[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Rules and Regulations]
[Pages 74047-74070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28855]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 05-312; FCC 08-256]


Digital Television Distributed Transmission System Technologies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules for the use of 
distributed transmission system (``DTS'') technologies in the digital 
television (``DTV'') service. The rules adopted in this Report and 
Order will allow DTV station licensees and permittees to use DTS 
technologies where feasible in place of a single transmitter to provide 
service as authorized. We find that these rules will improve some DTV 
stations' ability to serve more of their viewers within their service 
areas. For example, we expect that DTS will be especially useful in 
mountainous areas where single transmitters have been unable to reach 
viewers in valleys or those blocked by elevated terrain. Furthermore, 
DTS may be a useful tool for stations to prevent some loss of service 
to existing analog viewers resulting from changes to the station's 
service area in the transition to digital service. These rules will 
apply to post-transition operations (i.e., operations after February 
17, 2009). DTS proposals related to pre-transition operations will 
continue to be evaluated under the Commission's interim policy.

DATES: Effective January 5, 2009, except Sec.  73.626(f) which contains 
information collection requirements that have not been approved by OMB. 
The Commission will publish a document in the Federal Register 
announcing when OMB approval for this information collection has been 
received and this rule will take effect.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, please contact Evan Baranoff, [email protected], of the 
Media Bureau, Policy Division, (202) 418-2120; or John Gabrysch, 
[email protected], or Gordon Godfrey, [email protected], of 
the Engineering Division, Media Bureau at (202) 418-7000. 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 08-256, adopted on November 3, 2008, and released on 
November 7, 2008. 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. This document 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 was analyzed with respect to the Paperwork 
Reduction Act of 1995 (``PRA'') and contains modified information 
collection requirements, including changes to FCC Forms 301 and 340 to 
accommodate applications for DTS systems. (The Paperwork Reduction Act 
of 1995 (``PRA''), Pub. L. 104-13, 109 Stat. 163 (1995) (codified in 
Chapter 35 of Title 44 U.S.C.).) 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 the modified 
information collection requirements contained in this proceeding. (See 
44 U.S.C. 3507(d).) The Commission will publish a separate Federal 
Register notice seeking the PRA comments. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002 (``SBPRA''), the Commission 
sought specific comment in the DTS NPRM on how it might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25

[[Page 74048]]

employees.'' (The Small Business Paperwork Relief Act of 2002 
(``SBPRA''), Pub. L. 107-198, 116 Stat. 729 (2002) (codified in Chapter 
35 of title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).) We received no 
comment on this issue.

Summary of the Report and Order

I. Introduction

    1. In this Report and Order, we adopt rules for the use of 
distributed transmission system (``DTS'') technologies in the digital 
television (``DTV'') service. We find that DTS will provide 
broadcasters with an important tool for providing optimum signal 
coverage for their viewers. For some broadcasters that are changing 
channels or transmitting locations for their digital service, DTS may 
offer the best option for continuing to provide over-the-air service to 
current analog viewers, as well as for reaching viewers that have 
historically been unable to receive a good signal due to terrain or 
other interference. In the Second DTV Periodic Report and Order, 69 FR 
59500 (October 4, 2004), the Commission approved in principle the use 
of DTS technologies, but deferred to a separate proceeding the 
development of rules for DTS operation and the examination of several 
policy issues related to its use. In the Notice of Proposed Rulemaking 
in this docket, we examined the issues related to the use of DTS and 
proposed rules for future DTS operation. (See Digital Television 
Distributed Transmission System Technologies, MB Docket No. 05-312, 
Clarification Order and Notice of Proposed Rulemaking, 70 FR 72763 
(December 7, 2005) (``DTS Clarification Order and DTS NPRM''). The 
rules we adopt will apply to DTS proposals related to operations after 
the transition to DTV on February 17, 2009. (See Digital Television and 
Public Safety Act of 2005 (``DTV Act''), which is Title III of the 
Deficit Reduction Act of 2005, Pub. L. 109-171, 120 Stat. 4 (2006) 
(``DRA'') (codified at 47 U.S.C. 309(j)(14) and 337(e)).) DTS proposals 
related to pre-transition operations will continue to be evaluated 
under the interim policy approved in the Second DTV Periodic Report and 
Order and clarified in the DTS Clarification Order.
    2. We find that these rules will improve some DTV stations' ability 
to serve more of their viewers within their service areas. We expect 
that DTS will be especially useful in mountainous areas where single 
transmitters have been unable to reach viewers in valleys or those 
blocked by elevated terrain. Furthermore, DTS may be a useful tool for 
stations to prevent some loss of service to existing analog viewers 
resulting from changes to the station's service area in the transition 
to digital service.

II. Executive Summary

    3. In summary, we take the following actions to authorize and 
implement DTS service:
     We define a DTS service area as being comparable to that 
of a station's single transmitter facility, and, to implement this 
approach, we will determine a station's potential maximum authorized 
service area using the ``Table of Distances'' proposed in our DTS NPRM. 
(See Section IV.C., infra.)
     We adopt a waiver policy to permit a station to use DTS if 
doing so will enable it to continue to serve its existing analog 
viewers who would otherwise lose service as a result of its transition 
to digital service. (See Section IV.C., infra.)
     We require that DTS transmitters be located within either 
the DTV station's Table of Distances area or its authorized service 
area. (See Section IV.C., infra.)
     We adopt rules to prohibit stations from using DTS to 
``cherry-pick'' service. (See Section IV.C.3., infra.)
     We afford primary regulatory status to the multiple 
transmitters used in a DTS network within the areas that such DTS 
transmitters are authorized to serve. (See Section IV.B., infra.)
     We apply to DTS stations the part 73 licensing and 
technical rules that apply to DTV single-transmitter stations. (See 
Section IV.D.2., infra.)
     We will evaluate DTS proposals using the same interference 
standard adopted for DTV stations' post-transition operations in the 
Third DTV Periodic Report and Order. (See Section IV.D.3., infra.) We 
also adopt the root-sum-square (``RSS'') method of calculating 
interference from multiple DTS transmitters.
     We permit a licensee of multiple digital Class A TV, 
digital LPTV, and/or digital TV translator stations to operate through 
interconnected single-frequency DTS networks, but will continue to 
separately license each station in this interconnected single-channel 
network. (See Section IV.E., infra.)
     We approve on an experimental basis the use of DTS 
technologies by a single digital Class A TV, digital LPTV or digital TV 
translator station to provide service within its authorized service 
area. (See Section IV.E., infra.)

III. Background

A. DTS Technologies

    4. A DTV ``distributed transmission system'' (``DTS'') employs 
multiple synchronized transmitters spread around a station's service 
area, rather than the current single-transmitter approach. Each 
transmitter broadcasts the station's DTV signal on the same channel. 
Due to the synchronization of the transmitted signals, DTV receivers 
treat the multiple signals as reflections or ``ghosts'' and use 
``adaptive equalizer'' circuitry to cancel or combine them to produce a 
single signal. (DTS has also been referred to as DTT, for distributed 
transmission technologies and as DTx, for distributed transmitters.)
    5. Full-power analog TV and DTV stations provide service within an 
area that reaches up to 80 miles from their single transmitting site. 
Coverage distance depends on a station's authorized channel, power, 
antenna height and the characteristics of the surrounding terrain. Some 
stations have authorized facilities that only provide service to a 
distance of 30 to 40 miles. In situations where coverage is limited by 
terrain, such full-power stations sometimes use translators that re-
broadcast the station's signals on a different channel at relatively 
low power to provide service in a small area. Translator stations are 
authorized with secondary regulatory status. In addition, in a few 
cases, full-power analog TV stations have been able to use TV booster 
stations, which are like TV translator stations but use the same 
channel as the primary station. DTV distributed transmitters are 
similar to analog TV booster stations in some ways, but DTV 
technologies have the potential to enable much broader use of this type 
of operation.
    6. Potentially, DTS can provide service to areas that a single-
transmitter station would fail to reach due to natural or man-made 
obstructions that would block the signal coming from the single-
transmitter site. It can provide more uniform signal levels throughout 
a station's service area, making indoor reception more reliable. Also, 
multiple DTS transmitters generally operate at a lower power than a 
single transmitter to achieve the same coverage and thereby reduce the 
likelihood of causing interference to neighboring licensees. Use of DTS 
is also more spectrum efficient than use of translators because DTS 
uses the stations' already allotted frequency, whereas translators 
require one or more additional frequencies. In addition, establishing 
new DTV translators generally requires separate

[[Page 74049]]

applications for each translator to be filed during an open filing 
opportunity with a possible lengthy review process to determine and 
resolve mutually exclusive applications, while applications for DTS can 
be submitted by the station seeking to use the additional transmitters 
and evaluated as part of one application.
    7. In the Second DTV Periodic Report and Order, the Commission 
adopted an interim DTS operations policy (``interim policy''). The 
interim policy permits stations to use DTS within their currently 
authorized area (including its replication area as well as any 
maximization area resulting from facilities granted by a construction 
permit or license). For an interim DTS proposal to be approved, it must 
be designed to serve essentially all of the station's replication 
coverage area. In the DTS Clarification Order, the Commission clarified 
how the interim policy applies during the pendency of this proceeding. 
(Specifically, consistent with the requirement that stations using DTS 
must serve at least the population that is currently served with a 
single transmitter, DTS transmitters must be located within the DTV 
station's predicted noise-limited service contour (PNLC). The DTS 
Clarification Order also said that the Commission would consider on a 
case-by-case basis requests from stations to extend beyond the PNLC by 
a minimal distance, provided such extension is necessary to permit 
coverage of the area within the PNLC. At present, only one station has 
applied for and been authorized to operate a DTS system under the 
interim policy. (Reading Broadcasting, Inc. (``RBI''), licensee of 
WTVE-DT, channel 25, Reading, PA was granted a DTS STA on Nov. 30, 
2006.) In addition, the Commission has approved the use of a multiple 
DTV transmitter system using multiple channels under an experimental 
authorization. (On May 23, 2007, the Video Division of the Commission's 
Media Bureau issued a letter granting the Metropolitan Television 
Alliance (``MTVA'') experimental authority to operate a low-power DTV 
multiple-transmitter system in New York, NY. The MTA consists of the 
licensees of ten New York City area television stations (WCBS-TV, WNBC-
TV, WNYW-TV, WABC-TV, WWOR-TV, WPIX-TV, WNET-TV, WPXN-TV, WNJU-TV, and 
WXTV(TV)). These stations operated digital facilities from the North 
Tower of the World Trade Center, which was destroyed in the September 
11th attack. The experimental DTV network is testing the ability of 
these stations to provide fill-in over-the-air DTV coverage in areas of 
New York City where adequate coverage is not provided. In an ex parte 
in September 2008, presented the results of its field test study. In 
addition, two stations applied for and were authorized to operate a DTS 
system under an experimental authorization; however, such authority has 
now expired for these stations. The Pennsylvania State University, NCE 
licensee of WPSU-DT, channel 15, Clearfield, PA, which was the first to 
build an experimental DTS system, applied for this system before the 
interim DTS policy was established, but has since allowed authority for 
this system to expire. Tribune Broadcast Holdings, Inc., licensee of 
WTTK-DT, channel 54, Kokomo, IN, applied for an experimental DTS system 
because they could not meet the interim policy restrictions. The 
station, however, has now ceased operating its experimental DTS system 
and has withdrawn its experimental authority in order to focus on the 
construction of the station's post-transition facility. We also note 
that TV station WSTE, channel 7, Ponce, PR, which currently operates an 
integrated system of synchronous boosters to broadcast its analog 
signal throughout its coverage area, will be allowed to convert its 
current system to a digital network when it files its application for 
post-transition operations. (Siete Grande, licensee of WSTE, seeks to 
fully replicate the coverage of its analog booster system when it 
transitions to DTV. In the Seventh Report and Order in the DTV 
proceeding, the Commission revised WSTE's parameters in the post-
transition DTV Table Appendix B to enable the station to replicate its 
analog coverage. The Commission also instructed the Media Bureau to 
process, and grant as appropriate, the applications that will permit 
WSTE to continue serving its coverage area with its digital signal.

