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FCC Sets Digital
Transition Deadlines and Policies for Class A, Low Power Television, TV
Translator and TV Booster Stations. Sept. 1, 2011 –
Deadline To File Out-of-Core Displacement Applications Dec. 31, 2011 –
Deadline for Out-of-Core Channels To Transition Into Core Sept. 1, 2015 – Transition
Deadline By Which All Analog Operation Must Cease
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The FCC has released an
Order establishing deadlines and procedures to complete the digital
transition for all low power television stations, which consist of Class A,
LPTV, TV Translator, and TV Booster stations. Those deadlines and
procedures are summarized below: Out-of-Core
Displacement Application Deadline – September 1, 2011 All out-of-core low power
television stations operating in the 700 MHz band (i.e., those
operating on channels 52-69) must file displacement applications proposing operation
on an in-core digital channel (channels 2-51, excluding channel 37) by
September 1, 2011. Any displacement applications submitted by an
out-of-core station after September 1, 2011 will be dismissed. Out-of-Core
Transition Date – December 31, 2011 Low power television
stations must cease all operations, both analog and digital, on out-of-core
channels by December 31, 2011. The Media Bureau will prioritize
the processing of displacement applications filed by out-of-core low power
stations. The FCC will allow stations to obtain emergency STAs to begin
operating on their proposed in-core channel while awaiting
processing of their displacement applications. Deadline for Digital
Transition – September 1, 2015 All low power television
stations must cease analog service not later than September 1,
2015. Although the Commission had considered a deadline in 2012, this
plan was rejected due to concerns that it could require some low power
broadcasters to build multiple digital facilities, an initial facility to
comply with the out-of-core deadline in 2012 and a second one to take into
account any spectrum reallocation that occurs as a result of the FCC’s
National Broadband Plan. Extension of
Outstanding Construction Permits and “Last Minute” Extension Requests To assist low power
stations that need additional time to complete construction of their final
digital facilities, the Commission extended the construction deadline for all
outstanding low power television station digital construction permits to
September 1, 2015. The Commission also dismissed all pending
digital construction permit extension requests as moot. For low power stations
unable to covert prior to September 1, 2015, the Commission will
entertain, under an appropriate showing filed not later than May 1,
2015, a final six-month “last-minute” extension request to run until
March 1, 2016. However, low power station analog operations will
not be permitted beyond September 1, 2015 under any circumstance.
After May 1, 2015, the Commission will apply the more restrictive
“tolling” standards to all new and pending low power permits. We will
provide further information about those additional procedures as they become
relevant. VHF Channel Power
Increase Recognizing that many full
power television stations operating on VHF channels experienced reception
problems following the transition to digital operation, the Commission
modified its rules to permit low power television stations operating in
digital on VHF channels 2-13 to operate with up to 3 kilowatts, the
maximum analog power for such stations. The Commission declined to
increase the power limit for low power television stations operating on UHF
channels. Surrender of Channels The Commission adopted a
new requirement for stations that have not already taken steps to convert to
digital operation. Such stations must notify the FCC at least
30 days prior to the deadline of their decision either to flash cut
their existing facility from analog to digital operation on their current
channel or to surrender their analog station authorization and continue to
operate their digital companion channel. The Commission also reiterated
that no prior Commission approval is needed to terminate a station’s analog
operation. The Commission observed that each low power licensee is in
the best position to know when its audience has sufficiently transitioned to
digital, and, therefore, will allow a licensee – even once it has begun to
operate in digital – to cease analog in advance of the September 1, 2015
deadline or to continue to operate in analog until the deadline, as the
licensee believes is appropriate. Class A Television
Digital Transition The Commission will allow
Class A stations either to flash cut to digital on their analog channel or to
operate on their digital companion channel while preserving their primary,
protected status for the channel they choose to retain for digital
operation. Class A stations choosing to transfer their
Class A status from their analog channel to their digital companion
channel will be required to file an FCC Form 302-CA application for
Class A License and certify that their digital companion channel
facilities meet all of the Class A interference protection and
eligibility requirements. Class A stations seeking to flash cut
must also certify that their proposed post-transition digital facilities meet
all Class A interference protection and eligibility requirements on
their license application. Viewer Notice of
Analog Service Termination The Commission will require
all low power television stations to notify viewers before they terminate
analog service and transition to digital operation. Stations having the
technical ability to originate programming locally must provide an on-air
notice “at a time when the highest number of viewers is watching.”
