[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Rules and Regulations]
[Pages 72723-72724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23660]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 05-312; FCC 05-192]


Digital Television Distributed Transmission System Technologies; 
Clarification Order

AGENCY: Federal Communications Commission.

ACTION: Clarification.

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SUMMARY: In this document, the Commission clarifies the interim 
guidelines relating to DTS that were established in the Second DTV 
Periodic Report and Order. The interim rules apply to stations that 
wish to use DTS during the pendency of this rulemaking proceeding in 
this docket.

DATES: Effective October 4, 2004.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Evan Baranoff, [email protected] of the Media 
Bureau, Policy Division, (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Clarification Order, FCC 05-192, adopted on November 3, 2005, and 
released on November 4, 2005. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street, SW., CY-A257, Washington, DC 20554. These documents 
will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). 
(Documents will be available electronically in ASCII, Word 97, and/or 
Adobe Acrobat.) The complete text may be purchased from the 
Commission's copy contractor, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. To request this document in accessible formats 
(computer diskettes, large print, audio recording, and Braille), send 
an e-mail to [email protected] or call the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Paperwork Reduction Act of 1995 Analysis

    This document does not contain information collection requirements 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13.

Summary of the Clarification

I. Introduction

    1. In the Second DTV Periodic Report and Order, we approved in 
principle the use of distributed transmission system (DTS) technologies 
but deferred to a separate proceeding the development of rules for DTS 
operation and the examination of several policy issues related to its 
use. (See Second Periodic Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television, 69 FR 59500, October 4, 
2004, (Second DTV Periodic Report and Order)). With this Clarification, 
we clarify the interim rules established in the Second DTV Periodic 
Report and Order, which will continue to be available for stations that 
wish to apply to use DTS technology during the pendency of this 
rulemaking proceeding. In the Notice of Proposed Rulemaking (NPRM), 
which is published elsewhere in this issue of the Federal Register, we 
examine the issues related to the use of DTS and propose rules for 
future DTS operation. The rules we propose in the NPRM will apply with 
respect to existing authorized facilities and to use of DTS after 
establishment of the new DTV Table of Allotments, which may afford 
stations the opportunity to apply to maximize their service areas after 
our current freeze on the filing of most applications.

II. Background

    2. In the Second DTV Periodic NPRM in MB Docket No. 03-15, we 
sought comment on whether we should permit DTV stations to use DTS 
technologies. (See Second Periodic Review of the Commission's Rules and 
Policies Affecting the Conversion to Digital Television, MB Docket No. 
03-15, 68 FR 7737 February 18, 2003, (Second DTV Periodic NPRM).). A 
DTV distributed transmission system would employ multiple synchronized 
transmitters spread around a station's service area. Each transmitter 
would broadcast the station's DTV signal on the same channel, relying 
on the performance of ``adaptive equalizer'' circuitry in DTV receivers 
to cancel or combine the multiple signals plus any reflected signals to 
produce a single signal. Such distributed transmitters could be 
considered to be similar to analog TV booster stations, a secondary, 
low power service used to fill in unserved areas in the parent 
station's coverage area, but DTV technology has the ability to enable 
this type of operation in a much more efficient manner. For analog TV 
boosters, in contrast to DTV DTS operation, significant self-
interference will occur unless there is substantial terrain blocking 
the arrival of multiple signals into the same area (for example, 
interference will occur if one signal arrives from the primary analog 
station directly and a second signal arrives from a booster station).
    3. We received 18 comments in the Second DTV Periodic Report and 
Order relating to the use of DTS, with the parties generally supporting 
use of this technology. We agreed with the generally supportive 
comments that DTS technology offers potential benefits to the public 
and noted the encouraging, though limited, reports of the technology 
tested thus far. Accordingly, in the Second DTV Periodic Report and 
Order we approved in principle the use of DTS technology, set forth 
interim guidelines, and committed to undertake a rulemaking proceeding 
to adopt rules for DTS operations. We now initiate that rulemaking to 
propose rules for future DTS operation, seek further comment on DTS 
operations and clarify certain aspects of the interim rules established 
in the Second DTV Periodic Report and Order.

