
rules.  See In the Matter of Measurement Standards for Digital Television Signals Pursuant to the Satellite Home 
Viewer Extension and Reauthorization Act of 2004, ET Docket No. 06-94, Notice of Proposed Rulemaking, 21 FCC 
Rcd. 4735 (2006).  
Federal Communications Commission FCC 10-195
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standards and procedures.10 Pursuant to this requirement, the Commission issued a Notice of Inquiry11
and, on December 8, 2005, issued the SHVERA Report to Congress that, in relevant part, stated that the 
Commission generally believes that the digital television measurement procedures should be similar to 
the Commission’s current procedures for measuring the field strength of analog television stations in 
Section 73.686(d) of the rules, but with certain modifications to address the differences between analog 
and digital TV signals.12 The Commission also stated that no changes are needed to the digital television 
field strength standards and/or planning factors for purposes of determining whether a household is 
eligible to receive retransmitted distant network television signals.13  
6. The Commission subsequently adopted the SHVERA NPRM in which it proposed 
measurement standards for digital television signals as recommended in the SHVERA Report.14 The 
Commission specified that it would rely on the proposed DTV measurement procedures for evaluating 
DTV signal strength pending the adoption of final rules.15 These interim procedures have been in effect 
since adoption of the SHVERA NPRM in April, 2006, and to date we have not received any reports of 
problems or difficulties with their use.  The Commission received four comments and three reply 
comments from parties representing the interests of satellite service providers, broadcast television 
stations, radio engineering firms and consumer electronics manufacturers in response to the SHVERA 
NPRM.16  
7. The STELA retains the SHVERA framework of three methods for establishing subscriber 
eligibility to receive distant digital signals:  predictive model; on-site testing; and waiver.  Following the 
STELA’s enactment, the Commission adopted the STELA FNPRM to address provisions of the STELA 
regarding the second method, digital signal measurement procedures.  The Commission explained in the 
STELA FNPRM that the STELA raised three new issues not addressed in the SHVERA NPRM:  1) which 
station signals are to be measured; 2) what type of antenna is to be used in performing on-location testing; 
and 3) which program stream from a station in the local market is to be measured.17 We sought comment 
on these issues and more generally to refresh the record in response to the SHVERA NPRM.   We note that 
Congress directed that “[i]n conducting such rulemaking, the Commission shall seek ways to minimize 
consumer burdens associated with on-location testing.”18  The Commission received three comments and 
  
10 See 47 U.S.C. § 339(c)(1).
11 See In the Matter Of Technical Standards For Determining Eligibility For Satellite-Delivered Network Signals 
Pursuant To The Satellite Home Viewer Extension and Reauthorization Act, ET Docket No. 05-182, Notice of 
Inquiry, 20 FCC Rcd. 9349 (2005) (SHVERA Inquiry).
12 Id. at 19506.
13 See SHVERA Report, 20 FCC Rcd at 19506, 19553-19561.  The digital television noise-limited service contour 
thresholds are signal levels of -41 dBµ, -36 dBµ, and -28 dBµ for UHF channels, high VHF channels, and low VHF 
channels, respectively.  See 47 C.F.R. § 73.622(e).
14 See SHVERA NPRM, supra n. 2.
15 Id. at ¶ 6.
16 A list of commenters is provided in Appendix C.
17 See 17 U.S.C. § 119(d)(10)(A) as amended by STELA section 102.  The STELA specifies that network affiliates 
broadcast on multicast streams will be considered “on or after the qualifying date,” which is defined as “October 1, 
2010, for multicast streams that exist on March 31, 2010; and January 1, 2011, for all other multicast streams.”  17 
U.S.C. § 119(d)(13), as amended by STELA section 102.  See also 17 U.S.C. § 119(d)(10)(A), (d)(14) and (15), as 
amended by STELA section 102.
18 We also note that the STELA requires that the Commission “issue an order completing its rulemaking proceeding 
in ET Docket No. 06-94 …” by November 24, 2010.  See STELA, section 204(b)(2), amending section 339(c)(3)(B) 
of the Communications Act, codified at 47 U.S.C. 339(c)(3)(B).  
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three reply comments in response to the STELA FNPRM from parties representing the interests of satellite 
service providers, broadcast television stations and radio engineering firms.19  
III. DISCUSSION
8. In accordance with the provisions of the STELA, we are amending our rules to include 
procedures for measuring the field strength of digital television signals.  These procedures will be used to 
determine whether a household is eligible to receive a distant digital network signal from a satellite 
television provider.  The rules adopted herein were developed based on our recommendations in the 
SHVERA Report20 and comments received in response to the SHVERA NPRM and the STELA FNPRM.  
They largely rely on existing, proven methods the Commission has already established for measuring 
analog television signal strength at any individual location, as set forth in Section 73.686(d) of the 
existing rules, but include modifications as necessary to accommodate the inherent differences between 
analog and digital TV signals.  The new digital signal measurement procedures include provisions for the 
location of the measurement antenna, antenna height, signal measurement method, antenna orientation 
and polarization, and data recording.
9. Stations to be Tested. We adopt our proposal that measurements for distant network 
signal eligibility only include stations located within the same DMA as the satellite subscriber’s 
household.    The STELA differs from the SHVIA and SHVERA in that it specifies that only “local” 
stations, i.e., stations located within the same DMA as the subscriber’s household, are to be considered in 
determining a subscriber’s eligibility.  Under the SHVIA, Congress defined an “unserved household,” 
with respect to a particular television network, to mean “a household that-- cannot receive … an over-the-
air signal of a primary network station affiliated with that network …”21 This definition was not altered 
in the SHVERA.  However, in the STELA, Congress modified the definition of an “unserved household”  
to mean a household that “cannot receive … an over-the-air signal containing the primary stream, or … 
the multicast stream, originating in that household’s local market and affiliated with that network …”22  
Under the rules for analog TV measurements, a testing entity had to measure the signals of all stations 
affiliated with a specific network.  However, under the STELA, a testing entity is to consider only the 
signals of those network-affiliated stations that are located in the same DMA as the satellite subscriber.  
Thus, we proposed in the STELA FNPRM to modify our proposed rules for measurement of DTV signals 
for purposes of determining eligibility for delivery of distant network signals by satellite providers to 
incorporate this change.  We did not receive any comment on this issue and accordingly adopt our 
proposals without change.  We note that, consistent with Section 204(b)(2) of the STELA, this rule 
change could reduce burdens on both testers and consumers as fewer stations would need to be tested, 
potentially resulting in lower costs for consumers and saving time. 
10. Indoor Measurements. We adopt our proposal to continue to rely on an outdoor signal 
intensity test for purposes of determining subscriber eligibility to receive distant network signals.  The 
current measurement rules for analog signals specify the use of an outdoor antenna, consistent with the 
provisions of the SHVERA.23 The STELA modified the statute’s wording to replace the term 
  
19 A list of commenters is provided in Appendix C.
20 See n. 1, supra.
21 See n. 4, supra. Implementing 17 U.S.C. § 119(d)(10)(A).
22 See 17 U.S.C. § 119(b)(1)(A) as amended by STELA section 102 (emphasis added).
23 See 47 C.F.R. § 73.686(d).  We note that this rule section does not specifically use the term “outdoor antenna.”  
However, its various provisions, such as the requirement to elevate the antenna to 6.1 meters above ground for a one 
story building and 9.1 meters above ground for a two-story or taller building, can only be followed using an outdoor 
antenna.  The SHVERA refers to this rule section in putting forth the requirements for testing.  See section 204 of 
the SHVERA which created a new 47 U.S.C. § 339(a).
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“conventional, stationary, outdoor rooftop receiving antenna” with the term “antenna.”24 In light of the 
amended statutory language, we invited comment on the potential use of moveable indoor antennas in our 
digital signal measurement procedures, but for several reasons declined to propose rules for indoor 
measurements.  First, in the SHVERA Report, the Commission concluded that many factors, including the 
performance expected of an indoor antenna, the placement of the antenna, and the location within a 
structure or room where the antenna is located make it difficult to develop an indoor television signal 
measurement procedure that will provide accurate, reliable and repeatable results.25 There are no standard 
models or planning factors for indoor reception, and in particular there is no standard antenna 
specification for such reception.26 The wide variation in indoor viewing situations makes it difficult to 
specify a standard model that meaningfully relates to any typical indoor viewing location.  In addition, the 
performance of indoor antennas available to consumers varies significantly.27 Second, signal strengths 
typically vary significantly at different locations within a room and in different rooms such that it is not 
apparent where the measurement antenna should be placed.28 In light of these considerations, we 
requested comments in the STELA FNPRM on alternative approaches for making eligibility 
determinations in situations where consumers are not able to use an outdoor antenna to receive local 
television signals.  We also noted that the signal intensity standard in Section 73.622(e)(1), which 
specifies the signal level that constitutes service, assumes an outdoor antenna, as it relies on the 
methodology of the Commission’s OET Bulletin No. 69, which in turn relies on the DTV planning 
factors, including an outdoor antenna.29
11. In response to the SHVERA NPRM, EchoStar (subsequently renamed Dish Network) filed 
comments requesting that the Commission permit indoor testing for purposes of determining distant 
signal eligibility.30 Similarly, Dish Network, along with DirecTV, filed comments in response to the 
STELA FNPRM requesting that an indoor test procedure be implemented.31 They argue that because the 
STELA deleted the specification of a “conventional, stationary, outdoor rooftop receiving antenna” from 
the definition of an “unserved household,” a household should now be deemed unserved if it cannot 
receive a signal of sufficient strength by means of a simple indoor antenna.32 They contend that 
Congress’ intent was to imply that indoor antennas should be included in a measurement procedure.  
Opposing this view, the Broadcaster Associations (Broadcasters) argue that the fact that the descriptive 
phrase “outdoor antenna” was dropped from the STELA was not a signal that Congress intended to 
  
