[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6918-6919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3312]


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FEDERAL COMMUNICATIONS COMMISSION

[DA-03-46]


Freeze on the Filing of TV and DTV ``Maximization'' Applications 
in Channels 60-69

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces an immediate freeze on the filing of 
``maximization'' applications, as defined further, by analog and 
digital television broadcast stations in the 746-806 MHz spectrum band, 
currently comprising television channels 60-69. Imposition of an 
immediate freeze will ensure that new maximization applications are not 
filed in this band in anticipation of future limitations, thus 
defeating the administrative purpose of the freeze.

ADDRESSES: 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Policy Division, Media 
Bureau, Federal Communications Commission, (202) 418-2120.

[[Page 6919]]


SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Public Notice (``PN''), DA 03-46, adopted and released January 24, 
2003. The complete text of this NPRM is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
CY-A257, 445 12th Street, SW., Washington, DC and may also be purchased 
from the Commission's copy contractor, Qualex International, Portals 
II, 445 12th Street SW., Room CY-B-402, Washington, DC 20554, telephone 
(202) 863-2893, facsimile (202) 863-2898, or via e-mail: 
[email protected].

Synopsis of Public Notice

    1. Beginning immediately, and until further notice, the Commission 
will not accept for filing modification applications that would 
increase a television broadcast station's analog or DTV service area in 
the 746-806 MHz spectrum band, currently comprising television channels 
60-69, in one or more directions beyond the combined area resulting 
from the station's parameters as defined in the following: (1) The DTV 
Table of Allotments; (2) Commission authorizations (license and/or 
construction permit); and (3) applications on file with the Commission 
prior to release of this Public Notice. Since July 7, 1998, the 
Commission has not accepted requests for modifications for analog 
stations on channels 60-69 that would result in an overall increase in 
the service area of the station. The policy we announce herein does not 
alter this existing policy. The Commission will continue to process 
applications on file as of the date this Public Notice is released. The 
Commission may consider, on a case by case basis and consistent with 
the public interest, amendments to those applications, for example, to 
resolve interference with other stations or pending applications or 
resolve mutual exclusivity with other pending applications.
    2. The Commission has reallocated and is in the process of 
recovering channels 60-69 in order to provide spectrum for use by other 
services, particularly public safety and other land mobile services, 
and is in the process of considering other issues relating to DTV 
service maximization as part of its periodic reviews of the digital 
television conversion process. Portions of these channels have already 
been licensed to Guard Band and Public Safety entities. Prohibiting the 
filing of new maximization applications in this band will protect these 
newly licensed entities from shifts or expansion in existing broadcast 
service, and will facilitate the eventual clearing of this spectrum and 
the auction of the commercial portions of the spectrum. Imposition of 
an immediate freeze will ensure that new maximization applications are 
not filed in this band in anticipation of future limitations, thus 
defeating the administrative purpose of the action herein.
    3. Consistent with existing policy, the Bureau will consider, on a 
case-by-case basis, requests for waiver of this freeze where the 
modification application: (1) Would permit co-location of transmitter 
sites in a market in circumstances consistent with the Commission's 
policy of encouraging co-location to reduce the cost of construction, 
particularly of DTV facilities, or to achieve more efficient spectrum 
use; or (2) is necessary or otherwise in the public interest for 
technical or other reasons to maintain quality service to the public, 
such as where zoning restrictions preclude tower construction at a 
particular site or where unforeseen events, such as extreme weather 
events or other extraordinary circumstances, require relocation to a 
new tower site. As with any request for waiver of our rules, a request 
for waiver of the freeze imposed in this Notice will be granted only 
upon a showing of good cause and where grant of the waiver will serve 
the public interest.
    4. The decision to impose this freeze is procedural in nature and 
therefore the freeze is not subject to the notice and comment and 
effective date requirements of the Administrative Procedure Act. See 5 
U.S.C. 553(b)(A), (d); Kessler v. FCC, 326 F. 2d 673 (D.C. Cir. 1963). 
Moreover, there is good cause for the Commission's not using notice and 
comment procedures in this case, or making the freeze effective 30 days 
after publication in the Federal Register, because to do so would be 
impractical, unnecessary, and contrary to the public interest because 
compliance would undercut the purposes of the freeze. See 5 U.S.C. 
553(b)(B), (d)(3).
    5. This action is taken by the Chief, Media Bureau pursuant to 
authority delegated by Sec.  0.283 of the Commission's rules.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-3312 Filed 2-10-03; 8:45 am]
BILLING CODE 6712-01-P