[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Rules and Regulations]
[Pages 5634-5704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1515]



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Part II





Federal Communications Commission





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47 CFR Parts 15, 73 and 76



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Third Periodic Review of the Commission's Rules and Policies Affecting 
the Conversion to Digital Television; Final Rule

  Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / 
Rules and Regulations  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15, 73 and 76

[MB Docket No. 07-91; FCC 07-228]


Third Periodic Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document issues the final rules in the third periodic 
review of the transition of the nation's broadcast television system 
from analog to digital television. It provides a progress report on the 
DTV transition and issues the procedures and rule changes necessary to 
ensure that broadcasters timely complete their transitions. Congress 
has mandated that after February 17, 2009, full-power television 
broadcast stations must transmit only digital signals, and may no 
longer transmit analog signals. The rules in this document establish 
deadlines for broadcasters to complete construction of their final, 
post-transition (digital) facilities.

DATES: Effective January 30, 2008, except for Sections 73.682(d), 
73.8000(b)(2) and (4), and 73.9000(k), which are effective May 29, 2008 
and, except for the following sections which contain information 
collection requirements that have not been approved by OMB: Sections 
73.624(g) and 73.1201(b). The Commission will publish a document in the 
Federal Register announcing the effective date for these sections. The 
incorporation by reference of certain publications listed in Sections 
73.616(e)(1) and 73.8000(d) is approved by the Director of the Federal 
Register, as of January 30, 2008. The incorporation by reference of 
certain publications listed in Sections 73.682(d), 73.8000(b)(2) and 
(4), and 73.9000(k), is approved by the Director of the Federal 
Register, as of May 29, 2008.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the Office of 
the Secretary, a copy of any comments on the Paperwork Reduction Act 
information collection requirements contained herein should be 
submitted to Cathy Williams, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554, or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, please contact Evan Baranoff, [email protected], Eloise 
Gore, [email protected], Kim Matthews, [email protected], or 
Maureen McCarthy, [email protected] of the Media Bureau, Policy 
Division, (202) 418-2120; John Gabrysch, [email protected], or 
Gordon Godfrey, [email protected], of the Engineering Division, 
Media Bureau at (202) 418-7000; or Shaun Maher, [email protected], or 
Nazifa Sawez, [email protected], of the Media Bureau, Video 
Division, (202) 418-1600.
    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams on (202) 418-2918, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 07-228, adopted on December 22, 2007, and released on 
December 31, 2007. 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).

Final Paperwork Reduction Act (``PRA'') Analysis

    This Report and Order has been analyzed with respect to the 
Paperwork Reduction Act of 1995 (``PRA''), and contains new and 
modified information collection requirements for full-power television 
broadcast stations, including the following: (1) Stations must file 
forms no later than February 18, 2008 detailing their transition plans 
and status (using FCC Form 387) and must update this form as events 
warrant and by October 20, 2008 if they have not completed 
construction; (2) Stations without a construction permit for their 
final, post-transition (DTV) facility must file an application to 
construct or modify that facility (using FCC Forms 301 and 340), 
stations without a license for their final, post-transition (DTV) 
facility must file an application for a license to cover that facility 
(using FCC Form 302 DTV), and stations may request authority to 
transition early to their post-transition channel (also using FCC Forms 
301 and 340); (3) Stations with a construction deadline on or before 
February 17, 2009 may file a request for an extension of time to 
construct their final, post-transition (DTV) facility (using FCC Form 
337); (4) Stations with a construction deadline occurring February 18, 
2009 or later may file a notification of an event that would toll their 
deadline to construct their final, post-transition (DTV) facility 
(using FCC Informal Application Form); (5) Stations may file a request 
for STA approval to temporarily remain on their in-core pre-transition 
DTV channel after the transition date (using FCC Informal Application 
Form); (6) Stations may file a request for STA approval to build less 
than full, authorized post-transition facility by the transition date 
(using FCC Informal Application Form); (7) Stations may file a 
notification pursuant to section 73.1615 to temporarily reduce or cease 
existing analog or pre-transition DTV service where necessary to 
facilitate construction of final, post-transition facilities (using FCC 
Informal Application Form); (8) Stations may file a request for STA 
approval to permanently reduce or terminate analog or pre-transition 
DTV service where necessary to facilitate construction of final, post-
transition facilities (using FCC Informal Application Form); (9) 
Stations may file a notification to permanently reduce or terminate 
analog or pre-transition DTV service within 90 days of the transition 
date (using FCC Informal Application Form); (10) Stations must comply 
with the PSIP requirement to populate the Event Information Tables 
(``EITs'') with accurate information about each event and to update the 
EIT if more accurate information becomes available; (11) Stations must 
comply with the station identification rules that require a DTV station 
which chooses to identify a licensee that it is transmitting on one of 
its multicast streams to follow a specific format for making such a 
station identification announcement; (12) Stations must comply with a 
viewer notification requirement (i.e., stations must notify viewers 
about their planned service reduction or termination) if: (a) They will 
permanently reduce or terminate analog or pre-transition digital

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service before the transition date, or (b) they will not serve at least 
the same population that receives their current analog TV and DTV 
service on February 18, 2009; (13) Stations claiming a ``unique 
technical challenge'' warranting a February 17, 2009 construction 
deadline must file a notification to document their status (using FCC 
Informal Application Form), if they do not file, or do not include such 
information in, an application for post-transition facilities (Forms 
301 or 340); and (14) DTV stations that are permittees must comply with 
the requirements for feeable ancillary or supplementary services in 47 
CFR 73.624(g) (using FCC Form 317).
    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invited the Office of Management and Budget 
(``OMB'') and the general public to comment on the information 
collection requirements contained in the Third DTV Periodic Review 
NPRM. On June 22, 2007, the Commission submitted the proposed 
information collection requirements to OMB for review under section 
3507(d) of the PRA. On July 9, 2007, the Commission published a Federal 
Register notice addressing the burdens contained in the proposed 
information collection requirements and seeking comments from the 
public. On August 15, 2007, OMB issued a Notice of Action and filed 
comments to each of these proposed information collection requirements. 
No other comments were filed with respect to these proposed 
collections. We note that some of the collections remain unchanged from 
when they were previously published in the Federal Register and 
submitted to OMB, while others that were submitted have been slightly 
revised, with such changes being largely procedural in nature (e.g., 
filing date change, method of filing, etc.). In addition to the 
collections proposed in the Third DTV Periodic Review NPRM, this Report 
and Order also contains additional new or modified information 
collection requirements. Finally, we also note that, pursuant to the 
Small Business Paperwork Relief Act of 2002 (``SBPRA''), the Commission 
sought specific comment in the Third DTV Periodic Review NPRM on how it 
might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.'' We received no 
comment on this issue.
    The information collection requirements adopted in this Report and 
Order will be submitted to OMB for final review under section 3507(d) 
of the PRA, and OMB and the public will be afforded an opportunity to 
file comments on these final information collections. The Commission 
will seek emergency approval from OMB for Items 1-3 (noted above in 
paragraph 193) based, in part, on the prior submission for OMB approval 
of these information collection requirements. The Commission will 
publish a Federal Register notice addressing the burdens contained in 
each final information collection adopted in this proceeding. The 
Commission will also publish a separate notice seeking comments from 
the public and OMB on the final information collection requirements.

Summary of the Report and Order

I. Introduction

    1. Congress has mandated that after February 17, 2009, full-power 
television broadcast stations must transmit only digital signals and 
may no longer transmit analog signals. (See Digital Television and 
Public Safety Act of 2005 (``DTV Act''), which is Title III of the 
Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) 
(``DRA'') (codified at 47 U.S.C. 309(j)(14) and 337(e)). DTV Act 
Section 3002(a) amends Section 309(j)(14) of the Communications Act to 
establish February 17, 2009 as a new hard deadline for the end of 
analog transmissions by full-power stations. 47 U.S.C. 309(j)(14)(A). 
DTV Act Section 3002(b) directs the Commission to ``take such actions 
as are necessary (1) to terminate all licenses for full-power 
television stations in the analog television service, and to require 
the cessation of broadcasting by full-power stations in the analog 
television service, by February 18, 2009; and (2) to require by 
February 18, 2009, * * * all broadcasting by full-power stations in the 
digital television service, occur only on channels between channels 2 
and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 
698 megahertz, inclusive).'' 47 U.S.C.A 309 Note. DTV Act Section 
3005(a) also created a coupon program to subsidize the purchase of 
digital-to-analog (``D-to-A'') converter boxes.) With this Report and 
Order in our third periodic review, we resolve issues necessary to 
complete the conversion of the nation's broadcast television system 
from analog to digital television (``DTV''). We conduct these periodic 
reviews in order to assess the progress of the transition and make any 
necessary adjustments to the Commission's rules and policies to 
facilitate the introduction of DTV service and the recovery of spectrum 
at the end of the transition. (The Commission has conducted two prior 
periodic reviews: the first in MM Docket No. 00-39 and the second in MB 
Docket No. 03-15.) In the Notice of Proposed Rulemaking in this third 
periodic review (Third DTV Periodic Review NPRM, 72 FR 37310, July 9, 
2007), we sought comment on several issues necessary to ensure that 
broadcasters meet the statutory transition deadline and complete 
construction of their final, post-transition (digital) facilities. We 
received 125 comments, 22 reply comments, and numerous ex parte filings 
in response to the Third DTV Periodic Review NPRM.
    2. With the DTV transition deadline less than 14 months away, our 
focus is now on overseeing broadcasters' construction of facilities 
that will reach viewers in their authorized service areas by the time 
they must cease broadcasting in analog. Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory 
responsibilities and can begin operations on their final, post-
transition (digital) channels upon expiration of the February 17, 2009 
transition deadline. We want to ensure that no consumers are left 
behind in the DTV transition. We recognize that the transition is a 
complex undertaking presenting many challenges to the broadcast 
industry and that some disruption of television service may be 
unavoidable leading up to the analog turn-off. Therefore, we adopt 
rules to offer broadcasters regulatory flexibility, while at the same 
time requiring broadcasters to maintain the best possible television 
service to the public and meet viewers' over-the-air reception 
expectations after the transition date. (We note that the statutory 
transition deadline applies only to full-power stations. The transition 
timing for low power, translator and Class A stations will be addressed 
in a separate proceeding.)

II. Executive Summary

    3. In this Report and Order in our third periodic review, we (1) 
provide a progress report on the transition; (2) describe the status 
and readiness of stations to complete their transition; (3) adopt 
procedures and rule changes necessary to ensure that broadcasters meet 
the statutory transition deadline and complete construction of their 
final, post-transition facilities while maintaining the best possible 
television service to their viewers; and (4) address other issues 
related to the transition. Stations face many challenges in order to be 
ready to make their transition by the February 17, 2009 statutory 
transition deadline. Stations must focus their full attention on 
constructing their final digital facilities before they must

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cease analog operations. In this Report and Order, we take the 
following actions to facilitate the completion of the transition for 
full-power television stations:
     We establish February 17, 2009 as the construction 
deadline for stations building digital facilities based on a new 
channel allotment in the post-transition DTV Table of Allotments (``DTV 
Table'') and accompanying Appendix B (``DTV Table Appendix B''), i.e., 
stations that will be returning to their analog channel or moving to a 
new digital channel for post-transition operations. These stations will 
not be required to construct a digital facility on their pre-transition 
DTV channel and will be permitted to forego further construction to the 
extent such a facility has been partially built. (The details of each 
station's channel assignment, including technical facilities and 
predicted service and interference information, are set forth in the 
DTV Table Appendix B. 47 CFR 73.622(i) codifies the post-transition DTV 
Table). The Commission proposed channel assignments and reference 
facilities for stations' post-transition operations in a 2006 Notice of 
Proposed Rule Making in MB Docket No. 87-268.
     We establish May 18, 2008 as the construction deadline for 
stations that will use their pre-transition DTV channel for post-
transition operations and already have a construction permit that 
matches their post-transition (DTV Table Appendix B) facilities.
     We establish August 18, 2008 as the construction deadline 
for stations that will use their pre-transition DTV channel for post-
transition operations, but which do not have a construction permit that 
matches their post-transition (DTV Table Appendix B) facilities.
     We establish February 17, 2009 as the construction 
deadline for stations demonstrating that a unique technical challenge, 
such as the need to reposition a side-mounted antenna, prevents them 
from completing construction of their final DTV facilities.
     We establish stricter standards for granting extensions of 
time to construct digital facilities for all construction deadlines on 
or before February 17, 2009. In addition, for construction deadlines 
occurring February 18, 2009 or later, we will consider such requests 
under the tolling standard set forth in section 73.3598(b) of the 
rules. We adopt our revised FCC Form 337, as proposed.
     We adopt FCC Form 387 and require all full-power 
television stations to file it by February 18, 2008, detailing their 
current transition status, additional steps necessary for digital-only 
operation upon expiration of the February 17, 2009 transition deadline, 
and a timeline for making those steps. Stations must update the form as 
events warrant and by October 20, 2008 if they have not completed 
construction.
     We will permit stations that are moving to a different DTV 
channel for post-transition operations to temporarily remain on their 
pre-transition DTV channel while they complete construction of their 
final digital facilities, provided: (1) They build facilities that 
serve at least the same population that receives their current analog 
TV and DTV service so that over-the-air viewers will not lose TV 
service; and (2) they do not cause impermissible interference to other 
stations or prevent other stations from making their transition.
     We will permit stations to operate their post-transition 
facilities, pursuant to special temporary authority (``STA''), at less 
than their full, authorized facilities, provided: (1) They demonstrate 
a unique technical challenge (as defined in section V.B.5., infra) and 
they can serve at least 85 percent of the same population that receives 
their current analog TV and DTV service; or (2) a significant technical 
impediment to the construction of their full, authorized facilities 
that would not otherwise qualify for an extension of time to construct 
facilities under the new, stricter standard adopted herein and they 
serve at least 100 percent of the same population that receives their 
current analog TV and DTV service so that over-the-air viewers will not 
lose TV service. In addition, stations must demonstrate that they do 
not cause impermissible interference to other stations or prevent other 
stations from making their transition. Finally, stations that cannot 
serve at least 100 percent of the same population that receives their 
current analog TV and DTV service must comply with a viewer 
notification requirement.
     We clarify that, under existing rules, a station may 
temporarily reduce or cease service on their pre-transition analog or 
digital channel for a period of 30 days or less, upon notification to 
the Commission and without prior approval, when necessary to complete 
construction of the post-transition digital facility.
     We will provide stations with the flexibility to 
permanently reduce or terminate their analog or pre-transition digital 
service before the transition date, provided the station satisfies the 
following two requirements: (1) The station demonstrates that its 
service reduction or termination is directly related to the 
construction and operation of its, or another station's, post-
transition facilities; and (2) the station notifies viewers on its pre-
transition channel(s) about the planned service reduction or 
termination and informs them about how they can continue to receive the 
station.
     To provide additional flexibility within 90 days of the 
February 17, 2009 transition date (i.e., beginning on or after November 
19, 2008), we will allow stations to permanently reduce or terminate 
their analog or pre-transition digital service without prior approval 
upon notification to the Commission 30 days prior to the planned 
permanent service reduction or termination. The station must still 
comply with a viewer notification requirement.
     We will permit stations that are moving to a different DTV 
channel for post-transition operations to cease operations on their 
pre-transition digital channels and begin operating on their new 
channels before the transition date, provided: (1) The early 
transitioning stations will not cause impermissible interference to 
another station; and (2) the early transitioning stations continue to 
serve their existing viewers for the remainder of the transition and 
commence their full, authorized post-transition operations upon 
expiration of the February 17, 2009 transition deadline.
     We will offer expedited processing of stations' 
applications to build their post-transition facilities, provided that 
their application: (1) Does not seek to expand the station's facilities 
beyond its final DTV Table Appendix B facilities; (2) specifies 
facilities that are no more than five percent smaller than those 
specified in the post-transition DTV Table Appendix B (with respect to 
predicted population); and (3) is filed within 45 days of the effective 
date of this Report and Order. We adopt our revised FCC Forms 301 and 
340, as proposed.
     We announce our intent to lift the freeze on the filing of 
maximization applications on August 17, 2008, the date by which we 
expect to have completed processing stations' applications to build 
their post-transition facilities. Until this date, we will maintain our 
freeze and will not accept maximization applications to expand 
facilities.
     We adopt a waiver policy that will permit rapid approval 
of minor (i.e., not exceeding 5 miles) expansion applications filed by 
stations that will not use their pre-transition DTV channel for post-
transition operation. This policy will allow added flexibility for 
stations that wish to use their existing analog channel antenna, which 
provides

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benefits for the successful completion of the transition by reducing 
the demands on equipment suppliers and installation crews during a 
critical time as the transition date nears.
     We adopt a 0.5 percent new interference standard (i.e., 
only considering interference in addition to that contained in the 
post-transition DTV Table Appendix B) to apply to applications for 
post-transition facilities and also to future maximization applications 
and applications to implement new allotments.
     We update the Commission's rules to reflect the latest 
revisions to the ATSC standards concerning DTV transmission and PSIP.
     We revise section 73.624(g) to require DTV stations that 
are permittees operating pursuant to an STA or any other FCC instrument 
authorizing DTV transmissions to file FCC Form 317 and pay fees on any 
revenue derived from feeable ancillary or supplementary services in the 
same way required of DTV licensees.
     We clarify our station identification requirements for 
digital stations in situations where one of a station's multicast 
streams is being used to air programming provided by another broadcast 
station, such as a low power station, or another programming source.
     We discuss MVPDs' obligations with respect to carriage of 
digital stations after the transition.

III. Background

    4. Congress specifically requires the Commission to periodically 
evaluate the progress of the nation's transition to DTV. The Commission 
initiated this third DTV periodic review in April 2007. The previous 
two DTV periodic reviews began in March 2000 and January 2003, 
respectively. In addition to these periodic reviews, the Commission 
conducts the ongoing DTV proceeding, in which we recently established 
the DTV Table of Allotments for stations' post-transition operations 
(``post-transition DTV Table''). (See 47 CFR 73.622(i), which codifies 
the post-transition DTV Table. The Commission proposed the post-
transition DTV Table in the October 2006 of Proposed Rulemaking 
(Seventh FNPRM). The Commission established the initial DTV Table of 
Allotments in 1997. The details of each station's channel assignment 
under the initial DTV Table, including technical facilities and 
predicted service and interference information, were set forth in the 
initial Appendix B of the Sixth Report and Order (``initial Appendix 
B''). See Sixth Report and Order. The initial Appendix B was amended in 
1998. Simultaneous with the adoption of the Sixth Report and Order, the 
Commission announced DTV channel assignments for eligible licensees in 
the Fifth Report and Order in the same docket.).

A. DTV Transition

    5. In early 2006, Congress enacted significant statutory changes to 
the DTV transition in the DTV Act. Most importantly, it set February 
17, 2009, as the date certain for the end of the DTV transition, at 
which time all full-power television broadcast stations must cease 
their analog transmissions. (See 47 U.S.C. 309(j)(14) (``A full-power 
television broadcast license that authorizes analog television service 
may not be renewed to authorize such service for a period that extends 
beyond February 17, 2009.''). See also 47 U.S.C. 337(e).) The DTV Act 
does not provide for waivers or extensions of this deadline for 
cessation of analog broadcasts. (Previously, 47 U.S.C. 309(j)(14) 
provided an exception to the earlier December 31, 2006 transition 
deadline under several market-by-market criteria. 47 U.S.C. 
309(j)(14)(B) (2005). Congress eliminated the statutory provisions 
authorizing market-specific extensions of the DTV transition, including 
the 85 percent benchmark for DTV reception. This new hard deadline 
obviates the need for any further discussion of how to interpret and 
implement the former Section 309(j)(14)(B) of the Act, an issue 
previously deferred by the Second DTV Periodic Report and Order, 69 FR 
59500, October 4, 2004.) The DTV Act also requires broadcast licensees 
to cease operations outside the core spectrum after February 17, 2009 
in order to make that spectrum available for public safety and 
commercial wireless uses. All full-power TV broadcast stations must be 
operating inside the core TV spectrum and only in digital at the end of 
the transition on February 17, 2009.
    6. In April 2007, the Commission initiated this third periodic 
review of the nation's conversion from analog to DTV broadcasting. The 
Commission sought comment on a range of proposals intended to ensure 
that broadcasters meet their statutory responsibilities and can begin 
operations on their final, post-transition (digital) channels upon 
expiration of the February 17, 2009 transition deadline. The Commission 
made a number of proposals regarding the procedures and standards 
applicants must follow in filing applications for facilities specified 
in the final, post-transition DTV Table of Allotments (``DTV Table'').
    7. Development of DTV Table. In the 2004 Second DTV Periodic Report 
and Order, the Commission established a three-round channel-election 
process through which eligible broadcast licensees and permittees 
(collectively, ``licensees'') selected their post-transition channels 
inside the core TV spectrum (i.e., channels 2-51). (The Commission 
received 11 petitions for reconsideration of the Second DTV Periodic 
Report and Order, raising a number of issues, most of which have been 
rendered moot by the completion of the channel election process.) At 
the start of this process, licensees proposed their post-transition 
facilities. (In November 2004, licensees filed certifications via FCC 
Form 381 in order to define their proposed post-transition facilities. 
In these certifications, licensees chose whether to (1) replicate their 
allotted facilities, (2) maximize to their currently authorized 
facilities, or (3) reduce to a currently authorized smaller facility). 
Stations that did not submit certification forms by the deadline were 
evaluated based on replication facilities. After each channel election 
round, the Commission announced proposed post-transition channels--
called tentative channel designations (``TCDs''). In order to 
facilitate the development of a final, post-transition DTV Table, the 
Media Bureau announced a freeze on the filing of certain requests for 
allotment or service area changes. (The freeze, which was imposed on 
August 3, 2004--prior to the commencement of the channel election 
process, precludes parties from filing the following items: (i) 
Petitions for rulemaking to change DTV channels within the current DTV 
Table, (ii) petitions for rulemaking to establish a new DTV channel 
allotment, (iii) petitions for rulemaking to swap in-core DTV and NTSC 
channels; (iv) applications to change DTV channel allotments among two 
or more licensees; (v) petitions for rulemaking by licensees/permittees 
to change NTSC channels or communities of license; (vi) applications to 
maximize DTV or analog TV facilities; and (vii) certain Class A 
television station applications. The freeze does not prevent the 
processing of pending applications.) The Commission has maintained the 
filing freeze to ensure that each station has an opportunity to apply 
for and construct its authorized facility. (In the Seventh Report and 
Order, 72 FR 54720, September 26, 2007, we denied seven requests of 
stations seeking a waiver of the filing freeze, except for one station 
which demonstrated unique circumstances.)
    8. The channel election process culminated in the adoption of the 
post-

[[Page 5638]]

transition DTV Table in the August 2007 Seventh Report and Order. 
(Approximately 123 stations have filed petitions for reconsideration of 
the Seventh Report and Order, which remain pending. Most of the 
Petitions request changes to facilities previously certified. These 
requests will be addressed in a separate Order of Reconsideration after 
the conclusion of the period for oppositions and responses. In the 
Eighth Further Notice of Proposed Rulemaking (Eighth FNPRM) 72 FR 
54720, September 26, 2007, which accompanied the Seventh Report and 
Order, the Commission announced TCDs for three new permittees that 
recently attained permittee status and also considered requests for 
substantive modifications to the post-transition DTV Table which were 
made after the close of the comment period for the Seventh FNPRM. 
Comments on these proposed changes to DTV Table in the Eighth FNPRM 
were due Oct. 10, 2007 and replies were due Oct. 25, 2007). The post-
transition DTV Table provides eligible stations channels for post-
transition operations inside the core TV spectrum and is the result of 
informed decisions made by eligible licensees during the Commission's 
channel election process, as well as the Commission's efforts to 
promote overall spectrum efficiency and ensure that broadcasters 
provide the best possible service to the public, including service to 
local communities. The post-transition DTV Table will ultimately 
replace the current (pre-transition) DTV Table at the end of the 
transition; however, we note that, in certain defined circumstances, 
stations may be permitted to temporarily remain on their pre-transition 
DTV channel after the transition date. (As explained below in Section 
V.B.7.a., some stations will be permitted to use their pre-transition 
DTV channel, temporarily, after the February 17, 2009 transition date. 
The current NTSC Table, which is contained in 47 CFR 73.606(b), will 
become obsolete at the end of the transition, when all full-power 
analog operations must cease. We anticipate initiating another 
proceeding to address these and other ``clean-up'' changes to our rules 
to eliminate outdated references to analog and out-of-core operations.)
    9. Approximately 123 Petitions for Reconsideration of the Seventh 
Report and Order were filed by October 26, 2007, the close of the 
pleading cycle, representing approximately 200 stations, most of them 
requesting changes to their Appendix B facilities to accommodate their 
preference to use their existing analog antenna when they return to 
their analog channel for post-transition digital operation. (We 
addressed and resolved 30 similar requests that were raised during the 
comment period for the Seventh Report and Order, and we will address 
these additional requests on reconsideration.) In addition, we have 
received several Petitions for Reconsideration filed after the 30-day 
statutory deadline. Moreover, we recognize that not all stations that 
may want to revise their Appendix B facilities to assure that they will 
be permitted to continue serving their analog viewers with their post-
transition digital facility have filed Petitions for Reconsideration, 
and that not all of those stations that have failed to file petitions 
can be, alternatively, fully addressed through the application process 
adopted in this Report and Order. Therefore, in light of the urgent 
need to finalize post-transition facilities so that all full power 
stations can complete the transition by February 17, 2009, we delegate 
to the Media Bureau the authority to amend the DTV Table of Allotments 
and Appendix B to the DTV Table of Allotments as needed up to the full 
power transition deadline. Such proceedings at the Bureau level may be 
expedited as necessary, including being conducted without notice and 
comment where good cause is found because the requested change does not 
adversely affect any other station's post-transition operations. (See 5 
U.S.C. 553(b)(3)(B) (allowing for implementation without notice and 
comment if good cause exists where ``notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest''). Where any requested change to the Table or Appendix may 
affect another station's operations, we expect the Bureau to issue an 
NPRM and provide an opportunity for public comment. Stations should 
file in Docket No. 87-268 when seeking a correction to Appendix B.)
    10. Reclamation of the 700 MHz Bands. As a result of the DTV 
transition, 108 megahertz of spectrum in the 700 MHz Band (TV Channels 
52-69) will be made available for critically important public safety 
needs and new wireless services. In passing the DTV Act, Congress 
directed the Commission to commence the auction of recovered analog 
broadcast spectrum no later than January 28, 2008, and deposit the 
proceeds of the auction in the Digital Television Transition and Public 
Safety Fund no later than June 30, 2008. Accordingly, in April 2007, we 
made changes to the 700 MHz band plan to enable public safety entities 
to use wireless broadband technology and prepare for the auction of the 
remaining spectrum in that band. Furthermore, in July 2007, we 
specifically redesignated 10 megahertz of public safety 700 MHz 
spectrum (763-768/793-798 MHz) for the purpose of establishing a 
nationwide, interoperable broadband public safety communications 
network. The Wireless Telecommunications Bureau has scheduled the 
auction of the remaining commercial spectrum of the 700 MHz Band on 
January 24, 2008.
    11. Prior to the DTV Act, the Commission reallocated the 700 MHz 
Band in separate proceedings, first for the 60 megahertz covering TV 
Channels 60-69 (``Upper 700 MHz Band'') and then for the 48 megahertz 
covering TV Channels 52-59 (``Lower 700 MHz Band''). In the Balanced 
Budget Act of 1997 (``Balanced Budget Act''), Congress specifically 
directed that the allocation of the Upper 700 MHz Band include 24 
megahertz of spectrum for public safety and 36 megahertz for commercial 
services. Accordingly, the Commission divided the Upper 700 MHz Band to 
include a 24-megahertz allocation for public safety use, and a 36-
megahertz allocation for commercial use, of which 6 megahertz comprised 
the Guard Bands spectrum. With regard to the Lower 700 MHz Band, 
Congress also directed that the Commission ``reclaim and organize'' 
spectrum beyond that in the Upper 700 MHz Band, ``in a manner 
consistent with the objectives'' of Section 309(j)(3) of the Act. While 
Congress did not direct the amount of spectrum to be reclaimed, the 
Commission determined that all broadcasters using digital transmission 
systems could be accommodated in the core TV spectrum (i.e., TV 
Channels 2-51). As a result, the 48 megahertz of spectrum in the Lower 
700 MHz Band (698-746 MHz) would become available for new services 
through competitive bidding. (The Commission stated that expanding the 
DTV core spectrum would permit recovery of 108 megahertz of spectrum at 
the end of the DTV transition period.)

B. DTV Construction Deadlines

    12. In 1997, the Commission adopted a DTV construction schedule 
that provided for varying construction deadlines based on the size of 
the market and type of station, with all stations required to construct 
by May 1, 2003. (Under this schedule, television stations in the 10 
largest TV markets and affiliated with the top four television networks 
(ABC, CBS, Fox, and NBC) were required to build DTV facilities by May 
1, 1999. Stations affiliated with those networks in

[[Page 5639]]

television markets 11 through 30 were required to construct their DTV 
facilities by November 1, 1999. All other commercial stations were 
required to construct their DTV facilities by May 1, 2002, and all 
noncommercial stations were to have constructed their DTV facilities by 
May 1, 2003. 47 CFR 73.624(d)(1).) In the 2004 Second DTV Periodic 
Report and Order, the Commission established two deadlines by which 
stations were expected to either replicate or maximize DTV service on 
their current (pre-transition) DTV channel or lose interference 
protection to the unserved areas on that channel. By July 1, 2005, top-
four network affiliates in the top 100 markets were required to fully 
replicate or maximize if they will remain on their DTV channel after 
the transition. If these stations were to move to another channel post-
transition, they were required to serve at least 100 percent of their 
replication service population by July 1, 2005. By July 1, 2006, all 
other stations were required to fully replicate and maximize if they 
were to remain on their current DTV channel after the transition. If 
they were to move to another channel post-transition, they were 
required to serve at least 80 percent of their replication service 
population by July 1, 2006. The Commission stated that stations that 
met the applicable ``use-or-lose'' deadline and that are going to move 
to a different channel after the transition would be permitted to carry 
over their authorized maximized areas to their new channels. In 
addition, these ``use-or-lose'' replication/maximization deadlines 
became the new deadlines for stations operating temporary DTV 
facilities pursuant to STA to complete construction of their licensed 
DTV facilities. (In 2001, the Commission temporarily deferred (until 
the Second DTV Periodic Review) the establishment of construction 
deadlines for these stations, provided they constructed initial DTV 
facilities designed to serve at least their communities of license.) 
Approximately 80 percent of the stations in each of these categories 
met their respective deadlines.
    13. In the Second DTV Periodic Report and Order, the Commission 
also noted that certain stations had not yet been granted an initial 
DTV construction permit. The Commission required that, by August 4, 
2005, all such stations construct and operate ``checklist'' facilities 
that conform to the parameters of the DTV Table and other key 
processing requirements. The Commission stated that it would consider 
requests for waiver of the August 4, 2005 deadline on a case-by-case 
basis, using the criteria for extension of DTV construction deadlines. 
(``Checklist'' facilities have power and antenna height equal to or 
less than those specified in the DTV Table and are located within a 
specified minimum distance from the reference coordinates specified in 
the DTV Table. Because these facilities comply with the interference 
requirements specified in the rules, no further consideration of 
interference is required. In addition, because the DTV Table was 
coordinated with Canada and Mexico, ``checklist'' facilities generally 
did not require further international coordination.)
    14. In 2007, the Commission in the Construction Deadline Extension 
Order and the Use or Lose Order addressed applications filed by 
stations for extensions of time to construct DTV facilities and/or 
waivers of the deadline by which stations must build DTV facilities in 
order to retain the ability to carry over interference protection to 
their post-transition channel (so-called ``use or lose'' waivers). In 
the Construction Deadline Extension Order, the Commission considered 
145 requests for an extension of time to construct a DTV facility. (The 
Commission granted 140 of these extension requests, 110 of which were 
to stations remaining on their current DTV channel for post-transition 
use.) For 107 stations whose pre-transition DTV channel is the same as 
their post-transition channel, the Commission granted these 
applications and gave these stations until November 18, 2007, in which 
to complete construction. For 29 stations whose pre-transition DTV 
channel is different from their post-transition channel, the Commission 
granted these applications and gave these stations until 30 days after 
the effective date of the amendments to section 73.624(d) of the rules 
adopted in the Report and Order in this Third DTV Periodic Review 
proceeding in which to complete construction. (As discussed in the 
Third DTV Periodic Review NPRM, at para. 73, the Commission also 
granted CP extensions until February 17, 2009 to four stations, facing 
unique technical challenges (e.g., side-mounted/top-mounted antenna-
related issues) preventing them from completing construction of their 
DTV facilities. As discussed in the Third DTV Periodic Review NPRM at 
para. 77, the Commission denied the extension requests of five 
stations: Two of which met their DTV construction obligations and were 
permitted to continue to operate their licensed facilities, while the 
other three stations were admonished for failing to meet their DTV 
construction obligations. In the Use or Lose Order, the Commission 
considered 192 requests for waiver of the ``use or lose'' deadlines. 
The Commission granted 185 of these ``use-or-lose'' waiver requests, 
130 of which were to stations remaining on their current DTV channel 
for post-transition use. The Use or Lose Order was adopted 
simultaneously with the Construction Deadline Extension Order.) For 102 
stations whose pre-transition DTV channel is the same as the station's 
post-transition DTV channel, the Commission granted these stations a 
waiver and gave them until November 18, 2007, to meet the ``use or 
lose'' deadline. (The Commission granted these applications an 
additional six months from the release date of the Use or Lose Order in 
which to complete construction.) For 38 stations whose pre-transition 
DTV channel is different from the station's post-transition channel, 
the Commission granted these stations a waiver and gave them until 30 
days after the effective date of the amendments to section 73.624(d) of 
the rules adopted in the Report and Order in this Third DTV Periodic 
Review proceeding in which to complete construction. (As discussed in 
the Third DTV Periodic Review NPRM, at para. 73, the Commission also 
granted 45 stations, facing unique technical challenges (e.g., side-
mounted antenna-related issues) preventing them from meeting the 
applicable replication/maximization requirements, ``use or lose'' 
waivers and CP extensions until February 17, 2009. As discussed in the 
Third DTV Periodic Review NPRM, at para. 78, the Commission denied the 
``use or lose'' waiver requests of seven stations. As discussed in the 
Third DTV Periodic Review NPRM, para. 75, the Commission granted 10 
stations their requests for waiver of the ``checklist'' deadline (the 
August 4, 2005 deadline established for all television stations to 
construct and operate ``checklist'' DTV facilities).) In both of these 
orders, the Commission reminded stations that the hard deadline for 
termination of analog TV service prevents consideration of any request 
for extension of full-power analog TV service beyond that date. The 
Commission advised stations given an extension or waiver to utilize 
this time to take all steps possible to complete construction as 
further extension or waiver requests may be evaluated under a more 
stringent standard. Those stations that have a construction permit for 
which the original time to complete construction has not yet expired or 
that had their original construction permit

[[Page 5640]]

extended to a date that has not yet expired were not addressed in the 
Construction Deadline Extension Order or Use-or-Lose Order. These 
stations were directed to continue to follow existing rules and 
procedures (i.e., continue to build their current DTV construction 
permit and, if that construction permit will expire before they can 
complete construction, file a request to obtain Commission approval for 
extension of the construction permit). (Third DTV Periodic Review NPRM, 
at para. 57. Since the release of the Construction Deadline Extension 
and Use-or-Lose orders, 83 stations have filed extension requests and 
69 stations have filed for use-or-lose waivers. These numbers include 
requests for additional time as well as new requests filed with respect 
to deadlines that occurred after the Orders were drafted. The Third DTV 
Periodic Review NPRM did not require the usual reporting and progress 
requirements for some stations according to the rules of the 
Construction Deadline Extension Order, in light of the ongoing 
consideration of this Report and Order. Third DTV Periodic Review NPRM, 
at para. 77 n. 142. Similarly, the Third DTV Periodic Review NPRM 
withheld admonishment of some stations under the Use or Lose Order 
pending adoption of rules in this proceeding. Third DTV Periodic Review 
NPRM, at para. 78.)

IV. Progress Report

    15. The transition to DTV is a complex undertaking, affecting 
virtually every segment of the television industry and every American 
who watches television. The Commission has been facilitating the 
transition to DTV by adopting a standard for digital broadcasting, 
creating an initial and post-transition DTV Table, awarding DTV 
licenses, establishing operating rules for the new service, monitoring 
the physical build-out of DTV broadcast stations, and helping to 
educate consumers about the transition. At the end of the transition, 
television broadcast operations will be limited to the core TV 
spectrum. (The ``core spectrum'' is comprised of low-VHF channels 2 to 
4 (54-72 MHz) and 5 to 6 (76-88 MHz), high-VHF channels 7 to 13 (174-
216 MHz) and UHF channels 14-51 (470-698 MHz), but does not include TV 
channel 37 (608-614 MHz), which is used for radio astronomy research. 
See 47 CFR 73.603(c).) This will enable the recovery of a total of 108 
MHz of spectrum (i.e., TV channels 52-69) for critically important 
public safety needs and new wireless services.

A. DTV Operations

    16. As of December 17, 2007, 1,706 television stations in all 
markets (representing approximately 99 percent of all stations) have 
been granted a DTV construction permit (``CP'') or license. A total of 
1,635 stations are now broadcasting a digital signal. Of these, 1,396 
stations have authorized licensed facilities or program test authority 
and 239 stations are operating pursuant to STA or experimental DTV 
authority.
    17. In the top 30 television markets, all 119 top-four network-
affiliated television stations are on the air in digital; 113 are 
licensed DTV facilities or program test authority and six have STAs. In 
markets 1-10, all 40 top-four network affiliated stations are providing 
digital service, 38 with licensed DTV facilities and two with STAs. In 
markets 11-30, all 79 top-four network affiliated stations are 
providing DTV service, 75 with licensed DTV facilities and four with 
STAs.
    18. Approximately 1,230 commercial television stations were due to 
commence digital broadcasts by May 1, 2002. As of December 17, 2007, 
1,157 of these stations (94 percent) are broadcasting a digital signal. 
In addition, approximately 373 NCE television stations were required to 
commence digital operations by May 1, 2003. As of December 17, 2007, 
359 (96 percent) of these stations are broadcasting a digital signal.

B. Consumer Capability To Receive DTV Signals

    19. Over-the-Air Viewer Reception. As of January 1, 2007, Nielsen 
estimates that 36.6 million people or 13 percent of people in the 
United States relied only on over-the-air television. In addition 
Nielsen estimates that 15.2 million households, or 14 percent of 
television households, watched television via an over-the-air signal 
only. Nielsen predicts that by January 1, 2008, fewer people, 
specifically 33.6 million, or 12 percent of people in the United 
States, will watch television via an over-the-air signal only. In terms 
of households, Nielsen estimates much fewer, 13 percent of all 
television households, or 14.3 million households, will be over-the-air 
only.
    20. The demand for DTV sets has grown with increased availability 
of DTV programming and receiving equipment and a steady drop in the 
price of such equipment. The Consumer Electronics Association (``CEA'') 
reports that the consumer electronics industry has invested $66.7 
billion in DTV products since 1998. Moreover, CEA reports more than $75 
billion in consumer investment in DTV products. According to CEA, 23.9 
million DTV sets and monitors were sold in 2006. CEA predicts that 29.2 
million DTV products will be sold in 2007, 33.4 million in 2008, 35.2 
million in 2009 and 36.4 million in 2010. CEA estimates that total 
digital display unit sales will increase by 30 percent in 2007, as 
compared to 2006. Sales of high-definition television sets are expected 
to increase to 20.7 million in 2007, a significant increase from 17.3 
million sold the previous year.
    21. To promote the availability of reception equipment and protect 
consumers by ensuring that their television sets continue to work in 
the digital world just as they do today, the Commission established a 
DTV tuner mandate, which required that all television receiver 
equipment (e.g., TV sets (all sizes), VCRs, digital video recorders, 
and any other TV receiving devices) shipped in interstate commerce or 
imported into the United States, for sale or resale to the public, must 
be capable of receiving the signals of DTV broadcast stations over-the-
air by March 1, 2007. (See 47 CFR 15.117(a). In 2002, the Commission 
initiated the DTV tuner mandate, with a phase-in period based on screen 
size to minimize the cost impact on consumers. In 2005, the Commission 
accelerated the implementation of the DTV tuner mandate to become 
effective on March 1, 2007 and expanded the mandate to include 
television sets less than 13 inches.)
    22. In another consumer protection effort, the Commission adopted 
an order in April 2007, to require that, as of May 25, 2007, retailers 
that continue to sell analog-only television equipment provide 
consumers with information regarding the February 17, 2009 transition 
date at the point of sale of DTV television receiving equipment. 
Specifically, the Commission now requires sellers of television 
receiving equipment that does not include a digital tuner to disclose 
at the point-of-sale that such devices include only an analog tuner 
and, therefore, will require a converter box to receive over-the-air 
broadcast television after the February 17, 2009 transition date. 
(Specifically, the Labeling Order (72 FR 26554, May 10, 2007) requires 
that anyone that sells or offers for sale or rent television receiving 
equipment that does not contain a DTV tuner must display the following 
consumer alert, in a size of type large enough to be clear, conspicuous 
and readily legible, consistent with the dimensions of the equipment 
and the label, at the point of sale: ``CONSUMER ALERT: This

[[Page 5641]]

television receiver has only an analog broadcast tuner and will require 
a converter box after February 17, 2009, to receive over-the-air 
broadcasts with an antenna because of the Nation's transition to 
digital broadcasting. Analog-only TVs should continue to work as before 
with cable and satellite TV services, gaming consoles, VCRs, DVD 
players, and similar products. For more information, call the Federal 
Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or 
visit the Commission's digital television Web site at: www.dtv.gov.'' 
This requirement applies to the sale or rent of such equipment via 
direct mail, catalog, or electronic means (e.g., the Internet).) As we 
noted in this order, consumers expect that DTV television receiving 
equipment for sale today that is capable of receiving television is and 
will continue to be able to receive over-the-air broadcast signals, 
and, if not, then such material information should be disclosed prior 
to purchase. The successful completion of the DTV transition depends 
upon satisfaction of this basic consumer expectation.
    23. We also note that subsidized digital-to-analog (``D-to-A'') 
converter boxes will be available to eligible consumers starting 
January 2008, further promoting access to digital reception equipment. 
(47 U.S.C.A. Section 309 Note. 47 CFR part 301. Starting January 1, 
2008, all U.S. households will be eligible to request up to two $40 
coupons to be used toward the purchase of up to two D-to-A converter 
boxes, while the initial $990 million allocated for the program is 
available. 47 CFR 301.3-4. If the initial funds are used up and the 
additional funds (up to $510 million) are authorized, eligibility for 
the coupons will be limited to over-the-air-only television households. 
Eligible consumers will have until March 31, 2009, to make a request 
for these coupons.) This subsidy program, which was created by the DTV 
Act, will allow consumers with analog-only TV sets to receive over-the-
air broadcast programming after the February 17, 2009, transition date, 
when analog broadcasting ends. Congress directed the National 
Telecommunications and Information Administration (``NTIA'') of the 
U.S. Department of Commerce to administer this subsidy program. (The 
DTV Act Section 3005(a)(1) directs the Assistant Secretary for 
Communications and Information to ``implement and administer a program 
through which households in the United States may obtain coupons that 
can be applied toward the purchase of digital-to-analog converter 
boxes.'' The purpose of the program is to enable consumers to continue 
receiving broadcast programming over the air using analog-only 
televisions not connected to cable or satellite service.) In March 
2007, NTIA issued final rules to implement the program, which 
subsidizes the purchase of D-to-A converter boxes. (NTIA established 
rules for the coupon program in 47 CFR part 301. The rules became 
effective April 16, 2007.) The Commission is working with NTIA to test 
the D-to-A converters for eligibility to be certified for the coupon 
program.
    24. The Commission has also taken action to ensure that all cable 
subscribers, including those with analog TV sets, can view broadcast 
television after the DTV transition. Approximately 35 percent of all 
television homes, or approximately 40 million households, are analog-
only cable subscribers.
    25. In September 2007, the Commission adopted rules ensuring that 
the 98 million TV viewers retain the same access to their local 
stations after the transition as they do today. The rules will require 
cable operators to comply with the statutory viewability requirement by 
choosing to either: (1) Carry digital signals in analog format, or (2) 
for all-digital systems, carry the signals only in digital format, 
provided that all subscribers have the necessary equipment to view the 
broadcast content. The viewability requirements will be in force from 
the date of the transition through February 2012 subject to review by 
the Commission during the last year of this period.
    26. The Commission also reaffirmed the existing material 
degradation standard for cable carriage of digital signals, including 
the requirement that cable systems carry high definition (``HD'') 
broadcast signals in HD format. In addition, the Commission has taken 
several actions to increase consumer awareness about the impending DTV 
transition. Successful completion of the DTV transition depends upon 
government and industry working together to promote consumer awareness 
and minimize the burdens borne by consumers. In July 2007, the 
Commission adopted a Notice of Proposed Rulemaking for the Commission's 
Digital Television Consumer Education Initiative (``DTV Consumer 
Education NPRM '' 72 FR 46014, August 16, 2007), which requested 
comment on several proposals relating to consumer education about the 
DTV transition, including considering the best means of creating a 
coordinated, national DTV consumer education campaign. (Alternatively, 
the notification could describe how to get service from another station 
affiliated with the same network and serving the same lost area.) We 
proposed to require television broadcast licensees to conduct on-air 
consumer education efforts and to require ``broadcast licensees and 
permittees to report, every 90 days, their consumer education efforts, 
including the time, frequency, and content of public service 
announcements aired by each station in a market, with civil penalties 
for noncompliance.'' (Comments were due September 17, 2007 and reply 
comments were due October 1, 2007. An order addressing the proposals in 
this docket was circulated on October 16, 2007. See Written Statement 
of the Honorable Kevin J. Martin, Chairman, Federal Communications 
Commission, Before the Committee on Energy and Commerce, Subcommittee 
on Telecommunications and the Internet, U.S. House of Representatives 
(dated October 17, 2007); http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-277414A1.doc.v). It also sought comment on proposals 
about notices in MVPD customer billing statements, notices from 
consumer electronics manufacturers, and consumer electronics retailer 
training and education, among others.
    27. In addition, on September 26, 2007, the Commission held the 
first in a series of Commission Digital Television Consumer Education 
Workshops. (The workshops will focus on communities that have been 
identified as being likely to be disproportionately impacted by the 
transition and least aware of it. These communities include, for 
example, seniors, minorities and non-English speakers, people with 
disabilities, low-income earners, and those living in rural areas. On 
November 8, 2007, the Commission hosted a workshop that addressed 
issues related to ensuring that seniors are prepared for the DTV 
transition. On December 4, 2007, the Commission hosted a workshop that 
addressed issues related to ensuring that minority and non-English-
speaking consumers are prepared for the DTV transition.) These 
workshops provide an opportunity for all interested parties to jointly 
discuss the challenges associated with the upcoming transition and 
explore ways to develop coordinated consumer education activities. The 
Commission invites organizations representing a broad range of 
consumers and other stakeholders to participate, including those who 
represent senior citizens, low-income consumers, non-English speakers, 
people with disabilities, tribes, and public interest organizations 
working on behalf of

[[Page 5642]]

underserved customers or those living in rural areas.

V. Final DTV Transition Rules

    28. By statute, full-power television broadcast stations must cease 
analog operations by 11:59 p.m. on February 17, 2009. Accordingly, our 
focus is now on overseeing broadcasters' construction of facilities 
that will reach viewers in their authorized service areas by the time 
they must cease broadcasting in analog. Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory 
responsibilities and can begin operations on their final, post-
transition (digital) channels by the expiration of the transition 
deadline on February 17, 2009. We take seriously our goal to ensure 
that consumers who have diligently prepared for the transition by 
obtaining the necessary DTV receiver equipment are able to, at a 
minimum, continue to watch their existing television programming after 
the transition date. In order to make this transition as smooth as 
possible for consumers, stations must have their digital facilities in 
place and ready to commence operations no later than 12:00 a.m. on 
February 18, 2009. We recognize that the transition is a complex 
undertaking presenting many challenges to the broadcast industry and 
that some disruption of television service may be unavoidable leading 
up to the analog turn-off. Accordingly, we adopt rules, where possible, 
to offer broadcasters some regulatory flexibility. At the same time, 
however, we must still ensure that DTV broadcasters will at least reach 
the audiences that they have been serving with their analog service and 
that, after the transition date, viewers will continue to have access 
to the stations that they are accustomed to receiving over the air.
    29. Stations are reminded that their authority to operate on a pre-
transition channel, whether analog or digital, ends on February 17, 
2009. Continued operation of analog or pre-transition digital 
facilities after that date is operation without a license and will 
result in the imposition of sanctions for unauthorized operations. Only 
stations that have applied for and been granted specific authority to 
remain on a pre-transition digital channel may continue operating on 
that channel. As noted in the Third DTV Periodic Review NPRM, we 
recognize that there may be some situations where a station's ability 
to commence its post-transition operations will be dependent on another 
station's construction and operating plans. For example, station A may 
need to begin testing its digital facility on its post-transition 
channel in order to be ready to operate after the transition date, but 
station B is currently using the channel for pre-transition (analog or 
digital) service. In such situations, close cooperation will be needed 
between these stations. We expect that broadcasters will make all 
possible accommodations to ensure that all stations will be able to 
provide digital service on their post-transition channels at the 
transition date.
    30. We begin by, first, adopting our proposal to gather information 
about each station's transition status and plan to meet the deadline. 
Second, we adopt our proposed deadlines for the construction and 
operation of stations' final digital facilities. Third, we adopt our 
proposed stricter standards for granting stations extensions of time to 
construct digital facilities. Fourth, we adopt our proposals to permit 
qualifying stations to make a ``phased transition'' in an effort to 
afford regulatory relief without undermining the expectations of over-
the-air viewers. Fifth, we adopt flexible rules allowing stations to 
reduce and/or terminate their analog and pre-transition digital 
television service before the transition deadline if doing so is 
necessary to achieve their transition. Sixth, we adopt our proposal to 
permit qualifying stations to transition early. Seventh, we address the 
rules, procedures and interference standards for stations to file 
applications for construction permits to build their final, post-
transition facilities and to request authorization to maximize their 
facilities. Finally, we address a variety of other issues related to 
the DTV transition. (We note the Commission's rules for full-power 
television will need to be updated to eliminate outdated references to 
analog and out-of-core television service and clarify engineering 
issues that differ for digital transmission and analog transmission. 
Such housekeeping matters will be addressed in a separate rulemaking in 
the DTV proceeding, MB Docket No. 87-268.)

A. Broadcasters' Transition Status

    31. Stations are responsible for meeting the statutory deadline for 
the DTV transition. The Commission has no discretion to waive or change 
this transition date. Full-power broadcast stations not ready to 
commence digital operations upon expiration of the deadline for the 
transition on February 17, 2009, must go dark on their analog channel 
and risk losing their authorizations to operate after the transition 
date.
    32. We have finalized post-transition channel assignments for every 
eligible station. (See 47 CFR 73.622(i). These post-transition channel 
assignments largely were based on the choices made by licensees during 
the channel-election process. Eligibility for a proposed post-
transition channel assignment was limited to existing Commission 
licensees and permittees.) In the post-transition DTV Table, 1,812 
stations received post-transition DTV channels. (This total includes 
1,806 stations announced in Appendix A to the Seventh FNPRM and six 
additional stations announced in a subsequent public notice. Additional 
new permittees may also be announced before the transition deadline.) 
Of these, 1,178 stations received the DTV channel on which they are 
currently authorized, 517 stations received the NTSC channel on which 
they are currently authorized, and 117 stations received a different 
channel from which they are currently authorized. In addition, we have 
proposed post-transition channel assignments for 13 stations that 
became eligible after the channel election process.
    33. The process of transitioning the entire TV broadcast industry 
to digital-only operation on each station's final channels will be 
complex. Accordingly, most stations should have their plans in place 
for their transition to digital-only service on their post-transition 
channel. Some stations may now be ready, or very close to ready, to 
make their transition. Other stations, however, will need to take 
significant steps to accomplish their transition. Stations' situations 
will vary based on their final channel assignments in the new DTV Table 
and whether they must change their transmission facilities to operate 
on their post-transition channels.
1. Transition Status Reports (Form 387) Adopted
    34. We adopt our proposal in the Third DTV Periodic Review NPRM to 
require all full-power television stations to file a form detailing (1) 
their current transition status, (2) any additional steps needed to 
commence their full, digital operations, and (3) their timeline to meet 
the February 17, 2009 transition deadline. The record supports adoption 
of this form. (Form 387 attached hereto as Appendix C). We agree with 
commenters and find that these forms will assist the Commission, 
industry, and the public in assessing progress and making plans for the 
transition date. We note, however, that these forms are not a 
substitute for active coordination efforts that may be necessary 
between and among broadcasters. Stations' forms will be made publicly 
available on the Commission's Web site.

