[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2164-2165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-467]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 04-2446]


Freeze on the Filing of Certain TV and DTV Requests for Allotment 
or Service Area Changes

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces an immediate freeze on the filing of 
certain requests by analog and digital television broadcast stations 
for changes to existing DTV and analog TV service areas and channels. 
This freeze will assist the Commission in the process of implementing a 
channel election and repacking process that will assign to eligible 
television broadcasters a post-transition DTV channel in the core 
television spectrum (i.e., channels 2-51).

DATES: The Freeze became effective on August 3, 2004.

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

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

SUPPLEMENTARY INFORMATION: Beginning immediately, and until further 
notice, the Commission will not accept for filing certain requests by 
analog and digital television broadcast stations for changes to 
existing DTV and analog TV service areas and channels. Specifically, 
until further notice, the Commission will not accept for filing the 
following:
     Petitions for rulemaking to change DTV channels within the 
DTV Table of Allotments.
     Petitions for rulemaking for new DTV allotment 
proceedings.
     Petitions for rulemaking to swap in-core DTV and NTSC 
channels.
     Applications to change DTV channel allotments among two or 
more licensees.
     Petitions for rulemaking by licensees/permittees to change 
NTSC channels or communities of license.
     Television modification applications that would increase a 
station's DTV service area in channels 2-51 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 the freeze 
public notice; and television modification applications that would 
increase a station's analog service area in channels 2-51 in one or 
more directions beyond the combined area resulting from the station's 
parameters as defined in the following: (1) Commission authorizations 
(license and/or construction permit) and (2) applications on file with 
the Commission prior to release of the freeze public notice. The Bureau 
may consider, on a case by case basis and consistent with the public 
interest, amendments to those applications to, for example, resolve 
interference with other stations or pending applications or to resolve 
mutual exclusivity with other pending applications. In earlier public 
notices, we have frozen maximization applications for channels 52-59 
and 60-69.
     Class A station displacement applications and applications 
for coverage changes that would serve any area that is not already 
served by that Class A station's authorized facilities. As an exception 
to this freeze, on-air Class A stations demonstrating that they face 
imminent disruption of service may

[[Page 2165]]

request Special Temporary Authority (STA) to continue operations. 
Displacement applications filed by out-of-core LPTV stations that have 
been deemed Class A-eligible requesting to move to an in-core channel 
where Class A authority could be granted will not be acted on during 
this freeze, but for such stations, immediate non-Class A LPTV 
displacement relief may be requested through an STA.
    Notwithstanding this freeze, licensees will not be prevented from 
filing modification applications when the application would resolve 
international coordination issues or when a broadcast station seeks a 
new tower site due to the events of September 11, 2001.
    The Commission is in the process of developing a channel election 
and repacking process that will assign to eligible television 
broadcasters a post-transition DTV channel in the core television 
spectrum (i.e., channels 2-51). Channel election procedures will be 
announced in the Commission's Second Periodic Review of the 
Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 03-15, RM 9832. This freeze is a necessary 
first step to ensure a stable television database prior to the 
commencement of the channel election process. Prohibiting the filing of 
new applications and petitions requesting new channels or service areas 
will allow broadcasters to evaluate stations' technical parameters and 
thereby facilitate channel elections and the creation of a new DTV 
Table of Allotments. Imposition of an immediate freeze will ensure that 
new applications and petitions are not filed in anticipation of future 
limitations, thus defeating the administrative purpose of the action 
herein, and will ensure that technical parameters do not continue to 
change while broadcasters make their channel election decisions.
    The Bureau will consider, on a case-by-case basis, requests for 
waiver of this freeze when a modification application is necessary or 
otherwise in the public interest for technical or other reasons to 
maintain quality service to the public, such as when zoning 
restrictions preclude tower construction at a particular site or when 
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 the freeze public notice will be granted only upon a 
showing of good cause and when grant of the waiver will serve the 
public interest.
    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, and not delaying the effect of the 
freeze until 30 days after publication in the Federal Register, because 
to do either 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).
    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.

Steven A. Broeckaert,
Deputy Chief, Policy Division, Media Bureau.
[FR Doc. 05-467 Filed 1-11-05; 8:45 am]
BILLING CODE 6712-01-P