24 See 17 U.S.C. § 119(d)(10)(A), as amended by STELA Section 102.
25 See SHVERA Report at ¶ 125.
26 Id. Discussing that EchoStar, the main proponent of measuring using an indoor antenna, states that a typical 
antenna should be used but does not provide any information defining such an antenna.  The outdoor DTV antenna 
planning factors include antenna gain of 4 dBd, 6 dBd, and 10 dBd for Low VHF, High VHF, and UHF, 
respectively, downlead line loss of 1 dB, 2 dB, and 4 dB for Low VHF, High VHF, and UHF, respectively, antenna 
height of 10 meters, and front-to-back ratios of 10 dB, 12 dB, and 14 dB for Low VHF, High VHF, and UHF, 
respectively.  See OET Bulletin No. 69, “Longley-Rice Methodology for Evaluating TV Coverage and 
Interference,” February 06, 2004.
27 Id. at ¶¶ 38-9.
28 Id. at ¶¶ 37, 43 and 125.
29 See FCC “OET Bulletin No. 69, Longley-Rice Methodology for Evaluating TV Coverage and Interference,” 
February 06,” (OET Bulletin No. 69 is available on the FCC website at 
http://www.fcc.gov/oet/info/documents/bulletins/)
30 EchoStar comments to the SHVERA NPRM at 15.
31 DirecTV and Dish Network comments to STELA FNRPM at 4.
32 Id. at 2.
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abandon the longstanding “outdoor antenna” provision.33 Further, they claim that Congress, by 
specifying use of the signal strength standard in Part 73 essentially dictated the use of an outdoor antenna 
because the standard is based on an outdoor antenna.  
12. We are not persuaded by DirectTV and Dish Network’s arguments that Congress’ 
deletion of the qualifiers specifying a “conventional, stationary, outdoor rooftop receiving antenna” from 
the definition of an “unserved household” in the STELA reflects a Congressional intent that indoor signal 
strength measurements be incorporated into the Commission’s rules.  We are also not persuaded by the 
Broadcasters’ assertion that the STELA requires the Commission to continue to rely on an outdoor 
antenna for conducting measurements.  Instead, we believe that the change in statutory language simply 
affords that Commission latitude to consider all types of antennas.  As observed in the SHVERA Report, 
the Commission has always assumed that households will use the type of antenna that they need to 
achieve service; if an indoor antenna is insufficient for a particular household, it will generally rely on a 
rooftop antenna.34 Nothing in the STELA reflects that Congress wished to alter that assumption.  On the 
contrary, the STELA specifies use of the digital television signal strength standard in Section 73.622(e)(1) 
of the rules, which is derived from the assumptions in the digital television planning factors set forth in 
OET Bulletin No. 69, including the assumption of use of an outdoor antenna.35 We do not believe that 
Congress would have incorporated this assumption into the STELA if it intended use of an indoor antenna 
standard.  
13. We also find that continued use of an outdoor antenna standard for signal strength 
measurements is the best means of achieving the directives for digital TV signal strength measurements 
set forth in the STELA.  First, as discussed above, the STELA specifies use of the digital television signal 
strength standard in Section 73.622(e)(1) of the rules as the threshold metric against which to compare 
measurements to determine whether households are “served” or “unserved.”  That signal strength 
standard is important because it serves to define the service boundary or “service contour” of a digital 
television station and the threshold at which a station’s service is considered to be available in areas 
within that service contour.  That standard, in turn, is premised on use of an outdoor antenna through the 
digital television planning factors set forth in OET Bulletin No. 69.  To provide for meaningful 
comparisons between that standard and digital TV signal strength measurements, we find that it is 
appropriate to specify use of an outdoor antenna, so that the signals whose strengths are being measured 
have the same qualities as the signal specified in the standard.
14. Second, no reliable indoor testing method has been proposed.  DirecTV and Dish 
Network submitted a test protocol for indoor antennas developed by Mr. Christopher Kurby which they 
claim addresses the Commission’s concerns in the STELA NPRM.36 Mr. Kurby recommends that the 
Commission allow for the use of dipole antennas with gains as characterized by the Institute for 
Telecommunications Sciences for low VHF, VHF, and UHF of -4.4, -2.8, -3.0 dBd, respectively.37 Mr. 
Kurby also recommends that the measurement location be the room in which the TV is intended to be 
  
33 Broadcaster comments to the STELA FNPRM at 5-6.
34 Broadcasters comments to the STELA FNPRM at 5.  They quote the following response on DIRECTV’s website 
to the frequently asked question “Can I Use My Current Antenna to Get a Distant Signal?”:  “In general, as you 
move further from the transmitter location a broadcast signal becomes weaker. . . . Because indoor units are less 
likely to have a clear line-of-sight, homes that depend on Rabbit Ear antennas may find it more difficult to receive 
digital signals.  Some locations may need to switch to a roof mounted antenna in order to receive an acceptable 
digital signal.”  (DIRECTV website http://support.directv.com/app/answers/detail/a_id/2621 (visited Sept. 1, 2010) 
(emphasis added).)
35 See n. 29, supra.
36 DirecTV and Dish Network comments to STELA FNRPM at 21.
37 Id. at Engineering Analysis and Statement at 6.
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used.  He argues that the antenna height above the floor is almost completely irrelevant because according 
to the COST231 model,38 signal level versus height is linear with distance in dB.39 Thus, Mr. Kurby 
states that any height within a room will not affect the measurement substantially.  His recommended 
procedure also would orient the antenna in the direction of the first station to be measured and maintain 
that position for all other stations to be tested.40 His procedure also provides for adjustments on the order 
of 37.3 dB which should be added to the measured indoor value to provide the signal level to be 
compared to the standard in Section 73.622(e)(1) of the rules.41 DirecTV and Dish Network also argue 
that the time variability should be corrected for 99% rather than the 50% currently used.42  
15. In opposition, the Broadcasters submitted an Engineering Statement prepared by Meintel 
Sgrignoli & Wallace (MSW).  The Engineering Statement avers that it would be difficult to define an 
indoor measurement procedure that could accurately account for the wide variety of antennas, possible 
antenna locations (rooms), antenna orientations, and the dynamic signal conditions within a home.  It 
further states that MSW is not aware of any efforts to characterize a “median” case for all of these factors, 
nor to develop a “typical” antenna performance characteristic.43 More specifically, MSW states that the 
testing model suggested by DirecTV and Dish Network is flawed.  Its support for this statement includes 
lack of specification of which TV in a household should be tested, which can lead to manipulation of the 
system; lack of an antenna calibration requirement, which could lead to unreliable results; impractical 
antenna choice due to a dipole measuring almost nine feet for low VHF signals; a belief that a 1 meter 
antenna height does not work for all situations; and that the antenna would not be properly pointed for 
each station, thereby unfairly penalizing all stations other than the first to be measured.44  
16. We agree with the Broadcasters that the proposed methodology advanced by DirecTV 
and Dish Network is flawed.  We stated previously that a measurement procedure must be accurate and 
repeatable if it is to have any validity as a basis for determining eligibility for distant network signals.45  
  
