[Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5387]


[[Page Unknown]]

[Federal Register: March 9, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

 

Low Power Television and Television Translator Filing Window

AGENCY: Federal Communications Commission.

ACTION: Notice of filing window.

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SUMMARY: This action gives notice of an application filing window for 
the tendering of applications for new construction permits and for 
major changes in existing facilities for low power television and 
television translator stations. The filing window will be subject to 
certain geographic restrictions on the filing of applications for new 
low power television and television translator station construction 
permits. This notice sets forth the geographic restrictions and the 
filing procedures, including when and where to file and the applicable 
application form to be used, and information concerning application 
filing fees.

DATES: Applications will be accepted for filing from April 11, through 
April 15 1994.

FOR FURTHER INFORMATION CONTACT:
Keith A. Larson or Molly Fitzgerald, Low Power Television Branch, Mass 
Media Bureau (202) 632-3894.

SUPPLEMENTARY INFORMATION:

Limited Low Power Television/Television Translator Filing Window From 
April 11, 1994 Through April 15, 1994

March 3, 1994.
    Commencing April 11, 1994, and continuing to and including April 
15, 1994, the Commission will permit the filing of applications for new 
construction permits and for major changes in existing facilities for 
low power television and television translator stations (LPTV).

Filing Locations

    All LPTV applications that are subject to the payment of a fee must 
be filed at the Pittsburgh, Pennsylvania locations specified herein. 
Those LPTV applicants that are fee exempt, as explained later in this 
Public notice, must file their applications directly with the Federal 
Communications Commission at the location specified herein.

Geographic Restrictions

    This filing window is subject to geographic restrictions on the 
filing of applications for new station construction permits. The 
Commission will permit only new station applications that specify 
transmitting antenna site coordinates (geographic latitude and 
longitude) located more than 161 kilometers (100 miles) from the 
reference coordinates of the cities listed in Attachment I to this 
notice. These restrictions are necessitated by the Commission's 
proceeding on Advanced Television Systems (ATV) and the large number of 
low power television and television translator stations already 
authorized in and around these metropolitan areas.\1\
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    \1\In 1987, the Commission imposed a freeze on full-service 
television applications and allotments in the vicinity of these 
urban areas. 52 FR 28346 (July 29, 1987). This freeze did not apply 
to low power TV and TV translator applications. The Commission then 
reasoned that, because of their secondary status, continued 
authorizations of these stations would not restrict its spectrum 
planning options in the ATV proceeding. See also First Report and 
Order in the ATV proceeding, MM Docket No. 87-268, 5 FCC Rcd 5627 
(1990). Since then, however, numerous low power TV and TV translator 
stations have been authorized in and around these urban areas; areas 
for which available broadcast spectrum for future ATV systems is 
most limited. It is possible that some of these secondary stations 
may be displaced in channel if and when the spectrum is needed by 
full-service TV stations for ATV use. The restriction against 
additional new stations in and around these urban areas is intended 
to minimize the extent to which low power TV and TV translator 
service to the public may be disrupted. In this regard, low power TV 
and TV translator stations continue to have secondary status with 
regard to the introduction of ATV service. The geographic 
restrictions herein are comparable to those imposed in the 1987 
television freeze; taking into account the typical differences in 
levels of full-service TV and low power TV station operating power.
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    Applications for new stations that specify sites within the 
restricted areas, except as provided below, will be considered 
unacceptable for filing and will be returned to applicants without 
refund of any fee required to be submitted with their applications. The 
Commission will consider requests for waiver of the geographic 
restrictions based on terrain shielding. Such waivers will be granted 
only in cases where applicants demonstrate that their proposed 
facilities are completely shielded by terrain barriers from the 
applicable television market areas.\2\ The spectrum requirements for 
ATV systems will weigh heavily against the granting of requests for 
waiver of the restrictions based on reasons other than terrain 
shielding. Geographic restrictions will not apply to the filing of 
applications for major changes in authorized facilities or in 
construction permit applications now pending at the Commission. Major 
change applications may be filed in this window for all station 
locations.\3\
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    \2\Through this extension of the Commission's policy on terrain 
shielding (see Policy Statement, 3 FCC Rcd 2664, reconsideration 
granted in part, 3 FCC Rcd 7105 (1988)), opportunities will not be 
foreclosed for additional low power TV and TV translator service in 
locales that are completely insulated from the applicable urban TV 
markets due to substantial terrain obstructions; for example, large 
mountain ranges in the Western States. Requests for terrain-related 
waivers must be supported by detailed profiles of the terrain in all 
pertinent directions toward the applicable urban market areas. 
Profiles should be prepared in accordance with the guidelines given 
in the Commission's terrain Policy Statement. In the context of 
geographic filing restrictions, the scope of terrain shielding 
waivers will not be limited to those applications that are not 
mutually exclusive with other applications. Prospective applicants 
are cautioned that such waivers will not be granted in cases where 
proposed facilities are only partially shielded from the list market 
areas or in cases of marginal terrain shielding; for example, due to 
rolling hills.
    \3\The need for major changes in authorized facilities often is 
compelled by unforeseen and unavoidable circumstances such as the 
loss or unsuitability of a station's antenna site. Commission 
authorization of such changes may be vital to preserving an existing 
low power TV or TV translator service. Allowance for major changes 
also will facilitate the construction and operation of unbuilt and 
planned stations for which considerable resources may have been 
expended. Fairness dictates that station projects now underway be 
given the opportunity to be completed.
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Five-Application Limit