Licensees will also be required to conduct an on-air educational campaign
about the digital transition, but specific minimum obligations in this regard
have not been established. Stations that do not have the technical
ability to originate programming locally, or conclude that airing viewer
announcements would pose a hardship, must notify their viewers through some
other reasonable means (such as by publication of a notice in a local
newspaper or by working with the originating station to insert a crawl or
service advisory for the affected communities). Stations that have
already terminated analog service are not subject to this requirement. Modification of the
Definition of a “Minor Change” of Facilities The Commission modified the
“minor change” rule applicable to low power television stations, which has
provided that low power television stations could file a modification
application as a “minor change” as long as there was any overlap
between the contour of the proposed facilities and the contour of the
station’s existing facilities. The Commission observed that this rule
could allow a station 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. Under the new definition, in addition to a
showing that the existing and proposed station contours overlap, to qualify
for minor change application processing treatment, the proposed transmitter
site must be no more than 30 miles (48 kilometers) from the
reference coordinates of the existing station’s antenna location; a change
beyond the 30 mile limit will be considered as a proposal for a “major
change” in facilities, requiring a filing window and imposing other
restrictions. Under appropriate circumstances where a site modification
is needed to avoid interference, displacement, or reallocation of a station’s
operating channel, waivers of the “major change” designation will be
considered on an expedited basis. Use of Full Power DTV
Emission Mask The Commission adopted a
proposal to allow low power television applicants to specify use of the full
power DTV emission mask to protect existing stations operating on first
adjacent channels. This change is designed to accommodate additional
LPTV stations and make more efficient use of the broadcast spectrum, as well
as to facilitate the implementation of the new “minor change” definition. Ancillary and
Supplementary Services The Commission revised its rules
to include low power television licensees and permittees operating pursuant
to an STA within the group of stations that must file an annual Ancillary and
Supplementary Services Report (FCC Form 317) and pay a fee equal to five
percent of the gross revenues the station derives from any ancillary or
supplementary services it provides. Unbuilt and Expired
Analog Construction Permits The Commission adopted a
new restrictive policy applicable to stations with construction permits for
both an unbuilt analog facility and an unbuilt digital companion channel
which specifies that if the analog permit expires and is forfeited, the
digital construction permit is also forfeited, even if the digital permit had
a later expiration date. However, if such a station completes its
digital facilities, begins to operate them, and files an application for a
digital license, the station is permitted to forego construction of its
unbuilt analog station so long as construction of the digital facility is
completed before the expiration of the analog permit. Antenna Vertical
Radiation Patterns The Commission revised its
rules to allow applicants to specify actual vertical pattern relative field
values on a voluntary basis, and licensees and permittees may submit actual
vertical patterns for existing facilities by filing a minor change
application. This revision reverses an historic concern that the use of
assumed vertical antenna patterns affected the accuracy of service areas and
interference predictions. If an applicant or licensee chooses not to
take advantage of this option, the Commission will continue to rely on the
assumed vertical patterns specified in the rules. If a conflict arises
between actual and assumed antenna patterns, the Commission will continue to
consider alternative showings in waiver requests from the parties to address
the matter. If you need any additional
information about the issues raised in this memo or
the rules governing the digital transition for low power television stations,
please contact your primary attorney in our office. July 20, 2011 |
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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 © 2011, Lerman Senter PLLC 2000 K Street NW,
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