B. The DTV Transition

    8. In early 2006, after the release of the Commission's DTS 
Clarification Order and DTS NPRM, Congress enacted significant 
statutory changes relating to the DTV transition. Most importantly, the 
DTV Act established February 17, 2009 as the hard deadline for the end 
of the DTV transition and the end of analog transmissions by full power 
stations. The DTV Act also requires full-power television broadcast 
licensees to cease operations outside the core DTV spectrum (i.e., 
channels 2-51) after February 17, 2009 in order to make that spectrum 
available for new public safety and commercial wireless services. (See 
47 U.S.C. 337(e)(1).) Full-power TV broadcast stations must be 
operating inside the core TV spectrum and only in digital at the end of 
the transition. (We note that the statutory transition deadline applies 
only to full-power stations. See 47 U.S.C. 309(j)(14) and 337(e). The 
Commission previously determined that it has discretion under 47 U.S.C. 
336(f)(4) to set the date by which analog operations of stations in the 
low power and translator service must cease. The Commission opted not 
to establish a fixed termination date for the low power digital 
television transition until it resolved the issues concerning the 
transition of full-power television stations.
    9. On August 6, 2007, the Commission released the post-transition 
DTV Table of Allotments (``DTV Table''), providing eligible stations 
with channels for DTV operations after the DTV transition on February 
17, 2009. (The post-transition DTV Table is the result of informed 
decisions made by eligible licensees and permittees during the 
Commission's channel election process. The channel election process was 
established by the Commission in the 2004 Second DTV Periodic Report 
and Order.) On December 22, 2007, the Commission adopted a Report and 
Order in the Third DTV Periodic Review proceeding. In the Third DTV 
Periodic Report and Order, 72 FR 37310 (July 9, 2007), we established a 
number of procedures and rule changes designed to provide flexibility 
to broadcasters to ensure that they meet the statutory transition 
deadline and complete construction of their final, post-transition 
(DTV) facilities. Among other things, we set construction deadlines for 
full-power television stations to construct their full, authorized 
post-transition (DTV Table Appendix B) facilities and established the 
procedures and standards applicants must follow in filing applications 
for facilities specified in the final, post-transition DTV Table. On 
May 30, 2008, the Commission lifted the freeze on the filing of 
maximization applications, as well as on the filing of petitions for 
rulemaking to allow requests for channel substitutions to the DTV 
Table.

IV. Discussion

    10. In this Report and Order, we adopt rules for television 
broadcasting using a DTS network. (The rules adopted herein are revised 
from those proposed in the DTS NPRM to better effectuate the goals of 
this proceeding.) Specifically, we will permit DTV station licensees 
and permittees to use DTS technologies where feasible in place of a 
single transmitter to provide service as authorized. These rules will 
apply to stations' post-transition operations. We apply to DTS stations 
the part 73

[[Page 74050]]

licensing and technical rules that apply to DTV single-transmitter 
stations and will evaluate DTS proposals using the same interference 
standard adopted for DTV stations' post-transition operations in the 
Third DTV Periodic Report and Order. Stations wishing to apply to use 
DTS must wait until the Commission obtains approval from the Office of 
Management and Budget (``OMB'') for the revised forms and modified 
information collection requirements. The Media Bureau will announce by 
public notice when the Commission is ready to accept applications for 
DTS. Until the changes to the necessary forms are effective, we will 
continue to accept DTS proposals under our interim policy to be 
evaluated as a request for Special Temporary Authority (``STA''). (In 
addition, any DTS proposals related to pre-transition operations may be 
evaluated under the interim policy.)
    11. For example, we recognize that stations may wish to use DTS to 
ensure that their current analog viewers do not lose service after the 
station transitions to digital-only operation. A station that wishes to 
use DTS for this purpose need not wait for the final rules to take 
effect, but may apply under the interim policy and request a waiver of 
the limitations to an authorized service area, if necessary. Stations 
that receive an STA to use DTS under the interim policy must still 
apply to use DTS for their post-transition operations once our new 
rules and forms become effective.
    12. The Commission received 23 comments and 11 reply comments to 
the DTS NPRM. (See Appendix A--List of Commenters.) The DTS NPRM sought 
comment on the use of DTS technologies, as well as on the asserted 
benefits of such technologies, and proposed to permit DTV station 
licensees and permittees to use DTS technologies where feasible in 
place of a single transmitter to provide service as authorized.

A. Use and Benefits of DTS Technologies

    13. We adopt our proposal in the DTS NPRM to authorize DTV stations 
to use a network of DTS transmitters in lieu of a single-transmitter 
facility. The record generally supports our proposal to allow DTV 
stations to use DTS technologies and confirms the spectrum use 
efficiency and improved consumer service likely to result from the use 
of DTS. We disagree with the claims of New America Foundation and 
others (collectively ``NAF, et al.'') that areas within a DTV station's 
authorized service area that are now not reached because of terrain or 
other reason, constitute unreachable space that should be made 
available for other uses. (The Commission recently authorized the 
operation of new low power devices in the TV broadcast spectrum at 
locations where individual channels/frequencies are not being used for 
authorized services.) Because we decide herein to limit DTS service to 
the area that the DTV station is, or would be, authorized to serve with 
a single transmitter, we disagree that DTS would confer new spectrum 
rights to broadcasters. In addition, our rules for DTS operations 
address the concerns raised in the docket about potential abuse and 
cherry-picking. We note that stations using DTS should be aware that 
some of their viewers may need to adjust their antennas to receive the 
DTS signal from a direction that is different from the direction of the 
signal from the main antenna. (Moreover, in adjusting their antenna to 
acquire the DTS signal, such adjustment may cause loss of other 
broadcast signals, necessitating re-scanning of the channels on the 
viewer's DTV set or converter box.)
    14. DTS proponents tout a number of benefits, which mostly include 
those anticipated by the Commission:
    [squ] First, DTS will allow stations to reach viewers that would 
not otherwise be served by conventional means. This includes reaching 
rural and remote areas, as well as filling in gaps in coverage within a 
station's authorized service area caused by terrain blockage.
    [squ] Second, DTS techniques will distribute more uniform and 
higher-level signals throughout a DTV station's service area. This will 
offer improved service within stations' coverage areas, including near 
the edges where signals can be low using traditional means. We agree 
that this should increase viewership through improved reception without 
causing more interference to neighboring operations, as well as 
minimize the preclusive impact on existing and future surrounding 
stations. (We disagree with the NAF, et al. who question whether DTS 
would actually increase viewership.)
    [squ] Third, DTS will improve reception quality and reliability 
through operation of transmitters at lower power and height. It will 
improve reception of DTV signals on pedestrian and mobile devices, and 
enhance indoor reception, especially for suburban viewers. DTS may also 
allow manufacturers to create new types of reception devices.
    [squ] Fourth, DTS offers an alternative to stations whose single, 
taller tower proposals may have been stymied by tower height and 
placement limits associated with aeronautical safety or local zoning 
concerns, including aesthetic and safety concerns about taller towers. 
DTS may also minimize delays and expenses to build out because 
broadcasters can collocate on existing wireless towers.
    [squ] Fifth, a DTS network will enhance spectrum efficiency because 
such a network uses the same channel for all of its operations.
    [squ] Sixth, DTS may facilitate the DTV transition by delivering 
more reliable digital signals to viewers and by offering a less costly 
alternative to constructing a large single tower facility. DTS can also 
benefit stations moving their DTV operations to new channels where 
existing transmission equipment cannot be re-used. DTS operation offers 
broadcasters another means to achieve their build-out deadlines, 
thereby advancing the DTV transition. Broadcasters will be able to 
reach larger portions of their audiences by delivering signals to 
segments of the public who, absent DTS solutions, might not be able to 
receive a station's DTV signal over the air.
    [squ] Seventh, for the reasons already noted (e.g., improved 
service), DTS will enhance DTV broadcasters' ability to compete with 
cable and satellite service and offer an effective over-the-air 
alternative for many viewers. We disagree that this competitive benefit 
necessitates or warrants that we permit DTS stations to expand their 
over-the-air service throughout their entire Designated Market Areas 
(``DMAs''), as argued for by Paxson and others.
    [squ] Finally, we believe DTS may be a useful tool for stations to 
address the service loss situation that came to light during the 
Wilmington DTV early transition, where some analog viewers of station 
WECT, Wilmington, NC (channel 6), who lived beyond the station's 
digital service area, lost service when the station transitioned to 
digital-only operations. DTS may provide stations in this situation 
with the ability to continue to serve some of their analog viewers who 
would lose service as a result of the stations' transition. (We 
recognize that DTS will not solve every instance in which analog 
viewers lose service after the digital transition. For example, in some 
situations, use of DTS might interfere with another station's service 
and could not be permitted. Other solutions are available, including 
increasing the station's power, using translators, changing channels, 
and using another station's subchannel to provide service via 
multicasting.) We also believe that DTS may allow stations to improve 
service to viewers that are within a station's digital service contour 
and previously received a strong analog signal, but are now at the edge 
of the

[[Page 74051]]

digital service area and now receive a weaker signal.

B. Regulatory Status

    15. We adopt our proposal in the DTS NPRM to afford primary 
regulatory status to the multiple transmitters used in a DTS network 
within the areas that such DTS transmitters are authorized to serve. 
The record supports the grant of primary status to DTS transmitters 
located within a station's authorized service area. We adopt our 
tentative conclusion and find that primary status within a station's 
authorized service area is essential for stations to implement a 
successful DTS network and obtain the benefits offered by DTS 
techniques. We agree with MWG that, without primary treatment, stations 
would face protection issues and would be discouraged from using DTS. 
We conclude that, without primary status, stations would lose primary 
coverage to significant populations that now enjoy such via a single-
transmitter. As described below, we will consider waiver requests, on a 
case-by-case basis, to permit a station to use DTS to continue serving 
its existing analog viewers within its analog Grade B contour who would 
otherwise lose over-the-air service after the station terminates analog 
broadcasting. Where granted, these areas will also continue to have 
primary regulatory status, as they currently have for analog service.

