Federal Communications Commission	FCC 23-23


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Implementation of the 
Low Power Protection Act
)
)
)
)
)



MB Docket No. 23-126

NOTICE OF PROPOSED RULEMAKING

Adopted:  March 29, 2023	Released:  March 30, 2023

Comment Date: (30 days after date of publication in the Federal Register)
Reply Comment Date: (60 days after date of publication in the Federal Register)

By the Commission:

TABLE OF CONTENTS
Heading	Paragraph #
I.	INTRODUCTION	1
II.	BACKGROUND	2
A.	Low Power Television Service	2
B.	Class A Television Stations	4
C.	Low Power Protection Act	7
III.	DISCUSSION	9
A.	Application Period	10
B.	Eligibility Requirements	12
1.	Definition of Low Power TV Station	12
2.	Eligibility Criteria	15
3.	Interference Requirements	25
4.	Designated Market Area (DMA)	31
5.	License Standards (Ongoing Eligibility Requirements)	35
C.	Application Process	39
D.	TV Broadcast Incentive Auction, Post-Auction Transition, and Reimbursement	42
E.	Digital Equity and Inclusion.	44
IV.	PROCEDURAL MATTERS	45
V.	ORDERING CLAUSES	51
Appendix A – Proposed Rules
Appendix B – Initial Regulatory Flexibility Act Analysis

I. INTRODUCTION
1. We initiate this proceeding to implement the Low Power Protection Act (LPPA or Act) Low Power Protection Act, Pub. L. 117-344, 136 Stat. 6193 (2023) (LPPA).
, as enacted on January 5, 2023.  The LPPA provides certain low power television (LPTV) stations with a “limited window of opportunity” to apply for primary spectrum use status as Class A television stations. LPPA Sec.2(b).
  This Notice of Proposed Rulemaking seeks comment on how to implement the window consistent with Congressional direction.
II. BACKGROUND
A. Low Power Television Service
2. The Commission created the LPTV service in 1982 to bring television service, including local service, to viewers “otherwise unserved or underserved” by existing full power service providers. Inquiry Into the Future Role of Low Power Television Broadcasting and Television Translators in the National Telecommunications System, Notice of Proposed Rulemaking, 45 FR 69178, para. 1 (Oct. 17, 1980) (LPTV NPRM); Low Power Television Service, 51 RR 2d 476 (1982) (LPTV Order), recon. granted in part, 48 FR 21478 (1983) (LPTV MO&O).  The low power television service consists of LPTV and TV translator stations.  LPTV and TV translator stations differ only in the amount of programming they may originate.  LPTV stations are not limited in the amount of programming they may originate.  TV translators may originate only emergency warnings of imminent danger no longer or more frequent than necessary to protect life and property and, in addition, not more than thirty seconds per hour of public service announcements and material seeking and acknowledging financial support necessary to the continued operation of the station.  See 47 CFR § 74.790 (Permissible service of TV translator and LPTV stations).  
  From its creation, the LPTV service has been a secondary service, meaning LPTV stations may not cause interference to, and must accept interference from, full power television stations as well as certain land mobile radio operations and other primary services. LPTV Order, 51 RR 2d at para. 17. 
  As a result of their secondary status, LPTV stations can also be displaced by full power stations that seek to expand their service area, or by new full power stations seeking to enter the same area as the LPTV station.  
3. Currently, there are approximately 1,912 licensed LPTV stations. See Broadcast Station Totals as of December 31, 2022, Public Notice, DA 23-21 (rel. Jan. 11, 2023), available at https://www.fcc.gov/document/broadcast-station-totals-december-31-2022. 
  These stations operate in all states and territories, and serve both rural and urban audiences. See Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6357-58, para. 2 (2000) (Class A Order), recon. granted in part, 16 FCC Rcd 8244 (2001) (Class A MO&O). 
  LPTV stations were required to complete a transition from analog to digital operation in 2021 and all such stations must now operate in digital format. LPTV stations were required to complete their digital transition as of July 13, 2021.  See Media Bureau Reminds Low Power Television and Television Translator Stations of July 13, 2021, Digital Transition Date, Public Notice, 36 FCC Rcd 4771 (MB 2021).  
  As the name suggests, LPTV stations have lower authorized power levels than full power TV stations. Digital LPTV stations may radiate up to 3 kilowatts of power for stations operating on the VHF band (channels 2 through 13), and 15 kilowatts of power for stations operating on the UHF band (channels 14 through 36).  By comparison, digital full power stations radiate up to 45 kilowatts of power on VHF channels 2 through 6, 160 kilowatts of power on VHF channels 7 through 13, and up to 1,000 kilowatts of power on UHF channels.  See 47 CFR §§ 74.735(a), 73.622(a)(1).  LPTV signals typically extend approximately 20 to 40 miles from a station’s transmission site, while the signals of full power stations can reach as far as 60 to 80 miles.  Class A Order, 15 FCC Rcd at 6357, n.4.    
  Because they operate at reduced power levels, LPTV stations serve a much smaller geographic region than full power stations and can be fit into areas where a higher power station cannot be accommodated in the Table of TV Allotments. Unlike full power stations, LPTV stations are not restricted to operating on a channel specified in a table of allotments.  
  
B. Class A Television Stations
4. In 2000, the Commission established a Class A television service See Class A Order, 15 FCC Rcd 6355 (2000).  
 to implement the Community Broadcasters Protection Act of 1999 (CBPA). Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 - 1501A-598 (1999), codified at 47 U.S.C. § 336(f).
  The CBPA allowed certain qualifying LPTV stations to become Class A stations, which provided those television stations primary status, and thereby a measure of interference protection from full service television stations. See Class A Order, 15 FCC Rcd 6355, para. 1.
  
5. Congress sought in the CBPA to provide certain LPTV stations a limited window of opportunity to apply for primary status.  Among other matters, the CBPA set out certain certification and application procedures for LPTV licensees seeking Class A designation and prescribed the criteria for eligibility for a Class A license.  Specifically, under the CBPA, an LPTV station could qualify for Class A status if, during the 90 days preceding the date of enactment of the statute, the station: (1) broadcast a minimum of 18 hours per day; (2) broadcast an average of at least 3 hours per week of programming produced within the market area served by the station, or the market area served by a group of commonly controlled low-power stations that carry common local programming produced within the market area served by such group; and (3) was in compliance with the Commission’s requirements for LPTV stations. 47 U.S.C. § 336(f)(2)(A)(i).  
  In addition, the CBPA required that, from and after the date of its application for a Class A license, the station must be in compliance with the Commission’s operating rules for full power television stations. 47 U.S.C. § 336(f)(2)(A)(ii).  
  As directed by the CBPA, within 60 days of the date of enactment of the CBPA, stations seeking Class A status were required to submit to the Commission a certification of eligibility based on the applicable qualification requirements. 47 U.S.C. § 336(f)(1)(B).  Licensees intending to seek Class A designation were required to submit a certification of eligibility to the Commission within 60 days after November 29, 1999 (the date the CBPA was enacted).  
  In addition, the Commission required LPTV licensees seeking Class A designation to submit an application to the Commission within 6 months after the effective date of the rules adopted in the Class A proceeding. See Class A Order, 15 FCC Rcd at 6362, paras. 13-14.
  
6. In addition to these qualifying requirements, the CBPA gave the Commission discretion to determine that the public interest, convenience, and necessity would be served by treating a station as a qualifying LPTV station under the CBPA, or that a station should be considered to qualify for such status for other reasons, even if it did not meet the qualifying requirements in the statute discussed above. 47 U.S.C. § 336(f)(2)(B). 
  In implementing the CBPA, the Commission concluded, however, that it would not accept applications under the CBPA from LPTV stations that did not meet the statutory criteria and that did not file a certification of eligibility by the statutory deadline, absent compelling circumstances. See Class A Order, 15 FCC Rcd at 6361, para. 11.

C. Low Power Protection Act
7. Like the CBPA, the LPPA is intended “to provide low power TV stations with a limited window of opportunity” to apply for primary status as a Class A television licensee. LPPA Sec.2(b).
  The Act gives LPTV stations one year to apply for a Class A license, from the date that the Commission’s rules become effective. LPPA Sec.2(c)(2)(A).  That provision states: “The rule with respect to which the Commission is required to issue notice under paragraph (1) shall provide that, during the 1-year period beginning on the date on which that rule takes effect, a low power TV station may apply to the Commission to be accorded primary status as a Class A television licensee under section 73.6001 of title 47, Code of Federal Regulations, or any successor regulation.”  LPPA Sec.2(c)(2)(A).  
  
8. The LPPA sets forth eligibility criteria for stations seeking Class A designation that are similar to the eligibility criteria under the CBPA, as discussed above.  Specifically, the statute provides that the Commission “may approve” an application submitted by an LPTV station if the station meets the following eligibility criteria: 
· during the 90-day period preceding the date of enactment of the LPPA (i.e., between October 7, 2022 and January 5, 2023), the station satisfied the same requirements applicable to stations that qualified for Class A status under the CBPA, “including the requirements…with respect to locally produced programming;” Section 2(c)(2)(B) provides: “(B) Considerations. – The Commission may approve an application submitted under subparagraph (A) if the low power TV station submitting the application (i) satisfies – (I) section 336(f)(2) of the Communications Act of 1934…and the rules issued under that section, including the requirements under such section 336(f)(2) with respect to locally produced programming….”  LPPA Sec.2(c)(2)(B)(i)(I) (citing 47 U.S.C. § 336(f)(2) of the CBPA).  
 
· the station satisfies the requirements of 47 CFR § 73.6001(b)-(d) or any successor regulation; LPPA Sec.2(c)(2)(B)(i)(II).   See infra para. 20. 