38 European Co-operation in the field of Scientific and Technical research (COST) Action 231 developed the COST 
231 propagation model for estimating urban transmission loss in the 900 MHz and 1800 MHz bands.  See, e.g., K. 
Loew, “Comparison of urban propagation models with CW measurements,” in Proc. Veh. Technol. Conf., Denver, 
CO, 1992, pp. 936–942.
39 Id.  Mr. Kurby states that there is only a 1 dB difference between a 10 foot antenna height and 13 foot antenna 
height, i.e., 10log(13) – 10log(10) = 1.1.
40 Id.
41 Id. at 6-7.  Mr. Kurby’s adjustments to the measured value include 9 dB for the difference between the gain of an 
outdoor and indoor antenna, 20 dB to account for difference in indoor and outdoor reception, and 7.7 dB to account 
for the difference between the 9 meter height of an outdoor antenna and a 1 meter indoor antenna.  (He also 
recommends additional adjustments for antenna mismatch, reduced sensitivity in low cost set-top boxes, multipath, 
and a change to 99% reception availability that would increase the correction factor to 64 dB.)
42 DirecTV and Dish Network comments to STELA FNRPM at 24.  In the case of analog TV service, the planning 
factors include adjustments to the time variability factors in order to provide for service at 50% of locations 90% of 
the time.  Those values add 6 dB at low VHF, 5 dB at high VHF, and 4 dB at UHF to the F(50,90) contour values to 
define the analog F(50,50) Grade B contour values.  See Robert A. O’Connor, “Understanding Television’s Grade A 
and Grade B Service Contours,” IEEE Trans. Broadcasting, Vol. BC14, No. 4, December 1968, for more 
information. 
43 Broadcaster comments to the STELA FNPRM at MSW Engineering Statement at 9.
44 Broadcasters reply comments to STELA FNRPM at 39-40.
45 The notion that the test procedure should be accurate and objective originates from the first proceeding the 
Commission conducted to develop TV measurement standards.  See In the Matter of Satellite Delivery of Network 
Signals to Unserved Households for Purposes of the Satellite Home Viewer Act, Report and Order, CS Docket No. 
98-201, 14 FCC Rcd. 2654, 76 (1999) ¶45 (SHVA Report and Order) (“[f]or the SHVA to function more effectively, 
(continued….)
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To achieve this goal, the methodology involved must be sufficiently specific so that if different testers 
were to make the measurement, their results would be consistent.  We find that the proposed testing 
procedure submitted by DirecTV and Dish Network would not achieve such results.  First, as pointed out 
by the Broadcasters, there is a lack of specificity regarding which TV should be measured in a household 
with multiple TVs.  For example, measured signal strength near a TV located in a basement will be 
different (generally much lower) than measured signal strength near a TV located on the first or second 
floors.  Thus, under the proposed indoor testing procedure measurements are likely to have inconsistent 
results, with the signal strength standard being met in some rooms and not in others.  Second, the 
proposed testing procedure fails to specify where to place the measurement antenna within a room.  Just 
as measured signal strength is likely to be different in different rooms, placing a measurement antenna in 
different locations within a room often leads to different measured signal strength values.  Experience 
with the digital TV transition showed that antenna placement within a room could make a significant 
difference in whether channels could be received,46 due to the dynamic nature of the indoor environment, 
where multipath effects are pronounced.  In this regard, we also observe that the Commission advised 
consumers of wide antenna performance variability generally and for indoor antennas in particular.47 For 
example, the Commission advised consumers having problems with indoor antennas to check the antenna 
performance information, move the antenna for best reception, place it near a window, as high as 
possible, away from electronic equipment and change the direction the antenna is facing.  Further, the 
Commission advised that a roof-top antenna may be needed.  Thus, the lack of specificity in DirecTV and 
Dish Network’s procedures is likely to lead to inconsistent results that are difficult to repeat and easy to 
manipulate.  Testers could intentionally place an antenna in a location known to have poor reception, 
move TVs into rooms with known reception issues, place objects or persons at certain locations within a 
house or a room, or use a test antenna at locations where it is impossible to actually place a TV antenna.  
Contrary to DirecTV and Dish Network’s assertion that the height of the measurement antenna does not 
make much difference, real-world experience shows otherwise.  For these reasons, the indoor testing 
protocol proposed by DirecTV and DISH fails to meet our well-established criteria for an accurate and 
repeatable digital signal measurement procedure.
17. As a fallback and as a way to account for multipath effects, DirecTV and Dish Network 
suggest that the Commission should permit a “reception” test which would examine whether a household 
can lock on to a viewable signal, no matter how strong it is.  They claim that not only does the signal need 
to be of sufficient strength, but the household must be also able to receive the signal; only if it receives a 
signal in the first place does the strength of the signal become relevant.  This can be accomplished by 
simply testing reception, i.e., does the TV receiver show a picture.48 The Broadcasters assert that the 
Commission should reject what they characterize as a “picture test” proposal by DirecTV and DISH, 
arguing that the STELA contemplates a signal strength test, not a picture quality test, as many factors, 
such as the type and location of the indoor antenna and the presence and location of other electronic 
devices in the home that may generate radio noise, may affect the ability of a particular TV to receive a 
picture, all of which have nothing to do with a station’s signal strength.49 Moreover, they state that a 
picture test would be unreliable for various reasons:  the receiver may be broken or malfunctioning; the 
TV could be in bad repair; the TV could be analog without a digital converter; or a wire could be cut 
(Continued from previous page)    
a relatively low cost, accurate, and reproducible methodology for measuring the presence of a Grade B intensity 
signal at an individual household is especially important.”).
46 See, e.g., Broadcasters reply comments to the STELA FNPRM, engineering statement at 13-14.
47 See for example, “Fix Reception Problems” at http://www.dtv.gov/fixreception.html  and “FCC Consumer Facts: 
Antennas and Digital Television” at http://www.fcc.gov/cgb/consumerfacts/dtvantennas.html
48 DirecTV and Dish Network comments to STELA FNRPM at 24.
49 Broadcasters reply comments to STELA FNRPM at 38-39.
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somewhere.50 We agree with the Broadcasters that the “reception” test proposed by DirecTV and Dish 
Network is neither consistent with the STELA nor accurate and repeatable.  The statute expressly states 
that the purpose of the test is to verify “the subscriber’s inability to receive a signal of the signal intensity 
…” referenced in § 73.622(e)(1) the Commission’s rules.51 This statutory language explicitly refers to an 
objective test of signal intensity, not the specific TV receiving system in a viewer’s household.  Finally, 
we note DirecTV and Dish Network’s proposal would render the statutory language superfluous because 
if the intent was simply to test if a viewer’s receiving system can display a picture, then there would have 
been no need for Congress to specify a separate signal intensity test as all that would be necessary is to 
turn on the TV and observe the results.  For these reasons, we reject DirecTV and Dish Network’s 
proposal for a reception test.
18. DirecTV and Dish Network also argue in support of indoor testing that in the Report and 
Order implementing the 1988 SHVA, the Commission suggested that in some instances “the 
measurement should be taken inside, near the television.”52 Their reliance is misplaced.  The 
Commission suggested such a measurement only in specific, extraordinary circumstances:  households 
that are part of a multi-dwelling unit (MDU) that is taller than three stories without access to a master 
antenna on the roof or a balcony or patio.53 Moreover, the SHVA Report and Order specified that tests 
should be taken outdoors, consistent with the 1988 SHVA,54 and the rules codified by the Commission in 
the SHVA Report and Order only provided for outdoor tests. 
19. We also reject DirecTV and Dish Network’s proposed adjustments to the signal strength 
standard to account for differences between indoor and outdoor measurements.55 We find that application 
of these adjustments would significantly alter the digital television service description as defined in the 
Section 73.622(e)(1) signal strength standard by reducing the likelihood that measurements at a given 
location would indicate a capability to receive service.  Under the proposed plan, at least 37.3 dB would 
be subtracted from an outdoor measurement to estimate the predicted indoor signal strength.  No 
additional modifications to the model or its assumptions are offered to compensate for this proposed 
change which in essence would modify the signal strength standard, creating a separate standard for 
locations with and without outdoor antennas.56.  Such a change could, as the broadcasters observe, 
dramatically increase the number of households eligible for satellite delivery of distant network signals.  
Notwithstanding the difficulties already pointed out in developing a standard that would provide accurate 
and reliable indoor measurements,57 we are concerned that many satellite subscribers who could use an 
outdoor antenna would have an incentive to take the “easy path” and simply report that they cannot use an 
  
50 Id. at 38.
51 See STELA, section 204(b)(2), amending section 339(c)(3)(B) of the Communications Act, codified at 47 U.S.C. 
339(c)(3)(B).
52 DirecTV and Dish Network comments to STELA FNRPM at 21.  See also SHVA Report and Order at para. 15.
53 Id.
54 This decision was upheld on reconsideration, in which the Commission specifically rejected Echostar’s argument 
that the outdoor procedure should be changed to provide for indoor measurements at the TV set. See In the Matter 
of Satellite Delivery of Network Signals to Unserved Households for Purposes of the Satellite Home Viewer Act, 
Order on Reconsideration, CS Docket No. 98-201, 14 FCC Rcd. 2654 (1999) ¶14.
55 Comments of DirecTV and Dish Network to STELA FNPRM at Engineering Analysis and Statement at 6-7.  See 
also, n. 41, supra for details on the proposed adjustments.
56 That is, under this proposal, assuming a UHF TV signal which requires a -41 dBµV/m signal, a test at a location 
without an outdoor antenna would need to result in measured signal strength of at least -3.7 dBµV/m to account for 
the 37.3 dB in adjustments (e.g., -41 dBµV/m – -37.3 dB = -3.7 dBµV/m).
57 See para. 10, supra.
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outdoor antenna and thereby be evaluated under this proposed indoor antenna standard, when in fact they 
could readily receive a station’s service with outdoor antenna.  For example, subscribers located within a 
station’s service area but at distances from its transmitter where indoor reception is not possible could 
simply assert that they cannot use an outdoor antenna and under this proposal be eligible to receive a 
distant network signal.  This would remove large numbers of viewers from local stations’ potential 
audience.  In view of Congress’ selection of the Section 73.622(e)(2) signal strength standard as the 
threshold for distant signal eligibility in the STELA, we do not believe that Congress envisioned or 
contemplated such an increase in the numbers of satellite subscribers eligible for delivery of distant 
network signals.
20. Finally, we note that outdoor testing may be less burdensome to consumers because it 
eliminates the potential for property damage that might be associated with conducting a test indoors..58  
The Broadcasters claim that indoor testing would increase burdens because consumers would need to be 
home to let testers in, whereas an outdoor test can be done anytime and does not require allowing a 
stranger into the home, where there would be a risk of property damage due to accidents from indoor 
movement of large antennas that must be used as dipoles for low VHF channels and that can measure 
almost 9 feet across.59 We agree but acknowledge the likelihood that a consumer who has requested a test 
would want to attend the conduct of the test whether indoors or outside.
21. Notwithstanding this decision, we remain aware and concerned that using the outdoor 
measurement procedures may result in instances where a consumer who either cannot use an outdoor 
antenna or cannot receive service using an outdoor antenna60 and is not able to receive a station’s service 
with an indoor antenna will be found ineligible for satellite delivery of a distant network signal. We 
considered ways to design an outdoor measurement that could be used to determine the availability of a 
signal that would provide sufficient signal strength to be received by a hypothetical indoor antenna.61  
However, the record does not provide sufficient data to determine the appropriate antenna gain and 
pattern of such an antenna.  Further, the record does not provide sufficient data to determine what  signal 
strength should be used, how to correlate an outdoor measurement to indoor viewing locations62 or how to 
determine the circumstances under which the hypothetical indoor signal strength should be used.  
Moreover, as discussed above, any reliance on an indoor standard would be at odds with both the signal 
strength rule in STELA and the signal strength adopted for the new digital predictive model pursuant to 
STELA.63  
22. Our concern for consumers is mitigated to a large extent by new local-into-local offerings 
by satellite carriers, which we believe will significantly reduce the number of instances where satellite 
subscribers would need to consider requesting delivery of distant network signals.  Dish Network now 
  