[[Page 5643]]

    35. We will require stations to file these forms no later than 
February 18, 2008. (Although the Commission originally proposed 
December 1, 2007 as the date broadcasters must file their forms, in 
response to the comments, we instead adopt February 18, 2008 as that 
date. We expect that, by February 18, 2008, this Report and Order will 
have been published in the Federal Register and have become effective 
and also that the Commission will have obtained the necessary OMB 
approval for this information collection. See OMB Control No. 3060-
1105. The Media Bureau will announce when OMB approval has been 
obtained and will confirm the February 18, 2008 filing deadline for 
when broadcasters must file the form.) In addition, stations must 
update their forms, as necessary, until they report the completion of 
their transition--specifically, that they have begun operating their 
full facility as authorized by the post-transition DTV Table Appendix 
B. As proposed, each station is responsible for the continuing accuracy 
and completeness of the information furnished in their form. (This 
requirement is consistent with 47 CFR 1.65(a).) Whenever the 
information furnished in their form is no longer substantially accurate 
and complete in all significant respects, the station must file an 
updated form as promptly as possible and in any event within 30 days to 
furnish such additional or corrected information as is appropriate. 
Examples of a significant change would include a change in a station's 
(1) transition plans, (2) construction or operational status or (3) 
existing service (e.g., reduction or termination of analog or pre-
transition digital service). Stations must continue to file updates 
until construction of fully authorized post-transition facilities is 
complete and the station has begun operating its full post-transition 
DTV Table Appendix B facility. Commenters express concern that some 
stations may not be able to set a detailed timeline by the due date 
because some of their transition logistics (e.g., details about 
equipment and tower crews) are beyond their control. We recognize that 
some stations may need to update their forms several times as they 
progress through their transitions. At a minimum, stations that have 
not completed construction of their post-transition facility and 
applied for a license to cover by October 20, 2008, must update their 
form to report their current status as of that date. Stations unable to 
answer questions on the form on the initial filing date must explain 
their reasons for not providing an answer and indicate when they expect 
to update the form to provide an appropriate response. We delegate 
authority to the Media Bureau to follow up with stations that do not 
file or update their forms. We intend to use these forms to identify 
stations that are not communicating their progress and may need to 
contact stations directly to assess and discuss the station's 
transition status. In addition, the Media Bureau will prepare a 
comprehensive summary report of the information provided in the Form 
387 no later than August 18, 2008 (six months prior to the February 17, 
2009 transition deadline). This report will enable us to assess 
progress toward completing the transition and to make any mid-
transition adjustments in time for the February 17, 2009 deadline.
2. Stations Identified as Ready To Commence Post-Transition Operations
    36. There are more than 800 stations that have built their post-
transition facility. (This number is increasing as stations complete 
construction of their post-transition facilities and file for licenses 
to cover.) These stations have built and licensed or applied to license 
their full authorized DTV facilities as defined in the post-transition 
DTV Table Appendix B (i.e., their post-transition channel is the same 
as their pre-transition DTV channel). We note that in the Third DTV 
Periodic Review NPRM, we listed 752 stations on Appendix D. In response 
to comments, we have now added approximately 50 stations and removed 
approximately three stations from this list. We have also added other 
stations to this list that we have identified as having become ready to 
make their transition because they have filed for a license to cover 
their post transition (DTV Table Appendix B) facilities since the close 
of the comment cycle in this proceeding. The stations listed in 
Appendix D, however, must still file a transition status report, FCC 
Form 387, to confirm their operational status and indicate their timing 
for terminating their analog service.

B. Construction Deadlines for Full, Authorized DTV Facilities

    37. We establish the following deadlines for full-power television 
broadcast stations to construct their full, authorized post-transition 
(digital) facilities (as defined in the post-transition DTV Table 
Appendix B):
     February 17, 2009 will be the construction deadline for 
stations building digital facilities based on a new channel allotment 
in the post-transition DTV Table, i.e., stations that will be returning 
to their analog channel or moving to a new digital channel for post-
transition operations. These stations will not be required to construct 
a digital facility on their pre-transition DTV channel and will be 
permitted to forego further construction to the extent such a facility 
has been partially built.
     February 17, 2009 will also be the construction deadline 
for stations demonstrating that a unique technical challenge, such as 
the need to reposition a side-mounted antenna, prevents them from 
completing construction of their final DTV facilities.
     May 18, 2008 will be the construction deadline for 
stations that will use their pre-transition DTV channel for post-
transition operations and already have a construction permit that 
matches their post-transition (DTV Table Appendix B) facilities.
     August 18, 2008 will be the construction deadline for 
stations that will use their pre-transition DTV channel for post-
transition operations, but do not have a license or construction permit 
that matches their post-transition (DTV Table Appendix B) facilities.
    As discussed in more detail below, we establish particular 
deadlines and procedures for stations falling into specific defined 
circumstances. Stations using their pre-transition DTV channel for 
post-transition operations that do not have a construction permit that 
matches their post-transition facilities, should apply now for a new or 
modified construction permit. Stations that have a construction permit 
that has not yet expired remain subject to that expiration date. For 
stations granted ``checklist'' waivers and denied extensions or ``use 
or lose'' waivers, their deadline will depend upon whether a station's 
pre-transition DTV channel is the same or different from its post-
transition channel. Finally, we adopt a stricter standard for stations 
to obtain an extension of time to construct their post-transition 
facilities, but offer flexibility to certain stations if they can build 
facilities that would serve at least the same population that is served 
by their current television service and would not cause impermissible 
interference to other stations.
    38. Commenters generally disagreed with our proposed deadlines and 
sought more time to complete construction of their full, authorized 
post-transition facilities. Many commenters noted that Congress did not 
expressly mandate the date by which broadcasters must operate at full, 
authorized facilities on their post-transition channel, only that 
stations must operate in digital and inside the TV core spectrum. Thus, 
several commenters argued for

[[Page 5644]]

significant flexibility to achieve their construction deadline, with 
some seeking the discretion to take up to one year, or more, after the 
transition date to complete their full, authorized facilities, while 
stations are providing digital service only to their communities of 
license. In addition, other commenters argued that the Commission 
should view the final DTV Table Appendix B as setting forth the maximum 
coverage contour in which a station may operate, rather than the exact 
parameters on which they must operate.
    39. We find that compliance with our construction deadlines is 
necessary to ensure that consumers are not left behind in the 
transition. (As discussed further below, we will afford regulatory 
flexibility to stations where doing so would not cause existing viewers 
to lose service.) Viewers who have prepared for the DTV transition 
should be able to receive television service when analog transmissions 
cease on February 17, 2009. To achieve this goal, it is imperative that 
all stations finalize construction of their post-transition facilities 
and operate at full, authorized facilities by the deadline. Given the 
February 17, 2009 deadline established by Congress for full-power 
stations to end analog service, stations' primary goal must now be to 
ensure that DTV stations will be operating at their full, authorized 
facilities on their final, post-transition channels by that date. 
Previously, our efforts had been to facilitate the initiation of DTV 
service to the public during the transition. This approach was 
designed, in part, to accomplish the goal of completing the transition 
by the original December 31, 2006 deadline established by Congress, a 
deadline that could have been extended under several circumstances. We 
recognize, as noted by some commenters, that strict compliance with our 
DTV construction deadlines would require some stations to reduce or 
terminate their analog service before the transition date. In those 
cases in which the potential impact of the loss of service prior to the 
transition would be more disruptive than the effect of reduced coverage 
area for a limited period of time after the transition, we are 
providing for flexibility. However, in other cases, the loss of a 
station's analog service to some viewers pre-transition, will be 
necessary to enable construction of post-transition facilities and can 
be preferable to viewers losing all television service from that 
station after the transition date if DTV facilities are not ready and 
analog service must cease. To ensure that this flexibility serves the 
public interest, we are requiring that stations that choose either pre-
transition service reduction or post-transition phase-in must inform 
their viewers of what to expect and the options for continuing to have 
service.
    40. We reject commenters' arguments that we should provide blanket 
authority for stations to operate at less than full, authorized post-
transition facilities after the transition date. Commenters offered 
several reasons why they may need more time to build their final DTV 
facilities, which reasons include the following: (1) Stations may need 
to make ``complicated technical changes'' to their facilities to 
achieve their transition (e.g., those returning to their analog channel 
and intending to reuse their analog antenna); (2) there may be a 
shortage of equipment and qualified tower crews needed to implement 
final DTV construction; (3) winter weather may prevent some stations 
from constructing their final facilities; or (4) a single deadline for 
many stations may cause delays in the processing of needed construction 
permit applications. We appreciate these specific concerns, but find 
that giving blanket authority for an industry-wide, staggered deadline 
beyond the transition date would leave a significant number of over-
the-air viewers without television service on and after the transition 
date, as analog service will have ceased, but some stations would not 
yet have been required to complete DTV facilities. Only by requiring 
that full, post-transition facilities are operating on the transition 
date can we ensure a successful DTV transition; namely, the continued 
availability of television service.
    41. While we set strict construction deadlines in this Report and 
Order, we also adopt flexible rules and procedures that will address 
the specific concerns raised by commenters, such as those noted above. 
For example, we are affording stations facing unique technical 
challenges, such as the need to reposition their side-mount antennas, 
until the transition date to construct their full, authorized post-
transition facilities, and we anticipate that many of these stations 
may also qualify for extensions--even under our stricter extension 
criteria, as well as for the provisions for a ``phased transition.'' We 
also expect that these stations will benefit from the new flexible 
rules for service reduction and termination in advance of the 
transition date. Similarly, while we generally will not consider 
extension requests by stations on the basis of weather or a shortage of 
equipment and qualified tower crews, our new extension rules will still 
allow consideration of requests from those stations with demonstrable 
and genuine difficulties because of weather or equipment problems. 
Furthermore, we expect that many stations will transition early and 
begin operating their final post-transition facilities in advance of 
the deadline and the onset of the winter months. Finally, we adopt 
rules for the expedited processing of stations' post-transition 
construction permit applications to address commenters' concerns about 
the potential for delays in obtaining the necessary Commission 
authorizations to construct their final DTV facilities. (Stations that 
apply for the facilities to which they certified in 2004 and, thus, are 
now specified for them in the post-transition DTV Table Appendix B will 
have this opportunity for expedited processing.) In addition, our 
processing rules address commenters' concerns that stations may not be 
able to use their existing analog channel antennas because the antenna 
patterns of those antennas may not match the antenna patterns specified 
for them in the post-transition DTV Table Appendix B. In sum, we find 
that the rules and policies we adopt in this Report and Order will 
ensure that stations have sufficient time to complete construction of 
their final DTV facilities by their respective deadlines.
1. Stations Whose Post-Transition Channel Is Different From Their Pre-
Transition DTV Channel
    42. For stations whose pre-transition DTV channel is different from 
their post-transition channel (i.e., stations returning to their analog 
channel or moving to a new channel for post-transition operations; this 
number includes 517 stations returning to their analog channel post-
transition and 117 moving to a new channel for post-transition 
operations. We note, however, that some of these stations may have a 
documented unique technical challenge and, therefore, would fall into 
category three.), we adopt our proposals in the Third DTV Periodic 
Review NPRM to:
    (1) Establish February 17, 2009 as the deadline by which these 
stations must complete their post-transition (DTV Table Appendix B) 
facilities; and
    (2) Permit these stations to forego construction of their pre-
transition DTV channel.
    Approximately 634 stations fall into this category. We find that 
these stations face a greater challenge than stations that will remain 
on the same DTV channel for post-transition operations. Stations moving 
to a new channel must apply for a construction permit on that channel 
and build new facilities based on the channel allotments in the post-
transition DTV Table Appendix B. We

[[Page 5645]]

find that stations facing the challenges associated with moving to a 
new DTV channel should be afforded the maximum possible time to 
complete their post-transition facilities before analog transmissions 
must cease. As discussed above, we disagree with commenters that seek a 
blanket extension for additional time beyond the transition date 
because that would leave a significant number of viewers without any 
television service. However, as discussed above, we adopt flexible 
rules and procedures to assist stations with specific transition 
challenges and anticipate that those stations that genuinely need 
additional time to complete construction of their final, post-
transition facilities may seek an extension of time pursuant to our 
revised rules or may avail themselves of our provisions for a ``phased 
transition.''
    43. We also find that these stations may terminate further 
construction of their pre-transition DTV channel facilities in order to 
focus their efforts on constructing their permanent DTV facilities on 
their post-transition channel. Our examination of the record strongly 
favors affording stations whose pre-transition DTV channels are 
different from their post-transition channels the flexibility to stop 
construction of their pre-transition DTV channel facilities. We agree 
with commenters that argue in favor of such flexibility and find that 
requiring stations to build or expand facilities that would only be 
operated until the end of the transition--i.e., for less than 14 
months--potentially could undermine the more important public interest 
objective of ensuring a timely transition to digital broadcasting by 
diverting limited resources from the construction of final, post-
transition facilities. Accordingly, we adopt our proposal to change our 
``use or lose'' policy for these stations to allow them to retain 
interference protection to their full, authorized post-transition 
facilities. We discuss below the options available to these stations 
based on their individual circumstances.
    44. We recognize that many of these stations (whose pre-transition 
DTV channels are different from their post-transition channels) have 
been diligent in meeting the deadlines established by the Commission 
for completing construction of their pre-transition facilities in order 
to provide DTV service to the public and to be permitted to carry over 
interference protection to their permanent DTV channel. We do not 
intend to treat these stations unfairly or reward stations that have 
been less diligent in providing DTV service during the transition. We 
note that many stations that have not built their transitional 
facilities have faced impediments to doing so. In addition, most 
stations that have applied for an extension of time to construct and/or 
a waiver of the applicable use-or-lose deadline have had those requests 
granted, indicating that we found they have a valid reason for not 
meeting the applicable deadline. Finally, we find that we must permit 
stations to cease investing time and resources in completing pre-
transition DTV facilities to ensure that stations are focused on 
finalizing their post-transition facilities so that viewers will 
continue to receive television service when analog service ends.
    45. Pre-Transition DTV Channel Unbuilt or Not in Operation. We will 
permit a station that has not constructed an operational pre-transition 
DTV facility to elect simply to return its construction permit for that 
facility to the Commission and focus its efforts on construction of its 
post-transition facility. As stations in this situation are not 
currently providing digital service to the public, we find it is 
appropriate at this stage in the transition to allow these channels to 
be returned. Stations choosing this approach will be able to carry over 
interference protection to their post-transition channel.
    46. Pre-Transition DTV Channel in Operation. We will offer a 
station with an operational DTV facility on a pre-transition channel 
several options that would allow it to carry over interference 
protection to its post-transition channel. First, the station may 
discontinue further construction on its pre-transition DTV facility and 
operate that partially-built facility during the remainder of the 
transition, while it focuses on building its permanent DTV facility. A 
station choosing this option must file an application to modify its 
existing construction permit to match its partially-built pre-
transition DTV facility. The station would then continue operation of 
the facility for the remainder of the transition without devoting 
resources to further build-out of that facility. Second, the station 
may cease operating its pre-transition DTV facility in certain 
circumstances, which are discussed below. Third, the station may decide 
to continue construction of its pre-transition DTV facility. We do not 
want to deny a station in this third category the opportunity to 
continue to build its pre-transition DTV facility and to provide 
service on this facility for the remainder of the transition; however, 
we find it is appropriate to require that these facilities be completed 
expeditiously. Therefore, we adopt our proposal in the Third DTV 
Periodic Review NPRM to require that such a facility be completed by 
the station's current (pre-transition) DTV construction deadline. The 
station will not be eligible for any further extensions to build its 
pre-transition DTV facility.
2. Stations Whose Post-Transition Channel Is the Same as Their Pre-
Transition DTV Channel
    47. For stations whose post-transition channel is the same as their 
pre-transition DTV channel (i.e., stations remaining on their current 
DTV channel for post-transition operations), we adopt construction 
deadlines based on whether a station has an existing license or 
construction permit that matches its facility defined in the post-
transition DTV Table Appendix B. Approximately 1,178 stations fall into 
this category. (We note, however, that some of these stations may have 
a documented unique technical challenge and, therefore, would fall into 
category three.)
    (1) May 18, 2008 will be the construction deadline for stations in 
this category that already have a construction permit that matches 
their post-transition (DTV Table Appendix B) facilities.
    (2) August 18, 2008 will be the construction deadline for stations 
in this category, but which do not have a license or construction 
permit that matches their post-transition (DTV Table Appendix B) 
facilities and, therefore, need to apply for a new or modified 
construction permit.
    Although we are moving back the deadline we proposed in the Third 
DTV Periodic Review NPRM, which would have required stations in this 
category to have completed construction of their final post-transition 
(DTV Table Appendix B) facilities by November 18, 2007 we find that it 
is appropriate to require stations in this category to complete 
construction prior to February 17, 2009. (November 18, 2007 is the 
deadline established for theses stations in both the Construction 
Deadline Extension Order and the Use-or-Lose Order.) These stations 
have already had a significant period of time in which to build digital 
facilities on their post-transition channels and, indeed, should 
already have constructed these facilities by their previously 
established DTV construction deadline, which for many stations was 
November 18, 2007. (Approximately 83 stations have filed requests for 
an extension of time of this deadline.) Unlike stations that will be 
moving to a different DTV channel for post-transition use, these 
stations have generally had the advantage of being able to plan for and 
commence construction of their post-transition

[[Page 5646]]

facilities for more than 10 years. In contrast, stations moving to a 
different channel for post-transition operations have only recently 
been assigned their new channel and, thus, are only now able to apply 
for a construction permit for this channel and commence construction of 
their final digital facilities. (Approximately 855 stations, listed in 
Appendix D, have satisfied their build-out requirements and are ready 
to complete their transition.) Furthermore, we note that more than 800 
of the 1,178 stations in this category have been licensed, or have 
filed for a license, to operate authorized post-transition facilities. 
We recognize that some stations in this category may face unique 
technical challenges, such as the need to reposition their side-mount 
antenna, or other issues that may prevent them from constructing full, 
authorized post-transition facilities by the deadlines we establish. As 
discussed below, these stations that are facing unique technical 
challenges will receive a construction deadline of February 17, 2009 
and those that legitimately need additional time to complete 
construction of their full, authorized post-transition facilities may 
seek an extension of time pursuant to our revised rules or may avail 
themselves of the provisions for a ``phased transition'' discussed 
below.
    48. Stations With CPs That Match Facilities in DTV Table Appendix 
B. We establish May 18, 2008 as the construction deadline for stations 
in this category (i.e., stations whose post-transition channel is the 
same as their pre-transition DTV channel) that already have a 
construction permit that matches their post-transition (DTV Table 
Appendix B) facilities. There are more than 250 stations with CPs that 
conform to the facilities in DTV Table Appendix B. This number will 
fluctuate as stations file modification applications or file license 
applications. (Some stations have filed Petitions for Reconsideration 
of the Seventh Report and Order requesting adjustments to Appendix B, 
and therefore are not included in this group, while others may choose 
to make adjustments at the application stage.) While most stations in 
this group have built and licensed their construction permit, and are 
now operating at full, authorized post-transition facilities, some 
stations in this group still have not built their existing construction 
permit. These stations include (1) those that received an extension of 
time until November 18, 2007, in either the Construction Deadline 
Extension Order or the Use-or-Lose Order, and that have an extension 
request of that deadline pending as of the date this Report and Order 
is adopted (Approximately 32 stations that received extensions in May 
have constructed and filed their license applications; 46 stations that 
received waivers in May constructed and filed their license 
applications.); and (2) those that have a construction permit that 
expired after adoption of the Construction Deadline Extension Order 
(i.e., May 17, 2007) and that have an extension request of that 
deadline pending as of the date this Report and Order is adopted. By 
adopting May 18, 2008 as the construction deadline for these stations, 
we are hereby granting the relief sought in the pending extension 
requests of these stations and will afford them an extension until that 
date. (We also grant any requests for use-or-lose waivers by these 
stations that are pending as of the date this Report and Order is 
adopted.) We expect that these stations will finally be able to 
complete construction of their digital facilities and warn these 
stations that future requests for an extension of the deadline will be 
reviewed under the stricter standard adopted below. The stations in 
this group (i.e., stations with a construction permit that matches 
their DTV Table Appendix B facilities) also include those that have a 
construction permit that has not yet expired, but based on the fact 
that most stations in this group have succeeded in timely building 
their permitted post-transition facilities, we expect that these 
stations will be able to meet their existing CP deadlines and will not 
need the additional time.
    49. Stations With an Unbuilt CP That Does Not Match Facilities in 
DTV Table Appendix B. (This includes stations with an unbuilt CP that 
may be operating a reduced digital facility pursuant to STA.) We 
establish August 18, 2008 as the construction deadline for stations in 
this category (i.e., stations whose post-transition channel is the same 
as their pre-transition DTV channel) that have an unbuilt construction 
permit for facilities that for some reason do not match those specified 
for them in the post-transition DTV Table Appendix B. There are roughly 
60 stations with a CP they have not built and whose CP does not closely 
match facilities in the DTV Table Appendix B. These stations would 
therefore need either to modify either their CP to match Appendix B or 
request that we revise the facility listed for them on Appendix B. 
Similar to the previous group (i.e., stations with a construction 
permit that matches their DTV Table Appendix B facilities), these 
stations include (1) those that received an extension of time until 
November 18, 2007, in either the Construction Deadline Extension Order 
or the Use-or-Lose Order, and that have an extension request of that 
deadline pending as of the date this Report and Order is adopted; and 
(2) those that have a construction permit that expired after adoption 
of the Construction Deadline Extension Order (i.e., May 17, 2007) and 
that have an extension request of that deadline pending as of the date 
this Report and Order is adopted. By adopting August 18, 2008 as the 
construction deadline for these stations, we are hereby granting the 
relief sought in the pending extension requests of these stations and 
will afford them an extension until that date. (We also grant any 
requests for use-or-lose waivers by these stations that are pending as 
of the date this Report and Order is adopted.) We expect that these 
stations will finally be able to complete construction of their digital 
facilities and warn these stations that future requests for an 
extension of the deadline will be reviewed under the stricter standard 
adopted below. The stations in this group (i.e., stations with an 
unbuilt construction permit that for some reason does not match the 
facilities specified for them in the post-transition DTV Table Appendix 
B) also include those that have a construction permit that has not yet 
expired, but we expect that these stations will be able to meet their 
existing CP deadlines and will not presume that these stations will 
need the additional time. We recognize that some stations in this group 
may also include stations that intend to build their CP and not their 
DTV Table Appendix B facilities. These stations should file their 
applications now to indicate their intent to do this.
    50. We find that the stations in this group (i.e., stations with an 
unbuilt construction permit that for some reason do not match those 
facilities specified for them in the post-transition DTV Table Appendix 
B) warrant additional construction time than that afforded to the 
stations in the previous group (that is, stations with a construction 
permit that matches their DTV Table Appendix B facilities) because 
these stations need to file an application for a new or modified 
construction permit to conform their existing construction permit to 
those facilities specified for them in the post-transition DTV Table 
Appendix B. (In the Third DTV Periodic Review NPRM, we recognized that 
stations that needed to apply for a new or modified CP because that CP 
did not match the facilities specified for them in the post-transition 
DTV Table Appendix

[[Page 5647]]

B may need more time to construct. See Third DTV Periodic Review NPRM, 
at para. 71.) We expect, however, that the actual construction of the 
different DTV Table Appendix B facilities should not otherwise cause 
delay, particularly because these stations never built their existing 
construction permit. Moreover, we note that these stations should have 
filed applications for such conforming facilities soon after the new 
post-transition DTV Table became effective on October 26, 2007, and 
should do so immediately if they have not done so already. We also note 
that changes made to these stations' construction permits since they 
made their certifications (via FCC Form 381) in 2004 were made pursuant 
to these stations' specific requests.
    51. We recognize that some stations in this group cannot commence 
operations at their final DTV Table Appendix B facilities because doing 
so would cause impermissible interference to other current television 
operations. These stations must build and operate their currently 
authorized digital facilities reflected in their existing CP by the 
August 18, 2008 deadline and may seek an extension of time to February 
17, 2009, at which time they could file their modification application 
to conform to those facilities specified in the post-transition DTV 
Table Appendix B. We expect, however, that these stations will apply 
now to modify their facilities to match the post-transition DTV Table 
Appendix B and will begin operations at full, authorized facilities as 
soon as the impermissible pre-transition interference concerns are 
resolved (e.g., the affected pre-transition station moves to its post-
transition channel).
    52. Stations With a License That Does Not Match Facilities in DTV 
Table Appendix B. We establish August 18, 2008 as the construction 
deadline for stations in this category (i.e., stations whose post-
transition channel is the same as their pre-transition DTV channel) 
that have a license for facilities that for some reason do not match 
those specified for them in the post-transition DTV Table Appendix B. 
There are more than 300 stations with a licensed pre-transition 
facility that does not match facilities in DTV Table Appendix B, and 
therefore would need to apply for a CP for facilities that do match 
Appendix B or request that we revise the facility listed for them on 
Appendix B. We find that these stations generally should be treated 
like those stations with an unbuilt construction permit that for some 
reason does not match the post-transition DTV Table Appendix B 
facilities because they, too, need to file an application for a new or 
modified construction permit to conform their license to those 
facilities specified for them in the post-transition DTV Table Appendix 
B. We note, however, that unlike those stations with an unbuilt 
construction permit, these stations built a digital facility and met 
their previous DTV construction deadline. We will take this factor into 
consideration to the extent that such stations may request additional 
time to meet their post-transition facility deadline. For example, 
while we expect that these stations will not need to make significant 
modifications to conform their licensed facilities, we will consider 
granting requests from these stations if they can demonstrate that the 
modifications to conform their licensed facilities are, indeed, 
significant. We recognize that some stations in this group (i.e., 
stations with licensed facilities that for some reason do not match 
those specified for them in the post-transition DTV Table Appendix B) 
may have constructed their intended facilities and do not intend to 
build their DTV Table Appendix B facilities. These stations should file 
their applications now to indicate their intent to do this.
3. Stations Facing Unique Technical Challenges
    53. We adopt our proposal in Third DTV Periodic Review NPRM to 
establish February 17, 2009 as the deadline for stations facing 
``unique technical challenges'' (as defined in the Construction 
Deadline Extension Order and the Use or Lose Order) preventing them 
from completing construction of their final, post-transition 
facilities. (February 17, 2009 was originally established as the 
deadline for these stations in the Use or Lose Order and Construction 
Deadline Order.) This category is limited to the types of situations 
described for stations facing ``unique technical challenges'' in the 
Construction Deadline Extension Order and the Use or Lose Order. Most 
of the stations are in this group because they need to reposition a 
top-mounted analog antenna with a side-mounted digital antenna. (Forty-
five stations received a use-or-lose waiver and four stations received 
an extension in this category.) There may also be other stations in 
this group that met their previous DTV construction requirements but 
now face unique technical challenges in meeting their deadline to 
construct post-transition (DTV Table Appendix B) facilities. Such 
challenges include stations that have a side-mounted digital antenna 
and top-mounted analog antenna and will need to install a top-mounted 
antenna for post-transition digital use, but cannot do so before the 
end of the transition because the tower cannot support the additional 
weight of a third antenna, or face other circumstances in which the 
operation of a station's analog service prevents the completion of 
construction of the station's full, authorized post-transition 
facility, including stations whose local power company cannot provide 
sufficient electrical capacity to the tower site to power both analog 
and full power digital operations, and stations that do not have space 
at their antenna site for both analog and digital equipment. (Most of 
these stations proposed to install their DTV antenna on the top of the 
tower where their existing analog antenna currently is housed. In order 
to top-mount the DTV antenna, these stations would have to relocate the 
analog antenna to another position on the existing tower or to another 
location altogether, necessitating the purchase of a new analog antenna 
that would be usable for only a very short period of time.) Stations 
must document their status as a station facing a ``unique technical 
challenge'' and, thereby, obtain February 17, 2009 as their new 
construction deadline, by specifying such status in their application 
for post-transition facilities (Forms 301 or 340), if applicable, or by 
filing a notification electronically through the Commission's 
Consolidated Database System (``CDBS'') using the Informal Application 
filing form. Stations must also specify their status in their 
Transition Status Reports (Form 387). (Stations must check the 
appropriate box on Question (v)(3) in Section III (Next Steps) of the 
form, and must also detail their plans for repositioning their top-
mounted/side-mounted antennas in Section V (DTV Transition Plan) of the 
form.) Although commenters did not support setting any firm deadline 
for these stations before the transition date, they did generally 
support our approach to provide these stations with more time to 
complete construction of their final DTV facilities than those stations 
without such unique technical challenges. We appreciate that these 
stations may need more time to complete construction of their final DTV 
facilities than other stations due to the challenge of configuring 
their station's post-transition facilities. Commenters have argued that 
stations with existing top-mounted analog and side-mounted digital 
antennas may face problems if they are forced to complete their final 
DTV facilities before the statutory analog shutdown. For example, a 
station with a side-mounted DTV antenna, a

[[Page 5648]]

top-mounted analog antenna and a top-mount DTV allotment risks 
significant analog service losses if it attempts to build-out its post-
transition allotment before the analog shutdown. We, thus, conclude 
that imposing an earlier deadline for stations with unique technical 
challenges could create technical problems or the needless incurrence 
of extra engineering expenses. Therefore, we will continue to permit 
these stations the maximum amount of time--until the end of the 
transition--to complete the construction of their final DTV facilities.
    54. However, as discussed above, we cannot give stations blanket 
authority for more construction time beyond the transition date without 
risking the availability of post-transition television service to 
viewers. We do agree with commenters, however, that our rules and 
policies must be flexible to enable stations with unique technical 
challenges to make a smooth transition. In particular, we expect that 
stations facing unique technical challenges will benefit from our 
provisions for a ``phased transition.'' (We note that not all of the 
stations granted a use or lose waiver in this category have the type of 
situation that is likely to warrant further time to complete 
construction after the transition date.) For example, Allbritton has 
requested that the Commission permit a station with a top-mounted 
analog antenna to delay the start of construction of top-mounted, post 
transition DTV facilities until after the analog shut-down, provided 
that station's existing DTV facility provides service to 100 percent of 
its replication area. We find that the ``phased transition'' 
alternative build-out policy that we adopt below will provide an avenue 
for the relief requested by Allbritton.
4. Other Situations
    55. We adopt our proposals concerning the treatment of stations 
granted a waiver of the August 4, 2005 ``checklist'' deadline and 
stations denied an extension of time to construct a pre-transition DTV 
facility or a ``use or lose'' waiver request. (These stations sought a 
waiver of the August 4, 2005 deadline established for all television 
stations to construct and operate a ``checklist'' DTV facility.)
    56. Checklist Waiver Stations. We adopt our proposal in Third DTV 
Periodic Review NPRM to set a construction deadline for the 10 stations 
granted a ``checklist'' waiver that is based upon whether their pre-
transition DTV channel is the same as, or different from, their post-
transition channel. We received no comments on this issue. We find that 
our original proposal is an appropriate method for setting the 
construction deadline for these stations. Accordingly, the six stations 
granted ``checklist'' waivers whose pre-transition DTV channel is 
different from their post-transition channel may forego construction of 
their pre-transition DTV facility and must complete construction of 
their post-transition facility by February 17, 2009. (This number will 
change from six to seven if our proposed channel change for station 
WPCW-DT, Jeannette, PA (from its DTV channel 49 to new channel 11) is 
adopted, giving the station a construction deadline of February 17, 
2009. These stations will be treated like any other stations whose pre-
transition DTV channel is different than their post-transition 
channel.) The four stations granted ``checklist'' waivers whose pre-
transition DTV channel is the same as their post-transition channel, 
must complete their full, final post-transition facility by the 
deadline established for other stations whose pre-transition DTV 
channel is the same as their post-transition channel. (Station WSMH-DT, 
Flint, MI is the only one of these stations that has yet to apply for 
and build its post-transition DTV Table Appendix B facilities and, 
accordingly, has a construction deadline of August 18, 2008.)
    57. Stations Denied an Extension of Time to Construct. Five 
stations were denied extensions in the Construction Deadline Extension 
Order. Three of these stations were admonished and made subject to 
remedial measures. One admonished station, whose pre-transition DTV 
channel is the same as its post-transition channel, was afforded six 
months from the release date of the Order to comply with the DTV 
construction rule. The other two admonished stations, whose pre-
transition DTV channel is different from their post-transition channel, 
were afforded until 30 days after the effective date of the amendments 
to section 73.624(d) of the rules to be adopted in the Report and Order 
in this Third DTV Periodic Review proceeding. All three admonished 
stations were also made subject to the remedial measures for DTV 
construction adopted by the Commission. For the three admonished 
stations, we proposed in the Third DTV Periodic Review NPRM to not 
consider any future requests for extension of time to construct pre-
transition facilities. As we stated in the Third DTV Periodic Review 
NPRM, we believe that admonished stations that have been denied an 
extension of their construction deadline and have been required to 
follow remedial procedures should be treated more strictly than 
stations that have been granted an extension of the construction 
deadline. We received no comments on this issue and will adopt our 
proposal.
    58. Of the three stations that were denied an extension and 
admonished, only one station, WTVA-DT, channel 8, Tupelo, Mississippi, 
has still not built its pre-transition facility. (We note that the two 
other stations that were denied extensions and admonished have since 
reported the completion of their final DTV facility and, therefore, do 
not require further consideration. These stations are KJUD-DT, Juneau, 
Alaska and KECY-DT, El Centro, California. KECY-DT sought 
reconsideration of the Commission's admonishment of its failure to 
complete construction in a timely manner. That reconsideration will be 
addressed in a separate proceeding.) WTVA-DT has a post-transition 
channel that is different from its pre-transition DTV channel. We 
stated in the Third DTV Periodic Review NPRM that requiring such 
stations, even if denied an extension and admonished, to build their 
pre-transition channel would be inconsistent with our policy to shift 
our focus to construction of post-transition facilities. Accordingly, 
we proposed that we would not require these stations to construct their 
pre-transition facilities, but that these stations would remain 
admonished and would remain on a remedial program with respect to 
construction of their post-transition facilities. In light of the 
Commission's consideration of the issues raised in the Third DTV 
Periodic Review NPRM, the Commission decided in the Construction 
Deadline Extension Order to temporarily stay its reporting and progress 
requirements for admonished stations in the case of WTVA-DT. As WTVA-DT 
has a post-transition channel that is different from its pre-transition 
DTV channel, consistent with our decision in this Report and Order and 
as we proposed in the Third DTV Periodic Review NPRM, we hereby 
determine that this station will not be required to construct its pre-
transition facility and will remain admonished and on a remedial 
program with respect to the construction of its post-transition 
facility. Station WTVA-DT must construct its post-transition facility 
no later than February 17, 2009, the deadline we have established in 
this Report and Order for all stations in this category. In addition, 
in accordance with our remedial program, WTVA-DT must report on its 
construction progress every 60 days following release of this Report 
and Order. If station WTVA-DT

[[Page 5649]]

fails to make progress, it will be subject to additional remedial 
measures and sanctions. These actions modify our prior remedial 
measures/admonishment order for WTVA-DT.
    59. Stations Denied Waiver of the Use or Lose Deadline. For 
stations that were denied use or lose waivers in the Use or Lose Order, 
seven stations were denied use or lose waivers in the Use or Lose Order 
and, consequently, lost interference protection to the unused portion 
of the associated coverage area and lost the ability to ``carry over'' 
their interference protection to their unserved DTV service area on 
their post-transition channel. (These stations were unable to show that 
good cause existed to allow them additional time to meet their 
applicable ``use or lose'' deadline.) Two of the seven stations denied 
``use-or-lose'' waiver requests, KAME and WCOV, are remaining on their 
current DTV channel for post-transition use. Neither of these stations 
filed petitions for reconsideration and their denial is final. They 
must file applications to modify their construction permit to specify 
their reduced DTV facilities and, upon grant of the construction 
permit, they must file a license application to cover this modification 
reflecting their now completed facility.) In the Third DTV Periodic 
Review NPRM, we invited comment on whether we should reevaluate the 
loss of interference protection for these stations with respect to 
their post-transition channel. We received no comments on this issue. 
We decline to change our decision in that order to remove interference 
protection for the parts of their service area that were not built by 
the deadline and for which these stations were unable to justify a 
waiver.
    60. There is no reason to distinguish between stations that failed 
to complete construction of their pre-transition facility by the use-
or-lose deadline based on whether or not the facility would also be 
used for post-transition operation. In this case, the required build-
out was specifically to provide pre-transition service and the failure 
to provide that service without a valid justification cannot be 
excused. Accordingly, we will not reevaluate here our decision to 
remove interference protection for these stations. These stations will 
not lose their license and must comply with the relevant deadline for 
operation of their post-transition facility if it differs from their 
pre-transition facility. (The five stations whose pre-transition 
channel is not the same as their post-transition channel are required 
to complete construction of their post-transition facility by February 
17, 2009, but have lost interference protection to that part of their 
service area that they failed to serve by the use-or-lose deadline. One 
of these stations, KUAM, did not file a petition for reconsideration 
and their denial is final. When KUAM applies for its construction 
permit, its application should reflect this modification.) We note that 
four of these stations have sought reconsideration of the denial of 
their use or lose waivers. (Stations KBDI-DT, Denver-Broomfield, 
Colorado, WDHS-DT, Iron Mountain, Michigan, WDTV-DT, Weston, WV, and 
WTXX-DT, Waterbury, Connecticut, all filed such petitions for 
reconsideration. If their petitions are denied, their applications for 
CP to construct their post-transition facilities must include the 
necessary modification to reflect the service area lost.) We will 
address these petitions for reconsiderations in a separate proceeding.
5. Extension/Waiver of DTV Construction Deadlines
    61. In this section, we adopt our proposed revisions to section 
73.624(d)(3) of the rules to tighten the standard for extension of DTV 
construction deadlines. However, we also clarify that we will consider, 
on a case by case basis in very limited circumstances, requests for an 
extension that do not meet our stricter criteria adopted herein where 
the station can show extraordinary circumstances that warrant providing 
additional time to complete construction. We also conclude that there 
will no longer be a separate treatment of ``use-or-lose'' deadlines, 
rather all requests for more time to complete construction of full 
authorized facilities will be dealt with as requests for CP extensions. 
In addition, we will require stations seeking an extension under 
section 73.624(d)(3) to comply with a viewer notification requirement 
(detailed below). Finally, as we proposed in the Third DTV Periodic 
Review NPRM, for all requests for additional time to construct DTV 
facilities for construction deadlines occurring on February 18, 2009 or 
later, we will consider such requests under the tolling standard set 
forth in section 73.3598(b) of our rules. (47 CFR 73.3598(b) provides 
that the period of construction for an original construction permit 
shall toll when construction is prevented due to an act of God (e.g., 
floods, tornados, hurricanes, or earthquakes), the grant of the permit 
is the subject of administrative or judicial review (i.e., petitions 
for reconsideration and applications for review of the grant of a 
construction permit pending before the Commission and any judicial 
appeal), or construction is delayed by a cause of action pending in 
court related to requirements for construction or operation of the 
station (i.e., zoning or environmental requirements).
    62. Specifically, we take the following steps with respect to 
requests for additional time to construct post-transition facilities:
    (1) Absent extraordinary circumstances we will no longer consider 
lack of equipment in the evaluation of whether to grant a request for 
extension of time to construct a DTV facility.
    (2) We continue to consider circumstances beyond the licensee's 
control in evaluating requests for extension of time, including delays 
related to zoning issues or international coordination.
    (3) We eliminate the existing four-part test for an extension of 
time on the grounds of financial hardship. Under the new test adopted 
herein, absent extraordinary circumstances, to obtain an extension on 
the grounds of financial hardship we will require that the station show 
that it is (a) the subject of a bankruptcy or receivership proceeding, 
or (b) experiencing severe financial hardship, as defined by negative 
cash flow for the past three years.
    (4) Requests for extension must be received at least 60 days prior 
to the deadline for which the extension is requested to ensure review 
prior to the deadline.
    (5) Beginning at least 30 days prior to the station's termination 
of analog service, stations must notify their viewers about any delays 
in completing construction that will prevent the station from providing 
post-transition digital service to all viewers. (The station must air 
such notifications on its analog channel.)
    (6) For all requests for additional time to construct DTV 
facilities for construction deadlines occurring on February 18, 2009 or 
later, we will consider such requests under the tolling standard set 
forth in section 73.3598(b) of the rules. This rule provides that the 
period of construction for an original construction permit shall toll 
when construction is prevented due to an act of God (e.g., floods, 
tornados, hurricanes, or earthquakes), the grant of the permit is the 
subject of administrative or judicial review, or construction is 
delayed by a cause of action pending in court related to requirements 
for construction or operation of the station (i.e., zoning or 
environmental requirements).
    63. Stations that cannot finalize construction of their final DTV 
facilities by the February 17, 2009 deadline have

[[Page 5650]]

several options. First, they may apply for an extension of time to 
construct pursuant to the stricter extension criteria adopted herein. 
Alternatively, as discussed below in the phased transition section, 
stations that cannot finalize construction of their full, authorized 
post-transition facilities by the transition deadline and that do not 
meet the revised extension criteria adopted herein may request that 
they be permitted to stay on their pre-transition DTV channel for a 
period of time past the February 17, 2009 deadline to permit them to 
finalize construction provided they serve their existing viewers. As 
another option, also discussed in the phased transition section below, 
a station that cannot finalize its full, authorized post-transition 
facilities by February 17, 2009 and that cannot meet the revised 
extension criteria may also request that it be permitted to operate 
with less than full, authorized facilities for a period of time after 
the transition deadline provided it serves its existing viewers. 
Stations that cannot build post-transition facilities that serve their 
existing viewers by February 17, 2009 will not be eligible to take 
advantage of these phased transition options. Requests for more time to 
construct for any deadline of February 18, 2009 or later will be 
subject to the tolling standard, as discussed more fully below.
    64. The stations that face the most significant amount of 
construction to finalize their post-transition facilities are those 
that are moving to a different channel for post-transition operation. 
It is important to note that in this Report and Order we provide these 
stations the maximum amount of time--e.g., until February 17, 2009--to 
complete construction of these post-transition facilities. (We also 
permit stations that are moving to a new channel post-transition and 
whose pre-transition facility is unbuilt or nonoperational to cease 
efforts to construct the pre-transition facility and focus their 
efforts on constructing the final, post-transition facility.) As analog 
transmissions must cease by February 17, 2009, any extension of time to 
construct final DTV facilities granted beyond this date will result in 
the loss of service to over-the-air viewers. (Some stations may be 
permitted to continue to serve current viewers on their pre-transition 
DTV channel past the transition deadline.) Consequently, as discussed 
further below, we will provide extensions of time to construct final 
DTV facilities only in the most serious of situations.
    65. Stations that have an earlier deadline to construct post-
transition facilities generally do not have a significant amount of 
construction remaining to complete their final DTV facility. (Stations 
whose pre- and post-transition channels are the same have until May 18, 
2008 to finalize construction of the post-transition facility.) In some 
cases, however, these stations do face genuine obstacles to completing 
construction, such as zoning issues or weather-related damages to 
facilities. For these stations, the revised standard we adopt herein 
will continue to consider these kinds of issues in evaluating extension 
requests. For stations moving to a new channel post-transition and that 
are subject to either the May 18, 2008 or August 18, 2008 construction 
deadline, those that need an extension and can satisfy the new criteria 
adopted herein will be granted an extension until February 18, 2009.
    66. In general, at this stage in the transition it would be a 
disservice to the public to permit stations to continue to obtain 
extensions of time to construct due to equipment shortages associated 
with poor planning or a reluctance to commit financial resources to 
construction of full digital facilities. While most of the commenters 
that addressed our proposals to tighten the standards for grant of 
additional time to construct DTV facilities disagreed with our 
proposals, we believe it is necessary that these standards be tightened 
to ensure continued, necessary progress by stations toward completion 
of their post-transition facilities. Because we are close to the end of 
the transition--the ultimate deadline--we can no longer allow 
extensions except in the most serious, extraordinary, or truly 
unavoidable circumstances, such as bankruptcy or zoning or other 
impediments beyond the station's control. Stations that cannot satisfy 
these criteria and yet do not complete construction of their post-
transition facility will be admonished, placed in remedial programs, 
subjected to forfeitures, will lose interference protection to their 
unbuilt service areas, and/or will not be permitted to apply for 
expanded facilities. These stations will also be required to notify 
their viewers that the station will not be serving some or all of these 
viewers beginning February 18, 2009.
    67. We have determined that there is no further need for separate 
``use or lose'' and construction deadlines at this point in the 
transition. Our ``use or lose'' deadlines were an effort to ensure that 
stations were operating full power pre-transition DTV facilities during 
the course of the DTV transition. As we are nearing the end of the DTV 
transition, stations must complete their final, post-transition 
facilities, and the less than full facilities that were permitted by 
the use-or-lose deadlines will no longer be sufficient. Therefore, from 
this point on, we will enforce only construction deadlines for all 
stations. Any station whose DTV facility is either unbuilt or built but 
operating at less than full power may submit an application for 
extension if it wants to retain protection to the authorized service 
area and would meet the new extension criteria. (We also note that 
stations that do not intend to build out to their full authorized 
facility should apply for a license to cover the facility they have 
built.)
    68. Background. In the Third DTV Periodic Review NPRM, we 
tentatively concluded that we would revise section 73.624(d)(3) of the 
rules, which sets forth the standard for extension of DTV construction 
deadlines, to make that provision substantially stricter. We noted that 
the initial construction deadlines for DTV facilities passed several 
years ago and that the deadline for completion of the transition is 
rapidly approaching. It is critical at this stage in the transition 
that stations finalize their construction plans and implement them.
    69. Under the current rules, the Media Bureau may grant a six-month 
extension of time to construct a DTV station if the licensee or 
permittee can show that the ``failure to meet the construction deadline 
is due to circumstances that are either unforeseeable or beyond the 
licensee's control where the licensee has taken all reasonable steps to 
resolve the problem expeditiously.'' The rules state: ``[s]uch 
circumstances shall include, but are not limited to (A) [i]nability to 
construct and place in operation a facility * * * because of delays in 
obtaining zoning or FAA approvals, or similar constraints; (B) the lack 
of equipment necessary to obtain a digital television signal; or (C) 
where the cost of meeting the minimum build-out requirements exceeds 
the station's financial resources.'' (See 47 CFR 73.624(d)(3)(ii). To 
qualify under the financial resources standard, the applicant must 
provide (1) an itemized estimate of the cost of meeting the minimum 
build-out requirements; (2) a detailed statement explaining why its 
financial condition precludes such an expenditure; (3) a detailed 
accounting of the applicant's good faith efforts to meet the deadline, 
including its good faith efforts to obtain the requisite financing and 
an explanation why those efforts were unsuccessful; and (4) an 
indication when the applicant reasonably expects to complete 
construction. These rules apply to stations granted a paired license 
for analog and digital operation

[[Page 5651]]

during the transition. (DTV singleton stations are already subject to 
the tolling provisions in 47 CFR 73.3598(b). We did not propose, and do 
not make, any changes to our rules regarding DTV singletons.) The 
Bureau may grant no more than two extension requests upon delegated 
authority. Subsequent extension requests must be referred to the 
Commission.
    70. In the Third DTV Periodic Review NPRM, we proposed to eliminate 
section 73.624(d)(3)(ii)(B), which permits consideration of lack of 
equipment in the evaluation of whether to grant a request for extension 
of time to construct. Most stations have had ample time to order the 
equipment required to provide digital service. In addition, given the 
relatively short time remaining in the transition, we find that it is 
not appropriate to grant stations additional time to construct because 
of equipment delays, absent extraordinary circumstances. We also 
proposed to eliminate the existing four-part test for financial 
hardship, which permits consideration of circumstances where the cost 
of meeting build-out requirements exceeds the station's financial 
resources, and replace it with a new test. Specifically, in seeking a 
DTV extension for financial reasons, we proposed that the licensee/
permittee of a station may show that it is (1) the subject of a 
bankruptcy or receivership proceeding, or (2) experiencing severe 
financial hardship, as defined by negative cash flow for the past three 
years. (Our proposed showing of three years of negative cash flow is 
similar to the showing considered in determining whether a station is a 
``failed station'' for purposes of a waiver of our local TV ownership 
rules. However, we made clear in the Third DTV Periodic Review NPRM 
that we do not intend to use the failed station standard in its 
entirety as applied in the context of local TV ownership in determining 
whether a station should be granted an extension of time to construct 
under our revised extension standard. As proposed in the Third DTV 
Periodic Review NPRM, we will require that a station seeking a DTV 
extension for financial reasons to demonstrate that it is either in 
bankruptcy or receivership or has had negative cash flow for the past 
three years.)
    71. Equipment shortages. Consistent with our proposal in the Third 
DTV Periodic Review NPRM, we eliminate section 73.624(d)(3)(ii)(B) of 
our rules, which permits consideration of circumstances related to 
``the lack of equipment necessary to obtain a digital television 
signal'' in the evaluation of whether to grant a request for extension 
of time to construct. Going forward, absent extraordinary 
circumstances, we will no longer consider lack of equipment a valid 
ground for granting a request for extension of time to construct. 
Although the commenters that addressed this issue generally opposed our 
proposal to eliminate the equipment shortage justification for an 
extension, we find that at this relatively late stage in the transition 
it is no longer appropriate to signal to stations that they can obtain 
more time to construct their final DTV stations by citing general 
difficulties related to obtaining equipment. Stations must at this 
stage in the transition be submitting their equipment orders and 
arranging for delivery and installation in order to ensure that they 
meet the DTV construction deadlines established in this Report and 
Order. (While we recognize that some stations are still awaiting 
authorization of their final DTV facilities, the vast majority of 
stations have been assigned a channel and facility and have no 
legitimate cause for reluctance to order equipment. Moreover, most of 
the stations that have requested a change in their previously certified 
facilities in petitions for reconsideration of the Seventh Report and 
Order in the DTV table proceeding assert that their requested changes 
are needed to facilitate construction using existing antennas or other 
equipment. Therefore, these stations should not have need of additional 
time to construct based on equipment shortages. While stations may be 
eager to order equipment that will permit them to expand their 
facilities at a later date when such expansion may be permitted, 
stations cannot use this excuse to delay ordering now equipment that 
will permit them to finalize their current authorized facilities.)
    72. While requests for an extension of time on the grounds of a 
lack of equipment will no longer generally be granted, we recognize 
that for some stations difficulties beyond their control in obtaining 
or installing equipment may still pose unavoidable delays in completing 
construction, either because of real equipment shortages, the lack of 
sufficient tower crews, or because of a delay in scheduling equipment 
installation due to weather. Therefore, while we adopt our proposal to 
eliminate the equipment shortage justification as a general ground for 
grant of an extension of time, and amend the rule accordingly, we will 
consider, on a case by case basis, requests for an extension where a 
station can demonstrate that, despite timely orders, there is a delay 
in delivery of equipment due to a shortage of supply or that there is a 
delay in installing equipment on hand or in completing tower 
construction due to a shortage of qualified tower crews. Only stations 
that can demonstrate that they placed their equipment orders and 
requested tower crews well in advance will be considered eligible for 
an extension on these grounds. In addition, we will also consider 
requests for an extension where the station can demonstrate that tower 
construction cannot be completed because of weather conditions or that 
equipment is on hand but that weather conditions have delayed 
installation. In each case, we will require the station to provide 
specific, detailed information and supporting documentation to 
demonstrate that grant of an extension of time to construct is 
warranted because of a genuine, specific, verifiable delay due to 
equipment or manpower shortages or weather. Such documentation could 
include, for example, proof that equipment was timely ordered together 
with a letter from the equipment supplier confirming a delay in filling 
orders and an estimated date by when the equipment will be delivered, 
or proof that equipment is on hand together with a letter from the 
equipment installer confirming a delay in scheduling installation and 
an estimated date for installation. With respect to delays due to 
weather, we will consider proof that the equipment is on hand or that 
tower construction has commenced or is ready to commence together with 
information confirming unsuitable weather conditions and an estimated 
date for finalizing tower construction and/or equipment installation. 
Stations must also note on FCC Form 387 the status of the station's 
transition and any delays related to delivery or installation of 
equipment and must update the form to keep the Commission apprised of 
changes or continuing delays.
    73. This approach responds to the concerns raised by MSTV and NAB 
who specifically opposed our proposal to eliminate the equipment 
shortage justification for an extension of time. MSTV and NAB argued 
that eliminating the equipment shortage justification was inappropriate 
given the enormous anticipated demand for equipment and the relatively 
small number of manufacturers and installers, which could lead to very 
real shortages. We agree that there are instances in which stations may 
face legitimate delays in obtaining or installing equipment because of 
high demand or weather considerations and we will consider