· the station demonstrates that it will not cause any interference as described in the CBPA; LPPA Sec.2(c)(2)(B)(ii); 47 U.S.C. § 336(f)(7).  See also infra Sec. III.B.3 (noting exceptions for those provisions that are now obsolete given the transition of all television stations from analog to digital operations). 
 
· during that same 90-day period, the station complied with the Commission’s requirements for LPTV stations; LPPA Sec.2(c)(2)(B)(ii).  See also 47 U.S.C. § 336(f)(2)(A)(i)(III).   
 and
· as of January 5, 2023, the station operated in a Designated Market Area with not more than 95,000 television households; LPPA Sec.2(c)(2)(B)(iii).  The LPPA also requires the Commission “[n]ot later than 1 year after the date of enactment” of the LPPA to “submit to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the implementation” of the LPPA including: “(1) a list of the current, as of the date on which the report is submitted, licensees that have been accorded primary status as Class A television licensees; and (2) of the licensees described in paragraph (1), an identification of each such licensee that has been accorded the status described in that paragraph because of the implementation” of the LPPA.  LPPA Sec.2(d).

Finally, the LPPA requires that a station accorded Class A status must (1) be subject to the same license terms and renewal standards as a license for a full power television broadcast station (except as otherwise expressly provided in the LPPA) and (2) remain in compliance with paragraph (c)(2)(B) of the statute during the term of the license. LPPA Sec.2(c)(3).
  
III. DISCUSSION
9. In this Notice of Proposed Rulemaking, we propose rules to provide LPTV stations with a limited opportunity to apply for primary spectrum use status as Class A television stations, consistent with Congress’s directive in the LPPA. The Commission is currently revising its rules in Parts 73 and 74, inter alia, to eliminate rules that no longer have any practical effect given the completion of the DTV transition as well as the post-incentive auction transition to a smaller television band with fewer channels.  See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, Update of Parts 74 of the Commission’s Rules Related to Low Power Television and Television Translator Stations, MB Docket Nos. 03-185 and 22-261, Order and Sixth Notice of Proposed Rulemaking, FCC 22-58 (rel. July 13, 2022), Erratum, FCC 22-58 (rel. Sept. 9, 2022) (Parts 73 and 74 Amendment Order and NPRM); Amendment of Part 73 of the Commission’s Rules to Update Television and Class A Television Broadcast Station Rules, and Rules Applicable to All Broadcast Stations, MB Docket No. 22-227, Notice of Proposed Rulemaking, FCC 22-73 (rel. Sept. 29, 2022) (Part 73 Amendment NPRM).  Among other revisions, we eliminated all analog rules, references to analog, and references to out-of-core channels; updated information such as filing dates, locations, and form numbers; and sought comment on reorganizing and modifying technical rules to make them more accessible to licensees and other users.  Any additional rule changes that are adopted and that are relevant to Class A stations will apply to stations that converted to Class A status pursuant to the CBPA and we tentatively conclude that we will apply these rule changes to all stations that convert to Class A status pursuant to the LPPA.  We invite comment on this approach.
  
A. Application Period
10. The LPPA provides LPTV stations a period of one year to apply for Class A status.  LPPA Sec.2(c)(2)(A).  The rules implementing the LPPA adopted in this proceeding will be submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995, Public Law 104-13, Oct. 1, 1995, 44 U.S.C. § 3507.  After OMB review, the Commission will issue a public notice announcing the effective date of the rules and the date by which LPTV stations seeking to convert to Class A status under the LPPA must submit an application.  
  We tentatively conclude that the application window will be limited to the one year application window  specified in the Act. LPPA Sec.2(c)(2)(A).  
  We note that the LPPA provides that the Commission may approve an application for Class A status if the application satisfies section 336(f)(2) of the Communications Act of 1934, as amended (which codifies the CBPA). LPPA Sec.2(c)(2)(B).  
  This provision sets forth the eligibility criteria for stations qualifying for Class A status, 47 U.S.C. § 336(f)(2)(A).
 and gives the Commission discretion to determine whether a station not satisfying such criteria should otherwise qualify. 47 U.S.C. § 336(f)(2)(B) (providing that a station is a qualifying low-power television station if “(B) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission”).  
  In the Class A Order, the Commission declined either to expand these eligibility criteria or to allow ongoing conversion to Class A status beyond the 6 month window contemplated in the CBPA. See Class A Order, 15 FCC Rcd at 6361, para. 11.  See also Class A MO&O, 16 FCC Rcd at 8250-52, paras. 15-18; infra paras. 22-23.  
  The Commission reasoned that the basic purpose of the CBPA was to afford existing LPTV stations a window of opportunity to convert to Class A stations. See Class A Order, 15 FCC Rcd at 6361, para. 11; Class A MO&O, 16 FCC Rcd at 8251-52, para. 18.
  The Commission also determined that the intent of Congress in enacting the CBPA was to establish the rights of a specific, already-existing group of LPTV stations, and that the public interest would not be served by the ongoing conversion of LPTV stations to Class A status under the CBPA in the future. Class A MO&O, 16 FCC Rcd at 8251-52, para. 18.
  The Commission noted that LPTV stations were originally licensed on a secondary basis and allowed to convert to Class A status only under limited eligibility criteria established in the CBPA based upon their beneficial past service to the public, and that it was not appropriate to expand generally the group of LPTV stations eligible to convert to Class A beyond that established by Congress. Id.
  The Commission did, however, state that, where potential applicants “face circumstances beyond their control that prevent them from filing” a Class A application within the 6-month time frame that applied to Class A conversions, the Commission “would examine those instances on a case-by-case basis to determine their eligibility for filing.” Class A Order, 15 FCC Rcd at 6362, para. 14.  The Commission, however, declined to accept license applications from LPTV licensees who did not timely file certifications of eligibility as required under the CBPA.  Id.

11. Similar to the CBPA, we tentatively find that the purpose of the LPPA is to provide for a one-time conversion of a discrete pool of eligible LPTV stations that meet the specific criteria set forth in the LPPA.  We tentatively find that the public interest would not be served by providing for conversion to Class A status beyond the one year period contemplated in the LPPA, nor do we find anything in the LPPA to suggest that Congress intended anything more than a limited window of opportunity.  Although we tentatively conclude that the application window will be limited to the one year application window specified in the Act, we propose that if a potential applicant faces circumstances beyond its control that prevents them from filing by the application deadline, we will examine those instances on a case-by-case basis to determine the potential applicant’s eligibility for filing. When filing an application to convert to Class A status, see infra paras. 39-40, we propose that an LPTV station will be able to request a waiver of the one-year period specified in the LPPA, and the staff will act on the waiver request.
  We invite comment on this approach.   
B. Eligibility Requirements
1. Definition of Low Power TV Station
12. We propose to apply the Commission’s recently updated definition of an LPTV station for purposes of determining which stations are eligible for Class A status under the LPPA.  The LPPA provides that the term “low power TV station” has the meaning given the term “digital low power TV station” in section 74.701 of our rules, or any successor regulation. Section 2(a)(3) of the LPPA provides that “the term ‘low power TV station’ has the meaning given the term ‘digital low power TV station’ in section 74.701 of title 47, Code of Federal Regulations, or any successor regulation.”  LPPA Sec.2(a)(3).
  Section 74.701 formerly contained a definition of the term “digital lower power TV station” but we recently revised that rule to remove references to digital and analog television service, as all LPTV stations have now ceased analog operations and there is no further need to differentiate between digital and analog in the rules. See supra nn.7, 27.  
  In place of the prior section 74.701 definition, section 74.701(k) of our current rules defines a low power TV station as: “[a] station…that may retransmit the programs and signals of a television broadcast station, may originate programming in any amount greater than 30 seconds per hour… and, subject to a minimum video program service requirement, may offer services of an ancillary or supplementary nature, including subscription-based services.” 47 CFR § 74.701(k).
  We propose to apply this recently updated definition of an LPTV station for purposes of determining which stations are eligible for Class A status under the LPPA.  We invite comment on this approach.  
13. Consistent with this definition, we tentatively conclude that eligibility for Class A status under the LPPA should be limited to LPTV stations, and that television translator stations should not be eligible. See 47 CFR § 74.790 (Permissible service of TV translator and LPTV stations).  See also supra n.3 (TV translator stations are limited in the amount of programming they may originate).  
  Translator stations “operate for the purpose of retransmitting the programs and signals of a television broadcast station, without significantly altering any characteristic of the original signal other than its frequency and amplitude,” 47 CFR § 74.701(a).
 and thus, are not permitted to “originate programming” as defined in the rules. See 47 CFR § 74.701(h) (“Local origination.  Program origination if [sic] the parameters of the program source signal, as it reaches the transmitter site, are under the control of the low power TV station licensee.  Transmission of TV program signals generated at the transmitter site constitutes local origination.  Local origination also includes transmission of programs reaching the transmitter site via TV STL stations, but does not include transmission of signals obtained from either terrestrial or satellite microwave feeds or low power TV stations.”) (emphasis added).
  Given this limitation, for the following reasons we tentatively conclude that “television broadcast translator stations” as defined under our rules would not be able to satisfy the locally produced programming eligibility requirement of the LPPA. See supra para. 8.  
  While the LPPA does not expressly require that the locally produced content aired by a low power station be produced by that station itself, we tentatively conclude that translators would be unlikely to qualify under the locally produced programming provisions of the LPPA due to the manner in which translators operate.  Translator stations are generally located outside their primary station’s noise limited contour in order to bring service to remote areas. 47 CFR § 74.787(a)(5).  This practical limitation applies with the exception of replacement translators, which are located within the noise limited contour of a full power television station and protected from interference.  However, as discussed further in this paragraph, we tentatively conclude that the best reading of the LPPA is that Congress intended to include low power stations and exclude translator stations, including replacement translators.
  Thus, while a translator’s primary station(s) may be airing programming produced in the primary station’s noise limited contour, it is unlikely that programming was locally produced within the noise limited contour of the translator.  For similar reasons, the Commission specifically found that translator stations were not eligible for Class A status under the CBPA, See Class A R&O, 15 FCC Rcd at 6369-70, para. 35 (“We will not adopt separate eligibility criteria for translator stations under the CBPA, as requested by the . . . NTA.  The statute limits eligibility to LPTV stations that produce local programming and can meet the operating rules applicable to full-service stations.”). 
 and there is no indication that Congress intended to be more inclusive in the LPPA.  In addition, we tentatively conclude that the LPPA’s inclusion of reference to “low power” stations and failure to specifically reference “translator” stations can be read as an intentional inclusion of the former and exclusion of the latter and is the best reading of the statute.  We invite comment on this tentative conclusion that translator stations should not be eligible for Class A status under the LPPA.
14. We tentatively conclude that LPTV stations that have not completed their digital transition are not eligible to apply for Class A designation.  A small number of analog LPTV stations have not yet completed construction of their digital facilities and have been granted additional time to do so. See Parts 73 and 74 Amendment Order and NPRM at para. 4.  
  Since analog television operations are no longer permitted, these LPTV stations are silent and must remain silent until such time as they complete construction of their digital facilities. Id.  See also 47 CFR § 74.790(m).
  The LPPA requires that, to be eligible to convert to Class A status, an LPTV station must meet the statutory programming requirements for the 90-day period preceding the date of enactment of the LPPA. See LPPA Sec.2(c)(2)(B)(i)(I).
  As any LPTV station that was silent during this period would not meet these requirements, we tentatively conclude that such stations would not be eligible to apply for Class A designation under the LPPA.  We invite comment on this interpretation. 
2. Eligibility Criteria 
15. We propose to codify in our rules the eligibility criteria set forth in the LPPA.  As noted above, See supra para. 8.
 the LPPA sets forth eligibility criteria for stations seeking Class A designation that are similar to the eligibility criteria under the CBPA.  Specifically, the LPPA provides that the Commission “may approve” an application submitted by an LPTV station under the LPPA if the station, during the 90-day period preceding the date of enactment of the LPPA, meets the same requirements in 47 U.S.C. section 336(f)(2) applicable to stations that qualified for Class A status under the CBPA, “including the requirements…with respect to locally produced programming.” LPPA Sec.2(c)(2)(B)(i)(I).  
  Thus, to qualify for Class A status in the 90 days preceding the LPPA’s January 5, 2023 effective date, an LPTV station must have met the following requirements between October 7, 2022 and January 5, 2023 (the 90 day eligibility period): (1) the station must have broadcast a minimum of 18 hours per day; 47 U.S.C. § 336(f)(2)(A)(i)(I).
 (2) the station must have broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled LPTV stations that carry common local programming produced within the market area served by such group; 47 U.S.C. § 336(f)(2)(A)(i)(II).
 and (3) the station must have been in compliance with the Commission’s requirements applicable to LPTV stations. 47 U.S.C. § 336(f)(2)(A)(i)(III).  See also supra para. 8.
  In addition, from and after the date of its application for a Class A license, the station must be in compliance with the Commission’s operating rules for full power television stations. LPPA Sec.2(c)(2)(B)(i)(I); 47 U.S.C. § 336(f)(2)(A)(ii).  
  
