[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23805-23809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10628]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 16-306, GN Docket No. 12-268; DA 17-442]


Incentive Auction Task Force and Media Bureau Announce Procedures 
for the Post-Incentive Auction Broadcast Transition

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) provides guidance for low power television (LPTV), 
television translator (TV translator) and analog-to-digital replacement 
translator (DRT) stations (referred to collectively as ``LPTV/
translator stations'') regarding the post-auction transition period 
with the completion of the broadcast television spectrum incentive 
auction (Auction 1000). The purpose of this notice is to summarize and 
clarify the rules and procedures governing the post-auction transition 
for LPTV/translator stations.

DATES: May 24, 2017.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 17-442; MB Docket No. 16-306, GN Docket No. 12-268, 
released May 12, 2017. The complete text of this document is available 
for public inspection during regular business hours in the FCC 
Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC 
20554, or online at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0515/DA-17-442A1.pdf.

Displacement Public Notice

    The Media Bureau will announce a limited window (Special 
Displacement Window) for LPTV/translator stations subject to 
displacement as a result of the incentive auction and repacking process 
to submit displacement applications. The Special Displacement Window 
will be announced after full power and Class A television stations 
reassigned to new channels in the repacking process have had an 
opportunity to apply for their preferred facilities. The exact dates 
for the Special Displacement Window will be announced by public notice 
(Displacement Public Notice) approximately seven to eight months after 
release of the Closing and Channel Reassignment Public Notice on April 
13, 2017. The Displacement Public Notice will be released not less than 
60 days prior to the opening of the Special Displacement Window. The 
Special Displacement Window will remain open for 30 days.
    Channel Study. The Displacement Public Notice will provide channel 
availability data to assist eligible LPTV/TV translator stations in 
identifying potential new channels in the repacked TV bands, consistent 
with the Commission's direction in the LPTV DTV Third R&O. 
Specifically, the data will identify locations and channels where LPTV/
translator stations cannot propose displacement facilities because of 
the presence of other non-displaced LPTV/translator stations, full 
power and Class A television stations or land mobile operations. The 
data will be based on use of the incentive auction software nationwide 
and the full power and Class A television station technical parameters 
in the Closing and Channel Reassignment Public Notice, as well as any 
full power and Class A television modifications proposed in the two 
alternate channel/expanded facilities filing windows. The data will be 
provided on the same 2x2 kilometer basis as utilized in ``TVStudy,'' 
the

[[Page 23806]]