[[Page 5652]]

extensions in these extraordinary circumstances. Apart from such 
extraordinary circumstances, however, we will no longer generally 
consider lack of equipment as grounds for an extension of time.
    74. Financial hardship. We also hereby adopt our proposal to 
eliminate the existing four-part test for financial hardship, which 
permits consideration of circumstances where the cost of meeting build-
out requirements exceeds the station's financial resources, and replace 
it with a new test. To obtain an extension on the grounds of financial 
hardship we will require that the station show that it is (1) the 
subject of a bankruptcy or receivership proceeding, or (2) experiencing 
severe financial hardship, as defined by negative cash flow for the 
past three years. Stations seeking an extension based upon financial 
considerations must either (1) submit proof that they have filed for 
bankruptcy or that a receiver has been appointed, or (2) submit an 
audited financial statement for the previous three years. All such 
stations must also submit a schedule of when they expect to complete 
construction.
    75. Our goal in adopting this stricter financial hardship standard 
is to limit extensions to situations where stations clearly are unable 
to make the financial commitment necessary to complete construction of 
their post-transition DTV facilities. While we recognize that a number 
of stations face financial obstacles to completing construction, at 
this relatively late stage in the transition it is imperative that 
stations devise and implement a plan to complete their final DTV 
facilities. Analog broadcasts must cease at midnight on February 17, 
2009. In order to ensure that viewers continue to receive television 
service after the transition, stations must complete their post-
transition facilities now. It is difficult to imagine a more compelling 
use of funds than to ensure continued service to the viewing public. 
Thus, only stations that can demonstrate no available funds or source 
of funding to complete construction may be granted an extension on this 
ground.
    76. While we adopt our proposal to tighten our financial hardship 
standard, and amend the rule accordingly, we recognize that some 
stations, including some noncommercial educational stations and some 
smaller stations, face extraordinary financial circumstances that do 
not fit within the new financial hardship criteria but that nonetheless 
may warrant an extension of time to finalize construction. Therefore, 
we will consider, on a case by case basis, requests for an extension 
that do not meet our revised financial hardship criteria where a 
station can demonstrate extraordinary circumstances. In this regard, we 
will consider situations where the station can demonstrate, for 
example, that it is awaiting expected funding in the form of a station 
grant or similar funding together with a date by when such funding is 
expected to be received. We will also consider situations in which the 
station can show that it has a detailed, step-by-step plan for 
constructing its post-transition facilities by February 17, 2009 and 
that it is making and will continue to make timely progress in 
implementing this plan. We caution stations that extensions on the 
grounds of extraordinary circumstances will not be routinely granted.
    77. We will require that all stations requesting an extension 
submit proof of the circumstances that warrant an extension of time, 
and provide a firm estimate of when construction will be completed. 
Stations will also be required to provide information on FCC Form 387 
regarding the status of the station's transition and to update this 
information on a regular basis.
    78. Circumstances beyond the station's control. As we proposed, we 
will continue to consider requests for extension of time where the 
station is awaiting action by the Commission or a court on a pending 
application or appeal or where action on an application is being 
delayed for other reasons beyond the station's control. We will 
consider delays due to international coordination where resolution of 
the international coordination issue is truly beyond the control of the 
station, such as where the failure to obtain coordination will not 
permit the station to construct facilities sufficient to replicate its 
analog coverage area. A station seeking to maximize that cannot obtain 
international coordination for such facilities may be required to 
construct facilities with a smaller coverage area. As we stated in the 
Third DTV Periodic Review NPRM, we will also continue to consider 
circumstances related to an act of God or terrorism in evaluating 
requests for an extension of time to construct.
    79. Application of revised extension standard. Our stricter 
standard for grant of an extension of time to construct DTV facilities 
adopted herein will be applied to all pending and future requests for 
extension of construction deadlines occurring on or before February 17, 
2009. While we proposed in the Third DTV Periodic Review NPRM to apply 
our stricter extension standard to construction deadlines occurring 
before--but not on--February 17, 2009, and to apply our proposed 
tolling standard to deadlines on or after that date, we now find it is 
appropriate to apply the revised, stricter extension standard to 
construction deadlines on or before February 17, 2009. While our 
revised extension standard is stricter than the current standard, it 
provides more flexibility to stations than the tolling standard. Thus, 
applying the revised extension standard rather than tolling to stations 
with a February 17, 2009 construction deadline will provide some relief 
to these stations that may face legitimate obstacles to completing 
their post-transition facilities. All requests for extension of time 
pursuant to section 73.624(d), as amended, must be filed electronically 
using the revised FCC Form 337. (Requests for extraordinary relief in 
the circumstances described herein should also be filed electronically 
using FCC Form 337. Such requests should indicate clearly the 
circumstances that the station claims warrants additional time to 
construct.) We remind parties that applications for extension must be 
filed ``no earlier than 90 and no later than 60 days prior to the 
relevant construction deadline, absent a showing of sufficient reasons 
for filing within less than 60 days of the relevant construction 
deadline.'' To ensure sufficient time for review of any such extension 
requests, the Bureau is instructed to apply this requirement strictly 
and to accept extension requests filed fewer than 60 days before the 
applicable construction deadline only if the party affirmatively and 
persuasively demonstrates that the extension is necessary due to an 
unforeseen development or event occurring within the 60 day timeframe. 
(We note that because any extensions would apply to the new deadlines 
adopted by this Report and Order, the Media Bureau has delegated 
authority to grant or deny extensions for up to six months. See 47 CFR 
73.624(d)(3)(i), (iii).)
    80. Viewer Notification. Stations that will not be serving at least 
the same population that receives their current analog TV and DTV 
service on February 18, 2009 must notify viewers on their analog 
channel about the station's planned delay in construction and operation 
of post-transition (DTV) service. (Population to be served should be 
based on the population the station is authorized to serve both before 
and after the transition. Population not previously served and 
population that will no longer be served by the station's authorized 
post-transition facility need not be counted. This applies to all 
calculations of population herein.) Therefore, stations seeking an 
extension

[[Page 5653]]

of time to construct post-transition facilities under revised section 
73.624(d)(3) must notify viewers on their analog channel about their 
post-transition service limitations. Such notifications must occur 
every day on-air at least four times a day including at least once in 
primetime for the 30-days prior to the station's termination of full, 
authorized analog service. These notifications must include: (1) The 
station's call sign and community of license; (2) the fact that the 
station must delay the construction and operation of its post-
transition (DTV) service; (3) information about the nature, scope, and 
anticipated duration of the station's post-transition service 
limitations; (4) what viewers can do to continue to receive the 
station, i.e., how and when the station's digital signal can be 
received, or alternatively, the notification could describe how to get 
service from another station affiliated with the same network and 
serving the same lost area; and (5) the street address, e-mail address 
(if available), and phone number of the station where viewers may 
register comments or request information. We note that these viewer 
notifications are in addition to, and separate from, any notification 
requirements that we may adopt pursuant to our DTV Consumer Education 
Initiative.
    81. Tolling. As we proposed in the Third DTV Periodic Review NPRM, 
post-transition we will return to the existing standard for analog 
facilities in considering requests for additional time to construct DTV 
facilities. For all requests for additional time to construct DTV 
facilities for construction deadlines occurring February 18, 2009 or 
later, we will consider such requests under the tolling standard set 
forth in section 73.3598(b) of the rules, which currently applies to 
DTV singletons and analog TV stations, as well as AM, FM, International 
Broadcast, low power TV, TV translator, TV booster, FM translator, FM 
booster, and LPFM stations. Section 73.3598(a) applies to construction 
permits for ``new TV'' stations or to make changes in existing 
stations, and we hereby clarify that this reference includes 
construction permits for new DTV stations, as well as to existing DTV 
stations, and that we will apply section 73.3598 to such stations 
beginning February 18, 2009. We also will require that notifications 
pursuant to section 73.3598 be filed electronically through the 
Commission's Consolidated Database System (``CDBS'') using the Informal 
Application filing form.
    82. While the commenters that addressed the tolling issue generally 
opposed implementation of this approach, we find that once the 
transition to an all-digital broadcast service has occurred, it is 
appropriate to apply a stricter ``tolling'' approach to construction 
deadlines. Once DTV is the sole broadcast service, we find requests for 
additional time to construct should be treated as we now treat such 
requests for all analog stations and DTV singletons. Once the 
transition deadline has passed, stations will no longer be required to 
operate dual facilities and the demand for scarce resources by industry 
will level off. In the Third DTV Periodic Review NPRM, we proposed to 
apply tolling to construction deadlines occurring on February 17, 2009 
or later. However, as noted above, we will instead apply the revised 
extension criteria to deadlines on or before February 17, 2009 and will 
apply tolling to deadlines occurring February 18, 2009 or later. This 
approach will provide some additional flexibility to stations by 
delaying implementation of the stricter tolling standard.
    83. 47 CFR 73.3598 provides that the period of construction for an 
original construction permit shall toll when construction is prevented 
due to an act of God (e.g., floods, tornados, hurricanes, or 
earthquakes), the grant of the permit is the subject of administrative 
or judicial review, or construction is delayed by a cause of action 
pending in court related to requirements for construction or operation 
of the station (i.e., zoning or environmental requirements). (Under the 
tolling standard, the filing of an application for modification of a 
construction permit does not serve as grounds for tolling of the 
construction deadline.) Beginning February 18, 2009, we will require 
that DTV permittees notify the Commission of any event covered under 
our tolling provision and provide supporting documentation in order to 
toll the construction deadline. Permittees will also be required to 
notify the Commission when a relevant administrative or judicial review 
is resolved. Tolling resulting from an act of God automatically ceases 
six months from the date of the notification to the Commission unless 
the permittee submits additional notifications at six-month intervals 
detailing how the act of God continues to cause delays in construction 
and describing construction progress and the steps the permittee has 
taken and proposes to take to resolve any remaining impediments. Any 
construction permit for which construction has not been completed and 
for which an application for license has not been filed shall be 
automatically forfeited upon expiration without any further affirmative 
cancellation by the Commission. (The Commission has noted that there 
may be rare and exceptional circumstances, other than those delineated 
in its rules or decisions adopting the rules, that would warrant the 
tolling of construction time, i.e., other circumstances in which a 
permittee is prevented from completing construction within the time 
specified on its original construction permit for reasons beyond its 
control such that the permittee would be entitled to tolling of the 
construction time under 47 U.S.C. 319(b). In these very limited 
circumstances, the Commission noted that it would entertain requests 
for waiver of its strict tolling provisions.)
    84. As proposed in the Third DTV Periodic Review NPRM, delays due 
to international coordination will not generally be grounds for tolling 
of a DTV construction permit with two exceptions. First, the Commission 
will toll a construction permit for a DTV station where the station 
demonstrates that a request for international coordination has been 
sent to Canada or Mexico on behalf of the station and no response from 
the country affected has been received. Second, the Commission will 
toll a DTV construction permit where the station can demonstrate that 
the DTV facility approved by Canada or Mexico would not permit the 
station to serve the viewers currently served by the station's analog 
facility that would also be served by the station's digital facility 
approved by the Commission domestically. The tolling rule is amended 
accordingly.
6. Sanctions for Failure To Meet Construction Deadlines
    85. We remind stations that they will be subject to sanctions if 
they fail to meet their deadline for the construction of their final, 
post-transition DTV facilities, fail to justify an extension of their 
deadline pursuant to the revised procedures and policies, or are 
otherwise unable to qualify for the ``phased transition'' provisions. 
For example, a station failing to meet its construction deadline may be 
subject to license revocation procedures, the issuance of forfeitures, 
loss of interference protection to unserved DTV service area, or other 
remedial measures, such as admonishment and the imposition of periodic 
reporting requirements. We also remind licensees that ``if a 
broadcasting station fails to transmit broadcast signals for any 
consecutive 12-month period, then the station license granted for the 
operation of that broadcast station expires at the end of that period, 
notwithstanding any

[[Page 5654]]

provision, term, or condition of the license to the contrary.'' (In 
addition, stations discontinuing operations must also be mindful of the 
Commission's rules. See, e.g., 47 CFR 73.1615 (operation during 
modification of facilities), 73.1690 (modification of transmission 
systems), 73.1740 (minimum operating schedule) and 73.1750 
(discontinuance of operation).)
    86. We find that these sanctions continue to be the appropriate 
methods to encourage stations to meet their DTV construction deadlines 
and to ensure that all stations are constructed and operating with 
their full, authorized post-transition DTV facilities at the end of the 
DTV transition. We note that approximately 100 stations have been 
placed in the DTV remedial program since its adoption in 2003. All but 
one station completed construction and began operating their DTV 
facilities within six months of enrollment in the program, thus 
eliminating the need for further sanctions. Therefore, with one slight 
modification, we find that continued use of the DTV construction 
remedial program will ensure that non-complying stations are able to 
quickly bring their stations into compliance with their DTV 
construction obligations.
    87. Currently, stations placed in the remedial program are 
initially admonished and are provided with a six-month period to 
complete construction of their DTV facilities in order to avoid further 
sanctions such as the imposition of forfeiture. As we are nearing the 
completion of the DTV transition, we find that it is appropriate to 
accelerate our remedial procedures and require stations to complete 
construction of their DTV facilities in a shorter period of time in 
order to avoid further sanctions. Therefore, we modify the first stage 
in our remedial program and provide stations with three months to 
complete construction of their DTV facilities in order to avoid the 
imposition of further sanctions. By requiring compliance in a three-
month period, we seek to ensure that non-compliant stations will come 
into compliance with our DTV construction rule and be ready for the 
final DTV transition.
7. Phased Transition Provisions for Regulatory Relief
    88. We adopt two provisions for a ``phased transition'' in an 
effort to offer broadcasters regulatory flexibility in meeting their 
post-transition construction deadlines without disappointing viewer 
expectations after the transition date. (As discussed above, stations 
whose post-transition channel is different from their pre-transition 
DTV channel must build their full, authorized post-transition (digital) 
facilities no later than February 17, 2009. Stations whose post-
transition channel is the same as their pre-transition DTV channel must 
build their full, authorized facilities no later than the expiration 
date of their current construction permit, which date was extended 
until November 18, 2007 for stations whose applications for extensions 
of time to construct DTV facilities and/or ``use or lose'' waivers were 
addressed in either the Construction Deadline Extension Order, or Use 
or Lose Order.) First, we will permit qualifying stations to 
temporarily remain on their pre-transition DTV channel; and, second, we 
will permit qualifying stations to build less than their full, 
authorized facilities by their construction deadline. To qualify for 
these provisions, stations must meet a service requirement to minimize 
the loss of service after the transition date and also must not cause 
impermissible interference to other stations. Stations that are 
permitted to use one of the provisions for a phased transition, even 
though they will not serve at least the same population that receives 
their current analog TV and DTV service, must also comply with a viewer 
notification requirement (described below). Stations can seek relief 
under these provisions if they cannot satisfy the strict requirement 
for obtaining an extension of time to construct their full, authorized 
facilities. Because the service requirement protects consumers, we find 
that we can offer this relief, subject only to an engineering analysis 
(i.e., the population and interference criteria).
    89. We adopt these measures, which were discussed in the Third DTV 
Periodic Review NPRM, in response to the many comments by broadcasters 
advocating for regulatory flexibility to build less than their full, 
authorized facilities by their post-transition construction deadlines. 
As noted above, most commenters asked us to be as flexible as possible 
when establishing construction deadlines. These commenters noted that 
the February 17, 2009 statutory deadline was only for the termination 
of analog service and not expressly for completion of stations' final 
(i.e., full, authorized) digital facilities. Accordingly, these 
commenters asked that stations be allowed to operate at less than full, 
authorized facilities for some specified time after the transition.
    90. Because qualification for the regulatory relief offered by 
these provisions will require stations to serve all or most of the same 
population that receives their current television (analog and digital) 
service, we find that these provisions strike the right balance of 
offering regulatory flexibility to broadcasters while not undermining 
viewers' over-the-air reception expectations after the transition date. 
(The noise limited service contour for DTV stations covers an area that 
is larger than the station's community of license. Thus, a significant 
number of a station's viewers may reside outside of the station's 
community of license and outside the community of license coverage 
contour, but within its noise limited service area. See 47 CFR 
73.622(e) for the definition of the DTV service areas and 47 CFR 
73.625(a) for the community of license coverage requirement.) MSTV/NAB 
proposed that stations only be required to provide digital service to 
their communities of license as of the February 17, 2009 transition 
date, and that they should be allowed to operate at less than full, 
authorized facilities for one year after the transition date. MSTV/NAB 
would rely on broadcasters' market incentive to ``maximize their 
digital service'' to viewers. We disagree, however, that a coverage 
requirement limited to stations' communities of license would satisfy 
consumer expectations after the transition date. Instead, we limit 
these special measures for regulatory relief to stations that can serve 
all or most of their existing viewers. Stations that cannot build post-
transition facilities that serve their existing viewers must obtain 
Commission approval for an extension of time to complete their 
facilities. We reject MSTV/NAB's argument that this service requirement 
is too restrictive ``in light of equipment shortages and other 
technical issues'' and that a community of license coverage requirement 
would be sufficient. We take seriously the goal of ensuring that 
consumers who have prepared for the transition by obtaining the 
necessary DTV receiver equipment are able to, at a minimum, continue to 
watch their current television programming after the transition date. 
To that end, we have taken steps to require, wherever possible, that 
stations complete their final, post-transition facilities by the 
transition date. We recognize, however, that in some situations it may 
be preferable for some viewers to lose television service for a limited 
time after the transition date if that would prevent many viewers from 
losing analog TV service for a significant time before the transition 
date.
    91. Viewer Notification. We will require stations that will not be 
serving at least the same population that receives their current analog 
TV and

[[Page 5655]]

DTV service on February 18, 2009 to notify viewers on their analog 
channel about the station's planned delay in construction and operation 
of post-transition (DTV) service. Therefore, stations seeking STA 
approval to use one of the provisions for a phased transition must 
notify viewers on their analog channel about their post-transition 
service limitations. Such notifications must occur every day on-air at 
least four times a day including at least once in primetime for the 30 
days prior to the station's termination of full, authorized analog 
service. These notifications must include: (1) The station's call sign 
and community of license; (2) the fact that the station must delay the 
construction and operation of its post-transition (DTV) service; (3) 
information about the nature, scope, and anticipated duration of the 
station's post-transition service limitations; (4) what viewers can do 
to continue to receive the station, i.e., how and when the station's 
digital signal can be received, or alternatively, the notification 
could describe how to get service from another station affiliated with 
the same network and serving the same lost area; and (5) the street 
address, e-mail address (if available), and phone number of the station 
where viewers may register comments or request information. We note 
that these viewer notifications are in addition to, and separate from, 
any notification requirements that we may adopt pursuant to our DTV 
Consumer Education Initiative.
a. Temporary Use of In-Core Pre-Transition DTV Channels
    92. To provide flexibility to the post-transition construction 
deadlines established above, we adopt our proposal in the Third DTV 
Periodic Review NPRM to allow stations that are moving to a different 
DTV channel for post-transition operations to temporarily remain on 
their pre-transition DTV channel while they complete construction of 
their final digital facilities, provided:
    (1) They serve at least the same population that receives their 
current analog TV and DTV service so that over-the-air viewers will not 
lose TV service; (As noted above, we recognize that after the 
transition there will be some changes in population served based on the 
service area authorized for post-transition operation consistent with 
the station's application, channel election, or other modifications, 
such as change of antenna site. To qualify for this flexibility, the 
station is not required to continue serving population that it will not 
be required to serve with its authorized facility after the transition. 
Stations must ensure that viewers within the station's authorized 
service area who have television equipment with a digital receiver, 
including those who obtain a digital-to-analog converter box through 
the NTIA program, will be capable of receiving DTV signals over-the-air 
post-transition. Stations that cannot satisfy this presumption, may 
still request Commission approval on a case-by-case basis for continued 
interim operations upon demonstration that they would provide digital 
service to a greater population than would their incomplete post-
transition facility. These stations, however, must obtain Commission 
approval under the stricter standard for an extension of time to 
construct their post-transition facilities.)
    (2) They do not cause impermissible interference to other stations 
or prevent other stations from making their transition. We adopt our 
tentative conclusion that the 0.5 percent interference standard 
established for post-transition operations (in section F, below) would 
apply because such operations would occur after the transition 
deadline. (We also agree with MSTV/NAB that the 0.5 percent 
interference standard would apply when evaluating two interim stations 
that temporarily continue to operate on their pre-transition DTV 
channels after the transition date.)
    The record clearly supports adoption of the temporary use of in-
core pre-transition channels. We agree with commenters that some 
stations that are returning to their analog channel or moving to a new 
channel for post-transition operations may be able to temporarily 
remain on their in-core pre-transition DTV channel and provide adequate 
service after the transition date without causing impermissible 
interference to other stations or preventing other stations from making 
their transition. Moreover, we expect that this provision for 
regulatory relief will advance the transition by freeing scarce 
transition resources for those stations that cannot utilize the 
opportunities afforded for a phased transition.
    93. Stations' authority to operate on a pre-transition channel, 
including their digital channel, ends on February 17, 2009. (The post-
transition DTV Table, which was adopted in the Seventh Report and 
Order, became effective October 26, 2007. See 47 CFR 73.622(i). The 
current DTV Table, which is contained in 47 CFR 73.622(b), will become 
obsolete at the end of all authorized pre-transition DTV operations. 
The current NTSC Table, which is contained in 47 CFR 73.606(b), will 
become obsolete at the end of the transition, when all full-power 
analog operations must cease.) Therefore, stations must request STA 
approval for authority to remain on their pre-transition channel in 
accordance with our existing filing procedures. (Requests for STA, 
pursuant to 47 CFR 73.1635, may be submitted by informal letter or e-
mail. Stations may file requests electronically through CDBS or send an 
e-mail to [email protected].) Stations must apply for such approval 
no later than August 17, 2008 so that their request can receive the 
appropriate engineering analysis. Stations that remain on their pre-
transition digital channel may not apply for expanded post-transition 
facilities, until they complete construction and commence operation on 
their post-transition channels. Stations approved for this relief may 
remain on their pre-transition digital channel for no longer than one 
year after the transition date and will receive an extension of time to 
construct their full, authorized post-transition facilities for the 
time that they remain on their pre-transition digital channel. 
Accordingly, these stations must begin operations on their full, 
authorized final, post-transition (digital) channels no later than 
February 18, 2010. We find that this relief offered to in-core stations 
is consistent with the statutory transition deadline for full power 
stations to end analog service and to broadcast only on in-core 
channels. (See 47 U.S.C. 309(j)(14). Because the statute prohibits 
full-power stations from remaining on out-of-core channels after the 
transition deadline, this flexibility cannot apply to DTV stations 
operating out-of-core (i.e., TV channels 52-69).)
b. Alternative Buildout To Maintain Existing Service
    94. As an additional approach to provide flexibility to the post-
transition construction deadlines established above, we will consider 
stations' requests for STA to operate their post-transition facilities 
on post-transition channels at less than their full, authorized 
facilities (as defined by the DTV Table Appendix B). We will authorize 
STAs for this purpose, provided stations can demonstrate:
    (1) A unique technical challenge (as defined in section V.B.5. 
above) and they can serve at least 85 percent of the same population 
that receives their current analog TV and DTV service; (For example, 
stations with side-mounted antenna-related issues, particularly those 
with towers in northern climates or at higher altitudes, face unique 
technical challenges that would warrant this relief. In addition, 
stations

[[Page 5656]]

returning to their analog channels and that intend to return their 
existing analog equipment may also face unique technical challenges 
that would warrant this relief. As noted above, population should be 
calculated on the basis of the population the station is authorized to 
serve both before and after the transition. Population not previously 
served and population that will no longer be served by the station's 
authorized post-transition facility should not be counted towards the 
85 percent.) or
    (2) A significant technical impediment to the construction of their 
full, authorized facilities that would not otherwise qualify for an 
extension of time to construct facilities under the new, stricter 
standard adopted herein and they serve at least 100 percent of the same 
population that receives their current analog TV and DTV service so 
that over-the-air viewers will not lose TV service. (As noted above, 
stations must ensure that consumers served pre-transition that obtain a 
D-to-A converter box through the NTIA program or who otherwise purchase 
DTV receiver equipment will be capable of receiving off-the-air DTV 
signals post-transition.)
    Furthermore, in either case, stations must also demonstrate that 
the STA facility they request will not cause impermissible 
interference, i.e., more than 0.5 percent new interference, to other 
stations or prevent other stations from making their transition. 
Finally, stations that cannot serve at least 100 percent of the same 
population that receives their current analog TV and DTV service must 
comply with a viewer notification requirement (described in para. 91 
above).
    95. We sought comment on this issue in the Third DTV Periodic 
Review NPRM and we adopt this approach in response to the many comments 
advocating for such relief. We differentiate stations that have a 
significant technical impediment to construction of their full, 
authorized post-transition facility but that can, nevertheless, 
continue to serve all of their current viewers. In these circumstances, 
because viewers will not lose service after the transition, we will 
grant STAs for six months even though the station would not otherwise 
qualify for an extension of time to construct facilities under the new, 
stricter standard adopted herein. However, commenters have demonstrated 
that for some stations facing the type of unique technical challenge 
defined in section V.B.5., above, service to all current viewers may 
not be possible. For example, stations with a side-mounted digital 
antenna that can demonstrate that because of weather or another valid 
reason they would have to reduce or terminate their analog service well 
before the transition date (e.g., Summer 2008) in order to complete 
construction of their final, post-transition facility may qualify for 
this post-transition relief for up to six months. While it is critical 
that we minimize the loss of television service after the transition 
date as much as possible, we recognize that, in such a special 
situation, it may be preferable to accept a limited loss of DTV service 
for a limited time after the transition date to prevent a significant 
loss of analog service many months before the transition date. Stations 
must demonstrate both the need for this flexibility and for the timing 
that they request. For example, a station could show that the weather 
where its tower is located generally remains dangerously cold through 
May.
    96. Stations must request STA approval for this relief in 
accordance with our existing filing procedures. (Requests for STA, 
pursuant to 47 CFR 73.1635, may be submitted by informal letter or e-
mail. Stations may file requests electronically through CDBS or e-mail 
courtesy copies of their STA requests to [email protected].) We 
recognize, however, that stations will need a decision on such requests 
in time to make alternate transition plans should their request be 
denied. Therefore, stations should apply for this relief well in 
advance of the transition date, perhaps as early as Spring 2008, to 
allow sufficient time for Commission review and action. Stations must 
construct such intermediate facilities that would meet the service 
requirement by the transition date. Stations approved for this relief 
may remain at such intermediate facilities for no longer than six 
months after the transition date and will receive an extension of time 
to construct their full, authorized post-transition facilities for this 
period of time. Accordingly, these stations must begin operations on 
their full, authorized, final, post-transition (digital) channels no 
later than August 18, 2009. Stations that seek relief under this 
provision may only apply for expanded post-transition facilities if 
they will complete construction and commence operation on those 
facilities no later than August 18, 2009. In addition to this relief 
afforded stations that can serve at least 85 percent of their viewers, 
we will consider on a case-by-case basis affording stations STA 
approval for some relief even if they cannot meet the 85 percent 
service requirement, provided they demonstrate that their circumstances 
warrant this additional flexibility. Such stations, however, would be 
allowed to remain at such intermediate facilities for no longer than 
necessary, which we expect in most cases would be no more than three to 
four months after the transition date.
    97. Special Relief for NCE and Small Market Stations. To provide 
additional regulatory relief for noncommercial educational (``NCE'') 
and Small Market Stations, we will consider on case-by-case basis 
allowing these stations a reduced service requirement if their 
circumstances warrant this additional flexibility. (By small market 
stations we mean stations that are not affiliated with a top-four 
network (i.e., ABC, CBS, Fox and NBC) in markets 1-100. We have 
previously recognized that such stations may warrant additional 
flexibility in meeting their construction deadlines.) We have provided 
these stations more flexibility throughout the transition. For example, 
they received a later use-or-lose deadline in the Second DTV Periodic 
Report and Order and we noted in the Fifth Report and Order the unique 
financial difficulties faced by NCE stations and reiterated our view 
that these stations will need, and warrant, special relief to assist 
them in the transition to DTV. NCE stations and small broadcasters 
urged the Commission to be sensitive to the problems of stations 
serving small markets, especially in light of our proposal to impose 
stricter financial hardship criteria for construction deadline 
extensions.

C. Service Disruptions Necessitated by Construction of Post-Transition 
Facilities

    98. In this section we provide stations with the flexibility to 
reduce or terminate existing analog or pre-transition digital service 
prior to the February 17, 2009 transition date where necessary to 
permit stations to finalize construction of their post-transition 
facilities. Commenters discussed a wide range of possible circumstances 
in which stations may need to reduce or terminate such existing service 
either temporarily or permanently in order to complete construction of 
final DTV facilities. For example, some stations may need to remove a 
top-mounted analog antenna on a tower in order to replace it with a 
permanent digital antenna at the top position. In other cases, a new 
antenna may need to be added to an existing tower, or an existing 
analog antenna may need to be altered for digital use. Some towers may 
be able to support the weight of additional antennas, while others may 
need to be strengthened before another antenna is installed or an 
existing

[[Page 5657]]

antenna may have to be removed to make room for a new antenna. Some 
stations may be the only occupants of the tower on which the antenna is 
located, while other stations may share the tower with other television 
and radio stations and will need to coordinate tower work with these 
other stations. In some cases, stations may need to reduce service to 
allow construction to proceed, while in other cases service may need to 
be halted altogether for some period of time. Some of the service 
disruptions required to permit construction of final DTV facilities may 
be only temporary, while in other cases stations may need or prefer to 
cease analog or pre-transition digital service permanently for the 
remainder of the transition in order to finalize their post-transition 
facilities.
    99. In general, commenters argued that, at this stage in the 
transition, the Commission should provide the maximum possible 
flexibility to stations to permit them to finalize construction of 
their post-transition facilities in a manner that best suits the 
station's particular circumstances. Our goal in this section is to 
provide stations with this flexibility, while still ensuring that 
viewers are not deprived of existing service except where necessary or 
clearly beneficial to permit the maximum number of stations to 
accomplish the transition by February 17, 2009. We discuss below four 
kinds of service disruptions that may take place to facilitate 
construction of final DTV facilities:
    (1) Temporary service disruptions (generally no more than 30 days);
    (2) Permanent or extended (i.e., more than 30 days) service 
reduction or termination of analog service before the transition date;
    (3) Permanent or extended (i.e., more than 30 days) service 
reduction or termination of pre-transition digital service before the 
transition date; and
    (4) Permanent service reduction or termination of analog or pre-
transition digital service 90 days before the transition date.
1. Temporary Service Disruptions
    100. Under section 73.1615 of the Commission's rules, stations may 
reduce or cease service temporarily without prior Commission approval 
in order to modify existing facilities. We clarify that stations may 
use this existing provision to temporarily reduce or cease existing 
analog or pre-transition digital service where necessary to facilitate 
construction of final post-transition facilities. Because this 
provision does not require prior Commission authorization, and does not 
require licensees to justify the need for the service disruption, this 
provision gives stations substantial flexibility to temporarily reduce 
or cease analog or digital service pre-transition.
    101. Section 73.1615 provides that, where the licensee of an 
existing television station is in the process of modifying facilities 
as authorized by a construction permit, the licensee may discontinue 
operation or operate with temporary facilities, upon notification to 
the Commission, for a period of 30 days, in order to continue to 
provide program service. (We note that, although rule 47 CFR 73.1615(a) 
and (c) refer to ``licensees'' permittees may also use the flexibility 
offered under this rule to temporarily reduce or cease television 
broadcast operation.) Where the station operates temporary facilities, 
including reduced facilities, such facilities should maintain as nearly 
as possible, but not exceed, the size of the presently licensed 
coverage area.
    102. Stations must notify the Commission before commencing the 
temporary reduction or cessation of service, but do not need prior 
Commission approval. We will require that such notifications pursuant 
to section 73.1615, when made for purposes of facilitating the 
conversion to DTV, be filed electronically through the CDBS and using 
the Informal Application filing form. This is the form traditionally 
used for requests for Special Temporary Operating Authority. We 
emphasize that this form, when used in connection with service 
disruptions related to the DTV transition, must be filed 
electronically. Paper copies will not be accepted. There will be no fee 
for filing this form. All temporary service disruption notifications 
pursuant to sections 73.1615 must be filed electronically using the 
Informal Filings Menu of CDBS. (For more information on Informal 
Filings in CDBS, please refer to this web page: http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm. To speed 
processing, stations should also e-mail a courtesy copy of their 
temporary service disruption notifications to [email protected]. 
The notifications should indicate clearly that they are being filed 
pursuant to section 73.1615, and should indicate whether the request is 
to temporarily reduce or cease analog or digital service.)
    103. The flexibility accorded by section 73.1615 is intended for 
service disruptions of 30 days or less. Some stations may use this 
provision to reduce or cease their analog or pre-transition digital 
service for 30 days or less, and then return to full service on the 
pre-transition channel for the remainder of the transition. Other 
stations may choose to permanently reduce or cease pre-transition 
service in the 30 days immediately preceding the transition date, in 
order to accomplish the transition, and then commence operation on the 
post-transition channel on the transition date. In both cases, the 
stations may use the flexibility provided by section 73.1615; however, 
for stations in the latter situation (i.e., those permanently reducing 
or ceasing service in the 30 days immediately preceding the transition 
date) we will require that they comply with a viewer notification 
requirement (described below). Stations that seek to permanently 
discontinue operation or permanently operate with reduced facilities 
more than 30 days before the transition date may not use section 
73.1615, but should instead apply under the procedures outlined below 
for permanent pre-transition analog or digital service reductions or 
terminations. In addition, stations that anticipate at the outset that 
the service reduction or termination will extend for more than 30 days 
should use the procedures outlined below for permanent service 
reductions and terminations.
    104. Where a licensee has filed a notification pursuant to section 
73.1615 and, subsequently, determines that the reduction or termination 
of service must continue for a short period beyond 30 days, the 
licensee may make an additional informal letter request to the 
Commission prior to the 30th day. This second notification filed 
pursuant to section 73.1615 must be filed in the same manner as the 
initial temporary service disruption notification and must explain why 
the service disruption should not be considered to be a long term or 
permanent service disruption requiring prior Commission approval.
    105. Once an informal letter request is made pursuant to section 
73.1615(c)(1), the licensee may then continue the service reduction or 
termination until notified otherwise by the Commission. In general, we 
anticipate that stations will use section 73.1615(c)(1) to extend a 
temporary service reduction or cessation under section 73.1615 only 
when unexpected circumstances require a somewhat longer service 
disruption than initially anticipated. Stations will not be permitted 
to utilize the procedures set forth in section 73.1615 for service 
reductions or cessations that extend for a lengthy period beyond 30 
days. If the service disruption continues substantially beyond 30 days, 
we may require the station to reapply under the procedures outlined 
below for permanent analog or digital service

[[Page 5658]]

reduction or termination. (We note that section 73.1740(a)(4) of the 
rules (47 CFR 73.1740(c)(4)) provides flexibility to commercial 
broadcast television stations when, due to causes beyond the control of 
a licensee, the licensee cannot adhere to the station's operating 
schedule. This provision applies to service disruptions beyond the 
control of the licensee, while section 73.1615 involves planned 
engineering modifications requiring disruption of service. Stations 
reconfiguring their analog and DTV equipment that encounter an 
unexpected equipment failure or some other unanticipated problem that 
temporarily forces them to discontinue operations may do so without 
prior authority pursuant to 47 CFR 73.1740. Stations are required to 
notify the Commission not later than the 10th day of limited or 
discontinued operations.)
    106. Viewer Notification. We will require that stations filing a 
notification pursuant to section 73.1615 to permanently discontinue 
operation or permanently operate with reduced facilities within 30 days 
of the transition date must notify their viewers on their pre-
transition channel(s) (both analog and digital) about the planned 
permanent service reduction or termination and inform them about how 
they can continue to receive the station. Such notifications must occur 
every day on-air at least four times a day including at least once in 
primetime for the 30 days prior to the planned permanent service 
reduction or termination. (Stations that will not be serving at least 
the same population that receives their current analog TV and DTV 
service on February 18, 2009 are also required to notify viewers about 
the nature, scope, and anticipated duration of the station's post-
transition service limitations.) These notifications must include: (1) 
The station's call sign and community of license; (2) the fact that the 
station is planning to or has reduced or terminated its analog or 
digital operations before the transition date; (3) the date of the 
planned reduction or termination; (4) what viewers can do to continue 
to receive the station, i.e., how and when the station's digital signal 
can be received, or alternatively, the notification could describe how 
to get service from another station affiliated with the same network 
and serving the same lost area; (5) information about the availability 
of digital-to-analog converter boxes in their service area; and (6) the 
street address, e-mail address (if available), and phone number of the 
station where viewers may register comments or request information. We 
note that these viewer notifications are in addition to, and separate 
from, any notification requirements that we may adopt pursuant to our 
DTV Consumer Education Initiative.
2. Analog Service Reduction and Termination
    107. For stations needing long term or permanent reduction or 
termination (significantly more than 30 days), we adopt streamlined 
procedures to provide stations with the flexibility to permanently 
reduce or terminate their analog service before the transition date if 
necessary to achieve their transition. (We will consider a reduction or 
termination of analog service to be ``permanent'' if the station seeks 
to discontinue operation on that channel for more than 30 days.) 
Specifically, we will permit a station to reduce or terminate its 
analog service before the transition date, provided the station 
satisfies the following two requirements:
    (1) The station demonstrates that its analog service reduction or 
termination is directly related to the construction and operation of 
its, or another station's, post-transition facilities; and
    (2) The station notifies viewers on its analog channel about the 
planned service reduction or termination and informs them about how 
they can continue to receive the station, as detailed below.
    Stations must obtain prior Commission approval in order to reduce 
or terminate their analog service before the transition date. To allow 
the Media Bureau sufficient time to process these requests, and to 
afford viewers adequate time to obtain digital reception equipment, 
stations should file these requests for STA approval at least 90 days 
in advance of their planned service reduction or termination. Stations 
must file these requests electronically through the CDBS using the 
Informal Application filing form.
    108. In light of the fast-approaching hard date for analog turn-
off, the significant public interest in ensuring that stations meet the 
transition deadline now weighs in favor of permitting early reduction 
or termination of analog service where necessary to facilitate the 
transition. The procedures we adopt herein will provide stations with 
clear guidelines for how and when they may reduce and/or terminate 
their analog service early. At the same time, these procedures will 
ensure that viewers are informed about when they may lose analog 
service and what they can do to continue to view the station.
    109. The record strongly favors affording stations the flexibility 
to permanently reduce and/or terminate their analog service before the 
statutory deadline if the station's technical facilities and the 
conditions in its market warrant such reduction or termination to 
complete their transition. We agree with commenters that, at this point 
in the DTV transition, some stations must be allowed to ``wind-down'' 
their analog service in order to meet the transition deadline. To be 
clear, we note that we are not requiring stations to reduce or 
terminate analog service early and expect that stations will not do so 
unless absolutely necessary to complete their transition.
    110. Background. The Commission's rules require stations to 
continue operating their existing licensed analog facilities until the 
statutory analog turn-off date. Moreover, the Commission generally has 
not favored reductions in television service. (Proposals that would 
result in a loss in television service have been considered to be prima 
facie inconsistent with the public interest, and must be supported by a 
strong showing of countervailing public interest benefits.) The 
Commission, however, has recognized that losses in service may be 
justified to facilitate a station's transition to DTV. For example, the 
Commission permits the early return of out-of-core (i.e., TV channels 
52-69) analog channels under certain circumstances in order to 
facilitate the DTV transition. In the Third DTV Periodic Review NPRM, 
the Commission recognized that stations may have a legitimate need to 
reduce or terminate their analog operations (even on in-core channels) 
before the transition date because such operations may impede 
construction and operation of post-transition (digital) facilities. We 
stated in the Third DTV Periodic Review NPRM that such circumstances 
may include (but are not limited to): (1) Stations that need to 
reposition their digital and analog antennas before the end of the 
transition; (2) stations that need to add a third antenna to their 
tower but cannot do so without reducing or terminating analog service 
because the tower cannot support the weight of the additional 
transmission facilities; and (3) stations that are terminating analog 
service early as part of a voluntary band-clearing arrangement. The 
Commission, therefore, proposed to provide stations with the 
flexibility to permanently reduce and/or terminate their analog service 
if they satisfied certain criteria, i.e., a six-factor public interest 
test. (The Commission proposed to establish a

[[Page 5659]]

presumption that any reduction in a station's analog television service 
would be in the public interest if six factors were met: (1) The 
proposed reduction is directly related to the construction and 
operation of post-transition facilities and would ensure that the 
station or another station can meet the deadline; (2) the proposed 
reduction in analog service is less than five percent of either the 
station's service area or its population served; (3) the proposed 
reduction does not cause the loss of an area's only top-four network or 
NCE TV service; (4) the proposed reduction does not result in an 
unreasonable reduction in the number of services available in that 
area; (5) the broadcast station proposing the reduction is able to 
deliver its signal to cable and satellite providers so that the reduced 
analog signal does not prevent cable and satellite carriage; and (6) 
the broadcast station proposing the reduction commits to on-air 
consumer education about the station's transition and how to continue 
viewing the station.)
    111. Comments responding to the Third DTV Periodic Review NPRM 
discussed certain situations in which stations require the flexibility 
to reduce or terminate analog service early in order to complete their 
transition. For example, there are 49 stations with a documented side-
mounted antenna problem. In order for the station to operate its top-
mounted post-transition DTV facilities and accomplish its final 
transition, the station will have to relocate its analog antenna to 
another location on its tower and operate with reduced analog 
facilities. Other stations may have a tower at capacity preventing the 
installation of a third antenna on the tower. Therefore, the station 
will have to terminate its analog operations prior to the end of the 
transition in order to mount its post-transition DTV antenna. Some 
stations may be collocated on a shared tower and reduction or 
termination of analog operations may be necessary as the collocated 
stations coordinate the configuration of their final, post-transition 
facilities. Still other stations have equipment currently in use with 
their analog operations that they plan to use with their digital 
operations. This will necessitate the termination of their analog 
facilities prior to the transition so that the equipment can be 
reconfigured for use in their final, post-transition facilities. In 
addition, there may be other legitimate technical challenges, not 
anticipated at this time, which may warrant the flexibility of early 
analog service reduction or termination. We are persuaded by these 
real-world station examples of the necessity to afford stations 
regulatory flexibility in those types of circumstances.
    112. While most commenters support giving stations the flexibility 
to reduce or terminate analog service before the transition date, they 
favor a ``bright-line'' test and streamlined approval or notification 
process, instead of the proposed six-factor public interest analysis. 
Commenters proposed a variety of different standards to permit flexible 
analog service reduction or termination. In their joint comments, MSTV 
and NAB assert that stations should be allowed to reduce analog service 
starting one year prior to the transition date (i.e., February 17, 
2008) and stations should be allowed to terminate analog service 
starting six months prior to the transition date (i.e., August 17, 
2008), provided stations notify the Commission within 15 days. 
Similarly, Tribune proposed allowing stations to reduce analog power 
temporarily by as much as 50 percent in the year leading up to February 
17, 2009. LeSEA agreed with Tribune's approach provided the station is 
not a network affiliate. Disney proposes that the Commission presume 
that short term, reduced power operations are in the public interest. 
In other words, Disney urges the Commission to apply a rebuttable 
presumption to the request of any station returning to its analog 
channel whose proposed reduction/termination is directly related to the 
construction and operation of post-transition facilities and is 
necessary to ensure that the station can meet the transition deadline. 
(Disney appears most concerned with relatively short term reductions 
and terminations (e.g. 30 days or less). However, these short term 
actions fall under the category of temporary disruptions that, as noted 
above, are permitted under 47 CFR 73.1615 of our existing rules.) Hoak 
and Granite suggest that the Commission employ two criteria: Whether 
the termination/reduction (1) is directly related to the station's 
ability to complete construction of post-transition DTV facilities in a 
timely manner and (2) is as limited in nature and duration as 
reasonably necessary to accomplish the transition.
    113. We are persuaded that our proposed six-factor test should be 
adjusted to provide additional flexibility at this stage in the 
transition. However, we disagree with the suggestion of MSTV/NAB and 
Tribune that we should permit all stations to elect to terminate or 
reduce analog service early, starting on dates suggested by these 
commenters, without justification. We find that stations should be 
granted broad flexibility to reduce or terminate analog service as 
needed to further a station's transition, but should not be granted 
blanket authority to reduce or terminate analog service without 
providing a legitimate reason why the action is necessary. We have an 
important responsibility as guardians of the public interest to ensure 
that stations show a legitimate need for an early analog reduction or 
termination. In addition, we must ensure that viewers are informed 
about any permanent loss of analog service. Accordingly, as discussed 
more fully below, we steer a middle course by adopting a procedure that 
provides certainty to broadcasters regarding when pre-transition analog 
reduction and termination will be permitted. We find that our reduced 
showing requirement will reduce the administrative burden on stations 
and eliminate the delays that can occur with a more detailed approval 
process during this critical time in the DTV transition.
    114. Commission Approval Process. Stations must obtain prior 
Commission approval in order to reduce or terminate their analog 
service before the transition date. Stations must file requests for 
such approval as a request for STA through the CDBS using the Informal 
Application filing form, and must indicate whether the request is 
either a service reduction or termination. (Like other requests for 
STA, these requests to permanently reduce or terminate analog TV 
service before the transition date must be filed electronically using 
the Informal Filings Menu of CDBS. As requests are submitted, CDBS will 
automatically generate public notice of these filings. For more 
information on Informal Filings in CDBS, please refer to this Web page: 
http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm. To 
speed processing, stations should also e-mail courtesy copies of their 
STA requests to [email protected].) Consistent with the handling 
of STA requests, stations will be notified of actions taken on their 
requests by public notice. (As Bureau actions are recorded, CDBS will 
automatically generate public notice of the actions taken.) We 
recognize that analog viewers must have adequate time to obtain digital 
equipment in advance of a station's early reduction or termination. We 
also must allow sufficient time for Commission review before stations 
commence notification to viewers. We believe that NTIA will process 
requests for coupons to subsidize the purchase of digital-to-analog 
converters in three weeks or less. Accordingly, stations must file 
requests for approval of analog reduction or

[[Page 5660]]

termination at least 90 days in advance of their planned service 
reduction or termination to ensure that they can obtain timely 
Commission approval for their proposed actions. As discussed below, 
viewer notification must commence no fewer than 60 days prior to 
reduction or termination of the analog signal. We caution stations that 
some requests may require additional processing time. In these 
situations, we will work with the station involved to discuss the 
options available to that station.
    115. Showing Required. We will permit stations to reduce or 
terminate their analog service before the transition date, provided: 
(1) They demonstrate that the analog service reduction or termination 
is directly related to the construction and operation of post-
transition facilities, by either the station itself or by another 
station, and would ensure that the station, or another station, can 
meet the transition deadline; and (2) They notify viewers of the 
upcoming analog service loss (as discussed in detail below). Stations 
may not be permitted to reduce or cease analog service, where, among 
other possible reasons, the provision of public health and safety 
information is seriously affected or there are other public interest 
considerations that require that a station provide analog service. In 
addition, the showing should include all relevant information, 
including the station location, network affiliation if any, the 
circumstances requiring early reduction or termination of pre-
transition digital service, and the number of viewers affected. This 
information will enable us to properly consider the impact of the 
service reduction or termination on the station's viewers, including 
the number of current viewers that will lose digital service, satellite 
and cable penetration, and the number and kind (network, independent, 
etc.) of other digital channels available to affected viewers.
    116. The following are examples of situations where the service 
reduction or termination would be considered to be ``directly related'' 
to the construction and operation of post-transition facilities: (1) 
Stations that need to reposition their digital and analog antennas 
before the end of the transition; (2) Stations that need to add a third 
antenna to their tower but cannot do so without reducing or terminating 
analog service because the tower cannot support the weight of the 
additional transmission facilities; (3) Stations on a collocated tower 
that must coordinate a reduction or termination with other stations in 
order to configure their final, post-transition facilities; (4) 
Stations with equipment currently in use with their analog operations 
that they plan to use with their digital operations; and (5) Stations 
that must terminate operation on their analog channel in order to 
permit another station to construct its post-transition DTV facilities 
on that channel. We recognize, however, that there may be other 
legitimate situations where stations may be able to demonstrate that 
their planned service reduction or termination is directly related to 
the construction and operation of post-transition facilities and we 
will also consider these requests on a case-by-case basis.
    117. Viewer Notification. With respect to the required notification 
to stations' viewers, such notifications must occur every day on-air at 
least four times a day including at least once in primetime for the 60-
day period prior to the planned service reduction or termination. 
(Stations that will not be serving at least the same population that 
receives their current analog TV and DTV service on February 18, 2009 
are also required to notify viewers about the nature, scope, and 
anticipated duration of the station's post-transition service 
limitations.) These notifications must include: (1) The station's call 
sign and community of license; (2) the fact that the station is 
planning to or has reduced or terminated its analog or digital 
operations before the transition date; (3) the date of the planned 
reduction or termination; (4) what viewers can do to continue to 
receive the station, i.e., how and when the station's digital signal 
can be received, or alternatively, the notification could describe how 
to get service from another station affiliated with the same network 
and serving the same lost area; (5) information about the availability 
of digital-to-analog converter boxes in their service area; and (6) the 
street address, e-mail address (if available), and phone number of the 
station where viewers may register comments or request information. We 
note that these viewer notifications are in addition to, and separate 
from, any notification requirements that we may adopt pursuant to our 
DTV Consumer Education Initiative.
3. Pre-Transition Digital Service Reduction and Termination
    118. In addition to the temporary disruption rules and the long 
term or permanent analog reduction or termination, we will also provide 
stations that will be returning to their analog channel or moving to a 
new channel for post-transition operations with the flexibility to 
reduce or terminate existing digital service on their pre-transition 
DTV channels prior to the transition date. (Stations that will be using 
their same digital channel for post-transition operations may not use 
the procedures outlined in this section.) We are hopeful that the vast 
majority of stations currently providing digital service to the public 
on pre-transition DTV channels will continue to do so, until they 
convert to operations on their post-transition channel. However, we 
recognize that, in some instances, these stations may have to reduce or 
terminate their pre-transition digital service in order to complete the 
station's post-transition facilities. Thus, we provide flexibility to 
stations to reduce or terminate pre-transition digital service where a 
station can demonstrate that doing so is necessary to complete 
construction of, and commence operations on, its new post-transition 
channel. As discussed above, a station whose pre-transition digital 
channel is unbuilt and/or non-operational may choose to return the 
construction permit for that channel to the Commission and focus its 
efforts on construction of its post-transition channel.
    119. The following options are available for stations that need to 
reduce or cease operation on their pre-transition DTV channel prior to 
the transition date:
    (1) As explained above, a station may, pursuant to section 73.1615, 
temporarily reduce or cease service a period of 30 days or less, upon 
notification to the Commission and without prior approval, when 
necessary to complete construction of its post-transition facility;
    (2) A station may choose to transition early to its post-transition 
channel by terminating operation on its pre-transition DTV channel and 
commencing service on its post-transition channel prior to the 
transition date; or
    (3) A station may permanently reduce or terminate their pre-
transition digital service before the transition date, provided it 
satisfies the following two requirements:
    a. First, the station must demonstrate that its service reduction 
or termination is directly related to the construction and operation of 
its, or another station's, post-transition facilities; and
    b. Second, the station notifies viewers on its pre-transition 
channel(s) about the planned service reduction or termination and 
informs them about how they can continue to receive the station.
    120. In general, our goal is to ensure the continuation of digital 
service that is now being provided to viewers. However, a substantial 
number of

[[Page 5661]]

commenters responding to the Third DTV Periodic Review NPRM stated that 
the Commission should provide the maximum possible flexibility to 
stations to permit them to accomplish the transition in the manner that 
best suits the station's particular circumstances. We agree with MSTV/
NAB that stations generally will be reluctant to terminate their new 
digital services at a time when they are trying to establish a digital 
audience, and, therefore, stations will only take advantage of this 
option where necessary to finalize post-transition facilities. (MSTV/
NAB note that there may be situations where, due to tower weight issues 
or lack of space for a new transmitter, a station will have no option 
but to terminate its digital service in order to complete construction 
on its final digital channel.) While we are concerned about reducing 
digital service to the public pre-transition, we recognize that doing 
so may be the best, or only, possible approach to achieving a 
successful and timely transition.
a. Termination of Digital Service on Pre-Transition Channel When 
Associated With Early Digital Operation on Post-Transition Channel
    121. We adopt our proposal in the Third DTV Periodic Review NPRM to 
allow stations that will use a different DTV channel for post-
transition operations to cease operations on their pre-transition DTV 
channels and begin operating on their new channels before the 
transition date. Specifically, a station will be permitted to 
transition early if the following requirements are met:
    (1) The early transitioning station must not cause impermissible 
interference to another station; and
    (2) The early transitioning station must continue to serve its 
existing viewers for the remainder of the transition and commence its 
full, authorized post-transition operations on February 18, 2009.
    The record supports the allowance of early post-transition 
operations, although (as previously discussed above) some commenters 
oppose any accompanying restrictions on stations' ability to reduce or 
terminate pre-transition television service. (For example, MSTV/NAB and 
APTS/PBS argue that a station should be permitted to transition early 
subject only to interference concerns. NAB/MSTV comments at 14-16; 
APTS/PBS Comments at 20-21.) We agree that early transitions will 
advance and facilitate the transition by freeing engineering and 
construction resources for those stations building later. For example, 
MSTV/NAB states that early post-transition operations may advance the 
transition by setting in motion ``daisy-chains'' of early transitions, 
i.e., as channels are vacated by the departing station they will be 
freed-up for the incoming stations. Stations interested in commencing 
early post-transition operations should indicate their intent to do so 
in their construction permit or modification applications for post-
transition facilities. (Stations must follow the post-transition 
applications procedures in Section V.D., infra. We are proposing to 
revise FCC Forms 301 and 340 to allow stations to simultaneously apply 
for both pre- and post-transition facilities. See form changes in 
Appendix C.)
    122. We will permit early transitioning stations to operate at 
facilities that are less than their full, authorized facilities until 
the date of their construction deadline, at which date these stations 
must commence their full, authorized post-transition operations. MSTV/
NAB suggest that we require early transitioning stations to serve only 
their respective communities of license during the transition period. 
We disagree with MSTV/NAB that market factors alone will protect 
against viewer disenfranchisement and find that, absent a showing of 
good cause, stations must maintain current digital service to 
consumers, who have prepared for the transition and will expect to 
continue to receive such service. Broadcasters seeking to commence 
early post-transition operations must indicate in their applications 
for post-transition facilities whether such operations will result in a 
loss of their own analog or digital service.
    123. Interference Criteria. We adopt our proposal in the Third DTV 
Periodic Review NPRM to require that early transitioning stations 
comply with both the current interference standard and the interference 
standard we adopt here for post-transition operations. Accordingly, 
early transitioning stations must not cause more than 2.0 percent 
interference to any authorized analog or pre-transition DTV station 
(with a 10 percent limit on cumulative interference) and must meet the 
post-transition protection standard (0.5 percent additional 
interference to Appendix B facilities for all stations).
b. Termination of Digital Service on Pre-Transition Channel When 
Associated With Flash Cut
    124. For stations needing long term or permanent reduction or 
termination (significantly more than 30 days), we adopt streamlined 
procedures to provide stations with the flexibility to permanently 
reduce or terminate their pre-transition digital service before the 
transition date if necessary to complete their transition. (We will 
consider a reduction or termination of pre-transition digital service 
to be ``permanent'' if the station seeks to discontinue operation on 
that channel for more than 30 days. If the station intends to 
discontinue operation on that channel for the remainder of the 
transition, the station must return the pre-transition channel to the 
Commission and flash cut directly from operation on their analog 
channel to operation on their post-transition (digital) channel on or 
before the transition date.) The Commission has previously granted 
general approval for satellite stations and most stations with an out-
of-core DTV channel to terminate pre-transition digital service and 
transition directly from their analog to their post-transition digital 
channel (i.e., ``flash cut'' approval). We will continue to permit 
these stations to seek flash cut approval under those existing 
standards. For all other stations seeking Commission approval for 
reduction or termination of pre-transition digital service, we will 
permit a station to reduce or terminate its pre-transition digital 
service before the transition date in the same manner adopted for 
approving an analog service reduction or termination. Accordingly, we 
will permit a station to permanently reduce or terminate their pre-
transition digital service before the transition date, provided the 
station satisfies the following two requirements:
    (1) The station demonstrates that its pre-transition digital 
service reduction or termination is directly related to the 
construction and operation of its, or another station's, post-
transition facility; and
    (2) The station notifies viewers on its pre-transition channel(s) 
about the planned service reduction or termination and informs them 
about how they can continue to receive the station.
    Stations must obtain prior Commission approval in order to reduce 
or terminate their pre-transition digital service before the transition 
date. To allow the Media Bureau sufficient time to process these 
requests, stations should file these requests for STA approval at least 
60 days in advance of their planned service reduction or termination. 
Stations must file these requests electronically through the CDBS using 
the Informal Application filing form. We expect that stations that will 
reduce or terminate their pre-transition digital service will commence