16. Locally Produced Programming.  In implementing the LPPA, we propose to define “locally produced programming” in the same manner as our rules that apply to stations that converted to Class A status pursuant to the CBPA.  As noted above, the LPPA requires that, during the 90 day eligibility period, LPTV stations must have broadcast an average of at least 3 hours per week of programming produced within the market area served by the station. LPPA Sec.2(c)(2)(B)(i)(I); 47 U.S.C. § 336(f)(2)(A)(i)(II).
  Section 73.6000 of our rules contains a definition of “locally produced programming” applicable to Class A stations. 47 CFR § 73.6000 (Definitions).  This provision currently defines “locally produced programming” as “programming: (1) [p]roduced within the predicted Grade B contour of the station broadcasting the program or within the contiguous predicted Grade B contours of any of the stations in a commonly owned group; or (2) [p]roduced within the predicted DTV noise-limited contour (see § 73.622(e)) of a digital Class A station broadcasting the program or within the contiguous predicted DTV noise-limited contours of any of the digital Class A stations in a commonly owned group.”  Id. 
  In the Part 73 Amendment NPRM, the Commission has proposed to update its definition of locally produced programming for Class A stations in section 73.6000 of the rules, as “programming produced within the predicted noise-limited contour … of a Class A station broadcasting the program or within the contiguous predicted noise-limited contours of any of the Class A stations in a commonly owned group.” See Part 73 Amendment NPRM at Appendix A (Proposed Rules) Section 73.6000.  The proposed revision to the definition of “locally produced programming” eliminates the reference to the “predicted Grade B contour” as that reference applies to the protected contour of analog LPTV stations, which have now ceased operation.  In addition, the proposed rule revision deletes the terms “DTV” and “digital” as references to digital versus analog operation are now outdated, and makes other conforming changes to the rule.  Id. at para. 6 and n.10.
  We propose to apply the definition in section 73.6000 of the rules, including any future changes, to define “programming produced within the market area served by the station” for purposes of determining eligibility for Class A status under section 2(c)(2)(B)(i)(I) of the LPPA and invite comment on this approach.
17. Operating Requirements.  We tentatively conclude that all applicants seeking to convert to Class A status under the LPPA be required to certify that they have complied with the Commission’s requirements for LPTV stations, during the 90 day eligibility period. The LPTV requirements are set forth in Title 47, Part 74, Subpart G of our rules.  As noted above, the Commission recently revised its Part 74 rules to delete outdated references to analog television service.  See supra n. 27.  
  As noted above, to qualify for Class A status under the LPPA, an LPTV station must have been in compliance with the Commission’s requirements for LPTV stations during the 90 day eligibility period. LPPA Sec.2(c)(2)(B)(i)(I); 47 U.S.C. § 336(f)(2)(A)(i)(III).  
  We seek comment on this tentative conclusion.
18. The LPPA requires that a station “be in compliance with the Commission’s operating rules for full-power stations” beginning on the date of its application for a Class A license and thereafter. LPPA Sec.2(c)(2)(B)(i)(I); 47 U.S.C. § 336(f)(2)(A)(ii).
  In the Class A Order that implemented the CBPA, the Commission determined certain Part 73 rules would apply to applicants for Class A status and to stations awarded Class A licenses. See Class A Order, 15 FCC Rcd at 6365, para. 23; 47 CFR § 73.6026 (listing Part 73 rules that do apply to Class A stations).  Class A stations are not required to comply with certain other regulations that could not apply for technical reasons, for instance the full power principal city coverage requirement currently set forth in 47 CFR § 73.625(a) and must comply with maximum power levels applicable to LPTV stations.  Class A Order, 15 FCC Rcd at 6367-68, paras. 28-29.
  For example, existing Class A stations must comply with children’s programming and online public inspection file regulations. See 47 CFR § 73.6026 (listing broadcast regulations applicable to Class A television stations).  This rule includes cross references to 47 CFR §§ 73.670 (Commercial limits in children’s programming) and 73.671 (Educational and informational programming for children) as applying to Class A stations.  See also 47 CFR § 73.3526 (Online public inspection file of commercial stations) which requires Class A licensees to maintain an online public file, including a political file.
  We propose to take this same approach with respect to stations that seek to convert to Class A status pursuant to the LPPA.  We propose that applicants for Class A designation pursuant to the LPPA, and Class A stations awarded licenses pursuant to that statute, will be required to comply with the same Part 73 rules applied in implementing the CBPA. See supra nn.63-64.  Some other examples of rules that cannot apply to Class A stations for technical reasons are the so-called “largest station in the market” rule, 47 CFR § 73.622(f)(5), 47 CFR § 73.616 (Post-transition DTV station interference protection), and 47 CFR §§ 73.622(f)(6)-(8) (allowable antenna heights and power levels for full power stations).  See also supra n.27.
  We invite comment on this approach.  
19. We also propose that all stations that receive a Class A license under the LPPA must comply with all Class A regulations.  LPPA section (2)(c)(3)(B) provides that a Class A license granted pursuant to the rules established under the LPPA shall “require the low power TV station to remain in compliance with [section (2)(c)(2)(B) of the LPPA] during the term of the license.” LPPA Sec.2(c)(3)(B).  
  This includes, among other things, the requirements to broadcast a minimum of 18 hours per day and to broadcast an average of at least three hours per week of locally produced programming each quarter. LPPA Sec.2(c)(2)(B).  See also 47 CFR § 73.6001(b)-(c).
  Beyond the requirements specified in section (2)(c)(2)(B) of the LPPA, we also tentatively conclude there is no reason to exempt LPTV stations converting to Class A status under the LPPA from other rules applicable to LPTV stations converting to Class A status under the CBPA, given that the service requirements in the LPPA closely track those in the CBPA and that the stations will be converting to Class A status and so it makes sense for Class A rules generally to apply. See supra para. 8.
  We seek comment on this approach.  
20. We also seek comment on whether the requirement to comply with the Class A eligibility requirements set forth in LPPA section (2)(c)(2)(B) should run from when an LPTV station’s application is submitted.  To that end, we note that LPPA section 2(c)(2)(B)(i)(II) states that the “Commission may approve an application [for Class A status] if the low power TV station submitting the application—satisfies— paragraphs (b), (c), and (d) of 73.6001,” LPPA Sec.2(c)(2)(B)(i)(II).
 which contains the requirements that Class A stations broadcast a minimum of 18 hours per day and broadcast an average of at least three hours per week of locally produced programming each quarter.  We seek comment on how to interpret the statutory language providing that the station “submitting the application” must “satisfy” these requirements.  We note that this requirement is distinct from the separate statutory obligation to meet the eligibility requirements during the 90 day eligibility period of October 7, 2022 to January 5, 2023. LPPA Sec.2(c)(2)(B)(i)(I).
  Should this language be interpreted to require the applicant for a Class A license to satisfy the requirements of 47 CFR § 73.6001(b)-(d) from the time it submits its application?  Indeed, because LPPA section (2)(c)(3)(B) applies these requirements after a Class A license is granted, LPPA Sec.2(c)(3)(B).
 would LPPA section 2(c)(2)(B)(i)(II) be rendered superfluous if we did not interpret it to apply these requirements from the time the Class A application is submitted? Clark v. Rameker, 134 S. Ct. 2242, 2248 (2014) (“‘a statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous’”) (quoting Corley v. United States, 556 U.S. 303, 314 (2009)).

