[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36059-36060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14753]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 14-808]


Freeze on the Filing of Applications for Digital Replacement 
Translator Stations and Displacement Applications

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces a freeze on the filing of displacement 
applications by Class A television, low power television and TV 
translator stations and on the filing of applications for digital 
replacement translators.

DATES: This filing limitation become effective on June 11, 2014.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, Video Division, Media 
Bureau, (202) 418-2324, [email protected]

SUPPLEMENTARY INFORMATION: Effective immediately, the Media Bureau of 
the Federal Communications Commission announces a freeze on the filing 
of applications for digital replacement translator (DRT) stations and 
displacement applications for low power television (LPTV), TV 
translator, and Class A television stations pursuant to Sec. Sec.  
73.3572(a)(4) and 74.787(a)(4) of the Commission's rules. Because the 
digital transition was largely completed five years ago, in June 2009, 
and the Bureau issued a Freeze Public Notice on April 5, 2013, imposing 
limitations on the filing and processing of certain applications by 
full power and Class A television stations, there should be little 
occasion for new DRT and displacement applications to be filed. See 
Media Bureau Announces Limitations on the Filing and Processing of Full 
Power and Class A Television Station Modification Applications, 
Effective Immediately, and Reminds Stations of Spectrum Act 
Preservation Mandate, Public Notice, 28 FCC Rcd 4364. In addition, 
Class A television stations were subject to displacement only as the 
result of ``engineering solutions'' by full power stations to resolve 
``technical problems'' in replicating and maximizing the full power 
station's DTV service areas during the DTV transition. Consequently, 
the impact of this freeze on the LPTV, TV translator, and Class A 
services should be minimal.
    The Commission recently adopted rules to implement the broadcast 
television spectrum incentive auction authorized by the Middle Class 
Tax Relief and Job Creation Act of 2012, Public Law 112-96 Sections 
6402, 6403, 126 Stat. 156 (2012). In conjunction with the incentive 
auction, the Commission has announced that it will conduct a ``reverse 
auction'' and reorganization or ``repacking'' of the broadcast 
television bands in order to free up a portion of the ultra high 
frequency (UHF) band for new flexible uses. See In the Matter of 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions, MB Docket No. 12-268, Report and Order, FCC 14-50, 
released June 2, 2014. The facilities of DRT, LPTV, and TV translator 
stations will not be protected during repacking. Existing DRT, LPTV, 
and TV translator stations displaced by repacking will be permitted to 
file displacement applications in a special window to be opened 
following the completion of the auction.
    To facilitate the special displacement window and to protect the 
opportunity for stations displaced by repacking of the television bands 
to obtain a new channel from the limited number of channels likely to 
be available for application after repacking, the Media Bureau deems it 
appropriate to freeze the acceptance of additional DRT and displacement 
applications at this time. The Media Bureau will continue to process 
pending DRT and displacement applications. Following the completion of 
the incentive auction, the Media Bureau will announce the dates and 
procedures for the special displacement window.
    During the freeze, the Media Bureau will consider waiver requests 
by LPTV and TV translator stations that wish to submit a displacement 
application demonstrating that they are causing or receiving ``new 
actual'' interference to or from a full power television station. By 
``new'' interference, we mean interference that is a result of the 
initiation of new or modified service by a full power station during 
the freeze. To qualify for the waiver, the displacement applicant must 
demonstrate either actual interference within the noise limited contour 
of the full power station or actual interference to the displacement 
applicant's LPTV or TV translator station, either of which will result 
in the immediate loss of service to viewers, thus necessitating the 
grant of its application. Although the Commission is not accepting 
modification applications for changes to existing television service 
areas that would increase a full power station's noise-limited contour 
or a Class A station's protected contour in one or more directions 
beyond the area resulting from the station's authorized facilities as 
of the April 5, 2013 freeze,

[[Page 36060]]

and the likelihood of ``new'' interference occurring to LPTV and TV 
translator stations is remote, we believe that it is important to allow 
the filing of a displacement application in such rare cases. We do not 
anticipate waiving the freeze to accept applications for new DRT 
stations. That service was created to enable full power stations to 
reach existing in-contour analog viewers that would not otherwise 
receive service from a station on termination of its analog service and 
completion of its DTV transition, which took place no later than June 
12, 2009. Full power stations have had adequate time since then to 
identify such loss areas and apply for a DRT. We similarly do not 
anticipate waiving the freeze to accept Class A displacement 
applications, since those stations were subject to additional 
interference only from full power stations that encountered ``technical 
problems'' in replicating or maximizing their digital service areas 
during the DTV transition.
    Minor change applications and applications for digital flash cut 
and digital companion channels filed by existing LPTV and TV translator 
stations, and by Class A stations, will continue to be accepted for 
filing.
    The decision to impose this freeze is procedural in nature, and 
therefore is not subject to the notice and comment and effective date 
requirements of the Administrative Procedure Act, 5 U.S.C. 553(b)(A), 
(d). Moreover, we find that there is good cause for not delaying the 
effect of these procedures until 30 days after date of publication in 
the Federal Register. Such a delay would be impractical, unnecessary, 
and contrary to the public interest because it would undercut the 
purposes of the freeze.
    This action is taken by the Chief, Media Bureau pursuant to 
authority delegated by 47 CFR 0.283 of the Commission's rules.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2014-14753 Filed 6-24-14; 8:45 am]
BILLING CODE 6712-01-P