[[Page 5662]]

early post-transition operations if possible.
    125. Background. The Second DTV Periodic Report and Order permitted 
stations in certain situations to surrender their pre-transition DTV 
channel, operate in analog on their analog channel, and then flash cut 
to digital by the end of the transition on their post-transition 
channel. (In April 2007, the Media Bureau approved by public notice the 
flash cut requests of 32 stations based on the criteria established in 
the Second DTV Periodic Report and Order. See Flash Cut PN. These 
stations were approved to turn off or discontinue construction of their 
pre-transition DTV channel. In addition, the public notice invited any 
other station to flash cut if it meets the criteria established in the 
Second DTV Periodic Report and Order.) As the Commission noted, the 
potential public interest benefits of allowing stations to flash cut 
include freeing the station to focus its efforts on completion of its 
post-transition channel and the creation of opportunities for the 
provision of public safety and other wireless services on the pre-
transition DTV channel. In the Second DTV Periodic Report and Order, 
the Commission permitted satellite stations to flash cut because of 
their unique status and circumstances and provided for these stations 
to notify the Commission of their decision to flash cut by their 
initial channel election deadline. The Commission stated that satellite 
stations opting to flash cut would retain their interference protection 
(defined in the proposed new DTV Table Appendix B) as if they had met 
the applicable replication/maximization build-out requirements. The 
Commission also permitted stations with out-of-core DTV channels to 
flash cut under certain conditions and required notification of their 
decision to flash cut by their initial channel election deadline. (TV 
satellite stations are full-power broadcast stations authorized under 
part 73 of the Commission's rules to retransmit all or part of the 
programming of a parent station that is typically commonly owned. 
Unlike full-service stations, satellite stations have chosen to forego 
or relinquish full-service status and instead retransmit the 
programming of a parent station because full-service operation of the 
satellite facility is not economically viable. Eligible satellite 
stations were assigned a paired DTV channel in the current DTV Table. 
The Second DTV Periodic Report and Order recognized that most satellite 
stations operate in small or sparsely populated areas that have an 
insufficient economic base to support full-service operations.) The 
Commission presumed that granting such requests would be in the public 
interest if the station demonstrated that (1) it was assigned an out-
of-core DTV channel, (The Commission noted the ``greater potential for 
wasted expenditures in DTV facilities built in the 700 MHz band (since 
there will not be an opportunity to remain in that band after the 
transition)'' and ``the potential for earlier use of this spectrum by 
public safety and other 700 MHz licensees.'') and (2) grant of the 
request would not result in the loss of a DTV channel affiliated with 
one of the four largest national television networks (ABC, CBS, NBC, or 
Fox). In the case of requests that did not meet these criteria, the 
Commission stated that it would consider all the relevant public 
interest factors in deciding whether to approve the request. These 
factors include the advancement of the provision of wireless and public 
safety services, the acceleration of the DTV transition, and the loss 
of broadcast service. Like satellite stations, full-service out-of-core 
stations that are permitted to flash cut would retain their 
interference protection (defined in the new DTV Table Appendix B, as 
adopted) as if they had met the applicable replication/maximization 
build-out requirements. In April 2007, the Media Bureau released the 
Flash Cut PN inviting any station to flash cut if it meets the criteria 
established in the Second DTV Periodic Report and Order.
    126. In the Third DTV Periodic Review NPRM, the Commission invited 
comment on whether we should expand the range of circumstances in which 
we would accept new requests by stations to return their pre-transition 
DTV channel (i.e., a DTV channel that is not their final, post-
transition channel) before the end of the transition and ``flash cut'' 
at or before the transition deadline from their current analog channel 
to their post-transition channel. Specifically, we sought comment on 
whether the following factors should be considered in evaluating flash 
cut requests: (1) Whether the DTV station is operating on TV channels 
52-69; (2) whether the station is affiliated with one of the four 
largest national television networks (ABC, CBS, NBC, or Fox); (The 
Commission also noted that the presumption is neither conclusive nor 
dispositive and that special circumstances raised by the resulting loss 
of digital broadcast service could rebut the presumption.) (3) whether 
the station's pre-transition DTV channel is allotted to another station 
for post-transition use and the station's return of the channel will 
facilitate the other station's construction of its post-transition 
digital facility; and (4) the station's financial hardship.
    127. Commenters responding to the Third DTV Periodic Review NPRM 
generally argued that, at this point in the transition, we should 
provide flexibility to stations that want to return their pre-
transition DTV channel and flash cut directly from analog to digital 
operation on the post-transition channel. NAB/MSTV argued that the 
flash cut option should be made available to all stations during the 
last six months of the DTV transition, provided the station notifies 
the Commission within 15 days of terminating service. NAB/MSTV also 
argued that the Commission should not establish a ``complicated factor 
test'' for approving flash cuts. While we agree that the flash-cut 
option should be made available to more stations, as our approach 
adopted herein does, we disagree with NAB/MSTV that any station should 
be permitted to flash cut six months prior to the transition deadline. 
A station that seeks to flash cut seeks to terminate its pre-transition 
digital service. While there may be situations where stations must 
cease service on a pre-transition channel in order to complete post-
transition service, we are not prepared to permit stations (other than 
satellite or operating out-of-core) to terminate pre-transition digital 
service absent a compelling reason. As the transition deadline nears, 
viewers should--and will--become increasingly reliant on receiving 
digital service. Permitting stations to cease digital service as the 
transition nears, absent compelling circumstances, could undermine 
viewer expectations and the success of the transition itself.
    128. Existing Flash Cut Authority for Satellite Stations and 
Stations With An Out-of-Core DTV Channel. As we stated in the Third DTV 
Periodic Review NPRM, stations may continue to seek flash cut approval 
pursuant to the Second DTV Periodic Report and Order and Flash Cut PN. 
Thus, satellite stations may still flash cut upon simple notification 
to the Commission. (Consistent with rules 47 CFR 73.1750, 73.3580 and 
73.1750 (termination of service), 73.1690(b) (modification of license 
or authorization), stations may declare their intent to flash cut by 
sending a letter to the Video Division of the Media Bureau and an e-
mail to [email protected].) Stations with an out-of-core DTV channel may 
either take advantage of our existing flash cut approval for these 
stations, as adopted in the Second DTV Periodic Report and

[[Page 5663]]

Order and Flash Cut PN, or may seek approval under the new test 
described herein that applies to all non-satellite stations. (For 
stations with an out-of-core DTV channel, we will continue to presume 
that a flash cut request is in the public interest if the station is 
not affiliated with a top-four network. For out-of-core stations with a 
top four network affiliation that seek to flash cut, this expanded 
flash cut option offers additional flexibility for these stations.)
    129. In an effort to provide additional flexibility to out-of-core 
stations, we adopt our proposal to extend the current band-clearing 
``rebuttable presumption'' favoring band-clearing arrangements for 
stations on TV channels 59-69 to cover the requests of all out-of-core 
stations (i.e., TV channels 52-69). The comments addressing this issue 
support adoption of our proposal. The Commission established policies 
to facilitate voluntary ``band-clearing'' of the 700 MHz bands to allow 
for the introduction of new public safety and other wireless services 
and to promote the transition of out-of-core analog TV licensees to DTV 
service inside the core TV spectrum. Generally speaking, these policies 
provide that the Commission will approve voluntary agreements between 
incumbent broadcasters and new licensees to clear the 700 MHz band 
early if consistent with the public interest. The Commission has 
approved several such requests to return out-of-core channels in 
accordance with this band-clearing policy. Previously, the Commission's 
700 MHz band-clearing policies have differed somewhat depending on 
whether a station is located on TV channels 59-69, which might affect 
use of the upper portion of the band, or on TV channels 52-58, which 
would only affect use of the lower portion of the band. (Envisioning 
the early recovery of TV channels 60-69, the Commission established a 
``rebuttable presumption'' favoring requests for voluntary band-
clearing involving channels 59-69. In contrast, the Commission did not 
anticipate recovery of TV channels 52-59 until after the DTV transition 
was complete and, as a result, decided to consider requests for 
voluntary band-clearing involving those channels on a case-by-case 
basis.) We find that this disparate band-clearing treatment with 
respect to stations in the lower 700 MHz band (i.e., TV channels 52-58) 
is no longer appropriate. We agree with MSTV/NAB that the presumptive 
standard currently applied to band clearing arrangements on channels 
59-69 should be applied immediately to all band-clearing proposals. The 
hard deadline applies equally to both portions of the 700 MHz band. 
(DTV Act Section 3003 unified the timing of auctions for the assignment 
of remaining spectrum from TV Channels 52-69. The Communications Act 
now requires the Commission to commence the auction of recovered analog 
broadcast spectrum no later than January 28, 2008 and deposit the 
proceeds of such auction in the Digital Television Transition and 
Public Safety Fund no later than June 30, 2008. 47 U.S.C. Section 
309(j)(15)(C)(v).) In addition, Congress has mandated that the 
Commission begin the auction of recovered analog broadcast spectrum in 
the 700 MHz band no later than January 28, 2008. (The Commission is 
required to commence the auction of recovered analog broadcast spectrum 
no later than January 28, 2008 and deposit the proceeds of such auction 
in the Digital Television Transition and Public Safety Fund no later 
than June 30, 2008. 47 U.S.C. Section 309(j)(15)(C)(v).) We find that 
extension of the band-clearing policy is appropriate to facilitate the 
clearing of the 700 MHz band in anticipation of the Commission's 
upcoming auction of licenses for services in the 700 MHz band (698-806 
MHz) scheduled to begin on January 24, 2008. We will apply the same 
``rebuttable presumption'' standard to voluntary agreements for 
clearing TV channels 52-58 as now applies to such agreements for 
clearing TV channels 59-69. As requested by MSTV/NAB, we clarify that, 
to the extent a station seeks to terminate analog service on its out-
of-core channel in accordance with the procedures established above, 
the station will not also be required to make a showing regarding the 
``rebuttable presumption'' applicable to band-clearing arrangements.
    130. Commission Approval Process. Stations must obtain prior 
Commission approval in order to reduce or terminate their pre-
transition digital service before the transition date. Stations must 
file requests for such approval as a request for STA through the CDBS 
using the Informal Application filing form, and must indicate whether 
the request is either a service reduction or termination. (Like other 
requests for STA, these requests to permanently reduce or terminate 
pre-transition DTV service before the transition date must be filed 
electronically using the Informal Filings Menu of CDBS. As requests are 
submitted, CDBS will automatically generate public notice of these 
filings. For more information on Informal Filings in CDBS, please refer 
to this web page: http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm. To speed processing, stations should also e-mail courtesy 
copies of their STA requests to [email protected].) Consistent with 
the handling of STA requests, stations will be notified of actions 
taken on their requests by public notice. We encourage stations to file 
these requests at least 60 days in advance of their planned service 
reduction or termination to ensure that they can obtain timely 
Commission approval for their proposed actions. We caution stations 
that some requests may require more than 60 days of processing time. In 
these situations, we will work with the station involved to discuss the 
options available to that station.
    131. Showing Required. For stations not otherwise eligible for 
flash-cut approval, we will permit stations to reduce or terminate 
their pre-transition digital service before the transition date, 
provided: (1) They demonstrate that the pre-transition digital 
reduction or termination is directly related to the construction and 
operation of post-transition facilities, by either the station itself 
or by another station, and would ensure that the station, or another 
station, can meet the transition deadline; and (2) They notify viewers 
of the upcoming pre-transition digital loss (as discussed in detail 
below). Stations may not be permitted to reduce or terminate their pre-
transition digital service, where, among other possible reasons, the 
provision of public health and safety information is seriously affected 
or there are other public interest considerations that require that a 
station provide analog service. In addition, the showing should include 
all relevant information, including the station location, network 
affiliation if any, the circumstances requiring early reduction or 
termination of pre-transition digital service, and the number of 
viewers affected. This information will enable us to properly consider 
the impact of the service reduction or termination on the station's 
viewers, including the number of current viewers that will lose digital 
service, satellite and cable penetration, and the number and kind 
(network, independent, etc.) of other digital channels available to 
affected viewers. In addition, stations must explain why they cannot 
commence digital operation early on their post-transition channel 
(early transition) in order to continue to provide digital service to 
viewers.
    132. Viewer Notification. With respect to the required notification 
to stations' viewers, such notifications must occur every day on-air at 
least four times a day including at least once in primetime for the 30-
day period prior to the planned

[[Page 5664]]

service reduction or termination. (Stations that will not be serving at 
least the same population that receives their current analog TV and DTV 
service on February 18, 2009 are also required to notify viewers about 
the nature, scope, and anticipated duration of the station's post-
transition service limitations.) These notifications must include: (1) 
The station's call sign and community of license; (2) the fact that the 
station is planning to or has reduced or terminated its analog or 
digital operations before the transition date; (3) the date of the 
planned reduction or termination; (4) what viewers can do to continue 
to receive the station, i.e., how and when the station's post-
transition digital signal can be received, or alternatively, the 
notification could describe how to get service from another station 
affiliated with the same network and serving the same lost area; and 
(5) the street address, e-mail address (if available), and phone number 
of the station where viewers may register comments or request 
information. We note that these viewer notifications are in addition 
to, and separate from, any notification requirements that we may adopt 
pursuant to our DTV Consumer Education Initiative.
4. Service Reductions or Terminations 90 Days Before the Transition 
Date
    133. As an exception to the approval process described above for 
permanent service reductions and terminations, we instead adopt a 
streamlined notification procedure for stations planning a permanent 
service reduction or termination (analog or digital) within 90 days of 
the February 17, 2009, transition date (i.e., beginning on or after 
November 19, 2008). We find that a more relaxed notification procedure 
is more appropriate than the approval process established above to 
provide stations with additional flexibility as we approach the 
transition date. As discussed in detail above, the record amply favors 
affording stations this additional flexibility so close to the end of 
the transition. Therefore, we will permit a station to reduce or 
terminate its analog or digital service within 90 days before the 
transition date by filing a notification with the Commission. The 
notification must be filed 30 days in advance of the planned service 
reduction or termination and must include a showing that the service 
reduction or termination is necessary for purposes of the transition. 
Although we will not require prior Commission approval, stations must 
notify their viewers on their pre-transition channel(s) (analog and 
digital) about the planned service reduction or termination and inform 
them about how they can continue to receive the station. Like the 
section 73.1615 notifications, stations must file these notifications 
electronically through the CDBS using the Informal Application filing 
form.
    134. Viewer Notification. We will require stations filing a 
notification with the Commission regarding permanent reduction or 
termination within 90 days of the transition date to notify their 
viewers on their pre-transition channel(s) (both analog and digital) 
about the early service reduction or termination and inform them about 
how they can continue to receive the station. (Stations that will not 
be serving at least the same population that receives their current 
analog TV and DTV service on February 18, 2009 are also required to 
notify viewers about the nature, scope, and anticipated duration of the 
station's post-transition service limitations.) Such notifications must 
occur every day on-air at least four times a day including at least 
once in primetime for the 30-day period prior to the planned service 
reduction or termination. These notifications must include: (1) The 
station's call sign and community of license; (2) the fact that the 
station is planning to or has reduced or terminated its analog or pre-
transition digital operations before the transition date; (3) the date 
of the planned reduction or termination; (4) what viewers can do to 
continue to receive the station, i.e., how and when the station's 
digital signal can be received, or alternatively, the notification 
could describe how to get service from another station affiliated with 
the same network and serving the same lost area; (5) information about 
the availability of digital-to-analog converter boxes in their service 
area; and (6) the street address, e-mail address (if available), and 
phone number of the station where viewers may register comments or 
request information. We note that these viewer notifications are in 
addition to, and separate from, any notification requirements that we 
may adopt pursuant to our DTV Consumer Education Initiative.

D. Applications To Construct or Modify DTV Facilities

    135. As we stated in the Third DTV Periodic Review NPRM, stations 
that need to request authority to construct or modify their post-
transition facilities must file construction permit (CP) or 
modification applications. Commercial stations that need to construct 
or modify their post-transition facilities must file FCC Form 301 for a 
minor modification and submit the appropriate fee. (Applications to 
construct or modify post-transition facilities specified in the final 
DTV Table Appendix B involve a minor change in facilities and we will 
process them accordingly. 74 CFR 73.3572(a)(1) of the Commission's 
rules defines a major change in a television station's facilities as 
any change in frequency or community of license. Several stations may 
be changing channels as a result of the channel election process; 
however, these stations will be applying for the frequency and 
community of license assigned to them in the new DTV Table that was 
adopted in the Seventh Report and Order in MB Docket No. 87-268, and 
accordingly we will treat their applications as not involving a change 
in frequency. We believe this treatment will speed processing. We also 
note that this is consistent with our implementation of the initial DTV 
Table in 1998.) Noncommercial educational (NCE) stations must file FCC 
Form 340. We received no comments on our proposed revised FCC Forms 301 
and 340, and we adopt those revised forms as proposed. These forms will 
be available following their approval by the Office of Management and 
Budget (OMB).
    136. Stations Whose Post-Transition Channel is Different From Their 
Pre-Transition DTV Channel. Stations whose pre- and post-transition DTV 
channels are different may begin filing their applications for a CP on 
the final DTV channel following the effective date of this Report and 
Order. As discussed below, these stations may qualify for expedited 
processing of their CP applications.
    137. Stations Whose Post-Transition Channel is the Same as Their 
Pre-Transition DTV Channel. Stations whose pre- and post-transition DTV 
channels are the same fall into three categories. First, some of these 
stations may not have a licensed DTV facility or CP to construct a 
facility that matches the final DTV Table Appendix B and the station 
wants to construct the facility listed in Appendix B for that station's 
post-transition operation. Such stations must file an application to 
modify their authority on their current DTV channel, and we encourage 
these stations to file immediately. (Stations are reminded that 
applications filed at this time must not request an expansion of 
service area that would violate the filing freeze.) As these stations 
already have a CP for their final post-transition channel, they do not 
need to wait for the effective date of this Report and Order or the 
rules adopted herein to file a modification application, and will get 
more rapid processing if we receive their applications before stations 
that are changing channels file their

[[Page 5665]]

applications. (Following are examples of situations in which a station 
that is staying on the same DTV channel for post-transition operation 
may have to file an application for modification of its CP. A station 
that intends to operate its post-transition facility pursuant to an 
existing STA operation must file an application to modify its CP to 
match its STA facility. Also, some of these stations may need to apply 
to increase power or otherwise adjust their facilities because they are 
now operating under STA at reduced power and they are unable to 
construct their authorized CP facilities, but intend to operate with 
more than their current STA facilities (for example, they intend to 
raise their transmitting antenna to a higher height on their tower, but 
are unable to mount it at the authorized height). Other stations may 
need to apply to modify their licensed or CP facilities in order to 
match their DTV Table Appendix B coverage if such coverage was based on 
a certification that differs from their current license or CP.)
    138. Second, some stations whose pre- and post-transition DTV 
channels are the same may want to request changes to Appendix B as 
adopted in the Seventh Report and Order to match their existing 
facility. In such circumstances, we expect that these stations should 
have a petition for reconsideration of the Seventh Report and Order 
pending, which we will address in a separate proceeding. (Approximately 
123 Petitions for Reconsideration of the Seventh Report and Order were 
filed by October 26, 2007, the close of the pleading cycle.) If a 
station has completed construction of the facility it intends to 
operate after the transition, it does not need to file an application 
at this time. (If there are minor differences between the station's 
completed or CP facility and the facility described in Appendix B for 
that station, such station may continue operating its licensed facility 
or continue constructing its CP facilities. If major differences exist 
between a station's completed or CP facility and the facility specified 
in Appendix B for that station, and the station has not filed a 
petition for reconsideration and fails to promptly seek changes to 
Appendix B according to the procedures set forth above in paragraph 9, 
the station may be subject to enforcement action.)
    139. Third, there are some stations that already have a license to 
operate or a CP to construct their post-transition channel that matches 
the facility specified in the new DTV Table Appendix B for that 
station. These stations do not need to file any additional CP 
applications. These stations are building their post-transition 
facilities on the CPs granted for pre-transition operation. Once these 
stations have completed construction and have begun operating pursuant 
to program test authority, they must file an application for a license 
to cover (FCC Form 302).
1. Expedited Processing
    140. As we stated in the Third DTV Periodic Review NPRM, it is each 
station's responsibility to ensure that it can begin operations on its 
post-transition channel upon expiration of the deadline for the 
transition on February 17, 2009. To ensure that they meet this 
deadline, stations should file their applications as soon as possible 
in order to have the maximum time to order equipment and build their 
facilities. In order to provide further incentive for stations to 
timely file applications for their post-transition facilities, we 
hereby adopt our proposal to provide expedited processing for certain 
stations that timely apply for a construction permit to build their 
post-transition channel. Specifically, we will provide expedited 
processing (generally within 10 days) to a station whose application 
demonstrates all three of the following requirements:
    (1) The application does not seek to expand the station's 
facilities beyond its final post-transition DTV Table Appendix B 
facilities; (Applications for such expanded facilities will be 
processed as quickly as possible after processing is completed for 
stations eligible for expedited processing.)
    (2) The application specifies facilities that match or closely 
approximate the DTV Table Appendix B facilities (i.e., if the station 
is unable to build precisely the facilities specified in the new DTV 
Table Appendix B, then it must apply for facilities that are no more 
than five percent smaller than its facility specified in Appendix B 
facilities with respect to predicted population); and
    (3) The application is filed within 45 days of the effective date 
of this Report and Order, pending OMB approval.
    141. In general, the commenters agreed that expedited processing of 
applications is important to ensure that stations can meet the 
transition deadline. We find that setting an application filing 
deadline for expedited processing of 45 days after the effective date 
of this Report and Order will give stations time to prepare for these 
filings. (We expect that the 45-day application deadline will coincide 
with final OMB approval for revised FCC Forms 301 and 340. The Media 
Bureau will issue a public notice announcing that the forms have been 
approved and are ready for use, as well as the date by which 
applications must be filed to take advantage of expedited processing.) 
We anticipate that we will be able to process qualified applications 
expeditiously, generally within 10 days of filing. We remind stations 
that expedited processing does not necessarily mean that the 
application will be granted. (The application still must satisfy the 
criteria on Form 301 (or 340 for NCEs), as revised in this proceeding. 
Stations that do not qualify for expedited processing will not 
necessarily have their applications denied; rather, their applications 
simply will not be processed on an expedited basis.) Applications that 
receive expedited review but that are not readily grantable by the 
Commission will require further action by the station. (To be eligible 
for grant, the applicant must certify in the application that the 
proposed facility: (1) Will not have a significant environmental 
impact; (2) will serve the principal community of license; (3) will 
provide necessary protection to radio astronomy installations and FCC 
monitoring stations; and (4) has had its tower approved by FAA, if 
necessary. See 47 CFR 73.622(f)(2) (checklist criteria). These criteria 
must be met by all applications on FCC Form 301 and 340, including both 
those eligible for expedited processing as well as those not eligible 
for expedited processing.)
    142. Some commenters proposed that we designate additional 
categories of stations that would be eligible for expedited processing. 
Specifically, APTS argues that we should provide expedited processing 
to stations with Congressionally-authorized funding that is contingent 
upon the receipt of a construction permit. In addition, West Virginia 
Media Holdings suggests that we provide expedited processing to 
stations moving to a different post-transition channel. We note that 
the criteria and procedures we adopt today encompass a broader group of 
stations than the categories identified by APTS and West Virginia Media 
Holdings and will provide relief both to these stations as well as 
others that may need expedited application processing.
    143. A number of stations proposed that we further streamline our 
procedures by adopting a one-step application process for certain 
stations. For example, MSTV/NAB propose that, where the proposed 
facilities conform to Appendix B, the Commission should not require a 
construction permit application but instead should only require an 
application for license. MSTV/NAB maintain that this proposal would 
streamline the current ``two-

[[Page 5666]]

step'' construction permit/license process and would minimize 
administrative burdens. Norwell Television LLC also proposes a ``one-
step'' licensing process for stations whose post-transition DTV 
facilities are identical (in channel, location, height, and power) to 
those specified in Appendix B. APTS proposes a similar measure. APTS 
suggests that, for stations whose signal does not reach beyond the 
service contour specified in Appendix B, the station should not be 
required to file a modification application even if its facilities do 
not precisely match those in Appendix B. APTS states that this 
procedure would permit the Commission to focus its efforts on the needs 
of stations changing channels and those that do not yet have 
construction permits or licenses, and would prevent stations from 
expending scarce resources to make unnecessary changes.
    144. Upon careful consideration, we find that the procedures 
suggested by MSTV/NAB, Norwell, and APTS pose more potential risk than 
might be warranted by the potential benefit. Under these suggested 
approaches, a station could make modifications to its final DTV 
facility and begin operating that facility without prior authorization 
from the Commission and then report the changes on its license 
application. We continue to believe that the best policy is for a 
station to first obtain approval of its modified facilities prior to 
initiating operation. Otherwise, a station could modify its facility, 
begin operating without prior approval, and cause harmful interference 
to existing broadcast stations, stations in other services such as 
mobile operations, and to medical devices. (Certain very minor changes 
to television facilities may be reported on a license application but 
none of the more complicated changes proposed by MSTV/NAB.) Although, 
as MSTV/NAB reminds us, Congress amended section 319 to provide the 
Commission with the discretion to allow for one-step licensing, we have 
exercised this discretion and allowed this procedure only in cases 
where the potential for interference was much smaller. For example, we 
permitted one-step licensing for FM stations that were proposing to 
reduce their power from a level previously authorized. Similarly, we 
permitted one-step licensing in the Instructional Television Fixed 
Service where the power levels involved were much lower and the 
potential for interference much smaller. We do not find such factors in 
this case. Furthermore, departing from our long-standing ``two-step'' 
process is not necessary in this case as it will not help to greatly 
expedite the final DTV transition. If a station completes its final DTV 
facilities pursuant to a previously-issued construction permit and 
finds that it needs to make last-minute changes, that station may avail 
itself of our expedited processing procedures and expect a quick 
evaluation of its application. We find that the procedures we adopt 
today will provide stations that need to make changes to their 
facilities more than enough time to complete their final DTV facilities 
even if last-minute corrective filings are necessary.
    145. In response to the comments of Broadcasting Company of 
Sarasota, we note that the Commission currently accepts electronically-
filed requests for STA through our CDBS database and will continue to 
do so. (Like other requests for STA, these requests must be filed 
electronically using the Informal Filings Menu of CDBS. As requests are 
submitted, CDBS will automatically generate public notice of these 
filings. For more information on Informal Filings in CDBS, please refer 
to this web page: http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.) Generally, the Commission has notified stations of 
action on their STA requests by mail; however, to speed the process as 
suggested by Broadcast Company of Sarasota, we may also contact 
stations by telephone or e-mail, with confirmation of Commission action 
via entries in the station's CDBS records.
    146. Finally, a number of commenters suggested that the Commission 
expedite application processing by approving applications where the 
proposed service contour does not exceed the contour predicted by the 
Appendix B facility by more than a certain amount.
2. Program Tests/License To Cover CP
    147. As we stated in the Third DTV Periodic Review NPRM, stations 
must not commence program tests on their post-transition channels until 
they are ready to begin post-transition operations under program test 
authority. Stations that want to conduct program tests on their post-
transition facilities must comply with the Commission's rules and 
coordinate with any affected stations prior to the time of testing. 
Each station is responsible for determining which other stations may be 
affected and coordinate accordingly. We expect that stations will work 
together cooperatively to facilitate testing. Upon completion of the 
construction of a television facility as authorized by a CP, a station 
may commence program tests upon notification to the Commission, 
provided that an application for a license to cover the CP for the 
post-transition facility, on FCC Form 302, is filed within 10 days, 
along with the appropriate fee. (Stations must comply with the terms of 
their CP as well as the technical provisions of the application, or 
rules and regulations, and the applicable engineering standards. We 
remind stations that will be using Channel 14 for post-transition 
operations that they must take special precautions to avoid 
interference to adjacent spectrum land mobile radio service facilities 
before commencing program testing. Where a TV station is authorized and 
operating prior to the authorization and operation of the land mobile 
facility, a Channel 14 station must attenuate its emissions within the 
frequency range 467 to 470 MHz if necessary to permit reasonable use of 
the adjacent frequencies by land mobile licensees. 47 CFR 73.687(e)(3). 
A licensee on channel 14 may not commence program test authority 
without specific Commission approval. See 47 CFR 73.687(e)(4)(ii) 
(stating that such licensees must submit evidence that there will be no 
interference to land mobile stations before the station will be 
permitted to transmit programming on the new facilities).)

E. Expanding Facilities

    148. We announce our intent to lift the freeze on the filing of 
maximization applications on August 17, 2008, the date by which we 
expect to have completed processing stations' applications to build 
their post-transition facilities. Until this date, we will maintain the 
freeze and will not accept maximization applications to expand 
facilities. We will, nevertheless, consider requests to waive the 
freeze before August 17, 2008 in certain specified situations to 
provide for minimally expanded facilities where necessary to ensure 
that stations can serve their existing television viewers with their 
post-transition facilities, thereby meeting viewers' over-the-air 
reception expectations after the transition date.
    149. During the channel election process, stations defined their 
post-transition facilities, deciding whether they would (1) replicate 
their allotted facilities, (2) maximize to their currently authorized 
facilities, or (3) reduce to a currently authorized smaller facility. 
Stations, however, were not allowed to seek facilities that would 
expand their coverage areas beyond that provided by their allotted 
facilities or authorized by a license, CP or STA. The filing freeze 
precluded such expansion to provide a stable database for developing 
the post-transition DTV Table.

[[Page 5667]]

    150. Maximization Applications. We adopt our tentative conclusion 
in the Third DTV Periodic Review NPRM to not accept maximization 
applications until we have processed all stations' post-transition 
applications, as authorized by the post-transition DTV Table. We find 
that we must first ensure that all stations can at least provide 
digital service to their analog viewers by the transition date before 
considering new maximization applications. Several commenters have 
urged us to lift the freeze immediately and express concern about 
investing in equipment without knowing if and when they can maximize. 
In addition, they say that retrofitting their equipment later to 
maximize could be prohibitively expensive, thereby potentially limiting 
service to the public, particularly by public stations if they cannot 
afford to maximize later. We find, however, that processing 
maximization applications at this time would slow the resolution of 
stations' applications to construct final DTV facilities. For example, 
such applications could be mutually exclusive, which would result in a 
delay of several weeks or months. This delay would prevent us from 
resolving applications needed for stations to build their post-
transition facilities. In addition, we find that allowing stations that 
are filing applications to construct post-transition facilities to 
propose expanded facilities would also be unfair to stations that have 
completed building their post-transition facilities and, therefore, are 
not filing applications now but might also want to expand their 
existing facilities. Therefore, before we consider maximization 
requests, which may cause interference to viewers accustomed to 
receiving service from particular stations, we conclude that we must 
first establish the initial DTV landscape and preserve existing service 
patterns to the extent possible.
    151. Filing Freeze Waiver Policy. We adopt a waiver policy, based 
on a proposal by MSTV/NAB (MSTV/NAB proposed that the Commission allow 
stations returning to their analog channels to use their current 
antenna pattern, provided the pattern does not exceed DTV Table 
Appendix B coverage by 5 miles or cause more than 2.0 percent 
interference to surrounding stations. MSTV proposed for stations to 
have 12 months after February 17, 2009 to comply with the 0.5 percent 
interference standard above DTV Table Appendix B levels.), that will 
permit rapid approval of minor expansion applications filed by stations 
that are not using their pre-transition DTV channel for post-transition 
operation, provided the station demonstrates that such expansion:
    (1) Would allow the station to use its analog antenna or a new 
antenna to avoid a significant reduction in post-transition service 
from its analog service area;
    (2) Would be no more than five miles larger in any direction than 
their authorized service area, as defined by the post-transition DTV 
Table Appendix B; and
    (3) Would not cause impermissible interference, i.e., more than 0.5 
percent new interference, to other stations.

Many commenters requested this relief, arguing that such relief was 
necessary to avoid a significant service loss to existing viewers. We 
agree with MSTV/NAB that we should generally permit stations to expand 
up to five miles in any direction beyond their authorized service area. 
While we generally will not permit more than 0.5 percent new 
interference, we will consider on a case-by-case basis allowing 
stations to cause additional new interference if stations can 
demonstrate that they need this additional flexibility to serve their 
analog viewers. Consistent with our existing rules, we will also 
consider on a case-by-case basis stations' negotiated interference 
agreements provided these agreements are consistent with the public 
interest.
    152. We find that this waiver policy will allow added flexibility 
for stations that wish to use their existing analog channel antenna, 
which provides benefits for the successful completion of the transition 
by reducing the demands on equipment suppliers and installation crews 
during a critical time as the transition date nears. This waiver policy 
addresses the concerns of those stations returning to their analog 
channel that may face significantly reduced facilities if some minimal 
expansion is not permitted. For example, Tribune and Allbritton argue 
that many stations returning to their analog channels for post-
transition operation plan to use their analog antennas but face the 
prospect of significant service losses because the ``unbuildable, 
theoretical pattern'' in Appendix B does not match the analog antenna 
pattern. As previously discussed, several stations that faced this 
problem filed comments in our DTV Table proceeding. In the Seventh 
Report and Order, we permitted these stations to change their 2004 
certifications and, thus, revised these stations' post-transition DTV 
Table Appendix B facilities to reflect their constructed final DTV 
facilities. Many more stations have since filed petitions for 
reconsideration of the Seventh Report and Order to obtain this same 
relief. We expect that we can provide the same relief to most of these 
stations as well. For those stations that cannot be fully accommodated 
with a change to their post-transition DTV Table Appendix B facilities 
(e.g., stations that failed to request reconsideration of their post-
transition DTV Table Appendix B facilities), we expect that this waiver 
policy should address their situations. In addition, this waiver policy 
should address many of the other concerns raised by commenters in 
seeking exemption from the freeze. Applications filed to maximize 
facilities pursuant to this waiver policy will not receive expedited 
processing, but these applications will be processed before the freeze 
is lifted and new maximization applications are accepted.
    153. Filing Freeze to be Lifted August 17, 2008. We adopt the 
proposal of MSTV/NAB and others to set a date certain that is before 
the end of the transition for when we will lift the filing freeze and 
begin accepting stations' applications to maximize post-transition 
facilities and serve more viewers. Accordingly, we establish August 17, 
2008 as that date. (We recognize that we cannot predict with absolute 
certainty the date by which we will complete processing stations' 
initial applications to build facilities authorized by the post-
transition DTV Table. While we believe this date represents a 
reasonable estimate concerning the time it should take us to process 
all the applications to permit stations to construct their final 
facilities, we may adjust this date, earlier or later, as we get closer 
to completing the processing of these applications. The Media Bureau 
will announce the exact date the freeze will be lifted and the 
associated terms and filing procedures.) By this date, we expect to 
have completed processing all stations' applications for post 
transition facilities and, therefore find that we could then provide 
this opportunity for stations to expand their facilities and serve more 
viewers, possibly before the transition date. We agree with MSTV/NAB 
that establishing a date certain for lifting the freeze will assist 
stations in their post-transition plans. It is clear from the comments 
that many stations are eager to expand their facilities (beyond those 
specified in the post-transition DTV Table Appendix B) to serve more 
viewers. Stations' new channel assignments present them with new 
opportunities to offer expanded DTV coverage, either because the 
stations may be moving to a new channel that does not have the same 
interference restrictions or because

[[Page 5668]]

other stations on adjacent channels may be moving away, thus 
eliminating prior interference conflicts. We expect that lifting the 
freeze six months before the transition date will enable many stations 
to conserve resources by purchasing equipment that anticipates the 
maximization of their facilities. Nevertheless, we will not accept 
future maximization as an excuse from stations not to file applications 
now nor to delay construction of their full, authorized facilities by 
their construction deadline. No commenter objected to the proposals to 
set a date to lift the freeze prior to the end of the transition.
    154. Processing of Maximization Applications. Maximization 
applications will be processed in accordance with our existing rules. 
(We remind stations that applications for maximization filed before the 
freeze is lifted will not be accepted for filing.) While we will accept 
maximization applications after the freeze is lifted, such applications 
may not be processed in time for stations to build these new maximized 
facilities by their construction deadline. Stations with a pending 
maximization application on file are warned that such filing will not 
be considered a legitimate excuse for failing to build their full, 
authorized post-transition (DTV Table Appendix B) facilities by their 
construction deadline.

F. Post-Transition Interference Standards and Analysis Methodology

    155. We are generally adopting the interference standards as 
proposed in the Third DTV Periodic Review NPRM, with adjustments based 
on the record. In brief, we adopt the following standards for 
evaluating post-transition interference:
     We will permit stations a limit of 0.5 percent new 
interference in addition to that in the DTV Table Appendix B. We will 
evaluate stations' applications to construct post-transition facilities 
using an engineering criteria based requirement (limiting the predicted 
interference that a station may cause to a protected station's service 
population) instead of using a geographic spacing requirement.
     We will discontinue the 10 percent cap on total 
interference.
     We will continue to evaluate requests for new DTV 
allotments using the DTV-to-DTV geographic spacing requirements 
contained in section 73.623(d).
     For approximately a year after lifting the filing freeze, 
we will protect all stations' DTV Table Appendix B facilities, after 
which we will protect each station's new DTV Table Appendix B 
facilities' coverage only until the station has a CP or license for its 
post-transition operation, at which time we will limit its interference 
protection to its authorized coverage area.
     We will revise the OET 69 interference analysis 
methodology to make the results more accurate and ensure consistent 
methodology. Specifically, we adopt the use of 2000 census data for use 
in all applications and we adopt a limited set of cell sizes, which 
include 2 km, 1 km, and 0.5 km.
     We will eliminate the 1 dB power reduction requirement for 
UHF stations that use more than 1 degree of antenna beamtilt.
    156. Interference Criteria for Applications. Commenters generally 
agreed with our proposal to use engineering criteria instead of 
geographic spacing for cases involving applications; however there was 
widespread difference of opinion over how strict the criteria should 
be. In the Third DTV Periodic Review NPRM, we proposed an absolute 0.5 
percent interference standard for requests to modify post-transition 
facilities. In the proposal, stations whose Appendix B allotments are 
already predicted to cause more than 0.5 percent interference to 
another station would not be allowed to expand beyond the amount of 
interference that would be caused by their allotment.
    157. A study by du Triel, Lundin & Rackley, Inc (dLR) found that 50 
percent of all VHF allotments already cause more than 0.5 percent 
interference and 40 percent of all VHF allotments already cause more 
than 1.0 percent interference, so that an absolute 0.5 percent limit 
would prevent many stations from expanding at all. MSTV/NAB noted that 
a number of commenters argue that the FCC should apply the proposed 0.5 
percent standard by using the DTV Table Appendix B facilities as a 
baseline so that stations would be permitted to create no more than 0.5 
percent additional interference beyond the level authorized in the DTV 
Table Appendix B. MSTV/NAB support this approach on the grounds that it 
will ensure that stations have sufficient flexibility to expand or 
modify facilities, but will prevent substantial increases in 
interference between stations. Several other commenters wrote that the 
proposed 0.5 percent interference standard may be too strict and 
proposed alternate standards. Upper Cumberland Broadcast Council (UCBC) 
would permit up to 2 percent interference. Multicultural Television 
Broadcasting (MTB) supports a limit of 1 percent with no rounding and 
the masking of other stations taken into account and asks that we 
permit minor modifications where the increase in existing interference 
is less than or equal to 0.1 percent. Khanna & Guill Inc. proposed an 
alternative that would limit interference to small service areas to no 
more than 1,000 people and to large service areas to no more than 
50,000 people.
    158. For purposes of the channel election process, the Commission 
generally applied the 0.1 percent interference standard to minimize as 
much as possible any interference as a result of a station moving to 
its analog channel for post-transition operation, rather than remaining 
on its pre-transition digital channel for post-transition service. For 
stations that had to change channels for post-transition operation, 
e.g., because their digital channel was out-of-core, we allowed up to 
2.0 percent interference. We conclude that after the transition, the 
stringent 0.1 percent standard for interference protection used to 
facilitate the development of the post-transition DTV Table will no 
longer be needed. In the post-transition environment, all stations will 
have channels that will allow them to adequately serve their viewers. 
We also find that it is now reasonable and desirable to afford stations 
opportunities to modify their service areas to improve service to 
viewers. We further recognize that in order to provide such 
opportunities, stations will need the flexibility to cause a small 
amount of new interference to neighboring stations. The interference 
standard we proposed and are adopting in this Report and Order will 
allow stations to request modifications to improve their service areas 
that would cause a small amount of new interference to other stations. 
We find that the benefits of improving station service in such cases 
will outweigh the very small amount of additional interference that 
will be permitted under the 0.5 percent standard.
    159. In addition, we agree with the majority of commenters that new 
interference under the 0.5 percent standard should be evaluated using 
the DTV Table Appendix B allotments as a baseline in interference 
calculations. In contrast, as indicated by the dLR study, an absolute 
interference limit would preclude many stations from having the 
flexibility to modify their facilities. Even increasing the absolute 
interference limit to 1.0 percent as suggested by UCBC would still 
preclude 40 percent of VHF stations from having such flexibility, and 
using a higher interference limit would potentially subject stations to 
large amounts of new interference. Therefore, to provide an opportunity 
for at least modest modifications, we will allow stations to

[[Page 5669]]

cause up to 0.5 percent new interference, in addition to interference 
reflected in the DTV Table Appendix B. Applying 0.5 percent to this 
baseline of existing interference will provide the flexibility and 
expansion sought by commenters that suggested allowing higher 
interference levels. It would also effectively control the amount of 
new interference that could be experienced by any one station. We find 
this approach provides a reasonable balance between having sufficient 
flexibility to expand and modify facilities while preventing 
substantial disruption for viewers due to interference between 
stations. We therefore adopt the 0.5 percent interference standard and 
will apply it using the DTV Table Appendix B facilities as a baseline. 
(We will neither amend nor replace the existing interference rules in 
47 CFR 73.623, which will remain in effect to apply to any applications 
for pre-transition digital facilities. Petitions for rule making and 
applications for facilities that will operate after the end of the DTV 
transition must comply with section 73.616, with respect to post-
transition operations, as well as with section 73.623, to the extent 
they will be in operation prior to the transition. We will consider 
whether to amend or eliminate the rule sections pertaining only to pre-
transition digital facilities in a later proceeding.)
    160. We also proposed to discontinue the 10 percent cap on total 
interference to a station from all sources, and instead proposed to 
limit the total interference any station would receive from all sources 
by requiring that stations already predicted to cause more than 0.5 
percent interference to another station would not be allowed to 
increase the interference they are authorized to cause to that station. 
MTB concurs with this proposal. MSTV/NAB also submits that removing the 
cap would contribute to making the interference standard ``simpler to 
administer than the 2 percent/10 percent rule (which requires 
consideration of the total amount of interference a station is 
receiving from all sources).'' Since we are adopting the 0.5 percent 
interference standard, which is significantly more protection than the 
previous 2.0 percent standard, we find that the amount of new 
interference that will be accumulated by any one station is minimal. 
Removing the cap would also help those few stations in situations that 
exceed the 10 percent interference level share the flexibility to 
expand or modify their facilities. Therefore, as proposed, we will 
discontinue the 10 percent cap on total interference.
    161. Interference Criteria for New Allotments. As proposed, we will 
use geographic spacing requirements as the standards for determining 
the technical acceptability of channel use in evaluating rulemaking 
petitions seeking new DTV channel allotments. While MSTV/NAB outlined 
in their comments that changes to the table should be analyzed under 
the 0.5 percent interference standard, as we said in the Third DTV 
Periodic Review NPRM, information about actual transmitter site 
locations and facilities are generally not available in rulemaking 
proceedings. Without such information, valuations based on minimum 
acceptable allotment facilities and the methodology for the analysis of 
a petition using an engineering criteria standard would not reflect the 
operation of an actual station and therefore would generally not be 
meaningful. For these reasons we will continue to use the DTV-to-DTV 
geographic separation requirements contained in section 73.623(d) of 
the rules. After a new DTV allotment has been approved, we will 
regulate the extent of interference by requiring applications for these 
DTV allotments to comply with the same engineering criteria standards 
we are proposing for all other DTV applications. (A new station would 
be allowed to create no more than 0.5 percent new interference to any 
station beyond the level of interference authorized by the allotment.)
    162. Protection of DTV Table Appendix B facilities. As proposed in 
the Third DTV Periodic Review NPRM, we will only protect stations' DTV 
Table Appendix B facilities until stations have their CP or license for 
their post-transition facility, at which time we will limit 
interference protection to stations' authorized coverage area. (DTV 
Table Appendix B has been used to provide all stations with post-
transition facilities. When a station applies for a CP to build the 
post-transition facility authorized by Appendix B, or applies for its 
license to cover the authorized post-transition facility it has already 
built, then it will no longer be necessary or appropriate to protect 
the Appendix B facility. As noted above , for many stations, DTV Table 
Appendix B represents the hypothetical facility that produces its 
certified service area. When a station applies for the construction 
permit to build its facility, it may need to vary the parameters listed 
on Appendix B to construct the actual facility, for example to reflect 
an achievable directional antenna pattern or to locate the antenna at a 
height on the tower where mounting is possible. In addition, in some 
cases, we will allow stations to expand their facilities beyond 
Appendix B. Thus, over time, many stations' facilities will no longer 
match the DTV Table Appendix B facility.) However, to avoid penalizing 
stations that apply for reduced facilities so as to not violate the 
freeze, we will continue to protect the DTV Table Appendix B facilities 
of stations until roughly one year after the date we intend to lift the 
filing freeze. (The Media Bureau will issue a public notice 
establishing the exact date, which may be earlier if appropriate.) We 
received very few comments directly on this point, but MSTV/NAB 
mentioned that it is appropriate for the Commission to give stations 
one year to complete their final facilities, and that during that year 
we should provide protection to stations' allotted facilities. New 
allotments as discussed in the previous paragraph will only be 
protected until a CP is granted for the new station. When applying the 
0.5 percent new interference standard described above, we will continue 
to rely on the applicant's Appendix B or new allotment facility as a 
baseline for determining how much new interference the station may 
cause and avoiding cumulative applications of the 0.5 percent standard. 
When determining the amount of interference an applicant causes to 
other stations, we will use the protected stations' service areas based 
on their construction permits, licenses or new allotments as described 
in this paragraph.
    163. Changes to Interference Analysis Methodology. We will adopt 
changes to our DTV interference analysis methodology to make the 
results more accurate and ensure consistent methodology. In the Third 
DTV Periodic Review NPRM, we proposed to evaluate compliance with the 
interference standard using the Office of Engineering and Technology's 
OET Bulletin No. 69 (``OET 69'') methodology, but using 2000 census 
data as was done during the channel election process. We sought comment 
on whether other changes to the OET 69 methodology were necessary. As 
an example, we proposed allowing the use of specific ``cell'' sizes 
smaller than the 2 kilometers per side cell size specified as the 
default in OET 69. We also sought comment on a proposal to use variable 
desired-to-undesired (``D/U'') interference ratios to better analyze 
situations where adjacent-channel transmitters are to be located inside 
a desired station's noise-limited service contour. Commenters also 
raised questions about the use of real vertical antenna patterns and 
beamtilting.
    164. As proposed, we adopt the use of 2000 census data for use in 
all

[[Page 5670]]

applications. Few commented on the issue, but those commenters that did 
were supportive of the proposal. This will result in more accurate 
modeling of the current population covered by DTV stations.
    165. We also adopt use of specific smaller cell sizes for the 
Longley-Rice analysis as described in OET 69. Commenters were divided 
on the issue of the use of smaller cell sizes. As we explained in the 
Third DTV Periodic Review NPRM, we have generally allowed applicants to 
specify analysis based on cells that are smaller because such analysis 
is arguably more accurate. We understood that some applications had 
been based on evaluating many possible smaller cell sizes until the 
desired result was obtained. Such ``shopping'' for advantageous cell 
sizes does not improve the accuracy of the evaluation. (For example, if 
an application would fail based on 1.0 km cells but passes based on 1.5 
km cells, the applicant would request evaluation based on the 1.5 km 
cell size.) dLR, for example, would permit the use of any cell size. 
Others, like MSTV/NAB and Khanna, would allow the use of some smaller 
cell sizes, but establish constraints as to what sizes are allowed. 
Khanna proposed a uniform use of 1 kilometer per side cells, which 
would avoid disputes over differing methodology. Establishing a minimum 
cell size of 1 kilometer per side, according to MSTV/NAB, would 
``discourage shopping for advantageous cell sizes.'' While we recognize 
the concerns about shopping for advantageous cell size, we also would 
prefer to preserve the option to use alternative cell sizes that has 
been available over the course of the DTV transition. In this regard, 
our experience is that this option has generally not been abused. We 
do, however, find that it would simplify the process to specify a 
limited set of cell sizes; this would seem to better limit any size 
``shopping'' that might occur. Therefore, we adopt a limited set of 
cell sizes: 2 km, 1 km, and 0.5 km. Adopting this method will allow for 
more accurate showings of DTV coverage based on smaller cell sizes, 
while discouraging the practice of ``shopping'' for cell sizes, which 
doesn't contribute to improved accuracy.
    166. Vertical Patterns. We will retain the existing OET 69 vertical 
antenna pattern and not make changes in the vertical patterns at this 
time. Vertical antenna radiation patterns are descriptions of antenna 
gain at various angles above and below the horizon. Several commenters 
asked us to modify the way in which vertical antenna patterns are 
considered. Currently, OET 69 specifies a standard vertical antenna 
pattern that is used for each station, regardless of the actual 
characteristics of the station's antenna. Some commenters noted that 
allowing the use of actual vertical patterns would result in more 
accurate modeling of station coverage, and possibly more efficient use 
of the TV spectrum. Meredith Corporation notes that stations are 
required to submit vertical pattern information when applying for a CP, 
but that the data is not used when calculating the service area of the 
application. AFCCE recommends that actual vertical patterns and 
beamtilt be considered for modifications and new authorizations when 
calculating outgoing interference. Changing the interference analysis 
at this time would demand time and resources when we must process and 
grant a large number of applications as quickly as possible. Therefore, 
we will continue to rely on the existing OET 69 standard vertical 
antenna pattern for applications filed now for post-transition 
facilities. We expect, however, to revisit this issue in the future.
    167. Beamtilting Penalty. We are eliminating the 1 dB power 
reduction requirement for UHF stations that use more than 1 degree of 
antenna beamtilt. This rule was introduced in February 1998, when we 
initially limited maximization requests by UHF stations to 200 kW ERP. 
The rule allowed UHF stations to increase power up to a maximum of 1000 
kW provided beamtilting techniques were employed so that the field 
strengths at the outer edge of the stations service area were no 
greater than would exist if the station were operating at its assigned 
DTV power. The rule also required that the field strengths at the edge 
of the service area be calculated assuming 1 dB of additional antenna 
gain over the pattern specified by the manufacturer. Later that year, 
we ruled that all UHF stations could request an increase in power up to 
1000 kW ERP provided they met the de minimis rules in section 
73.623(c)(2) of the rules, and did not require beamtilting be employed. 
AFCCE suggested that the 1 dB penalty be rescinded to permit stations 
to employ large beamtilts and higher ERPs. Tribune states that ``once 
the 200 kW power cap was effectively eliminated * * * there was no need 
for the 1 dB penalty to discourage stations from using the beamtilting 
exception to evade the 200 kW power cap.'' We agree and find that the 
rules under 73.622(f)(4) are outdated and should be amended. We note 
that stations may use section 73.622(f)(8) to increase their power 
above 200 kW. Sections 73.625(b)(2) and 73.625(c)(1) address how 
beamtilting can be used. Through the use of these rules, the effect of 
73.622(f)(4) can be accomplished without the 1 dB penalty. We will, 
therefore, amend section 73.622(f)(4).
    168. Variable D/U Ratios. In the Third DTV Periodic Review NPRM, we 
sought comment on whether to adopt variable desired-to-undesired (D/U) 
interference ratios in situations where adjacent-channel transmitters 
are proposed to be located inside a desired station's noise-limited 
service contour. MSTV/NAB submitted that consideration of this issue 
would be best addressed in our DTS proceeding. We find that the 
comments submitted in this record do not provide an adequate basis on 
which to make a decision to retain the current D/U ratios or to change 
them. We can address this topic in a future proceeding if parties 
submit data and arguments demonstrating a need for revising our current 
rules.
    169. Channel 51. In ex parte comments, Cohen, Dippell and Everist, 
P.C. request the Commission to clarify the extent to which any Wireless 
Communications Services (``WCS'') that will operate in the spectrum 
currently designated as TV/DTV Channel 52 will offer interference 
protection to future DTV services offered on Channel 51. (The 
commenters cited to 47 CFR 27.60 as the basis for their comment. This 
rule states that ``transmitters in the 698-794 MHz and 776-794 MHz 
frequency bands must be operated only in accordance with the rules in 
this section to reduce the potential for interference to the public 
reception of the signals of existing TV and DTV broadcast stations 
transmitting on TV channels 51 through 68.'' They point out that the 
``existing'' language implies, or might lead any future WCS auction 
winner to expect, that a WCS would not have to protect any future 
channel 51 station that was not ``existing'' as of the date of the DTV 
transition. We note that Section 27.60 applies to transitional 
operations, prior to the completion of the digital transition on 
February 18, 2009. There will be no such television broadcast stations 
operational on Channels 52 through 68 after the transition.) In the 
Second DTV Periodic Report and Order we stated that wireless and other 
operators on channel 52 must provide the interference protection 
prescribed in the Lower 700 MHz Report and Order to all broadcasters on 
channel 51, including any that may commence operation after the auction 
of adjacent channels in the 52-58 band, and we further stated that use 
of channel 51 for broadcast purposes should not be

[[Page 5671]]

restricted in order to protect operations on channel 52, even if those 
operations predate the commencement of operations on channel 51. We 
reiterate and emphasize that this policy has not changed, and we will 
ensure that expanded operations by current channel 51 licensees and new 
channel 51 allotments will remain protected.