58 See STELA, section 204(b)(2), amending section 339(c)(3)(B) of the Communications Act, codified at 47 U.S.C. 
339(c)(3)(B) (discussing the reduction of consumer burden in association with signal testing).
59 Broadcasters reply comments to STELA FNRPM at 41.
60 For example, a satellite subscriber may only have the option of placing an antenna on the south side of a building 
along with the satellite dish and be unable to receive over-the-air reception from television stations broadcasting 
from the north.
61 The Commission does not have any data nor are we aware of any data that characterizes the broad distribution of 
antennas that viewers are actually using.
62 For example, signal attenuation will differ depending on home construction materials.  Applying such a procedure 
could entail a large scale test effort to characterize the attenuation properties of various building materials and a 
requirement for the tester to determine the materials present in any given test in order to apply the proper correction 
factor. 
63 See supra, paragraphs 17 and 19; and STELA ILLR Report and Order at paragraphs ___ .
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provides local network stations (local-into-local service) in all 210 DMAs.64 In addition, DirecTV now 
provides local-into-local service in all but 40 relatively small markets.65 We recognize that DirecTV and 
Dish Network will still have some subscribers who are not within the spot beams providing local-into-
local service and who, therefore, would like to qualify for distant signals.  However, the locations in 
which local-into-local service is not available are likely to be in areas with relatively small populations at 
the edge of DMAs that are served by satellite service “spot beams” that provide localized service to the 
major portion of a DMA, including its center of population.  Those populations are served by their 
carrier’s larger regional coverage signals that do not have the local signals carried on the spot beams.  In 
concluding that the outdoor antenna standard remains appropriate, we have also considered that most 
subscribers for whom local-into-local service is unavailable, and who will request distant signals from 
their satellite carriers, are likely to be in rural areas where use of outdoor antennas is more common and 
practical than in urban areas.  As noted above, Dish now serves all 210 DMAs and only a small number of 
Dish subscribers are beyond the spot beams serving those DMAs and therefore potentially eligible for 
distant signals.66 Although DIRECTV does not offer local stations in 60 DMAs, these are small market, 
mostly rural areas where outdoor antennas are likely to be more prevalent.  
23. We also observe that under Section 339(a)(2)(E) of the Communications Act, satellite TV 
subscribers who are denied delivery of a distant network signal based on a measurement67 may request a 
waiver, through the subscriber's satellite carrier, from the station that asserts that such retransmission is 
prohibited.68 While we do not know the extent to which stations have granted such waivers, we note that 
the waiver process is available.  We encourage stations receiving such waiver requests to consider the 
  
64 See 17 U.S.C. § 119(g), as amended by STELA section 105 and 47 U.S.C. § 342, as amended by STELA section 
206.  Dish Network launched 29 markets on June 3, 2010, and now offers local-into-local service in all 210 DMAs.  
See DISH Network L.L.C. Application for Qualified Carrier Certification, MB Docket No. 10-124, Attachment A at 
¶ 2 (filed June 30, 2010).  See also http://dish.client.shareholder.com/releasedetail.cfm?ReleaseID=474211.   
DIRECTV currently provides the local-into-local package in 150 DMAs, comprising 94% of U.S. households.   See 
http://www.directv.com/DTVAPP/packProg/localChannels.jsp?assetId=900018.
65 See http://www.directv.com/DTVAPP/content/hd/hd_locals  (noting that DIRECTV currently offers local 
broadcast channels in 170 markets, representing more than 97% of U.S. TV households) (site visited Nov. 22, 2010).
66 See, Application for Qualified Carrier Certification of DISH Network, LLC (MB Docket No. 10-124, filed June 
30, 2010) (“DISH Application”), at Attachment A (Affidavit of David Shull).  they are required to provide service to 
at least 90% of households in every DMA in order to retain their qualified carrier status, and they have retained their 
status, so it would not be unreasonable to assumer they are in fact serving at least that many customers. The STELA 
requires that DISH maintain actual local-into-local service in all 210 DMAs (codified at 17 USC 119(g)(4)(A)(i)), 
and defines local-into-local service, in part, as serving at least 90% of households in a DMA (17 USC 119(g)(7)(B)).  
In the 29 new markets being served by DISH, its signals are predicted to serve at least 90% of households, see DISH 
Application at Attachment D (DMA Specific Information and Maps).  See also footnote 37, supra.
67 We note that a measurement is only performed at the request of a subscriber if the predictive model, first, 
determines that a subscriber is predicted to receive service at his or her location. 
68 See 47 U.S.C. 339(a)(2)(E).  This section of the Communications Act provides that “[T]his paragraph shall not 
prohibit retransmission of a distant signal of any distant network station to any subscriber to whom the signal of the 
local network station affiliated with the same network is available, if and to the extent that such local network 
stations has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with 
respect to retransmission of such distant network station to such subscriber.”  Similar waiver authority is provided in 
Section 119(a)(13) of the Copyright Act,  17 U.S.C. 119(a)(13).  That section of the Copyright Act provides that “[a] 
subscriber who is denied the secondary transmission of a signal of a network station under subsection (a)(2)(B) may 
request a waiver from such denial by submitting a request, through the subscriber's satellite carrier, to the network 
station asserting that the secondary transmission is prohibited.  The network station shall accept or reject a 
subscriber's request for a waiver within 30 days after receipt of the request.  If a television network station fails to 
accept or reject a subscriber's request for a waiver within the 30-day period after receipt of the request, that station 
shall be deemed to agree to the waiver request and have filed such written waiver.“
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mitigating circumstances such as whether the subscriber is in an urban area or resides in a multiple 
dwelling unit, thereby confined to rely on an indoor antenna, and act accordingly to grant the waiver 
request on a case-by-case basis.
24. Multicast Signals.  We adopt our tentative conclusion not to make any special provisions 
for multicast signals in our modified digital signal strength measurement procedures.  Our tentative 
conclusion in the STELA FNPRM was based on the recognition that the testing protocol measures a 
station’s signal at the subscriber location and that all program streams are equally available on a signal.69  
Whether the station’s signal includes one or more program streams or networks does not necessitate a 
change in the test employed because the presence of multiple streams has no bearing on the signal 
intensity or receivability, i.e., the bit stream of a single TV signal can be decoded into multiple program 
streams, but there is only a single TV signal to measure.  We stated our belief that the tester, the satellite 
carrier and the network affiliate involved in the conduct of the test will be able to identify the network 
affiliates in the broadcast signal.  If the signal is found to be available at the subscriber location at the 
requisite intensity, then any and all of the networks in that signal will likewise be available.  If the 
station’s signal is not found to be present at the requisite intensity, the subscriber will be unserved with 
respect to any and all networks broadcast on the streams in that signal, unless the subscriber receives a 
signal of sufficient strength from another local station affiliated with the same network or networks.  Only 
the Broadcasters commented on our tentative proposal, stating that multicast streams should be treated 
equally.70 Accordingly, we adopt our tentative conclusion not to make any special provisions for 
multicast signals.  
25. DTV Signal Measurement Procedures.  We adopt the proposal in the SHVERA NPRM to 
continue using the same rules for measuring DTV signals as the Commission uses for measuring analog 
TV signals, with the modifications identified below.  Under the current rules, measurements are to be 
made as close as possible to the specific site where the household’s receiving antenna is located or in the 
case when there is no receiving antenna at the site, measurements are to be made at locations as close as 
possible to a reasonable and likely spot for the antenna.71 Further, the current rules require that five cluster 
measurements be taken, each at least 3 meters apart, and if possible, the first testing point should be the 
center of a square whose corners are the four other locations.72 EchoStar commented that these 
requirements make good sense and provide a fair degree of flexibility to the tester to adapt to the 
subscriber’s location.73 However, EchoStar asked for clarification that it is not necessary to choose 
locations in the shape of a square, but only that the testing locations be as close as possible to the likely 
antenna site.74 Similarly DirecTV and Dish Network argue in response to the STELA NPRM that the 
current cluster measurement is needlessly involved.75 As an alternative, they state that the locations 
should be in an area encompassed by a square, circle, or semicircle, as possible, with 3 meter separation 
and with one measurement in the center representing the nominal television receive location.76 No other 
parties commented on this issue.  We clarify that the existing rule provides that measurements should be 
made in the form of a square “if possible,” but does not require that the square pattern be used.  Testers 
have always had the flexibility to adjust the measurement locations in order to conduct them in a safe and 
  
69 See STELA FNPRM at para. 38.
70 Broadcaster comments to the STELA FNPRM at 13.
71 See rule 73.686(e)(ii) in Appendix A, infra.
72 See 47 C.F.R. § 73.686(d)(1)(ii).
73 EchoStar comments to the SHVERA NPRM at 13.  
74 Id. at 14.  
75 DirecTV and Dish Network comments to the STELA FNPRM at 22.
76 Id.
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economically feasible manner while still obtaining the most accurate measurements possible.  Thus, we 
do not believe any additional clarification or change on this issue is necessary. We also adopt our 
proposal that measurements of DTV signals be taken by elevating the antenna to 6.1 meters (20 feet) 
above the ground for one story buildings and to 9.1 meters (30 feet) above the ground for structures taller 
than one story.  Again, this procedure is identical to the current rules for analog TV signal measurements 
and is consistent with the DTV planning factors.77 EchoStar, arguing that this height requirement may 
lead to lengthy tests as the antenna has to be raised, lowered and reset repeatedly, asks that the 
Commission allow measurements to be made at a lower height and then corrected to reflect the signal 
strength at 20 or 30 feet.  It suggests that such a change may increase the pool of qualified testers who 
have the necessary equipment to conduct signal strength tests.78 In opposition, the Broadcasters assert 
that the rationale underlying the Commission’s height rules--to simulate the roof-top antenna mount of a 
20 foot one-story house, or a 30 foot tall two-story house--applies equally to digital and analog signals.79  
We agree with the Broadcasters.  This rule was devised as a way to account for most households in the 
country while maintaining an easy-to-administer standard, and we are not persuaded that we should 
modify it now.80 Further, no evidence was presented showing that a reduction in the required antenna 
height requirement would significantly increase the pool of available testers.  
26. In their comments in response to the STELA FNPRM, DirecTV and Dish Network also 
argue that antenna height is irrelevant to signal strength measurements since the signal level versus height 
is linear with distance in dB above the ground level according to COST231.81 The Broadcasters disagree, 
arguing that results obtained from the COST231 model are not relevant to the broadcasting environment 
as that model was developed for the land mobile, cellular and satellite industries which have different 
frequency bands, use cases, signal characteristics, and usage statistics.82 We reject the satellite carriers’ 
arguments.  For the reasons cited by the Broadcasters, we do not believe that we can rely on the COST 
231 model to provide insight regarding how TV signals may vary with antenna height indoors.  The 
COST231 model was developed to predict propagation for land mobile systems operating between 500 
MHz and 2000 MHz.83 The broadcasting propagation environment differs greatly from the land mobile 
propagation environment.  DirecTV and Dish Network did not provide any information showing that 
results from the COST231 model are relevant to modeling broadcast transmissions.  Therefore, as our 
existing rule has worked well in the past for analog TV measurements and is consistent with the DTV 
planning factors, we find that it is also appropriate for DTV measurement and will adopt it as proposed.
27. For the actual measurement of signal strengths, the Commission proposed that the tests 
measure the integrated average power over the signal’s entire 6 megahertz bandwidth, and that the 
intermediate frequency (i.f.) bandwidth of the measuring instrumentation be no greater than 
6 megahertz.84 This proposal would conform the measurement method to the format of the DTV signal.  
  