    No more than five (5) applications for new low power television or 
television translator stations may be tendered for filing by any 
applicant, or by any individual or entity having an interest of one 
percent (1%) or greater in any applicant(s) filing in the April 11-
April 15, 1994, window. This restriction does not apply to major change 
applications.

Applications Requiring a Fee

    Generally, applicants seeking to construct a new low power 
television or television translator station or to make a major change 
in the facilities of an existing low power television or television 
translator station are required to pay and submit a fee with the filing 
of the application. Such applicants must complete and attach to their 
original applications the Fee Processing Form (FCC Form 155) and a 
remittance of $425.00 for the requisite fee. The February 1988 edition 
of FCC Form 346 is to be used during this window period.\4\ See 53 Fed. 
Reg. 15225 (April 28, 1988). FCC Forms 346 and 155 can be obtained by 
calling the FCC's Forms Distribution Center at Telephone No. (202) 632-
FORM and leaving your request on the answering machine provided for 
this purpose.
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    \4\OMB has approved a revised Form 346. However, since the 
revised form is not yet available, the February 1988 edition of Form 
346 remains in use.
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    For applications requiring a fee, the Commission will utilize the 
facilities of a Treasury Department lockbox bank. These filings can be 
made, either by mail or by person, at the following locations only:

If mailed--Federal Communications Commission, Low Power Television 
Window Filing, P.O. Box 358992, Pittsburgh, PA 15251-5992.
If hand-delivered--Federal Communications Commission, Low Power 
Television Window Filing, Three Mellon Bank Center, 525 William Penn 
Way, Pittsburgh, PA 15259, Attn: Wholesale Lockbox Shift Supervisor.