C. Service Area and Location of Transmitters

    16. As explained in more detail below, we adopt a Comparable Area 
Approach, meaning that a DTS service area will be comparable to that of 
the station's single transmitter facility, and define a DTS station's 
potential (or hypothetical) maximum authorized service area using our 
proposed ``Table of Distances.'' CFR. The question of how best to 
define a DTS station's authorized service area garnered the most 
attention in the record, with commenters debating a variety of 
alternative approaches. Our discussion in this section focuses, first, 
on whether a DTS station's authorized service area should be comparable 
to that of the station's single transmitter facility (``Comparable Area 
Approach''), or if a DTS station should be authorized to significantly 
expand its service area beyond that now permitted by a single-
transmitter broadcaster under the rules (``Expanded Area Approach''). 
Next, we determine how best to implement the adopted approach. In 
implementing that approach, we must also address the concerns that a 
DTS station may use its DTS network to ``cherry-pick'' (i.e., favor 
certain populations over others), or otherwise operate in a way that 
would affect a station's obligation to serve its principal community of 
license. Finally, we discuss the placement of the multiple DTS 
transmitters.
1. Comparable Area Approach Adopted
    17. We adopt a Comparable Area Approach as proposed in the DTS 
NPRM. For this purpose, we will define a DTS station's maximum 
authorized service area to be comparable to that which the DTV station 
could be authorized to serve with a single transmitter. (Subject to 
their being able to meet other requirements regarding service and 
interference, DTS broadcasters may serve all areas within a station's 
authorized service area as defined in the new post-transition DTV 
Table. See 47 CFR 73.622(i). Similarly, a DTS broadcaster may also 
serve all areas within the station's maximized service area authorized. 
Stations applying to use DTS must have an authorized service area or 
establish an authorized service area prior to filing their DTS 
application.) A DTS broadcaster will be allowed to apply to provide 
service to a distance comparable to the hypothetically maximized 
service distance that could be reached by a single-transmitter station. 
(The hypothetically maximized service distance refers to stations' 
facilities equal to the maximum power and antenna height allowed by our 
rules, which limit how large stations' service areas can be. See 47 CFR 
73.622(f). It is hypothetical because it assumes approval of such 
maximized facilities. Stations, however, must still apply for 
facilities to serve such a maximized coverage area and obtain 
Commission approval. In addition, stations must obtain FAA or state or 
local government approval as may be necessary for such facilities. A 
station applying for DTS facilities would not be required to first 
apply for Commission approval of their hypothetical single-transmitter 
maximum facilities because, as discussed infra at paragraph 25, we have 
established a Table of Distances for this purpose.) The Commission's 
rules generally define a DTV station's service area as the station's 
predicted noise-limited service contour. (See 47 CFR 73.622(e): ``The 
service area of a DTV station is the geographic area within the 
station's noise-limited F(50,90) contour where its signal strength is 
predicted to exceed the noise-limited service level.'') DTV service 
areas are calculated using the parameters specified in the DTV Table or 
authorized by a DTV construction permit or license. (Stations should 
also consult OET Bulletin No. 69 for guidance in calculating a 
station's DTV service area using the Longley-Rice methodology.) 
Commenters were divided on the DTS service area issue, with some 
favoring a Comparable Area Approach and others advocating an Expanded 
Area Approach, such as the DMA Approach, which was tentatively rejected 
in the DTS NPRM. (Several commenters said that DTS stations should be 
allowed to apply for facilities to serve an area generally comparable 
to the area they could cover with a single transmitter. In addition, 
MSTV and Cox agree that stations should not be afforded dramatically 
expanded primary coverage rights, stating that a DTS service area 
should be defined to ``preclude expanded primary coverage rights except 
into traditionally underserved rural areas.'' We further note that the 
NAF, et al., while generally opposing DTS, particularly oppose any 
expansion beyond a station's traditional authorized service area in 
that such use may impact the availability and use of TV white space.) 
(Other commenters advocate for an approach tentatively rejected in the 
DTS NPRM, but advanced by the Coalition, to permit primary DTS use 
within a station's entire DMA, subject only to interference and minimum 
service requirements (``DMA Approach''). Alternatively, these 
commenters seek to afford secondary status to DTS use outside a 
station's authorized service area but within a station's DMA (``DMA 
Secondary Service Approach'').)
    18. We select the Comparable Area Approach over an Expanded Area 
Approach for several reasons. First, this approach offers consistent 
treatment to both single-transmitter and DTS stations and best balances 
the primary coverage rights between stations choosing to employ DTS and 
those choosing not to do so. An Expanded Area Approach is not necessary 
to implement DTS service or obtain its core benefits. Second, we find 
that this approach best protects the principles of localism by 
restricting a station's focus to its traditional coverage area. (MSTV 
warned that ``arbitrary service expansion'' may ``undermine principles 
of localism.'') Third, we find that a Comparable Area Approach is more 
consistent with our TV channel allotment and licensing policies 
applicable to single-transmitter stations. Fourth, we find that this 
approach, unlike an Expanded Area Approach, would preserve 
opportunities for new stations, including low-power stations. (Alliance 
stated that DTS must not undermine the contributions of boosters, 
translators and low-power stations.) Finally, while a promising

[[Page 74052]]

technology, DTS is still new and we hesitate at this time to 
dramatically redefine the broadcast television service based on that 
technology. We thus find that DTS stations should not be afforded 
dramatically expanded primary coverage rights.
    19. We also note that stations using single-transmitter or DTS 
operation can expand their reach through TV translators or low power 
television (``LPTV'') operations, albeit on a secondary basis. In this 
regard, we disagree with the NAF, et al. that argue that TV operations 
should be restricted to provide more vacant channels for the operation 
of unlicensed devices. The TV services for which this spectrum is 
allocated on primary and secondary bases are important media for the 
provision of news, information, and entertainment that warrant priority 
over those unlicensed broadband devices.
    20. The primary Expanded Area Approach advanced by commenters is 
the DMA Approach, advanced by the Coalition, which would allow DTS 
broadcasters to expand their service to cover an entire DMA, limited 
only by the requirement that they do not cause unacceptable 
interference to another licensee. The Commission, however, tentatively 
rejected this DMA Approach in the DTS NPRM and we remain troubled by 
the implications of allowing significantly greater coverage for DTS 
than the coverage that can be achieved by a traditional single-
transmitter station. We find that it is not appropriate at this time to 
expand significantly the coverage rights of some stations by allowing 
DTS operation on a primary basis beyond a station's authorized 
maximized area and bounded only by the DMA to which it is assigned by 
the Nielsen Media Research (Nielsen). (Nielsen assigns DMAs based on 
measured viewing patterns and these assignments occasionally change.) 
As explained in the DTS NPRM, many DMAs cover extensive areas and the 
DMA Approach could allow some stations to provide service into 
communities 100 or more miles away from their community of license. We 
agree with MSTV and others that DTS must not be used to undermine 
localism and that a DTS service area should not shift a station's 
primary focus from its community of license. (MSTV expressed concern 
about the impact of ``service shifts and expansions within a station's 
own DMA'' on local viewers. MSTV would, however, allow expanded service 
only into ``traditionally underserved rural areas in which populations 
have historically been insufficient to sustain viable, full-service 
over-the-air station.'') We find that DTS technology's core purpose 
should be to improve service to a DTV station's local community, both 
in increasing reception reliability to existing viewers and reaching 
local viewers now blocked because of terrain and other like 
impediments. A Comparable Area Approach achieves that purpose, while 
the DMA Approach may distract stations from this important policy goal.
    21. At the crux of the DMA Approach is the proposition that a DMA 
is a broadcaster's ``natural market.'' Although concerned about the 
impact on localism, MSTV joins in this general assertion that ``the DMA 
approach is a more accurate reflection of a station's market.'' MSTV, 
however, says that the Commission must ``ensure that a station 
generally cannot expand service to areas within its DMA that are 
nevertheless far outside the station's existing service area.'' 
Proponents of the DMA Approach argue that a Comparable Area Approach 
imposes an artificial limit on the full application and benefits of DTS 
technologies because DTS broadcasters are no longer constrained by the 
reach of a single-transmitter. (The Coalition and others argue that our 
concerns about localism are ``misplaced'' because the Commission's 
rules now require stations to serve their community of license and 
stations are now carried via cable and satellite throughout their DMA. 
(Paxson also notes that the Commission licenses new wireless services 
via geographically-based areas.) They also argue that an Expanded Area 
Approach would better enable over-the-air DTV service to compete with 
cable and satellite service.
    22. Broadcasters, however, are licensed to local communities, not 
DMAs, and for good reason. This ensures that broadcasters are 
responsive to the unique interests and needs of the individual 
communities to which they are licensed. (The Commission has a long-
standing policy to foster broadcast ``localism,'' which it has defined 
as the airing of ``programming that is responsive to the needs and 
interests of their communities of license.'') Section 307(b) of the 
Communications Act explicitly requires the Commission to ``make such 
distribution of licenses, frequencies, hours of operation, and of power 
among the several States and communities as to provide a fair, 
efficient, and equitable distribution of radio service to each of the 
same.'' (See 47 U.S.C. 307(b): ``In considering applications for 
licenses, and modifications and renewals thereof, when and insofar as 
there is demand for the same, the Commission shall make such 
distribution of licenses, frequencies, hours of operation, and of power 
among the several States and communities as to provide a fair, 
efficient, and equitable distribution of radio service to each of the 
same.'') Pursuant to this mandate, when the Commission allocates 
channels for a new broadcast service, its first priority is to provide 
general service to an area, but its next priority is for facilities to 
provide the first local service to a community. In carrying out the 
mandate of Section 307(b), the Commission has long recognized that 
``every community of appreciable size has a presumptive need for its 
own transmission service.'' Indeed, the Supreme Court has stated that 
``[f]airness to communities [in distributing radio service] is 
furthered by a recognition of local needs for a community radio 
mouthpiece.'' Moreover, we find that it would be inappropriate to 
redefine the broadcast television service in this proceeding, which 
pertains only to DTS. Adopting an expanded service area only for DTS 
broadcasters would disfavor stations that choose to continue using a 
single-transmitter.
    23. It is certainly true that the Commission has several important 
rules in place designed to protect localism. (The Commission has a 
number of rules to ensure that a broadcaster is responsive to the 
unique interests and needs of individual communities. For example, the 
Commission's main studio rule requires that a station maintain its main 
studio in or near its community of license to facilitate interaction 
between the station and the members of the local community it is 
licensed to serve. In addition, the main studio also must house a 
public inspection file, the contents of which must include ``a list of 
programs that have provided the station's most significant treatment of 
community issues during the preceding three month period.'' The purpose 
of this requirement is to provide both the public and the Commission 
with information needed to monitor a licensee's performance in meeting 
its public interest obligation of providing programming that is 
responsive to its community.) We agree with commenters, for example, 
that our principal community coverage requirement plays an important 
part in protecting localism. (The principal community coverage rule 
requires a DTV broadcast station to provide a specified signal contour 
over its community of license to ensure that local residents receive 
service. See 47 CFR 73.625.) Moreover, as noted by the Coalition, a 
broadcaster's service to its local community will be evaluated

[[Page 74053]]

when seeking renewal of its license. (See 47 U.S.C. 307(b). When a 
broadcast station seeks to renew or transfer its license, it must give 
public notice to its community to ensure that members of the community 
have an opportunity to file a petition to deny if they object to the 
station's application for renewal or transfer of license. 47 CFR 
73.3580.) These rules, which will continue to apply to DTS stations as 
they do single-transmitter stations, work within the existing licensing 
framework to protect localism and highlight the importance of 
maintaining a station's focus on its community of license.
    24. We adopt our tentative conclusion in the DTS NPRM that an 
Expanded Area Approach, particularly throughout a geographically large 
DMA, would subvert our current licensing rules by allowing a station to 
obtain the rights to serve a new community where a new station, 
including a low-power station, might otherwise be licensed. 
(Disallowing such expansion is consistent with the statutory 
requirement to award new licenses through competitive bidding 
(auctions), as appropriate. See 47 U.S.C. 309(j).) We reject the 
argument of the Coalition and others that a DMA Approach would not 
preclude new stations ``because DTS expansion will occur on a station's 
already occupied channel.'' (Coalition claimed that ``in almost all 
circumstances, a maximized, single-transmitter DTV facility will 
already have prevented new co-channel service because of the 
destructive level of interference that it would be predicted to cause 
to any service from a new full-power, LPTV, translator or Class A 
station co-channel operation.'') New stations, particularly in a 
geographically large DMA, may be permitted to use the same channel and 
such expansion may also affect adjacent channel operations. (For 
example, Denver DMA includes areas of northern Wyoming.) We, thus, 
reject the DMA Approach and will not allow a DTS station to offer 
service beyond that station's authorized service area for its single-
transmitter facility.
    25. Furthermore, we will not give stations a blanket authorization 
to offer DTS service on a secondary basis throughout a station's DMA 
for the same reasons that we rejected the primary DMA Approach. (We 
will, however, in some circumstances, permit incidental secondary 
service that results from the necessary placement of transmitters near 
the edge of a station's service area.) Many broadcast commenters 
advocated, as an alternative to primary service throughout a DMA, that 
we permit DTS broadcasters to serve an entire DMA on a secondary basis 
(``Secondary Service DMA Approach''). We seek to afford consistent 
treatment to both single-transmitter and DTS stations and find that 
special treatment is not necessary to implement DTS service. Permitting 
DTS service throughout a station's DMA, even on a secondary basis, 
threatens localism by distracting a station's focus from its community 
of license. Moreover, a Secondary Service DMA Approach might still 
preclude opportunities for new low-power stations. Finally, at this 
time, we do not seek to dramatically redefine the broadcast television 
service. We note, however, that DTV broadcasters may achieve the same 
goals sought by a secondary DTS service through the use of digital on-
channel translator/LPTV stations under part 74 of the rules. (CFRWe 
note that our existing rules do not preclude the use of on-channel 
digital translators.)
2. Table of Distances Approach Adopted
    26. We adopt the proposed ``Table of Distances'' Approach to define 
the limits of a DTS station's comparable service area. This Table 
defines each full-power DTV station's hypothetically maximized service 
area or, in other words, the maximum service area that can be obtained 
by DTV stations under our rules. (The Table is based on the maximum 
height and power that a single-transmitter station would be allowed to 
apply for. See 47 CFR 73.622(f).) The Table, which is based on a set of 
distances from stations' reference points that reflect DTV stations' 
potential maximized facilities, will be used by DTV stations when 
applying to maximize facilities using a DTS network. We agree with MWG 
that this Table approach will define for DTS stations a comparable 
service area to single-transmitter stations in a simple and 
straightforward manner. Instead of individually calculating the 
theoretically maximized DTV service contours of each DTS station, the 
Table of Distances will simplify determinations of allowable coverage 
areas under our rules and will ensure consistent treatment of 
similarly-situated stations. For the majority of DTV stations, the 
results under the Table approach will be the same as a station-by-
station approach; however, the Table approach also accounts for cases 
of terrain blockage and will allow coverage to continue both for 
existing viewers and also for the portion of the authorized area that 
was previously blocked by terrain. (For this reason, we apply 47 CFR 
73.622(e)(1) to DTS stations, but not 47 CFR 73.622(e)(2).CFR) We find 
unpersuasive MSTV's concern that the Table approach may allow DTS 
broadcasters to extend service into adjacent DMAs, as our rules would 
now allow such extension by single-transmitter stations. CFR
    27. Specifically, we adopt the following Table of Distances. CFRAs 
explained below, the distances represent circles within which DTS 
station coverage contours must be contained. In the vast majority of 
cases, the appropriate circle will equal or exceed a station's 
currently authorized coverage contour, including the contour within 
which the station will provide service at the end of the transition. 
The rule will provide for those exceptional situations in which this is 
not the case. (CFRThis situation will occur where a station's 
authorized single-transmitter antenna height above average terrain 
(``HAAT'') exceeds the standard maximum HAAT (Section 73.622(f) of our 
rules specifies an HAAT associated with the maximum allowed power, and 
any increase in HAAT above that height requires a corresponding 
decrease in the allowed maximum power) and where the average terrain 
elevation in different directions from the station's transmitter site 
are significantly different from each other.)