G. Coordination With Cable Operators, Satellite Systems, and Other MVPD 
Providers

    170. We establish no new rules governing the coordination of 
broadcasters and MVPDs, but remind all parties of their existing 
obligations, and observe that some coordination issues must be resolved 
in other dockets. As we recognized in the Third DTV Periodic Review 
NPRM, the transition to digital television necessarily involves 
coordination with Multichannel Video Programming Distributors 
(``MVPDs''). No commenter disagreed, and indeed few commenters spoke to 
these coordination issues. Those who did generally assured the 
Commission that both coordination and the actual transition to digital 
signal reception are underway. Therefore, as a general matter, Cox 
Broadcasting's suggestion that the parties will coordinate 
independently is well taken. There remain, however, a few coordination 
issues that we need to specifically address.
1. Transition Status Filings
    171. As discussed above, we adopt the requirement that broadcasters 
file a Transition Status Report (Form 387) with the Commission no later 
than February 18, 2008, and we will make the information from those 
forms publicly available. Broadcasters may also report their 
coordination efforts with MVPDs in their transition status reports. 
This information collection and availability is in line with that 
supported by a number of commenters, including NCTA. NCTA argues that a 
wide range of information must be available to ``provide adequate lead 
time for cable operators to make technical modifications at cable 
headends, conduct tests, and provide timely notice to customers of 
channel changes and any other changes in their service.'' These reports 
will provide a base of common information that broadcasters and MVPDs 
can look to in their voluntary coordination efforts, and will allow 
time for the resolution of those efforts. Reports filed with the 
Commission are, however, no substitute for direct communication between 
broadcasters and MVPDs and we strongly encourage active coordination 
between them.
    172. Although NAB and MSTV propose that MVPDs themselves file 
Transition Status Reports similar to Form 387, they do not elaborate on 
this proposal. We find insufficient support in the record for imposing 
this filing because it would provide information that is already 
generally available. NAB and MSTV also propose that MVPDs be required 
to register their headends and contact information, such that it will 
be available to broadcasters who wish to coordinate carriage issues. As 
noted above, we strongly support active coordination between the 
parties, and urge broadcasters to directly contact the MVPDs that carry 
their stations if they require specific information from MVPDs to 
ensure a successful transition. We also remind cable operators in 
particular of their existing requirement to notify all stations carried 
pursuant to must carry at least 60 days prior to any change in the 
designation of their principal headend. Furthermore, contact 
information for cable operators is already widely and publicly 
available through the FCC Cable Operations and Licensing System 
(``COALS''). Broadcasters can access this information online at any 
time. (COALS is a publicly accessible online database that contains 
extensive information about cable operators. Cable operators are 
required to maintain updated contact information with the Commission. 
See 47 CFR 76.1610. This information can be found online at: http://www.fcc.gov/coals. Contact information for a group of operators can be 
most easily accessed by selecting ``Cable Search'' from the bar on the 
left, choosing the relevant state from the ``Community State'' drop 
down box, and choosing ``Community Registration'' from the ``Type of 
Filing'' drop down box. The search can be narrowed by entering 
additional information, such as the name of the community in which the 
cable system is located or the name of the cable system.) We are 
unaware of any problem broadcasters have had in contacting MVPDs, and 
NAB and MSTV do not provide any such examples. Therefore, we decline to 
adopt an MVPD transition status report requirement at this time. We do 
urge broadcasters and MVPDs to report to the Media Bureau any specific 
difficulties with their coordination efforts, and we will take 
appropriate action against any party that consistently declines to 
actively coordinate on transition issues.
2. Cable Coordination
a. Timing of Transition
    173. The Commission's primary concern in this process is to ensure 
that the entire viewing public, those who watch broadcast stations on 
cable as well as those who watch them over the air, is able to view 
these signals as easily on February 18, 2009 as they can today. We 
remind cable operators that they have an obligation to carry digital 
must-carry signals, and to have reception equipment operational to 
receive those digital signals that go on the air on February 18, 2009. 
Furthermore, we remind them of their carriage obligations regarding 
digital-only stations established in the First DTV Must Carry Order. 
Stations that currently broadcast only a digital signal or that turn 
off their analog signal prior to February 17, 2009, in accordance with 
the policies and procedures adopted in this Report and Order are 
entitled to mandatory carriage on cable systems. Similarly, we remind 
broadcasters that they are obliged to provide the cable operator with a 
good quality signal and, if they choose not to rely on over the air 
transmission, it is their obligation to contact the operator and 
resolve any issues necessary to provide the signal in an alternative 
manner. (The signal may be provided in any manner chosen by the 
broadcaster, so long as its cost is borne by the broadcaster.)
b. Signal Quality Standard
    174. The Commission has previously established that, for cable 
companies, a ``good quality digital signal'' is one that provides a 
signal strength at the headend equal to -61 dBm. For purposes of 
clarity, we find that it is now advisable to adjust section 76.55 of 
our rules to conform to these requirements established in 2001. Two 
broadcast commenters expressed concerns that stations could lose 
carriage rights for a full election cycle because of a temporary 
reduction in signal strength or area during their digital build-out. 
UNC proposes that the Commission impose an interim quality standard, 
presumably requiring lower signal strength to qualify. Norwell suggests 
that, where the predicted digital signal strength is at least as high 
as the analog signal it is replacing, the MVPD be required to carry the 
digital signal. We decline to adopt these proposals. When the 
Commission adopted the -61 dBm standard for cable carriage, analysis 
indicated that it was the strength ``necessary to provide a good 
quality digital television signal at a cable system's principal 
headend.''

[[Page 5672]]

Neither commenter provided evidence to refute that finding. If a 
broadcast signal is not delivered in good quality, it can not be 
carried in good quality, and carriage of a low quality signal mars the 
viewing experience, which in turn discourages viewership, and is thus 
harmful to the broadcaster by reducing advertising revenue. It may also 
be harmful to the MVPD by undermining subscribers' perception of the 
quality of the programming offered by the operator and by increasing 
complaint calls and the likelihood that a customer will seek 
alternatives to their current MVPD. Broadcasters, MVPDs, and viewers, 
therefore, all benefit from delivery and carriage of clear, high 
quality signals. We also acknowledge the concerns of these 
broadcasters, and remind MVPDs that they are responsible for carriage 
as soon as a good quality signal is delivered.
3. DBS Coordination
    175. We reiterate that MVPDs must work with broadcasters to ensure 
a smooth transition, and direct the parties to the DBS Carriage 
proceeding, MB Docket No. 00-96, where the final rules governing 
satellite carriage of digital broadcast signals will be adopted. 
(Although signal strength requirements for the delivery of digital 
signals to satellite receive facilities have not been finalized, we 
remind DBS providers of their obligation to carry local broadcast 
stations that provide a ``good quality signal.'' See 47 CFR 76.66(g).) 
Both DIRECTV and EchoStar filed comments regarding the timing of the 
transition. DIRECTV states that it is already carrying a number of 
stations' digital signals, and offers to work with any broadcaster that 
is currently providing and will continue to provide a good quality 
digital signal to its local receive facility, even if that station is 
not currently being carried by DIRECTV. We note that 95 percent of 
stations are currently on the air with a digital signal. Nevertheless, 
a number of stations may not provide their post-transition digital 
signal to headends and receive facilities until the conclusion of the 
transition. We remind broadcasters of their obligation to provide a 
good quality signal, and therefore their obligation to coordinate the 
delivery of that signal, for example by coordinating with DBS and other 
MVPD operators during program test periods prior to February 17, 2009. 
EchoStar proposes that, for any station that does not make its digital 
signal available prior to February, 2009, MVPDs be given additional 
time to incorporate that signal into their system. We decline to adopt 
EchoStar's proposal.
4. Private Cable Operators and Master Antenna System Providers
    176. In the Third DTV Periodic Review NPRM, we asked for comments 
from private cable operators (``PCOs'') (also known as Satellite Master 
Antenna Television or ``SMATV'' providers) and master antenna system 
providers regarding steps they are taking to ensure that their 
subscribers and residents will continue to receive local broadcast 
stations after the termination of over-the-air analog broadcast signals 
from full power stations. We received comments from the Independent 
Multi-Family Communications Council (IMCC), the PCO trade association, 
and agree with IMCC that it may be necessary for these operators to 
update their systems prior to the 2009 transition date. We support 
IMCC's proposed efforts to educate PCOs nationwide, and appreciate 
their efforts to keep their membership fully informed on this important 
issue. We note that viewers who rely on PCOs or master antenna systems 
will also need to be informed of the equipment they will need to 
continue viewing broadcast television after February 17, 2009.
    177. PCOs provide cable service on private property, and do not 
cross public rights of way. Typically they serve multiple dwelling 
units (``MDUs'') and private residential communities, such as 
condominiums and homeowner associations. PCOs generally provide local 
TV broadcast signals to the residents/subscribers via one of four 
methods. The first alternative is to contract with a DBS provider that 
is providing local-into-local service, set up a DBS dish in a central 
location (e.g., the roof), and then remodulate the digital satellite 
signal into analog for distribution to residents/subscribers. The 
second alternative is for PCOs to set up satellite receivers for each 
local broadcaster, with an analog RF modulator for each program, and 
then combine the modulator outputs into a single cable for residents/
subscribers. The third alternative is to provide a local digital 
broadcast package to residents/subscribers via a digital headend signal 
processor. Finally, the PCO can set up one or more over-the-air receive 
antennas and either simply pass the signal along to residents/
subscribers or, more commonly, run it through an analog processor to 
provide a constant signal strength for residents/subscribers. Operators 
of master antenna systems (e.g., a landlord or condo association) 
provide one or more receive antennas and deliver local over-the-air 
television signals free of charge to residents, and generally also have 
an analog processor to ensure a constant signal strength.
    178. After the digital transition, PCOs who rely on the first or 
second alternatives will not need to make any changes. The satellite 
signal or signals will continue to be received in digital and can 
continue to be remodulated into analog for the residents/subscribers. 
If this alternative is used, however, there will be no digital signals, 
including high definition signals, available to the residents/
subscribers, although they will all continue to receive television 
service without buying new equipment. PCOs under option three are 
already relying on an all-digital headend and distribution network, and 
will face no changes after the transition because all equipment on the 
system, including residents/subscribers' television receivers, is 
already capable of receiving, conveying, and displaying digital 
signals. PCOs who rely on local receive antennas will have two options, 
the same as those confronting operators of master antenna systems. 
First, they could use a digital-to-analog converter on all over-the-air 
signals to convert the digital broadcast signal to analog before being 
retransmitted to residents/subscribers, who will therefore be able to 
continue to rely on their existing television equipment. This solution 
results in the same problem faced by DBS subscribers, however; all 
residents/subscribers will receive television programming, but none 
will receive a standard or high definition digital signal. The other 
alternative is to retransmit the signal in digital format. In this 
case, residents/subscribers have access to the full benefits of the 
digital transition, but only if they have digital equipment. We 
recognize that some residents/subscribers may think of themselves as 
``cable subscribers,'' and therefore expect that the DTV transition 
will have no impact on their service, based on the Commission's recent 
decision ensuring continued viewability of stations carried on cable. 
This problem can be largely ameliorated by proper education efforts by 
PCOs and MATV operators. In addition the OTA digital signal provided by 
PCOs will be processed, but not remodulated; therefore, off-the-shelf 
digital-to-analog converters, including those that will be available as 
part of the NTIA converter box coupon program, can be used by 
residents/subscribers with analog equipment to view the signal.

[[Page 5673]]

H. Other Issues

1. DTV Transmission Standard (ATSC A/53)
    179. We adopt our proposal in the Third DTV Periodic Review NPRM to 
update section 73.682(d) of the rules to reflect the latest revisions 
to the ATSC DTV transmission standard, A/53, since the Second DTV 
Periodic Report and Order. Accordingly, we will incorporate into 
section 73.682(d) by reference the latest version of the DTV 
transmission standard A/53: ATSC Digital Television Standard, Part 1-
6:2007 (``A/53:2007''). We will continue to encourage further 
improvements to the DTV standards and conduct additional rulemakings, 
as appropriate, to incorporate future updates of the ATSC DTV 
transmission standard into our rules.
    180. We find that it is desirable and appropriate to update section 
73.682(d) of the rules to specify the use of the latest version of this 
ATSC DTV transmission standard, A/53:2007. All commenters on this issue 
support the adoption of the latest version of the standard into our 
rules. The ATSC notes that it has made further changes to its DTV 
transmission standard since the release of the Third DTV Periodic 
Review NPRM. Specifically, ATSC partitioned the standard into six parts 
to facilitate future ``changes and enhancements'' and encourages the 
Commission to adopt the newest version into the rules. We note that the 
A/53:2007 version of the standard does not differ from the A/53-E 
version that was mentioned in the Third DTV Periodic Review NPRM, other 
than these organizational changes.
    181. The A/53:2007 version of the standard differs from the 
previously used standard, A/53-B, in several respects. First, A/53:2007 
includes the specifications for, but does not require, Enhanced 8-VSB 
(``E8-VSB'') for terrestrial broadcast. E8-VSB enables Enhanced 
Services, which allow broadcasters to allocate the base 19.39 Mbps data 
rate between Main Service data and Enhanced Services data. Enhanced 
Services data is designed to have higher immunity to certain channel 
impairments than Main Service data, but Enhanced Services data is 
delivered at a reduced information rate selected by the broadcaster 
from the specified options. A/53:2007 further describes the coding 
constraints that apply to the use of the MPEG-2 systems specification 
in the DTV system, including mandatory main and optional enhanced 
services. It also improves the Active Format Description (``AFD'') 
specifications by revising and clarifying the relevant standards.
    182. Given these advantages, we find that updating the rules with 
the latest version of the ATSC DTV transmission standard today will 
benefit both broadcasters and consumers by allowing broadcasters the 
flexibility to offer new technological services. We cannot, however, 
establish Harris' proposed streamlined approach to automatically update 
our rules when ATSC updates its standards.
2. Active Format Description (AFD)
    183. We will not require broadcasters to use AFD. Broadcasters that 
choose to use AFD, however, must adhere to the ATSC DTV transmission 
standard A/53:2007. Although the latest ATSC DTV transmission standard 
does not require the use of AFD, we sought comment in the Third DTV 
Periodic Review NPRM on whether to require AFD when the active video 
portion picture does not completely fill the coded picture. All 
commenters on this issue agree that AFD should remain voluntary.
    184. We agree with commenters that it would be premature to require 
mandatory broadcaster use of AFD, given that the standard is relatively 
new and has not yet been required through the ATSC standard. We do, 
however, encourage television manufacturers to implement the SMPTE 
standard and CEA-CEB16 into their TV sets, which will better allow 
broadcasters to take advantage of tools such as AFD to ensure that 
viewers receive a signal that is optimized for their TV set. We find 
that these voluntary, industry driven efforts are sufficient and, thus, 
will not require broadcasters to use AFD until such time that AFD data 
can be consistently deployed by manufacturers and content providers, 
and received by the public. For example, we recognize that not all 
content providers now uniformly provide AFD data to broadcasters. 
Moreover, not all consumers are equipped to obtain the benefits of AFD. 
We will monitor and may revisit it when more content providers provide 
AFD data to broadcasters and when more consumers obtain DTV receiving 
equipment that could pass through the AFD data to them. We expect that 
broadcasters will have an incentive to use AFD to make their 
programming attractive to viewers when they are ready and able to do 
so. We note that we will address the issue raised in comments 
concerning requirements that certain MVPDs pass through AFD data to 
their subscribers. This issue is raised in the Third Further Notice of 
Proposed Rule Making in the DTV Must Carry proceeding.
3. Program System and Information Protocol (``PSIP'') Standard
    185. We adopt our proposal in the Third DTV Periodic Review NPRM to 
update section 73.682(d) to reflect the latest revisions to the ATSC 
PSIP standard since the Second DTV Periodic Report and Order. 
Accordingly, we will incorporate into section 73.682(d) by reference 
the latest version of the ATSC PSIP standard A/65C into our rules. The 
record supports updating our rules to reflect the latest version of the 
ATSC PSIP standard, which includes additional benefits such as updated 
Event Information Tables (``EITs''). We find that the updated ATSC PSIP 
standard enhances consumers' viewing experience by providing detailed 
information about digital channels and programs, such as how to find a 
program's closed captions, multiple streams and V-chip information. We 
agree with the commenters that the benefits of the updated ATSC PSIP 
standard to both broadcasters and consumers outweighs any additional 
burden placed on broadcasters. (Notably, we received no comments to our 
inquiry about the potential burden that compliance with the updated 
PSIP standard would place on broadcasters, and in particular small 
broadcasters.) We recognize, however, that it may take time for 
broadcasters to implement the new ATSC PSIP standard. Therefore, in 
order to give broadcasters adequate time to come into compliance, this 
requirement will take effect 120 days after publication in the Federal 
Register.
    186. PSIP data is transmitted along with a station's DTV signal and 
provides DTV receivers with information about the station and what is 
being broadcast. PSIP data provides a method for DTV receivers to 
identify a DTV station and to determine how a receiver can tune to it. 
For any given station, the PSIP data transmitted along with the digital 
signal identifies both its DTV channel number and its analog channel 
number (referred to as the ``major'' channel number), thereby making it 
easy for viewers to tune to the station's DTV channel even if they only 
know the station's major channel number. In addition, PSIP data tells 
the receiver whether multiple program streams are being broadcast and, 
if so, how to find them. It also identifies whether the programs are 
closed captioned, conveys available V-chip information, and provides 
program information, among other things.
    187. The updated ATSC PSIP standard further enhances the PSIP 
standard and support for delivery of data. This latest revision 
requires

[[Page 5674]]

broadcasters to populate the EITs with accurate information about each 
event and to update the EIT if more accurate information becomes 
available. Under the previous version of the standard, A/65-B, many 
broadcasters provide only general information in the EIT. For example, 
a network affiliate may provide nothing more informative than ``network 
programming'' as the descriptor for the majority of its program 
offerings.
    188. We expect broadcasters to fully implement PSIP to the extent 
that ATSC A/65C requires, once the revised section 73.682(d) becomes 
effective. We remind broadcasters of the need to be consistent at all 
times and locations. For example, if a broadcaster transmits a program 
in standard definition, the PSIP information should state that the 
programming is being broadcast in standard definition, as opposed to 
High Definition. In addition, the Transport Stream Identifier 
(``TSID'') information should be consistent in the Terrestrial Virtual 
Channel Table (``TVCT''), Program Association Table (``PAT''). 
Moreover, when a program goes overtime, the station should update the 
EIT. Proper implementation of the standard requires broadcasters to 
populate the required tables and descriptors with the correct 
information to help receivers assemble functioning guides. Adoption of 
this standard also mandates completing tables and descriptors that 
require one time setup to be set correctly, including TSID, Short 
Channel Names, Service Type, Modulation Mode Source ID and Service 
Location Descriptor. Also, broadcasters must accurately fill the 
contents of the fields and the descriptors of each event descriptor 
loop with the known information about each event at the time the event 
is created and shall update each field if more accurate information 
becomes available. The Commission will continue to monitor these issues 
and act accordingly.
    189. Finally, a couple of comments noted, in response to our 
inquiry in the Third DTV Periodic Review NPRM, that PSIP information 
may not be passed through to cable and satellite subscribers. (Digital 
cable systems with activated channel capacity of 750 MHz or greater are 
required to include in-band PSIP when available from the provider. 47 
CFR 76.640(b)(1)(iv).) We will address such program-related PSIP issues 
in our DTV Must Carry proceeding.
    190. DTV Tuner Requirement. We take this opportunity to correct a 
ministerial error to our rules regarding the DTV Tuner requirements for 
television receivers and receiving devices. As noted above, the 
Commission required in the 2005 DTV Tuner Order that ``responsible 
parties equip television receivers with screens less than 13'' that are 
imported into this country or shipped in interstate commerce on and 
after March 1, 2007, with the capability to receive broadcast digital 
television signals'' because we concluded that ``it would benefit 
consumers and the purposes of the broadcast television service and its 
transition to digital operation to require that receivers with screens 
less than 13'' are able to receive digital signals on the same schedule 
as other TV receiver products.'' We adopted these requirements through 
the appropriate notice and comment procedures, and modified the 
relevant section of our rules to show March 1, 2007, as the accelerated 
deadline, but we inadvertently omitted to delete the exception created 
by section 15.117(i)(2) for ``units with integrated tuners/displays 
that have screen sizes measuring less than 7.8 inches vertically, i.e., 
the vertical measurement of a screen in the 4:3 aspect ratio that 
measures 13' [sic] diagonally across the picture viewing area.'' 
Accordingly, we shall correct section 15.117(i)(2) by striking the 
inappropriate language.
    191. V-Chip Requirements: We also take this opportunity to conform 
the V-Chip rule codified in the Code of Federal Regulations to the 
modification of that rule adopted in the Second DTV Periodic Report and 
Order. Section 15.120(b) of the Commission's rules requires that all TV 
broadcast receivers with picture screens 13 inches or larger in 
diameter comply with the V-Chip requirements. The codified rule 
provides:
    15.120 Program blocking technology requirements for television 
receivers.
    (b) Effective January 1, 2000, all TV broadcast receivers as 
defined in section 15.3(w) of this chapter, including personal computer 
systems meeting that definition, with picture screens 33 cm (13 in) or 
larger in diameter shipped in interstate commerce or manufactured in 
the United States shall comply with the provisions of paragraphs (c), 
(d), and (e) of this section.
    192. In 2004, the Second DTV Periodic Report and Order extended the 
V-Chip requirements to DTV tuners, which are sold without an associated 
display device, such as analog-to-digital converter boxes, DVD 
recorders, and other nondisplay devices with DTV tuners. In addition, 
the Second DTV Periodic Report and Order adopted measurement criteria 
associated with the 16:9 aspect ratio for devices that include a 
display. Specifically, the Second DTV Periodic Report and Order 
provided:

    Additionally, we are adopting our proposal to apply v-chip rules 
to digital television receivers with displays in the 16:9 aspect 
ratio that are 7.8 inches or greater in height. Furthermore, we are 
requiring that v-chip technology be included in all digital 
television receivers with integrated 4:3 displays measuring at least 
13 inches diagonally. Similar to our requirements for closed caption 
capabilities in digital television receivers, the rules will also be 
applicable to DTV tuners which are sold without an associated 
display device.

    193. The Commission, however, did not make the corresponding 
revisions to section 15.120(b) as codified in the CFR to reflect these 
changes. We now make this adjustment to the codified rule to reflect 
the revision adopted in 2004. We also correct the rule reference to 
``diameter,'' which should have been ``measured diagonally'' in the 
rules to conform with the description adopted in the V-Chip Order 
(Technical Requirements to Enable Blocking of Video Programming Based 
on Program Ratings, 63 FR 20131, April 23, 1998.)
    194. These changes are permitted because they simply conform the 
codified rule to the rule amendment adopted by the Commission in the 
Second DTV Periodic Report and Order after notice and comment. 
Therefore, we find ``good cause'' under section 553 of the APA for 
making this conforming change because additional notice and comment is 
unnecessary.
4. Fees for Ancillary and Supplementary Services
    195. We hereby revise section 73.624(g) to include permittees 
operating pursuant to an STA or any other FCC instrument authorizing 
DTV transmissions that earn revenue from feeable ancillary and 
supplementary services. As currently written, this rule refers to the 
payment of such fees only by ``DTV licensees.'' In the Third DTV 
Periodic Review NPRM, we sought comment on section 73.624(g) of the 
Commission's rules, which requires DTV licensees to report whether they 
have provided ancillary and supplementary services and, if so, pay a 
fee of five percent of gross revenues derived from certain of those 
services. We asked whether the Commission can and should revise its 
rules to require that all DTV broadcasters should be subject to the 
provisions of section 73.624(g). We did not receive any comments on 
this issue.
    196. The Telecommunications Act of 1996 (``1996 Act'') established 
the framework for licensing DTV spectrum

[[Page 5675]]

to existing broadcasters and authorized the Commission to permit 
broadcasters the opportunity to offer ancillary or supplementary 
services consistent with the public interest. The 1996 Act also 
required the Commission to establish a program to assess and collect 
fees for certain ancillary or supplementary services. In 1999, the 
Commission adopted rules implementing this provision. Section 73.624(g) 
of the Commission's rules requires all ``[c]ommercial and noncommercial 
DTV licensees'' to remit annually to the Commission a fee of five 
percent of the gross revenues derived from feeable ancillary or 
supplementary services. The Commission created FCC Form 317 to be filed 
annually by DTV licensees to report whether they have provided 
ancillary or supplementary services in the previous year and whether 
any of the services provided were subject to a fee. (If a licensee has 
provided feeable services during the 12 month period ending on 
September 30, the licensee is required to remit the fee for such 
services by December 1 of that year on FCC Form 159. 47 CFR 
73.624(g)(2)(ii).)
    197. The Commission has allowed some DTV stations to provide DTV 
service pursuant to an STA. Because the Commission's rules apply the 
fee requirement to ``licensees,'' however, stations operating pursuant 
to an STA have not been filing Form 317 or paying fees on any feeable 
services they might be providing.
    198. Section 336(e) of the Act uses the term ``licensees'' in 
directing the Commission to collect fees for ancillary or supplementary 
use of a frequency. However, neither the statute nor the legislative 
history suggest that the use of the term ``licensee'' was intended to 
create a limited identifiable class of DTV broadcasters that would be 
subject to the fee provisions of section 336(e). In addition, we note 
that a primary goal of the legislation is: ``(i) To recover for the 
public a portion of the value of the public spectrum resource made 
available for such commercial use, and (ii) to avoid unjust enrichment 
through the method employed to permit such uses of that resource.'' (We 
revise FCC Form 317, accordingly.) The statute is silent on the precise 
issue at hand, i.e., whether DTV broadcasters that are operating 
pursuant to STA or other FCC authorization should similarly be required 
to pay fees on revenues received in connection with feeable ancillary 
or supplementary services. However, we conclude that the current 
system, by excluding some broadcasters, limits the public's recovery 
and thus unfairly advantages those who fall outside the scope of the 
current rule. Accordingly, we will widen the class of broadcasters 
included in Section 73.624(g) to better carry out our obligation under 
Section 336(e) to ensure that the public recovers a portion of the 
value of the public spectrum resource made available for commercial use 
and avoid unjust enrichment of broadcasters that use that resource.
5. Station Identification
    199. We revise our rules regarding station identification 
requirements for digital stations in circumstances in which one of a 
station's multicast streams is being used to air programming provided 
by another broadcast station, such as a low power station, or another 
programming source. In these situations, we will not require that the 
source of the programming be identified by the station whose multicast 
stream is being used to carry the programming. (Thus, if Station WYYY-
DT is using one of its multicast streams to carry the programming of 
WXXX, WYYY-DT is not required to identify WXXX as the source of this 
programming. However, both WYYY and WXXX must otherwise comply with the 
station identification requirements in 47 CFR 73.1201 and must air 
station identification announcements for programming being transmitted 
by the station. Thus, for example, WXXX must air announcements with 
respect to its transmissions in its local market.) However, if the 
station whose multicast stream is being used to carry the programming 
chooses to identify the station that is the source of the programming, 
we will require that the following format be used:

    Station WYYY-DT, community of license (call sign and community 
of license of the station whose multicast stream is transmitting the 
programming), bringing you WXXX, community of license (call sign and 
community of license of the licensee providing the programming).

    200. We invited comment in the Third DTV Periodic Review NPRM on 
whether our current station identification rules for digital stations 
provide sufficient clarity to broadcasters and viewers. We specifically 
invited comment on whether the current rules provide for appropriate 
identification of multicast channels, particularly in circumstances in 
which one of a station's multicast streams is being used to air 
programming provided by another broadcast station, such as a low power 
station. While we received no comment on this issue, we find that it is 
appropriate to revise our rules to enable stations that are sharing 
their broadcast streams with other licensees to provide clear 
identification of both the programming source (the station providing 
the programming) and the station on whose multicast stream the 
programming is transmitted. (Station identification is required only 
for licensees and permittees. Other programming providers need not be 
identified except as required by the sponsorship identification rules. 
See 47 CFR 73.1212.) We are aware that stations are increasingly 
sharing spectrum with other licensees and the Media Bureau receives 
numerous informal requests for guidance regarding station 
identification requirements in these circumstances. We find that the 
approach we adopt today will provide for clear identification of 
stations in situations in which a multicast station carrying 
programming provided by another station chooses to identify that 
station as the source of the programming. As stations transition to 
digital format and provide multicast programming, thereby increasing 
the number of program streams potentially available to the public, 
clear identification of the station providing the programming viewers 
are watching becomes increasingly important, both for the viewers and 
for stations themselves.
    201. Background. In 2004, the Commission established rules 
generally requiring DTV stations to follow the same rules for station 
identification as analog stations. Specifically, digital stations are 
required to make station identification announcements, either visually 
or aurally, at the beginning and end of each time of operation as well 
as hourly. The identification must consist of the station's call 
letters followed by the community or communities specified in the 
station's license as the station's location. Stations may insert 
between the call letters and the station's community of license the 
station's frequency, channel number, name of the licensee, and/or the 
name of the network, at their discretion.
    202. A station choosing to include its channel number in its 
station identification must use the major (analog) channel number. 
(Thus, a broadcaster who operates an NTSC service on channel ``26'' and 
a DTV service on channel ``27'' would use the major channel ``26'' in 
station identification announcements.) The Commission adopted the ATSC 
A/65B standard and noted that PSIP, which is part of that standard, 
allows viewers to see a broadcaster's major channel number regardless 
of the broadcaster's allotted frequency for its digital broadcast 
channel. (This allows broadcasters to keep their existing channel 
number in the digital world,

[[Page 5676]]

thereby assisting viewers who have come to identify these numbers with 
particular broadcasters and preserving the investment broadcasters have 
made in marketing these numbers.) The Commission permitted stations 
choosing to multicast to include additional information in their 
station announcements identifying each of the station's program 
streams. (Thus, a station with major channel number 26 might have 
channel 26.0 (NTSC program stream), channel 26.1 (HDTV), and 26.2 
(SDTV). Stations may provide information in the station announcement 
identifying the network affiliation of the program service (e.g., 
``WXXX-DT, channel 26.1, YYY (community of license), your QQ network 
channel''). Stations simulcasting their analog programming on their 
digital channel are permitted to make station identification 
announcements simultaneously for both stations as long as the 
identification includes both call signs (e.g., ``WXXX-TV and WXXX-DT'') 
if it is intended to serve as the identification for both program 
streams. Stations simulcasting the analog stream on the digital channel 
may also do a shortened identification for both streams (e.g., ``WXXX-
TV/DT'').
    203. Discussion. We hereby revise our station identification rules 
for those stations that broadcast a multicast stream that airs 
programming provided by another broadcast station and that choose to 
identify the station that is the source of the programming. When a 
station chooses to make such identification, we will require that the 
following format be used: ``Station WYYY-DT, community of license (call 
sign and community of license of the station whose multicast stream is 
transmitting the programming), bringing you WXXX, community of license 
(call sign and community of license of the licensee providing the 
programming).'' The transmitting station may insert between its call 
letters and its community of license the following information: The 
frequency of the transmitting station, the channel number of the 
transmitting station, the name of the licensee of the transmitting 
station and the name of the licensee providing the programming, and/or 
the name of the network affiliation for either station. Where a 
multicast station is carrying the programming of another station and is 
identifying that station as the source of the programming, using the 
mandatory format described above, to avoid confusion the identification 
should not include the frequency or channel number of the program 
source.

VI. Final Regulatory Flexibility Analysis

    204. As required by the Regulatory Flexibility Act of 1980 (5 
U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq. has been amended by the 
Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 
104-121, Title II, 110 Stat. 847 (1996).), as amended (``RFA'') an 
Initial Regulatory Flexibility Analysis (``IRFA'') was included in the 
Notice of Proposed Rulemaking to this proceeding (``Third DTV Periodic 
Review NPRM''). The Commission sought written public comment on the 
proposals in the Third DTV Periodic Review NPRM, including comment on 
the IRFA. The Commission received no comments on the IRFA. This present 
Final Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    205. This Report and Order in the third periodic review of the 
Commission's rules and policies affecting the conversion of the 
nation's broadcast television system to digital television (``DTV'') 
resolves issues necessary to complete this transition from analog to 
DTV. The Commission conducts these periodic reviews in order to assess 
the progress of the DTV transition and make any necessary adjustments 
to the Commission's rules and policies to facilitate the introduction 
of DTV service and the recovery of spectrum at the end of the 
transition. In 2005, Congress mandated that, after February 17, 2009, 
full-power television broadcast stations must transmit only in digital 
signals, and may no longer transmit analog signals.
    206. With the DTV transition deadline less than 14 months away, our 
focus is now on overseeing broadcasters' construction of facilities 
that will reach viewers in their authorized service areas by the time 
they must cease broadcasting in analog. Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory 
responsibilities and can begin operations on their final, post-
transition (digital) channels upon expiration of the February 17, 2009 
transition deadline. The Commission wants to ensure that no consumers 
are left behind in the DTV transition. The Commission recognizes that 
the transition is a complex undertaking presenting many challenges to 
the broadcast industry, and that some disruption of television service 
may be unavoidable leading up to the analog turn-off. Therefore, the 
Commission adopts rules to offer broadcasters regulatory flexibility, 
while at the same time requiring broadcasters to maintain the best 
possible television service to the public and meet viewers' over-the-
air reception expectations after the transition date.
    207. The purpose of this Report and Order, generally, is to (1) 
provide a progress report on the transition; (2) describe the status 
and readiness of full-power television broadcast stations to complete 
their transition; (3) adopt procedures and rule changes necessary to 
ensure that broadcasters meet the statutory transition deadline and 
complete construction of their final, post-transition facilities while 
maintaining the best possible television service to their viewers; and 
(4) address other issues related to the transition. Stations face many 
challenges in order to be ready to make their transition by the 
February 17, 2009 statutory transition deadline. Stations must focus 
their full attention on constructing their final digital facilities 
before they must cease analog operations.
    208. The primary objective of this Report and Order is to ensure 
that, by the February 17, 2009 transition date, all full-power 
television broadcast stations (1) cease analog broadcasting and (2) 
complete construction of, and begin operations on, their final, DTV 
facility. In addition, the Report and Order offers broadcasters to the 
extent possible regulatory flexibility to meet these goals.
    209. Mandatory Termination of Analog Television Broadcasting. By 
statute, after the February 17, 2009 transition date, all full-power 
television broadcast stations must transmit only in digital signals, 
and may no longer transmit analog signals. (Congress established 
February 17, 2009 as the hard deadline for the end of analog 
transmissions by full-power television broadcast stations. 47 U.S.C. 
309(j)(14)(A). Congress has directed the Commission to ``take such 
actions as are necessary (1) to terminate all licenses for full-power 
television stations in the analog television service, and to require 
the cessation of broadcasting by full-power stations in the analog 
television service, by February 18, 2009; and (2) to require by 
February 18, 2009, * * * all broadcasting by full-power stations in the 
digital television service, occur only on channels between channels 2 
and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 
698 megahertz, inclusive).'') This statutory mandate affords the 
Commission no discretion to offer any regulatory flexibility to small 
television broadcasters concerning the mandatory analog turn-off. 
Rather, to implement this statutory mandate, the Commission must ensure 
that all full-power

[[Page 5677]]

television broadcast stations cease analog broadcasting as of the 
February 17, 2009 transition date.
    210. Construction Deadlines for DTV Facilities. The Report and 
Order sets deadlines for all full-power television broadcast stations 
to complete construction of their final, post-transition (DTV) facility 
in order to ensure that DTV stations will be providing service on their 
final, post-transition channels by the February 17, 2009 transition 
date. The Report and Order sets construction deadlines based on a 
station's channel assignment for pre- and post-transition operation, 
and other circumstances affecting the station's ability to complete 
final, post-transition facilities. The Report and Order establishes the 
following deadlines for full-power television broadcast stations to 
construct their full, authorized post-transition (digital) facilities 
(as defined in the post-transition DTV Table Appendix B): (1) May 18, 
2008 will be the construction deadline for stations that will use their 
pre-transition DTV channel for post-transition operations and already 
have a construction permit that matches their post-transition (DTV 
Table Appendix B) facilities; (2) August 18, 2008 will be the 
construction deadline for stations that will use their pre-transition 
DTV channel for post-transition operations, but do not have a license 
or construction permit that matches their post-transition (DTV Table 
Appendix B) facilities; (3) February 17, 2009 will be the construction 
deadline for: (a) stations building digital facilities based on a new 
channel allotment in the post-transition DTV Table, i.e., stations that 
will be returning to their analog channel or moving to a new digital 
channel for post-transition operations; and (b) stations demonstrating 
that a unique technical challenge, such as the need to reposition a 
side-mounted antenna, prevents them from completing construction of 
their final DTV facilities.
    211. The Report and Order also adopts rules and policies to limit 
the situations in which stations may obtain more time to satisfy the 
construction deadlines adopted for completion of final, post-transition 
facilities. Stations with a construction deadline on or before February 
17, 2009 must comply with the revised rule section 73.624(d). 
Specifically, the revised rule section 73.624(d) no longer grants 
stations additional time to construct because of equipment delays, 
absent extraordinary circumstances. (The proposed rule would continue 
to allow extension requests based on stations' inability to construct 
because of delays in obtaining zoning or FAA approvals, or similar 
constraints. 47 CFR 73.624(d)(3)(ii)(A).) The revised rule also 
requires a stronger demonstration of financial hardship than is now 
required. The revised financial hardship standard requires the licensee 
or permittee of a station to show that it is (1) the subject of a 
bankruptcy or receivership proceeding, or (2) experiencing severe 
financial hardship, as defined by negative cash flow for the past three 
years. Stations seeking an extension based upon financial 
considerations under this new rule would either (1) submit proof that 
they have filed for bankruptcy or that a receiver has been appointed, 
or (2) submit an audited financial statement for the previous three 
years. All such stations must submit a schedule of when they expect to 
complete construction. As previously required, stations making such 
requests must electronically file FCC Form 337. Stations with a 
construction deadline occurring February 18, 2009 or later may only 
obtain more time to meet their construction deadline under the tolling 
standard set forth in section 73.3598(b) of the rules, which now 
applies to DTV singletons, analog TV, and other broadcast services. 
Stations must file a notification to inform the Commission of the 
circumstances that it believes should toll its construction period. 
Stations filing such notifications must do so electronically through 
the CDBS using the Informal Application filing form (The proposed rule 
would continue to allow extension requests based on stations' inability 
to construct because of delays in obtaining zoning or FAA approvals, or 
similar constraints. 47 CFR 73.624(d)(3)(ii)(A)).

B. Summary of Significant Issues Raised By Public Comments in Response 
to the IRFA

    212. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    213. The RFA directs the Commission to provide a description of 
and, where feasible, an estimate of the number of small entities that 
will be affected by the rules adopted. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' small organization,'' and ``small government 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. (Pursuant to 5 U.S.C. 601(3), the statutory definition of a small 
business applies ``unless an agency, after consultation with the Office 
of Advocacy of the Small Business Administration and after opportunity 
for public comment, establishes one or more definitions of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register.'' 5 U.S.C. 601(3).) A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the SBA. (Application of the 
statutory criteria of dominance in its field of operation and 
independence are sometimes difficult to apply in the context of 
broadcast television. Accordingly, the Commission's statistical account 
of television stations may be over-inclusive.)
    214. We adopt our tentative conclusion in the Third DTV Periodic 
Review NPRM and find that only full-power television broadcast stations 
will be directly and primarily affected by rules adopted in this Report 
and Order. Although we also find that the rules adopted will not 
directly affect Class A TV stations, low power television (``LPTV'') 
stations and TV translator stations, it is still possible that these 
entities may be affected by the rules adopted. We find, however, that 
no other types of entities will be directly affected by the rules 
adopted. (As noted in note 5 of the Report and Order, the statutory 
transition deadline applies only to full-power stations. See 47 U.S.C. 
309(j)(14) and 337(e). The transition timing for LPTV, translator and 
Class A stations will be addressed in a separate proceeding.) 
Therefore, in this FRFA, we consider the impact of the rules adopted on 
small television broadcast stations. A description of such small 
entities, as well as an estimate of the number of such small entities, 
is provided below.
1. Entities Directly Affected By Proposed Rules
    215. Television Broadcasting. The rules and policies adopted herein 
apply to television broadcast licensees and potential licensees of 
television service. The SBA defines a television broadcast station as a 
small business if such station has no more than $13.0 million in annual 
receipts. Business concerns included in this industry are those 
``primarily engaged in broadcasting images together with sound.'' (This 
category description continues, ``These establishments operate 
television broadcasting studios and facilities for the programming and 
transmission of programs to the public. These establishments also 
produce or transmit

[[Page 5678]]

visual programming to affiliated broadcast television stations, which 
in turn broadcast the programs to the public on a predetermined 
schedule. Programming may originate in their own studios, from an 
affiliated network, or from external sources.'' Separate census 
categories pertain to businesses primarily engaged in producing 
programming. See Motion Picture and Video Production, NAICS code 
512110; Motion Picture and Video Distribution, NAICS Code 512120; 
Teleproduction and Other Post-Production Services, NAICS Code 512191; 
and Other Motion Picture and Video Industries, NAICS Code 512199.) The 
Commission has estimated the number of licensed commercial television 
stations to be 1,376. According to Commission review of the BIA 
Financial Network, MAPro Television Database (``BIA'') on March 30, 
2007, about 986 of an estimated 1,374 commercial television stations 
(or about 72 percent) have revenues of $13.0 million or less and thus 
qualify as small entities under the SBA definition. (We recognize that 
this total differs slightly from that contained in Broadcast Station 
Totals. However, we are using BIA's estimate for purposes of this 
revenue comparison.) The Commission has estimated the number of 
licensed NCE television stations to be 380. We note, however, that, in 
assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations must be included. 
(``[Business concerns] are affiliates of each other when one concern 
controls or has the power to control the other or a third party or 
parties controls or has the power to control both.'' 13 CFR 
121.103(a)(1).) Our estimate, therefore, likely overstates the number 
of small entities that might be affected by our action, because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies. The Commission does not compile and 
otherwise does not have access to information on the revenue of NCE 
stations that would permit it to determine how many such stations would 
qualify as small entities.
    216. In addition, an element of the definition of ``small 
business'' is that the entity not be dominant in its field of 
operation. We are unable at this time to define or quantify the 
criteria that would establish whether a specific television station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply do not exclude any television 
station from the definition of a small business on this basis and are 
therefore over-inclusive to that extent. Also as noted, an additional 
element of the definition of ``small business'' is that the entity must 
be independently owned and operated. We note that it is difficult at 
times to assess these criteria in the context of media entities and our 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.
    217. Class A TV, LPTV, and TV Translator Stations. The rules and 
policies adopted herein may also apply to licensees of Class A TV 
stations, low power television (``LPTV'') stations, and TV translator 
stations, as well as to potential licensees in these television 
services. The same SBA definition that applies to television broadcast 
licensees would apply to these stations. The SBA defines a television 
broadcast station as a small business if such station has no more than 
$13.0 million in annual receipts. Currently, there are approximately 
567 licensed Class A stations, 2,227 licensed LPTV stations, and 4,518 
licensed TV translators. Given the nature of these services, we will 
presume that all of these licensees qualify as small entities under the 
SBA definition. We note, however, that under the SBA's definition, 
revenue of affiliates that are not LPTV stations should be aggregated 
with the LPTV station revenues in determining whether a concern is 
small. Our estimate may thus overstate the number of small entities 
since the revenue figure on which it is based does not include or 
aggregate revenues from non-LPTV affiliated companies. We do not have 
data on revenues of TV translator or TV booster stations, but virtually 
all of these entities are also likely to have revenues of less than 
$13.0 million and thus may be categorized as small, except to the 
extent that revenues of affiliated non-translator or booster entities 
should be considered.
2. Entities Not Directly Affected By Rules
    218. We adopt our tentative conclusion that the rules adopted 
herein will not directly affect any other types of entities other than 
full-power television broadcast station licensees and permittees. In 
the Third DTV Periodic Review NPRM, we invited comment on this 
tentative conclusion and, in particular, out of an abundance of 
caution, we invited comment from any small cable operators, small 
multichannel video programming distributors (``MVPDs''), or small 
electronics equipment manufacturers who believed they might be directly 
affected by the proposed rules. (MVPDs include such entities as Direct 
Broadcast Satellite (DBS) providers, private cable operators (PCOs), 
also known as satellite master antenna television (SMATV) systems, home 
satellite dish (HSD) services, multipoint distribution services (MDS)/
multichannel multipoint distribution service (MMDS), Instructional 
Television Fixed Service (ITFS), local multipoint distribution service 
(LMDS) and open video systems (OVS).) We did not receive comments on 
this issue. Because the rules adopted herein pertain only to full-power 
television broadcast licensees and potential licensees of television 
service, we find that these rules will not directly affect small cable 
operators, small MVPDs, or small electronics equipment manufacturers. 
We, thus, adopt our tentative conclusion that these entities fall 
outside the scope of this FRFA. Accordingly, we do not discuss these 
entities, which were listed in the IRFA.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    219. The rules and policies adopted by this Report and Order will 
impose mandatory compliance and reporting requirements on full-power 
television broadcast stations, including requiring that such stations: 
(1) Must file a form with the Commission no later than February 18, 
2008 detailing their current transition status and their plans for 
completing their transitions by the statutory deadline, and must file 
updates to these forms as necessary--and at a minimum by October 20, 
2008--until they report the completion of their transition; (2) must 
file an application for a new or modified construction permit for their 
final, post-transition (DTV) facility, if the station does not have an 
existing construction permit for such facility; (3) must file an 
application for a license to cover their final, post-transition (DTV) 
facility, if the station does not have an existing license for such 
facility; (4) must populate, and update as necessary, the Event 
Information Tables (``EITs'') in PSIP data with accurate information 
about each event, in accordance with the current version of the ATSC 
PSIP standard, A/65-C (PSIP data is transmitted along with a station's 
DTV signal and provides DTV receivers with information about the 
station and what is being broadcast); (5) must follow a specific format 
if choosing to identify a licensee that it is transmitting on one of 
its multicast streams; and (6) must file a notification to document 
their status as a station facing a ``unique technical challenge'' 
(warranting a February 17, 2009 construction deadline), if they do not 
file, or do not include such

[[Page 5679]]

information in, an application for post-transition facilities (Forms 
301 or 340).
    220. In addition, the rules and policies adopted in this Report and 
Order will impose additional compliance and reporting requirements on 
full-power television broadcast stations that choose to take advantage 
of voluntary opportunities for regulatory flexibility offered by this 
Report and Order. Because these voluntary requirements may afford small 
television broadcast stations the opportunity for regulatory 
flexibility and reduced burdens, they are discussed in section E. of 
this FRFA. (To request various opportunities for regulatory 
flexibility, stations would have to file applications with the 
Commission. See, e.g., section V.I.B. of the Report and Order (listing 
proposed information collections contained in the Report and Order).)
    221. Transition Status Form. The Report and Order will require that 
every full-power television broadcast station must file a form with the 
Commission no later than February 18, 2008 that details (1) the current 
status of the station's digital transition; (2) the additional steps, 
if any, the station needs to take to be prepared for the transition 
deadline; and (3) their timeline to meet the transition deadline. These 
filings will be posted on the Commission's Web site. Stations must 
update the form as events warrant and by October 20, 2008 if they have 
reported the completion of their transition. These forms will assist 
the Commission, industry, and the public in assessing progress and 
making plans for the transition date. The form will provide information 
on the status of each station's construction of final, DTV facilities, 
allowing the Commission, industry, and the public to track the progress 
of the DTV transition.
    222. Applications for New or Modified Construction Permits. Under 
the current rules, stations that need to construct or modify DTV 
facilities must file construction permit or modification applications. 
Commercial stations must file FCC Form 301 and NCE stations must file 
FCC Form 340. Stations may file an application to modify their 
authority on their current DTV channel at any time, provided they do 
not violate the terms of the Commission's filing freeze. According to 
the Report and Order, 634 stations will not be using their currently 
authorized DTV channel for post-transition operations and will, 
therefore, need to file an application to construct their final, DTV 
facility. In addition, if any of the 1,178 stations that will use their 
currently authorized DTV channel for post-transition operations need to 
change their DTV facilities, e.g., because if they do not have an 
authorization for their intended operations, then such stations will 
need to file a modification application. Thus, both these groups of 
stations will need to file applications for their final, post-
transition facility. In addition, stations that file such applications 
will also need to file applications for a license to cover their final, 
post-transition facility.
    223. Program System and Information Protocol (``PSIP'') Standard. 
The Report and Order revises rule section 73.682(d) to reflect the 
revisions to the ATSC Program System and Information Protocol 
(``PSIP'') standard since the Second DTV Periodic Report and Order. The 
current version of the ATSC PSIP standard is A/65-C. PSIP data is 
transmitted along with a station's DTV signal and provides DTV 
receivers with information about the station and what is being 
broadcast. PSIP data provides a method for DTV receivers to identify a 
DTV station and to determine how a receiver can tune to it. For any 
given station, the PSIP data transmitted along with the digital signal 
identifies both its DTV channel number and its analog channel number 
(referred to as the ``major'' channel number), thereby making it easy 
for viewers to tune to the station's DTV channel even if they only know 
the station's major channel number. In addition, PSIP data tells the 
receiver whether multiple program streams are being broadcast and, if 
so, how to find them. It also identifies whether the programs are 
closed captioned, conveys available V-chip information, and provides 
program information, among other things. The Commission has recognized 
the utility that the ATSC PSIP standard offers for both broadcasters 
and consumers. This new revision to the ATSC standard further enhances 
the PSIP standard and support for delivery of data. The updated ATSC 
PSIP standard now requires broadcasters to populate the EITs with 
accurate information about each event and to update the EIT if more 
accurate information becomes available. Currently, many broadcasters 
provide only general information in the EIT tables. For example, a 
network affiliate may provide ``network programming'' as the descriptor 
for the majority of its program offerings.
    224. Station Identification Requirement. The Report and Order 
revises rule section 73.1201 of the rules, regarding station 
identification requirements for DTV stations in circumstances in which 
one of a station's multicast streams is being used to air programming 
provided by another broadcast station or another programming source. In 
these situations, the rules do not require that the source of the 
programming be identified by the station whose multicast stream is 
being used to carry the programming. However, if the station whose 
multicast stream is being used to carry the programming chooses to 
identify the station that is the source of the programming, the rules 
are revised to require that the following format be used in making that 
station identification: ``Station WYYY-DT, community of license (call 
sign and community of license of the station whose multicast stream is 
transmitting the programming), bringing you WXXX, community of license 
(call sign and community of license of the licensee providing the 
programming).''

E. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    225. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    226. As previously noted, the Commission has no discretion to offer 
any regulatory flexibility to small television broadcasters concerning 
the mandatory analog turn-off on the February 17, 2009 transition date. 
Rather, to implement this statutory mandate, the Commission must ensure 
that all full-power television broadcast stations, including small 
stations, cease analog broadcasting as of the February 17, 2009 
transition date.
    227. The Report and Order, however, does offer stations 
opportunities for regulatory flexibility with respect to the other 
mandatory compliance requirements, most specifically to the post-
transition construction deadlines. In formulating these opportunities 
for regulatory flexibility, the Commission considered the benefits of 
such regulatory relief to small stations, particularly to NCE stations 
and small market stations (i.e., stations which are not a top-four 
network in markets 1-100). To qualify for, and benefit from, some of 
these opportunities, however,

[[Page 5680]]

stations must satisfy additional compliance or reporting requirements.
    228. Such opportunities for regulatory flexibility adopted by this 
Report and Order that will benefit small stations include the 
following: (1) Stations may qualify for expedited processing of their 
applications to build post-transition facilities to speed their receipt 
of construction permits for such facilities; (2) Stations that will not 
use their pre-transition DTV channel for post-transition operations may 
forego further construction of their pre-transition DTV channel to the 
extent that such a facility has been partially built in order to focus 
their efforts on constructing their final DTV facility on their post-
transition channel; (3) Stations may seek STA for one of two provisions 
for a ``phased transition'' that would afford qualifying stations 
regulatory relief in meeting their post-transition construction 
deadlines without disappointing viewer expectations after the 
transition date; and (4) Stations may request Commission approval to 
reduce or terminate analog TV or pre-transition DTV service before the 
transition date if doing so would facilitate their transition, provided 
they satisfy a viewer notification requirement.
    229. Expedited Processing. The Report and Order adopts rules and 
policies to offer expedited processing of stations' applications to 
build their post-transition facilities that may well benefit smaller 
stations. Stations may obtain expedited processing provided that their 
application: (1) Does not seek to expand the station's facilities 
beyond its final DTV Table Appendix B facilities; (2) specifies 
facilities that are no more than five percent smaller than those 
specified in the post-transition DTV Table Appendix B (with respect to 
predicted population); and (3) is filed within 45 days of the effective 
date of this Report and Order. It is each station's responsibility to 
ensure that it can begin operations on its post-transition channel no 
later than the deadline for the transition on February 17, 2009. 
Stations also have the responsibility to file their applications in 
sufficient time before the deadline so that they may be granted by the 
Commission.
    230. Minor Expansion Applications. The Report and Order also adopts 
a waiver policy that will permit rapid approval of minor (i.e., not 
exceeding 5 miles) expansion applications filed by stations that will 
not use their pre-transition DTV channel for post-transition operation. 
This policy will allow added flexibility for stations that wish to use 
their existing analog channel antenna, which provides benefits for the 
successful completion of the transition by reducing the demands on 
equipment suppliers and installation crews during a critical time as 
the transition date nears.
    231. Regulatory Relief in Meeting Construction Deadlines. With 
respect to the construction deadlines established for stations to build 
final, post-transition facilities, the Report and Order offers a 
variety of opportunities for regulatory flexibility if it would 
facilitate the transition and ensure that all full-power stations meet 
the February 17, 2009 statutory transition date. Small stations, 
including NCE stations and small market stations (i.e., stations which 
are not a top-four network in markets 1-100) may particularly benefit 
from these opportunities for regulatory relief because of the unique 
challenges they may face in completing their transition.
    232. While establishing a stricter standard for requests for 
extension of time to construct DTV facilities, the Report and Order 
eliminates the requirement for some stations that they build pre-
transition DTV facilities on channels that are not their post-
transition channel. This will help many small stations facing financial 
challenges to complete construction of DTV facilities while also 
ensuring that broadcasters continue to focus on the timely construction 
of the facilities necessary to transition away from analog transmission 
by the transition date. The Report and Order also allows stations to 
operate on newly allotted post-transition facilities before the 
transition deadline provided they would not interfere with existing, 
pre-transition service.
    233. Provisions for a Phased Transition. The Report and Order 
permits stations that are moving to a different DTV channel for post-
transition operations to temporarily remain on their pre-transition DTV 
channel while they complete construction of their final digital 
facilities, provided: (1) They build facilities that serve at least the 
same population that receives their current analog TV and DTV service 
so that over-the-air viewers will not lose TV service; and (2) They do 
not cause impermissible interference to other stations or prevent other 
stations from making their transition. The Report and Order also 
permits stations to operate their post-transition facilities, pursuant 
to STA, at less than their full, authorized facilities, provided: (1) 
They demonstrate a legitimate impediment to the construction of such 
facilities; (2) They build facilities that serve at least the same 
population that receives their current analog TV and DTV service so 
that over-the-air viewers will not lose TV service; and (3) They do not 
cause impermissible interference to other stations or prevent other 
stations from making their transition. To provide additional regulatory 
relief for NCE and small market stations (i.e., stations which are not 
a top-four network in markets 1-100), the Commission will consider on 
case-by-case basis allowing these stations a reduced service 
requirement if their circumstances warrant it.
    234. Permanent Reduction or Termination of Analog TV or Pre-
Transition DTV Service. To facilitate the construction of, and 
commencement of operations on, post-transition facilities, the Report 
and Order provides stations with the flexibility to permanently reduce 
or terminate their analog or pre-transition digital service before the 
transition date, provided the station satisfies the following two 
requirements: (1) The station demonstrates that its service reduction 
or termination is directly related to the construction and operation of 
its, or another station's, post-transition facilities; and (2) The 
station notifies viewers on its pre-transition channel(s) about the 
planned service reduction or termination and informs them about how 
they can continue to receive the station. In addition, stations may 
file only a notification to permanently reduce or terminate analog or 
pre-transition DTV service within 90 days of the transition date, 
subject only to a viewer notification requirement. These opportunities 
may provide financial relief to small stations by freeing them to focus 
their efforts on completion of their final, post-transition facility. 
Stations must file these requests electronically through the CDBS using 
the Informal Application filing form.
    235. Temporary Service Disruptions of Less Than 30 Days. The Report 
and Order also clarifies that section 73.1615 of the Commission's rules 
permits stations to reduce or cease service temporarily without prior 
Commission approval in order to modify existing facilities. Stations 
may use this existing provision to temporarily reduce or cease existing 
analog or pre-transition digital service where necessary to facilitate 
construction of final post-transition facilities. Because this 
provision does not require prior Commission authorization, and does not 
require licensees to justify the need for the service disruption, this 
provision gives stations substantial flexibility to temporarily reduce 
or cease analog or digital service pre-transition. Stations must notify 
the Commission before commencing the temporary reduction or cessation 
of service, but do not need

[[Page 5681]]

prior Commission approval. The flexibility accorded by section 73.1615 
is intended for service disruptions of 30 days or less. Stations must 
file these notifications (pursuant to section 73.1615) electronically 
through the CDBS using the Informal Application filing form.
    236. Other Alternatives Considered. The Third DTV Periodic Review 
NPRM sought comment on whether small broadcasters would be particularly 
impacted by updating section 73.682(d) to reflect the new revisions to 
the ATSC PSIP standard. No comments were received on this issue. The 
Report and Order determines that the value of EITs to consumers 
outweighs the burdens of this requirement. The Third DTV Periodic 
Review NPRM also encouraged broadcasters to suggest alternative 
proposals that would avoid the imposition of significant and 
unreasonable burdens on small TV broadcasters, consistent with the 
statutory mandate for full-power TV broadcast stations to cease analog 
broadcasting by February 17, 2009, as well as with broadcasters' 
obligation to provide and maintain the best possible TV service to the 
public. No comments were received on this issue.

F. Federal Rules Which Duplicate, Overlap, or Conflict With the 
Commission's Proposals

    237. None.

G. Report to Congress

    238. The Commission will send a copy of this Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of this Report and Order, including the FRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration. A copy of this Report 
and Order and FRFA (or summaries thereof) will also be published in the 
Federal Register.

VII. Ordering Clauses

    239. It is ordered that, pursuant to the authority contained in 
Sections 1, 4(i) and (j), 7, 301, 302, 303, 307, 308, 309, 312, 316, 
318, 319, 324, 325, 336, and 337 of the Communications Act of 1934, 47 
U.S.C 151, 154(i) and (j), 157, 301, 302a, 303, 307, 308, 309, 312, 
316, 318, 319, 324, 325, 336, and 337, this Report and Order is adopted 
and the Commission's rules are hereby amended as set forth in Appendix 
B. We find good cause for the rules, forms and procedures adopted in 
this Report and Order to be effective upon publication of the summary 
of the Report and Order in the Federal Register to ensure that full 
power television stations can meet the statutory deadline for 
transitioning to all digital service, except for rule sections 47 CFR 
73.682(d), 73.8000(b) and 73.9000(k), provided, however, that the 
rules, forms and procedures described in the PRA section, above, 
contain information collection requirements subject to the PRA and are 
not effective until approved by the OMB. (See 5 U.S.C. 553(d)(3) (``The 
required publication or service of a substantive rule shall be made not 
less than 30 days before its effective date, except * * * as otherwise 
provided by the agency for good cause found and published with the 
rule.'' See also 47 CFR 1.103(a), 1.427(b).) As described in this 
Report and Order, full power television stations must complete their 
transition from analog to digital service by February 17, 2009. For 
stations that must apply for a construction permit to build their post-
transition facilities, it is essential that the rules, forms and 
procedures adopted in this Report and Order be effective upon 
publication in the Federal Register, so that the forms are available 
for filing (subject to OMB approval by that date) to afford stations 
adequate time for ordering equipment and scheduling construction in 
time to meet this deadline and also to report on their transition 
status (via FCC Form 387) one year in advance of the transition date. 
Because FCC Forms 301, 337, 340, and 387 have previously been submitted 
to OMB and because any delay can result in harm to television stations, 
and, in turn, to their viewers, we find that there is good cause to 
expedite the effective date of the rules, forms and procedures adopted 
in this Report and Order. For these reasons, we are also requesting 
emergency PRA approval from OMB for the FCC Forms 301, 337, 340, and 
387.) The Commission will publish a notice in the Federal Register 
announcing when OMB approval for these rules and forms has been 
received. Rule sections 47 CFR 73.682(d), 73.8000(b), and 73.9000(k) 
shall become effective 120 days after publication in the Federal 
Register, subject to OMB approval by this date. The Commission will 
publish a notice in the Federal Register announcing when OMB approval 
for these rule sections has been received and when these rules will 
take effect.
    240. It is further ordered that, pursuant to 47 U.S.C. 155(c), the 
Chief, Media Bureau, is granted delegated authority to make revisions 
where necessary and to establish filing deadlines for the electronic 
forms adopted in this Report and Order.
    241. It is further ordered that the filing deadline for FCC Form 
387 is February 18, 2008, subject to OMB approval by this date, for all 
television licensees and permittees.
    242. It is further ordered that, pursuant to 47 U.S.C. 155(c), the 
Chief, Media Bureau, is granted delegated authority to conduct 
expedited rulemaking proceedings to amend the DTV Table of Allotments 
and Appendix B to the DTV Table of Allotments as needed up to the full 
power transition deadline, including, as appropriate, proceeding 
without notice and comment for changes that do not adversely affect 
other stations' post-transition operations.
    243. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    244. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 15

    Communications equipment, Digital Television, and Digital 
Television Equipment.

47 CFR Part 73

    Digital Television, incorporation by reference, Reporting and 
recordkeeping requirements, and Television.

47 CFR Part 76

    Cable Television and Digital Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 15, 73 and 76 as follows.

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 544A.


0
2. Amend Sec.  15.117 by revising paragraph (i)(2) to read as follows:


Sec.  15.117  TV broadcast receivers.

* * * * *
    (i) * * *

[[Page 5682]]

    (2) For purposes of this implementation schedule, screen sizes are 
to be measured diagonally across the picture viewing area.

* * * * *

0
3. Amend Sec.  15.120 by revising paragraph (b) to read as follows:


Sec.  15.120  Program blocking technology requirements for television 
receivers.

* * * * *
    (b) Effective January 1, 2000, all TV broadcast receivers as 
defined in Sec.  15.3(w), including personal computer systems meeting 
that definition, with picture screens 33 cm (13 in) or larger in 
diameter or with displays in the 16:9 aspect ratio that are 19.8 cm 
(7.8 in) or greater in height and digital television receivers without 
an associated display device shipped in interstate commerce or 
manufactured in the United States shall comply with the provisions of 
paragraphs (c), (d), and (e) of this section.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
4. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


0
5. Add a new Sec.  73.616 to read as follows:


Sec.  73.616  Post-transition DTV station interference protection.

    (a) Applications seeking facilities that will operate prior to the 
end of the DTV transition must also comply with Sec.  73.623.
    (b) A petition to add a new channel to the post-transition DTV 
Table of Allotments contained in Sec.  73.622(i) of this subpart will 
not be accepted unless it meets: the DTV-to-DTV geographic spacing 
requirements of Sec.  73.623(d) with respect to all existing DTV 
allotments in the post-transition DTV Table; the principle community 
coverage requirements of Sec.  73.625(a); the Class A TV and digital 
Class A TV protection requirements in paragraph (f) of this section; 
the land mobile protection requirements of Sec.  73.623(e); and the FM 
radio protection requirement of Sec.  73.623(f).
    (c) The reference coordinates of a post-transition DTV allotment 
shall be the authorized transmitter site, or, where such a transmitter 
site is not available for use as a reference point, the coordinates as 
designated in the FCC order creating or modifying the post-transition 
DTV Table of Allotments.
    (d) The protected facilities of a post-transition DTV allotment 
shall be the facilities (effective radiated power, antenna height and 
antenna directional radiation pattern, if any) authorized by a 
construction permit or license, or, where such an authorization is not 
available for establishing reference facilities, the facilities 
designated in the FCC order creating or modifying the post-transition 
DTV Table of Allotments.
    (e) An application will not be accepted if it is predicted to cause 
interference to more than an additional 0.5 percent of the population 
served by another post-transition DTV station. For this purpose, the 
population served by the station receiving additional interference does 
not include portions of the population within the noise-limited service 
contour of that station that are predicted to receive interference from 
the post-transition DTV allotment facilities of the applicant or 
portions of that population receiving masking interference from any 
other station.
    (1) For evaluating compliance with the requirements of this 
paragraph, interference to populations served is to be predicted based 
on the 2000 census population data and otherwise according to the 
procedure set forth in OET Bulletin No. 69: ``Longley-Rice Methodology 
for Evaluating TV Coverage and Interference'' (February 6, 2004) 
(incorporated by reference, see Sec.  73.8000), including population 
served within service areas determined in accordance with Sec.  
73.622(e), consideration of whether F(50,10) undesired signals will 
exceed the following desired-to-undesired (D/U) signal ratios, assumed 
use of a directional receiving antenna, and use of the terrain 
dependent Longley-Rice point-to-point propagation model. Applicants may 
request the use of a cell size other than the default of 2.0 km per 
side, but only requests for cell sizes of 1.0 km per side or 0.5 km per 
side will be considered. The threshold levels at which interference is 
considered to occur are:
    (i) For co-channel stations, the D/U ratio is +15 dB. This value is 
only valid at locations where the signal-to-noise ratio is 28 dB or 
greater. At the edge of the noise-limited service area, where the 
signal-to-noise (S/N) ratio is 16 dB, this value is +23 dB. At 
locations where the S/N ratio is greater than 16 dB but less than 28 
dB, D/U values are computed from the following formula:

D/U = 15+10log10[1.0/(1.0-10-x/10)]

    Where x = S/N-15.19 (minimum signal to noise ratio)

    (ii) For interference from a lower first-adjacent channel, the D/U 
ratio is -28 dB.
    (iii) For interference from an upper first-adjacent channel, the D/
U ratio is -26 dB.
    (2) Due to the frequency spacing that exists between Channels 4 and 
5, between Channels 6 and 7, and between Channels 13 and 14, the 
minimum adjacent channel technical criteria specified in this section 
shall not be applicable to these pairs of channels (see Sec.  
73.603(a)).
    (f) A petition to add a new channel to the post-transition DTV 
Table or a post-transition DTV station application that proposes to 
expand its allotted or authorized coverage area in any direction will 
not be accepted if it is predicted to cause interference to a Class A 
TV station or to a digital Class A TV station authorized pursuant to 
subpart J of this part, within the protected contour defined in Sec.  
73.6010.
    (1) Interference is predicted to occur if the ratio in dB of the 
field strength of a Class A TV station at its protected contour to the 
field strength resulting from the facilities proposed in the DTV 
application (calculated using the appropriate F(50,10) chart from 
Figure 9a, 10a, or 10c of Sec.  73.699) fails to meet the D/U signal 
ratios for ``DTV-into-analog TV'' specified in Sec.  73.623(c)(2).
    (2) Interference is predicted to occur if the ratio in dB of the 
field strength of a digital Class A TV station at its protected contour 
to the field strength resulting from the facilities proposed in the DTV 
application (calculated using the appropriate F(50,10) chart from 
Figure 9a, 10a, or 10c of Sec.  73.699) fails to meet the D/U signal 
ratios specified in paragraph (e) of this section.
    (3) In support of a request for waiver of the interference 
protection requirements of this section, an applicant for a post-
transition DTV broadcast station may make full use of terrain shielding 
and Longley-Rice terrain dependent propagation methods to demonstrate 
that the proposed facility would not be likely to cause interference to 
Class A TV stations. Guidance on using the Longley-Rice methodology is 
provided in OET Bulletin No. 69, which is available through the 
Internet at http://www.fcc.gov/oet/info/documents/bulletins/#69.

    Note to Sec.  73.616: When this rule was adopted, the filing 
freeze announced in an August 2004 public notice (19 FCC Rcd 14810 
(MB 2004)) remained in effect. For a short period of time after the 
filing freeze is lifted, until a date to be announced by a Media 
Bureau public notice, applicants must protect Appendix B facilities 
in addition to

[[Page 5683]]

any authorized facilities required to be protected pursuant to this 
rule section.


0
6. Amend Sec.  73.622 by revising paragraph (f)(4) to read as follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (f) * * *
    (4) UHF DTV stations may request an increase in power, up to a 
maximum of 1000 kW ERP, to enhance service within their authorized 
service area.
* * * * *

0
7. Amend Sec.  73.623 by revising paragraph (a) to read as follows:


Sec.  73.623  DTV applications and changes to DTV allotments.

    (a) General. This section contains the technical criteria for 
evaluating applications requesting DTV facilities that do not conform 
to the provisions of Sec.  73.622 and petitions for rule making to 
amend the pre-transition DTV Table of Allotments (Sec.  73.622(b)). 
Petitions to amend the DTV Table (other than those also expressly 
requesting amendment of this section) and applications for new DTV 
broadcast stations or for changes in authorized DTV stations filed 
pursuant to this section will not be accepted for filing if they fail 
to comply with the requirements of this section. Petitions for rule 
making and applications seeking facilities that will operate after the 
end of the DTV transition must also comply with Sec.  73.616.
* * * * *

0
8. Amend Sec.  73.624 by adding paragraphs (d)(1)(v) through (vii), 
revising paragraph (d)(3) and revising paragraphs (g) introductory text 
and (g)(2) to read as follows:


Sec.  73.624  Digital television broadcast stations.

* * * * *
    (d) * * *
    (1)* * *
    (v) May 18, 2008 in all markets for completion of construction of 
post-transition (DTV) facilities for all commercial and noncommercial 
television stations that will use the same channel used for pre-
transition operation for post-transition operation and that, as of 
December 31, 2007, have a construction permit for facilities that 
conform to the facilities defined by the new DTV Table of Allotments 
and accompanying Appendix B, established by the Seventh Report and 
Order in MB Docket No. 87-268 and codified at 47 CFR 73.622(i).
    (vi) August 18, 2008 in all markets for completion of construction 
of post-transition (DTV) facilities for all commercial and 
noncommercial television stations that will use the same channel used 
for pre-transition operation for post-transition operation but which, 
as of December 31, 2007, do not have a construction permit for 
facilities that conform to the facilities defined by the new DTV Table 
of Allotments and accompanying Appendix B, established by the Seventh 
Report and Order in MB Docket No. 87-268 and codified at 47 CFR 
73.622(i).
    (vii) February 17, 2009 in all markets for completion of 
construction of post-transition (DTV) facilities for all commercial and 
noncommercial television stations whose post-transition digital channel 
is different from their pre-transition digital channel and for those 
stations whose post-transition channel is the same as their pre-
transition channel but that are subject to a unique technical challenge 
that has been specifically recognized as such by the Commission.
* * * * *
    (3) Authority delegated. (i) Authority is delegated to the Chief, 
Media Bureau to grant an extension of time of up to six months beyond 
the relevant construction deadline specified in paragraph (d)(1) of 
this section upon demonstration by the DTV licensee or permittee that 
failure to meet that construction deadline is due to circumstances that 
are either unforeseeable or beyond the licensee's control where the 
licensee has taken all reasonable steps to resolve the problem 
expeditiously.
    (ii) For construction deadlines occurring prior to February 18, 
2009, the following circumstances may include, but shall not be limited 
to:
    (A) Inability to construct and place in operation a facility 
necessary for transmitting digital television, such as a tower, because 
of delays in obtaining zoning or FAA approvals, or similar constraints; 
or
    (B) Where the licensee or permittee is currently the subject of a 
bankruptcy or receivership proceeding, or is experiencing severe 
financial hardship as defined by negative cash flow for the past three 
years.
    (iii) For construction deadlines occurring after February 17, 2009, 
the tolling provisions of Sec.  73.3598 shall apply.
    (iv) The Bureau may grant no more than two extension requests upon 
delegated authority. Subsequent extension requests shall be referred to 
the Commission. The Bureau may deny extension requests upon delegated 
authority.
    (v) Applications for extension of time shall be filed no earlier 
than 90 and no later than 60 days prior to the relevant construction 
deadline, absent a showing of sufficient reasons for filing within less 
than 60 days of the relevant construction deadline.
* * * * *
    (g) Commercial and noncommercial DTV licensees and permittees must 
annually remit a fee of five percent of the gross revenues derived from 
all ancillary or supplementary services, as defined by paragraph (b) of 
this section, which are feeable, as defined in paragraphs (g)(2)(i) 
through (ii) of this section.
* * * * *
    (2) Payment of fees. (i) Each December 1, all commercial and 
noncommercial DTV licensees and permittees will electronically report 
whether they provided ancillary or supplementary services in the 12-
month period ending on the preceding September 30. Licensees and 
permittees will further report, for the applicable period:
    (A) A brief description of the services provided;
    (B) Which services were feeable ancillary or supplementary 
services;
    (C) Whether any ancillary or supplementary services provided were 
not subject to a fee;
    (D) Gross revenues received from all feeable ancillary and 
supplementary services provided during the applicable period; and
    (E) The amount of bitstream used to provide ancillary or 
supplementary services during the applicable period. Licensees and 
permittees will certify under penalty of perjury the accuracy of the 
information reported. Failure to file regardless of revenues from 
ancillary or supplementary services or provision of such services may 
result in appropriate sanctions.
    (ii) If a commercial or noncommercial DTV licensee or permittee has 
provided feeable ancillary or supplementary services at any point 
during a 12-month period ending on September 30, the licensee or 
permittee must additionally file the FCC's standard remittance form 
(Form 159) on the subsequent December 1. Licensees and permittees will 
certify the amount of gross revenues received from feeable ancillary or 
supplementary services for the applicable 12-month period and will 
remit the payment of the required fee.
    (iii) The Commission reserves the right to audit each licensee's or 
permittee's records which support the calculation of the amount 
specified on line 23A of Form 159. Each licensee or permittee, 
therefore, is required to retain such records for three years from the 
date of remittance of fees.


[[Page 5684]]



0
9. Amend Sec.  73.682 by revising paragraph (d) to read as follows:


Sec.  73.682  TV transmission standards.

* * * * *
    (d) Digital broadcast television transmission standard. Effective 
May 29, 2008 transmission of digital broadcast television (DTV) signals 
shall comply with the standards for such transmissions set forth in 
ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3)'' 
(incorporated by reference, see Sec.  73.8000), ATSC A/53, Parts 1-6: 
2007 ``ATSC Digital Television Standard,'' (January 3, 2007), except 
for section 6.1.2 (``Compression Format Constraints'') of A/53 Part 4: 
2007 (``MPEG-2 Video Systems Characteristics'') and the phrase ``see 
Table 6.2'' in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3 
(incorporated by reference, see Sec.  73.8000), and ATSC A/65C: ``ATSC 
Program and System Information Protocol for Terrestrial Broadcast and 
Cable, Revision C With Amendment No. 1 dated May 9, 2006,'' (January 2, 
2006) (incorporated by reference, see Sec.  73.8000). Although not 
incorporated by reference, licensees may also consult ATSC A/54A: 
``Recommended Practice: Guide to Use of the ATSC Digital Television 
Standard, including Corrigendum No. 1,'' (December 4, 2003, Corrigendum 
No. 1 dated December 20, 2006, and ATSC A/69: ``Recommended Practice 
PSIP Implementation Guidelines for Broadcasters,'' (June 25, 2002) 
(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 
154, 155, 303)). ATSC A/54A and ATSC A/69 are available from Advanced 
Television Systems Committee (ATSC), 1750 K Street, NW., Suite 1200, 
Washington, DC 20006, or at the ATSC Web site: http://www.atsc.org/standards.html.


0
10. Amend Sec.  73.1201 by revising paragraph (b)(1) to read as 
follows:


Sec.  73.1201  Station identification.

* * * * *
    (b) Content. (1) Official station identification shall consist of 
the station's call letters immediately followed by the community or 
communities specified in its license as the station's location; 
Provided, That the name of the licensee, the station's frequency, the 
station's channel number, as stated on the station's license, and/or 
the station's network affiliation may be inserted between the call 
letters and station location. DTV stations, or DAB Stations, choosing 
to include the station's channel number in the station identification 
must use the station's major channel number and may distinguish 
multicast program streams. For example, a DTV station with major 
channel number 26 may use 26.1 to identify an HDTV program service and 
26.2 to identify an SDTV program service. A DTV station that is 
devoting one of its multicast streams to transmit the programming of 
another television licensee must identify itself and may also identify 
the licensee that it is transmitting. If a DTV station in this 
situation chooses to identify the station that is the source of the 
programming it is transmitting, it must use the following format: 
Station WYYY-DT, community of license (call sign and community of 
license of the station whose multicast stream is transmitting the 
programming), bringing you WXXX, community of license (call sign and 
community of license of the licensee providing the programming). The 
transmitting station may insert between its call letters and its 
community of license the following information: the frequency of the 
transmitting station, the channel number of the transmitting station, 
the name of the licensee of the transmitting station and the licensee 
providing the programming, and/or the name of the network of either 
station. Where a multicast station is carrying the programming of 
another station and is identifying that station as the source of the 
programming, using the format described above, the identification may 
not include the frequency or channel number of the program source. A 
radio station operating in DAB hybrid mode or extended hybrid mode 
shall identify its digital signal, including any free multicast audio 
programming streams, in a manner that appropriately alerts its audience 
to the fact that it is listening to a digital audio broadcast. No other 
insertion between the station's call letters and the community or 
communities specified in its license is permissible.

* * * * *

0
11. Amend Sec.  73.3598 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  73.3598  Period of construction.

    (a) Each original construction permit for the construction of a new 
TV (including full-power DTV), AM, FM or International Broadcast; low 
power TV; TV translator; TV booster; FM translator; or FM booster 
station, or to make changes in such existing stations, shall specify a 
period of three years from the date of issuance of the original 
construction permit within which construction shall be completed and 
application for license filed. Each original construction permit for 
the construction of a new LPFM station shall specify a period of 
eighteen months from the date of issuance of the construction permit 
within which construction shall be completed and application for 
license filed.
    (b) The period of construction for an original construction permit 
shall toll when construction is prevented by the following causes not 
under the control of the permittee:
    (1) Construction is prevented due to an act of God, defined in 
terms of natural disasters (e.g., floods, tornados, hurricanes, or 
earthquakes);
    (2) The grant of the permit is the subject of administrative or 
judicial review (i.e., petitions for reconsideration and applications 
for review of the grant of a construction permit pending before the 
Commission and any judicial appeal of any Commission action thereon), 
or construction is delayed by any cause of action pending before any 
court of competent jurisdiction relating to any necessary local, state 
or federal requirement for the construction or operation of the 
station, including any zoning or environmental requirement; or
    (3) A request for international coordination, with respect to an 
original construction permit for a new DTV station, has been sent to 
Canada or Mexico on behalf of the station and no response from the 
country affected has been received, or the licensee or permittee is 
challenging the response from Canada or Mexico on the grounds that the 
facility as approved would not permit the station to serve the 
population that is both approved by the Commission and served by the 
station's TV (analog) facility to be vacated by February 17, 2009.

* * * * *

0
12. Revise Sec.  73.8000 to read as follows:


Sec.  73.8000  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in this part. These incorporations by reference were approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they 
exist on the date of the approval, and notice of any change in these 
materials will be published in the Federal Register. The materials are 
available for inspection at the Federal Communications Commission 
(FCC), 445 12th St., SW., Reference Information Center, Room CY-A257, 
Washington, DC 20554 and at the National Archives and Records 
Administration (NARA). For information on the availability of this

[[Page 5685]]

material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The following materials are available from Advanced Television 
Systems Committee (ATSC), 1750 K Street, NW., Suite 1200, Washington, 
DC 20006, or at the ATSC Web site: http://www.atsc.org/standards.html.
    (1) ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3),'' 
1995, IBR approved for Sec.  73.682.
    (2) ATSC A/53 Parts 1-6: 2007 ``ATSC Digital Television Standard,'' 
(January 3, 2007) as listed below:
    (i) A/53, Part 1:2007, ``Digital Television System'' (January 3, 
2007), IBR approved for Sec.  73.682.
    (ii) A/53, Part 2:2007, ``RF/Transmission System Characteristics'' 
(January 3, 2007), IBR approved for Sec.  73.682.
    (iii) A/53, Part 3:2007, ``Service Multiplex and Transport 
Subsystem Characteristics'' (January 3, 2007), IBR approved for Sec.  
73.682.
    (iv) A/53, Part 4:2007, ``MPEG-2 Video System Characteristics'' 
(January 3, 2007), IBR approved for Sec.  73.682, except for Sec.  
6.1.2 of A/53 Part 4: 2007, and the phrase ``see Table 6.2'' in section 
6.1.1 Table 6.1 and section 6.1.3 Table 6.3.
    (v) A/53, Part 5:2007, ``AC-3 Audio System Characteristics'' 
(January 3, 2007), IBR approved for Sec.  73.682.
    (vi) A/53, Part 6:2007, ``Enhanced AC-3 Audio System 
Characteristics'' (January 3, 2007), IBR approved for Sec.  73.682.
    (3) ATSC A/65B: ``ATSC Program and System Information Protocol for 
Terrestrial Broadcast and Cable,'' (Revision B) March 18, 2003, and IBR 
approved for Sec. Sec.  73.9000 and 73.9001.
    (4) ATSC A/65C: ``ATSC Program and System Information Protocol for 
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated 
May 9, 2006,'' (January 2, 2006), IBR approved for Sec. Sec.  73.682 
and 73.9000.
    (c) The following materials are available for purchase from 
American National Standards Institute (ANSI), 25 West 43rd Street, 4th 
Floor, New York, NY 10036 or at the ANSI Web site: http://www.webstore.ansi.org/ansidocstore/default.asp.
    (1) International Standard ISO/IEC 13818-1:2000(E); ``Information 
Technology Generic Coding of Moving Pictures and Associated Audio 
Information: Systems,'' 2000, IBR approved for Sec.  73.9000.
    (2) [Reserved]
    (d) The following materials are available at the FCC, 445 12th St., 
SW., Reference Information Center, Room CY-A257, Washington, DC 20554, 
or at the FCC's Office of Engineering and Technology (OET) Web site: 
http://www.fcc.gov/oet/info/documents/bulletins/.
    (1) OET Bulletin No. 69: ``Longley-Rice Methodology for Evaluating 
TV Coverage and Interference'' (February 6, 2004), IBR approved for 
Sec.  73.616.
    (2) [Reserved]


0
13. Amend Sec.  73.9000 by revising paragraph (k) to read as follows:


Sec.  73.9000  Definitions.

* * * * *

    (k) EIT means Event Information Table as defined in ATSC A/65C: 
``ATSC Program and System Information Protocol for Terrestrial 
Broadcast and Cable, Revision C With Amendment No. 1 dated May 9, 
2006,'' (January 2, 2006), (incorporated by reference, see Sec.  
73.8000).
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

    14. The authority citation for part 76 continues to read as 
follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 
531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 
552, 554, 556, 558, 560, 561, 571, 572, 573.


0
15. Amend Sec.  76.55 by revising paragraph (c)(3) to read as follows:


Sec.  76.55  Definitions applicable to the must-carry rules.

* * * * *
    (c) * * *
    (3) A television broadcast station that does not deliver to the 
principal headend, as defined in Sec.  76.5(pp), of a cable system a 
signal level of -45dBm for analog UHF signals, -49dBm for analog VHF 
signals, or -61dBm for digital signals at the input terminals of the 
signal processing equipment, i.e., the input to the first active 
component of the signal processing equipment relevant to the signal at 
issue, if such station does not agree to be responsible for the costs 
of delivering to the cable system a signal of good quality or a 
baseband video signal.
* * * * *

    Note: The following appendices will not appear in the Code of 
Federal Regulations.

Appendix A: List of Commenters

Comments

1. 54 Broadcasting, Inc. (``54 Broadcasting'') (filed 8/15/07)
2. Advanced Television Systems Committee, Inc. (``ATSC'') (filed 8/
7/07)
3. Agape Church, Inc. ``(Agape'') (filed 8/3/07)
4. Allbritton Communications Company (``Allbritton'') (filed 8/16/
07)
5. Anderson WFBC-TV Licensee, Inc. (``Anderson'') (filed 8/15/07)
6. Arkansas Educational Television Commission (filed 8/15/07)
7. Association for Maximum Service Television, Inc. and The National 
Association of Broadcasters, Joint Comments (``MSTV/NAB'') (filed 8/
15/07)
8. Association of Federal Communications Consulting Engineers 
(``AFCCE'') (filed 8/15/07)
9. Association of Public Television Stations and the Public 
Broadcasting Service (``APTS/PBS'') (filed 8/15/07)
10. Bahakel Communications (``Bahakel'') (filed 8/15/07)
11. Banks Boise, Inc (filed 8/15/07)
12. Barrington Broadcasting Group, LLC (``Barrington'') (filed 8/15/
07)
13. Benton Foundation (``Benton.'') \1\ (filed 8/15/07)
---------------------------------------------------------------------------

    \1\ The complete list of commenters jointly filing with the 
Benton Foundation in this pleading include: The Campaign Legal 
Center, Free Press, Communication Service for the Deaf, Hearing Loss 
Association of America--New York State, Northern Virginia Center for 
Deaf and Hard of Hearing Persons, United States Conference of 
Catholic Bishops, National Hispanic Media Coalition, Democracy Now, 
Consumer Action, Common Cause Citizen Advocacy Center, Common Cause 
Illinois, Common Cause Michigan, Common Cause Ohio, Common Cause 
Wisconsin, Illinois Campaign for Political Reform, Illinois PIRG, 
League of Women Voters of Minnesota, League of Women Voters of 
Wisconsin, Ohio Citizen Action Education Fund, Sunshine Project--
University of Illinois at Springfield, Take Action Minnesota, 
Wisconsin Democracy Campaign, Michigan Campaign Finance Network, The 
Alliance for Community Media, The Center for Digital Democracy, 
Chicago Media Action.
---------------------------------------------------------------------------

14. Board of Governors of Missouri State University (filed 8/14/07)
15. Byron W. St. Clair (``St. Clair'') (filed 8/15/07)
16. Calipatria Broadcasting Company, LLC (``Calipatria'') (filed 8/
15/07)
17. Capitol Broadcasting Company, Inc.(''Capitol'') (filed 8/15/07)
18. CBS Corporation (``CBS'') (filed 8/15/07)
19. Central Michigan University (filed 8/13/07)
20. Chelsey Broadcasting Company of Youngstown, LLC (``Chelsey'') 
(filed 8/15/07)
21. Christian Faith Broadcast, Inc. (``CFB'') (filed 8/15/07)
22. Christian Television Network, Inc, Christian Television Network 
of Iowa, Inc. and Volunteer Christian Television, Inc. (``Christian 
Network'') (filed 8/15/07)
23. Coalition of Organizations for Accessible Technology (``COAT'') 
(filed 8/9/07)
24. Cox Broadcasting (``Cox'') (filed 8/15/07)
25. Cohen, Dippell and Everist, P.C. (``Cohen, Dippell and 
Everist'') (filed 8/15/07)
26. Community Television of Southern California (filed 8/15/07)
27. Consumer Electronics Association (``CEA'') (filed 8/15/07)

[[Page 5686]]

28. DIRECTV (filed 8/30/07)
29. Du Treil, Lundin & Rackley (``dLR'') (filed 8/14/07)
30. Educational Broadcast Corporation (``EBC'') (filed 8/15/07)
31. Entravision Holdings (``Entravision'') (filed 8/15/07)
32. Esteem License Holdings, Inc. (``Esteem'') (filed 8/15/07)
33. Georgia Public Telecommunications Commission (filed 8/15/07)
34. Glendive Broadcasting Corporation (``Glendive'') (filed 8/15/07)
35. Granite Broadcasting Corporation (``Granite'') (filed 8/15/07)
36. Gray Television, Inc.(''Gray Television'') (filed 8/15/07)
37. Greater Dayton Public Television, Inc. (``Greater Dayton'') 
(filed 8/15/07)
38. Griffin Communications, LLC (``Griffin'') (filed 8/15/07)
39. Hammett and Edison, Inc. (``Hammett and Edison'') (filed 8/10/
07)
40. Harris Corporation (``Harris'')(filed 8/10/07)
41. Hawaii Public Television Foundation (``Hawaii PTV Foundation'') 
(filed 8/14/07)
42. Hoak Media, LLC (``Hoak'') (filed 8/15/07)
43. Hubbard Broadcasting, Inc. (``Hubbard'') (filed 8/15/07)
44. Independence Television Company (``Independence'') (filed 8/15/
07)
45. Independent Communications, Inc. (``Independent, KTTM'') (filed 
10/26/07)
46. Independent Communications, Inc. (``Independent, KTTW'') (filed 
10/26/07)
47. Independent Multifamily Communications Council (``IMCC'') (filed 
11/28/07)
48. Iowa Public Broadcasting Board dba Iowa Public Television (filed 
8/15/07)
49. Joseph M. Davis, P.E. (``Davis'') (filed 8/15/07)
50. KCTS Television (filed 8/13/07)
51. Khanna & Guill, Inc.--Consulting Engineers (``Khanna'') (filed 
8/29/07)
52. Khanna and Guill (``Khanna 8/8/07'') (filed 8/8/07)
53. KJLA (filed 8/15/07)
54. KRCA License, LLC (``KRCA'') (filed 8/15/07)
55. KSLS, Inc (``KSLS'') (filed 8/15/07)
56. Lambert Broadcasting of Burlington, LLC (``Lambert'') (filed 8/
15/07)
57. LeSEA Broadcasting Corporation (``LeSEA'') (filed 8/15/07)
58. LATV Networks (``LATV'') (filed 8/15/07)
59. LG Electronics USA, Inc. (``LG'') (filed 8/15/07)
60. LIN Television Corporation (``LIN'') (filed 8/15/07)
61. Long Communications, LLC (``Long'') (filed 8/15/07)
62. Maranatha Broadcasting Company, Inc. (``Maranatha'') (filed 8/
15/07)
63. Meredith Corporation (``Meredith'') (filed 8/15/07)
64. Metropolitan Television Alliance, LLC (filed 8/15/07)
65. Mid-South Public Communications Foundation (``Mid-South'') 
(filed 8/15/07)
66. Montecito Hawaii License, LLC (``Montecito Hawaii'') (filed 8/
15/07)
67. Montecito Television License Corporation of Wichita (``Montecito 
of Wichita'') (filed 8/15/07)
68. Multicultural Television Broadcasting, LLC (``Multicultural'') 
(filed 8/15/07)
69. National Cable and Telecommunications Association (``NCTA'') 
(filed 8/15/07)
70. Native American Public Telecommunications (``NAPT'') (filed 8/
15/07)
71. Nebraska Educational Telecommunications Commission and the 
University of Nebraska (``Nebraska PTV Licensees'') (filed 8/14/07)
72. Nexstar Broadcasting, Inc. (``Nexstar'') (filed 8/15/07)
73. Northeastern Educational Television of Ohio, Inc. (filed 8/15/
07)
74. Norwell Television, LLC (``Norwell'') (filed 8/15/07)
75. Oklahoma Educational Television Authority (filed 8/15/07)
76. Pappas Telecasting Companies (``Pappas'') (filed 8/15/07)
77. Parker Broadcasting (``Parker'') (filed 8/15/07)
78. Pennsylvania State University (``Penn State'') (filed 8/15/07)
79. Permian Basin Public Telecommunications, Inc. (``Permian 
Basin'') (filed 8/15/07)
80. Post-Newsweek Stations, Inc. (``Post-Newsweek'') (filed 8/15/07)
81. Public Broadcasting of Northwest Pennsylvania (``PBNP'') (filed 
8/13/07)
82. Quincy Newspapers, Inc. (``Quincy'') (filed 8/15/07)
83. Raycom Media, Inc. (``Raycom'') (filed 8/15/07)
84. River Broadcast Co., LLC (``Red River'') (filed 8/15/07)
85. Rocky Mountain Public Broadcasting Network, Inc. (``Rocky 
Mountain'') (filed 8/13/07)
86. Saga Quad States Communications, LLC (``Saga'') (filed 8/15/07)
87. School Board of Miami Dade County, Florida (filed 8/3/07)
88. Scripps Howard Broadcasting Company (``Scripps-Howard'') (filed 
8/15/07)
89. Scripps Howard Broadcasting--Engineering Statement by John F.X. 
Browne (``Scripps'') (filed 8/15/07)
90. Shenandoah Valley Educational Television Corporation (``SVETC 
Stations'') (filed 8/15/07)
91. Sinclair Broadcast Group, Inc. (``Sinclair'') (filed 8/15/07)
92. Sistema Universitario Ana G. Mendez, Inc. (filed 8/14/07)
93. Sky Television, LLC (``Sky'') (filed 8/15/07)
94. Smoky Hills Public Television Corporation (``Smoky Hills'') 
(filed 8/13/07)
95. Sorensen Television Systems, Inc. (``Sorensen'') (filed 7/24/07)
96. South Carolina Educational Television Commission (filed 8/13/07)
97. Southeastern Media Holdings, Inc. (filed 8/15/07)
98. Southern Broadcast Company of Sarasota (``Broadcast Company of 
Sarasota'') (filed 8/15/07)
99. St. Louis Regional Educational and Public Television Commission 
(``St. Louis PTV'') (filed 8/13/07)
100. State of Wisconsin Educational Communications Board (``State of 
Wisconsin Board'') (filed 8/14/07)
101. Sunbelt Multimedia Co. (``Sunbelt'') (filed 8/15/07)
102. Sunflower Broadcasting, Inc. (``Sunflower'') (filed 8/15/07)
103. Thunder Bay Broadcasting Corporation (``Thunder Bay'') (filed 
8/15/07)
104. Tribune Broadcasting Company (``Tribune'') (filed 8/15/07)
105. Tri-State Public Teleplex, Inc. (``Tri-State'') (filed 8/15/07)
106. Twin Cities Public Television, Inc. (``Twin Cities'') (filed 8/
15/07)
107. United Communications Corp. (``United'') (filed 8/16/07)
108. University of Alaska (filed 8/15/07)
109. University of Houston System (filed 8/15/07)
110. University of Michigan (filed 8/13/07)
111. University of North Carolina (filed 8/15/07)
112. University of Utah and the Utah State Board of Regents (``Utah 
Stations'') (filed 8/15/07)
113. Univision (filed 8/15/07)
114. Upper Cumberland Broadcast Council (``UCBC'') (filed 8/14/07)
115. Valley Public Television, Inc. (``Valley'') (filed 8/15/07)
116. Vermont ETV, Inc. (``Vermont ETV'') (filed 8/15/07)
117. Walt Disney Company (``Disney'') (filed 8/15/07)
118. WBOC, Inc. (''WBOC'') (filed 8/15/07)
119. WDEF-TV, Inc. (``WDEF'') (filed 8/15/07)
120. West Virginia Media Holdings, LLC (``West Virginia Media 
Holdings'') (filed 8/15/07)
121. WGBH Educational Foundation (``WGBH'') (filed 8/15/07)
122. WKSG Public Telecommunications Council (``WKSG'') (filed 8/15/
07)
123. WLNY Limited Partnership (``WLNY'') (filed 7/9/07)
124. WPSD-TV, LLC (``WPSD'') (filed 8/15/07)
125. WYFF Hearst-Argyle Television, Inc. (``Hearst-Argyle'') (filed 
8/15/07)

Reply Comments

1. Ackerley Broadcasting Operations, LLC (filed 8/30/07)
2. Allbritton Communications Co. and Gannett Co., Inc. (filed 8/30/
07)
3. Association of Public Television Stations and the Public 
Broadcasting Service (filed 8/30/07)
4. Barrington Bay City License, LLC (filed 8/30/07)
5. Belo Corp. (filed 8/30/07)
6. Capitol Broadcasting Company, Inc. (filed 8/30/07)
7. Central NY News, Inc. (filed 8/30/07)
8. Cohen, Dippell and Everist, P.C. (filed 8/30/07)
9. Corridor Television, LLP (filed 8/30/07)
10. Dispatch Broadcast Group (filed 9/4/07)
11. DuTreil, Lundin & Rackley (filed 8/30/07)
12. Echostar Satellite L.L.C. (filed 8/30/07)
13. Grant Communications (filed 8/30/07)
14. Larry E. Will, P.E. (filed 8/30/07)
15. Mid State Television, Inc. (filed 8/30/07)
16. MSTV and NAB (filed 8/30/07)
17. National Cable and Telecommunications Association (``NCTA'') 
(filed 8/30/07)
18. Sonshine Family Television (filed 8/29/07)

[[Page 5687]]

19. Sunbeam Television Corp. (filed 8/30/07)
20. Tribune Broadcasting Company (filed 8/30/07)
21. Walt Disney Company (filed 8/30/07)
22. WQED Multimedia (``WQED'') (filed 8/30/07)

Appendix B: Rule Changes [Reserved]

Note: The rules codified in this Report and Order (FCC 07-228), 
which were contained in Appendix B of the Report and Order, are set 
forth following the signature block of this document.