21. License Application and Documentation.  In order to assist with the orderly processing of all applications received under the LPPA, we propose that an applicant will be required to certify that its station meets the operating and programming requirements of the LPPA.  Specifically, with respect to the statutory requirement that stations air 18 hours of programming each day during the 90 day eligibility period, we propose to require applicants to certify that the station was fully operational for at least 18 hours on each day during the 90 day eligibility period.  In addition, with respect to the requirement that stations air three hours of locally produced programming, we propose to require an applicant to certify that it was providing such programming during each day during the 90 day eligibility period.  We invite comment generally on this approach.  
22. We tentatively conclude that an applicant be required to submit, as part of its application, documents to support its certification that it meets the operating and programming requirements of the LPPA. 47 U.S.C. § 308(b).
  We seek comment on the kind of documentation that we should require stations to submit in support of their application in order to ensure orderly processing.  Should we require specific documents or categories of documentation or should we provide examples of the kinds of documentation that stations could provide thereby giving stations more latitude with respect to the types of documentation they may use to support their application? See, e.g., LPTV, TV Translator, and FM Broadcast Station Reimbursement, Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, MB Docket No. 18-214, Report and Order, 34 FCC Rcd 1690, 1733-34,  para. 92 (2019) (LPTV Reimbursement R&O).
  To support its certification that the station was on the air at least 18 hours each day during the eligibility period, a station could, for example, submit electric power bills from a third party vendor that specify the station or station’s broadcast facility location for the designated period, A significant fluctuation in the amount of power used on a monthly basis during the 90-day eligibility period could indicate that the station reduced its hours of operation for one or more months.  In addition, for example, we would expect that a station operating at 15 kW, the maximum operating power for a UHF LPTV station, for 18 hours seven days a week, would be operating with a substantial amount of power, as opposed to an LPTV station that was airing programming sporadically.
 and/or copies of any program guides, EAS logs, or agreements to purchase and air programming on the specified station in an amount sufficient to satisfy this programming requirement. For example, if a station had contracts for at least 18 hours of programming from various program suppliers during the 90-day eligibility period, this would strongly indicate that the station was operating at least 18 hours per day during that time period.
  If the station was silent during any portion of this period of time, we will require the station to identify any silent periods and the reasons why the station was silent. Section 74.735(b) of our rules provides that, in the event that causes beyond the control of a licensee make it impossible to continue operating, the station may limit or discontinue operation for a period of not more than 30 days without further authority from the FCC.  Notification must be sent to the Commission no later than the 10th day of discontinued operation and, during such period, the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of antenna structures.  If the causes beyond the control of the licensee make it impossible to comply within the allowed period, an informal written request should be made to the Commission no later than the 30th day for such additional time as may be deemed necessary.  47 CFR § 74.735(b). 
  To support its certification that a station aired three hours of locally produced programming, the station could, for example, submit copies of any agreements to purchase and air such programming and/or identify the producer of any programming it claims is locally produced, the location where the programming was produced, and records of advertisements aired during locally produced programming showing that the programming was in fact aired.  We invite commenters to provide examples of other kinds of documentation a station could provide to support its certifications that it meets the eligibility requirements of the LPPA.  In order to expedite processing, and ensure the Commission maximizes opportunities for applicants, Commission staff may request additional documentation if necessary during consideration of the application. See 47 U.S.C. § 308(b).
  
23. Alternative Eligibility Criteria.  As discussed above, See supra para. 10.
 the LPPA provides that the Commission may approve an application for Class A status if the application satisfies section 336(f)(2) of the Communications Act of 1934, codified as part of the CBPA. LPPA Sec.2(c)(2)(B)(i)(I); 47 U.S.C. § 336(f)(2)(A).  
  The CBPA provided the Commission with additional discretion in evaluating applicants for Class A status if “the Commission determines that the public, interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission.” 47 U.S.C. § 336(f)(2)(B).  
  In the Class A Order, the Commission determined that it would allow deviation from the strict statutory eligibility criteria in the CBPA “only where such deviations are insignificant or when we determine that there are compelling circumstances, and that in light of those compelling circumstances, equity mandates such a deviation.” Class A Order, 15 FCC Rcd at 6369, para. 33.
  The Commission gave as an example of such compelling circumstances “a natural disaster or interference conflict which forced the station off the air during the 90 day period before enactment of the CBPA.” Id.  The Commission also concluded that foreign language stations should have the same eligibility requirements as any other potential Class A station under the CBPA.  Id. at paras. 33-35.   

24. We tentatively conclude that we should apply this same approach in the context of the LPPA.  Accordingly, we propose to allow deviation from the strict statutory eligibility criteria under the LPPA only where deviations are insignificant or where there are compelling circumstances such that equity mandates a deviation.  We tentatively conclude that the LPPA provides precise and limited eligibility criteria and, except in very limited circumstances, we are not inclined to expand the specific qualifying criteria beyond that identified in the statute.  We invite comment on this approach.
3. Interference Requirements
25. We tentatively conclude that LPTV stations proposing to convert to Class A status under the LPPA must demonstrate compliance with the interference protection standards set forth in section 336(f)(7) of the Communications Act of 1934, with the exception of those provisions that are now obsolete given the transition of all television stations from analog to digital operations.  The LPPA provides that the Commission may approve an application by an LPTV station if it “demonstrates to the Commission that the Class A station for which the license is sought will not cause any interference described in section 336(f)(7) of the Communications Act of 1934. . . .” LPPA Sec. 2(c)(2)(B)(ii). 
  Section 336(f)(7) describes the interference protection requirements for LPTV stations that sought Class A status under the CBPA vis-à-vis full power television, LPTV, TV translator, and land mobile stations.  Because the CBPA was adopted in 1999, section 336(f)(7) refers to a number of interference protection standards that are now obsolete. See infra paras. 26-27.
  