repacking software used in connection with the incentive auction. While 
LPTV/translator stations applying for displacement channels will still 
be required to show that their proposals would not cause impermissible 
interference to other full power, Class A and LPTV/translator stations, 
identification of the locations and channels where eligible LPTV/
translator stations cannot propose to operate will facilitate the LPTV/
translator displacement application process by providing critical 
information on where applicants can do so. Stations are encouraged to 
use this information to help identify available channels and to use 
TVStudy to verify that the displacement facilities they propose will 
satisfy station needs while not creating harmful interference. Once a 
channel is identified, stations are encouraged to file for it during 
the Special Displacement Window.
    Eligibility to File in Special Displacement Window. To be eligible 
to file in the Special Displacement Window, an LPTV/translator station 
must be both ``operating'' and ``displaced.'' ``Operating'' LPTV/
translator stations are those that had licensed their authorized 
construction permit facilities or had an application for a license to 
cover on file with the Commission on April 13, 2017--the release date 
of the Closing and Channel Reassignment Public Notice. In order to be 
``displaced'' for purposes of filing in the Special Displacement 
Window, an LPTV/translator station must: (1) Be subject to displacement 
by a full power or Class A television station on the repacked 
television band (channels 2-36) as a result of the incentive auction 
and repacking process, (2) be licensed on frequencies repurposed for 
new, flexible use by a 600 MHz Band wireless licensee, or (3) be 
licensed on frequencies that will serve as part of the 600 MHz Band 
guard bands (which includes the duplex gap).
    Application Filing Procedures. Eligible stations may file a 
displacement application on FCC Form 2100--Schedule C. Displacement 
applications will be treated as a ``minor change.'' There is no fee for 
filing a displacement application.
    Limits on Modification. During the Special Displacement Window, all 
of the requirements of the current displacement rules will continue to 
apply (e.g., required interference showing and limits on transmitter 
moves) except for the requirement that displacement applications be 
submitted only after the primary station obtains a construction permit 
or license. Eligible digital stations may propose a change in 
transmitter site of not more than 48 kilometers from the reference 
coordinates of the existing station's community of license. Eligible 
analog stations may propose a change in antenna location of not more 
than 16.1 kilometers.
    In addition, eligible stations may apply only for a channel that 
remains allocated to broadcast television service (i.e., channels 2-
36), and not for channels that have been repurposed for the new, 
flexible 600 MHz Band wireless services or reserved for the 600 MHz 
guard band and duplex gap (i.e., former television channels 38-51). In 
their displacement applications, stations will be required to 
demonstrate that they would not cause interference to the predicted 
service of: (1) All other primary users in the repacked TV Band or in 
adjacent bands including land mobile operations, (2) licenses and valid 
construction permits for LPTV/translator stations; (3) licenses and 
valid construction permits for full power and Class A stations that 
were not reassigned; (4) the post-auction channels of reassigned full 
power and Class A stations as reflected in the Closing and Reassignment 
Public Notice, and (5) the alternative channels and expanded facilities 
proposed during the two filing windows by reassigned full power and 
Class A stations.
    So that as many potential channels as possible are available for 
operating LPTV/translator stations that are subject to displacement, 
stations are permitted to file displacement applications proposing pre-
auction channels in the repacked television band (channels 2-36) that 
full power and Class A stations will relinquish as a result of the 
incentive auction and repacking process. This includes channels being 
voluntarily relinquished by relinquishment stations, channel sharee 
stations, and band changing stations as well as the pre-auction 
channels of stations assigned to a new channel as a result of the 
incentive auction and repacking process. Ordinarily, such applications 
would be prohibited by the contingent application rule until such 
channels are actually vacated. The Media Bureau will look favorably, 
however, upon requests to waive the contingent application rule filed 
by operating LPTV/translator stations that are subject to displacement 
if the station can demonstrate that the requested channel is necessary 
to allow the station to continue to serve its current viewers. In 
addition, in order to comply with Section 73.3700(g)(2), the station 
must agree to a condition that it will not begin transmitting on the 
requested channel prior to discontinuation of operation by the full 
power or Class A station that is licensed to use that channel. If the 
conditional grant requires an LPTV/translator station to be silent for 
a consecutive 12-month period prior to discontinuation of operation by 
the full power or Class A station, the Media Bureau will consider a 
request for extension or reinstatement pursuant to Section 312(g) of 
the Act and a request for waiver of the applicable Commission rule.
    Some LPTV/translator stations on channels in the repacked 
television band (channels 2-36) that would otherwise qualify as 
displaced stations may be able to avoid displacement by making minor 
changes to their existing facilities that bring those facilities into 
compliance with the interference rules. For example, an LPTV/translator 
station that will cause interference to a full power or Class A 
television station post-repack may make a minor change in power, 
antenna height or location that would eliminate such interference and 
allow the LPTV/translator station to continue broadcasting on its 
channel. LPTV/translator stations are encouraged to file such minor 
change applications as soon as possible. To create a stable database 
for stations filing in the Special Displacement Window, approximately 
30 days before the release of the Displacement Public Notice (which 
itself will be released no later than 60 days before the Special 
Displacement Window opens), the Media Bureau will issue a public notice 
freezing the filing of minor change applications by LPTV/translator 
stations. The freeze will be lifted upon the issuance of a later public 
notice after completion of the Special Displacement Window.
    Mutual Exclusivity and Priority for Displaced DRTs and DTDRT 
Applications. All displacement applications submitted during the window 
will be considered filed on the last day of the window and will be 
processed in accordance with the existing rules. Consistent with the 
Commission having found that doing so would serve the public interest, 
applicants will be given an opportunity to resolve their mutual 
exclusivity through settlement or engineering amendment that may be 
submitted during a settlement window to be announced by the Media 
Bureau by separate public notice.
    Should submitted applications remain mutually exclusive after the 
close of the settlement window, any application filed by a displaced 
analog-to-digital replacement translator (DRT) and any application for 
a new digital-to-digital replacement translator (DTDRT) will have 
priority over any application by a