Appendix C: FCC Forms Changes

    The Federal Communications Commission revises FCC Form 301 as 
set forth below:
    1. Main Form Section I--General Information, Question 4.b. 
(Service Type) on page one is revised to allow the filer to indicate 
whether the application is for pre-transition DTV facilities, post-
transition DTV facilities, or both. The revised question will read 
as follows:
    ``b. Service Type: [squ] AM [squ] FM [squ] TV [squ] DTV Pre-
Transition [squ] DTV Post-Transition [squ] DTV Both (Pre- and Post-
Transition)''
    2. Instructions Section I.D. (General Information), Item 4 is 
revised to explain the new service types for DTV applications: (a) 
DTV Pre-Transition, (b) DTV Post-Transition, (c) DTV Both (Pre- and 
Post-Transition). Item 4 is revised to add the following new 
paragraph:
    ``DTV Service Type: The DTV Pre-Transition service type is for a 
station whose application relates solely to its pre-transition DTV 
operation on a channel that is not allotted for post-transition use 
by this station and will not affect its authorized post-transition 
operation. The DTV Post-Transition service type is for a station 
whose application relates solely to its post-transition operation 
and will not affect its authorized pre-transition operation. The DTV 
Both (Pre- and Post-Transition) service type is for a station whose 
application relates to both its pre- and post-transition operation. 
Only a station whose pre-transition DTV channel is the same as its 
post-transition channel may use the DTV Both service type.''
    3. Form Section III-D--DTV Engineering on page 17 is revised by 
changing the two paragraphs preceding Question 1. The revised 
paragraphs will read as follows:
    ``Complete Questions 1-5, and provide all data and information 
for the proposed facility, as requested in Technical Specifications, 
Items 1-13.
    ``Pre-Transition Certification Checklist. An application 
concerning a pre-transition channel must complete questions 1(a)-
(c), and 2-5. A correct answer of ``Yes'' to all of these questions 
will ensure an expeditious grant of a construction permit 
application to modify pre-transition facilities. However, if the 
proposed facility is located within the Canadian or Mexican borders, 
coordination of the proposal under the appropriate treaties may be 
required prior to grant of the application. An answer of ``No'' will 
require additional evaluation of the applicable information in this 
form before a construction permit can be granted.
    ``Post-Transition Expedited Processing. An application 
concerning a post-transition channel must complete questions 1(a), 
(d)-(e), and 2-5. A station applying for a construction permit to 
build its post-transition channel will receive expedited processing 
if its application (1) does not seek to expand the noise-limited 
service contour in any direction beyond that established by Appendix 
B of the Seventh Report and Order in MB Docket No. 87-268 
establishing the new DTV Table of Allotments in 47 CFR 73.622(i) 
(``new DTV Table Appendix B''); (2) specifies facilities that match 
or closely approximate those defined in the new DTV Table Appendix B 
facilities; and (3) is filed within 45 days of the effective date of 
the Report and Order in the Third DTV Periodic Review proceeding, MB 
Docket No. 07-91.''
    4. Form Section III-D--DTV Engineering, Question 1 on page 17 is 
revised by changing (b) and (c) and by adding (d) and (e). Revised 
questions (b) and (c) and new questions (d) and (e) will read as 
follows:
    ``(b) It will operate a pre-transition facility from a 
transmitting antenna located within 5.0 km (3.1 miles) of the DTV 
reference site for this station as established in 47 CFR 73.622. 
[squ] Yes [squ] No
    ``(c) It will operate a pre-transition facility with an 
effective radiated power (ERP) and antenna height above average 
terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for 
this station as established in 47 CFR 73.622. [squ] Yes [squ] No
    ``(d) It will operate at post-transition facilities that do not 
expand the noise-limited service contour in any direction beyond 
that established by Appendix B of the Seventh Report and Order in MB 
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 
CFR 73.622(i) (``new DTV Table Appendix B''). [squ] Yes [squ] No 
[squ] Don't Know''
    ``(e) It will operate at post-transition facilities that match 
or reduce by no more than five percent with respect to predicted 
population from those defined in the new DTV Table Appendix B. [squ] 
Yes [squ] No [squ] Don't Know
    5. Instructions to Section III-D (DTV Engineering) is revised to 
explain that: (i) question 1(a) applies to all facility changes (and 
both the current and new DTV Tables in 47 CFR 73.622(b) and (i)), 
(ii) questions 1(b) and 1(c) apply only to applications for pre-
transition facilities, and (iii) questions 1(d) and 1(e) apply only 
to applications for post-transition facilities. Item 1 (of 
Instructions Section III.H.) is revised as follows:
    ``Certifications Checklist. Items 1-5 set forth a series of 
certifications concerning the Commission's technical allotment 
standards and operational requirements for DTV stations.
    ``Item 1: The applicant must certify compliance with the digital 
television channel allotment and operational requirements contained 
in 47 CFR 73.622. Specifically, this question requires that the 
applicant certify that (a) the application specifies a channel and 
community in accordance with the Commission's Table of Television 
Allotments, 47 CFR 73.622(b) or (i), (b) it will operate a pre-
transition facility with a transmitting antenna located within 5 
kilometers of the DTV reference coordinates for the station, as 
referenced in Section 73.622(d) and set forth in the Sixth Report 
and Order in MM Docket No. 87-268, 12 FCC Rcd 14588 (1997), (c) it 
will operate with pre-transition facilities that do not exceed the 
power and antenna height maxima specified in Section 73.622(f), (d) 
it will operate at post-transition facilities that do not expand the 
noise-limited service contour in any direction beyond that 
established by Appendix B of the Seventh Report and Order in MB 
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 
CFR 73.622(i), and (e) it will operate at post-transition facilities 
that match or reduce by no more than five percent with respect to 
predicted population from those defined in the new DTV Table 
Appendix B.
    ``If any of items 1(a)-1(c) are answered ``No'' in an 
application of a pre-transition facility, the applicant must 
demonstrate in response to Section III-D, Item 11 that the proposal 
will not cause or increase interference to any other DTV broadcast 
application, DTV allotment, or analog TV broadcast authorization.
    ``Interference is to be predicted for pre-transition facilities 
in accordance with the procedure set forth in Appendix B of the 
Sixth Report and Order in MM Docket No. 87-268. See 47 CFR 73.623.
    ``If any of items 1(a), 1(d)-(e) are answered ``No'' in an 
application of a post-transition facility, the applicant will not 
qualify for expedited processing.
    ``Interference is to be predicted for post-transition facilities 
in accordance with the procedure set forth in the Third DTV Periodic 
Report and Order in MB Docket No. 07-91. See 47 CFR 73.616 and 
73.623.''
    6. Form Section III-D--DTV Engineering (TECHNICAL 
SPECIFICATIONS) TECH BOX Question 11, first paragraph, on page 19 is 
revised as follows:
    ``Does the proposed facility satisfy the pre-transition 
interference protection provisions of 47 CFR 73.623(a) (Applicable 
only if Certification Checklist Items 1(a), (b), or (c) are answered 
``No.'') and/or the post-transition interference protection 
provisions of 47 CFR 73.616? [ballot] Yes [ballot] No''
    7. Form and Instructions Section III-D--DTV Engineering 
(TECHNICAL SPECIFICATIONS) TECH BOX Questions, is revised to make 
non-substantive conforming edits necessary because of the other 
changes.
    The Federal Communications Commission revises FCC Form 340 as 
set forth below:
    8. Main Form Section I--General Information, Question 4.b. 
(Service Type) on page one is revised to allow the filer to indicate 
whether the application is for pre-transition DTV facilities, post-
transition DTV facilities, or both. The revised question will read 
as follows:
    ``b. Service Type: [ballot] FM [ballot] TV [ballot] DTV Pre-
Transition [ballot] DTV Post-Transition [ballot] DTV Both (Pre- and 
Post-Transition)''
    9. Instructions for Section I. (General Information), Item 
(Question) 4 is revised to explain the new service types for DTV 
applications: (a) DTV Pre-Transition, (b) DTV Post-Transition, (c) 
DTV Both (Pre- and Post-Transition). Item (Question) 4 is revised to 
add the following new paragraph:
    ``DTV Service Type: The DTV Pre-Transition service type is for a 
station whose

[[Page 5688]]

application relates solely to its pre-transition DTV operation and 
will not affect its authorized post-transition operation. The DTV 
Post-Transition service type is for a station whose application 
relates solely to its post-transition operation and will not affect 
its authorized pre-transition operation. The DTV Both (Pre- and 
Post-Transition) service type is for a station whose application 
relates to both its pre- and post-transition operation. Only a 
station whose pre-transition DTV channel is the same as its post-
transition channel may use the DTV Both service type.''
    10. Form Section VII-D--DTV Engineering on page 15 is revised by 
changing the two paragraphs preceding Question 1. The revised 
paragraphs will read as follows:
    ``Complete Questions 1-5, and provide all data and information 
for the proposed facility, as requested in Technical Specifications, 
Items 1-13.
    ``Pre-Transition Certification Checklist. An application 
concerning a pre-transition channel must complete questions 1(a)-
(c), and 2-5. A correct answer of ``Yes'' to all of these questions 
will ensure an expeditious grant of a construction permit 
application to change pre-transition facilities. However, if the 
proposed facility is located within the Canadian or Mexican borders, 
coordination of the proposal under the appropriate treaties may be 
required prior to grant of the application. An answer of ``No'' will 
require additional evaluation of the applicable information in this 
form before a construction permit can be granted.
    ``Post-Transition Expedited Processing.'' An application 
concerning a post-transition channel must complete questions 1(a), 
(d)-(e), and 2-5. A station applying for a construction permit to 
build its post-transition channel will receive expedited processing 
if its application (1) does not seek to expand the noise-limited 
service contour in any direction beyond that established by Appendix 
B of the Seventh Report and Order in MB Docket No. 87-268 
establishing the new DTV Table of Allotments in 47 CFR 73.622(i) 
(``new DTV Table Appendix B''); (2) specifies facilities that match 
or closely approximate those defined in the new DTV Table Appendix B 
facilities; and (3) is filed within 45 days of the effective date of 
Section 73.616 of the rules adopted in the Report and Order in the 
Third DTV Periodic Review proceeding, MB Docket No. 07-91.
    11. Form Section VII-D--DTV Engineering, Question 1, on page 15 
is revised by changing (b) and (c) and by adding (d) and (e). 
Revised questions (b) and (c) and new questions (d) and (e) will 
read as follows:
    ``(b) It will operate a pre-transition facility from a 
transmitting antenna located within 5.0 km (3.1 miles) of the DTV 
reference site for this station as established in 47 CFR 73.622. 
[ballot] Yes [ballot] No
    ``(c) It will operate a pre-transition facility with an 
effective radiated power (ERP) and antenna height above average 
terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for 
this station as established in 47 CFR 73.622. [ballot] Yes [ballot] 
No
    ``(d) It will operate at post-transition facilities that do not 
expand the noise-limited service contour in any direction beyond 
that established by Appendix B of the Seventh Report and Order in MB 
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 
CFR 73.622(i) (``new DTV Table Appendix B''). [ballot] Yes [ballot] 
No [ballot] Don't Know
    ``(e) It will operate at post-transition facilities that match 
or reduce by no more than five percent with respect to predicted 
population from those defined in the new DTV Table Appendix B. 
[ballot] Yes [ballot] No [ballot] Don't Know
    12. Instructions to Section VII-D (DTV Engineering) is revised 
to explain that: (i) question 1(a) applies to all facility changes 
(see 47 CFR 73.622(a) and (i)), (ii) questions 1(b) and 1(c) apply 
only to applications for pre-transition facilities, and (iii) 
questions 1(d) and 1(e). Item 1 (of Instructions to Section VII) is 
revised as follows:
    ``Certifications Checklist. Items 1-5 set forth a series of 
certifications concerning the Commission's technical allotment 
standards and operational requirements for DTV stations.
    ``Item 1: The applicant must certify compliance with the digital 
television channel allotment and operational requirements contained 
in 47 CFR 73.622. Specifically, this question requires that the 
applicant certify that (a) the application specifies a channel and 
community in accordance with the Commission's Table of Television 
Allotments, 47 CFR 73.622(b) or (i), (b) it will operate a pre-
transition facility with a transmitting antenna located within 5 
kilometers of the DTV reference coordinates for the station, as 
referenced in Section 73.622(d) and set forth in the Sixth Report 
and Order in MM Docket No. 87-268, 12 FCC Rcd 14588 (1997), (c) it 
will operate with pre-transition facilities that do not exceed the 
power and antenna height maximum specified in Section 73.622(f), (d) 
it will operate at post-transition facilities that do not expand the 
noise-limited service contour in any direction beyond that 
established by Appendix B of the Seventh Report and Order in MB 
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 
CFR 73.622(i), and (e) it will operate at post-transition facilities 
that match or reduce by no more than five percent with respect to 
predicted population from those defined in the new DTV Table 
Appendix B.
    ``If any of items 1(a)-1(c) are answered ``No'' in an 
application of a pre-transition facility, the applicant must 
demonstrate in response to Section III-D, Item 11 that the proposal 
will not cause or increase interference to any other DTV broadcast 
application, DTV allotment, or analog TV broadcast authorization.
    ``Interference is to be predicted for a pre-transition facility 
in accordance with the procedure set forth in Appendix B of the 
Sixth Report and Order in MM Docket No. 87-268. See 47 CFR 73.623.
    ``If any of items 1(a), 1(d)-(e) are answered ``No'' in an 
application of a post-transition facility, the applicant will not 
qualify for expedited processing.
    ``Interference is to be predicted for a post-transition facility 
in accordance with the procedures set forth in the Report and Order 
in the Third DTV Periodic Review proceeding, MB Docket No. 07-91. 
See 47 CFR 73.616 and 73.623.''
    13. Form Section VII-D--DTV Engineering (TECHNICAL 
SPECIFICATIONS) TECH BOX Question 11, first paragraph, on page 17 is 
revised as follows:
    ``Does the proposed facility satisfy the pre-transition 
interference protection provisions of 47 CFR 73.623(a) (Applicable 
only if Certification Checklist Items 1(a), (b), or (c) are answered 
``No.'') and/or the post-transition interference protection 
provisions of 47 CFR 73.616? [ballot] Yes [ballot] No''
    14. Form and Instructions Section VII-D--DTV Engineering 
(TECHNICAL SPECIFICATIONS) TECH BOX Questions, is revised to make 
non-substantive conforming edits necessary because of the other 
changes.
    The Federal Communications Commission revises FCC Form 317 as 
set forth below.
    15. Form 317 and Instructions are revised to indicate that DTV 
permittees are required to file the form and report their ancillary 
and supplementary services.
    The Federal Communications Commission revises FCC Form 337 as 
set forth below:
    16. Main Form is revised to reflect the proposed rule revisions 
to 47 CFR 73.624(d) in section V.C.4. and Appendix A. Specifically, 
Question 5 on page 2 is revised as follows:

[ballot] Legal reasons beyond station's control (e.g., litigation, 
international coordination)
[ballot] Severe financial hardship (e.g., bankruptcy, negative cash 
flow)
[ballot] Other reasons (e.g., natural disasters)

    17. Instructions are revised to reflect the proposed rule 
revisions to 47 CFR 73.624(d) in section V.C.4. and Appendix A. 
Specifically, Item 5 is revised to by adding a new paragraphs and 
deleting the last paragraph as follows:
    Item 5: Reason for Delay in Construction. In the Fifth Report 
and Order in MM Docket No. 87-268, 12 FCC Rcd 12809 (1997), on 
reconsideration, 13 FCC Rcd 6860 (1998), the Commission announced 
its willingness to grant, on a case-by-case basis, an extension to 
the applicable DTV construction deadline where a broadcaster has 
been unable to complete construction due to circumstances that are 
either unforeseeable or beyond the permittee's control, provided the 
broadcaster has taken all reasonable steps to resolve the problem 
expeditiously. The Commission also stated that it would modify its 
existing policies regarding extensions, taking into account problems 
encountered that are unique to the DTV conversion.
    In the Report and Order in MB Docket No. 07-91, [-- FCC Rcd --] 
(2007), the Commission adopted a stricter standard for the grant of 
an extension of the applicable DTV construction deadline. See 47 CFR 
73.624(d)(3).
    First, stations may no longer obtain an extension because of 
technical reasons, such as equipment delays. Second, the Commission 
tightened the financial showing required for an extension. While 
previously requiring a showing that the cost of meeting the minimum 
build-out requirements exceeded the station's financial resources, 
the Commission now requires a showing that the station is (1) the 
subject of a bankruptcy or receivership proceeding, or (2) 
experiencing severe financial hardship, as defined by negative cash 
flow for the past

[[Page 5689]]

three years. In order to be considered for an extension due to 
financial hardship, a station must: (1) Submit proof that they have 
filed for bankruptcy or that a receiver has been appointed, or (2) 
submit an audited financial statement for the previous three years. 
In addition, the station must submit a schedule that outlines the 
time period for the completion of construction. To the extent that 
an applicant's description of its financial condition sets forth 
information that is proprietary and not customarily disclosed to the 
public, the applicant may request that the Commission treat the 
information as confidential. See 47 CFR 0.459.
    The Commission will continue to consider extension requests 
where the station is facing legal obstacles, where resolution of the 
issue is truly beyond the control of the station. Such circumstances 
may include, for example, where a station is awaiting Commission 
action on an application for a DTV construction permit and action is 
delayed for reasons beyond the station's control (e.g., obtaining 
required governmental approvals such as FAA, Canadian and Mexican 
clearance) or where the Commission's action on the application is 
the subject of a court appeal.
    In addition, the Commission will continue to consider other 
circumstances that are either unforeseeable or beyond the station's 
control. Such circumstances may include, for example, acts of God, 
terrorism, and such natural disasters as floods, tornadoes, 
hurricanes, earthquakes and other calamities that are unforeseeable 
events warranting additional time to construct.
    In responding to this question, the applicant should attest to 
the nature of the problem(s) preventing the timely completion of 
construction and provide a detailed explanation of the reason(s) 
requiring an additional time to construct its station's DTV 
facilities.
    18. Form and Instructions are revised to make non-substantive 
changes necessary to update the form.
    The Federal Communications Commission creates a new FCC Form--
``FCC Form 387: DTV Transition Status Report''--as set forth below:
    19. The new Form will contain the following data elements:

    Note: This Form must be filed by all full-power broadcast 
television stations (licensees and permittees) no later than 
February 18, 2008. Each Licensee/Permittee is responsible for the 
continuing accuracy and completeness of the information furnished in 
this Form. Each Licensee/Permittee must update this Form, as 
necessary, until such Licensee/Permittee reports the completion of 
its transition (i.e., that it has begun operating its full, 
authorized facility as defined in the post-transition DTV Table, 47 
CFR 73.622(i), and accompanying Appendix B). In addition, Each 
Licensee/Permittee that has not reported the completion of its full, 
authorized post-transition facility on this Form on or before 
October 20, 2008, must update this Form to report their current 
status as of that date.

SECTION I--GENERAL INFORMATION

    Item 1. Licensee/Permittee Information: Legal Name of the 
Licensee/Permittee; Mailing Address; City; State or Country (if 
foreign address); ZIP Code; Telephone Number (include area code); E-
Mail Address (if available).
    Item 2. Contact Information (if different from licensee/
permittee): Contact Representative; Firm or Company Name; Mailing 
Address; City; State or Country (if foreign address); ZIP Code; 
Telephone Number (include area code); E-Mail Address (if available).
    Item 3. Station/Facility Information: (a) FCC Registration 
Number; Call Sign; Facility ID Number; Community of License: City, 
State; Network Affiliation (if applicable); (b) Currently Assigned 
Channels: NTSC Channel; Post-Transition DTV Channel; Pre-Transition 
DTV Channel (if different from Post-Transition channel); (c) 
Relevant FCC File No. for Post-Transition Authorization, if on file 
with Commission (or indicate ``Not Yet Filed''); (d) Post-Transition 
Construction Deadline: (i) February 17, 2009 if Pre-Transition DTV 
Channel is different from Post-Transition channel; (ii) Date 30 days 
after the effective date of the amendments to Section 73.624(d) of 
the rules adopted in the Report and Order in the Third DTV Periodic 
Review proceeding, MB Docket No. 07-91; (iii) February 17, 2009 if 
the station demonstrates that it faces a unique technical challenge 
(e.g., side-mounted antenna-related issue) preventing it from 
completing construction of its full, authorized post-transition 
facility; (iv) Expiration date of construction permit or pending 
application for an extension of time to construct a post-transition 
facility.

SECTION II--POST-TRANSITION FACILITY (Complete All Items Unless 
Otherwise Indicated)

    Item 1. Operational Status: Is the Licensee/Permittee now 
operating its fully authorized final, DTV (post-transition) 
facility? [ballot] Yes or [ballot] No (If YES, Licensee/Permittee is 
finished with this Form; If NO, go to Item 2.)
    Item 2. If Item 1 is NO (i.e., not fully operational), then 
indicate operational status of final, DTV (post-transition) facility 
and indicate date Licensee/Permittee expects to begin full, 
authorized post-transition operations: (check one)

[ballot] (i). Licensee/Permittee is operating its post-transition 
facility pursuant to program test authority; see 47 CFR 73.1620(a). 
If checked, indicate date Licensee/Permittee expects to file its 
license to cover (FCC Form 302) application.
[ballot] (ii). Licensee/Permittee is operating its post-transition 
facility pursuant to special temporary authority (STA) or at a 
reduced facility. If checked, indicate power level and percentage of 
analog population covered by reduced facility.
[ballot] (iii). Licensee/Permittee is not operating its post-
transition facility.

    Item 3. Construction Status: Has the Licensee/Permittee 
completed construction of its final, DTV (post-transition) facility? 
[ballot] Yes or [ballot] No (If YES, skip Items 4-5 and go to Item 
6(a); If NO, go to Item 4.)

    Item 4. If Item 3 is NO (i.e., not fully constructed), then 
indicate construction status of final, DTV (post-transition) 
facility and indicate date Licensee/Permittee expects to complete 
construction: (check all that apply)

[ballot] (i). Licensee/Permittee has not begun construction of its 
post-transition facility.
[ballot] (ii). Licensee/Permittee is now constructing its post-
transition facility.
[ballot] (iii). Licensee/Permittee has constructed a reduced post-
transition facility and additional construction is needed to 
complete Licensee/Permittee's fully authorized facility.

    Item 5. Construction Permit Status: Does the Licensee/Permittee 
hold a license or construction permit for its final, DTV (post-
transition) facility? [ballot] Yes or [ballot] No (If YES, then 
indicate relevant FCC File No. and go to Item 6(a); If NO, skip Item 
6(a) and go to Item 6(b)).
    Item 6(a). Does the Licensee/Permittee need to modify its 
license or construction permit in order to match the post-transition 
facilities defined for the Licensee/Permittee in the new DTV Table 
of Allotments, 47 CFR 73.622(i), as adopted in the Seventh Report 
and Order in MB Docket No. 87-268? [ballot] Yes or [ballot] No (If 
YES, go to 6(b); If NO, skip Item 6(b).)
    Item 6(b). Has the Licensee/Permittee filed an application for a 
new or modified construction permit for its final, DTV (post-
transition) facility? [ballot] Yes or [ballot] No (If YES, then 
indicate date filed and relevant FCC File No.; If NO, then indicate 
date Licensee/Permittee expects to file such application.) (NOTE: To 
qualify for expedited processing, the Licensee/Permittee must file 
its application within 45 days of the effective date of Section 
73.616 of the rules adopted in the Third DTV Periodic Review 
proceeding, MB Docket No. 07-91, as well as meet other criteria 
described in that proceeding.)

SECTION III--NEXT STEPS (For Licensee/Permittees That Are Not Fully 
Constructed or Operational)

    At present, Licensee/Permittee has the following needs that must 
be addressed before it can fully construct and operate its final, 
DTV (post-transition) facility: (check all that apply and for all 
checked responses, describe issue and estimated date of resolution.)

[ballot] (i). Licensee/Permittee needs to obtain FCC action on a 
pending application. (If checked, indicate date filed and relevant 
FCC File No.)
[ballot] (ii). Licensee/Permittee needs to obtain international 
government clearance for its post-transition facility.
[ballot] (iii). Licensee/Permittee needs to obtain FAA approval for 
its post-transition facility.
[ballot] (iv). Licensee/Permittee needs to obtain state or local 
governmental approval (e.g., zoning) for post-transition facility.
[ballot] (v). Licensee/Permittee needs to obtain, adjust and/or 
install equipment for its post-transition facility. (If checked, 
specify need below and indicate when equipment was ordered and 
expected delivery date.)
[ballot] (1). New antenna.
[ballot] (2). Adjust or install antenna (except for side-mount 
issue).
[ballot] (3). Switch side-mounted DTV antenna with top-mounted 
analog antenna.

[[Page 5690]]

[ballot] (4). New transmitter.
[ballot] (5). Adjust or install transmitter.
[ballot] (6). General installation of equipment requiring hiring of 
a tower crew.
[ballot] (7). Other equipment needs. (If checked, specify.)
[ballot] (vi). Licensee/Permittee needs to change its tower location 
or construct a new tower.
[ballot] (vii). Licensee/Permittee needs to coordinate its 
transition with other broadcast stations. (If checked, specify Call 
Signs of those other stations.)
[ballot] (viii). Licensee/Permittee has other needs that must be 
addressed before it can fully construct and operate its post-
transition facility. (If checked, specify.)

SECTION IV--ANALOG SERVICE

    Item 1. Status of Analog Service. (Check one.) Note: Full-power 
television broadcast stations must cease broadcasting in analog as 
of the transition date (i.e., February 17, 2009), as required by 
statute; see 47 U.S.C. 309(j)(14).
[ballot] (i). Licensee/Permittee will continue to provide full, 
authorized analog service until the transition date.
[ballot] (ii). Licensee/Permittee has obtained FCC approval to 
reduce its analog service prior to the transition date. If checked, 
indicate relevant FCC File No., date reduced service will begin, 
power level and percentage of population covered by Licensee/
Permittee's analog service.
[ballot] (iii). Licensee/Permittee has obtained FCC approval to 
terminate its analog service prior to the transition date. If 
checked, indicate relevant FCC File No. and date service will cease.
[ballot] (iv). Licensee/Permittee has filed an application with the 
FCC requesting approval to reduce its analog service prior to the 
transition date. If checked, indicate relevant FCC File No., 
proposed date reduced service would begin, proposed power level and 
percentage of population that would be covered by Licensee/
Permittee's proposed reduced analog service.
[ballot] (v). Licensee/Permittee has filed an application with the 
FCC requesting approval to terminate its analog service prior to the 
transition date. If checked, indicate relevant FCC File No. and 
proposed date service will cease.

SECTION V--DTV TRANSITION PLAN (For Licensee/Permittees That Are Not 
Fully Constructed or Operational)

    Licensee/Permittee must describe in detail its plans for ceasing 
analog broadcasting by the February 17, 2009 transition date and for 
completing construction of its post-transition facility by the 
deadline. For example, plan must include a detailed timeline of the 
Licensee/Permittee's plans to complete construction and any 
necessary testing of the Licensee/Permittee's full, authorized post-
transition facility.

SECTION VI--Anti-Drug Abuse Act Certification and Licensee/Permittee's 
Signature

    Note: this Form will be posted on www.fcc.gov and www.dtv.gov.

    20. The Instructions to the new Form will explain the data 
elements noted above.

Appendix D.--List of Stations Identified as Ready To Commence Post-
Transition DTV Operations

----------------------------------------------------------------------------------------------------------------
                                                                             Current                    Post-
    Facility ID           Call sign            Community         State         NTSC     Current DTV   transition
                                                                             channel       channel     channel
----------------------------------------------------------------------------------------------------------------
10173..............  KTUU-TV              ANCHORAGE.........  AK                     2           10           10
804................  KAKM                 ANCHORAGE.........  AK                     7            8            8
49632..............  KTVA                 ANCHORAGE.........  AK                    11           28           28
13813..............  KATN                 FAIRBANKS.........  AK                     2           18           18
8651...............  KTOO                 JUNEAU............  AK                     3           10           10
13814..............  KJUD                 JUNEAU............  AK                     8           11           11
71325..............  WDBB                 BESSEMER..........  AL                    17           18           18
16820..............  WABM                 BIRMINGHAM........  AL                    68           36           36
720................  WIIQ                 DEMOPOLIS.........  AL                    41           19           19
65128..............  WHDF                 FLORENCE..........  AL                    15           14           14
73312..............  WPXH                 GADSDEN...........  AL                    44           45           45
1002...............  WTJP-TV              GADSDEN...........  AL                    60           26           26
74138..............  WTTO                 HOMEWOOD..........  AL                    21           28           28
57292..............  WAAY                 HUNTSVILLE........  AL                    31           32           32
591................  WAFF                 HUNTSVILLE........  AL                    48           49           49
28119..............  WZDX                 HUNTSVILLE........  AL                    54           41           41
710................  WGIQ                 LOUISVILLE........  AL                    43           44           44
4143...............  WALA-TV              MOBILE............  AL                    10            9            9
60827..............  WMPV-TV              MOBILE............  AL                    21           20           20
721................  WEIQ                 MOBILE............  AL                    42           41           41
60829..............  WMCF-TV              MONTGOMERY........  AL                    45           46           46
32851..............  WDFX-TV              OZARK.............  AL                    34           33           33
84802..............  WBIH                 SELMA.............  AL                    29           29           29
2768...............  KETG                 ARKADELPHIA.......  AR                     9           13           13
35692..............  KTVE                 EL DORADO.........  AR                    10           27           27
2767...............  KAFT                 FAYETTEVILLE......  AR                    13            9            9
60354..............  KHOG-TV              FAYETTEVILLE......  AR                    29           15           15
66469..............  KFSM-TV              FORT SMITH........  AR                     5           18           18
29560..............  KFTA-TV              FORT SMITH........  AR                    24           27           27
60353..............  KHBS                 FORT SMITH........  AR                    40           21           21
2769...............  KTEJ                 JONESBORO.........  AR                    19           20           20
33440..............  KARK                 LITTLE ROCK.......  AR                     4           32           32
33543..............  KATV                 LITTLE ROCK.......  AR                     7           22           22
2787...............  KTHV                 LITTLE ROCK.......  AR                    11           12           12
11951..............  KLRT-TV              LITTLE ROCK.......  AR                    16           30           30
2777...............  KEMV                 MOUNTAIN VIEW.....  AR                     6           13           13
607................  KVTN                 PINE BLUFF........  AR                    25           24           24
41212..............  KASN                 PINE BLUFF........  AR                    38           39           39
29557..............  KNWA-TV              ROGERS............  AR                    51           50           50
67347..............  KSBN-TV              SPRINGDALE........  AR                    57           39           39
35104..............  KCFG                 FLAGSTAFF.........  AZ                     9           32           32
40993..............  KTVK                 PHOENIX...........  AZ                     3           24           24
41223..............  KPHO-TV              PHOENIX...........  AZ                     5           17           17
67868..............  KPAZ-TV              PHOENIX...........  AZ                    21           20           20

[[Page 5691]]

 
7143...............  KASW                 PHOENIX...........  AZ                    61           49           49
35095..............  KWBA                 SIERRA VISTA......  AZ                    58           44           44
25735..............  KVOA                 TUCSON............  AZ                     4           23           23
2731...............  KUAT-TV              TUCSON............  AZ                     6           30           30
44052..............  KMSB-TV              TUCSON............  AZ                    11           25           25
48663..............  KOLD-TV              TUCSON............  AZ                    13           32           32
11908..............  KTTU-TV              TUCSON............  AZ                    18           19           19
2722...............  KUAS-TV              TUCSON............  AZ                    27           28           28
24518..............  KDOC-TV              ANAHEIM...........  CA                    56           32           32
8263...............  KAEF                 ARCATA............  CA                    23           22           22
29234..............  KAZA-TV              AVALON............  CA                    54           47           47
34459..............  KGET-TV              BAKERSFIELD.......  CA                    17           25           25
4148...............  KBAK-TV              BAKERSFIELD.......  CA                    29           33           33
63865..............  KHIZ                 BARSTOW...........  CA                    64           44           44
4939...............  KBSV                 CERES.............  CA                    23           15           15
19783..............  KVEA                 CORONA............  CA                    52           39           39
42640..............  KVIQ                 EUREKA............  CA                     6           17           17
55435..............  KEET                 EUREKA............  CA                    13           11           11
58618..............  KBVU                 EUREKA............  CA                    29           28           28
69733..............  KVPT                 FRESNO............  CA                    18           40           40
35594..............  KSEE                 FRESNO............  CA                    24           38           38
56034..............  KGPE                 FRESNO............  CA                    47           34           34
67494..............  KAIL                 FRESNO............  CA                    53            7            7
34439..............  KFTV                 HANFORD...........  CA                    21           20           20
35670..............  KTLA-TV              LOS ANGELES.......  CA                     5           31           31
26231..............  KWHY-TV              LOS ANGELES.......  CA                    22           42           42
38430..............  KLCS                 LOS ANGELES.......  CA                    58           41           41
58609..............  KUVS-TV              MODESTO...........  CA                    19           18           18
26249..............  KION-TV              MONTEREY..........  CA                    46           32           32
35611..............  KSMS-TV              MONTEREY..........  CA                    67           31           31
56384..............  KBEH                 OXNARD............  CA                    63           24           24
58605..............  KCVU                 PARADISE..........  CA                    30           20           20
35512..............  KTFF-TV              PORTERVILLE.......  CA                    61           48           48
55083..............  KXLA                 RANCHO PALOS        CA                    44           51           51
                                           VERDES.
52953..............  KSPX                 SACRAMENTO........  CA                    29           48           48
51499..............  KMAX-TV              SACRAMENTO........  CA                    31           21           21
14867..............  KCBA                 SALINAS...........  CA                    35           13           13
58795..............  KVCR-TV              SAN BERNARDINO....  CA                    24           26           26
6124...............  KPBS                 SAN DIEGO.........  CA                    15           30           30
35277..............  KNSD                 SAN DIEGO.........  CA                    39           40           40
10238..............  KUSI-TV              SAN DIEGO.........  CA                    51           18           18
58827..............  KSWB-TV              SAN DIEGO.........  CA                    69           19           19
33778..............  KDTV                 SAN FRANCISCO.....  CA                    14           51           51
51189..............  KBWB                 SAN FRANCISCO.....  CA                    20           19           19
37511..............  KTSF                 SAN FRANCISCO.....  CA                    26           27           27
71586..............  KCNS                 SAN FRANCISCO.....  CA                    38           39           39
69619..............  KBCW-TV              SAN FRANCISCO.....  CA                    44           45           45
35280..............  KNTV                 SAN JOSE..........  CA                    11           12           12
64987..............  KSTS                 SAN JOSE..........  CA                    48           49           49
35663..............  KTEH                 SAN JOSE..........  CA                    54           50           50
22644..............  KKPX                 SAN JOSE..........  CA                    65           41           41
12930..............  KTAS                 SAN LUIS OBISPO...  CA                    33           34           34
58912..............  KCSM-TV              SAN MATEO.........  CA           ...........           43           43
59013..............  KFRE-TV              SANGER............  CA                    59           36           36
12144..............  KPMR                 SANTA BARBARA.....  CA                    38           21           21
56550..............  KOVR                 STOCKTON..........  CA                    13           25           25
10242..............  KQCA                 STOCKTON..........  CA                    58           46           46
16729..............  KVMD                 TWENTYNINEPALMS...  CA           ...........           23           23
51429..............  KFSF-TV              VALLEJO...........  CA                    66           34           34
14000..............  KJLA                 VENTURA...........  CA                    57           49           49
51488..............  KMPH                 VISALIA...........  CA                    26           28           28
16950..............  KNXT                 VISALIA...........  CA                    49           50           50
57219..............  KTFD-TV              BOULDER...........  CO                    14           15           15
37101..............  KWHD                 CASTLE ROCK.......  CO                    53           46           46
35037..............  KKTV                 COLORADO SPRINGS..  CO                    11           10           10
35991..............  KXRM-TV              COLORADO SPRINGS..  CO                    21           22           22
126................  KDVR                 DENVER............  CO                    31           32           32
20476..............  KRMT                 DENVER............  CO                    41           40           40
48589..............  KREZ-TV              DURANGO...........  CO                     6           15           15
84224..............  KRMU                 DURANGO...........  CO           ...........           20           20
125................  KFCT                 FORT COLLINS......  CO                    22           21           21
70578..............  KREG-TV              GLENWOOD SPRINGS..  CO                     3           23           23

[[Page 5692]]

 
31597..............  KFQX                 GRAND JUNCTION....  CO                     4           15           15
70596..............  KREX-TV              GRAND JUNCTION....  CO                     5            2            2
24766..............  KKCO                 GRAND JUNCTION....  CO                    11           12           12
38375..............  KDEN                 LONGMONT..........  CO                    25           29           29
70579..............  KREY-TV              MONTROSE..........  CO                    10           13           13
59014..............  KOAA                 PUEBLO............  CO                     5           42           42
70493..............  WSAH                 BRIDGEPORT........  CT                    43           42           42
53115..............  WFSB                 HARTFORD..........  CT                     3           33           33
3072...............  WUVN                 HARTFORD..........  CT                    18           46           46
74170..............  WVIT                 NEW BRITAIN.......  CT                    30           35           35
74109..............  WTNH                 NEW HAVEN.........  CT                     8           10           10
33081..............  WCTX                 NEW HAVEN.........  CT                    59           39           39
13595..............  WEDY                 NEW HAVEN.........  CT                    65            6            6
13607..............  WEDN                 NORWICH...........  CT                    53            9            9
65670..............  WETA-TV              WASHINGTON........  DC                    26           27           27
27772..............  WHUT-TV              WASHINGTON........  DC                    32           33           33
72335..............  WDPB                 SEAFORD...........  DE                    64           44           44
51984..............  WPPX                 WILMINGTON........  DE                    61           31           31
51349..............  WPPB-TV              BOCA RATON........  FL                    63           40           40
70649..............  WFTX                 CAPE CORAL........  FL                    36           35           35
11125..............  WCLF                 CLEARWATER........  FL                    22           21           21
53465..............  WKCF                 CLERMONT..........  FL                    18           17           17
6744...............  WBCC                 COCOA.............  FL                    68           30           30
25738..............  WESH                 DAYTONA BEACH.....  FL                     2           11           11
81669..............  WFBD                 DESTIN............  FL           ...........           48           48
22093..............  WINK-TV              FORT MYERS........  FL                    11            9            9
71085..............  WBBH-TV              FORT MYERS........  FL                    20           15           15
29715..............  WTCE-TV              FORT PIERCE.......  FL                    21           38           38
69440..............  WUFT                 GAINESVILLE.......  FL                     5           36           36
16993..............  WCJB-TV              GAINESVILLE.......  FL                    20           16           16
7727...............  WGFL                 HIGH SPRINGS......  FL                    53           28           28
60536..............  WAMI-TV              HOLLYWOOD.........  FL                    69           47           47
53116..............  WJXT                 JACKSONVILLE......  FL                     4           42           42
65046..............  WTLV                 JACKSONVILLE......  FL                    12           13           13
29712..............  WJWB                 JACKSONVILLE......  FL                    17           34           34
11909..............  WAWS                 JACKSONVILLE......  FL                    30           32           32
35576..............  WTEV-TV              JACKSONVILLE......  FL                    47           19           19
29719..............  WJEB-TV              JACKSONVILLE......  FL                    59           44           44
27290..............  WPXP                 LAKE WORTH........  FL                    67           36           36
53819..............  WMOR-TV              LAKELAND..........  FL                    32           19           19
9881...............  WLCB-TV              LEESBURG..........  FL                    45           46           46
60018..............  WACX                 LEESBURG..........  FL                    55           40           40
22245..............  WFXU                 LIVE OAK..........  FL                    57           48           48
67602..............  WOPX                 MELBOURNE.........  FL                    56           48           48
13456..............  WPBT                 MIAMI.............  FL                     2           18           18
47902..............  WFOR-TV              MIAMI.............  FL                     4           22           22
63154..............  WTVJ                 MIAMI.............  FL                     6           31           31
12497..............  WBFS-TV              MIAMI.............  FL                    33           32           32
10203..............  WBZL                 MIAMI.............  FL                    39           19           19
10203..............  WSFL                 MIAMI.............  FL                    39           19           19
67971..............  WHFT-TV              MIAMI.............  FL                    45           46           46
19183..............  WZVN-TV              NAPLES............  FL                    26           41           41
61504..............  WTVK                 NAPLES............  FL                    46           45           45
70651..............  WOGX                 OCALA.............  FL                    51           31           31
11893..............  WJXX                 ORANGE PARK.......  FL                    25           10           10
72076..............  WFTV                 ORLANDO...........  FL                     9           39           39
41225..............  WOFL                 ORLANDO...........  FL                    35           22           22
54940..............  WRBW                 ORLANDO...........  FL                    65           41           41
11123..............  WFGC                 PALM BEACH........  FL                    61           49           49
2942...............  WPGX                 PANAMA CITY.......  FL                    28            9            9
6093...............  WFSG                 PANAMA CITY.......  FL                    56           38           38
71363..............  WEAR-TV              PENSACOLA.........  FL                     3           17           17
17611..............  WSRE                 PENSACOLA.........  FL                    23           31           31
10894..............  WHBR                 PENSACOLA.........  FL                    33           34           34
41210..............  WJTC                 PENSACOLA.........  FL                    44           45           45
21801..............  WFSU-TV              TALLAHASSEE.......  FL                    11           32           32
82735..............  WTLF                 TALLAHASSEE.......  FL           ...........           24           24
64592..............  WFLA-TV              TAMPA.............  FL                     8            7            7
68569..............  WTVT                 TAMPA.............  FL                    13           12           12
69338..............  WUSF-TV              TAMPA.............  FL                    16           34           34
64588..............  WFTS-TV              TAMPA.............  FL                    28           29           29
71580..............  WRXY-TV              TICE..............  FL                    49           33           33

[[Page 5693]]

 
16788..............  WVEA-TV              VENICE............  FL                    62           25           25
52527..............  WPEC                 WEST PALM BEACH...  FL                    12           13           13
39736..............  WFLX                 WEST PALM BEACH...  FL                    29           28           28
61084..............  WXEL-TV              WEST PALM BEACH...  FL                    42           27           27
70815..............  WFXL                 ALBANY............  GA                    31           12           12
48813..............  WUVG-TV              ATHENS............  GA                    34           48           48
23960..............  WSB-TV               ATLANTA...........  GA                     2           39           39
70689..............  WAGA                 ATLANTA...........  GA                     5           27           27
51163..............  WXIA-TV              ATLANTA...........  GA                    11           10           10
64033..............  WTBS                 ATLANTA...........  GA                    17           20           20
22819..............  WATL                 ATLANTA...........  GA                    36           25           25
72120..............  WGCL-TV              ATLANTA...........  GA                    46           19           19
13206..............  WATC                 ATLANTA...........  GA                    57           41           41
6900...............  WUPA                 ATLANTA...........  GA                    69           43           43
27140..............  WJBF                 AUGUSTA...........  GA                     6           42           42
70699..............  WAGT                 AUGUSTA...........  GA                    26           30           30
3228...............  WFXG                 AUGUSTA...........  GA                    54           51           51
69446..............  WGSA                 BAXLEY............  GA                    34           35           35
71236..............  WPXC-TV              BRUNSWICK.........  GA                    21           24           24
3359...............  WRBL                 COLUMBUS..........  GA                     3           15           15
12472..............  WXTX                 COLUMBUS..........  GA                    54           49           49
60825..............  WELF-TV              DALTON............  GA                    23           16           16
58262..............  WGXA                 MACON.............  GA                    24           16           16
43847..............  WMGT                 MACON.............  GA                    41           40           40
24618..............  WGNM                 MACON.............  GA                    64           45           45
68058..............  WHSG-TV              MONROE............  GA                    63           44           44
54728..............  WPGA-TV              PERRY.............  GA                    58           32           32
51969..............  WPXA                 ROME..............  GA                    14           51           51
48662..............  WSAV-TV              SAVANNAH..........  GA                     3           39           39
28155..............  WSWG                 VALDOSTA..........  GA                    44           43           43
34846..............  KHBC-TV              HILO..............  HI                     2           22           22
37103..............  KWHH                 HILO..............  HI                    14           23           23
4144...............  KHON-TV              HONOLULU..........  HI                     2            8            8
64548..............  KITV                 HONOLULU..........  HI                     4           40           40
36846..............  KWHE                 HONOLULU..........  HI                    14           31           31
34527..............  KIKU                 HONOLULU..........  HI                    20           19           19
3246...............  KAAH-TV              HONOLULU..........  HI                    26           27           27
27425..............  KWBN                 HONOLULU..........  HI                    44           43           43
664................  KLEI                 KAILUA KONA.......  HI                     6           25           25
77483..............  KPXO                 KANEOHE...........  HI                    66           41           41
25685..............  KGAN                 CEDAR RAPIDS......  IA                     2           51           51
35336..............  KFXA                 CEDAR RAPIDS......  IA                    28           27           27
21156..............  KPXR                 CEDAR RAPIDS......  IA                    48           47           47
29108..............  KBIN-TV              COUNCIL BLUFFS....  IA                    32           33           33
54011..............  KLJB-TV              DAVENPORT.........  IA                    18           49           49
56527..............  KDSM-TV              DES MOINES........  IA                    17           16           16
35096..............  KWKB                 IOWA CITY.........  IA                    20           25           25
66402..............  KIMT                 MASON CITY........  IA                     3           42           42
29086..............  KYIN                 MASON CITY........  IA                    24           18           18
29085..............  KHIN                 RED OAK...........  IA                    36           35           35
66170..............  KTIV                 SIOUX CITY........  IA                     4           41           41
39665..............  KMEG                 SIOUX CITY........  IA                    14           39           39
29096..............  KSIN-TV              SIOUX CITY........  IA                    27           28           28
29114..............  KRIN                 WATERLOO..........  IA                    32           35           35
62442..............  KAID                 BOISE.............  ID                     4           21           21
59363..............  KNIN-TV              CALDWELL..........  ID                     9           10           10
56028..............  KIDK                 IDAHO FALLS.......  ID                     3           36           36
62382..............  KUID                 MOSCOW............  ID                    35           12           12
1270...............  KPVI                 POCATELLO.........  ID                     6           23           23
5875...............  WYZZ-TV              BLOOMINGTON.......  IL                    43           28           28
42124..............  WCIA                 CHAMPAIGN.........  IL                     3           48           48
25684..............  WICD                 CHAMPAIGN.........  IL                    15           41           41
25684..............  WICD                 CHAMPAIGN.........  IL                    15           41           41
18301..............  WEIU                 CHARLESTON........  IL                    51           50           50
47905..............  WMAQ-TV              CHICAGO...........  IL                     5           29           29
72115..............  WGN-TV               CHICAGO...........  IL                     9           19           19
10802..............  WTTW                 CHICAGO...........  IL                    11           47           47
12279..............  WYCC                 CHICAGO...........  IL                    20           21           21
71428..............  WCIU-TV              CHICAGO...........  IL                    26           27           27
22211..............  WFLD                 CHICAGO...........  IL                    32           31           31
10981..............  WCPX                 CHICAGO...........  IL                    38           43           43
70119..............  WSNS-TV              CHICAGO...........  IL                    44           45           45

[[Page 5694]]

 
70852..............  WAND                 DECATUR...........  IL                    17           18           18
16363..............  WBUI                 DECATUR...........  IL                    23           22           22
70536..............  WSEC                 JACKSONVILLE......  IL                    14           15           15
998................  WWTO-TV              LASALLE...........  IL                    35           10           10
70537..............  WMEC                 MACOMB............  IL                    22           21           21
67786..............  WTCT                 MARION............  IL                    27           17           17
73319..............  WQAD-TV              MOLINE............  IL                     8           38           38
5468...............  WQPT-TV              MOLINE............  IL                    24           23           23
4301...............  WUSI-TV              OLNEY.............  IL                    16           19           19
42121..............  WMBD-TV              PEORIA............  IL                    31           30           30
28311..............  WTVP                 PEORIA............  IL                    47           46           46
71561..............  WQEC                 QUINCY............  IL                    27           34           34
72945..............  WTVO                 ROCKFORD..........  IL                    17           16           16
25686..............  WICS                 SPRINGFIELD.......  IL                    20           42           42
68939..............  WILL-TV              URBANA............  IL                    12            9            9
67787..............  WINM                 ANGOLA............  IN                    63           12           12
56523..............  WTTV                 BLOOMINGTON.......  IN                     4           48           48
66536..............  WTIU                 BLOOMINGTON.......  IN                    30           14           14
10253..............  WIPX                 BLOOMINGTON.......  IN                    63           27           27
13991..............  WFIE                 EVANSVILLE........  IN                    14           46           46
72041..............  WEVV                 EVANSVILLE........  IN                    44           45           45
73905..............  WPTA                 FORT WAYNE........  IN                    21           24           24
13960..............  WISE-TV              FORT WAYNE........  IN                    33           19           19
22108..............  WFWA                 FORT WAYNE........  IN                    39           40           40
48772..............  WPWR-TV              GARY..............  IN                    50           51           51
49803..............  WYIN                 GARY..............  IN                    56           17           17
32334..............  WJYS                 HAMMOND...........  IN                    62           36           36
40877..............  WRTV                 INDIANAPOLIS......  IN                     6           25           25
39269..............  WISH-TV              INDIANAPOLIS......  IN                     8            9            9
41397..............  WFYI                 INDIANAPOLIS......  IN                    20           21           21
37102..............  WHMB-TV              INDIANAPOLIS......  IN                    40           16           16
146................  WXIN                 INDIANAPOLIS......  IN                    59           45           45
73204..............  WLFI-TV              LAFAYETTE.........  IN                    18           11           11
28462..............  WNDY-TV              MARION............  IN                    23           32           32
67869..............  WKOI-TV              RICHMOND..........  IN                    43           39           39
34167..............  WFTE                 SALEM.............  IN                    58           51           51
41674..............  WNDU-TV              SOUTH BEND........  IN                    16           42           42
41671..............  WNIT                 SOUTH BEND........  IN                    34           35           35
36117..............  WHME-TV              SOUTH BEND........  IN                    46           48           48
162115.............  ...................  COLBY.............  KS           ...........           19           19
79258..............  KDCK                 DODGE CITY........  KS           ...........           21           21
60675..............  KOOD                 HAYS..............  KS                     9           16           16
77063..............  KSCC                 HUTCHINSON........  KS                    36           35           35
11912..............  KAAS-TV              SALINA............  KS                    18           17           17
72358..............  KSNW                 WICHITA...........  KS                     3           45           45
11911..............  KSAS-TV              WICHITA...........  KS                    24           26           26
72348..............  KSWC                 WICHITA...........  KS                    33           31           31
34171..............  WKAS                 ASHLAND...........  KY                    25           26           26
27696..............  WLJC-TV              BEATTYVILLE.......  KY                    65            7            7
71861..............  WKYU-TV              BOWLING GREEN.....  KY                    24           18           18
61217..............  WNKY                 BOWLING GREEN.....  KY                    40           16           16
34177..............  WKGB-TV              BOWLING GREEN.....  KY                    53           48           48
34204..............  WCVN-TV              COVINGTON.........  KY                    54           24           24
64017..............  WDKY-TV              DANVILLE..........  KY                    56            4            4
34181..............  WKZT-TV              ELIZABETHTOWN.....  KY                    23           43           43
37809..............  WAGV                 HARLAN............  KY                    44           51           51
34196..............  WKHA                 HAZARD............  KY                    35           16           16
24915..............  WYMT-TV              HAZARD............  KY                    57           12           12
73203..............  WLEX-TV              LEXINGTON.........  KY                    18           39           39
24914..............  WKYT-TV              LEXINGTON.........  KY                    27           13           13
34207..............  WKLE                 LEXINGTON.........  KY                    46           42           42
34211..............  WKON                 LEXINGTON.........  KY                    52           44           44
13989..............  WAVE                 LOUISVILLE........  KY                     3           47           47
21432..............  WKPC-TV              LOUISVILLE........  KY                    15           17           17
73692..............  WBNA                 LOUISVILLE........  KY                    21            8            8
53939..............  WLKY-TV              LOUISVILLE........  KY                    32           26           26
28476..............  WDRB                 LOUISVILLE........  KY                    41           49           49
34195..............  WKMJ-TV              LOUISVILLE........  KY                    68           38           38
34212..............  WKMA-TV              MADISONVILLE......  KY                    35           42           42
34202..............  WKMR                 MOREHEAD..........  KY                    38           15           15
23128..............  WUPX-TV              MOREHEAD..........  KY                    67           21           21
34174..............  WKMU                 MURRAY............  KY                    21           36           36

[[Page 5695]]

 
39738..............  WXIX-TV              NEWPORT...........  KY                    19           29           29
34205..............  WKOH                 OWENSBORO.........  KY                    31           30           30
51991..............  WPSD-TV              PADUCAH...........  KY                     6           32           32
65758..............  WKPD                 PADUCAH...........  KY                    29           41           41
34200..............  WKPI-TV              PIKEVILLE.........  KY                    22           24           24
34222..............  WKSO-TV              SOMERSET..........  KY                    29           14           14
38590..............  KLPA-TV              ALEXANDRIA........  LA                    25           26           26
38586..............  WLPB-TV              BATON ROUGE.......  LA                    27           25           25
70021..............  WVLA                 BATON ROUGE.......  LA                    33           34           34
12520..............  WGMB                 BATON ROUGE.......  LA                    44           45           45
83945..............  WHMM-DT              HAMMOND...........  LA           ...........           42           42
33471..............  KATC                 LAFAYETTE.........  LA                     3           28           28
33471..............  KATC                 LAFAYETTE.........  LA                     3           28           28
33261..............  KADN                 LAFAYETTE.........  LA                    15           16           16
38588..............  KLPB-TV              LAFAYETTE.........  LA                    24           23           23
38587..............  KLTL-TV              LAKE CHARLES......  LA                    18           20           20
74192..............  WWL-TV               NEW ORLEANS.......  LA                     4           36           36
37106..............  WHNO                 NEW ORLEANS.......  LA                    20           21           21
21729..............  WPXL                 NEW ORLEANS.......  LA                    49           50           50
70482..............  KSLA-TV              SHREVEPORT........  LA                    12           17           17
12525..............  KMSS-TV              SHREVEPORT........  LA                    33           34           34
73706..............  KSHV                 SHREVEPORT........  LA                    45           44           44
13938..............  WUPL                 SLIDELL...........  LA                    54           24           24
38584..............  KMCT-TV              WEST MONROE.......  LA                    39           38           38
72099..............  WGBH-TV              BOSTON............  MA                     2           19           19
25456..............  WBZ-TV               BOSTON............  MA                     4           30           30
65684..............  WCVB-TV              BOSTON............  MA                     5           20           20
6463...............  WFXT                 BOSTON............  MA                    25           31           31
72098..............  WGBX-TV              BOSTON............  MA                    44           43           43
7692...............  WBPX                 BOSTON............  MA                    68           32           32
73238..............  WLVI-TV              CAMBRIDGE.........  MA                    56           41           41
41436..............  WMFP                 LAWRENCE..........  MA                    62           18           18
22591..............  WLNE-TV              NEW BEDFORD.......  MA                     6           49           49
3978...............  WLWC                 NEW BEDFORD.......  MA                    28           22           22
6868...............  WWLP                 SPRINGFIELD.......  MA                    22           11           11
6476...............  WDPX                 VINEYARD HAVEN....  MA                    58           40           40
30577..............  WUNI                 WORCESTER.........  MA                    27           29           29
18783..............  WYDN                 WORCESTER.........  MA                    48           47           47
10758..............  WBFF                 BALTIMORE.........  MD                    45           46           46
7933...............  WNUV                 BALTIMORE.........  MD                    54           40           40
40626..............  WFPT                 FREDERICK.........  MD                    62           28           28
65943..............  WWPB                 HAGERSTOWN........  MD                    31           44           44
71218..............  WBOC-TV              SALISBURY.........  MD                    16           21           21
39656..............  WMEA-TV              BIDDEFORD.........  ME                    26           45           45
39649..............  WMED-TV              CALAIS............  ME                    13           10           10
39648..............  WMEB-TV              ORONO.............  ME                    12            9            9
25683..............  WGME-TV              PORTLAND..........  ME                    13           38           38
53065..............  WPXT                 PORTLAND..........  ME                    51           43           43
16530..............  WDCQ-TV              BAD AXE...........  MI                    35           15           15
10212..............  WOTV                 BATTLE CREEK......  MI                    41           20           20
71871..............  WZPX                 BATTLE CREEK......  MI                    43           44           44
41221..............  WNEM-TV              BAY CITY..........  MI                     5           22           22
9922...............  WCMV                 CADILLAC..........  MI                    27           17           17
25396..............  WFQX-TV              CADILLAC..........  MI                    33           47           47
21254..............  WTOM-TV              CHEBOYGAN.........  MI                     4           35           35
53114..............  WDIV-TV              DETROIT...........  MI                     4           45           45
74211..............  WMYD                 DETROIT...........  MI                    20           21           21
16817..............  WTVS                 DETROIT...........  MI                    56           43           43
21737..............  WSMH                 FLINT.............  MI                    66           16           16
36838..............  WOOD-TV              GRAND RAPIDS......  MI                     8            7            7
68433..............  WXMI                 GRAND RAPIDS......  MI                    17           19           19
24784..............  WGVU-TV              GRAND RAPIDS......  MI                    35           11           11
29706..............  WHTV                 JACKSON...........  MI                    18           34           34
24783..............  WGVK                 KALAMAZOO.........  MI                    52            5            5
11033..............  WLLA                 KALAMAZOO.........  MI                    64           45           45
74094..............  WSYM-TV              LANSING...........  MI                    47           38           38
36533..............  WLAJ                 LANSING...........  MI                    53           51           51
21259..............  WLUC-TV              MARQUETTE.........  MI                     6           35           35
455................  WADL                 MOUNT CLEMENS.....  MI                    38           39           39
67781..............  WTLJ                 MUSKEGON..........  MI                    54           24           24
72052..............  WEYI-TV              SAGINAW...........  MI                    25           30           30
67792..............  WAQP                 SAGINAW...........  MI                    49           48           48

[[Page 5696]]

