[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Proposed Rules]
[Pages 36440-36449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12813]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[OMB Docket No. 03-185; FCC 22-40; FR ID 91304]
Amendment of the Commission's Rules To Establish Rules for
Digital Low Power Television and Television Translator Stations
AGENCY: Federal Communications Commission.
ACTION: Proposed rules.
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SUMMARY: In this Fifth Notice of Proposed Rulemaking (NPRM), FCC 22-40,
released June 7, 2022, the Commission seeks comment on the operation of
analog FM radio services by channel 6 digital low power television
stations. The Commission also seeks comment on a proposal by National
Public Radio to license additional noncommercial educational FM radio
stations on 82-88 MHz in areas where channel 6 low power television and
full-power stations are currently not operating. Finally, the
Commission seeks comment on whether to eliminate or revise the
television channel 6 distance separation rules for FM radio stations
operating on reserved band FM channels 201-220.
DATES:
Comment Date: July 18, 20220.
Reply Comment Date: August 1, 2022.
ADDRESSES: You may submit comments, identified by MB Docket No. 03-185,
FCC 22-40, by any of the following methods:
[ssquf] Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
[ssquf] Mail: Office of the Secretary, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
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, Media Bureau, at (202)
418-2324 or [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to sections 1.415 and 1.419 of the
Commission's rules, 47 CFR 1.415, 1.419, interested parties may file
comments and reply comments on or before the dates indicated on the
first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent 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.
Commercial overnight mail (other than U.S. Postal Service
Express Mail
[[Page 36441]]
and Priority Mail) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701. U.S. Postal Service first-class, Express, and
Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
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
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis: This document proposes
new or modified information collection requirements. The Commission, as
part of its continuing effort to reduce paperwork burdens and pursuant
to the Paperwork Reduction Act of 1995, Public Law 104-13, invites the
general public and the Office of Management and Budget (OMB) to comment
on these information collection requirements. In addition, pursuant to
the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
Synopsis
1. In this NPRM, the Commission seeks comment on the operation of
analog FM radio services by channel 6 digital low power television
stations (FM6 operations). The Commission has been considering this
issue since 2014, when, in the LPTV DTV Third NPRM in this proceeding,
it sought comment on whether to allow analog channel 6 low power
television (LPTV) stations to provide FM6 operations after they
converted to digital operations on July 13, 2021--the LPTV digital
transition deadline. The Commission asked if LPTV stations operating on
digital channel 6 could be allowed to continue their FM6 radio
operations on an ancillary or supplementary basis.
2. The LPTV digital transition is now complete, with analog
television operations terminated and channel 6 LPTV stations operating
in digital. However, the Commission has granted STAs to 13 channel 6
LPTV stations to continue providing analog FM6 service. In these
circumstances, the Commission seeks comment on whether allowing
continued FM6 analog radio operations by existing digital channel 6
LPTV stations serves the public interest. In addition, the Commission
seeks comment on whether to eliminate or revise the television channel
6 (TV6) distance separation rules for low power FM (LPFM),
noncommercial educational (NCE) FM, Class D (10 watt) FM, and FM
translator stations operating on reserved band FM Channels 201-220.
Public Interest Benefits of Continued FM6 Operations
3. With the LPTV digital transition complete, the Commission seeks
comment on whether it is in the public interest to allow continued FM6
operations in the digital LPTV world, and whether it should be
authorized to continue in any capacity. Throughout this proceeding, FM6
supporters have trumpeted the merits of FM6 operations by maintaining
that they provide diverse, niche, and local programming that is not
otherwise available in the stations' communities. The FM6 stations
state that ``[t]he multi-dimensional use of analog channel 6 has given
a voice to diverse constituencies and ethnic groups unable to find a
home anywhere else on the FM dial.'' Importantly, FM6 commenters state
that their LPTV television stations provide vital video content
including weather, traffic, community event calendars, news and sports
tickers and more.