[[Page 23807]]

displaced LPTV and TV translator station. DRT displacement applications 
and DTDRT applications have co-equal processing priority. Unless 
mutually exclusive with a co-equal application, a DRT displacement 
application or DTDRT application will be processed and, if granted, any 
pending LPTV and TV translator displacement application that is 
mutually exclusive with the granted application will be dismissed.
    If two or more DRT and DTDRT applications remain mutually exclusive 
with one another after the close of the settlement window, the 
applications will be subject to the Commission's competitive bidding 
rules. Likewise, if two or more LPTV or TV translator applications are 
not subject to a priority application by a displaced DRT or for a new 
DTDRT and remain mutually exclusive after the close of the settlement 
window, the applications will be subject to the Commission's 
competitive bidding rules.
    Construction Period, Extension of Time, and Tolling. Displaced 
LPTV/translator stations may be analog or digital and different 
construction periods apply to each type. A displaced LPTV/translator 
station operating in digital will have three years to construct its 
displacement facility. A displaced LPTV/translator station operating in 
analog is not subject to the three-year construction period. Rather, 
displaced analog stations are subject to the digital transition 
deadline of July 13, 2021 adopted in the LPTV DTV Third Report and 
Order. No later than this date, the displaced analog station must begin 
operating a digital facility or go silent. Upon completion of 
construction and initiation of service on their new channel, stations 
are required to submit an application for license by electronically 
filing FCC Form 2100--Schedule F on LMS within 10 days.
    Until March 13, 2021, any displaced LPTV/translator station (either 
analog or digital) that is unable to complete construction of its 
displacement facility by its deadline may seek an extension of time to 
construct of up to 180 days. Stations anticipating the need for an 
extension must submit an extension application electronically via LMS 
on FCC Form 2100--Schedule 337. An application for extension of time to 
construct must include an exhibit demonstrating that failure to meet 
the construction deadline is due to circumstances that are either 
unforeseeable or beyond the licensee's control and that the licensee 
has taken all reasonable steps to resolve the problem expeditiously. 
Such circumstances include, but are not limited to: (1) Delays in 
obtaining zoning or other approvals, or similar constraints; (2) 
inability to obtain equipment; or (3) financial hardship. The grant of 
an extension of time to complete construction on a new channel will in 
no way extend the deadline by which a station must terminate operations 
on its displaced channel.
    After March 13, 2021, additional time to construct may be sought 
only pursuant to the Commission's ``tolling'' rule. The tolling rule 
provides that a construction permit deadline may be tolled only for 
specific circumstances not under the licensee's control, such as acts 
of God or delays due to administrative or judicial review. Stations 
must electronically file tolling requests via LMS. Stations may also 
seek a waiver of the tolling rule to receive additional time to 
construct in the case where ``rare or exceptional circumstances'' 
prevent construction. With respect to tolling waivers, the Media Bureau 
will look favorably upon requests where a displaced station can 
demonstrate that it is unable to construct due to circumstances 
resulting directly from the post-auction transition, such as the 
inability to procure necessary resources because resources are 
unavailable due to the full-power and Class A post-auction transition.
    Silent Authority. If a station must go silent on its licensed 
channel prior to completing construction on its displacement channel, 
it may file a request for silent authority. We remind stations that a 
station may suspend operations for a period of not more than 30 days 
absent specific authority from the Commission. Stations that remain 
silent for more than 10 days must notify the Commission not later than 
the tenth day of their suspended operations by filing a Suspension of 
Operations Notification via LMS. Stations that need to remain silent 
for more than 30 days must file a Silent STA via LMS. There is no fee 
for this filing.
    The license of any station that remains silent for any consecutive 
12-month period expires automatically at the end of that period, by 
operation of law, except that the Commission may extend or reinstate 
such station license if the holder of the license prevails in an 
administrative or judicial appeal, the applicable law changes, or for 
any other reason to promote equity and fairness.