    Mailed applications must be actually received no later than April 
15, 1994. Hand-carried or couriered applications can be delivered at 
the Three Mellon Bank Center location at any time during the window 
period up through 11:59 p.m. on Friday, April 15, 1994. Submissions 
tendered after 11:59 p.m. on Friday, April 15, 1994, will not be 
accepted. Detailed instructions to get to this location are included in 
this Public notice as Attachment II. An original and two copies of the 
application and all required exhibits must be filed. To facilitate the 
initial processing of these applications, all applicants are requested 
to enclose in a single envelope the original and duplicate copies of 
the application, with each duplicate copy clearly denoted by the 
applicant. Where more than one new station or major change application 
is being filed, separate envelopes enclosing the individual application 
(i.e., an original and two copies) can be mailed in a single package. 
Receipts will not be provided by the lockbox bank facility. However, a 
``stamp receipted copy'' will be furnished by the lockbox bank facility 
provided the applicant clearly identifies the copy to be stamped, and 
the filing is submitted with the ``stamp receipted copy'' on top of the 
original application package. Requests for ``stamp receipted copies'' 
must include a stamped, self-addressed envelope of sufficient size to 
accommodate the stamp receipted copy to be returned. If the ``stamp 
receipted copy'' is submitted in any other format or the envelope is 
not of sufficient size, it will not be stamped and returned. For hand-
carried or couriered applications delivered to the Three Mellon Bank 
Center location, bank personnel, if requested in person, will date 
stamp as received a proffered copy of the application and return it to 
the requester. Only one piece of paper per individual application will 
be stamped for receipt purposes.
    As noted above, a separate fee payment of $425.00, attached (but 
not stapled) to the Fee Processing Form (Form 155) of each original 
application, must be submitted for each new station or major change 
application filed during this window. Applicants required to submit the 
Fee Processing Form are instructed to enter ``MOL'' as the Fee Type 
Code in response to Column (A) of section I of that form. The Fee 
Multiple for applicants in this low power television window is ``0001'' 
and that number should be entered in Column (B), section I, FCC Form 
155. A single fee payment for multiple applications will not be 
accepted.
    Payment of the required fee can be made by check, bank draft or 
money order payable to the Federal Communications Commission, 
denominated in U.S. dollars, and drawn upon a U.S. financial 
institution. No postdated, altered or third-party checks will be 
accepted. Also, checks six months or older will not be accepted. Do not 
send cash.
    Applications submitted without a required Fee Processing Form, with 
insufficient or inappropriate payments, or without any payments will be 
dismissed and returned to the applicant without processing. See section 
1.1107 of the Commission's Rules. Following the fee review process, 
applications that are found to be patently defective, not ``complete 
and sufficient,'' or filed on an obsolete edition of the FCC Form 346 
will be rejected and returned to the applicant.

Applications Not Requiring a Fee

    Governmental entities are exempt from the $425.00 fee. As defined 
by the Commission's rules, governmental entities include ``any 
possession, state, city, county, town, village, municipal corporation 
or similar political organization or subpart thereof controlled by 
publicly elected and/or duly appointed public officials exercising 
sovereign direction and control over their respective communities or 
programs.'' Also exempted from this fee are noncommercial educational 
FM and full-service television broadcast station licensees seeking to 
make major changes in the facilities of their existing low power 
television or television translator stations or to construct new low 
power television or television translator stations, provided those 
stations operate or will be operated on a noncommercial educational 
basis. A licensee or permittee of a low power television or television 
translator station, which is filing a major change application and 
which earlier obtained either a fee refund because of a NTIA facilities 
grant for that station or a fee waiver because of demonstrated 
compliance with the eligibility and service requirements of section 
73.621 of the Commission's Rules, is similarly exempt from payment of 
the $425.00 fee. See section 1.1112 of the Commission's Rules. To avail 
itself of any fee exemption an applicant must indicate its eligibility 
by checking the most appropriate box on page 1 of FCC Form 346 
(February 1988 edition). Again, the FCC Form 346 can be obtained by 
calling the FCC Forms Distribution Center at Telephone No. (202) 632-
FORM.
    Filing of LPTV windows applications not requiring the payment of a 
fee can be made either by mail or by person, at the following locations 
only:

If mailed--Federal Communications Commission, Low Power Television 
Window Filing, room 222, 1919 M Street NW., Washington, DC 20554.
If hand-delivered--Federal Communications Commission, Secretary's 
Office, room 222, 1919 M Street NW., Washington, DC 20554.

    Mailed applications must be actually received no later than April 
15, 1994. Hand-carried or couriered applications can be delivered daily 
during the filing window at the Secretary's Office from 8 a.m. to 5:30 
p.m. Applications tendered after 5:30 p.m. on Friday, April 15, 1994, 
will not be accepted.
    For further information concerning the filing window, contact Keith 
A. Larson or Molly Fitzgerald, Low Power Television Branch, Mass Media 
Bureau at Telephone No. (202) 632-3894.

