Changes and Opportunities Coming for LPTV, Class A, and TV Translator Stations

The FCC has taken several actions directed at low power television (LPTV), Class A, and television translator stations.

On August 20, 2024, the FCC will lift its freeze on major modification applications to permit LPTV, Class A, and translator stations to file major modification requests to change channels. Other major changes – such as moves greater than 30 miles or not involving protected contour overlap – will not be permitted, although the FCC indicated it will eventually lift the freeze on all major changes and will also accept applications for new LPTV and TV translator stations.

The FCC has also opened a one-year window for eligible LPTV stations to apply for Class A status. LPTV stations that convert to Class A will receive primary station status and interference protection. Qualifying LPTV stations must meet the requirements of the Low Power Protection Act. These stations must:

• Have operated in a Designated Market Area with fewer than 95,000 television households as of January 5, 2023.
• Have broadcast a minimum of 18 hours per day between October 7, 2022 and January 5, 2023.
• Have broadcast a minimum of three hours per week of locally produced programming between October 7, 2022 and January 5, 2023.
• Have operated in compliance with the FCC’s low power television requirements between October 7, 2022 and January 5, 2023.
• Comply with the FCC’s operating rules for full power television stations from and after the date of application for a Class A license.
• Show that the proposed Class A station will not cause prohibited interference.

Applicants will need to provide a statement concerning the qualifying station’s operating schedule during the 90 days before January 5, 2023, and a list of locally produced programs aired during that time period. Qualifying LPTV stations have until May 30, 2025 to apply for Class A status.

The FCC is considering whether to require certain LPTV stations – those affiliated with the top four broadcast networks (ABC, CBS, FOX, and NBC) – to maintain online public inspection files (OPIFs) like full power and Class A stations. The FCC’s reasoning is that these LPTV stations provide services comparable to full power and Class A stations and carry programming that is likely to be widely viewed. The FCC estimates that 2% of LPTV stations are affiliated with one of the top four networks.

The FCC also wants to clarify other aspects of its LPTV rules, including:

• Explicitly applying to LPTV stations the requirement to maintain station records for public inspection.
• Explicitly applying the FCC’s political broadcasting rules to LPTV stations.
• For Class A stations, requiring a certification of continuing Class A compliance to be uploaded to OPIFs on a quarterly basis.
• Requiring LPTV, translator, and Class A stations to specify a community of license with a boundary that at least partially overlaps the station’s service contour.
• Requiring LPTV stations to operate at least 14 hours per calendar week. Test patterns, slides, and still pictures will not count.
• Requiring stations to file license modifications before changing designations from LPTV to TV translator or vice versa.
• Requiring LPTV and Class A stations to use call signs that consist of four letters plus an “-LD” suffix for LPTV stations or a “-CD” suffix for Class A stations, and TV translators to use call signs with a “K” or “W” prefix followed by the station’s channel number and two additional letters, plus a “-D” suffix.

For more information about these new requirements and proposals, or about low power television broadcasting in general, contact an attorney in our Media practice group.