Displacement Procedures

    Following the initiation of service by a repacked full power or 
Class A television station or receipt of notice of likely interference 
to a new 600 MHz Band wireless licensee, LPTV/translator stations must 
immediately eliminate the likelihood of interference or discontinue 
operations. In addition, LPTV and TV translator stations must cease 
operations on the 600 MHz guard band and duplex gap no later than the 
end of the transition period (July 13, 2020).
    Stations on Channels 38-51. The repurposed spectrum associated with 
the 600 MHz Band Plan affects LPTV/TV translator stations operating on 
television channels 38-51 (614-698 MHz). The 600 MHz Band Plan is 
comprised of an uplink band (663-698 MHz) and a downlink band (617-652 
MHz) for the 600 MHz Band wireless service (the 600 MHz Band), a duplex 
gap (652-663 MHz) between these bands (the 600 MHz duplex gap), and a 
guard band (614-617 MHz) between the downlink band and channel 37 (the 
600 MHz guard band).
    In the Incentive Auction R&O, the Commission established a process 
under which LPTV/translator stations may continue operating on channels 
that were reallocated for use by 600 MHz Band wireless licensees unless 
the stations are notified in advance by a 600 MHz Band wireless 
licensee of likely interference with its operations in areas where it 
intends to commence operations. In addition, the Commission required 
that LPTV/TV translator stations must cease operations on the 600 MHz 
guard band and the duplex gap no later than the end of the transition 
period.
    Continued Operation Permitted in the 600 MHz Band for Wireless 
Services Until Wireless Licensees Commence Operations or Conduct FFA 
Testing. Subject to the advance notification requirements below, LPTV/
translator stations on channels that overlap with the 600 MHz Band 
(617-652 MHz/663-698 MHz) may continue operating until a 600 MHz Band 
wireless licensee commences operations (as defined below) or conducts 
FFA testing in an area where a station operates. The obligation to 
cease operations or eliminate the likelihood of harmful interference 
will apply even if the LPTV/translator station has yet to receive a 
displacement construction permit. To the extent that a 600 MHz wireless 
licensee commences operations or conducts FFA testing in an area of its 
geographic license where harmful interference from LPTV/translator 
stations would not be likely, these stations may continue to operate.
    ``Commencing operations'' is defined as the time when a 600 MHz 
Band wireless licensee conducts site commissioning tests. In this 
context, ``site commissioning tests'' include site activation and 
commissioning tests using permanent base station

[[Page 23808]]

equipment, antennas and/or tower locations as part of wireless 
licensee's site and system optimization in the area of its planned 
commercial service infrastructure deployment. The Commission provided 
for a limited exception to permit 600 MHz Band wireless licensees to 
undertake FFA testing (which occurs prior to site commissioning tests) 
on their licensed 600 MHz Band frequencies in limited areas, free from 
potential interference from secondary and unlicensed users, because 
such testing will speed deployment of the 600 MHz Band.
    The 600 MHz wireless licensee must provide notice to the LPTV/
translator station of its intent to commence operations and the 
likelihood of receiving harmful interference from the station in the 
form of a letter, by certified mail, return receipt requested. The 
notice must indicate the date that the 600 MHz Band licensee intends to 
commence operations or conduct FFA testing, and must be delivered to 
the LPTV/translator station not less than 120 days in advance of that 
date.
    Operations in the 600 MHz Guard Band and Duplex Gap. LPTV/TV 
translator stations must cease operations on the 600 MHz guard band 
(614-617 MHz) and the 600 MHz duplex gap (652-663 MHz) no later the end 
of the transition period (July 13, 2020). The 600 MHz guard band at 
614-617 MHz band overlaps with a portion of television channel 38, and 
the 600 MHz duplex gap at 652-663 MHz overlaps with all of television 
channel 45 and portions of channels 44 and 46. LPTV/TV translator 
stations may need to cease operations on these channels earlier than 
the end of the transition period to the extent that the station 
operations on specific frequencies associated with these channels are 
likely to cause harmful interference to 600 MHz Band wireless licensees 
that commence operations or conduct FFA testing, subject to the advance 
notification requirements summarized above.
    Stations on Channels 2-36. LPTV/translator stations on channels 2-
36 displaced by full power and Class A television stations as a result 
of the incentive auction and repacking process must eliminate the 
actual or predicted harmful interference or discontinue operations upon 
initiation of service by the displacing full power or Class A 
television station on its new channel.

