[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Proposed Rules]
[Pages 70489-70491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27614]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 03-185; DA 19-1231]


Low Power Television Digital Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Media Bureau seeks to update the record 
in MB Docket No. 03-185 on the operation of analog radio services by 
digital low power television stations (LPTV) as ancillary or 
supplementary services.

DATES: 
    Comments Due: January 22, 2020.
    Reply Comments Due: February 6, 2020.

ADDRESSES: You may submit comments, identified by MB Docket No. 03-185, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://fjallfoss.fcc .gov/
ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    [ssquf] Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW, Washington, DC 20554.
    Availability of Documents. Comments, reply comments, and ex parte 
submissions will be available for public inspection during regular 
business hours in the FCC Reference Center, Federal Communications 
Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These 
documents will also be available via ECFS. Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the FCC's 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (TTY).
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Notice

[[Page 70490]]

of Proposed Rulemaking, DA 19-1231, released December 4, 2019. The full 
text is available for inspection and copying during regular business 
hours in the FCC Reference Center, 445 12th Street SW, Room CY-A257, 
Portals II, Washington, DC 20554, and may also be purchased from the 
Commission's copy contractor, BCPI, Inc., Portals II, 445 12th Street 
SW, Room CY-B402, Washington, DC 20554. Customers may contact BCPI, 
Inc. via their website, http://www.bcpi.com, or call 1-800-378-3160. 
This document is available in alternative formats (computer diskette, 
large print, audio record, and Braille). Persons with disabilities who 
need documents in these formats may contact the FCC by email: 
[email protected] or phone: 202-418-0530 or TTY: 202-418-0432.

Synopsis

    1. In this document, the Media Bureau (Bureau) seeks to update the 
record in MB Docket No. 03-185 on the operation of analog radio 
services by digital low power television stations (LPTV) as ancillary 
or supplementary services under Sec.  74.790(i) of the Commission's 
rules. Due to the impending deadline for elimination of the analog LPTV 
service, and recent developments in the record, the Bureau seek to 
refresh the record in this proceeding.
    2. Historically, some analog LPTV stations licensed on channel 6 
have operated with very limited visual programming and an audio signal 
that is programmed like a radio station. FM radio listeners are able to 
receive the audio portion of these LPTV stations at 87.76 MHz, which is 
adjacent to noncommercial educational (NCE) FM channel 201 (88.1 MHz). 
When these LPTV stations convert to digital, however, they will be 
unable to continue providing such radio service because the digital 
audio portion of their signal can no longer be received by standard FM 
receivers.
    3. As part of the transition from analog to digital operations, the 
Commission sought comment in a 2014 Notice of Proposed Rulemaking in MB 
Docket No. 03-185, 29 FCC Rcd 12536 (2014) (NPRM) on whether to allow 
LPTV stations on digital television channel 6 to continue to operate 
these analog FM radio-type services on an ancillary or supplementary 
basis. Specifically, the Commission sought comment on whether to permit 
LPTV stations on digital television channel 6 to operate dual digital 
and analog transmission systems. The Commission sought to determine 
whether a digital LPTV station can provide an analog FM radio-type 
service as an ancillary or supplementary service consistent with the 
Communications Act of 1934, as amended, and the rules. The Commission 
also sought comment on the potential for a digital LPTV station's 
analog FM radio-type service to interfere with or disrupt the LPTV 
station's digital TV service and/or interfere with primary licensees. 
Finally, the Commission asked whether such operations should be subject 
to the Part 73 rules applicable to FM radio stations and whether the 
analog FM radio-type service should be subject to the five percent fee 
imposed on revenues generated by ancillary or supplementary services. 
In a 2015 Report and Order, the Commission declined to decide this 
issue, and instead noted that it would make a determination at a later 
date.
    4. Given the upcoming deadline for LPTV to transition to digital, 
the Bureau finds it appropriate to refresh the record in this docket. 
Several parties have also recently raised some additional issues on 
which the Bureau seeks comment. For example, Venture Technologies 
Group, Inc., et al. (Channel 6 Commenters) maintains that LPTV 
licensees should be allowed to make ``the most efficient use of 
spectrum'' by providing analog FM radio-type service on an ancillary or 
supplementary basis. Preserve Community Programming Coalition (PCPC) 
agrees and recommends that the Commission modify its rules to allow 
those LPTV stations currently licensed and operating in analog on 
channel 6 to continue transmitting an analog audio carrier when they 
transition to digital operations on channel 6. Both commenters claim 
that the provision of independent aural and visual carriers are allowed 
under the rules and we seek comment on whether that is an accurate 
reading of the Commission's technical rules.
    5. In addition, Channel 6 Commenters and PCPC maintain that digital 
LPTV stations can operate with supplementary audio signals pursuant to 
the existing ancillary or supplementary services rules. The Bureau 
seeks comment on these matters. Specifically, the Bureau seeks comment 
on whether analog channel 6 LPTV stations currently operating an analog 
FM-radio type service should be permitted to continue to provide such 
service on an ancillary or supplementary basis after they transition to 
digital. Further, the Bureau seeks comment on whether, and how, the 
Commission could legally limit the number of stations eligible to offer 
such a service. Should the Commission determine to limit eligibility, 
the Bureau seeks comment on the basis for such a limitation. Should 
eligibility be limited to only those analog channel 6 LPTV stations 
``currently operating'' an analog FM radio-type service? How should the 
Commission define the term ``currently operating?'' Should ``currently 
operating'' be defined as an analog channel 6 LPTV station providing an 
analog FM radio-type service as of the release date of this Public 
Notice? The Bureau seeks comment on this proposal, other cut-off dates, 
or alternate ways to limit eligibility.
    6. Channel 6 Commenters and PCPC also maintain that analog radio 
signals ``can co-exist on the same 6 MHz channel as a digital [c]hannel 
6 LPTV station without harming TV or FM reception.'' Channel 6 
Commenters argues that ``no verifiable evidence has ever been produced 
showing that a channel 6 television station, operating within the 
lawful parameters of its license, causes harmful interference to an FM 
radio station.'' PCPC recommends revising the rules so that, ``if the 
operation of the LPTV station causes any actual interference to the 
transmission of any authorized FM broadcast station, the LPTV station 
should be required to eliminate the interference or immediately suspend 
operations.'' California State University Long Beach Research 
Foundation (Cal State) disagrees and maintains that the Commission's 
current rules ignore the potential for interference between LPTV 
channel 6 analog audio operations and FM radio stations which Cal State 
describes as ``particularly objectionable since LPTV are left free to 
propose facilities that are predicted to cause interference to primary 
service FM radio stations, even though LPTV is a secondary service.'' 
Cal State asks that the Commission obtain ``much more detailed 
information'' on this issue and adopt rules to protect other stations 
from interference. The Bureau seeks comment on the question of whether 
analog FM-radio type services operated by digital LPTV channel 6 
stations will cause impermissible interference to other services. The 
Bureau requests the submission of any more recent technical studies 
demonstrating the feasibility of transmitting analog audio signals 
within a digital television station's spectrum.
    7. The Commission rules require FM stations proposing operations on 
FM reserved band channels 201 through 220 to protect television 
stations operating on TV channel 6. Commenters should note that the 
Commission in July 2019 adopted an Notice of Proposed Rulemaking, 34 
FCC Rcd 6537 (2019) proposing elimination of these protections entirely 
as of July 13, 2021 (the deadline for the digital LPTV transition) and 
adoption of a waiver