4. Prior to the LPTV digital transition, the Commission estimates
that there were close to 30 FM6 stations, based on representations made
in the record in this proceeding. Today, it is believed that only 13
FM6 stations remain, in light of the impact on digital transition on
channel 6 operations. The Commission seeks comment on whether this
belief is correct and whether the reduction in the number of FM6
stations is the result of stations having to convert to digital last
year. In addition, the Commission seeks comment on the extent to which
in the post-LPTV digital transition world, consumers rely on FM6
programming. It is noted that the Commission has historically been
reluctant to regulate based upon programming decisions made by
broadcasters. With that policy in mind, the Commission reminds
commenters that FM6 station programming can be changed--FM6 stations,
like other broadcast stations, are not required to air any particular
type of programming. Thus, even to the extent that some of these
stations do provide useful programming to local and niche audiences,
that could change at any time. The Commission also notes that many FM6
stations have longstanding programming with entrenched audiences. The
Commission seeks comment on whether these programming concerns should
enter into our public interest analysis of FM6 services.
5. The Commission asks commenters to weigh the current radio
programming benefits of FM6 stations against the lost opportunities
from expanded adjacent NCE FM service or digital LPTV service on
channel 6. For example, the Channel 6 Commenters maintain that LPTV
licensees should be allowed to make ``the most efficient use of
spectrum'' by providing FM6 services on an ancillary or supplementary
basis. PCPC argues that allowing digital television stations to offer
additional services on existing channels is efficient spectrum use. On
the other hand, FM6 opponents contend that FM6 operations are not an
efficient use of spectrum--using a full 6 MHz television channel to
provide a 200 KHz aural service is not, according to these commenters,
maximizing the potential of this scarce resource. In addition,
opponents argue that because there are no programming rules for LPTV
stations, FM6 stations could, in the absence of such requirements,
provide only minimal visual programming. While the Commission notes
that providing visual programming has been a condition of the current
FM6 STAs, it recognizes that some FM6 stations have a history of such
minimal video service. These opponents also argue that FM6 is at odds
with the underlying statutory purpose of permitting ancillary or
supplementary services: to enhance the use of existing spectrum,
consistent with the Commission's basic statutory responsibility to
manage the radio-frequency spectrum in the public interest. The
Commission seeks comment on these assertions and whether continued FM6
operation is an efficient use of Commission spectrum. Does allowing
continued analog FM6 operations comport with recent Commission efforts
to adopt more efficient and innovative use of digital television
spectrum?
6. To the extent that FM6 programming is fulfilling a programming
need, the Commission seeks comment on whether it could be provided
through other means of delivery. Specifically, the Commission seeks
comment on whether FM6 programming could be delivered as a
[[Page 36442]]
digital audio-only stream on one of the LPTV station's multicast
channels, via a lease of digital subchannels on local FM or LPFM
stations, through the internet, or by entities obtaining an FM or LPFM
radio license. Would these alternatives be more spectrally efficient?
What is unique about FM6 operations that merits continued service
through its existing means of delivery?
FM6 Operations as Ancillary or Supplementary Services
7. The Commission has twice sought comment on whether FM6
operations comply with the ancillary or supplementary provisions in the
Act and the Commission's rules, whether the operation of analog FM
radio services in conjunction with a digital television service would
cause impermissible interference to other licensees, and, if permitted
to continue, how best to authorize FM6 operations. The Commission once
again seeks comment on these issues and whether and how recent
developments in the LPTV service should affect its analysis.
Compliance With the Communications Act and Commission Rules
8. If the Commission permits FM6 operations as an ancillary or
supplementary service, it seeks comment on whether to adopt a rule to
formally authorize such operations and whether such a rule should
include provisions requiring FM6 operations be subject to any or all of
the conditions that were included in the FM6 engineering STAs.
Throughout this proceeding, the Commission has asked whether a digital
LPTV station can provide an analog FM radio-type service as an
ancillary or supplementary service consistent with the Act and our
rules. The Commission specifically focused on the rule requirement that
digital LPTV stations, when operating, must transmit an over-the-air
video program signal at no direct charge to viewers. In addition, the
Commission has pointed to section 336(b)(1) of the Act that mandates
that the Commission permit ancillary or supplementary services only
``if the use of a designated frequency for such services is consistent
with the technology or method designated by the Commission for the
provision of advanced television services.'' The Commission questioned
whether a digital LPTV station offering FM6 services on an ancillary or
supplementary basis would be able to satisfy these requirements.