26. We tentatively conclude that LPTV stations proposing to convert to Class A status must satisfy the requirement in section 2(c)(2)(B)(ii) of the LPPA by demonstrating compliance with the same operating rules and policies, including interference requirements, applicable to existing digital Class A licensees, including requirements that were adopted subsequent to the enactment of section 336(f)(7).  When LPTV stations converted to Class A status pursuant to the CBPA in 2000, they began their primary status operations as analog stations.  In 2004, the Commission adopted rules and policies to allow LPTV and Class A stations to operate with digital facilities. See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, Report and Order, 19 FCC Rcd 19331 (2004).
  In 2011, the Commission established a hard deadline of September 1, 2015 for all Class A stations to terminate analog operations. See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, Second Report and Order, 26 FCC Rcd 10732, 10735, para. 7 (2011).
  With very limited exceptions, all existing LPTV stations are now operating in digital format. See supra n.48.
  Our rules applicable to Class A stations set forth the interference protection Class A stations now must provide to digital full power, Class A, LPTV, and TV translator stations, Class A stations must also protect certain land mobile operations.  See infra para. 30.
 and supersede certain interference requirements referenced in the CBPA, as that statute was adopted prior to the digital transition.  We recognize that the LPPA specifically referenced the interference requirements “described in section 336(f)(7).”  Nonetheless, we tentatively find that this does not evince an intent on the part of Congress to compel applicants, in fulfilling the requirements under the LPPA, to demonstrate compliance with outdated and superseded interference rules referenced in 336(f)(7). See, e.g., Pub. Citizen v. U.S. Dep’t of Justice, 491 U.S. 440, 452-55 (1989) (noting that statutes are to be read in a manner that avoids absurd results); City of Lincoln, Neb. v. Ricketts, 297 U.S. 373, 376 (1936) (noting duty to give words their natural significance unless that leads to an unreasonable result plainly at variance with the evident purpose of the legislation).
  Rather, we tentatively find that by requiring applicants to demonstrate compliance with current interference requirements applicable to Class A stations, we will ensure that the purpose of the statutory provision—i.e., to ensure that a Class A station will not cause interference—will be served because the licensed or previously proposed facilities of full power, low power and TV translator, and land mobile stations will be afforded interference protection when LPTV stations convert to Class A status pursuant to the LPPA.  Accordingly, we tentatively conclude that our rules applicable to existing Class A stations, including interference requirements, will apply to stations that convert to Class A status pursuant to the LPPA.  We seek comment generally on this analysis and tentative conclusion.  
27. Protection of Full Power Television Stations.  We tentatively conclude that Class A-eligible LPTV stations need not comply with certain CBPA interference showings that are obsolete due to the completion of the digital transition.  These obsolete provisions would include the following:  (1) prohibition on causing interference to the predicted Grade B contour of an analog full power television station or a modification application filed on or before November 1, 1999; 47 U.S.C. § 336(f)(7)(A)(i).  
 (2) protection of the original DTV Table of Allotments, 47 U.S.C. § 336(f)(7)(A)(ii)(I).
 which has now been superseded and deleted from the Commission’s rules; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auction, GN Docket No. 12-268, Order, 36 FCC Rcd 15891, 15896, para. 12 (2021) (October 2021 Table Order).
  and (3) two additional requirements that are both obsolete due to the passage of time. 47 U.S.C. § 336(f)(7)(A)(ii)(III) and (IV).  47 U.S.C. § 336(f)(7)(A)(ii)(III) required Class A eligible LPTV stations under the CBPA to protect the digital service areas of stations “subsequently granted by the Commission prior to the filing of the Class A application.”  In the Class A Order, the Commission noted that there were no such applications on file at that time.  In addition, 47 U.S.C. § 336(f)(7)(A)(ii)(IV) required the protection of certain full power maximization notifications which at this point have been applied for and licensed, or dismissed, for more than a decade.  See Community Broadcasters Protection Act of 1999 Sets Deadline of December 31, 1999 for Full Service Stations to File Letters of Intent to Maximize Their DTV Facilities, Public Notice, 14 FCC Rcd 207448 (MMB 1999) (explanation of digital maximization applications and notifications).  
  We seek comment on our tentative conclusion.
28. Further, we tentatively conclude that Class A-eligible stations seeking primary status under the LPPA must demonstrate that they do not cause interference to areas protected under our rules, including any future updates to those rules.  Section 336(f)(7)(A)(ii)(II) of the CBPA required LPTV stations to demonstrate that they did not cause interference “to the areas protected in the Commission’s digital television regulations (47 CFR §§ 73.622(e) and (f)).” 47 U.S.C. § 336(f)(7)(A)(ii)(II).
  We recently proposed updates to these requirements. See Part 73 Amendment NPRM at para, 12, nn. 28, 46, 50, 90.  We also proposed to reorganize and update other rules relevant to Class A stations.  See id. at para. 12 & nn. 28, 46, 97.  
  Accordingly, we tentatively conclude that these rule changes to sections 73.622(e) and 73.622(f), if adopted, will also apply to Class A-eligible LPTV stations seeking primary status under the LPPA and seek comment on this tentative conclusion. 
29. Protection of Low Power and Television Translator Stations.  We tentatively conclude that an LPTV station that files an application to convert to Class A status under the LPPA will be required to protect LPTV and TV translator stations.  The LPPA references the CBPA in requiring the protection of previously authorized LPTV/TV stations, as well as previously filed applications for these facilities. LPPA Sec.2.(c)(2)(B)(ii).
  We note that when the CBPA was implemented, the Commission required Class A stations to protect “the LPTV and TV translator protected contours on the basis of the standards given in section 74.707, i.e., on the basis of compliance with certain desired-to-undesired signal strength ratios of the LPTV rules.” Class A NPRM, 15 FCC Rcd at 1186, para. 38.  See also Class A Order, 15 FCC Rcd at 6389-90, para. 81.  
  We recently deleted this provision. See Parts 73 and 74 Amendment Order and NPRM at para. 5 and n.20.
  The digital-to-digital interference protection standards are now found in sections 74.792 and 74.793. Id. at n.20; 47 CFR §§ 74.792 (Low power TV and TV translator station protected contour) and 74.793 (Low power TV and TV translator station protection of broadcast stations).
  We tentatively conclude that LPTV stations that file applications to convert to Class A station under the LPPA will be required to make an absence of interference showing using these updated digital-to-digital rules, and seek comment on this tentative conclusion.  
30. Protection of Land Mobile Stations.  We tentatively conclude that an LPTV station that converts to a Class A station under the LPPA will continue to be required to protect land mobile stations.  LPTV stations are currently required to protect land mobile stations. See 47 CFR § 74.709.  As discussed herein, protected land mobile stations are located in highly populated urban areas, while Class A eligible LPTV stations under the LPPA are required to be located in DMAs with no more than 95,000 TV households.
  Section 336(f)(7)(C) of the CBPA provides that the Commission may not grant a Class A license or modification of license where the Class A station will cause interference within the protected contour of land mobile stations. Specifically, land mobile stations are protected 80 miles from the geographic center of the areas listed in 47 CFR §§ 22.625(b)(1), 90.303(b); for frequencies in the 470-512 megahertz band identified in 47 CFR §§ 22.621, 90.303(b), or in the 482-488 megahertz band in New York. 
  This protects land mobile radio services which have been allocated the use of TV channels 14-20 in certain urban areas of the country, as well as channel 16 in the New York City metropolitan area.  In implementing the CBPA, the Commission implemented these protections in the manner prescribed in section 74.709 of the LPTV rules.  Class A Order, 15 FCC Rcd at 6390-91, para. 84.
  These rules have not changed. In the Parts 73 and 74 Amendment Order and NPRM, the Commission added an explanatory note to section 74.709 to reference the existence of a granted waiver with respect to the community of Los Angeles, California to allow the County of Los Angeles to use channel 15 for public safety communications.  This note is of no or limited pertinence to the LPPA, which grants primary eligibility to stations operating in Designated Markets Areas with not more than 95,000 television households who meet other eligibility requirements as well.  See infra Section III.B.4.
  Thus, we tentatively conclude that LPTV stations that file applications to convert to Class A station under the LPPA will be required to make an absence of interference showing using these land mobile protection rules.
4. Designated Market Area
31. We seek comment on multiple issues involving the LPPA’s requirements related to Designated Market Areas (DMAs).  The LPPA requires that an LPTV station must demonstrate that as of January 5, 2023, the station “operates in a Designated Market Area with not more than 95,000 television households.” LPPA Sec.2(c)(2)(B)(iii).  January 5, 2023 reflects the date of enactment of the LPPA.  As discussed below, we interpret the DMA requirement to be ongoing for the term of the Class A license, and seek comment on this interpretation.  See infra para. 38.
  The LPPA further states that DMA means “(A) a [DMA] determined by Nielsen Media Research or any successor entity; or (B) a [DMA] under a system of dividing television broadcast station licensees into local markets using a system that the Commission determines is equivalent to the system established by Nielsen Media Research . . .” LPPA Sec.2(a)(2)(A) and (B).  The Nielsen Company (Nielsen) describes a DMA region as “a group of counties and zip codes that form an exclusive geographic area in which the home market television stations hold a dominance of total hours viewed.  There are 210 DMA regions, covering the entire continental U.S., Hawaii, and parts of Alaska.”  See Nielsen, DMA Regions, https://markets.nielsen.com/us/en/contact-us/intl-campaigns/dma-maps/ (rel. Oct. 24, 2022).  
  We seek comment on: (1) the meaning of the word “operates” in the LPPA, LPPA Sec.2(c)(2)(B)(iii).
 and (2) whether we should adopt the Nielsen Local TV Station Information Report (Local TV Report) for determining DMAs or an equivalent alternative local market system. See LPPA Sec.2(a)(2)(B).

32. In limiting eligibility to LPTV stations operating in a DMA or an equivalent with not more than 95,000 television households (a “qualifying DMA”), Congress apparently intended to convey the benefits of primary Class A status under the LPPA to small market LPTV stations that reach a relatively small number of potential viewers.  “Operate” in the LPPA could mean that an LPTV station’s protected contour See 47 CFR § 74.792.
 extends into the geographic area of a qualifying DMA.  It could also mean that the station’s transmission facilities, which includes the tower or building on which its antenna is mounted, are located within the qualifying DMA.  We tentatively conclude that the LPTV station applying for Class A status under the LPPA must demonstrate that its transmission facilities are located within the qualifying DMA.  We believe this interpretation is consistent with the apparent Congressional intent to limit Class A status to stations currently operating in small markets.  We also propose that in order to make the necessary demonstration, applicants be required to provide the following information, as it existed as of the enactment date of the LPPA, January 5, 2023: (1) the coordinates of the station’s transmission facilities (i.e., the tower or building on which its antenna is mounted); (2) the city/town/village/or other municipality and county in which the transmission facilities are located; and (3) the qualifying DMA in which the station’s transmission facilities are located.  We seek comment on this proposal.   
33. We propose to use the Nielsen Local TV Station Information Report (Local TV Report) in determining the DMA where the LPTV station’s transmission facilities were located as of January 5, 2023 consistent with the Commission’s recent Nielsen DMA Determination Update Order, See Update to Publication for Television Broadcast DMA Determination for Cable and Satellite Penetration, MB Docket No. 22-239, Report and Order, FCC 22-89 (rel. Nov. 16, 2022) at para. 1 (Nielsen DMA Determination Update Order).  See also id. at para. 6 (reiterating Nielsen’s clarification that it has “always told stations the DMAs to which they have been assigned upon request and free of charge,” and that it will begin offering DMA maps to non-clients at “a reasonable charge”).
 and seek comment on this proposal.  In November 2022, we adopted Nielsen’s monthly Local TV Report as the successor publication to Nielsen’s Annual Station Index and Household Estimates and determined that the Local TV Report should be used to define “local market” as stated in other statutory provisions and rules relating to carriage, including retransmission consent, distant signals, significantly viewed, and field strength contour. Id. at para. 4.
  The record in that proceeding indicated that the Local TV Report is the sole source of information regarding DMA determinations and that there is no company currently accredited to determine the local market area of broadcast television stations. Id.  We note that in the LPPA, which was enacted after release of the Nielsen DMA Determination Update Order, Congress chose to define DMA as determined by Nielsen Media Research.