77 See 47 C.F.R. 73.686(d)(3)(iii) and OET Bulletin 69.
78 EchoStar comments to the SHVERA NPRM, Engineering Analysis and Statement at 17.
79 Joint Comments were filed by the National Association of Broadcasters, the ABC Television Affiliates 
Association, CBS Television Network Affiliates Association, NBC Television Affiliates, and the Association for 
Maximum Service Television (Broadcasters).  See Broadcasters comments to the SHVERA NPRM at 4.
80 See SHVA Report and Order at para. 58.
81 EchoStar comments to the STELA FNPRM at 24 and at Engineering Analysis and Statement at 6.
82 Broadcasters reply comments to the STELA FNPRM at engineering statement at 6.
83 European Co-operation in the field of Scientific and Technical research (COST) Action 231 developed the COST 
231 propagation model for estimating urban transmission loss in the 900 MHz and 1800 MHz bands.  See, e.g., K. 
Loew, “Comparison of urban propagation models with CW measurements,” in Proc. Veh. Technol. Conf., Denver, 
CO, 1992, pp. 936–942.
84 See SHVERA NPRM at. para. 10.
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Because the DTV signal format is different from the analog TV signal format, this part of the new rules 
would be different from the current analog signal measurement procedure.  Commenters unanimously 
agreed with our proposal to measure total integrated power over the 6 megahertz bandwidth.  However, 
the Broadcasters seek more specificity regarding the restriction of the i.f. bandwidth.  They state that a 
large i.f. bandwidth, such as 6 megahertz, could produce inaccurate results due to “spillage” into the 
desired channel from an adjacent channel and recommend that the Commission require an i.f. bandwidth 
of less than 100 kHz.85 EchoStar favors flexibility in this portion of the rules to prevent a reduction of the 
pool of qualified testers with necessary equipment.86 We recognize the Broadcasters’ concern that a tester 
using an i.f. bandwidth of 6 megahertz could pick up additional energy in adjacent channels. However, we 
do not believe this is a significant concern as most measurements could not be taken using a 6 megahertz 
i.f. bandwidth because such a setting is not available on most measurement instruments.  While we 
believe most instruments are capable of i.f. bandwidth settings of 100 kHz or less, some may not have this 
capability, which could potentially reduce the number of parties that have the equipment needed to 
perform these measurements.  Further, measurement instruments with an i.f. bandwidth greater than 
100 kHz can yield accurate results if used properly.  No matter what rules we may adopt, digital signal 
strength measurements require a degree of technical competence and sound engineering judgment.  
Accordingly, to provide flexibility while still ensuring testing accuracy, the rules we are adopting 
recommend that the measurement instrumentation use an intermediate frequency i.f. bandwidth of 
100 kilohertz unless the instrumentation is specifically designed to use an alternative i.f. bandwidth.  
Additionally, the rules continue to require testers to use good engineering practice, including proper 
choice and use of instrumentation to ensure accurate results.  
28. We also adopt our remaining proposals regarding measurement procedure: to use a 
shielded transmission line; to match the antenna impedance to the transmission line at all frequencies 
measured; to employ a suitable balun87 when an unbalanced line is used; to measure transmission line loss 
for each frequency; to use a horizontally polarized antenna; and to orient the testing antenna so that its 
maximum gain (over an isotropic antenna) faces the strongest signal coming from the transmitter being 
tested.88  All of these procedures are identical to those currently used for analog TV measurement.  No 
parties commented on these proposals.  We continue to believe that these procedures are appropriate for 
measurement for digital television signals and thus, we adopt them as proposed.  
29. Measurement Antenna. We are adopting rules to provide testers flexibility to choose 
either a half-wave dipole or a gain antenna when conducting DTV measurements.  In the SHVERA 
NPRM, the Commission proposed to allow use of either type of antenna for testing the signal strength of 
DTV signals.89 In making this proposal, the Commission recognized that both of these types of antennas 
are permitted for analog TV signal measurements.90 Under this regime, the on-site tester will have 
flexibility to determine the best antenna to employ when conducting field strength measurements.
  
85 Broadcasters comments to the SHVERA NPRM, engineering statement at 8.
86 EchoStar comments to the SHVERA NPRM at 17.
87 A balun is a device that joins a balanced line to an unbalanced line. It serves to isolate a transmission line and 
provides a connection between the joined lines in order to achieve compatibility between the balanced and 
unbalanced lines
88 See SHVERA NPRM at ¶ 12.
89 Id. at ¶ 8.
90 See 47 C.F.R. § 73.686(d)(1)(i).
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30. The Broadcasters argue that only a calibrated gain antenna should be used in testing for 
digital TV signal strength.91 They argue that in contrast to a dipole antenna, a gain antenna offers 
discrimination against unwanted signals (such as multipath or interference from other television signals)92
and generally delivers a stronger signal to the measuring equipment, and therefore permits use of a wider 
variety of measurement equipment than would a dipole antenna.93 The Broadcasters also assert that 
because dipole antenna length must be adjusted for each different channel being measured,94 it would be 
simpler to use a gain antenna which does not need such adjustments.95 In contrast, EchoStar supports the 
use of both dipole and gain antennas for measuring DTV signal strength.  Notwithstanding the 
Broadcasters’ arguments, EchoStar, supported by the engineering firm of Hammett & Edison (H&E), 
comments that a dipole antenna is adequate for measuring DTV signal strength.96 H&E states that it has 
conducted numerous DTV field strength surveys using both dipole and gain antennas with equal success 
when measuring UHF channels.97 In its reply comments, EchoStar adds that the need for adjustments to 
dipoles for different channels can be eliminated by using broadband dipoles that can cover a large 
frequency range without the need for retuning or other adjustments.98 Also arguing against the required 
use of a calibrated gain antenna, the engineering firm of Cohen, Dippell and Everist, P.C. (CDE) points 
out that the half-wave dipole has been a standard reference antenna for field measurements in the VHF 
and UHF bands in accordance with the Commission’s rules since the inception of television.99  
31. We reject the Broadcasters’ arguments against use of dipole antennas.  Half-wave dipole 
antennas and gain antennas each have various advantages and disadvantages.  For accuracy, half-wave 
dipole antennas generally must be retuned for each frequency when making measurements.  However, 
half-wave dipole antennas can be calibrated easily and reliably.  Gain antennas do not require retuning 
and can boost the signal in the direction they are pointed while reducing interfering signals from other 
directions.  On the other hand, gain antennas can be a little more difficult to calibrate precisely and 
maintain in calibration.  We continue to believe that both half-wave dipole and gain antennas will provide 
reliable, accurate test results, so long as the tester is diligent and takes care to ensure that good 
engineering practice is followed, as required by our rules.  Both types of antennas are permitted for 
testing analog signals and we will similarly permit both for measuring digital signals.  Thus, each tester, 
based on experience, availability of equipment, and local conditions, will be permitted to decide which 
antenna would be best for measuring digital TV signals.
32. Weather. We adopt our proposal to prohibit digital television signal strength 
measurements being made during inclement weather.100 Inclement weather can generally be defined as 
  