9. Would adopting a rule for FM6 operations that would codify
conditions like those found in the FM6 engineering STAs help satisfy
compliance with these rule and statutory provisions? As noted above,
the engineering STAs that FM6 stations are currently operating under
contain conditions including: (1) a requirement that FM6 operations be
conducted in ATSC 3.0 digital format; (2) FM6 operations may only be
conducted on 87.75 MHz; (3) no interference is permitted to any other
licensed user, including but not limited to broadcast television or
radio users; (4) the station's audio and video coverage must reach
similar populations; (5) the station must submit written reports, 90
days from the date of grant of the STA and again 180 days later
detailing any reports of interference and a demonstration that the
station's audio and video coverage reach similar populations; (6) the
station must provide at least one stream of synchronized video and
audio programming on the ATSC 3.0 portion of the spectrum on a full
time (24x7) basis; (7) the station's technical facilities may not be
modified; and (8) the station may not be assigned or transferred. The
Commission seeks comment on whether to require that FM6 stations
operate subject to a similar set of rules, with some modifications and
omissions and in the proposed rule, as a means to resolve the
outstanding issues surrounding FM6 operations as an digital LPTV
station's ancillary or supplementary service.
10. ATSC 3.0, 87.75 MHz and No Interference Requirements. The
Commission proposes that FM6 stations be operating in ATSC 3.0 digital
format; that FM6 operations may only be conducted on 87.75 MHz; and
that no interference be permitted to any other licensed user, including
but not limited to broadcast television or radio users. By adopting a
rule that authorizes service pursuant to these requirements, the
Commission seeks to prevent the types of interference that were a
concern for FM6 stations operating in ATSC 1.0. As discussed more fully
below, unlike ATSC 1.0, the ATSC 3.0 digital format appears to be more
configurable and allows for the digital TV signal to be made narrower
purportedly helping to overcome the harmful interference to FM radio
stations that FM6 opponents suggest could emanate from FM6 operations.
The Commission seeks comment on these rule provisions.
11. Separately, the Commission seeks comment on whether requiring
FM6 services to be conducted only in conjunction with an ATSC 3.0
digital operation also has the benefit of satisfying the requirement of
section 336(b)(1) of the Act that the ``use of a designated frequency
for [ancillary or supplementary] services is consistent with the
technology or method designated by the Commission for the provision of
advanced television services.'' Specifically, commenters were asked to
address whether and how analog use of a digital channel is ``consistent
with'' the digital technology mandated by the Commission for the
provision of advanced television services. FM6 opponents have
maintained throughout this proceeding that a digital LPTV station
providing FM6 services was not consistent with existing the ATSC
digital standard, which at the time they commented was ATSC 1.0. They
contended that a revision to the digital standard would have to be
adopted in order for FM6 to be permitted. FM6 stations disagreed,
saying digital LPTV stations providing an analog FM radio service would
be in compliance with the Commission's digital broadcast television
transmission standard as set forth in section 74.795(b) of the rules
that provides that digital transmitters be designed to produce digital
television signals that can be ``satisfactorily viewed'' on consumer
receiving equipment based on the digital broadcast television
transmission standard in section 73.682(d) the rules. FM6 stations
argued that they would provide a ATSC 3.0 digital television signal
that would meet the requirements of section 74.795(b) in addition to
the separate analog FM radio signal.
12. Has the fact that FM6 services are now being offered via ATSC
3.0 digital stations changed these arguments? The Commission notes that
the ATSC 3.0 standard also does not have a provision specific to FM6.
And, as NPR notes, in the Commission's ATSC 3.0 R&O released in
December 2020, the Commission amended the definition of the minimum
standard definition digital television signal for full-power stations,
removed all references to the analog standard, and confirmed that it
``continue[d] to `expect that the fundamental use of the 6 MHz DTV
license will be for the provision of free over-the-air television
service.' '' Given the fact that analog television is now truly a
legacy service, does operation of an analog FM radio service on an ATSC
3.0 digital channel meet the requirements of section 336(b)(1) of the
Act? Furthermore, should the fact that the number of U.S. households
that possess an ATSC 3.0 capable television receiver remains limited
affect our determination?