----------------------------------------------------------------------------------------------------------------
                                                          F(50,90) field
             Channel                      Zone               strength           Distance from reference point
----------------------------------------------------------------------------------------------------------------
2-6.............................  1..................  28 dBu.............  108 km. (67 mi.).
2-6.............................  2 and 3............  28 dBu.............  128 km. (80 mi.).
7-13............................  1..................  36 dBu.............  101 km. (63 mi.).
7-13............................  2 and 3............  36 dBu.............  123 km. (77 mi.).
14-51...........................  1, 2 and 3.........  41 dBu.............  103 km. (64 mi.).
----------------------------------------------------------------------------------------------------------------


[[Page 74054]]

    28. Waiver policy. We adopt a waiver policy to enable stations to 
address the type of loss experienced by WECT, Wilmington, NC (channel 
6), where many analog viewers of that station lost service when the 
station transitioned to digital-only operations. Notwithstanding our 
Table of Distances, on a case-by-case basis, we will permit a station 
to use DTS if doing so will enable it to continue to serve its existing 
analog viewers within its analog Grade B contour who would otherwise 
lose service as a result of its transition. (We will allow stations to 
apply for a waiver to use DTS to serve their former analog viewers even 
if there is another affiliate of the same network that will serve them, 
provided such service would not cause impermissible interference to 
another station. In acting on waiver requests, we may consider, among 
other things, the extent to which the area is currently served by other 
affiliates of the same network.) Moreover, we will consider a station's 
DTS proposal to serve lost analog viewers of another station affiliated 
with the same network, provided the station is geographically close to 
the affected area and use of DTS would not cause impermissible 
interference to another station. Because the purpose of this waiver 
policy is to maintain service to existing viewers after the digital 
transition, we will limit the use of DTS under this waiver policy to 
stations that apply by August 18, 2009 to provide such service and 
commit to build the DTS facility as quickly as possible. (We believe 
that providing the flexibility to apply within six months after the 
transition date will allow stations to deal with unforeseen 
circumstances that come to light when they make their transition.) We 
urge stations to determine now if they anticipate such a loss of 
service to current analog viewers and to apply as soon as possible to 
obtain an STA for DTS operation under the interim policy so that they 
can continue to provide uninterrupted service to the current analog 
viewers within their analog Grade B contour after they terminate their 
analog service. We delegate authority to the Media Bureau to consider 
waiver requests, which must be made in accordance with existing 
Commission rules. CFR After the new DTS rules and forms take effect, 
stations must apply to modify their facilities in order to obtain 
licensed authority to operate using DTS.
    29. Reference point. The reference point is one of the parameters 
used to calculate the area described by the Table of Distances. We will 
determine each DTS station's reference point using the allotment 
established in the Commission Order that created or made final 
modifications to the post-transition DTV Table, 47 CFR 73.622(i), and 
the corresponding facilities for the station's channel assignment as 
set forth in that Commission order. CFRCFR In the DTS NPRM, the 
Commission proposed use of a station's reference point in its 
certification (FCC Form 381) filed in connection with DTV channel 
election process; however, we find that the new post-transition DTV 
Table now provides a more relevant reference point. (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. The post-transition DTV Table is based on the results of 
the Commission's channel election process. The Commission attempted to 
accommodate broadcasters' channel preferences as well as their 
replication and maximization service area certifications (made via FCC 
Form 381).) Generally, a station would use its current reference point 
based on its Appendix B facility or the Order granting it a new 
channel, as appropriate. CFRUpon the appropriate public interest 
showing, a station may request a change to its reference point, just as 
stations have done historically, provided certain criteria are met. 
Such changes in reference points are subject to a station showing that 
the resulting service area circle fully encompasses the station's 
authorized service area. We decline to adopt the MWG additional 
proposal of allowing changes to reference points based on whether a DTV 
City Grade signal could be delivered over the principal community from 
a hypothetical maximized facility located at the proposed reference 
point, since this criteria could allow stations to move the center of 
their coverage area to nearly 90 km from the principal community. (The 
48 dBu DTV city grade contour extends approximately 90 km from the 
transmitter site for channels 14-51, assuming a fully maximized station 
with 1000kW ERP at 365m HAAT.)
    30. Uniform terrain. In parts of the country where the terrain is 
uniform, the Table of Distances illustrates the area that a station 
could serve if it operated a single-transmitter facility at the maximum 
effective radiated power (``ERP'') and antenna height above average 
terrain (``antenna HAAT'') allowed by our rules. (See 47 CFR 
73.622(f).) Reliance on this Table will facilitate licensees' use of 
DTS by eliminating the need for a two-step process: First, calculating 
the antenna height necessary to match the maximum allowed average 
antenna height and power for a single transmitter and, then, 
calculating the distances to the service contour in every direction 
based on the antenna HAAT in that direction. In most cases, the Table 
will match the potential maximized facilities of single-transmitter 
stations because most stations are not in areas where variations in the 
terrain result in significant variations in the coverage.
    31. Irregular terrain. We also will use the Table of Distances in 
areas in which irregular terrain is an issue. (Coverage contours of 
stations using non-directional transmitting antennas will be circular 
except where the surrounding terrain has a different average height in 
different directions. For example, if the average terrain to the North 
is 500 feet above mean sea level and the average terrain to the South 
is 1000 feet above mean sea level, the coverage contour will extend 
further to the north than it does to the south.) In such locations, 
single-transmitter stations' maximum service areas are distorted from a 
circular coverage contour to varying degrees. Where coverage does not 
reach as far due to terrain in one direction, a station would have a 
correspondingly larger coverage distance in other directions. In these 
cases, stations' single-transmitters may be authorized to serve people 
outside of the circular coverage contour because the average terrain 
calculation has allowed the station to be authorized for a larger 
coverage contour in one direction (one that would not have been reached 
if there was no terrain issue). In these circumstances, we will permit 
stations to provide DTV service within their authorized coverage area.
    32. Location of DTS Transmitters. We require that each DTS 
transmitter be located within either the DTV station's Table of 
Distances area or the station's authorized service area (i.e., 
predicted noise-limited service contour (``PNLC''). CFR We disagree 
with MWG and the Coalition that there may be situations where placement 
of a DTS transmitter outside of a station's authorized service area may 
be necessary to provide meaningful service to the communities that are 
near the edge of the station's PNLC. We find that transmitters placed 
inside, but near the edge of, a station's authorized service area can 
adequately serve the communities in that area.

[[Page 74055]]

    33. DTS Coverage. We require that each DTS transmitter's coverage 
must be contained within either the DTV station's Table of Distances 
area or its authorized service area, except where such extension of 
coverage beyond the station's authorized service area is of a minimal 
amount and necessary for the station to provide coverage to its entire 
authorized service area. (CFR Stations may not extend coverage beyond 
their authorized service area, unless it is necessary to serve their 
entire authorized service area. Stations are not required to cover 
their entire Table of Distances area.) The coverage for each DTS 
transmitter is determined based on the F(50,90) field strength given in 
the Table of Distances, calculated in accordance with Section 
73.625(b). The combined coverage of a DTS station is the logical union 
of the coverage of all DTS transmitters.CFR We recognize, and agree 
with commenters, that in circumstances where transmitters are placed 
inside but near the edge of a station's authorized service area, it may 
be technically difficult to ensure that signals from that transmitter 
will not carry beyond the station's authorized service area. For most 
stations, our decision to use the Table of Distances based on maximum 
facilities will allow them flexibility to cover their entire authorized 
service area with DTS service. For those situations in which a 
station's authorized service area extends beyond its Table of Distances 
coverage, we will consider, on a case-by-case basis, requests to locate 
a DTS transmitter inside, but near the edge of, the station's 
authorized service area with facilities that may result in signal 
transmissions beyond that area by a minimal distance. (CFRThis rule 
represents an exception to the prohibition of secondary DTS service 
beyond a station's authorized service area. We recognize that such 
service may also be necessary for stations to serve an area within the 
current analog Grade B that is not within the station's digital service 
contour, as permitted by the waiver process discussed infra paragraph 
28.) Such placement must be shown to be necessary to adequately serve 
the population inside of a station's authorized service area. In 
addition, DTS transmitters will be limited to power levels such that 
any individual DTS transmitter's coverage would only exceed the 
station's authorized service area by a minimal amount. We note that the 
Commission has considered such a request under the interim DTS policy. 
We will not protect DTS service from another DTV station's interference 
beyond the station's authorized service area and DTS signals beyond the 
authorized service area must protect other authorized DTV facilities. 
We delegate authority to the Media Bureau to consider these requests.
    34. Digital On-Channel Translator. Alternatively, as previously 
noted, stations seeking to serve the communities near the edge of their 
PNLC may apply for a digital on-channel translator/LPTV station. 
Authority for operation of digital on-channel translator/LPTV station 
was established in the Digital LPTV Report and Order, in which the 
Commission permitted digital LPTV and TV translator stations to 
retransmit programming directly received on the same TV channel with 
the consent of the licensee of the original input signal. Digital on-
channel translator/LPTV stations must be separately licensed (on a 
secondary basis) under part 74 of the rules. The on-channel translator/
LPTV station is technically equivalent to an on-channel booster. (To 
the extent that a station demonstrates a need to use a non-
synchronized, on-channel digital booster to serve terrain-shadowed 
portions of their service areas (much in the same manner as analog 
boosters are used), we will permit stations on a case-by-case basis to 
request STA to use an on-channel digital booster. Consideration of 
authorizing a digital booster service may be more appropriately 
addressed in the Digital LPTV docket.) However, unlike a booster, the 
protected signal contour of an on-channel translator/LPTV station is 
not confined to the protected contour of the associated TV broadcast 
station. Applications for new on-channel translator/LPTV stations must 
be filed in the same manner as other applications for new TV translator 
or LPTV stations. The proposed facilities of these stations are subject 
to the interference standards, criteria and procedures applicable to 
other LPTV and translator applications.
    35. ``Largest Station'' Alternative. As an alternative to the Table 
of Distances Approach for determining the hypothetically maximized 
service area, full-power stations may use the ``largest station'' 
provision in Section 73.622(f)(5) of the rules. (47 CFR 73.622(f)(5) 
provides that licensees assigned a DTV channel in the initial DTV Table 
of Allotments may request an increase in either effective radiated 
power (``ERP'') in some direction or antenna height above average 
terrain (``antenna HAAT'') that exceeds the initial technical 
facilities authorized for the allotment. 47 CFR 73.622(f)(5). Such 
increases are limited to maximum powers specified in paragraphs (f)(6) 
through (f)(8) of that section. Where specified antenna HAAT values are 
exceeded, the maximum ERP generally is reduced in accordance with the 
appropriate chart or formula in those paragraphs. Paragraph (f)(5) also 
allows the maximum ERP and HAAT combination to be ``up to that needed 
to provide the same geographic coverage area as the largest station 
within their market, whichever would allow the largest service area.'' 
Such requests must include an engineering showing that the increase 
would not result in new interference.) Section 73.622(f)(5), which 
seeks to equalize the coverage areas of all stations within a market 
and address disparities between VHF and UHF stations, permits stations 
to exceed the ERP and antenna HAAT limits in order to ``provide the 
same geographic coverage area as the largest station within their 
market.'' This rule was clarified in the 2001 First DTV Periodic Report 
and Order. In clarifying the rule, the Commission stated: ``First, the 
maximum ERP limits (1000 kW for UHF channels 14-69 in any zone; 30 kW 
for VHF channels 7-13 in Zone 1; 160 kW for VHF channels 7-13 in Zone 2 
or 3; 10 kW for VHF channels 2-6 in Zone 1; and 45 kW for VHF channels 
2-6 in Zone 2 or 3) may not be exceeded. The ``largest station'' 
provision applies only where the rules normally require a reduction in 
the maximum power because a specified antenna HAAT is exceeded. That 
is, it does not allow power higher than the maximum ERP to compensate 
for an antenna HAAT that is lower than the value specified in the rule. 
Second, the ``largest station'' provision is only triggered where a 
station in the same market is serving a larger area than could be 
covered with the standard maximum power and antenna height specified in 
section 73.622(f) of the rules. Otherwise, applicants must comply with 
the maximum power and antenna height in that rule Section. Third, for 
the purpose of this rule, stations in the same DMA are considered to be 
in the same market. Fourth, the geographical coverage determination is 
based on the area within the DTV station's noise-limited contour, 
calculated using predicted F(50,90) field strengths as set forth in 
Section 73.622(e) of the rules and the procedure specified in Section 
73.625(b) of the rules. Under this provision an application may not 
request a power and antenna height combination that would result in 
coverage of more square kilometers of area than the largest station in 
the market. It is not necessary that the application specify coverage 
that is congruent with or encompassed