91 Broadcasters comments to the SHVERA NPRM at 2; see also Broadcasters comments to the STELA FNPRM,
engineering statement at 8.
92 Broadcasters comments to the SHVERA NPRM, engineering statement at 3. 
93 Id. at 2.
94 Because measurements must be taken at multiple locations for each TV station being measured, Broadcasters state 
that a tester using a dipole antenna has the choice of adjusting the dipole for each station at each location before 
moving to the next, or measuring at each location, adjusting the dipole, and then moving through each location again 
until all measurements have been taken. 
95 Broadcasters comments to the SHVERA NPRM, engineering statement at 5.  Use of a tunable dipole antenna 
requires precise adjustment of the length of the antenna elements for each channel measured at the testing location.
96 EchoStar comments to the SHVERA NPRM at 4.
97 EchoStar reply comments to the SHVERA NPRM, engineering statement at 2.
98 EchoStar reply comments to the SHVERA NPRM at 8.
99 Cohen, Dippell and Everist, P.C. (“CDE”) reply comments to the SHVERA NPRM at 2-3.
100 See SHVERA NPRM at 14.
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unfavorable atmospheric conditions such as, but not limited to heavy rainfall, snowfall accumulation, high 
windspeed, or any combination thereof.  As the Commission noted in making this proposal, while in 
general weather conditions do not have an appreciable effect on the reception of broadcast television 
signals, heavy precipitation and the movement of major weather fronts through the measurement area 
could impact the signal strength measurements.101 No commenter objected to this proposal and we adopt 
it as proposed.  
33. Data Recording.  We adopt our proposal to apply the same recording requirements for 
DTV signal strength measurements as are used for analog measurements.102 In general, the existing rules 
require that the recorded data contain a list of calibrated equipment along with a description of the 
calibration, a description of the environment, such as topography, vegetation, buildings, etc., as well as 
the location and value of the actual measurements.  There were no objections to this proposal and we 
adopt the rules in this regard as proposed.
34. Other Matters.  EchoStar observes that the Commission’s rules define the digital 
television service area as the noise-limited contour based on criteria that the specified signal level is 
predicted to be exceeded at 50% of the locations, 90% of the time (using F(50,90) curves and the 
Longley-Rice terrain prediction model). EchoStar proposes that the time variability factor be adjusted 
from 90% to 50% (i.e. to the F(50, 50) level) for comparison to a median measured value.103 Similarly, 
DirecTV and Dish Network state that the Commission should either develop a conversion factor or use a 
standard method such as Rayleigh, which describes an increase in necessary power from the mean to 99% 
of 20dB.104 The comments do not state how this conversion would be used, but we presume it would be 
intended as a correction factor to reduce the measured signal strength value.  We note that we rejected this 
same request in the SHVERA Report105 and that EchoStar has not provided any new information regarding 
this issue.  Accordingly, we will not make any adjustments to the signal strength standard.106  
35. Finally, in the SHVERA NPRM, we asked if there are steps the Commission can take in 
this proceeding that will facilitate or enhance tester competence and availability.  We did not receive any 
suggestions on this issue.  As noted above, we have provided flexibility for the conduct of DTV 
measurement tests, such as the rules requiring good engineering practice, which provides for testers to use 
antennas and measurement instrumentation with which they are familiar to endure accurate results.  We 
believe that by bestowing this flexibility to testers, we will maximize the number of qualified testers 
available.107  
III. PROCEDURAL MATTERS
36. Final Regulatory Flexibility Analysis.  As required by the Regulatory Flexibility Act, see
5 U.S.C. § 603, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) of the 
possible economic impact on small entities of the policies and rules addressed in this Report and Order.  
The FRFA is set forth in Appendix B.
  
101 Id.
102 Id. at 15.
103 EchoStar comments to the SHVERA NPRM, engineering statement at 2.
104 DirecTV and Dish Network comments to STELA FNRPM at Engineering Analysis and Statement at 7.
105 See SHVERA Report, supra n. 1, at ¶ 128.
106 The companion STELA Report and Order similarly rejects changing from using F(50, 90) values for digital 
television. See STELA ILLR Report and Order at para. 41.
107 See paras. 9, 13, and 20, supra.  See also, para. 27, supra. which minimizes burdens on testers by providing 
flexibility through use of best engineering practices.
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37. Final Paperwork Reduction Act of 1995 Analysis.  This document contains new or 
modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13.  It will be submitted to the Office of Management and Budget (OMB) for review 
under Section 3507(d) of the PRA.  OMB, the general public, and other Federal agencies are invited to 
comment on the new or modified information collection requirements contained in this proceeding.  In 
addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c )(4), we previously sought specific comment on how the Commission might 
“further reduce the information collection burden for small business concerns with fewer than 25 
employees.”  In this present document, we have assessed the effects of our requirement that testers adhere 
to the data recording requirements of Section 73.686(e)(3) and described in paragraph 16, supra, and find 
that these requirements will not impose burdens to businesses with fewer than 25 employees as we are 
adopting the identical data recording requirements that have been used for analog TV measurements for 
many years.
IV. ORDERING CLAUSES
38. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 303 and 339 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 303 and 339, and Section 204 of 
the Satellite Home Viewer Extension and Reauthorization Act of 2004, codified at 47 U.S.C. § 
339(a)(2)(D)(vi), that this Report and Order is HEREBY ADOPTED and that Section 73.686 of the 
Commissions rules, 47 C.F.R. § 73.686, IS AMENDED as set forth in Appendix A of this Report and 
Order.  The rules adopted in this Report and Order contain information collection requirements subject to 
the Paperwork Reduction Act of 1995, Public Law 104-13, that are not effective until approved by the 
Office of Management and Budget.  The Federal Communications Commission will publish a document 
in the Federal Register announcing OMB approval and the effective date of the rules adopted herein.
39. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental 
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including 
the Final Regulatory Flexibility Analysis, to the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
FEDERAL COMMUNICATIONS COMMISSION
Marlene H.  Dortch
Secretary
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APPENDIX A
Final Rules
PART 73  - RADIO BROADCAST SERVICES
1.  The authority citation for Part 73 continues to read as follows:
 AUTHORITY:  47 U.S.C. 154, 303, 334 and 336, unless otherwise noted.
2. Section 73.686 is amended by revising the first sentence of paragraph (d) and by adding a new 
paragraph (e) to read as follows:
§ 73.686 Field strength measurements.   
* * * * *
(d) NTSC - Collection of field strength data to determine NTSC television signal intensity at an 
individual location--cluster measurements—
* * *
(e) DTV - Collection of field strength data to determine digital television signal intensity at an 
individual location--cluster measurements—(1) Preparation for measurements-- (i) Testing antenna. 
The test antenna shall be either a standard half-wave dipole tuned to the center frequency of the 
channel being tested or a gain antenna provided its antenna factor for the channel(s) under test has 
been determined.  Use the antenna factor supplied by the antenna manufacturer as determined on an 
antenna range. 
(ii) Testing locations - At the test site, choose a minimum of five locations as close as possible to the 
specific site where the site's receiving antenna is located.  If there is no receiving antenna at the site, 
choose a minimum of five locations as close as possible to a reasonable and likely spot for the 
antenna.  The locations shall be at least three meters apart, enough so that the testing is practical.  If 
possible, the first testing point should be chosen as the center point of a square whose corners are the 
four other locations. Calculate the median of the five measurements (in units of dBµ) and report it as 
the measurement.
(iii) Multiple signals - (A) If more than one signal is being measured (i.e., signals from different 
transmitters), use the same locations to measure each signal.  
(B)  For establishing eligibility of a satellite subscriber to receive distant network signals, only 
stations affiliated with the network in question that are located in the same Nielsen Designated 
Market Area (DMA) as the test site may be considered and tested.
(2) Measurement procedure. Measurements shall be made in accordance with good engineering 
practice and in accordance with this section of this chapter.  At each measuring location, the 
following procedure shall be employed:
(i) Testing equipment. Perform an on-site calibration of the test instrument in accordance with the 
manufacturer's specifications.  Tune a calibrated instrument to the center of the channel being tested.  
Measure the integrated average power over the full 6 megahertz bandwidth of the television signal.  
The intermediate frequency of the instrument should be set to 100 kilohertz unless the instrument is 
specifically designed by the manufacturer to use an alternative i.f. setting. The instrument must be 
capable of integrating over the selected i.f. for the 6 megahertz channel bandwidth.  Take all 
measurements with a horizontally polarized antenna. Use a shielded transmission line between the 
testing antenna and the field strength meter.  Match the antenna impedance to the transmission line at 
Federal Communications Commission FCC 10-195
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all frequencies measured, and, if using an un-balanced line, employ a suitable balun.  Take account of 
the transmission line loss for each frequency being measured.  
(ii) Weather. Do not take measurements during periods of inclement weather, including, but not 
limited to, periods of heavy rainfall, snowfall accumulation, high windspeed, or any combination 
thereof. 
(iii) Antenna elevation. When field strength is being measured for a one-story building, elevate the 
testing antenna to 6.1 meters (20 feet) above the ground.  In situations where the field strength is 
being measured for a building taller than one-story, elevate the testing antenna 9.1 meters (30 feet) 
above the ground.
(iv) Antenna orientation.  Orient the testing antenna in the direction which maximizes the value of 
field strength for the signal being measured.  If more than one station's signal is being measured, 
orient the testing antenna separately for each station.
(3) Written record shall be made and shall include at least the following:
(i) A list of calibrated equipment used in the field strength survey, which for each instrument specifies 
the manufacturer, type,  serial number and rated accuracy, and the date of the most recent  calibration 
by the manufacturer or by a laboratory. Include complete details of any instrument not of standard 
manufacture.
(ii) A detailed description of the calibration of the measuring equipment, including field strength 
meters, measuring antenna, and connecting cable.
(iii) For each spot at the measuring site, all factors which may affect the recorded field, such as 
topography, height and types of  vegetation, buildings, obstacles, weather, and other local features.
(iv) A description of where the cluster measurements were made.
(v) Time and date of the measurements and signature of the person making the measurements.
(vi) For each channel being measured, a list of the measured value of field strength (in units of dBµ
after adjustment for line loss and antenna factor) of the five readings made during the cluster 
measurement process, with the median value highlighted.
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APPENDIX B
Final Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”)1 an Initial 
Regulatory Flexibility Analysis (“IRFA”) was incorporated in the Notice of Proposed Rulemaking
(“NPRM”) to this proceeding.2 The Commission sought written public comment on the proposals in the 
NPRM, including comment on the IRFA.  The Commission received no comments on the IRFA.  This 
present Final Regulatory Flexibility Analysis (“FRFA”) conforms to the RFA.3
A.  Need for and Objectives of the Report and Order. This Report and Order (“R&O”) adopts 
rules to implement procedures for determining the strength of a digital broadcast television (DTV) signal 
at any specific location.  These rules implement our recommendations for DTV measurement procedures 
presented in the Commission’s Report to Congress (SHVERA Report) pursuant to Section 204(b) of the 
Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA).4 The rules provide 
procedures to determine whether households are eligible to receive distant DTV network signals 
retransmitted by satellite communications providers.  In December 2004, Congress enacted the Satellite 
Home Viewer Extension and Reauthorization Act of 2004,5 pursuant to which, the Commission 
conducted an Inquiry6 (SHVERA Inquiry) and on December 9, 2005, released the SHVERA Report.  In 
relevant part, the SHVERA Report stated that the Commission intended to conduct a rulemaking 
proceeding to specify procedures for measuring the field strength of digital television signals at individual 
locations.7 The Report also stated that the digital television measurement procedures should be similar to 
the current procedures for measuring the field strength of analog television stations in Section 73.686(d) 
of the rules, but with certain modifications to address the differences between analog and digital TV 
signals.8
Wherever possible, the adopted digital signal strength measurement procedures rely on the 
existing, proven methods the Commission has established for measuring analog television signal strength 
at any individual location.9 We also note that the SHVERA statute provided that testing of digital signal 
strength for this purpose could have begun as early as April 30, 2006.10  
  