13. Similar Coverage and One Free Synchronized Stream Requirements.
The Commission proposes that FM6 stations comply with the following
operational requirements: the FM6 coverage area must be contained
within
[[Page 36443]]
and may not exceed the coverage area of the LPTV station's synchronized
video/audio programming stream; and the LPTV station must provide at
least one stream of synchronized video and audio programming on the
ATSC 3.0 portion of the spectrum, at any time the station is operating.
By requiring that the station's FM6 coverage not exceed its video
coverage, and that stations provide at least one stream of synchronized
video and audio programming on the digital portion of the spectrum at
any time the station is operating, the Commission seeks to ensure that
the spectrum is being used efficiently and in the public interest.
14. Conditions similar to these provisions were included in the FM6
engineering STAs. The requirement that the LPTV station's FM6 and video
coverage reach similar populations was imposed to address the concerns
of FM6 opponents that FM6 stations would configure their LPTV station's
technical facilities in such a manner that would favor their FM6
operation over their digital TV operation. The Commission proposes a
similar provision here that would limit the FM6 coverage area to not
greater than the LPTV station's coverage area for similar reasons and
it believes this limit will help to allay these concerns and ensure
that digital LPTV stations providing FM6 operations continue to focus
their attention on the operation of their digital LPTV station--the
primary purpose of their station license. The Commission seeks comment
on this proposal.
15. As for its proposed rule provision requiring that FM6 stations
provide at least one stream of synchronized video and audio programming
on the ATSC 3.0 portion of the spectrum, at any time the station is
operating, a similar condition was included in the FM6 engineering
STAs. The Commission proposes to adopt a slightly different version in
our FM6 rules. The STA condition required that the one stream of
synchronized video and audio programming be provided on ``a full time
(24x7) basis.'' Because the Commission's rules provide that LPTV
stations are ``not required to adhere to any regular schedule of
operation,'' the Commission finds it more appropriate to propose a
revised version of this condition that requires that FM6 stations
provide at least one stream of synchronized video and audio programming
on the ATSC 3.0 portion of the spectrum ``at any time the station is
operating.'' The reason the synchronized video and audio programming
condition was originally imposed on the FM6 engineering STAs was to
ensure that digital LPTV stations providing FM6 operations continued to
provide adequate television service to viewers. Prior to the LPTV
digital television transition in July 2021, when FM6 operations were
being conducted as part of the LPTV station's analog channel 6
operation, most FM6 stations were not offering any type of meaningful
television service. Because the audio signal for their analog TV
station was dedicated to providing the FM6 service, these stations
would often times offer minimal television service on their stations
such as community bulletin boards. FM6 stations appeared to be focusing
their resources on their radio FM6 operation over their television
operation. The Commission seeks comment on whether requiring the FM6
stations be subject to the separate synchronized video and audio
programming requirement will address the concerns of FM6 opponents and
ensure that FM6 stations continue to provide adequate television
service to viewers.
16. Limits on Technical Modifications. The Commission proposes to
adopt a rule, similar to the condition contained in FM6 engineering
STAs, that would limit LPTV stations providing FM6 operations from
modifying their facilities during the time that FM6 operations are
being conducted. This condition was placed on FM6 engineering STAs in
an effort to ``lock'' the FM6 station facilities in place while they
were being operated pursuant to STA to prevent the station from making
changes to their facilities that could impact the potential for
interference from FM6 operations to other users. The Commission seeks
comment on whether codification of such a modification limit could be a
useful way to prevent FM6 stations from causing interference. By
locking FM6 stations into their existing facilities, that have already
been shown to not cause interference, the Commission would seek to
preserve the status quo and prevent technical changes that could upset
the current interference-free environment. The Commission proposes to
define ``existing facilities'' as the FM6 station's licensed technical
facilities on the release date of this NPRM. While the Commission is
required to consider requests for waivers of its rules, it also seeks
comment on whether to provide for an exception to this rule that would
allow for technical modifications if certain criteria are met. The
Commission seeks comment on such criteria, such as a showing of no
potential interference to affected licensees and/or a demonstration
that all affected licensees have consented to the modification. The
Commission seeks comment on these issues.