34. As noted above, the LPPA also permits the Commission to adopt an equivalent alternative local market system to Nielsen’s DMA. LPPA Sec.2(a)(2)(B). 
  The LPTV Broadcasters’ Association (LPTVBA) requests that the Commission use, for purposes of the LPPA, Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by the Office of Management and Budget (OMB). E-mail from Frank Copsidas, President and Founder, LPTV Broadcasters’ Association, to Holly Saurer, Chief, Media Bureau, FCC (Feb. 27, 2023).  Although LPTVBA also makes a number of accusations regarding the character and business dealings of Nielsen Media Research, as we explain above, Congress chose to define DMA as determined by Nielsen Media Research in the LPPA, and despite its lack of accreditation, the Commission found based on the record of the Nielsen DMA Determination Update proceeding that Nielsen is the sole source of information regarding DMA determinations.  See supra n.112 and accompanying text.  However, we do seek comment herein on any alternative publications that are equivalent to the system established by Nielsen Media Research. 
  The general concept of an MSA is that of a core area containing a substantial population nucleus, together with adjacent communities having a high degree of economic and social integration with that core. https://www.census.gov/programs-surveys/metro-micro/about.html (last visited Feb. 27, 2023)
  The Census Bureau does not actually define “rural.”  Rather, rural areas include all geographic areas that are not classified as urban.  Census data indicates that about 61 million people, or 19 percent of the population, lived in rural areas of the United States in 2016, and that although less than one-fifth of the U.S. population lives in rural areas, these areas encompass about 97 percent of the total land area in the United States.  https://www.census.gov/content/dam/Census/library/publications/2019/acs/ACS_rural_handbook_2019_ch01.pdf (Mar. 1, 2023).
  LPTVBA does not specify or explain which areas, which are based on Census Bureau data, it would have us use.  We also note that these classifications, which are based on population, appear to have nothing to do with market assignment information or determining television broadcast station markets, unlike Nielsen DMAs. See Nielsen DMA Determination Update Order at para. 4.
  We seek comment on LPTVBA’s position and on any alternative means of delineating DMAs using a system of dividing television broadcast station licensees into local markets that is equivalent to the system established by the Nielsen Media Research.  Any commenter suggesting an alternative publication to the Nielsen Local TV Report should identify the publication as well as the similarities and differences in assigning stations to television markets, and explain why the alternative publication is preferable.  
5. License Standards (Ongoing Eligibility Requirements)
35. The LPPA provides that licenses issued to stations that convert to Class A status are subject to full power television station license terms and renewal standards, with certain exceptions, and that such licensees are required to remain in compliance with the LPPA’s eligibility requirements for the term of their Class A license. LPPA Sec.2(c)(3)(A) – (B).  Section 2(c)(3) in its entirety provides: “Applicability of License – A license that accords primary status as a Class A television licensee to a low power TV station as a result of the [rules adopted to implement the LPPA] shall (A) be subject to the same license terms and renewal standards as a license for a full power television broadcast station, except as otherwise expressly provided in this subsection; and (B) require the low power TV station to remain in compliance with paragraph (2)(B) during the term of the license.”
  We propose to implement these provisions as discussed below.
36.  As discussed above, we propose to require that converting stations comply with the Commission’s operating rules for full power stations. See supra para. 18.
  We invite comment on this proposal. 
37. Next, we propose to require that these converting stations remain in compliance with eligibility requirements set forth above.  As described in Section III.B.2. above, such stations must continue, during the term of the Class A license, to: (1) broadcast a minimum of 18 hours of programming per day, and (2) broadcast an average of at least 3 hours per week of “locally produced programming,” as defined above. See supra Section III.B.2.  See also 47 U.S.C. § 336(f)(2)(A)(i)(I) - (II).
  In addition, the station must continue to comply with the interference requirements adopted in this proceeding. See supra Section III.B.3.
  We invite comment on this proposal.
38. Finally, we believe that in order to fulfill the continuing compliance mandate, stations that convert to Class A status must continue to operate in DMAs with not more than 95,000 television households in order to maintain their Class A status. See LPPA Sec.2(c)(2)(B)(iii).
  We invite comment on this proposed interpretation.  Also, under our proposal, a station that converted to Class A pursuant to the LPPA would no longer be eligible to retain Class A status if the population in its DMA later grows to more than 95,000 television households and propose to consider compliance with this element during the license renewal process.  We seek comment on this proposal.  What if Nielsen or another equivalent entity were to merge a qualifying DMA into another DMA such that the combined DMA has more than 95,000 television households?  How likely is this to occur?  Should a station affected by a decision of Nielsen to combine DMAs for purposes of the station’s Class A eligibility under these proposed rules be allowed to file a complaint with the FCC and if so what procedure should be implemented to consider such challenges?  What if the boundaries of a DMA are changed such that the number of TV households in the DMA increases to a number above the 95,000 TV household threshold under the LPPA?  Should our interpretation of the LPPA DMA requirement depend on whether the station itself initiates a move to a non-qualifying DMA, or whether the change is beyond the station’s control?
C. Application Process
39. Applications for Class A Status.  We propose to evaluate Class A status to eligible LPTV stations as a modification of the station’s existing license.  We propose that, for purposes of the LPPA, Class A applications be limited to the conversion of existing facilities as they exist at the time of application, without consideration of modifications to those facilities. In other words, stations will not be permitted to seek technical modification of their facilities in conjunction with their Class A conversion application.
  We tentatively conclude that this approach is consistent with the limited opportunity intended by the LPPA.  It will also allow expeditious consideration of all applications, and will eliminate delays that could arise from the possibility of mutual exclusivity between a Class A conversion application and other licensed full power or Class A facilities, were we to entertain license modifications during the application window.  A licensed LPTV station holding a construction permit to modify its facilities will either need to license those permitted facilities before applying to convert to Class A status, or may apply for a modification after the Commission has processed the applications from the window.  We invite comment on this approach.
40. When implementing the CBPA, the Commission required stations applying for Class A status to provide local public notice of applications for Class A statues “since the nature of the underlying service is changing from secondary to primary service.” Class A R&O, 15 FCC Rcd at 6398, para. 108.
  We tentatively conclude for the same reason that local public notice of applications pursuant to the LPPA should also be required.  We seek comment on this tentative conclusion.
41. Application Form.  We propose that an application for modification of the LPTV station’s existing license to convert to Class A status be filed using FCC Form 2100, Schedule F. The Commission plans to add to its Licensing Management System database (LMS) as part of FCC Form 2100, Schedule F, portions of the existing FCC Form 302-CA (Application for Class A Television Broadcast Station Construction Permit or License).  That form was developed for use by LPTV stations applying to convert to Class A status under the CBPA.  Once an LPTV station obtains Class A status, it can file for minor modification of license using FCC Form 2100, Schedule E.
  We propose to require that such applications be filed electronically.  Effective March 2, 2023, the filing fee for an application to convert to Class A designation is $425. See Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 through 1.1109 of the Commission’s Rules, Order, MD Docket No. 20-270, FCC 22-94 (rel. Dec. 16, 2022) at Appendix (§1.1104 Schedule of charges for applications and other filings for media services; Full Power Commercial and Class A Television Stations).  The new fee schedule will be effective March 2, 2023.  See 88 FR 6169 (Jan. 31, 2023).  The fee for an application for a “new license” for a Class A station is $ 425.00.
  We invite comment on these matters.
D. TV Broadcast Incentive Auction, Post-Auction Transition, and Reimbursement
42. The LPPA provides that it may not affect the Commission’s work related to the Broadcast Incentive Auction. LPPA Sec.2(e) states that “[n]othing in this section may be construed to affect a decision of the Commission related to completion of the transition, relocation, or reimbursement of entities as a result of the systems of competitive bidding conducted pursuant to title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et seq.) and the amendments made by that title, that are collectively commonly referred to as the ‘Television Broadcast Incentive Auction.’”
  In 2012, Congress passed the Spectrum Act that authorized the Commission to reorganize the ultra-high frequency (UHF) band using a two-sided incentive auction that reallocated broadcast television spectrum for mobile broadband services. Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, §§ 6402 (codified at 47 U.S.C. § 309(j)(8)(G)), 6403 (codified at 47 U.S.C. § 1452), 126 Stat. 156 (2012) (Spectrum Act); Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, 29 FCC Rcd 6567 (2014) aff’d, Nat’l Ass’n of Broadcasters v. FCC, 789 F.3d 165 (D.C. Cir. 2015) (Incentive Auction R&O); Incentive Auction Closing and Channel Reassignment Public Notice; The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, Public Notice, 32 FCC Rcd 2786 (IATF, MB, and WTB 2017) (Closing and Channel Reassignment PN).  
  The post-incentive auction transition period ended on July 13, 2020, by which time full power and Class A television stations that were reassigned to new channels were required to vacate their pre-auction channels. Id.  See also Incentive Auction Task Force and Media Bureau Announce Procedures for the Post-Incentive Auction Broadcast Transition, Public Notice, 32 FCC Rcd 858 (IATF/MB 2017); The Incentive Auction Task Force and Media Bureau Announce Procedures for Submitting Financial Information Required for Disbursement of Reimbursement Payments, Public Notice, 34 FCC Rcd 7070 (MB/IATF Aug. 15, 2019).
  Although LPTV stations were not eligible to participate in the incentive auction, some LPTV stations were displaced as a result of the reorganization of broadcast spectrum, See Incentive Auction R&O, 29 FCC Rcd at 6716-17, para. 352, and 6813, para. 601.
 and the Commission held a special displacement window to allow such LPTV stations to request construction permits for new channels in the smaller broadcast television band. See Incentive Auction R&O, 29 FCC Rcd at 6835, para. 657; The Incentive Auction Task Force and Media Bureau Announce Procedures for Low Power Television, Television Translator and Replacement Translator Stations During the Post-Incentive Auction Transition, Public Notice, 32 FCC Rcd 3860 (IATF and MB 2017); Incentive Auction Task Force and Media Bureau Set Forth Tools Available to LPTV/Translator Stations Displaced Prior to the Special Displacement Window, Public Notice, 32 FCC Rcd 4943 (IATF and MB 2017); Incentive Auction Task Force and Media Bureau Announce Post Incentive Auction Special Displacement Window April 10, 2018, Through May 15, 2018, And Make Location and Channel Data Available, Public Notice, 33 FCC Rcd 1234 (IATF and MB 2018); Incentive Auction Task Force and Media Bureau Extend Post-Incentive Auction Special Displacement Window Through June 1, 2018, Public Notice, 33 FCC Rcd 3794 (IATF and MB 2018).
  The Spectrum Act also requires the Commission to reimburse full power and Class A broadcast television licensees for costs reasonably incurred in relocating to new channels assigned in the repacking process.  In 2018, Congress adopted the Reimbursement Expansion Act (REA), directing the Commission also to reimburse costs reasonably incurred by a eligible LPTV stations consistent with authorizations awarded in the special displacement window. 47 U.S.C. § 1452(k)(1).  See also LPTV Reimbursement R&O.
  Reimbursement of eligible relocation expenses is ongoing.
43. Given that the transition and reimbursement programs have established rules and procedures and that substantial progress has been made toward completion of the reimbursement process, we tentatively conclude that nothing in the LPPA or in implementation of the LPPA with a change in a station’s status from LPTV to Class A, or in the proposals herein, can or will affect the Commission’s work related to the Broadcast Incentive Auction.  We seek comment on this tentative conclusion.
E. Digital Equity and Inclusion.  
44. Finally, the Commission, as part of its continuing effort to advance digital equity for all, Section 1 of the Communications Act of 1934, as amended, provides that the FCC “regulat[es] interstate and foreign commerce in communication by wire and radio so as to make [such service] available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.”  47 U.S.C. § 151.
 including people of color, persons with disabilities, persons who live in rural or Tribal areas, and others who are or have been historically underserved, marginalized, or adversely affected by persistent poverty or inequality, invites comment on any equity-related considerations The term “equity” is used here consistent with Executive Order 13985 as the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.  See Exec. Order No. 13985, 86 Fed. Reg. 7009, Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (Jan. 20, 2021).
 and benefits (if any) that may be associated with the proposals and issues discussed herein.  Specifically, we seek comment on how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission’s relevant legal authority.
IV. PROCEDURAL MATTERS
45. Ex Parte Rules - Permit-But-Disclose.  The proceeding this NPRM initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. 47 CFR §§ 1.1200 et seq.
  Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies).  Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation.  If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum.  Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b).  In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).  Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.
46. Filing Requirements—Comments and Replies.  Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document.  Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).  See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
· Electronic Filers:  Comments may be filed electronically using the Internet by accessing the ECFS:  http://apps.fcc.gov/ecfs/.  
· Paper Filers:  Parties who choose to file by paper must file an original and one copy of each filing. 
· Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
o Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. 
o Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington, D.C. 20554.
· Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings.  This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020).
  