[[Page 74056]]

by the coverage area of the largest station. Stations are not expected 
to shift their coverage area in order to use this provision of the 
maximum power rules. Finally, DTV stations are still subject to the 
interference protection requirements, even when availing themselves of 
this provision.'' In comments, the Coalition and KJLA advocate that we 
permit DTS stations to also use this rule to maximize their service 
area. (The Coalition and KJLA say that stations should be able to 
choose the larger of (1) the hypothetically maximized service area 
using the Table of Distances Approach or (2) ``the service area of the 
station in the DMA with the greatest population and coverage area'' 
(their so-called ``Equal Service Area Approach''). We note that this 
proposal refers to population when only geographic area is considered 
by Section 73.622(f)(5). In conjunction with this approach, the 
Coalition again seeks secondary DTS service throughout a DMA. As 
explained above, we decline to authorize secondary DTS use throughout 
the DMA to which a station is assigned by Nielsen.) We agree that the 
service areas available to single-transmitter stations should also be 
available to DTS stations. To the extent that a single-transmitter 
station may now seek an increased coverage area under Section 
73.622(f)(5), we will permit a DTS station to do the same. Unlike 
single-transmitter stations, DTS stations likely will not actually need 
to exceed the ERP and antenna HAAT limits in order to provide the same 
geographic coverage area as the largest station within their market. 
Thus, DTS stations seeking to maximize under this rule to cover an area 
greater than can be covered using the values in the Table of Distances 
may request an increase in ERP and antenna HAAT values to determine the 
circle within which all DTS station coverage contours must be 
contained. In other words, DTS stations may obtain the same coverage 
under the rule as would a single-transmitter station, provided the DTS 
service would not result in new interference.
    36. In addition, MSTV expresses interest in using ``DTS to expand 
service into traditionally underserved rural areas in which populations 
have historically been insufficient to sustain a viable, full-service 
over-the-air station.'' We believe the rules we adopt here address 
MSTV's interest. As noted above, under part 74 of our rules, DTV 
stations may now offer expanded service on a secondary basis through 
use of either a digital LPTV or digital translator station. We expect 
that the same technologies used by DTS will offer stations the ability 
to use a synchronized on-channel digital translator to achieve the goal 
of reaching traditionally underserved rural areas, while minimizing 
mutual interference with the parent station.
3. ``Cherry-Picking'' Prohibited
    37. We adopt our proposal in the DTS NPRM to require that DTS 
stations provide at least the same level of service they would provide 
were they using their single-transmitter facilities. Specifically, we 
will not accept an application proposing use of DTS if the combined 
coverage from all of the transmitters fails to cover the entire area 
within the applicant's authorized service area. CFR Further, each DTS 
transmitter's coverage must be contiguous with at least one other DTS 
transmitter's coverage. CFR We find that this rule will prevent 
stations from using DTS technologies to favor some populations within 
their service area over others, a practice sometimes referred to as 
``cherry-picking.'' (As discussed infra, stations applying to use DTS 
must have an authorized service area or establish an authorized service 
area prior to filing their DTS application.)
    38. Most commenters agree that ``cherry-picking'' should be 
prohibited. CDE, however, disagrees that a cherry-picking rule is 
necessary, saying that DTS stations have no greater incentive than 
single-transmitter stations to reduce service via cherry-picking. (CDE 
argued that ``the concern over cherry-picking by a broadcaster 
employing DTS is predicated on an incentive to reduce service that is 
greater than the incentive for a single-stick broadcaster'').) CDE also 
says ``existing rules for serving certified populations are more than 
sufficient to prevent reduction in service.'' We disagree and find that 
the use of a multiple-transmitter system in lieu of a single-
transmitter facility by DTS broadcasting presents an opportunity for 
abuse that must be contained before it starts. While the incentive to 
fully serve a coverage area, whatever it may be, may be the same for 
DTS and single-transmitter stations, alike, the opportunity to pick and 
choose populations within the station's service area is not. Existing 
viewers, including those in sparsely populated areas, rightly will 
expect to receive television service regardless of the technology 
employed by the station. Therefore, because of the different means that 
DTS and single-transmitter stations will use to deliver service, we 
find it necessary to impose restrictions to eliminate the opportunity 
for ``cherry-picking.'' We recognize, however, that some difference in 
coverage between conventional and DTS operations may be unavoidable, 
but we intend to keep this concern and public service obligations in 
mind when we review applications to use DTS technologies.
    39. Specifically, we adopt the proposed contour overlap method to 
prohibit ``cherry-picking.'' CFR This is the same approach used under 
the interim rules. The contour overlap method evaluates whether a DTS 
station would serve ``essentially all of its replication coverage 
area;'' or, in other words, whether all viewers within a station's 
replicated service area are predicted to be served by a station's 
current transmitter. (Under the interim rules, we require that the 
combined DTS noise-limited service be provided over all of a station's 
replication service area and requiring overlapping contours to be sure 
that every location in a station's replication service area is within 
the PNLC of at least one proposed DTS transmitter).) Contour overlap 
ensures that the station's service area is contiguous and does not 
consist of unconnected areas of service separated by populated areas 
that are not served. (This rule and the general prohibition on cherry-
picking also applies to stations using DTS to maximize beyond their 
current service contour.) This rule furthers one of the major goals of 
adopting DTS, which is to provide improved service, particularly in 
geographic areas that have been difficult to reach with the signal from 
a single transmitter. Accordingly, we will deny any application to 
construct DTS facilities that would result in a loss of service to the 
population currently served within the licensee's service contour. We 
agree with MWG that this will be an effective way of assuring that the 
population within a station's service area receives service. We will 
require that these viewers be predicted to receive the minimally 
necessary signal strength (based on the FCC curves F(50,90) propagation 
model) from at least one DTS transmitter. CFR We will keep the same 
considerations in mind in evaluating any requests for waiver to provide 
service to current analog service areas within the station's analog 
Grade B contour.

D. Licensing and Technical Rules

    40. We adopt our proposals in the DTS NPRM to apply to DTS stations 
the part 73 licensing and technical rules that apply to DTV single-
transmitter stations. The record supports this conclusion and we 
address the specific provisions of the new rules in the section below. 
As we discuss below,

[[Page 74057]]

stations that wish to apply to use DTS under the new rules may do so 
after the rules take effect and the new forms and processing program 
are available. Until the new rules and forms are effective, stations 
may apply to use DTS under the existing interim policy as a request for 
STA. (47 CFR 73.1635.) A station that wishes to use DTS to ensure 
uninterrupted service for its current analog viewers may apply under 
the interim policy and request a waiver, if necessary. The record is 
insufficient to support use of DTS for new stations that do not yet 
have an authorized service area. Accordingly, stations applying to use 
DTS must have an authorized service area or establish an authorized 
service area prior to filing their DTS application. If there is 
demonstrated interest in or need for DTS as an option for new stations, 
we can initiate a rulemaking, or interested parties may file a petition 
for rulemaking.
1. Technical Rules: Power, Antenna Height, and Emission Mask
    41. We adopt our proposal in the DTS NPRM to apply to DTS stations 
the Part 73 DTV effective radiated power (``ERP''), antenna height 
above average terrain (``antenna HAAT'') and emission mask rules 
applicable to single-transmitter stations. (See 47 CFR 73.622(f).) The 
record supports this conclusion. We will require that each transmitter 
in a DTS system conform to the maximum power and emission mask 
requirements applicable to single-transmitter stations. (We are 
convinced by MWG who argues that the relative powers of distributed 
transmitters in a network must be carefully chosen to optimize the 
service the network provides and should not be unnecessarily 
constrained.) We find that this approach will offer DTS stations 
flexibility in designing their system to maximize DTV service, while 
limiting their potential for causing interference, in light of the 
service area limitations adopted above and the post-transition 
interference protection requirements that were adopted in the Third DTV 
Periodic Report and Order. CFR
    42. We apply to all primary DTS transmitters the full-power DTV 
emission mask rules. (See 47 CFR 73.622(h)(1).) We decline to adopt 
relaxed out-of-band emission designator mask requirements for very low 
power DTS transmitters, as requested by Harris. We recognize that 
secondary stations, such as digital LPTV and translators, may now use 
relaxed emission masks and that applying those standards to low-power 
primary DTS transmitters may offer some cost savings. (See 47 CFR 
74.794(a)(2).) But we agree with MWG that when transmitters are located 
in dense RF environments, such as when multiple stations build a common 
DTS network with collocated transmitters, there might be a significant 
increase in the noise floor that could affect all of the stations. We 
find that the increased risk of interference is not worth the 
relatively small savings that could be realized by using a relaxed 
emission mask.
2. Licensing Issues
    43. We adopt our proposal in the DTS NPRM to apply to DTS stations 
the part 73 DTV licensing rules applicable to single-transmitter DTV 
stations, as supported by the record. CFR We also conclude that DTS 
transmitters will not be separately licensed but will be part of a 
linked group that will be covered by one construction permit and 
license. We find that this is a simple and efficient way to license DTS 
transmitters. DTS stations will use the same application filing and 
processing procedures applicable to single-transmitter DTV stations. 
CFR Accordingly, DTS stations will also be subject to the rules 
recently established for DTV stations in the Third DTV Periodic Report 
and Order.
    44. Specifically, stations will request authority to construct DTS 
facilities by filing a single application that includes either (1) a 
main transmitter and one or more additional transmitters that will 
collectively use the DTS technology, or (2) two or more smaller DTS 
transmitters. A station may add to its DTS network of transmitters 
using a minor change application for a construction permit to change a 
licensed DTV facility, or for a modified construction permit to change 
a DTV facility authorized by a construction permit. Such applications 
will be processed in accordance with the DTV processing rules and 
guidelines. We will revise FCC Forms 301, 340 and 302-DTV to 
accommodate requests for DTS systems. Until the new rules and forms are 
effective, we will continue to accept DTS proposals under our interim 
policy to be evaluated as requests for STA. We recognize that stations 
may wish to use DTS to ensure that their current analog viewers do not 
lose service after the station transitions to digital-only operation. A 
station that wishes to use DTS for this purpose need not wait for the 
final rules to take effect but may apply under the interim policy and 
request a waiver under existing Commission rules, if necessary. CFR 
Stations that receive an STA to use DTS under the interim policy must 
file for a modification after the rules take effect and the forms are 
available in order to continue using DTS for their post-transition 
operations.
    45. Principal community coverage requirement. As noted above, part 
73 will apply to DTS stations as they would to single-transmitter 
stations and this includes our principal community coverage 
requirement. (See 47 CFR 73.625.) This rule, which commenters agree 
must also apply to full-power DTS stations, requires a DTV broadcast 
station to provide a specified signal contour over its community of 
license to ensure that local residents receive service (sometimes 
referred to as a predicted signal strength that is ``noise-limited plus 
7 dB''). CFR We will strictly enforce this requirement when evaluating 
DTS proposals and require that the coverage from one or more DTS 
transmitter(s) must provide principal community coverage as required in 
Section 73.625(a). CFR The record supports this conclusion. However, we 
remain concerned that, in cases where DTS stations propose to use 
multiple transmitters to comply with Section 73.625(a), the interaction 
between the signals from the different transmitters may make reception 
difficult or impossible in some part of the overlapping coverage areas. 
Therefore, while we will afford DTS stations the flexibility to satisfy 
our principal community coverage requirement with multiple 
transmitters, we will disallow proposals that fail to address this 
concern.
3. Interference Rules and Calculations
    46. Consistent with our decision to apply part 73 to DTS stations, 
we will evaluate DTS proposals using the same interference standard 
adopted for DTV stations' post-transition operations in the Third DTV 
Periodic Report and Order. (See 47 CFR 73.616.) As already noted, 
commenters generally support application of the part 73 rules to DTS 
broadcasters. (Commenters raised other issues in the docket that we 
decline to address at this time. We will not address the issue of 
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. 
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. For the same reason, we also decline address 
comments seeking the conversion of our database's coordinate data from 
the North American Datum of 1927 (NAD27) to the more recent North 
American Datum of 1983 (NAD83).