17. Transfers. In the STAs, the Commission limited FM6 stations
from being transferred while FM6 operations are being conducted. The
Commission seeks comment as to whether inclusion of such a limit in its
FM6 rules would serve the public interest. The Media Bureau imposed
this condition in an effort to prevent parties from seeking to operate
an FM6 station without any intention of continuing FM6 operations and
for the sole purpose of immediately selling the station to another
party. Given the fact that the Commission is proposing to limit FM6 to
only those stations that are providing FM6 operations on the release
date of this NPRM, and thereby preventing parties from ``speculating''
in FM6 stations, it seeks comment as to whether inclusion of a
limitation on transfer of FM6 stations in its rules would serve the
public interest.
18. Periodic Reporting. As a condition to their FM6 STAs, FM6
stations were required to submit reports, 90 and 180 days after the
grant of their STAs, detailing any reports of interference and a
demonstration that the station's FM6 and video coverage reach similar
populations. The Media Bureau included this reporting requirement in
the FM6 engineering STAs so that it could monitor the ongoing STA
operations of FM6 stations for reports of interference and to see if
FM6 stations were complying with the condition that their digital
television and analog FM radio operations were serving similar
populations. The Commission is now proposing to adopt rule provisions
that would mandate that FM6 operations be conducted without
interference to other users and that an FM6 station's FM6 and video
coverage reach similar populations. Accordingly, the Commission
tentatively concludes that such a reporting requirement is not
necessary given the force and effect of our proposed FM6 rule. It seeks
comment on this tentative conclusion.
Potential for Interference
19. Throughout this proceeding, concern about the potential for
analog FM6 operations to interfere with or disrupt the LPTV station's
digital TV service has been paramount. Section 336(b)(2) of the Act
provides that the Commission shall ``limit the broadcasting of
ancillary or supplementary services on designated frequencies so as to
avoid derogation of any advanced television services, including high
definition television broadcasts, that the Commission may
[[Page 36444]]
require using such frequencies.'' The Commission has also sought
comment on whether the analog FM6 radio transmitter could cause
interference to FM radio licensees. FM6 opponents previously expressed
concern about the potential for interference, citing studies conducted
in 2014 by Linley Gumm and Charles Rhodes to support their claims. FM6
stations responded that there had not been a single report of
interference from the numerous FM6 stations operating their LPTV
stations in analog mode. FM6 opponents counter that lack of current
interference is not probative given the existence of Commission rules
preventing interference.
20. The Commission recognizes that previous questions and analysis
about the potential for FM6 interference were based on the assumption
that the digital LPTV station would be operating in ATSC 1.0. However,
all existing FM6 stations are instead operating in ATSC 3.0 digital
mode and there have been no reports of interference from these
stations. The results of a more recent 2019 ``Perry Priestly'' study
submitted by PCPC seem to show that, unlike ATSC 1.0, the ATSC 3.0
digital format is more configurable and allows for the TV signal to be
made narrower to reduce that interference and/or have its settings
modified to have increased error correction, helping it overcome such
interference. Thus, PCPC concludes ``stations that transition directly
to the ATSC 3.0 standard can provide both the most robust video signals
available today and a strong analog audio signal.''
21. In light of this more recent study, the Commission seeks
comment on whether the fact that FM6 stations are operating in ATSC 3.0
digital mode changes the potential for their analog FM6 operations to
interfere with or disrupt the LPTV station's ATSC 3.0 digital TV
service. The Commission seeks to determine if an ATSC 3.0 digital LPTV
station will be able to operate an analog FM radio transmitter without
interfering or derogating its co-channel digital operation. The
Commission observes that the Perry Priestly study indicates that an
ATSC 3.0 station would typically reduce the width of its digital TV
signal and/or increase the level of error correction to make this
operation possible, both of which would seem to reduce the amount of
available throughput of the ATSC 3.0 signal. The Commission seeks
comment on whether these changes in configuration constitute a
``derogation'' of its digital operation. Should the Commission decide
to allow FM6 operations, should it be limited to those stations
operating in ATSC 3.0? As before, the Commission encourages commenters
to study the question of FM6 interference and to provide the results of
these studies in their comments.