· During the time the Commission’s building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient.
47. Regulatory Flexibility Act.  The Regulatory Flexibility Act of 1980, as amended (RFA), See 5 U.S.C. § 603.
 requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” See id. § 605(b).
  Accordingly, we have prepared an Initial Regulatory Flexibility Analysis (IRFA) concerning the possible impact of potential rule and/or policy changes contained in this NPRM on small entities.  The IRFA is set forth in Appendix B.
48. Paperwork Reduction Act.  This document proposes new or modified information collection requirements.  The Commission, as part of its continuing effort to reduce paperwork burdens and pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13, invites the general public and the Office of Management and Budget (OMB) to comment on these information collection requirements.  In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. § 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees.
49. People with Disabilities.  To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530.
50. Additional Information.  For additional information on this proceeding, contact Kim Matthews, Kim.Matthews@fcc.gov, of the Policy Division, Media Bureau, (202) 418-2154, or Joyce Bernstein, Joyce.Bernstein@fcc.gov, of the Video Division, Media Bureau, (202) 418-1647.
V. ORDERING CLAUSES
51. Accordingly, IT IS ORDERED that, pursuant to the authority found in sections 1, 2, 4(i), 4(j), 303, 307, 309, 311, and 336(f) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i), 154(j), 303, 307, 309, 311, 336(f), and the Low Power Protection Act, Pub. L. 117-344, 136 Stat. 6193 (2023), this Notice of Proposed Rulemaking IS ADOPTED.
52. IT IS FURTHER ORDERED that the Commission’s Consumer and Government Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Act Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.

				FEDERAL COMMUNICATIONS COMMISSION




				Marlene H. Dortch
				Secretary

2

APPENDIX A
Proposed Rules

Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended to read as follows:

PART 73 – RADIO BROADCAST SERVICES

1.	The Authority citation for Part 73 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

2.	Section 73.6030 is adopted as follows.

§ 73.6030  Low Power Protection Act

(a) Definitions.  For purposes of the Low Power Protection Act, a low power television station’s Designated Market Area (DMA) shall be defined as the DMA where its transmission facilities (i.e., the tower or building on which its antenna is mounted) are located.  DMAs are determined by Nielsen Media Research and published in the Nielsen Local TV Station Information Report.  A low power television station shall be defined in accordance with § 74.701(k).

(b) Eligibility Requirements.  In order to be eligible for Class A status under the Low Power Television Protection Act, low power television licensees must: 
(1) have been operating in a DMA with not more than 95,000 television households as of January 5, 2023;
(2) have been broadcasting a minimum of 18 hours per day between October 7, 2022 and January 5, 2023;
(3) have been broadcasting a minimum of at least three hours per week of locally produced programming between October 7, 2022 and January 5, 2023; 
(4) have been operating in compliance with the Commission’s requirements applicable to low power television stations between October 7, 2022 and January 5, 2023;
(5) be in compliance with the Commission’s operating rules for full-power television stations from and after the date of its application for a Class A license; and
(6) demonstrate that the Class A station for which the license is sought will not cause any interference described in 47 U.S.C. 336(f)(7).  

(c) Application Requirements.  Applications for conversion to Class A status must be submitted using FCC Form 2100, Schedule F within one year beginning on the date on which the Commission issues notice that the rules implementing the Low Power Protection Act takes effect.  The licensee will be required to submit, as part of its application, documentation sufficient to support its certification that the licensee meets the eligibility requirements for a Class A license under the Low Power Protection Act.

(d) Licensing Requirements.  A Class A television broadcast license will only be issued under the Low Power Protection Act to a low power television licensee that files an application for a Class A Television license (FCC Form 2100, Schedule F), which is granted by the Commission.  

(e) Service Requirements.  Stations that convert to Class A status pursuant to the Low Power Protection Act are required to meet the service requirements specified in § 73.6001(b)-(d) of this chapter for the term of their Class A license.  In addition, such stations must remain in compliance with the programming and operational standards set forth in the Low Power Protection Act for the term of their Class A license.  In addition, such stations must continue to operate in DMAs with not more than 95,000 television households in order to maintain their Class A status.

(f) Other regulations.  From and after the date of applying for Class A status under the Low Power Protection Act, stations must comply with the requirements applicable to Class A stations specified in §§ 73.6001(b)-(d) and 73.6026 of this chapter for the term of their Class A license.
Except as otherwise provided in this paragraph (§ 73.6030), the regulations in Part 73, Subpart J of the Commission’s rules (§§ 73.6000 – 73.6029) shall apply to stations that apply to convert, and that convert, to Class A status pursuant to the Low Power Protection Act.  Stations that convert to Class A status pursuant to the Low Power Protection Act must comply with the requirements applicable to Class A stations specified in § 73.6026 of this chapter for the term of their Class A license.




	Federal Communications Commission	FCC 23-23


APPENDIX B

Initial Regulatory Flexibility Analysis

1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. §§ 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).  
 the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) concerning the possible significant economic impact on small entities by the policies and rules proposed in the Notice of Proposed Rulemaking (NPRM).  Written public comments are requested on this IRFA.  Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments provided on the first page of the NPRM.  The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). See 5 U.S.C. § 603(a).
  In addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register. See id.