Channel Sharing

    In the LPTV DTV Third R&O, the Commission adopted rules to permit 
channel sharing between LPTV and TV translator stations. In the event 
that the incentive auction and repacking process causes either (1) the 
sharer station to be subject to displacement or (2) both the sharer and 
the sharee stations to be subject to displacement, the applicable 
station(s) must file FCC Form 2100 Schedule C--application for a 
construction permit--specifying the identical technical facilities 
during the Special Displacement Window proposing to share the channel, 
including a copy of the channel sharing agreement as an exhibit. If 
only a potential sharee's station is subject to displacement as a 
result of the incentive auction and repacking process, the potential 
sharee station may file an application to propose sharing the sharer's 
non-displaced facilities at any time after April 13, 2017 and is not 
limited to filing during the Special Displacement Window. Channel 
sharing stations will have three years to implement their shared 
facilities and may avail themselves of the extension and tolling 
provisions.

New Digital-to-Digital Replacement Translators

    In the LPTV DTV Third R&O, the Commission established a new 
digital-to-digital replacement translator (DTDRT) service to allow 
eligible full power television stations to recover lost digital service 
area that could result from the repacking process. The Commission 
concluded that full power stations may begin to file for DTDRTs 
beginning with the opening of the Special Displacement Window outlined 
in Section III and ending one year after completion of the incentive 
auction transition period. Accordingly, DTDRT applications must be 
filed by July 13, 2021.
    Eligibility. Eligibility for DTDRTs is limited to full power 
television stations reassigned in the repacking process that can 
demonstrate: (1) A loss of a portion of their pre-auction digital 
service area; and (2) that the proposed DTDRT will be used solely to 
fill in such loss areas, subject to an allowance for a de minimis 
expansion of the station's pre-auction digital service area. Applicants 
for DTDRTs must demonstrate a digital loss area through an engineering 
study that depicts the station's pre- and post-incentive auction 
digital service areas. In addition, applicants must demonstrate that 
the loss resulted from the station being repacked.
    The Media Bureau may grant de minimis expansions of pre-auction 
digital service areas. Stations are required to show the need to site 
their proposed DTDRT facility with a de minimis expansion of the 
station's pre-auction digital service area. The Bureau will determine 
whether an expansion is de minimis on a case-by-case basis.
    DTDRT Application Filing Procedures. Eligible stations may file an 
application for a DTDRT electronically through LMS on FCC Form 2100--
Schedule C. DTDRT applications will be minor change applications, and 
will be exempt from filing fees. Full power television stations shall 
have a three-year construction period to build their authorized DTDRT 
facilities. The provisions for extension of time and tolling, including 
the tolling waiver policy will apply.
    Processing Priority. DTDRT applications will be afforded co-equal 
processing priority with displacement applications filed by full power 
television stations for their displaced analog-to-digital replacement 
translator stations (DRTs). Therefore, applications for new DTDRTs and 
displacement applications for existing DRTs will have processing 
priority over all other LPTV and TV translator applications including 
new, minor change, and displacement applications. Applications for 
DTDRTs may be filed commencing with the opening of the Special 
Displacement Window. All applications for new DTDRTs and displacement 
applications for existing DRTs filed during the Special Displacement 
Window will be considered filed on the last day of the window, will 
have priority over all other displacement applications filed during the 
window by LPTV and TV translator stations, and will be considered co-
equal if mutually exclusive. Following the close of the Special 
Displacement Window, applications for new DTDRTs will be accepted on a 
first-come, first-served basis, will continue to have priority over all 
LPTV and TV translator new, minor change or displacement applications, 
even if those applications were first-filed, and co-equal priority with 
displacement applications for existing DRTs filed on the same day.