1 See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. § 601 et. seq., has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996).  The SBREFA 
was enacted as Title II of the Contract With America Advancement Act of 1996 (“CWAAA”). 
2 Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004, 20 FCC Rcd 2983, 
Appendix C (2005) (“NPRM”).
3 See 5 U.S.C. § 604.
4 See SHVERA Report, supra n.1. 
5 See id.
6 See In the Matter Of Technical Standards For Determining Eligibility For Satellite-Delivered Network Signals 
Pursuant To The Satellite Home Viewer Extension and Reauthorization Act, ET Docket No. 05-182, Notice of 
Inquiry, 20 FCC Rcd. 9349 (2005). (SHVERA Inquiry)
7 See SHVERA Report, supra note 4..
8 Id.
9 See generally, 47 C.F.R. § 73.686(d).
10 47 U.S.C. § 339(a)(2)(D)(vii) provides trigger dates for testing. Generally, subscribers in the top 100 television 
markets will be able to request a digital signal strength test after April 30, 2006 and subscribers in other markets will 
(continued….)
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B.  Summary of Significant Issues Raised by Public Comments in Response to the IRFA.  There 
were no comments filed that specifically addressed the rules and policies proposed in the IRFA.
C.  Description and Estimates of the Number of Small Entities to Which the Rules Adopted in 
this Notice may apply.  The RFA directs agencies to provide a description of and, where feasible, an 
estimate of the number of small entities that will be affected by the proposed rules.11 The RFA generally 
defines the term “small entity” as having the same meaning as the terms “small business,” “small 
organization,” and “small governmental jurisdiction.”12 In addition, the term “small business” has the 
same meaning as the term “small business concern” under the Small Business Act.13 A small business 
concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the Small Business Administration 
(SBA).14
The rules adopted in this Report and Order modify previous proposals to measure the strength of 
digital television signals at any particular location, as a means of determining whether any particular 
household is “unserved” by a local DTV network station and is therefore eligible to receive a distant DTV 
network signal retransmitted by a Direct Broadcast Satellite (DBS) service provider.  Therefore, DBS 
providers will be directly and primarily affected by the proposed rules, if adopted.  In addition, rules 
adopted will also directly affect those local digital television stations that broadcast network 
programming. Therefore, in this FRFA, we consider, and invite comment on, the impact of the proposed 
rules on small digital television broadcast stations, small DBS providers, and other small entities.  A 
description of such small entities, as well as an estimate of the number of such small entities, is provided 
below.
(Continued from previous page)    
be able to request a test after July 15, 2007. Only network stations that have received a tentative digital channel 
designation that is the same as such stations’ current digital channel, or that have lost interference protection, are 
subject to the April 30, 2006 commencement date for signal strength testing.  Network stations in the top 100 
markets without tentative channel designations on their DTV channels, as well as all network stations not in the top 
100 markets, will be subject to signal strength testing beginning July 15, 2007, unless the Commission grants the 
station a waiver.  47 U.S.C. § 339(a)(2)(D)(vii)(I)(aa)(bb).
Waiver requests by stations subject to the testing commencement date of April 30, 2006 were required to be 
submitted by November 30 2005.  To be grantable, waiver requests must provide “clear and convincing evidence 
that the station's digital signal coverage is limited due to the unremediable presence of one or more of the following: 
1) the need for international coordination or approvals; 2) clear zoning or environmental legal impediments; 3) force 
majeure; 4) the station experiences a substantial decrease in its digital signal coverage area due to the necessity of 
using a side-mounted antenna; 5) substantial technical problems that result in a station experiencing a substantial 
decrease in its coverage area solely due to actions to avoid interference with emergency response providers; or 6) no 
satellite carrier is providing the retransmission of the analog signals of local network stations under section  338 in 
the local market.”  The Act further provides that “under no circumstances may such a waiver be based upon 
financial exigency.”  Waiver requests by stations subject to the testing commencement date of July 15, 2007 had to 
be submitted to the Commission no later than February 15, 2007.  See Public Notice DA No. 05-2979 (rel. Nov. 17, 
2005).  See generally, 47 U.S.C. § 339(a)(2)(D)(vii)-(viii).
11 5 U.S.C. §§ 603(b) (3), 604(a) (3).
12 Id., § 601(6).
13 5 U.S.C. § 601(3) (incorporating by reference the definition of “small business concern” in the Small Business 
Act, 15 U.S.C. § 632).  Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an 
agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity 
for public comment, establishes one or more definitions of such terms which are appropriate to the activities of the 
agency and publishes such definitions(s) in the Federal Register.”
14 15 U.S.C. § 632.
Federal Communications Commission FCC 10-195
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Nationwide, there are a total of approximately 29.6 million small businesses, according to the 
SBA.15 A “small organization” is generally “any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.”16 Nationwide, as of 2002, there were approximately 1.6 
million small organizations.17 The term “small governmental jurisdiction” is defined generally as 
“governments of cities, towns, townships, villages, school districts, or special districts, with a population 
of less than fifty thousand.”18 Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States.19 We estimate that, of this total, 84,377 entities were 
“small governmental jurisdictions.”20 Thus, we estimate that most governmental jurisdictions are small.
Cable Television Distribution Services.  The “Cable and Other Program Distribution” census 
category includes cable systems operators, closed circuit television services, direct broadcast satellite 
services, multipoint distribution systems, satellite master antenna systems, and subscription television 
services. Since 2007, these services have been defined within the broad economic census category of 
Wired Telecommunications Carriers; that category is defined as follows: “This industry comprises 
establishments primarily engaged in operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks. Transmission facilities may be based on a single technology or a 
combination of technologies. Establishments in this industry use the wired telecommunications network 
facilities that they operate to provide a variety of services, such as wired telephony services, including 
VoIP services; wired (cable) audio and video programming distribution; and wired broadband Internet 
services. By exception, establishments providing satellite television distribution services using facilities 
and infrastructure that they operate are included in this industry.” The SBA has developed a small 
business size standard for this category, which is: All such firms having 1,500 or fewer employees. To 
gauge small business prevalence for these cable services the Commission must, however, use current 
census data that are based on the previous category of Cable and Other Program Distribution and its 
associated size standard; that size standard was: All such firms having $13.5 million or less in annual 
receipts. According to Census Bureau data for 2002, there were a total of 1,191 firms in this previous 
category that operated for the entire year. Of this total, 1,087 firms had annual receipts of under $10 
million, and 43 firms had receipts of $10 million or more but less than $25 million. Thus, the majority of 
these firms can be considered small.
Direct Broadcast Satellite (DBS) Service.  DBS service is a nationally distributed subscription 
service that delivers video and audio programming via satellite to a small parabolic “dish” antenna at the 
subscriber's location. Because DBS provides subscription services, DBS falls within the SBA-recognized 
definition of Wired Telecommunications Carriers. However, as discussed above, the Commission relies 
on the previous size standard, Cable and Other Subscription Programming, which provides that a small 
entity is one with $13.5 million or less in annual receipts. Currently, only two operators—DirecTV and 
EchoStar Communications Corporation (EchoStar)—hold licenses to provide DBS service, which 
requires a great investment of capital for operation. Both currently offer subscription services and report 
  
15  See SBA, Office of Advocacy, “Frequently Asked Questions,” 
http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (revised Sept. 2009).
16  5 U.S.C. § 601(4).
17 Independent Sector, The New Nonprofit Almanac & Desk Reference (2002). 
18 5 U.S.C. § 601(5). 
19 U.S. Census Bureau, Statistical Abstract of the United States: 2006, Section 8, page 272, Table 415. 
20 We assume that the villages, school districts, and special districts are small, and total 48,558.  See U.S. 
Census Bureau, Statistical Abstract of the United States:  2006, section 8, page 273, Table 417.  For 2002, 
Census Bureau data indicate that the total number of county, municipal, and township governments 
nationwide was 38,967, of which 35,819 were small.  Id.
Federal Communications Commission FCC 10-195
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annual revenues that are in excess of the threshold for a small business. Because DBS service requires 
significant capital, the Commission believes it is unlikely that a small entity as defined by the SBA would 
have the financial wherewithal to become a DBS licensee. Nevertheless, given the absence of specific 
data on this point, the Commission acknowledges the possibility that there are entrants in this field that 
may not yet have generated $13.5 million in annual receipts, and therefore may be categorized as a small 
business, if independently owned and operated.
Television Broadcasting. The rules and policies apply to television broadcast licensees and 
potential licensees of television service.  The SBA defines a television broadcast station as a small 
business if such station has no more than $14 million in annual receipts.21 Business concerns included in 
this industry are those “primarily engaged in broadcasting images together with sound.”22 The 
Commission has estimated the number of licensed commercial television stations to be 1,392.23  
According to Commission staff review of the BIA/Kelsey, MAPro Television Database (“BIA”) as of 
April 7, 2010, about 1,015 of an estimated 1,380 commercial television stations24 (or about 74 percent) 
have revenues of $14 million or less and thus qualify as small entities under the SBA definition.  The 
Commission has estimated the number of licensed non-commercial educational (NCE) television stations 
to be 390.25 We note, however, that, in assessing whether a business concern qualifies as small under the 
above definition, business (control) affiliations26 must be included.  Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our action, because the revenue figure on 
which it is based does not include or aggregate revenues from affiliated companies.  The Commission 
does not compile and otherwise does not have access to information on the revenue of NCE stations that 
would permit it to determine how many such stations would qualify as small entities.
In addition, an element of the definition of “small business” is that the entity not be dominant in 
its field of operation.  We are unable at this time to define or quantify the criteria that would establish 
whether a specific television station is dominant in its field of operation.  Accordingly, the estimates of 
small businesses to which rules may apply do not exclude any television station from the definition of a 
small business on this basis and are therefore over-inclusive to that extent.  Also as noted, an additional 
element of the definition of “small business” is that the entity must be independently owned and operated.  
We note that it is difficult at times to assess these criteria in the context of media entities and our 
estimates of small businesses to which they apply may be over-inclusive to this extent.
  