[[Page 70491]]

process in the interim. The Commission acknowledged those analog LPTV 
channel 6 television stations providing FM radio type services and 
specifically sought comment on whether the proposed elimination of 
channel 6 television protection by FM radio stations would be 
compatible with LPTV audio operations on 87.7 MHz if such operations 
were allowed to continue.
    8. Finally, given the passage of time since the NPRM was adopted, 
the Bureau seeks comment on the remaining issues raised in the NPRM. 
For example, as required by Section 336(b)(1) of the Act, is use of 
digital LPTV channel 6 for an analog service ``consistent with the 
technology or method designated by the Commission for the provision of 
advanced television services''? The Bureau seeks comment on how an 
ancillary or supplementary analog service is ``consistent with'' 
digital technology. If the Commission decides to permit analog FM 
radio-type operations by digital LPTV stations on an ancillary or 
supplementary basis, the Bureau seeks comment on whether such 
operations should be subject to the Part 73 rules applicable to FM 
radio stations. Should channel 6 digital LPTV stations authorized to 
provide analog FM radio-type operations be prohibited from transferring 
such authorization and should the right to continue the analog 
operation terminate with an assignment or transfer?
    9. In addition, the Bureau seeks further comment on whether the 
provision of an analog FM radio-type service on an ancillary or 
supplementary basis should be subject to a five percent fee on revenues 
generated by such service. Channel 6 Commenters maintains that ``a 
supplementary 87.7 MHz audio signal qualifies as an ancillary service, 
which entitles the government to 5% of its revenue.''

Initial Regulatory Flexibility Act Analysis

    The NPRM included an Initial Regulatory Flexibility Analysis (IRFA) 
pursuant to 5 U.S.C. 603, exploring the potential impact on small 
entities of the Commission's proposals. The Bureau invites parties to 
file comments on the IRFA in light of this request to refresh the 
record. Comments must be identified as responses to the IRFA and must 
be filed by the deadlines for comments indicated on the first page of 
this document.

List of Subjects in 47 CFR Parts 73 and 74

    Television, Low Power Television.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division.
[FR Doc. 2019-27614 Filed 12-20-19; 8:45 am]
 BILLING CODE 6712-01-P