Application of Part 73 FM Radio Rules
22. If the Commission decides to permit digital channel 6 LPTV
stations to provide analog FM6 services on an ancillary or
supplementary basis, it must still resolve the outstanding question of
whether such operations should be subject to the Part 73 rules
applicable to FM radio stations. Section 336(b)(3) of the
Communications Act mandates that the Commission ``apply to any other
ancillary or supplementary service such of the Commission's regulations
as are applicable to the offering of analogous services by any other
person . . . .'' Commenters previously maintained that the Commission,
as part of its decision in this proceeding, would need to amend its
Part 73 and 74 rules to accommodate the FM6 service.
23. The Commission once again seeks comment on whether FM6
operations are ``analogous to other services subject to regulation by
the Commission'' within the meaning of section 336(b)(3) of the Act and
the Commission's implementing rules and, if so, which of the Part 73
rules should apply to FM6 operations. The Commission previously asked
whether it should apply to FM6 operations the Part 73 rules requiring
that an FM radio station file an application for a construction permit
and license to operate, that stations be located on channels 88.1 MHz
through 107.9 MHz, that primary FM channels be allotted through
rulemaking, that such stations maintain a public inspection file, and
that the use of such frequencies in border areas be coordinated with
Canada and Mexico. The Commission seeks comment on whether these
questions are still relevant, whether other Part 73 rules, including
technical rules, should apply, and whether its analysis should be
affected by the fact that it may limit channel 6 LPTV stations
providing FM6 services to operating only in ATSC 3.0 digital mode and
from modifying their technical facilities while providing FM6
operations.
Application of Five Percent Ancillary or Supplementary Fee
24. To the extent it permits digital channel 6 LPTV stations to
provide FM6 services on an ancillary or supplementary basis, the
Commission must resolve the question of whether FM6 services should be
subject to a five percent fee. The ancillary or supplementary rule
provides that digital television stations ``must annually remit a fee
of five percent of the gross revenues derived from all ancillary and
supplementary services . . . which are feeable . . . .'' ``Feeable''
services are defined as ``[a]ll ancillary or supplementary services for
which payment of a subscription fee or charge is required in order to
receive the service.'' ``Feeable'' services are also defined as ``[a]ny
ancillary or supplementary service for which no payment is required
from consumers in order to receive the service . . . if the DTV
licensee directly or indirectly receives compensation from a third
party in return for the transmission of material provided by that third
party (other than commercial advertisements used to support
broadcasting for which a subscription fee is not required).'' As
previously observed, FM6 operations, thus far, appear to have been
available to the general public without subscription. Comments were
previously split on this question. Because FM6 services are provided
free of charge, some commenters believed that no fee should apply.
Other commenters argued that, because the FM6 operation is not
available on a DTV receiver, and can be only be received on a separate
FM radio receiver, we should view FM6 operations as ``point-to-point or
point-to-multi point'' operation that section 73.624(c) of the rules
describes as an ``ancillary or supplementary'' service. Channel 6
Commenters agreed that ``a supplementary 87.7 MHz audio signal
qualifies as an ancillary service, which entitles the government to 5%
of its revenue.''
25. The Commission seeks comment on whether, and under what
circumstances, an LPTV station's ancillary or supplementary FM6 service
provided without a subscription fee should be deemed ``feeable'' and
subject to the five percent fee. To the extent an LPTV station leases
its spectrum to a third party to provide the programming transmitted
using FM6 and receives compensation from that third party, such FM6
operation would be feeable under section 336(e)(1)(B) of the Act
because the station ``receives compensation from a third party in
return for transmitting material furnished by such third party.'' In a
scenario, however, where the FM6 station does not lease its spectrum
and instead itself provides a free, over-the-air radio service without
a subscription fee, is there any basis to deem such a service
``feeable'' and thus subject to the five percent fee? The Commission
seeks comment on this issue.