[[Page 74058]]

However, we may address this issue in a future proceeding so we can 
consider the issue in the context of all media operations.)
    47. Interference from DTS Stations. A DTS station must not cause 
more than 0.5 percent new interference to another station in accordance 
with Section 73.616 of the rules. (47 CFR 73.616 states ``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.'') We will calculate 
interference from DTS stations based on the combined signals of all the 
DTS transmitters in a network. In the DTS NPRM, the Commission asked 
whether to calculate interference based on each DTS transmitter 
individually or, based more conservatively, on the combined signals of 
all the DTS transmitters. Commenters generally support measuring the 
combined interference effect of multiple DTS transmitters. For purposes 
of compliance with this rule, we adopt the root-sum-square (``RSS'') 
method of calculating interference from multiple DTS transmitters, 
rather than adding up the aggregate interference from each individual 
DTS transmitter, commonly referred to as a ``direct summation'' 
approach. This means that the combined field strength level at a given 
location is equal to the square root of the sum of the squared field 
strengths from each transmitter in the DTS network at that location. 
CFR We note that the RSS method differs from the direct summation 
method used under the interim rules. CDE and MWG advocated use of the 
RSS method. MSTV and NAB suggested a direct summation approach, but did 
not address the RSS method. (MSTV and NAB suggest aggregating the 
interference from individual co-channel DTS transmitters in making 
interference calculations.) We agree with CDE and MWG that the RSS 
method in virtually all situations will best approximate actual 
interference from multiple DTS transmitters and is less likely to 
overestimate interference. (We agree with MWG, which states that 
``there is virtually no possibility that the receiver will coherently 
sum interfering signals from two undesired transmitters; summing the 
undesired signals would be overly pessimistic.'') We will use the RSS 
method to calculate both adjacent channel and co-channel interference.
    48. DTS protection from interference. As mentioned above, we are 
applying the same interference protection standard for DTS stations as 
we do for traditional single-transmitter DTV stations. Accordingly, a 
DTS station must be protected from interference in accordance with the 
criteria specified in Section 73.616 (i.e., the 0.5 percent new 
interference standard). CFR To determine compliance with the 
interference protection requirements of Section 73.616, the population 
served by a DTS station shall be the population within the station's 
combined coverage contour, excluding the population in areas that are 
outside (1) The DTV station's authorized service area, (2) the Table of 
Distances area, and (3) the DTS coverage authorized under the waiver 
policy in paragraph 28 to prevent the loss of analog service. For DTS 
stations, a population within the combined coverage contour will be 
considered to have service if it is predicted, using the OET-69 
methodology, to receive sufficient signal strength from at least one 
DTS transmitter individually. In other words, the field strengths of 
DTS transmitters in a network will not be combined for the purposes of 
determining service to a population within the station's combined 
coverage contour. Section 73.616(e) also states that, ``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.'' For purposes of applying this 
provision to DTS stations, we will not consider self interference to be 
masking interference. In the DTS NPRM, we noted MWG's suggestion that, 
for purposes of analyzing interference from its neighbors, internal 
interference between DTS transmitters in a single system should be 
ignored, and sought comment on this issue. We received no additional 
comment on this issue. We agree with MWG and expect that a DTS system 
designed with good engineering practice should have minimal self 
interference. We may, however, revisit this issue if we are presented 
with evidence of significant self interference.
    49. Changes to OET Bulletin No. 69. Commenters also state that we 
must modify the methodology in our OET Bulletin No. 69 (OET-69) to 
properly calculate interference from multiple DTS transmitters. 
Currently, our application processing software based on OET-69 
methodology only considers interference from a single transmitter. We 
agree and will adapt our application processing software and OET-69 
methodology to determine the combined impact from multiple 
transmitters. Specifically, we will modify OET-69 and our software 
implementing the methodologies described therein to consider 
interference to a station's service from the multiple DTV transmitters 
operated by a station using a DTS network. This change will not affect 
the current OET-69 method under which the interference impact to a 
station from other stations that operate from a single antenna are 
considered individually; rather the interference impact of multiple 
transmitters will be limited to only the DTS transmitters operated by a 
single station. This change will be issued in a forthcoming update of 
OET-69.
4. Synchronization Standard
    50. As proposed in the DTS NPRM, we will not require DTS 
transmitters to comply with a particular synchronization standard, such 
as that approved by the Advanced Television Systems Committee 
(``ATSC''), as long as the synchronization technology used is effective 
in minimizing interference within the system and otherwise will provide 
service to the population within a station's service area consistent 
with the Commission's rules. The record supports this conclusion. (We 
note that CBA says that Class A and LPTV stations using DTS should not 
have to comply with the ATSC technical standard and that the Commission 
should allow experimentation with an alternative technical standard, 
such as COFDM.) We agree with MSTV that the synchronization standard 
should be flexible to encourage the development and enhancement of 
synchronization technology. Stations, of course, must continue to 
comply with the ATSC standards for digital television, as required by 
our rules. (See 47 CFR 73.682(d).)
    51. We also agree with MSTV that the essential patents to employ 
the synchronization technology used in DTS should be licensed on a 
reasonable and nondiscriminatory (``RAND'') basis. Under RAND policies, 
patent holders commit themselves to offer their patents for licensing 
on RAND terms. In the DTS NPRM, the Commission noted that MWG has 
patent interests in the technology contained in the ATSC 
synchronization standard for DTS. By not requiring a particular 
synchronization standard, we seek to avoid requiring DTS broadcasters 
to use a patented technology. In cases where stations choose to use a 
patented technology, we expect that such use will be offered on RAND 
terms. We note that the ATSC patent policy requires a patent holder to 
file a statement with ATSC to disclose whether the patent

[[Page 74059]]

holder will commit itself to offer its patents for licensing on RAND 
terms. MWG has filed a patent statement in accordance with this policy 
to license its patents on RAND terms. Consistent with our previous 
patent policy for DTV, we reiterate our expectation that the licensing 
of the patents for DTS technology will be on RAND terms and if a future 
problem is brought to our attention, we will consider it and take 
appropriate action.

E. Class A and Low Power DTS

    52. First, we approve on an experimental basis the use of DTS 
technologies by a single digital Class A TV, digital LPTV or digital TV 
translator station to provide service within its authorized service 
area. Second, as proposed in the DTS NPRM, we permit a licensee of 
multiple digital Class A TV, digital LPTV, and/or digital TV translator 
stations to operate through interconnected single-frequency DTS 
networks, but will continue to separately license each station in this 
interconnected single-channel network. In this section, we first 
discuss the use of DTS by a single digital Class A TV, digital LPTV and 
digital TV translator station to provide DTS service in the same manner 
as a full-power DTS station, i.e., to provide service within the 
station's authorized service area. (The service area of a Class A TV 
station is defined by 47 CFR 73.6010(c) and (d). The service area of a 
digital LPTV or translator station is defined by 47 CFR 74.792.) Then, 
we discuss the use of DTS by multiple Class A or low power stations to 
operate through interconnected single-frequency DTS networks.
    53. Single-station DTS. We will allow low power stations to request 
an experimental license to use DTS to build out their digital 
facilities, as we offered to full power stations in 2004. However, at 
this time, we believe that it is premature and unnecessary to create 
DTS service rules for individual Class A and low power stations to use 
DTS in place of a single transmitter to provide service within the 
protected contour of the authorized station. In the DTS NPRM, the 
Commission generally sought comment on whether to allow Class A and low 
power stations to use DTS to provide service within their authorized 
service area. While noting that such stations may benefit from use of 
DTS technologies to overcome terrain limitations and avoid 
interference, the DTS NPRM also noted that the service area of a Class 
A or LPTV station is typically much smaller than that of a DTV 
broadcast station and, thus, Class A and low power stations may have 
less need for distributed stations. The comments generally support 
allowing these stations to use DTS to serve authorized service areas. 
For example, Holston Valley and Smith note that low power UHF stations 
can achieve large service contours, for which DTS would help overcome 
the same reception problems faced by full-power stations. (We note that 
the protected signal contour of a digital UHF low power station 
operating with the maximum permitted ERP of 15,000 watts at an antenna 
height of 152.4 meters (500 feet) is predicted to extend 49.9 
kilometers (29.1 miles).) The CBA states that there will be Class A and 
LPTV licensees interested in experimenting with DTS technologies.
    54. The record is not instructive on the specific means to 
implement a Class A or secondary low power DTS service. We believe that 
low power stations should be able to use DTS for individual station 
operation. However, we do not have an adequate record at this time to 
resolve the technical issues for low power stations as they differ from 
full power stations. Nor do we have sufficient indication of widespread 
interest in DTS among individual low power stations to warrant 
initiating a further notice at this time. We recognize that low power 
stations generally serve a much smaller geographic area than most full 
power stations. Consequently, the likelihood of needing DTS to provide 
service is low. Moreover, Class A and low-power stations do not face 
the same DTV transition deadline as full-power stations, thereby 
reducing the urgency for post-transition low power DTS rules. Low power 
stations are in the early stages of transitioning to digital service 
and do not yet have a deadline for terminating analog service. To 
provide maximum flexibility, we will allow low power stations to 
request an experimental license to use DTS to build out their digital 
facilities, as we offered to full power stations in 2004. If there is 
demonstrated interest in or need for DTS as an alternative for 
individual low power stations on a permanent basis, we can initiate a 
rulemaking at that time. For now, Class A and low power stations that 
wish to experiment with DTS technologies may request STA on a case-by-
case basis.
    55. Interconnected Networks of Class A Stations. We permit a 
digital Class A TV licensee to use DTS technologies to operate a group 
of commonly-owned stations with contiguous predicted DTV noise-limited 
contours through interconnected single frequency networks that carry 
common locally-produced programming within the market area served by 
the station group. (The market area for locally produced programming of 
a digital Class A station is the area within the station's predicted 
DTV noise-limited contour, as defined in Section 73.622(e), based on 
the station's authorized facilities. With respect to a group of 
commonly-owned stations, digital Class A stations whose predicted 
noise-limited contours are physically contiguous to each other comprise 
the market area for locally produced programming. CFRCFR We will not 
issue a single DTS license for such interconnected stations.) Because 
the rules now permit a digital Class A TV licensee to offer common 
locally-produced programming within the contiguous predicted DTV noise-
limited contours of any of the digital Class A stations in a commonly-
owned group, we find that we should permit the more spectrally-
efficient single-frequency network of commonly-owned stations with 
contiguous predicted DTV noise-limited contours. (See 47 CFR 
73.6000(2).) Accordingly, we will not reject a digital application of a 
Class A station to change its channel on the basis of predicted 
interference to another commonly-owned station in the same market area. 
Applications for such digital Class A TV stations must be filed using 
the process proposed in the digital LPTV proceeding. We will not 
otherwise permit single-frequency networks of commonly-owned digital 
Class A stations (i.e., stations with non-contiguous contours) and we 
will separately license each station in the single-frequency network 
(i.e., we will not issue a single DTS license for such interconnected 
stations).
    56. In the DTS NPRM, the Commission proposed to authorize Class A 
TV licensees to use DTS technologies to operate a single-frequency 
network of a group of commonly owned digital Class A stations. 
Commenters were split on this proposal. One group of commenters support 
such single-channel networks of commonly-owned Class A stations because 
it would be spectrally efficient. The other group of commenters oppose 
such networks, claiming that it would in effect change the regulatory 
status of Class A TV stations. Specifically, MSTV and NAB assert that 
allowing Class A TV licensees to use DTS to operate such single-channel 
networks throughout a station's market area would convert such networks 
into a single Class A ``super'' station that would change the 
regulatory relationship between full-power and Class A stations. 
(Paxson adds that Class A licensees should not be given such an 
opportunity to expand throughout a market area unless full-