Attachment I--Reference Coordinates for Areas Not Eligible for New 
Station Applications (Source of Coordinates: Section 76.53 of FCC 
Rules)

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                                               Latitude\2\              
                                                            Longitude\2\
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New York, NY.................................     40-45-06      73-59-39
Los Angeles, CA..............................     34-03-15     118-14-28
Chicago, IL..................................     41-52-28      87-38-22
Philadelphia, PA.............................     39-56-58      75-09-21
San Francisco, CA............................     37-46-39     122-24-40
Boston, MA...................................     42-21-24      71-03-25
Detroit, MI..................................     42-19-48      83-02-57
Dallas, TX\1\................................     32-47-09      96-47-37
Ft. Worth, TX\1\.............................     32-44-55      97-19-44
Washington, DC...............................     38-53-51      77-00-33
Houston, TX..................................     29-45-26      95-21-37
Cleveland, OH................................     41-29-51      81-41-50
Pittsburgh, PA...............................     40-26-19      80-00-00
Seattle, WA\1\...............................     47-36-32     122-20-12
Tacoma, WA\1\................................     47-14-59     122-26-15
Miami, FL....................................     25-46-37      80-11-32
Atlanta, GA..................................     33-45-10      84-23-37
Minneapolis, MN\1\...........................     44-58-57      93-15-43
St. Paul, MN\1\..............................     44-56-50      93-05-11
Tampa, FL....................................     27-56-58      82-27-26
St. Petersburg, FL\1\........................     27-46-18      82-38-16
Saint Louis, MO..............................     38-37-45      90-12-22
Denver, CO...................................     39-44-58     104-59-22
Sacramento, CA\1\............................     38-34-57     121-29-41
Stockton, CA\1\..............................     37-57-30     121-17-16
Indianapolis, IN.............................     39-46-07      86-09-46
Hartford, CT\1\..............................     41-46-12      72-40-49
New Haven, CT\1\.............................     41-18-25      72-55-30
Portland, OR.................................     45-31-06     122-40-35
Milwaukee, WI................................     43-02-19      87-54-15
Cincinnati, OH...............................     39-06-07      84-30-35
Kansas City, MO..............................     39-04-56      94-35-20
Charlotte, NC................................     35-13-44      80-50-45
Nashville, TN................................     36-09-33      86-46-55
Columbus, OH.................................     39-57-47      83-00-17
New Orleans, LA..............................     29-56-53      90-04-10
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1City is part of a hyphenated television market.                        
\2\Degrees-minutes-seconds.                                             

Attachment II

Directions to Three Mellon Bank Center

From Greater Pittsburgh International Airport and Interstate 79
    Proceed east on Parkway (Interstate 279) towards downtown 
Pittsburgh. Go through the Fort Pitt tunnels and across the Fort Pitt 
Bridge. Follow signs to Parkway East (Monroeville). Travel 
approximately \1/4\ of a mile to the Grant Street Exit (Exit 3). 
Proceed on Grant Street to 6th Street. Make a left on 6th Street, go 
one block, make another left onto William Penn Way. The street address 
is 525 William Penn Way. Enter building at designated entrance and 
follow signs.
From Pennsylvania Turnpike
    Take Exit 6 (Monroeville) to Parkway (Interstate 376). Go west on 
Parkway to the Grant Street Exit (Exit 3). Proceed on Grant Street to 
6th Street. Make a left on 6th Street, go one block, make another left 
onto William Penn Way. The street address is 525 William Penn Way. 
Enter building at designated entrance and follow signs.
Parking
    Parking is available in several parking garages which are within 
two blocks of Three Mellon Bank Center. Kaufman Department Store garage 
is located on Smithfield Street; and Mellon Square Garage is on 6th 
Avenue (across from the Alcoa Building). There is also a loading area 
located behind One Mellon Bank Center on Ross Street.

Federal Communications Commission.
Keith A. Larson,
Chief, Low Power Television Branch.
[FR Doc. 94-5387 Filed 3-8-94; 8:45 am]
BILLING CODE 6712-01-M