 
49579..............  KAWB                 BRAINERD..........  MN                    22           28           28
132606.............  KCGE-DT              CROOKSTON.........  MN           ...........           16           16
4691...............  KDLH                 DULUTH............  MN                     3           33           33
35525..............  KQDS-TV              DULUTH............  MN                    21           17           17
9629...............  WCCO-TV              MINNEAPOLIS.......  MN                     4           32           32
36395..............  KMWB                 MINNEAPOLIS.......  MN                    23           22           22
35906..............  KXLT-TV              ROCHESTER.........  MN                    47           46           46
35907..............  KPXM                 ST. CLOUD.........  MN                    41           40           40
68594..............  KTCA                 ST. PAUL..........  MN                     2           34           34
71558..............  KSMN                 WORTHINGTON.......  MN                    20           15           15
19593..............  KBSI                 CAPE GIRARDEAU....  MO                    23           22           22
41110..............  KRCG                 JEFFERSON CITY....  MO                    13           12           12
48521..............  KNLJ                 JEFFERSON CITY....  MO                    25           20           20
11291..............  WDAF-TV              KANSAS CITY.......  MO                     4           34           34
41230..............  KCTV                 KANSAS CITY.......  MO                     5           24           24
53843..............  KCPT                 KANSAS CITY.......  MO                    19           18           18
64444..............  KCWE                 KANSAS CITY.......  MO                    29           31           31
59444..............  KSHB-TV              KANSAS CITY.......  MO                    41           42           42
33337..............  KPXE                 KANSAS CITY.......  MO                    50           51           51
33336..............  KSMO-TV              KANSAS CITY.......  MO                    62           47           47
21251..............  KTVO                 KIRKSVILLE........  MO                     3           33           33
4326...............  KMOS-TV              SEDALIA...........  MO                     6           15           15
51102..............  KOZK                 SPRINGFIELD.......  MO                    21           23           23
3659...............  KSFX-TV              SPRINGFIELD.......  MO                    27           28           28
999................  KTAJ-TV              ST. JOSEPH........  MO                    16           21           21
35693..............  KTVI                 ST. LOUIS.........  MO                     2           43           43
35417..............  KPLR-TV              ST. LOUIS.........  MO                    11           26           26
48525..............  KNLC                 ST. LOUIS.........  MO                    24           14           14
56524..............  KDNL-TV              ST. LOUIS.........  MO                    30           31           31
43197..............  WMAH-TV              BILOXI............  MS                    19           16           16
43203..............  WABG-TV              GREENWOOD.........  MS                     6           32           32
60830..............  WBUY-TV              HOLLY SPRINGS.....  MS                    40           41           41
21250..............  WDAM-TV              LAUREL............  MS                     7           28           28
24314..............  WGBC                 MERIDIAN..........  MS                    30           31           31
16539..............  WNTZ                 NATCHEZ...........  MS                    48           49           49
35694..............  KTVQ                 BILLINGS..........  MT                     2           10           10
5243...............  KSVI                 BILLINGS..........  MT                     6           18           18
35724..............  KULR-TV              BILLINGS..........  MT                     8           11           11
35567..............  KRTV                 GREAT FALLS.......  MT                     3            7            7
34412..............  KFBB-TV              GREAT FALLS.......  MT                     5            8            8
68717..............  KMTF                 HELENA............  MT                    10           29           29
35455..............  KPAX-TV              MISSOULA..........  MT                     8            7            7
69300..............  WUNF-TV              ASHEVILLE.........  NC                    33           25           25
70149..............  WASV-TV              ASHEVILLE.........  NC                    62           45           45
65074..............  WGPX                 BURLINGTON........  NC                    16           14           14
30826..............  WBTV                 CHARLOTTE.........  NC                     3           23           23
74070..............  WSOC-TV              CHARLOTTE.........  NC                     9           34           34
49157..............  WCCB                 CHARLOTTE.........  NC                    18           27           27
32326..............  WCNC-TV              CHARLOTTE.........  NC                    36           22           22
10645..............  WTVI                 CHARLOTTE.........  NC                    42           11           11
69292..............  WUND-TV              EDENTON...........  NC                     2           20           20
21245..............  WFPX                 FAYETTEVILLE......  NC                    62           36           36
72064..............  WFMY-TV              GREENSBORO........  NC                     2           51           51
25544..............  WUPN-TV              GREENSBORO........  NC                    48           33           33
54452..............  WLXI-TV              GREENSBORO........  NC                    61           43           43
57838..............  WNCT-TV              GREENVILLE........  NC                     9           10           10
69149..............  WUNK-TV              GREENVILLE........  NC                    25           23           23
65919..............  WHKY-TV              HICKORY...........  NC                    14           40           40
37971..............  WPXU-TV              JACKSONVILLE......  NC                    35           34           34
12793..............  WAXN-TV              KANNAPOLIS........  NC                    64           50           50
35385..............  WTWB-TV              LEXINGTON.........  NC                    20           19           19
35385..............  WCWG                 LEXINGTON.........  NC                    20           19           19
64611..............  WRAZ                 RALEIGH...........  NC                    50           49           49
20590..............  WRPX                 ROCKY MOUNT.......  NC                    47           15           15
48666..............  WECT                 WILMINGTON........  NC                     6           44           44
72871..............  WSFX-TV              WILMINGTON........  NC                    26           30           30
69332..............  WUNJ-TV              WILMINGTON........  NC                    39           29           29
10133..............  WRAY-TV              WILSON............  NC                    30           42           42
53921..............  WXII-TV              WINSTON-SALEM.....  NC                    12           31           31
414................  WXLV-TV              WINSTON-SALEM.....  NC                    45           29           29
53324..............  KBME-TV              BISMARCK..........  ND                     3           22           22
41427..............  KFYR-TV              BISMARCK..........  ND                     5           31           31

[[Page 5697]]

 
55684..............  KXMA-TV              DICKINSON.........  ND                     2           19           19
53315..............  KJRE                 ELLENDALE.........  ND                    19           20           20
22129..............  WDAY-TV              FARGO.............  ND                     6           21           21
61961..............  KVLY-TV              FARGO.............  ND                    11           44           44
53313..............  KSRE                 MINOT.............  ND                     6           40           40
49134..............  KXJB-TV              VALLEY CITY.......  ND                     4           38           38
53318..............  KWSE                 WILLISTON.........  ND                     4           51           51
55683..............  KXMD-TV              WILLISTON.........  ND                    11           14           14
47987..............  KHNE-TV              HASTINGS..........  NE                    29           28           28
47975..............  KLNE-TV              LEXINGTON.........  NE                     3           26           26
72362..............  KSNK                 MCCOOK............  NE                     8           12           12
65528..............  WOWT-TV              OMAHA.............  NE                     6           22           22
53903..............  KETV                 OMAHA.............  NE                     7           20           20
47974..............  KYNE-TV              OMAHA.............  NE                    26           17           17
51491..............  KPTM                 OMAHA.............  NE                    42           43           43
17683..............  KDUH-TV              SCOTTSBLUFF.......  NE                     4            7            7
48406..............  WPXG                 CONCORD...........  NH                    21           33           33
51864..............  WNEU                 MERRIMACK.........  NH                    60           34           34
23142..............  WWSI                 ATLANTIC CITY.....  NJ                    62           49           49
9739...............  WMCN-TV              ATLANTIC CITY.....  NJ           ...........           44           44
7623...............  WGTW-TV              BURLINGTON........  NJ                    48           27           27
48481..............  WNJS                 CAMDEN............  NJ                    23           22           22
48477..............  WNJN                 MONTCLAIR.........  NJ                    50           51           51
43952..............  WMBC-TV              NEWTON............  NJ                    63           18           18
74215..............  WXTV                 PATERSON..........  NJ                    41           40           40
20818..............  WFME-TV              WEST MILFORD......  NJ                    66           29           29
61111..............  WMGM-TV              WILDWOOD..........  NJ                    40           36           36
35313..............  KOB-TV               ALBUQUERQUE.......  NM                     4           26           26
55528..............  KNME-TV              ALBUQUERQUE.......  NM                     5           35           35
993................  KNAT-TV              ALBUQUERQUE.......  NM                    23           24           24
1151...............  KAZQ                 ALBUQUERQUE.......  NM                    32           17           17
55049..............  KASY-TV              ALBUQUERQUE.......  NM                    50           45           45
55516..............  KRWG-TV              LAS CRUCES........  NM                    22           23           23
18338..............  KENW                 PORTALES..........  NM                     3           32           32
32311..............  KASA-TV              SANTA FE..........  NM                     2           27           27
60793..............  KCHF                 SANTA FE..........  NM                    11           10           10
76268..............  KWBQ                 SANTA FE..........  NM                    19           29           29
84215..............  KNMD-TV              SANTA FE..........  NM           ...........            9            9
35870..............  KVVU-TV              HENDERSON.........  NV                     5            9            9
69677..............  KVBC                 LAS VEGAS.........  NV                     3            2            2
35042..............  KLAS-TV              LAS VEGAS.........  NV                     8            7            7
11683..............  KLVX                 LAS VEGAS.........  NV                    10           11           11
67089..............  KINC                 LAS VEGAS.........  NV                    15           16           16
10179..............  KVWB                 LAS VEGAS.........  NV                    21           22           22
10195..............  KFBT                 LAS VEGAS.........  NV                    33           29           29
10179..............  KVMY                 LAS VEGAS.........  NV                    21           22           22
10195..............  KVCW                 LAS VEGAS.........  NV                    33           29           29
63768..............  KBLR                 PARADISE..........  NV                    39           40           40
59139..............  KTVN                 RENO..............  NV                     2           13           13
60307..............  KRNV                 RENO..............  NV                     4            7            7
63331..............  KOLO-TV              RENO..............  NV                     8            9            9
48360..............  KRXI-TV              RENO..............  NV                    11           44           44
73363..............  WNYT                 ALBANY............  NY                    13           12           12
13933..............  WYPX                 AMSTERDAM.........  NY                    55           50           50
23337..............  WBNG-TV              BINGHAMTON........  NY                    12            7            7
62210..............  WICZ                 BINGHAMTON........  NY                    40            8            8
74034..............  WSKG-TV              BINGHAMTON........  NY                    46           42           42
64547..............  WGRZ-TV              BUFFALO...........  NY                     2           33           33
7780...............  WIVB-TV              BUFFALO...........  NY                     4           39           39
54176..............  WKBW                 BUFFALO...........  NY                     7           38           38
71905..............  WNLO                 BUFFALO...........  NY                    23           32           32
415................  WUTV                 BUFFALO...........  NY                    29           14           14
67784..............  WNYO-TV              BUFFALO...........  NY                    49           34           34
74156..............  WRNN-TV              KINGSTON..........  NY           ...........           48           48
57476..............  WPTZ                 NORTH POLE........  NY                     5           14           14
46755..............  WCFE-TV              PLATTSBURGH.......  NY                    57           38           38
67993..............  WTBY-TV              POUGHKEEPSIE......  NY                    54           27           27
73964..............  WROC                 ROCHESTER.........  NY                     8           45           45
57274..............  WXXI-TV              ROCHESTER.........  NY                    21           16           16
413................  WUHF                 ROCHESTER.........  NY                    31           28           28
73263..............  WMHT                 SCHENECTADY.......  NY                    17           34           34
73264..............  WCWN                 SCHENECTADY.......  NY                    45           43           43

[[Page 5698]]

 
60553..............  WFTY-TV              SMITHTOWN.........  NY                    67           23           23
74151..............  WTVH                 SYRACUSE..........  NY                     5           47           47
73113..............  WSYR-TV              SYRACUSE..........  NY                     9           17           17
53734..............  WCNY-TV              SYRACUSE..........  NY                    24           25           25
58725..............  WNYS-TV              SYRACUSE..........  NY                    43           44           44
40758..............  WSYT                 SYRACUSE..........  NY                    68           19           19
60654..............  WKTV                 UTICA.............  NY                     2           29           29
57837..............  WUTR                 UTICA.............  NY                    20           30           30
16747..............  WWTI                 WATERTOWN.........  NY                    50           21           21
49421..............  WEAO                 AKRON.............  OH                    49           50           50
72958..............  WBNX-TV              AKRON.............  OH                    55           30           30
50147..............  WOUB-TV              ATHENS............  OH                    20           27           27
50141..............  WOUC-TV              CAMBRIDGE.........  OH                    44           35           35
67893..............  WDLI-TV              CANTON............  OH                    17           39           39
43870..............  WOAC                 CANTON............  OH                    67           47           47
21158..............  WWHO                 CHILLICOTHE.......  OH                    53           46           46
46979..............  WLWT                 CINCINNATI........  OH                     5           35           35
65666..............  WCET                 CINCINNATI........  OH                    48           34           34
60556..............  WQHS-TV              CLEVELAND.........  OH                    61           34           34
50781..............  WCMH-TV              COLUMBUS..........  OH                     4           14           14
56549..............  WSYX                 COLUMBUS..........  OH                     6           13           13
71217..............  WBNS-TV              COLUMBUS..........  OH                    10           21           21
74137..............  WTTE                 COLUMBUS..........  OH                    28           36           36
66185..............  WOSU-TV              COLUMBUS..........  OH                    34           38           38
65690..............  WDTN                 DAYTON............  OH                     2           50           50
41458..............  WHIO-TV              DAYTON............  OH                     7           41           41
73155..............  WKEF                 DAYTON............  OH                    22           51           51
411................  WRGT-TV              DAYTON............  OH                    45           30           30
8532...............  WUAB                 LORAIN............  OH                    43           28           28
41893..............  WMFD-TV              MANSFIELD.........  OH                    68           12           12
11118..............  WSFJ-TV              NEWARK............  OH                    51           24           24
25065..............  WPTO                 OXFORD............  OH                    14           28           28
66190..............  WPBO                 PORTSMOUTH........  OH                    42           43           43
39746..............  WOIO                 SHAKER HEIGHTS....  OH                    19           10           10
73354..............  WNWO-TV              TOLEDO............  OH                    24           49           49
19190..............  WUPW                 TOLEDO............  OH                    36           46           46
72062..............  WFMJ-TV              YOUNGSTOWN........  OH                    21           20           20
61216..............  WHIZ-TV              ZANESVILLE........  OH                    18           40           40
35666..............  KTEN                 ADA...............  OK                    10           26           26
50194..............  KWET                 CHEYENNE..........  OK                    12            8            8
57431..............  KRSC-DT              CLAREMORE.........  OK                    35           36           36
50198..............  KOET                 EUFAULA...........  OK                     3           31           31
35645..............  KSWO-TV              LAWTON............  OK                     7           11           11
66222..............  KFOR-TV              OKLAHOMA CITY.....  OK                     4           27           27
67999..............  KTBO-TV              OKLAHOMA CITY.....  OK                    14           15           15
35388..............  KOKH-TV              OKLAHOMA CITY.....  OK                    25           24           24
50170..............  KOCB                 OKLAHOMA CITY.....  OK                    34           33           33
2566...............  KOPX                 OKLAHOMA CITY.....  OK                    62           50           50
7078...............  KTPX                 OKMULGEE..........  OK                    44           28           28
77480..............  KTUZ-TV              SHAWNEE...........  OK                    30           29           29
35685..............  KTUL                 TULSA.............  OK                     8           10           10
11910..............  KOKI-TV              TULSA.............  OK                    23           22           22
54420..............  KTFO                 TULSA.............  OK                    41           42           42
50588..............  KOAB-TV              BEND..............  OR                     3           11           11
35183..............  KUCW                 COOS BAY..........  OR                    23           22           22
35189..............  KMTR                 EUGENE............  OR                    16           17           17
50591..............  KEPB-TV              EUGENE............  OR                    28           29           29
8322...............  KLSR-TV              EUGENE............  OR                    34           31           31
8284...............  KOTI                 KLAMATH FALLS.....  OR                     2           13           13
21649..............  KATU                 PORTLAND..........  OR                     2           43           43
35380..............  KOIN                 PORTLAND..........  OR                     6           40           40
61551..............  KPIC                 ROSEBURG..........  OR                     4           19           19
31437..............  KTVC                 ROSEBURG..........  OR                    36           18           18
35187..............  KTWC                 ROSEBURG..........  OR                    46           45           45
10192..............  KWBP                 SALEM.............  OR                    32           33           33
10192..............  KRCW                 SALEM.............  OR                    32           33           33
39884..............  WFMZ-TV              ALLENTOWN.........  PA                    69           46           46
23341..............  WTAJ-TV              ALTOONA...........  PA                    10           32           32
20287..............  WATM-TV              ALTOONA...........  PA                    23           24           24
60850..............  WBPH-TV              BETHLEHEM.........  PA                    60            9            9
49711..............  WSEE-TV              ERIE..............  PA                    35           16           16
13924..............  WPCB-TV              GREENSBURG........  PA                    40           50           50

[[Page 5699]]

 
73375..............  WOLF                 HAZLETON..........  PA                    56           45           45
73120..............  WJAC-TV              JOHNSTOWN.........  PA                     6           34           34
23338..............  WLYH-TV              LANCASTER.........  PA                    15           23           23
25453..............  KYW-TV               PHILADELPHIA......  PA                     3           26           26
51568..............  WTXF-TV              PHILADELPHIA......  PA                    29           42           42
12499..............  WPSG                 PHILADELPHIA......  PA                    57           32           32
25454..............  KDKA-TV              PITTSBURGH........  PA                     2           25           25
65681..............  WTAE-TV              PITTSBURGH........  PA                     4           51           51
73910..............  WPXI                 PITTSBURGH........  PA                    11           48           48
73907..............  WPMY                 PITTSBURGH........  PA                    22           42           42
73875..............  WPGH-TV              PITTSBURGH........  PA                    53           43           43
55305..............  WTVE                 READING...........  PA                    51           25           25
73318..............  WNEP-TV              SCRANTON..........  PA                    16           49           49
17010..............  WYOU                 SCRANTON..........  PA                    22           13           13
47929..............  WVIA-TV              SCRANTON..........  PA                    44           41           41
64690..............  WQPX                 SCRANTON..........  PA                    64           32           32
71225..............  WBRE-TV              WILKES-BARRE......  PA                    28           11           11
10213..............  WPMT                 YORK..............  PA                    43           47           47
61573..............  WVEO                 AGUADILLA.........  PR                    44           17           17
54443..............  WRFB                 CAROLINA..........  PR                    52           51           51
18410..............  WIDP                 GUAYAMA...........  PR                    46           45           45
53863..............  WIPM-DT              MAYAGUEZ..........  PR                     3           35           35
2175...............  WQTO                 PONCE.............  PR                    26           25           25
29000..............  WVOZ-TV              PONCE.............  PR                    48           47           47
52073..............  WAPA-TV              SAN JUAN..........  PR                     4           27           27
28954..............  WTCV                 SAN JUAN..........  PR                    18           32           32
58340..............  WJPX                 SAN JUAN..........  PR                    24           21           21
50063..............  WPXQ                 BLOCK ISLAND......  RI                    69           17           17
47404..............  WPRI-TV              PROVIDENCE........  RI                    12           13           13
56092..............  WSBE-TV              PROVIDENCE........  RI                    36           21           21
61003..............  WEBA-TV              ALLENDALE.........  SC                    14           33           33
61007..............  WJWJ-TV              BEAUFORT..........  SC                    16           44           44
10587..............  WCBD-TV              CHARLESTON........  SC                     2           50           50
21536..............  WCIV                 CHARLESTON........  SC                     4           34           34
71297..............  WCSC-TV              CHARLESTON........  SC                     5           47           47
37176..............  WLTX                 COLUMBIA..........  SC                    19           17           17
60963..............  WOLO-TV              COLUMBIA..........  SC                    25            8            8
61013..............  WRLK-TV              COLUMBIA..........  SC                    35           32           32
61004..............  WHMC                 CONWAY............  SC                    23            9            9
17012..............  WPDE-TV              FLORENCE..........  SC                    15           16           16
61008..............  WJPM-TV              FLORENCE..........  SC                    33           45           45
61010..............  WNTV                 GREENVILLE........  SC                    29            9            9
60931..............  WNEH                 GREENWOOD.........  SC                    38           18           18
9054...............  WFXB                 MYRTLE BEACH......  SC                    43           18           18
61009..............  WNSC-TV              ROCK HILL.........  SC                    30           15           15
61011..............  WRET-TV              SPARTANBURG.......  SC                    49           43           43
61012..............  WRJA-TV              SUMTER............  SC                    27           28           28
40902..............  WKTC                 SUMTER............  SC                    63           39           39
17686..............  KHSD-TV              LEAD..............  SD                    11           10           10
48660..............  KPRY                 PIERRE............  SD                     4           19           19
17688..............  KOTA-TV              RAPID CITY........  SD                     3            2            2
41969..............  KCLO-TV              RAPID CITY........  SD                    15           16           16
41964..............  KPLO-TV              RELIANCE..........  SD                     6           13           13
60728..............  KCSD                 SIOUX FALLS.......  SD                    23           24           24
55379..............  KDLT-TV              SIOUX FALLS.......  SD                    46           47           47
61072..............  KUSD                 VERMILLION........  SD                     2           34           34
59137..............  WRCB-TV              CHATTANOOGA.......  TN                     3           13           13
65667..............  WTCI                 CHATTANOOGA.......  TN                    45           29           29
71353..............  WDSI                 CHATTANOOGA.......  TN                    61           40           40
72060..............  WFLI-TV              CLEVELAND.........  TN                    53           42           42
28468..............  WNPX                 COOKEVILLE........  TN                    28           36           36
40761..............  WEMT                 GREENEVILLE.......  TN                    39           38           38
60820..............  WPGD-TV              HENDERSONVILLE....  TN                    50           51           51
52628..............  WPXK                 JELLICO...........  TN                    54           23           23
71082..............  WATE-TV              KNOXVILLE.........  TN                     6           26           26
35908..............  WVLT-TV              KNOXVILLE.........  TN                     8           30           30
18267..............  WKOP-TV              KNOXVILLE.........  TN                    15           17           17
19200..............  WTNZ                 KNOXVILLE.........  TN                    43           34           34
83931..............  WMAK                 KNOXVILLE.........  TN           ...........            7            7
42061..............  WKNO                 MEMPHIS...........  TN                    10           29           29
11907..............  WPTY-TV              MEMPHIS...........  TN                    24           25           25
68518..............  WLMT                 MEMPHIS...........  TN                    30           31           31

[[Page 5700]]

 
21726..............  WPXX-TV              MEMPHIS...........  TN                    50           51           51
11117..............  WHTN                 MURFREESBORO......  TN                    39           38           38
73188..............  WKRN-TV              NASHVILLE.........  TN                     2           27           27
418................  WZTV                 NASHVILLE.........  TN                    17           15           15
9971...............  WUXP-TV              NASHVILLE.........  TN                    30           21           21
73310..............  WNAB                 NASHVILLE.........  TN                    58           23           23
18252..............  WETP-TV              SNEEDVILLE........  TN                     2           41           41
306................  KRBC-TV              ABILENE...........  TX                     9           29           29
59988..............  KTAB-TV              ABILENE...........  TX                    32           24           24
60537..............  KFTH-TV              ALVIN.............  TX                    67           36           36
1236...............  KACV-TV              AMARILLO..........  TX                     2            8            8
68834..............  KPXD                 ARLINGTON.........  TX                    68           42           42
8564...............  KLRU                 AUSTIN............  TX                    18           22           22
35867..............  KVUE                 AUSTIN............  TX                    24           33           33
35920..............  KXAN-TV              AUSTIN............  TX                    36           21           21
33691..............  KEYE-TV              AUSTIN............  TX                    42           43           43
144................  KNVA                 AUSTIN............  TX                    54           49           49
22589..............  KFDM-TV              BEAUMONT..........  TX                     6           21           21
12896..............  KITU-TV              BEAUMONT..........  TX                    34           33           33
83715..............  KEYU                 BORGER............  TX           ...........           31           31
12523..............  KVEO                 BROWNSVILLE.......  TX                    23           24           24
58835..............  KPXB                 CONROE............  TX                    49            5            5
28324..............  KTBU                 CONROE............  TX                    55           42           42
10188..............  KIII                 CORPUS CHRISTI....  TX                     3            8            8
25559..............  KRIS-DT              CORPUS CHRISTI....  TX                     6           13           13
64877..............  KORO                 CORPUS CHRISTI....  TX                    28           27           27
49324..............  KERA-TV              DALLAS............  TX                    13           14           14
17037..............  KDFI                 DALLAS............  TX                    27           36           36
22201..............  KDAF                 DALLAS............  TX                    33           32           32
35994..............  KXTX-TV              DALLAS............  TX                    39           40           40
73701..............  KMPX                 DECATUR...........  TX                    29           30           30
49326..............  KDTN                 DENTON............  TX                     2           43           43
32621..............  KVAW                 EAGLE PASS........  TX                    16           18           18
33764..............  KDBC-TV              EL PASO...........  TX                     4           18           18
33716..............  KFOX-TV              EL PASO...........  TX                    14           15           15
51708..............  KINT-TV              EL PASO...........  TX                    26           25           25
68753..............  KTFN                 EL PASO...........  TX                    65           51           51
51517..............  KTXA                 FORT WORTH........  TX                    21           18           18
64984..............  KTMD                 GALVESTON.........  TX                    47           48           48
42359..............  KTAQ                 GREENVILLE........  TX                    47           46           46
34457..............  KGBT-TV              HARLINGEN.........  TX                     4           31           31
12913..............  KLUJ-TV              HARLINGEN.........  TX                    44           34           34
56079..............  KMBH                 HARLINGEN.........  TX                    60           38           38
53117..............  KPRC-TV              HOUSTON...........  TX                     2           35           35
12895..............  KETH-TV              HOUSTON...........  TX                    14           24           24
51569..............  KTXH                 HOUSTON...........  TX                    20           19           19
23394..............  KHCW                 HOUSTON...........  TX                    39           38           38
69531..............  KZJL                 HOUSTON...........  TX                    61           44           44
60534..............  KSTR-TV              IRVING............  TX                    49           48           48
55643..............  KETK-TV              JACKSONVILLE......  TX                    56           22           22
51518..............  KRRT                 KERRVILLE.........  TX                    35           32           32
51479..............  KLDO-TV              LAREDO............  TX                    27           19           19
70917..............  KFXK                 LONGVIEW..........  TX                    51           31           31
65355..............  KTXT-TV              LUBBOCK...........  TX                     5           39           39
55031..............  KJTV-TV              LUBBOCK...........  TX                    34           35           35
69692..............  KNVO                 MC ALLEN..........  TX                    48           49           49
55644..............  KYTX                 NACOGDOCHES.......  TX                    19           18           18
12524..............  KPEJ                 ODESSA............  TX                    24           23           23
27300..............  KHCE-TV              SAN ANTONIO.......  TX                    23           16           16
56528..............  KABB                 SAN ANTONIO.......  TX                    29           30           30
64969..............  KVDA                 SAN ANTONIO.......  TX                    60           38           38
10245..............  KCEN-TV              TEMPLE............  TX                     6            9            9
35648..............  KTAL-TV              TEXARKANA.........  TX                     6           15           15
35846..............  KVCT                 VICTORIA..........  TX                    19           11           11
73101..............  KAVU-TV              VICTORIA..........  TX                    25           15           15
9781...............  KXXV                 WACO..............  TX                    25           26           26
6673...............  KWBU-TV              WACO..............  TX                    34           20           20
43328..............  KRGV-TV              WESLACO...........  TX                     5           13           13
69582..............  KUEN                 OGDEN.............  UT                     9           36           36
1136...............  KUWB                 OGDEN.............  UT                    30           48           48
57884..............  KUPX                 PROVO.............  UT                    16           29           29
82576..............  KUES                 RICHFIELD.........  UT           ...........           19           19

[[Page 5701]]

 
35823..............  KUTV                 SALT LAKE CITY....  UT                     2           34           34
68889..............  KTVX                 SALT LAKE CITY....  UT                     4           40           40
6359...............  KSL-TV               SALT LAKE CITY....  UT                     5           38           38
69396..............  KUED                 SALT LAKE CITY....  UT                     7           42           42
35822..............  KUSG                 ST. GEORGE........  UT                    12            9            9
82585..............  KUEW                 ST. GEORGE........  UT           ...........           18           18
69532..............  WFDC-TV              ARLINGTON.........  VA                    14           15           15
10897..............  WUPV                 ASHLAND...........  VA                    65           47           47
70309..............  WVIR-TV              CHARLOTTESVILLE...  VA                    29           32           32
9990...............  WHTJ                 CHARLOTTESVILLE...  VA                    41           46           46
66378..............  WVPY                 FRONT ROYAL.......  VA                    42           21           21
10019..............  WNVT                 GOLDVEIN..........  VA           ...........           30           30
37808..............  WLFG                 GRUNDY............  VA                    68           49           49
25932..............  WHRO-TV              HAMPTON-NORFOLK...  VA                    15           16           16
5982...............  WMSY-TV              MARION............  VA                    52           42           42
47401..............  WTKR                 NORFOLK...........  VA                     3           40           40
67077..............  WPXV                 NORFOLK...........  VA                    49           46           46
5985...............  WSBN-TV              NORTON............  VA                    47           32           32
74416..............  WRIC-TV              PETERSBURG........  VA                     8           22           22
71127..............  WAVY-TV              PORTSMOUTH........  VA                    10           31           31
9762...............  WGNT                 PORTSMOUTH........  VA                    27           50           50
57832..............  WTVR-TV              RICHMOND..........  VA                     6           25           25
9987...............  WCVE-TV              RICHMOND..........  VA                    23           42           42
412................  WRLH-TV              RICHMOND..........  VA                    35           26           26
9989...............  WCVW                 RICHMOND..........  VA                    57           44           44
5981...............  WBRA-TV              ROANOKE...........  VA                    15            3            3
24813..............  WFXR-TV              ROANOKE...........  VA                    27           17           17
70251..............  WPXR                 ROANOKE...........  VA                    38           36           36
60111..............  WVPT                 STAUNTON..........  VA                    51           11           11
65387..............  WVBT                 VIRGINIA BEACH....  VA                    43           29           29
70287..............  WTJX-TV              CHARLOTTE AMALIE..  VI                    12           44           44
83270..............  WZVI                 CHARLOTTE AMALIE..  VI           ...........           43           43
11259..............  WVNY                 BURLINGTON........  VT                    22           13           13
69944..............  WETK                 BURLINGTON........  VT                    33           32           32
10132..............  WFFF-TV              BURLINGTON........  VT                    44           43           43
73344..............  WNNE                 HARTFORD..........  VT                    31           25           25
69946..............  WVER                 RUTLAND...........  VT                    28            9            9
69940..............  WVTB                 ST. JOHNSBURY.....  VT                    20           18           18
69943..............  WVTA                 WINDSOR...........  VT                    41           24           24
4624...............  KWOG                 BELLEVUE..........  WA                    51           50           50
53586..............  KBCB                 BELLINGHAM........  WA                    24           19           19
62468..............  KCKA                 CENTRALIA.........  WA                    15           19           19
35396..............  KONG-TV              EVERETT...........  WA                    16           31           31
71023..............  KTNW                 RICHLAND..........  WA                    31           38           38
34847..............  KING-TV              SEATTLE...........  WA                     5           48           48
66781..............  KIRO-TV              SEATTLE...........  WA                     7           39           39
34868..............  KREM-TV              SPOKANE...........  WA                     2           20           20
61978..............  KXLY-TV              SPOKANE...........  WA                     4           13           13
61956..............  KSPS-TV              SPOKANE...........  WA                     7            8            8
35606..............  KSKN                 SPOKANE...........  WA                    22           36           36
67950..............  KTBW-TV              TACOMA............  WA                    20           14           14
62469..............  KBTC-TV              TACOMA............  WA                    28           27           27
35419..............  KWDK                 TACOMA............  WA                    56           42           42
2506...............  KAPP                 YAKIMA............  WA                    35           14           14
33752..............  KYVE                 YAKIMA............  WA                    47           21           21
86496..............  WTPX                 ANTIGO............  WI           ...........           46           46
77789..............  WYOW                 EAGLE RIVER.......  WI                    34           28           28
74417..............  WBAY-TV              GREEN BAY.........  WI                     2           23           23
9635...............  WFRV-TV              GREEN BAY.........  WI                     5           39           39
18798..............  WPNE                 GREEN BAY.........  WI                    38           42           42
26025..............  WBUW                 JANESVILLE........  WI                    57           32           32
37104..............  WPXE                 KENOSHA...........  WI                    55           40           40
65143..............  WISC-TV              MADISON...........  WI                     3           50           50
6870...............  WMTV                 MADISON...........  WI                    15           19           19
6096...............  WHA-TV               MADISON...........  WI                    21           20           20
64545..............  WKOW-TV              MADISON...........  WI                    27           26           26
10221..............  WMSN-TV              MADISON...........  WI                    47           11           11
68547..............  WWRS-TV              MAYVILLE..........  WI                    52           43           43
18793..............  WHWC-TV              MENOMONIE.........  WI                    28           27           27
42663..............  WMVS                 MILWAUKEE.........  WI                    10            8            8
65680..............  WISN-TV              MILWAUKEE.........  WI                    12           34           34
71278..............  WCGV-TV              MILWAUKEE.........  WI                    24           25           25

[[Page 5702]]

 
72342..............  WVCY-TV              MILWAUKEE.........  WI                    30           22           22
42665..............  WMVT                 MILWAUKEE.........  WI                    36           35           35
71427..............  WDJT-TV              MILWAUKEE.........  WI                    58           46           46
68545..............  WJJA                 RACINE............  WI                    49           48           48
49699..............  WJFW-TV              RHINELANDER.......  WI                    12           16           16
33658..............  KBJR-TV              SUPERIOR..........  WI                     6           19           19
73042..............  WIWB                 SURING............  WI                    14           21           21
73036..............  WHRM-TV              WAUSAU............  WI                    20           24           24
74176..............  WVVA                 BLUEFIELD.........  WV                     6           46           46
71280..............  WCHS-TV              CHARLESTON........  WV                     8           41           41
417................  WVAH-TV              CHARLESTON........  WV                    11           19           19
73189..............  WLPX-TV              CHARLESTON........  WV                    29           39           39
74169..............  WVNS-TV              LEWISBURG.........  WV                    59            8            8
23264..............  WWPX                 MARTINSBURG.......  WV                    60           12           12
66804..............  WOAY-TV              OAK HILL..........  WV                     4           50           50
4685...............  WTAP-TV              PARKERSBURG.......  WV                    15           49           49
18287..............  KDEV                 CHEYENNE..........  WY                    33           11           11
10036..............  KCWC-TV              LANDER............  WY                     4            8            8
17680..............  KSGW-TV              SHERIDAN..........  WY                    12           13           13
----------------------------------------------------------------------------------------------------------------

Appendix E: Final Regulatory Flexibility Act Analysis [Reserved]

[Note: The Final Regulatory Flexibility Act Analysis, which was 
contained in Appendix E of the Report and Order (FCC 07-228), is set 
forth in Section VI. of the Supplementary Information.]

Appendix F: Stations Granted Extension Requests

--------------------------------------------------------------------------------------------------------------------------------------------------------
        Call sign                 City             State      Fac Id         Prefix              File No.              Type               Deadline
--------------------------------------------------------------------------------------------------------------------------------------------------------
KAMC-DT.................  Lubbock............  TX               40820  BEPCDT............  20071116AFH........  Extension.........  5/18/2008
KAMC-DT.................  Lubbock............  TX               40820  ..................  ...................  Waiver............  Dismissed
KAMR-DT.................  Amarillo...........  TX                8523  BEPCDT............  20071116AGE........  Extension.........  5/18/2008
KAMR-DT.................  Amarillo...........  TX                8523  ..................  ...................  Waiver............  Dismissed
KARD-DT.................  West Monroe........  LA                3658  BEPCDT............  20071116AFU........  Extension.........  5/18/2008
KARD-DT.................  West Monroe........  LA                3658  ..................  ...................  Waiver............  Dismissed
KATV-DT.................  Little Rock........  AR               33543  ..................  ...................  Waiver............  5/18/2008
KAUZ-DT.................  Wichita Falls......  TX                6864  ..................  ...................  Waiver............  8/18/2008
KAZH-DT.................  Baytown............  TX               70492  BEPCDT............  20071116ACY........  Extension.........  5/18/2008
KBFD-DT.................  Honolulu...........  HI               65395  ..................  ...................  Waiver............  8/18/2008
KBSV-DT.................  Ceres..............  CA                4939  BEPEDT............  20070711ACI........  Extension.........  5/18/2008
KBTV-DT.................  Port Arthur........  TX               61214  BEPCDT............  20071116AFS and AFT  Extension.........  5/18/2008
KBTV-DT.................  Port Arthur........  TX               61214  ..................  ...................  Waiver............  Dismissed
KCEB-DT.................  Longview...........  TX               83913  BEPCDT............  20071102AST........  Extension.........  8/18/2008
KCEC-DT.................  Denver.............  CO               24514  BEPCDT............  20071121ADZ........  Extension.........  5/18/2008
KCIT-DT.................  Amarillo...........  TX               33722  BEPCDT............  20071116AFI........  Extension.........  5/18/2008
KCIT-DT.................  Amarillo...........  TX               33722  ..................  ...................  Waiver............  Dismissed
KCNC-DT.................  Denver.............  CO               47903  BEPCDT............  20071026ACU........  Extension.........  5/18/2008
KCSG-DT.................  Cedar City.........  UT               59494  ..................  ...................  Waiver............  8/18/2008
KCSM-DT.................  San Mateo..........  CA               58912  ..................  ...................  Waiver............  5/18/2008
KDLH-DT.................  Duluth.............  MN                4691  BEPCDT............  20071018BBN........  Extension.........  8/18/2008
KDMD-DT.................  Anchorage..........  AK               25221  BEPCDT............  20071119AHP........  Extension.........  8/18/2008
KETC-DT.................  St. Louis..........  MO               62182  ..................  ...................  Waiver............  8/18/2008
KEVN-DT.................  Rapid City.........  SD               34347  ..................  ...................  Waiver............  2/17/2009
KFDX-DT.................  Wichita Falls......  TX               65370  BEPCDT............  20071116AFW........  Extension.........  5/18/2008
KFDX-DT.................  Wichita Falls......  TX               65370  ..................  ...................  Waiver............  Dismissed
KFTR-DT.................  Ontario............  CA               60549  ..................  ...................  Waiver............  5/18/2008
KFXB-DT.................  Dubuque............  IA               17625  ..................  ...................  Waiver............  5/18/2008
KGCW-DT.................  Burlington.........  IA                7841  ..................  ...................  Waiver............  5/18/2008
KGMB-DT.................  Honolulu...........  HI               36917  BEPCDT............  20070911ABX........  Extension.........  2/17/2009
KGMB-DT.................  Honolulu...........  HI               36917  ..................  ...................  Waiver............  Dismissed
KGTF-DT.................  Agana..............  GU               25511  BEPEDT............  20071031ADR........  Extension.........  2/17/2009
KHGI-DT.................  Kearney............  NE               21160  BEPCDT............  20071116ADL........  Extension.........  8/18/2008
KHMT-DT.................  Hardin.............  MT               47670  BEPCDT............  20071116AFL........  Extension.........  8/18/2008
KHMT-DT.................  Hardin.............  MT               47670  ..................  ...................  Waiver............  Dismissed
KIDY-DT.................  San Angelo.........  TX               58560  ..................  ...................  Waiver............  8/18/2008
KIMA-DT.................  Yakima.............  WA               56033  BEPCDT............  20070323ABL........  Extension.........  8/18/2008
KIMA-DT.................  Yakima.............  WA               56033  ..................  ...................  Waiver............  Dismissed
KIMT-DT.................  Mason City.........  IA               66402  ..................  ...................  Waiver............  5/18/2008
KJTL-DT.................  Wichita Falls......  TX                7675  BEPCDT............  20071116AFM........  Extension.........  5/18/2008
KJTL-DT.................  Wichita Falls......  TX                7675  ..................  ...................  Waiver............  Dismissed
KLBK-DT.................  Lubbock............  TX                3660  BEPCDT............  20071116AGF........  Extension.........  8/18/2008
KLBK-DT.................  Lubbock............  TX                3660  ..................  ...................  Waiver............  Dismissed

[[Page 5703]]

 
KLEW-DT.................  Lewiston...........  ID               56032  ..................  ...................  Waiver............  5/18/2008
KLST-DT.................  San Angelo.........  TX               31114  BEPCDT............  20071116AFR........  Extension.........  8/18/2008
KLST-DT.................  San Angelo.........  TX               31114  ..................  ...................  Waiver............  Dismissed
KLTJ-DT.................  Galveston..........  TX               24436  BEPCDT............  20071127AGY........  Extension.........  5/18/2008
KMCC-DT.................  Laughlin...........  NV               41237  BEPCDT............  20071116ADV........  Extension.........  5/18/2008
KMGH-DT.................  Denver.............  CO               40875  ..................  ...................  Waiver............  2/17/2009
KMID-DT.................  Midland............  TX               35131  BEPCDT............  20071116AFO........  Extension.........  5/18/2008
KMID-DT.................  Midland............  TX               35131  ..................  ...................  Waiver............  Dismissed
KMTP-DT.................  San Francisco......  CA               43095  BEPEDT............  20071210ADC........  Extension.........  2/17/2009
KMVT-DT.................  Twin Falls.........  ID               35200  ..................  ...................  Waiver............  2/17/2009
KMYQ-DT.................  Seattle............  WA               69575  ..................  ...................  Waiver............  8/18/2008
KNWS-DT.................  Katy...............  TX               31870  BEPCDT............  20070430ACQ........  Extension.........  2/17/2009
KODE-DT.................  Joplin.............  MO               18283  BEPCDT............  20071117AFI........  Extension.........  5/18/2008
KODE-DT.................  Joplin.............  MO               18283  ..................  ...................  Waiver............  Dismissed
KPXC-DT.................  Denver.............  CO               68695  BEPCDT............  20060330AKS........  Extension.........  8/18/2008
KQTV-DT.................  St. Joseph.........  MO               20427  BEPCDT............  20071119AGD........  Extension.........  2/17/2009
KQTV-DT.................  St. Joseph.........  MO               20427  ..................  ...................  Waiver............  Dismissed
KRCB-DT.................  Cotati.............  CA               57945  BEPEDT............  20071009AJG........  Extension.........  5/18/2008
KREN-DT.................  Reno...............  NV               51493  ..................  ...................  Waiver............  5/18/2008
KRWG-DT.................  Las Cruces.........  NM               55516  ..................  ...................  Waiver............  5/18/2008
KSAN-DT.................  San Angelo.........  TX                 307  BEPCDT............  20071116AFP........  Extension.........  5/18/2008
KSAN-DT.................  San Angelo.........  TX                 307  ..................  ...................  Waiver............  Dismissed
KSBI-DT.................  Oklahoma City......  OK               38214  ..................  ...................  Waiver............  2/17/2009
KSBY-DT.................  San Luis Obispo....  CA               19654  ..................  ...................  Waiver............  5/18/2008
KSCE-DT.................  El Paso............  TX               10202  BEPEDT............  20071116ACH........  Extension.........  8/18/2008
KSMQ-DT.................  Austin.............  MN               28510  ..................  ...................  Waiver............  5/18/2008
KSNB-DT.................  Superior...........  NE               21161  ..................  ...................  Waiver............  5/18/2008
KSNF-DT.................  Joplin.............  MO               67766  BEPCDT............  20071116AGD........  Extension.........  5/18/2008
KSNF-DT.................  Joplin.............  MO               67766  ..................  ...................  Waiver............  Dismissed
KSPR-DT.................  Springfield........  MO               35630  BEPCDT............  20071205ABH........  Extension.........  8/18/2008
KSVI-DT.................  Billings...........  MT                5243  BEPCDT............  20071116AFZ........  Extension.........  8/18/2008
KSVI-DT.................  Billings...........  MT                5243  ..................  ...................  Waiver............  Dismissed
KSWT-DT.................  Yuma...............  AZ               33639  BEPCDT............  20071116ADK........  Extension.........  8/18/2008
KSYS-DT.................  Medford............  OR               61350  ..................  ...................  Waiver............  2/17/2009
KTBY-DT.................  Anchorage..........  AK               35655  BEPCDT............  20071115ACL........  Extension.........  2/17/2009
KTBY-DT.................  Anchorage..........  AK               35655  ..................  ...................  Waiver............  Dismissed
KTDO-DT.................  Las Cruces.........  NM               36916  BEPCDT............  20071116AAJ........  Extension.........  8/18/2008
KTGF-DT.................  Great Falls........  MT               13792  ..................  ...................  Waiver............  5/18/2008
KTLM-DT.................  Rio Grande City....  TX               62354  ..................  ...................  Waiver............  8/18/2008
KTLN-DT.................  Novato.............  CA               49153  BEPCDT............  20071116AEN........  Extension.........  5/18/2008
KTNL-DT.................  Sitka..............  AK               60519  BEPCDT............  20071119AHU........  Extension.........  2/17/2009
KTRG-DT.................  Del Rio............  TX               55762  BEPCDT............  20071116ADU........  Extension.........  5/18/2008
KTTM-DT.................  Huron..............  SD               28501  BEPCDT............  20071116AFE........  Extension.........  2/17/2009
KTTW-DT.................  Sioux Falls........  SD               28521  BEPCDT............  20071116AFF........  Extension.........  5/18/2008
KTVD-DT.................  Denver.............  CO               68581  BEPCDT............  20071029AAM........  Extension.........  5/18/2008
KTVG-DT.................  Grand Island.......  NE               27220  BEPCDT............  20071116ADW........  Extension.........  5/18/2008
KTWO-DT.................  Casper.............  WY               18286  BEPCDT............  20071119AKM........  Extension.........  5/18/2008
KUBD-DT.................  Ketchikan..........  AK               60520  BEPCDT............  20071119AHX........  Extension.........  5/18/2008
KVHP-DT.................  Lake Charles.......  LA               35852  BEPCDT............  20070822AAG........  Extension.........  5/18/2008
KVRR-DT.................  Fargo..............  ND               55372  ..................  ...................  Waiver............  5/18/2008
KVTN-DT.................  Pine Bluff.........  AR                 607  BEPCDT............  20071115ACP........  Extension.........  5/18/2008
KWBF-DT.................  Little Rock........  AR               37005  BEPCDT............  20071009AAM........  Extension.........  2/17/2009
KWES-DT.................  Odessa.............  TX               42007  ..................  ...................  Waiver............  2/17/2009
KWGN-DT.................  Denver.............  CO               35883  ..................  ...................  Waiver............  5/18/2008
KWNB-DT.................  Hayes Center.......  NE               21162  BEPCDT............  20071116ADM........  Extension.........  8/18/2008
KWYB-DT.................  Butte..............  MT               14674  ..................  ...................  Waiver............  5/18/2008
KXGN-DT.................  Glendive...........  MT               24287  BEPCDT............  20071116ABQ........  Extension.........  8/18/2008
WACS-DT.................  Dawson.............  GA               23930  BEPEDT............  20070907ABD........  Extension.........  5/18/2008
WANE-DT.................  Fort Wayne.........  IN               39270  ..................  ...................  Waiver............  5/18/2008
WAWD-DT.................  Fort Walton Beach..  FL               54938  ..................  ...................  Waiver............  8/18/2008
WAZE-DT.................  Madisonville.......  KY               74592  ..................  ...................  Waiver............  5/18/2008
WBKB-DT.................  Alpena.............  MI               67048  ..................  ...................  Waiver............  2/17/2009
WCFN-DT.................  Springfield........  IL               42116  BEPCDT............  20071116AFX........  Extension.........  2/17/2009
WCFN-DT.................  Springfield........  IL               42116  ..................  ...................  Waiver............  Dismissed
WCLP-DT.................  Chatsworth.........  GA               23942  BEPEDT............  20070907ABI........  Extension.........  5/18/2008
WCVI-DT.................  Christiansted......  VI               83304  BEPCDT............  20071119AAE........  Extension.........  8/18/2008
WDBD-DT.................  Jackson............  MS               71326  ..................  ...................  Waiver............  2/17/2009
WDHN-DT.................  Dothan.............  AL               43846  BEPCDT............  20071116AGA........  Extension.........  5/18/2008
WDHN-DT.................  Dothan.............  AL               43846  ..................  ...................  Waiver............  Dismissed
WDTI-DT.................  Indianapolis.......  IN                7908  BEPCDT............  20071127AIG........  Extension.........  5/18/2008
WELU-DT.................  Aguadilla..........  PR               26602  BEPEDT............  20071116ABN........  Extension.........  5/18/2008
WEUX-DT.................  Chippewa Falls.....  WI                2709  ..................  ...................  Waiver............  5/18/2008
WFFT-DT.................  Fort Wayne.........  IN               25040  BEPCDT............  20071116AFY........  Extension.........  5/18/2008
WFFT-DT.................  Fort Wayne.........  IN               25040  ..................  ...................  Waiver............  Dismissed

[[Page 5704]]

 
WFGX-DT.................  Fort Walton Beach..  FL                6554  ..................  ...................  Waiver............  5/18/2008
WFTS-DT.................  Tampa..............  FL               64588  BEPCDT............  20071109ACA........  Extension.........  2/17/2009
WFXP-DT.................  Erie...............  PA               19707  BEPCDT............  20071116AFN........  Extension.........  5/18/2008
WFXP-DT.................  Erie...............  PA               19707  ..................  ...................  Waiver............  Dismissed
WFXV-DT.................  Utica..............  NY               43424  BEPCDT............  20071116AFV........  Extension.........  5/18/2008
WFXV-DT.................  Utica..............  NY               43424  ..................  ...................  Waiver............  Dismissed
WFXW-DT.................  Terre Haute........  IN               65247  BEPCDT............  20071116AFK........  Extension.........  5/18/2008
WFXW-DT.................  Terre Haute........  IN               65247  ..................  ...................  Waiver............  Dismissed
WGGN-DT.................  Sandusky...........  OH               11027  BEPCDT............  20071115ACW........  Extension.........  8/18/2008
WGGN-DT.................  Sandusky...........  OH               11027  ..................  ...................  Waiver............  Dismissed
WGSA-DT.................  Baxley.............  GA               89446  BEPCDT............  20070905ACX........  Extension.........  8/18/2008
WHAG-DT.................  Hagerstown.........  MD               25045  BEPCDT............  20071116AFQ........  Extension.........  2/17/2009
WHAG-DT.................  Hagerstown.........  MD               25045  ..................  ...................  Waiver............  Dismissed
WJAL-DT.................  Hagerstown.........  MD               10259  ..................  ...................  Waiver............  8/18/2008
WJET-DT.................  Erie...............  PA               65749  BEPCDT............  20071116AGB........  Extension.........  2/17/2009
WJET-DT.................  Erie...............  PA               65749  ..................  ...................  Waiver............  Dismissed
WJSP-DT.................  Columbus...........  GA               23918  BEPEDT............  20070907ABN........  Extension.........  5/18/2008
WKBN-DT.................  Youngstown.........  OH               73153  ..................  ...................  Waiver............  5/18/2008
WLAE-DT.................  New Orleans........  LA               18819  ..................  ...................  Waiver............  8/18/2008
WLAX-DT.................  La Crosse..........  WI                2710  ..................  ...................  Waiver............  5/18/2008
WLRN-DT.................  Miami..............  FL               66358  BEPEDT............  20071026AAA........  Extension.........  5/18/2008
WLUC-DT.................  Marquette..........  MI               21259  BEPCDT............  20071018ACV........  Extension.........  5/18/2008
WMPN-DT.................  Jackson............  MS               43168  ..................  ...................  Waiver............  5/18/2008
WMTJ-DT.................  Fajardo............  PR                2174  BEPCDT............  20071130BDR........  Extension.........  5/18/2008
WMUM-DT.................  Cochran............  GA               23935  BEPEDT............  20070907ABJ........  Extension.........  5/18/2008
WMYA-DT.................  Anderson...........  SC               56548  ..................  ...................  Waiver............  5/18/2008
WNBC-DT.................  New York...........  NY               47535  BEPCDT............  20070917ACS........  Extension.........  8/18/2008
WNJU-DT.................  Linden.............  NJ               73333  BEPCDT............  20070917ACM........  Extension.........  5/18/2008
WNMU-DT.................  Marquette..........  MI                4318  BEPEDT............  20071113AEL........  Extension.........  2/17/2009
WNYE-DT.................  New York...........  NY                6048  BEPEDT............  20071129ADM........  Extension.........  5/18/2008
WNYW-DT.................  New York...........  NY               22206  BEPCDT............  20071113ABW........  Extension.........  8/18/2008
WNYW-DT.................  New York...........  NY               22206  ..................  ...................  Waiver............  Dismissed
WORA-DT.................  Mayaguez...........  PR               64865  BEPCDT............  20071113AHB........  Extension.........  5/18/2008
WPAN-DT.................  Fort Walton Beach..  FL               31570  BEPCDT............  20060619ABJ and      Extension.........  5/18/2008
                                                                                            20071025ACO.
WPXS-DT.................  Mount Vernon.......  IL               40861  BEPCDT............  20071127AIN........  Extension.........  5/18/2008
WQLN-DT.................  Erie...............  PA               53716  ..................  ...................  Waiver............  5/18/2008
WRJM-DT.................  Troy...............  AL               62207  BEPCDT............  20071206ACZ........  Extension.........  5/18/2008
WSJU-DT.................  San Juan...........  PR                4077  BEPCDT............  20071119AJO........  Extension.........  5/18/2008
WSST-DT.................  Cordele............  GA               63867  ..................  ...................  Waiver............  5/18/2008
WSTR-DT.................  Cincinnati.........  OH               11204  ..................  ...................  Waiver............  5/18/2008
WTIC-DT.................  Hartford...........  CT                 147  BEPCDT............  20071214AAQ........  Extension.........  5/18/2008
WTSF-DT.................  Ashland............  KY               67798  BEPCDT............  20071127AIP........  Extension.........  8/18/2008
WTVE-DT.................  Reading............  PA               55305  BEPCDT............  20071116ABS........  Extension.........  5/18/2008
WTVF-DT.................  Nashville..........  TN               36504  ..................  ...................  Waiver............  2/17/2009
WTWO-DT.................  Terre Haute........  IN               20426  BEPCDT............  20071116AGC........  Extension.........  5/18/2008
WTWO-DT.................  Terre Haute........  IN               20426  ..................  ...................  Waiver............  Dismissed
WUTB-DT.................  Baltimore..........  MD               60552  BEPCDT............  20071113ALI........  Extension.........  5/18/2008
WUTB-DT.................  Baltimore..........  MD               60552  ..................  ...................  Waiver............  Dismissed
WVFX-DT.................  Clarksburg.........  WV               10976  ..................  ...................  Waiver............  5/18/2008
WVIZ-DT.................  Cleveland..........  OH               18753  BEPEDT............  20071025ACI........  Extension.........  2/17/2009
WVSN-DT.................  Humacao............  PR               67190  ..................  ...................  Waiver............  5/18/2008
WWAZ-DT.................  Fond Du Lac........  WI               60571  BEPCDT............  20071116ADH........  Extension.........  5/18/2008
WWBT-DT.................  Richmond...........  VA               30833  ..................  ...................  Waiver............  2/17/2009
WXOW-DT.................  La Crosse..........  WI               64549  BEPCDT............  20070817ABY........  Extension.........  2/17/2009
WYLE-DT.................  Florence...........  AL                6816  BEPCDT............  20071116ADT........  Extension.........  8/18/2008
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Note: Some stations listed above sought a further ``use-or-
lose'' waiver but also filed an application to extend their 
underlying DTV construction deadline. We hereby dismiss these ``use-
or-lose'' waiver requests and we grant the corresponding DTV 
extension applications.

[FR Doc. E8-1515 Filed 1-29-08; 8:45 am]
BILLING CODE 6712-01-P