[[Page 74060]]

power broadcasters are also allowed the opportunity to serve an entire 
DMA.)
    57. We conclude that our current rules permit Class A stations to 
use a single-frequency DTS network to interconnect. Therefore, to the 
extent that Class A stations may now offer service throughout the 
contiguous predicted DTV noise-limited contours of a commonly owned 
group of digital Class A stations, we will allow it. When there are 
commonly owned stations in the same market, the individual stations 
operate on different TV channels in order to avoid interference to 
reception. Use of a common channel in a Class A station group using DTS 
technologies would promote spectrum efficiency and may also provide an 
alternative for licensees whose stations may someday face channel 
displacement and possible cessation of operation. We also note that our 
rules do not now preclude licensees from operating such commonly owned 
stations on the same channel, albeit with the potential for 
interference. (A change in channel not related to channel displacement 
is a major change for which an application can only be filed in an 
established filing window.) Use of DTS technology could significantly 
lessen the interference risk among such stations depending on local 
conditions. Moreover, each of the commonly owned Class A stations in 
the same market is separately licensed and, with certain exceptions, 
must satisfy the regulatory requirements for a Class A station. That 
is, the operation of each of the Class A stations in such networks 
would, in most respects, be the same as their operation as stand-alone 
digital stations with regard to protected service area, permitted ERP, 
and minimum hours of operation. These stations would be authorized with 
the same regulatory status accorded stand-alone digital Class A 
stations under the existing Class A interference standards. (See 47 CFR 
Part 73, subpart J.)
    58. We find that the above provisions for use of DTS technologies 
do not alter the statutory status of Class A stations. The Commission 
established the Class A television service pursuant to the Community 
Broadcasters Protection Act of 1999 (``CBPA'') in order to preserve 
low-power community television service. (See 47 U.S.C. 336(f)(1). 
Congress directed the Commission to establish a Class A TV service to 
provide a measure of primary status to certain LPTV stations so that 
those stations could continue to operate during and after the DTV 
transition. The CBPA directed that Class A licensees must be subject to 
the same license terms and renewal standards as full power television 
licensees, and that Class A licensees should be accorded primary status 
as television broadcasters as long as they continue to meet the 
requirements set forth in the statute. Class A TV stations are similar 
in many respects to LPTV stations; their operations are generally 
governed by the same technical standards. Unlike LPTV stations, Class A 
stations must comply with part 73 regulations applicable to full-
service TV broadcast stations, except for those that cannot apply for 
technical or other reasons. Class A stations also are afforded certain 
interference protection rights not available to LPTV stations. The 
Class A service rules (Part 73, Subpart J) also contain provisions for 
the operation of digital Class A TV stations.) Class A stations provide 
locally originated programming, often to rural and urban communities 
that have either no or little access to such programming. Such stations 
are owned by a wide variety of licensees, including minorities, women, 
educational organizations and small businesses, and often provide niche 
programming to residents of specific ethnic, racial, and interest 
communities. The Class A service promotes diversity and localism in 
television broadcasting. The CBPA provided Class A eligibility for 
licensees of commonly owned LPTV stations broadcasting common local 
programming produced in the combined market area of these stations.
    59. Interconnected Networks of Low Power Stations. We permit 
digital LPTV and TV translator stations to interconnect through the use 
of a single-frequency DTS network. We find that they can do so within 
the framework of their service rules. (See 47 CFR Part 74, Subpart G.) 
Unlike Class A networks, low power networks do not raise any policy 
considerations because they involve only secondary service. Moreover, 
these low power stations have no minimum coverage obligations.

V. Conclusion

    60. By this Report and Order, we adopt rules for DTV broadcasters' 
use of DTS technologies. The rules we adopt herein will apply to DTV 
operations after the February 17, 2009 transition date. These rules 
will improve DTV stations' ability to serve all viewers in their 
service areas. In particular, DTS will benefit viewers who would not 
otherwise be reached by conventional means. We recognize that some 
stations may need to use DTS to provide digital service to current 
analog viewers who are within the station's Grade B contour after they 
terminate analog broadcasting. We will accept requests for waivers from 
the rules we are adopting, as well as deviations from the Interim 
Policy, to permit and expedite service for viewers in these areas who 
would otherwise lose service from the station, and, in particular, if 
the viewers would be without service from any affiliate of the same 
network.

VI. Procedural Matters

A. Final Regulatory Flexibility Analysis

    61. As required by the Regulatory Flexibility Act of 1980 
(``RFA''), the Commission has prepared a Final Regulatory Flexibility 
Analysis (``FRFA'') relating to this Report and Order. (See 5 U.S.C. 
603. The RFA has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (``SBREFA''), Public Law 104-121, 
Title II, 110 Stat. 847 (1996). The SBREFA was enacted as Title II of 
the Contract With America Advancement Act of 1996 (``CWAAA'').) As 
required by the Regulatory Flexibility Act (``RFA''), an Initial 
Regulatory Flexibility Analysis (``IRFA'') was incorporated in the 
Notice of Proposed Rulemaking (``DTS NPRM'') to this proceeding. The 
Commission sought written public comment on the proposals in the DTS 
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.
1. Need for, and Objectives of, the Report and Order
    62. This Report and Order adopts rules for the use of distributed 
transmission system (``DTS'') technologies. The rules adopted in this 
Report and Order will allow DTV station licensees and permittees to use 
DTS technologies where feasible in place of a single transmitter to 
provide service as authorized. In summary, we take the following 
actions to authorize and implement DTS service:
     We define a DTS service area as being comparable to that 
of a station's single transmitter facility, and, to implement this 
approach, we will determine a station's potential maximum authorized 
service area using the ``Table of Distances'' proposed in our DTS NPRM.
     We adopt a waiver policy to permit a station to use DTS if 
doing so will enable it to continue to serve its existing analog 
viewers who would otherwise lose service as a result of its transition 
to digital service.
     We require that DTS transmitters be located within either 
the DTV station's Table of Distances area or its authorized service 
area.

[[Page 74061]]

     We adopt rules to prohibit stations from using DTS to 
``cherry-pick'' service.
     We afford primary regulatory status to the multiple 
transmitters used in a DTS network within the areas that such DTS 
transmitters are authorized to serve.
     We apply to DTS stations the Part 73 licensing and 
technical rules that apply to DTV single-transmitter stations.
     We will evaluate DTS proposals using the same interference 
standard adopted for DTV stations' post-transition operations in the 
Third DTV Periodic Report and Order. We also adopt the root-sum-square 
(``RSS'') method of calculating interference from multiple DTS 
transmitters.
     We permit a licensee of multiple digital Class A TV, 
digital LPTV, and/or digital TV translator stations to operate through 
interconnected single-frequency DTS networks but will continue to 
separately license each station in this interconnected single-channel 
network.
     We approve on an experimental basis the use of DTS 
technologies by a single digital Class A TV, digital LPTV or digital TV 
translator station to provide service within its authorized service 
area.
    We find that these rules will improve some DTV stations' ability to 
serve more of their viewers within their service areas. For example, we 
expect that DTS will be especially useful in mountainous areas where 
single transmitters have been unable to reach viewers in valleys or 
those blocked by elevated terrain. Furthermore, DTS may be a useful 
tool for stations to prevent some loss of service to existing analog 
viewers resulting from changes to the station's service area in the 
transition to digital service. These rules will apply to post-
transition operations (i.e., operations after February 17, 2009). DTS 
proposals related to pre-transition operations will continue to be 
evaluated under the Commission's interim policy.
2. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    63. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.
3. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply
a. Entities Directly Affected by Rules
    64. 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 herein. 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. 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.
    65. The rules adopted by this Report and Order will permit DTV 
broadcast stations to use DTS technologies where feasible in place of a 
single transmitter to provide service as authorized. We adopt our 
tentative conclusion in the DTS NPRM that only television broadcast 
station licensees and permittees will be directly affected by the rules 
adopted herein. Therefore, in this FRFA, we consider the impact of the 
rules 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.
    66. 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 $14.0 million in annual 
receipts. Business concerns included in this industry are those 
``primarily engaged in broadcasting images together with sound.'' The 
Commission has estimated the number of licensed commercial television 
stations to be 1,376. According to Commission staff 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 $14.0 million or less and thus 
qualify as small entities under the SBA definition. 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. 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.
    67. 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.
    68. Class A TV, LPTV, and TV translator stations. The rules and 
policies adopted herein 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 $14.0 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 $14.0 
million and thus may be categorized as small, except to the extent that 
revenues of affiliated non-translator or booster entities should be 
considered.
b. Entities Not Directly Affected by Rules
    69. We adopt our tentative conclusion that the rules adopted herein 
will not directly affect any other types of entities

[[Page 74062]]

other than television broadcast station licensees and permittees. In 
the DTS NPRM, we invited comment on this tentative conclusion but 
received no comments on this issue. In particular, out of an abundance 
of caution, we invited comment from any small cable operators or small 
multichannel video programming distributors (MVPDs) who believed they 
might be directly affected by the proposed rules contained in the DTS 
NPRM. Because the rules adopted herein pertain only to the technology 
employed in television broadcasting, we find that these rules will not 
directly affect small cable operators or small MVPDs. We, thus, adopt 
our conclusion that these entities fall outside the scope of this FRFA. 
Accordingly, we do not discuss these entities, which were listed in the 
IRFA.
4. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements
    70. The rules adopted by this Report and Order will permit 
television broadcast licensees to use DTS technologies in lieu of a 
single-transmitter to operate their television broadcast stations. Use 
of DTS is at the option of the broadcast licensee. The rules do not 
impose any mandatory reporting, recordkeeping and other compliance 
requirements, unless the licensee chooses to use DTS. The rule changes 
that will directly affect reporting, recordkeeping and other compliance 
requirements are described below.
    71. The rules adopted by this Report and Order require that DTS 
transmitters be part of a linked group that will be covered by one 
construction permit and license. DTS transmitters will not be 
separately licensed. Unless otherwise indicated, the rules adopted by 
this Report and Order will apply the current requirements and processes 
for DTV stations, or, where appropriate, analog TV stations. The 
Commission intends to use application filing and processing procedures 
similar to the current procedures for DTV licensing. FCC Forms 301 and 
340 will be modified to accommodate the use of DTS. Specifically, 
licensees will request authority to construct DTS facilities by filing 
a single application that includes either (1) a main transmitter and 
one or more additional transmitters that will collectively use the DTS 
technology, or (2) two or more smaller DTS transmitters. In addition, a 
licensee may add to its DTS network of transmitters using a minor 
change application for a construction permit to change a licensed DTV 
facility, or for a modified construction permit to change a DTV 
facility authorized by a construction permit. Such applications will be 
processed in accordance with the Commission's current processing rules 
and guidelines, which includes requiring that the coverage from one or 
more DTS transmitter(s) must provide principal community coverage as 
required in Section 73.625(a) of the rules.
5. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered
    72. 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.
    73. The rules adopted by this Report and Order will permit 
broadcast stations to use DTS technologies where feasible in place of a 
single transmitter to provide service as authorized. The use of DTS 
technologies is not mandatory and only television broadcast licensees 
who choose to employ a DTS network will be impacted by the rules. 
Specifically, we conclude that small broadcasters will benefit from the 
opportunities offered by DTS technologies. Although no commenters 
specifically address the IRFA, the record does show many benefits of 
DTS to small broadcasters. Small broadcasters will share in the 
benefits to all broadcasters discussed in Section III.A., supra, which 
include uniform signal levels throughout a licensee's service area, the 
ability to operate at reduced power to achieve the same coverage, a 
reduced likelihood of causing interference to neighboring licensees, an 
ability to overcome terrain limitations, and more reliable indoor 
reception. Of particular importance to small broadcasters, the use of 
DTS technologies will allow stations to reach rural and remote areas 
that cannot now be served by conventional means. Finally, the 
Commission is not imposing any adverse economic impact on small 
entities by the rules adopted in this Report and Order because the 
rules will impact small broadcasters only if they choose to avail 
themselves of the opportunities afforded by them; therefore, no 
discussion of alternatives is necessary.
6. Report to Congress
    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.