A. Need for, and Objectives of, the Proposed Rules
2. The Commission initiates this rulemaking proceeding to implement the Low Power Protection Act (LPPA or Act) Low Power Protection Act, Pub. L. 117-344, 136 Stat. 6193 (2023) (LPPA).
, as enacted on January 5, 2023.  The LPPA provides certain low power television (LPTV) stations with a “limited window of opportunity” to apply for primary spectrum use status as Class A television stations. Id. at Sec.2(b).
  The NPRM also seeks comment on how to implement the window consistent with Congressional direction.
3. We tentatively conclude that the application window will be limited to the one year application window contemplated by the Act, and that an application filed for Class A status must demonstrate that the LPTV station operated in a Designated Market Area (DMA) with not more than 95,000 television households on January 5, 2023.  We also tentatively conclude that LPTV stations that convert to Class A status under the LPPA must comply with the interference protection standards set forth in section 336(f)(7) of the Communications Act of 1934, with the exception of those provisions that are now obsolete given the transition of all television stations from analog to digital operations.  We propose to apply the Commission’s recently updated definition of an LPTV station for purposes of determining which stations are eligible for Class A status under the LPPA and to codify in our rules the eligibility criteria set forth in the LPPA.  We also propose to implement provisions of the LPPA which provide that licenses issued to stations that convert to Class A status are subject to full power television station license terms and renewal standards, with certain exceptions, and that such licensees are required to remain in compliance with the LPPA’s eligibility requirements for the term of their Class A license.  We propose to evaluate Class A status to eligible LPTV stations as a modification of the station’s existing license.  We seek comment on our tentative conclusion that nothing in the LPPA, or in the proposals in the NPRM, affects the Commission’s work related to the Broadcast Incentive Auction.  Lastly, we seek comment on how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission’s relevant legal authority.
B. Legal Basis
4. The proposed action is authorized pursuant to sections 1, 2, 4(i), 4(j), 303, 307, 309, 311, and 336(f) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i), 154(j), 303, 307, 309, 311, 336(f) and the Low Power Protection Act, Pub. L. 117-344, 136 Stat. 6193 (2023).
C. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply
5. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. 5 U.S.C. § 603(b)(3).
  The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” Id. § 601(6).
  In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. Id. § 601(3) (incorporating by reference the definition of “small-business concern” in 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 term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.”  5 U.S.C. § 601(3).
  A small business concern is one which:  (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. 15 U.S.C. § 632.
  Below, we provide a description of such small entities, as well as an estimate of the number of such small entities, where feasible.
6. Television Broadcasting.  This industry is comprised of “establishments primarily engaged in broadcasting images together with sound.” See U.S. Census Bureau, 2017 NAICS Definition, “515120 Television Broadcasting,” https://www.census.gov/naics/?input=515120&year=2017&details=515120.
  These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public. Id.
  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 studio, from an affiliated network, or from external sources.  The SBA small business size standard for this industry classifies businesses having $41.5 million or less in annual receipts as small. See 13 CFR § 121.201, NAICS Code 515120 (as of 10/1/22 NAICS Code 516120). 
  2017 U.S. Census Bureau data indicate that 744 firms in this industry operated for the entire year. See U.S. Census Bureau, 2017 Economic Census of the United States, Selected Sectors: Sales, Value of Shipments, or Revenue Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code 515120, https://data.census.gov/cedsci/table?y=2017&n=515120&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePreview=false.
  Of that number, 657 firms had revenue of less than $25,000,000. Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard.  We also note that according to the U.S. Census Bureau glossary, the terms receipts and revenues are used interchangeably, see https://www.census.gov/glossary/#term_ReceiptsRevenueServices.
  Based on this data we estimate that the majority of television broadcasters are small entities under the SBA small business size standard. 
7. As of December 31, 2022, there were 1,375 licensed commercial television stations. Broadcast Station Totals as of December 31, 2022, Public Notice, DA 22-721 (rel. Jan. 11, 2022) (December 2022 Broadcast Station Totals PN), https://www.fcc.gov/document/broadcast-station-totals-december-31-2022. 
  Of this total, 1,282 stations (or 93.2%) had revenues of $41.5 million or less in 2021, according to Commission staff review of the BIAKelsey Media Access Pro Online Television Database (MAPro) on January 13, 2023, BIA Advisory Services, BIAKelsey Media Access Pro Online Television Database, http://www.biakelsey.com/data-platforms/media-access-pro (last visited on Jan. 13, 2023).
 and therefore these licensees qualify as small entities under the SBA definition.  In addition, the Commission estimates as of December 31, 2022, there were 383 licensed noncommercial educational (NCE) television stations, 383 Class A TV stations, 1,912 LPTV stations, and 3,122 TV translator stations. Broadcast Station Totals as of December 31, 2022, Public Notice, DA 22-721 (rel. Jan. 11, 2022) (December 2022 Broadcast Station Totals PN), https://www.fcc.gov/document/broadcast-station-totals-december-31-2022.
  The Commission, however, does not compile and otherwise does not have access to financial information for these television broadcast stations that would permit it to determine how many of these stations qualify as small entities under the SBA small business size standard.  Nevertheless, given the SBA’s large annual receipts threshold for this industry and the nature of these television station licensees, we presume that all of these entities qualify as small entities under the above SBA small business size standard.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities
8. In this section, we identify the reporting, recordkeeping, and other compliance requirements proposed in the NPRM and consider whether small entities are affected disproportionately by any such requirements.  In assessing the cost of compliance for small entities, at this time the Commission cannot quantify the cost of compliance with the proposed rules that may be adopted.  Further, the Commission is not in a position to determine whether, if adopted, the proposals and matters upon which we seek comment in the NPRM will require small entities to hire professionals to comply.  We expect the information we receive in comments, including cost information where requested, to help the Commission identify and evaluate relevant compliance matters for small entities, including compliance costs and other burdens that may result from potential changes discussed in the NPRM.
9. The LPPA requires that, to be eligible for Class A status, during the 90 days preceding the date of enactment of the LPPA an LPTV station must have broadcast a minimum of 18 hours/day and an average of at least 3 hours per week of programming produced within the “market area” served by the station LPPA Sec.2(c)(2)(B)(i)(I), 47 U.S.C. § 336(f)(2)(A)(i)(II).
  and have been in compliance with the Commission’s requirements for LPTV stations. LPPA Sec.2(c)(2)(B)(i)(I), 47 U.S.C. § 336(f)(2)(A)(i)(III).
  We propose to require that small and other applicants seeking to convert to Class A status under the LPPA be required to certify in their application for Class A status that they have complied with these eligibility requirements during the 90 days preceding the January 5, 2023 enactment of the statute.  We also propose to require applicants to provide documentation as part of their application supporting their certifications, and we propose that the Commission staff could also request additional documentation if necessary during consideration of the application.   
10. Beginning on the date of its application for a Class A license and thereafter, a station “must be in compliance with the Commission’s operating rules for full-power stations.” LPPA Sec.2(c)(2)(B)(i)(I); 47 U.S.C. § 336(f)(2)(A)(ii).
  We propose to apply to small and other applicants for Class A status under the LPPA, and to stations that are awarded Class A licenses under that statute, all Part 73 regulations except for those that cannot apply for technical or other reasons.  For example, Class A stations must comply with the requirements for informational and educational children’s programming, the political programming and political file rules, and the public inspection file rule.  The NPRM invites comment on this proposed approach.   
11. The LPPA requires that a station that converts to Class A status pursuant to the statute continue to meet the eligibility requirements of the LPPA during the term of the station’s Class A license.  To be eligible under the LPPA, in addition to other eligibility requirements, section 2(c)(2)(B)(iii) of the Act requires an LPTV station must “as of the date of enactment” of the LPPA operate in a DMA with not more than 95,000 television households. LPPA Sec.2(c)(2)(B)(iii).
  Section 2(c)(3)(B) of the Act, however, requires that stations that convert to Class A status under the LPPA “remain in compliance” with paragraph (2)(B) “during the term of the license.” LPPA Sec.2(c)(3)(B).
  We propose to interpret section 2(c)(3)(B) to require that stations that convert to Class A status, including small entities, remain in DMAs with not more than 95,000 television households in order to maintain their Class A status, and invite comment on this proposed interpretation.  In addition, licensed Class A stations must also continue to meet the minimum operating requirements for Class A status. 47 CFR § 73.6001(c).  
  Licensees unable to continue to meet the minimum operating requirements for Class A television stations, or that elect to revert to low power television status, must promptly notify the Commission, in writing, and request a change in status. Id. § 73.6001(d).  
  The NPRM also proposes that stations that convert to Class A status pursuant to the LPPA comply with all rules applicable to existing Class A stations, including interference requirements. 
12. The NPRM proposes to require small and other stations seeking to convert to Class A designation pursuant to the LPPA to submit an application to the Commission within one year of the effective date of the rules adopted in this proceeding.  The NPRM invites comment on whether the Commission should continue to accept applications to convert to Class A status under the LPPA beyond the one-year application period set forth in the statute and/or allow deviation from the strict statutory eligibility criteria under the statute.  
E. Steps Taken to Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered
13. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): “(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such 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 such small entities.” 5 U.S.C. § 603(c)(1)-(c)(4).

14. The NPRM seeks comment generally on its proposals implementing the LPPA’s statutory mandates.  In one area that may have a significant impact on small entities, the LPPA gives the Commission discretion to determine that “the public interest, convenience, and necessity would be served” by treating a station as a qualifying LPTV station, or that a station should be considered to qualify for such status “for other reasons determined by the Commission.” Section 336(f)(2)(B) provides that a station is a qualifying low-power television station if “(B) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission.”  47 U.S.C. § 336(f)(2)(B).  
  In light of this discretion, the NPRM invites comment on whether the Commission should continue to accept applications to convert to Class A status under the LPPA beyond the one-year application period set forth in the statute and/or allow deviation from the strict statutory eligibility criteria set forth in the statute, particularly when potential applicants are not able to file in a timely manner based on circumstances beyond their control.  The NPRM also considers whether the Commission should require small and other applicants to submit specific documents to support certification or whether we should give stations more latitude with respect to the types of documentation they submit with their application.  Providing this flexibility may reduce the economic burden for small entities.  Another action we take in the NPRM  which could reduce the economic impact for small entities is to seek comment on whether the Commission should deviate from our strict statutory eligibility criteria for small and other applicants where deviations of insignificant or compelling circumstance such as equity require a deviation.  In determining how an applicant will demonstrate whether they operate within a DMA required by the LPPA, we seek comment on whether we should use the Nielsen Local TV Station Information Report (Local TV Report) or consider requests to use other reputable alternative data sources to make this determination.  In the NPRM, we also invite comment on the all the proposed approaches and on any alternatives, which will provide the Commission additional information on possible steps that can be taken to minimize any significant impact on small entities.
F. Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rules
15. None.

2