Date for LPTV and TV Translator DTV Transition--July 13, 2021

    In the LPTV DTV Third R&O, the Commission extended the September 1, 
2015 digital transition date until July 13, 2021. All construction 
permits related to the LPTV and TV translator digital transition and 
construction permits for new digital LPTV and TV translator stations 
are hereby extended to July 13, 2021, and stations' records in LMS will 
be updated to reflect this date. All LPTV and TV translator stations 
must terminate all analog operations by 11:59 p.m. local time on July 
13, 2021 regardless of whether their digital facilities are 
operational.

[[Page 23809]]

    As the Commission stated in the LPTV DTV Third R&O, although the 
digital deadline has been extended, stations that are not affected by 
the incentive auction ``are encouraged to complete their transition to 
digital as soon as feasible after the completion of the auction.''
    Transitioning LPTV and TV translator stations, including permittees 
of new digital LPTV/TV translator stations, that experience delays in 
completing their digital facilities may seek one last extension of 
time, of not more than six months, to be filed not later than March 13, 
2021, which is four months prior to the new transition date of July 13, 
2021. After March 13, 2021, LPTV and TV translator stations seeking 
additional time to construct digital facilities will be able to obtain 
additional time to construct only through the tolling provisions in the 
rules. Stations may also seek a waiver of the tolling rule to receive 
additional time to construct in the case where ``rare or exceptional 
circumstances'' prevent construction. The Media Bureau will look 
favorably upon waiver requests where a station can demonstrate that it 
is unable to construct due to circumstances resulting directly from the 
post-auction transition, such as the inability to procure necessary 
resources because such resources are unavailable due to the full power 
and Class A post-auction transition.
    To ensure that viewers are aware of the impending termination of 
analog service, stations must provide notification to viewers of their 
planned transition to digital. Stations have the flexibility to 
determine the frequency, length, and content of their notifications. 
For those stations with the technical ability to locally originate 
programming, viewer notification must be done on the air at a time when 
the highest number of viewers are watching. For those stations that 
lack the technical ability to locally originate programming, or 
conclude that airing of viewer notifications would pose a hardship, 
they may notify viewers by some other reasonable means, e.g., 
publication of a notification in a local newspaper or by contacting the 
originating station to relay a crawl or service advisory to the 
communities that would be affected.

Lifting of Freeze on Filing of Displacement and Digital Companion 
Channel Applications To Be Announced in Future Public Notice

    The Media Bureau, on January 19, 2017, froze the filing of digital 
companion channel (DCC) applications and on June 11, 2014, froze the 
filing of displacement applications. The DCC and displacement 
application freeze will be lifted after the closing of the Special 
Displacement Window. The Media Bureau will announce the date the 
freezes are lifted in a future public notice, whereupon the Commission 
will once again accept DCC applications and displacement applications 
by LPTV/translator stations that are displaced pursuant to the rules.
    Displaced LPTV/translator stations that do not qualify for the 
Special Displacement Window (e.g., permittees that were not operating 
as of the Closing and Channel Reassignment Public Notice) and stations 
that were eligible but do not file during the Special Displacement 
Window must wait until the freeze is lifted to submit a displacement 
application. In addition, the provisions concerning construction 
periods, extensions of time, tolling and tolling waivers apply to these 
displaced permittees/stations.
    With respect to tolling waivers submitted by these displaced 
stations, the Media Bureau will look favorably upon requests where a 
displaced station can demonstrate that it is unable to construct due to 
circumstances resulting directly from the post-auction transition, such 
as the inability to procure necessary resources because such resources 
are unavailable due to the full power and Class A post-auction 
transition.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2017-10628 Filed 5-23-17; 8:45 am]
BILLING CODE 6712-01-P