B. Final Paperwork Reduction Act Analysis

    74. This Report and Order was analyzed with respect to the 
Paperwork Reduction Act of 1995 (``PRA'') and contains modified 
information collection requirements, including changes to FCC Forms 301 
and 340 to accommodate applications for DTS systems. (The Paperwork 
Reduction Act of 1995 (``PRA''), Public Law 104-13, 109 Stat. 163 
(1995) (codified in Chapter 35 of Title 44 U.S.C.).) 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 
the modified information collection requirements contained in this 
proceeding. (44 U.S.C. 3507(d).) In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002 (``SBPRA''), the Commission 
sought specific comment in the DTS NPRM on how it might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.'' (The Small Business Paperwork Relief 
Act of 2002 (``SBPRA''), Public Law 107-198, 116 Stat. 729 (2002) 
(codified in Chapter 35 of title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).) 
We received no comment on this issue.
C. Congressional Review Act
    75. The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office, 
pursuant to the Congressional Review Act. (See 5 U.S.C. 801(a)(1)(A). 
The Congressional Review Act is contained in Title II, section 251, of 
the CWAAA; see Public Law 104-121, Title II, section 251, 110 Stat. 
868.)

D. Additional Information

    76. For more information on this Report and Order, please contact 
Evan Baranoff, Policy Division, Media Bureau at (202) 418-7142, Gordon 
Godfrey,

[[Page 74063]]

Engineering Division, Media Bureau at (202) 418-2193, or John Gabrysch, 
Engineering Division, Media Bureau at (202) 418-7152.

VII. Ordering Clauses

    77. Accordingly, it is ordered that, pursuant to Sections 1, 4(i) 
and (j), 7, 301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337 
of the Communications Act of 1934, 47 U.S.C 151, 154(i) and (j), 157, 
301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337, this Report 
and Order is adopted, and the Commission's rules are amended as set 
forth in Appendix B, and shall be effective January 5, 2009, except 
Sec.  73.626(f) which contains information collection requirements that 
have not been approved by OMB. The changes to FCC Forms 301 and 340 are 
subject to the PRA and are not effective until approved by the OMB. The 
Commission will publish a notice in the Federal Register announcing 
when OMB approval for these forms and information collections have been 
received and these rules will take effect.
    78. It Is Further Ordered that, pursuant to Section 5(c) of the 
Communications Act of 1934, 47 U.S.C. 155(c), the Chief, Media Bureau, 
is granted delegated authority to review and process requests and 
applications to use DTS technologies.
    79. It Is Further Ordered that, pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A), the Commission shall send a copy of 
this Report and Order in a report to Congress and the General 
Accounting Office.
    80. It Is Further Ordered that the Reference Information Center, 
Consumer Information Bureau, 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.

List of Subjects in 47 CFR Part 73

    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 part 73 as follows.

PART 73--RADIO BROADCAST SERVICES

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

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


0
2. Add a new Sec.  73.626 to read as follows:


Sec.  73.626  DTV distributed transmission systems.

    (a) A DTV station may be authorized to operate multiple 
synchronized transmitters on its assigned channel to provide service 
consistent with the requirements of this section. Such operation is 
called a distributed transmission system (DTS). Except as expressly 
provided in this section, DTV stations operating a DTS facility must 
comply with all rules applicable to DTV single-transmitter stations.
    (b) For purposes of compliance with this section, a station's 
``authorized service area'' is defined as the area within its predicted 
noise-limited service contour determined using the facilities 
authorized for the station in a license or construction permit for non-
DTS, single-transmitter-location operation.
    (c) Table of Distances. The following Table of Distances describes 
(by channel and zone) a station's maximum service area that can be 
obtained in applying for a DTS authorization.

----------------------------------------------------------------------------------------------------------------
                                                          F(50,90) field
             Channel                       Zone           strength (dBU)       Distance from reference point
----------------------------------------------------------------------------------------------------------------
2-6..............................  1...................                28  108 km. (67 mi.).
2-6..............................  2 and 3.............                28  128 km. (80 mi.).
7-13.............................  1...................                36  101 km. (63 mi.).
7-13.............................  2 and 3.............                36  123 km. (77 mi.).
14-51............................  1, 2 and 3..........                41  103 km. (64 mi.).
----------------------------------------------------------------------------------------------------------------

    (1) DTV station zones are defined in Sec.  73.609.
    (2) DTS reference point. A station's DTS reference point is 
established in the FCC Order that created or made final modifications 
to the Post-Transition DTV Table of Allotments, Sec.  73.622(i), and 
the corresponding facilities for the station's channel assignment as 
set forth in that FCC Order.
    (d) Determining DTS coverage. The coverage for each DTS transmitter 
is determined based on the F(50,90) field strength given in the Table 
of Distances (in paragraph (c) of this section), calculated in 
accordance with Sec.  73.625(b). The combined coverage of a DTS station 
is the logical union of the coverage of all DTS transmitters.
    (e) DTS protection from interference. A DTS station must be 
protected from interference in accordance with the criteria specified 
in Sec.  73.616. To determine compliance with the interference 
protection requirements of Sec.  73.616, the population served by a DTS 
station shall be the population within the station's combined coverage 
contour, excluding the population in areas that are outside both the 
DTV station's authorized service area and the Table of Distances area 
(in paragraph (c) of this section). Only population that is predicted 
to receive service by the method described in Sec.  73.622(e)(2) from 
at least one individual DTS transmitter will be considered.
    (f) Applications for DTS. An application proposing use of a DTS 
will not be accepted for filing unless it meets all of the following 
conditions:
    (1) The combined coverage from all of the DTS transmitters covers 
all of the applicant's authorized service area;
    (2) Each DTS transmitter's coverage is contained within either the 
DTV station's Table of Distances area (pursuant to paragraph (c) of 
this section) or its authorized service area, except where such 
extension of coverage beyond the station's authorized service area is 
of a minimal amount and necessary to meet the requirements of paragraph 
(f)(1) of this section;
    (3) Each DTS transmitter's coverage is contiguous with at least one 
other DTS transmitter's coverage;
    (4) The coverage from one or more DTS transmitter(s) is shown to 
provide principal community coverage as required in Sec.  73.625(a);
    (5) The ``combined field strength'' of all the DTS transmitters in 
a network does not cause interference to another station in excess of 
the criteria specified in Sec.  73.616, where the combined field 
strength level is determined by a ``root-sum-square'' calculation, in 
which the combined field strength level at a given location is equal to 
the square root of the sum of the squared field strengths

[[Page 74064]]

from each transmitter in the DTS network at that location.
    (6) Each DTS transmitter must be located within either the DTV 
station's Table of Distances area or its authorized service area.

0
3. Add a new Sec.  73.6023 to read as follows:


Sec.  73.6023  Distributed transmission systems.

    Station licensees may operate a commonly owned group of digital 
Class A stations with contiguous predicted DTV noise-limited contours 
(pursuant to Sec.  73.622(e)) on a common television channel in a 
distributed transmission system.

    Note: The following Appendices will not be included in the Code 
of Federal Regulations.

Appendix A: List of Commenters

Comments

    1. Alliance for Local Broadcasters (``Alliance'') (filed 02/06/
06).
    2. Association of Public Television Stations (``APTS'') (filed 
02/06/06).
    3. Coalition for DTS (``Coalition'') (Joint Comments filed 02/
06/06). (The Coalition members include: Tribune Broadcasting 
Company, Media General, Inc., Clear Channel Television, Meredith 
Broadcast Group, California Oregon Broadcasting, Inc., Holston 
Valley Broadcasting Corporation, Reading Broadcasting, Inc., 
Oklahoma Land Company LLC, and Axcera, LLP.)
    4. Cohen, Dippell and Everist, P.C. (``CDE'') (filed 02/06/06).
    5. Community Broadcasters Association (``CBA'') (filed 02/06/
06).
    6. Harris Corporation (``Harris'') (filed 02/06/06).
    7. Holston Valley Broadcasting Corporation (``Holston Valley'') 
(filed 02/06/06).
    8. KJLA, LLC (KJLA), KMVD Licensee Co., LLC (KMVD), and Rancho 
Palos Verdes Broadcasters, Inc. (RPVB) (``KJLA, LLC et al'') (Joint 
Comments filed 02/06/06).
    9. LIN Television Corporation (``LIN'') (filed 02/06/06).
    10. Louis Martinez Family Group (``LMFG'') (filed 02/06/06).
    11. Merrill Weiss Group LLC (``MWG'') (late filed 02/07/06).
    12. Association for Maximum Service Television, Inc. (``MSTV'') 
(filed 02/06/06).
    13. National Association of Broadcasters (``NAB'') (filed 02/06/
06).
    14. New America Foundation, et al. (includes Media Access 
Project, ``MAP'') (``NAF, et al.'') (Joint Comments filed 02/06/06). 
(The complete list of commenters jointly filing with the New America 
Foundation (NAF) in this pleading include: Acorn Active Media 
Foundation (Acorn), Action Coalition for Media Education, Alliance 
for Community Media, Benton Foundation, Center for Digital Democracy 
(CDD), Center for Neighborhood Technology, Champaign-Urbana 
Community Wireless Network (CUWiN), Citizens for Independent Public 
Broadcasting, Common Cause, Consumer Federation of America (CFA), 
FreeNetworks.org, Free Press, Future of Music Coalition, Hawaii 
Consumers, MediaChannel.org, Media Access Project (MAP), Media 
Alliance, Prometheus Radio Project, Reclaim the Media, and Tribal 
Digital Village.)
    15. Owens, Whitney (filed 02/06/06).
    16. Paxson Communications Corporation (``Paxson'') (filed 02/06/
06). (Paxson changed its name last year to ION Media Networks 
(``ION'').)
    17. Reading Broadcasting, Inc. (``RBI'') (filed 02/06/06).
    18. Rohde & Schwarz, Inc. and Samsung (Joint Comments) (filed 
02/06/06).
    19. Siete Grande Television, Inc. (``Siete Grande'') (filed 02/
06/06).
    20. Smith, Thomas C. (``Smith'') (filed 02/06/06).
    21. SunBelt Television, Inc. (``SunBelt'') (filed 02/06/06).
    22. The Pennsylvania State University (``PSU'') (filed 02/06/
06).
    23. TVPlus LLC (filed 02/06/06).

Reply Comments

    1. CDE (filed 03/07/06).
    2. Coalition (late filed 03/10/06).
    3. Cox Broadcasting, Inc. (filed 03/07/06).
    4. KJLA, LLC et al (filed 03/07/06).
    5. MWG (late filed 03/08/06).
    6. MSTV (filed 03/07/06).
    7. NAB (filed 03/07/06).
    8. Paxson (filed 03/07/06).
    9. Reading (filed 03/07/06).
    10. TVPlus LLC (filed 03/07/06).
    11. Word of God Fellowship, Inc. (filed 03/07/06).
    12. Wireless Internet Provider's Association (filed 02/27/06).

[Appendix B: Rule Changes--Reserved.]

    [Note: The rules codified in this Report and Order (FCC 08-256), 
which were contained in Appendix B of the Report and Order, are set 
forth in this document, following the signature block.]

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[[Page 74065]]

Appendix C: Changes to FCC Forms 301 and 340
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[Appendix D: Final Regulatory Flexibility Act Analysis--Reserved.]

    [Note: The Final Regulatory Flexibility Act Analysis, which was 
contained in Appendix D of the Report and Order (FCC 08-256), is set 
forth in section VI of the SUPPLEMENTARY INFORMATION of this 
document.]

[FR Doc. E8-28855 Filed 12-4-08; 8:45 am]
BILLING CODE 6712-01-C