21 See 13 C.F.R. § 121.201, NAICS Code 515120. 
22 Id.  This category description continues, “These establishments operate television broadcasting studios and 
facilities for the programming and transmission of programs to the public.  These establishments also produce or 
transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the 
public on a predetermined schedule.  Programming may originate in their own studios, from an affiliated network, or 
from external sources.”  Separate census categories pertain to businesses primarily engaged in producing 
programming.  See Motion Picture and Video Production, NAICS code 512110; Motion Picture and Video 
Distribution, NAICS Code 512120; Teleproduction and Other Post-Production Services, NAICS Code 512191; and 
Other Motion Picture and Video Industries, NAICS Code 512199.
23 See News Release, “Broadcast Station Totals as of December 31, 2009,” 2010 WL 676084 (F.C.C.)(dated Feb. 
26, 2010) (“Broadcast Station Totals”); also available at http://www.fcc.gov/mb/. 
24 We recognize that this total differs slightly from that contained in Broadcast Station Totals, supra note 446; 
however, we are using BIA’s estimate for purposes of this revenue comparison.  
25 See Broadcast Station Totals, supra note 239.
26 “[Business concerns] are affiliates of each other when one concern controls or has the power to control the other 
or a third party or parties controls or has the power to control both.”  13 C.F.R. § 121.103(a)(1).
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Class A TV, LPTV, and TV translator stations. The rules and policies adopted in this Report 
and Order include licensees of Class A TV stations, low power television (LPTV) stations, and TV 
translator stations, as well as potential licensees in these television services.  The same SBA definition 
that applies to television broadcast licensees would apply to these stations.  The SBA defines a television 
broadcast station as a small business if such station has no more than $14 million in annual receipts.27  
Currently, there are approximately 537 licensed Class A stations, 2,386 licensed LPTV stations, and 
4,359 licensed TV translators.28 Given the nature of these services, we will presume that all of these 
licensees qualify as small entities under the SBA definition.  We note, however, that under the SBA’s 
definition, revenue of affiliates that are not LPTV stations should be aggregated with the LPTV station 
revenues in determining whether a concern is small.  Our estimate may thus overstate the number of small 
entities since the revenue figure on which it is based does not include or aggregate revenues from non-
LPTV affiliated companies.  We do not have data on revenues of TV translator or TV booster stations, but 
virtually all of these entities are also likely to have revenues of less than $14 million and thus may be 
categorized as small, except to the extent that revenues of affiliated non-translator or booster entities 
should be considered.
D.  Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. The 
rules in this Report & Order establish procedures for measuring digital television signal strength at any 
specific location.  These measurement procedures will be used as a means of determining whether 
households are eligible to receive distant DTV network signals retransmitted by DBS providers. These 
procedures are similar to the ones used for measuring analog television signal strength for like purposes, with 
only those revisions necessary to account for the difference between digital and analog signals.  Section 
339(a)(2)(D)(vi) of the Communications Act (47 U.S.C. § 339(a)(2)(D)(vi)) delineates when measurements 
are necessary and when the satellite communications provider, the digital television broadcast station, or the 
consumer is responsible for bearing their cost.  No reporting requirement is proposed.  We sought but did not 
receive comment on the types of burdens direct broadcast satellite service providers and digital television 
broadcast stations may face in complying with the proposed requirements. Entities, especially small 
businesses and, more generally, small entities are encouraged to quantify the costs and benefits of the 
proposed reporting requirements.
E.  Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant 
Alternatives Considered.  The RFA requires an agency to describe any significant alternatives that it has 
considered in reaching its proposed approach, which may include the following four alternatives:  (1) the 
establishment of differing compliance or reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use of performance, rather than design 
standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.29
Since the adoption of analog television signal strength procedures in 1999, the number of analog 
TV signal strength measurements taken in order to determine household eligibility to receive distant 
analog TV network signals has been infrequent.  For example, DIRECTV, in comments filed in ET 
Docket No. 05-182, Notice of Inquiry on Technical Standards for Determining Eligibility for Satellite-
Delivered Network Signals Pursuant to the Satellite Home Viewer Extension and Reauthorization Act, 20 
FCC Rcd 9349 (2005), stated that in the last five years only 1400 DIRECTV subscribers received onsite 
tests to determine eligibility to receive distant network television signals.  In that proceeding, both 
DIRECTV and EchoStar indicated that they generally declined to perform or arrange for a test and instead 
refused to offer distant signals when subscribers were predicted to be “served” and the relevant network 
stations refused to grant a waiver.  
  
27 See 13 C.F.R. § 121.201, NAICS Code 515120. 
28 See Broadcast Station Totals, supra note 239.
29 See 5 U.S.C. § 603(c). 
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As TV stations transition from analog transmissions to DTV, we anticipate that the combined 
number of analog and digital measurements will not increase substantially.  This is because, as part of the 
DTV transition, television stations will be ceasing the transmission of analog signals and households 
seeking to receive retransmitted DTV network signals will not be seeking to receive analog signals.  In 
other words, digital measurements will replace analog measurements.  Also, as direct broadcast stations 
increasingly offer local-to-local service to households pursuant to SHVERA, those households will not be 
eligible to receive retransmitted distant signals and therefore DTV signal strength measurements for this 
purpose will not be necessary.
Finally, the Report & Order will allow measurements to be taken using either a standard half-
wave dipole antenna or a gain antenna with a known antenna factor for the channel(s) that are to be tested  
For digital measurements, this approach would allow the tester flexibility in performing the test while still 
providing for accurate results. The Report & Order does not require the use of a gain antenna only.  
Commenters provided information regarding differences in ease of use of gain antennas as compared to 
the use of half-wave dipole antennas. We received comment on what rules we should propose, if any, that 
would address the apparent lack of qualified, independent testers to perform signal strength tests.  
Commenters indicated that there is no feasible regulatory solution to increasing the number of qualified 
testers available.  No alternative methods that would reduce the cost of performing a test while retaining 
or improving on the accuracy of the proposed method was submitted.
Report to Congress: The Commission will send a copy of the Report and Order, including this 
FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act.30 In addition, the 
Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the SBA.  A copy of the Report and Order and FRFA (or summaries thereof) will also be 
published in the Federal Register
  
30 See 5 U.S.C. § 801(a)(1)(A).
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APPENDIX C
List of Commenters and Reply Commenters to the Notice of Proposed Rule Making
A. Comments
1) Broadcasters (National Association of Broadcasters, ABC Television Affiliates 
Association, CBS Television Network Affiliates Association, and NBC Television 
Affiliates, Association for Maximum Service Television,)
2) Consumer Electronics Association
3) DIRECTV Inc.
4) EchoStar Satellite L.L.C.
B.  Reply Comments 
1) Broadcasters (NAB/ABC, CBS and NBC affiliate Associations/MSTV)
2) Cohen, Dippell and Everist, P.C. 
3) EchoStar Satellite L.L.C.
List of Commenters and Reply Commenters to the Further Notice of Proposed Rule Making
A. Comments
1) Adaptrum Inc.
2) Broadcaster Associations (National Association Of Broadcasters, ABC Television 
Affiliates Association, CBS Television Network Affiliates Association, FBC Television 
Affiliates Association, NBC Television Affiliates, Association for Maximum Service 
Television)
3) DIRECTV, Inc. and DISH Network L.L.C.
B.  Reply Comments 
1) Broadcaster Associations (National Association Of Broadcasters, ABC Television 
Affiliates Association, CBS Television Network Affiliates Association, FBC Television 
Affiliates Association, NBC Television Affiliates, Association for Maximum Service 
Television)
2) DIRECTV, Inc. and DISH Network L.L.C.
3) Named State Broadcast Associations (Alabama Broadcasters Association, Alaska 
Broadcasters Association, Arizona Broadcasters Association, Arkansas Broadcasters 
Association, California Broadcasters Association, Colorado Broadcasters Association, 
Connecticut Broadcasters Association, Florida Association of Broadcasters, Idaho State 
Broadcasters Association, Illinois Broadcasters Association, Indiana Broadcasters 
Association, Iowa Broadcasters Association, Kansas Association of Broadcasters, 
Kentucky Broadcasters Association, Louisiana Association of Broadcasters, Maine 
Association of Broadcasters, MD/DC/DE Broadcasters Association, Massachusetts 
Broadcasters Association, Michigan Association of Broadcasters, Minnesota 
Broadcasters Association, Mississippi Association of Broadcasters, Missouri 
Broadcasters Association, Nebraska Broadcasters Association, Nevada Broadcasters 
Association, New Hampshire Association of Broadcasters, New Jersey Broadcasters 
Association, New Mexico Broadcasters Association, The New York State Broadcasters 
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Association, Inc., North Carolina Association of Broadcasters, North Dakota 
Broadcasters Association, Ohio Association of Broadcasters, Oklahoma Association of 
Broadcasters, Oregon Association of Broadcasters, Pennsylvania Association of 
Broadcasters, Rhode Island Broadcasters Association, South Carolina Broadcasters 
Association, South Dakota Broadcasters Association, Tennessee Association of 
Broadcasters, Texas Association of Broadcasters, Utah Broadcasters Association, 
Vermont Association of Broadcasters, Virginia Association of Broadcasters, 
Washington State Association of Broadcasters, West Virginia Broadcasters Association, 
Wisconsin Broadcasters Association, and Wyoming Association of Broadcasters)