[[Page 36445]]
Limiting FM6 to Existing Operators
26. If the Commission decides to allow FM6 operations to continue
in the future, it proposes to limit the scope of FM6 operations to only
those LPTV channel 6 stations with ``active'' FM6 engineering STAs on
the release date of this NPRM. The Commission proposes to define
``active'' as an initial engineering STA that is granted and unexpired
or a request for extension of an engineering STA that is granted or
pending at the time of the release date of this NPRM. The Commission
seeks comment on this proposal. The Commission assumes that stations
holding an active FM6 STA or with a pending FM6 STA extension request
are actually providing FM6 service to the public. It seeks comment on
this assumption and whether there are other measures it should take to
ensure its rules cover only those stations actually providing FM6
service to the public on the release date of this NPRM.
27. The record is filled with examples of local, niche programming
being provided by FM6 stations and we seek to minimize disruption to
listeners that have come to rely on these services. Limiting the number
of FM6 stations to those currently in operation (and that have
demonstrated that they do not cause interference to other users) and
limiting the technical modifications permitted by these stations could
also help to serve our goal of preventing harmful interference to other
services. Would such a limitation allay the concerns of some commenters
that have opposed FM6 operations?
28. Would this limitation also ensure continued service to
consumers who have relied upon this service? With regard to any parity
concerns of limiting FM6 authorization to existing FM6 stations, the
Commission notes that all channel 6 LPTV stations had the opportunity
to provide an FM analog service and chose not to do so. Moreover, the
Commission's examination of whether to permit the continuation of such
services has extended over decade, so it believes that all channel 6
LPTV stations have been placed on adequate notice of a potential change
in Commission rules. Further, if a channel 6 LPTV station has not
requested that the Commission permit it to continue to provide FM6
operations by now (since terminating analog operations in July 2021),
it seems unlikely that there is consumer reliance on the programming.
The Commission seeks comment on this proposal, other cut-off dates, or
alternate ways to limit eligibility to ensure continued service to the
established listeners of FM6 operations.
29. The Commission seeks comment on whether it should also permit
FM6 operations by LPTV stations that, as of the release date of this
NPRM, have pending applications for construction permits and that have
a significant history of providing FM6 to the public to also be
grandfathered. We recognize that there may be a limited number of
stations that stopped providing FM6 service in July 2021, at the time
of the LPTV digital transition, but intend to resume such service once
new facilities are approved and constructed. Would permitting such
stations to resume providing FM6 services, subject to the conditions
discussed above, be consistent with the rationale discussed above to
ensure continued service to consumers who have relied upon this
service? Are the conditions discussed above adequate to address any
technical concerns? Because such stations are not yet operational, does
the Commission need to consider additional technical conditions to
address unforeseen potential interference? The Commission seeks comment
on the implications of expanding the scope of continued FM6 service in
this manner.
Licensing Additional NCE FM Stations
30. The Commission also takes this opportunity to seek comment on
National Public Radio's (NPR) proposal to repurpose television channel
6 (TV channel 6) spectrum (82-88 MHz) for FM services in locations
where the channels are not being used to provide ``actual television
programming.'' As previously described, NPR believes that the continued
use of a digital TV channel 6 to provide an analog FM radio service
(aka FM6) is contrary to the statute and poor public policy. Instead,
NPR contends, ``TV channel 6 spectrum is a valuable resource the
Commission should use to expand opportunities for existing and
prospective radio broadcasters whose demand for spectrum cannot be
satisfied in the crowded FM radio band.'' Specifically, NPR maintains
that the spectrum occupied by a single TV channel 6 station could
potentially accommodate up to 30 new FM stations, exponentially
increasing the variety of programming available for a diverse audience.
Repurposing this spectrum to allow new FM radio stations to be
authorized, NPR maintains, would increase the diversity of voices and
programming available to the public and be a ``far better use of a
scarce resource'' than the analog audio operations (FM6) that exist in
some locations today. NPR also argues that it would increase the
opportunities for diverse providers to provide local public interest
programming for unserved and underserved audiences, especially in the
rural parts of the country. The Commission seeks comment on these
issues.