III. Clarification of DTS Interim Authorization Policy

    4. In the Second DTV Periodic Report and Order, we decided to 
permit interim DTS operations if they provided predicted service only 
within a station's currently authorized area (including its replication 
area as well as any maximization area resulting from facilities granted 
by a construction permit or license). In addition, for an interim DTS 
proposal to be approved, we stated that it needed to be designed to 
serve essentially all of its replication coverage area. We now take 
this opportunity to respond to informal industry inquiries by 
clarifying how the interim guidelines apply to DTS during the pendency 
of this proceeding. Specifically, consistent with the requirement to 
serve the population that is currently served, DTS transmitters must be 
located within the DTV station's predicted noise-limited service 
contour (PNLC). We will consider on a case-by-case basis requests to 
extend beyond the PNLC by a minimal distance, provided such extension 
is necessary to permit coverage of the area within the PNLC. Further, 
consistent with this limitation, DTS transmitters will be limited to 
power levels such that any individual DTS transmitter's PNLC would only 
exceed the station's PNLC by a minimal amount consistent with the use 
of DTS to serve viewers within the PNLC. For this interim policy, a 
station's PNLC is based on its existing authorizations (combined 
coverage areas

[[Page 72724]]

from its DTV allotment, also referred to as its ``replication'' service 
area, plus its maximization construction permit, if any, and 
maximization license, if any). This policy reflects the decisions made 
in the Second DTV Periodic Review Report and Order to (1) require that 
DTS provide service to essentially all of a station's replication 
coverage area; (2) permit but not require coverage of any maximization 
area; and (3) prohibit use of DTS on a primary basis beyond a station's 
currently authorized area (including its replication area as well as 
any maximization area resulting from facilities granted by a 
construction permit or license).
    5. We also clarify the requirement that the combined DTS noise-
limited service be provided over all of a station's replication service 
area. To evaluate whether a request to use DTS during this interim 
period conforms to this requirement, we examine whether every location 
in a station's replication service area is within the PNLC of at least 
one proposed DTS transmitter. Because we do not protect DTS service 
beyond the station's PNLC, DTS signals beyond the PNLC are considered 
to have secondary status and must protect other licensed operations. 
Stations designing DTS operations should also recognize that DTS 
service beyond the area that the station ``certified'' it intends to 
serve (on Form 381 filed in accordance with the channel election 
process) may be considered secondary and unprotected in the planning 
for post-transition DTV service, and therefore may not be allowed to 
continue past the end of the transition unless specifically re-
authorized. Consistent with our determination in the Second DTV 
Periodic Report and Order, the threshold for unacceptable interference 
to other stations will be new interference exceeding 0.1 percent based 
on the strongest of the multiple DTS signals (not based on the combined 
effect of the multiple DTS transmitters). Stations wishing to use DTS, 
like all other stations, are required to comply with Sec.  73.625 of 
our rules with respect to service within the station's community of 
license (sometimes referred to as a predicted signal strength that is 
``noise-limited plus 7 dB'') (47 CFR 73.625).
    6. A station's desire to explore DTS operation is not acceptable 
grounds for an extension of the replication and maximization 
interference protection deadline. Any station employing an interim 
arrangement of DTS transmitters on its build-out deadline will be 
expected to demonstrate that its DTS operation meets the appropriate 
build-out requirement. Beyond these decisions, our staff will determine 
on a case-by-case basis the adequacy of other aspects of proposed 
operation (including permissible power, antenna height, and the 
acceptability of interference showings).

IV. Procedural Matters

A. Regulatory Flexibility Act Analysis
    7. No Regulatory Flexibility Act Analysis is legally required in 
the case of this Clarification.
B. Paperwork Reduction Act of 1995 Analysis
    8. This document does not contain information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13.
C. Congressional Review Act
    9. In order to supplement the submission of the Second Periodic DTV 
Report and Order which was made on October 8, 2004, the Commission will 
send a copy of Clarification in a report to be sent to Congress and the 
General Accountability Office, pursuant to the Congressional Review 
Act.

IV. Ordering Clauses

    10. It is ordered pursuant to sections 1, 4(i) and (j), 5(c)(1), 7, 
301, 302, 303(f) and (r), 307, 308, 309, 316, 319, and 336, of the 
Communications Act of 1934, as amended, 47 U.S.C. 51, 154(i) and (j), 
155(c)(1), 157, 301, 302, 303(f) and (r), 307, 308, 309, 316, 319, and 
336, that the policy regarding interim use of distributed transmission 
systems (DTS) is clarified as described herein. It is further ordered 
that, pursuant to 47 U.S.C. 155(c), the Chief, Media Bureau, is granted 
delegated authority to review and process applications to use DTS.

List of Subjects in 47 CFR Part 73

    Digital television, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-23660 Filed 12-6-05; 8:45 am]
BILLING CODE 6712-01-P