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FCC Proposes 2012
DTV Transition Deadline for Analog Class A, LPTV and TV Translator Stations Comment
Deadline: Sixty Days Following Publication In The Federal Register |
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The FCC has released a
Further Notice of Proposed Rulemaking (“FNPRM”) seeking comments on proposed
deadlines and procedures for Class A, low power television (“LPTV”) and TV translator
stations (collectively, “low power television stations”) to cease
over-the-air analog broadcasting and complete the transition to digital
operations. In light of the completion of the DTV transition for
full-power television stations on June 12, 2009 and the National Broadband
Plan’s recommendation that certain spectrum within the broadcast TV bands be
reallocated for use in the provision of mobile broadband services, the FCC
has concluded that low power television stations must now focus on the
development and implementation of digital conversion plans. Analog
Shutoff Date. The FCC has proposed
that low power television stations be required to terminate analog service by
2012, and seeks comments on whether a 2012 deadline would provide low power
television stations that are still operating in analog sufficient time to
complete the digital conversion, and the specific date in 2012 by which that
conversion should be completed. The FCC also seeks comments on how to
address “hardship” cases for those stations that, despite their best efforts,
are unable to complete the transition by the analog shutoff date, and whether
to permit stations located in communities that rely solely on over-the-air
service additional time to complete the digital transition. The
FCC acknowledged that adopting an analog shutoff date prior to the completion
of the spectrum reallocation contemplated by the National Broadband Plan
could force low power television stations to incur the costs of a second
transition to an alternative channel if their original channel becomes
unavailable. For this reason, the FCC inquires whether it would be more
appropriate to establish an analog termination date by the end of 2015 or
after the recommended reallocation of spectrum from the broadcast TV band is
complete. To encourage the relocation of low power television stations
to the underutilized VHF band, the FCC seeks comments on whether to permit
such stations to operate digitally on VHF channels at higher power levels
than currently authorized. Out-of-Core
Transition Date. The FCC has
determined that the 700 MHz band (channels 52-69) must be cleared of low
power television station users (both analog and digital) by a specified date
so that new commercial wireless and public safety entities can continue to
deploy their services. As an initial matter, the FCC has tentatively
concluded that its interim measure of allowing low power television stations
to specify channels 52-69 for digital facilities is no longer necessary and
proposes that low power television stations must cease all operations (both
analog and digital) on those channels by December 31, 2011 (the
“out-of-core transition date”). In order to ensure that the 700 MHz
band is cleared in an orderly fashion and that existing stations have
sufficient time to secure an in-core channel (channels 2-51, excluding
channel 37) by that date, the FCC proposes to require that all low power
television stations operating on channels 52-69 file a digital displacement
application for an in-core channel by June 30, 2011. Low power
television stations that cannot identify a workable in-core channel and file
a displacement application by that deadline would be required to cease
operations by the out-of-core transition date. The FCC seeks comments
on how to address “hardship” cases for those stations that, despite their
best efforts, are unable to identify an in-core channel and file the required
displacement application by the deadline. The FCC also proposes to
extend the notification and service termination procedures in Section
74.703(g) to analog LPTV and TV translator stations in the 700 MHz
band. Under these procedures, a primary wireless licensee in the 700
MHz band may notify an analog LPTV or TV translator station of its intent to
initiate or change operations and upon receipt of that notice, the affected
LPTV or TV translator station must cease operations within 120 days, unless
it obtains the consent of the primary licensee to continue operations. Filing
Freeze. The FCC has imposed a
filing freeze on the filing of (1) applications for new analog LPTV and
TV translator stations; and (2) applications for new or modified, analog
or digital, low power television stations on channels 52-69, including
applications for flash-cut and digital companion channel facilities on those
channels. However, the Media Bureau will consider, on a case-by-case
basis, requests for waiver of the filing freeze when an application is
necessary or otherwise in the public interest for technical or other reasons
to maintain quality service to the public. Surrender
of Channels. Stations issued a
digital channel as a paired companion to the station’s analog channel must
eventually surrender one of those channels. At the end of their digital
transition, low power television stations may choose to continue operating on
their digital companion channel and return the license for their analog
channel, or flashcut to digital operation on their analog channel. For
stations choosing to surrender their analog license and operate on their
digital companion channel, the FCC seeks comment on whether to allow stations
to make this election by simply notifying the FCC, and to allow the Media
Bureau to determine the timetable and procedures for doing so. If an
entity holds a construction permit for an unbuilt analog and companion
digital station and the analog construction permit has expired, the FCC
proposes that the paired digital companion channel be forfeited. The
FCC seeks comment on how to address the situation where a digital companion
channel station has been constructed but the construction permit for the
paired unbuilt analog station has expired. Finally, the FCC seeks
comment on whether low power television stations should be required to
provide notice to viewers of their upcoming transition to digital operation,
where technically feasible, or whether such a requirement would impose undue
burdens on such stations or is unnecessary in light of the completion of the
full-power DTV transition. Class
A Television Transition to Digital.
Class A stations are guaranteed primary status on the channel they ultimately
choose to retain for digital operations. In order to secure primary,
protected status on their chosen channel, the FCC proposes that Class A
stations file minor change applications either to flashcut to digital on
their current analog channel or to operate on their digital companion channel
for post-transition operations. The FCC also proposes that Class A
applicants certify on their applications that their proposed facilities meet
all Class A interference protection requirements. Ancillary
and Supplementary Services. Currently,
licensees of digital low power television stations that provide ancillary and
supplementary services on a subscription basis are subject to an annual fee
of 5% of the station’s gross revenue from the subscription service. The
FCC has proposed to extend that requirement to include permittees of digital
low power televisions stations operating pursuant to an STA or other
authorization. Definition
of Minor Change. Currently, an
existing low power television station can file any modification application
(both analog and digital) as a “minor change” as long as there is some
contour overlap between the proposed and existing facilities. According
to the FCC, low power television stations are able to frustrate the intent of
the minor change rule by proposing a modified facility that is a substantial
distance from the station’s existing location upon a showing of only a very
small degree of contour overlap. To rectify this issue, the FCC
proposes to limit minor change applications for low power television stations
to changes in transmitter sites of no more than 30 miles (48 km). Additional
Technical Proposals. The FCC seeks
comments on the following technical issues for digital low power television
stations: * Whether
to evaluate proposed digital low power television facilities using actual
vertical antenna patterns instead of assumed vertical antenna patterns, which
may differ substantially from actual vertical patterns; * Whether
the current power levels and interference protection criteria for digital low
power television stations are appropriate to ensure that post-transition
service will be of an estimable quality, and if not, what modifications are
needed. * Whether
to adopt rules allowing the use of full-power DTV emission masks by low power
television stations. Comments
in this proceeding are due sixty days after publication of the FNPRM in the
Federal Register, with reply comments due ninety days after Federal Register
publication. If you have any questions concerning the proposed
deadlines and procedures for the low power television station digital
transition, or wish to file comments in this proceeding, please contact your
primary attorney in this office. October 4, 2010 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2010, Lerman Senter PLLC 2000 K Street NW,
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