31. If it decides to allow new FM stations to operate on 82-88 MHz,
the Commission seeks comment on whether such stations should be limited
to noncommercial educational (NCE) FM stations or whether commercial FM
stations should be allowed to operate on these new frequencies as well,
consistent with TV6 stations currently occupying this spectrum. The
Commission notes that the adjacent FM channels 201-220 (87.9 MHz to
91.9 MHz) are reserved for NCE FM station use. The Commission seeks to
determine whether to adopt a similar restriction were it to allow
additional FM stations to operate on 82-88 MHz.
32. The Commission invites commenters to study the current use of
TV channel 6 by television broadcasters and the extent to which TV
channel 6 could accommodate additional FM radio stations without
causing interference to existing TV channel 6 licensees. The Commission
also seeks comment on the technical feasibility of NPR's proposal.
First, it notes that, although there are in theory 30 available 200 kHz
FM radio channels in the band that comprises TV channel 6, in practice,
it would not be possible to use all 30 channels in one place given
interference considerations. Practically speaking, the number of
channels for use by new FM radio stations in any one area would be
significantly less. The Commission seeks comment on whether this
technical reality should affect its consideration of NPR's proposal.
Furthermore, the Commission seeks comment on whether NPR's argument,
that FM6 is not an efficient use of spectrum, would be allayed by its
proposal to limit FM6 operations to only the limited number of TV
channel 6 LPTV stations that are currently providing such services and
to further require that such stations provide a separate video offering
at all times they are providing FM6 operations.
33. In addition, the Commission seeks comment on whether radio
listeners will be able to receive new FM radio stations on the
frequencies that NPR suggests should be allowed for new FM radio
station operations--82-88 MHz. The Commission notes that FM radio
receivers currently only receive the top-most portion of the 82-88 MHz
band (87.7 or 87.9 MHz) of the 6 MHz channel that comprises TV channel
6. Today's FM radio receivers cannot tune down to the rest of the
spectrum--82.1-
[[Page 36446]]
87.5 MHz. The Commission invites comment on how this technical
roadblock should influence our consideration of this issue. The
Commission also seeks comment on whether changes would need to be made
to the Domestic Table of Frequency Allocations (Table) to reflect this
change. The Commission notes that the 76-88 MHz band is generally
allocated as ``Broadcasting'' but seek comment on whether the Table
contemplates radio uses at 82-88 MHz. In addition, should it adopt
NPR's proposal, the Commission seeks comment on whether there are other
technical issues to consider such as the establishment of separation
distances for co-channel operations.
34. Finally, the Commission seeks comment on the benefits of
expanding FM radio service to all of TV channel 6 to create new FM
radio stations versus the costs of precluding existing TV stations from
using the currently unused locations where TV channel 6 is viable and
foreclosing new TV stations on channel 6. The Commission also seeks
comment on how allowing additional FM radio stations on the 82-88 MHz
band would affect other entities that use these frequencies including
wireless microphones and white space device users. Finally, the
Commission notes that one of its concerns about authorizing the
continued provision of FM6 services is the interference potential they
may pose. The Commission addresses this concern through its proposal of
limiting any technical modifications by these FM6 stations. The
Commission seeks comment on the potential for interference if it
permitted new FM radio services as contemplated by NPR. Would such
services pose the threat of interference with existing services in this
band? If so, how should these concerns be mitigated to extent the
Commission pursues such an expansion?
Elimination of TV6 Interference Protection
35. The Commission seeks comment on an issue that the Commission
previously raised and that is related to its consideration of whether
to permit continued FM6 operations. That is the question of whether to
completely eliminate the television channel 6 (TV6) distance separation
(interference protection) rules for Low Power FM radio (LPFM), NCE FM
radio, Class D FM radio (10 watt), and FM translator stations operating
on reserved band FM channels 201-220, or to alternatively revise and
update them for a post-digital transition world. The Commission last
considered this issue in the context of its efforts to improve the LPFM
technical rules based on suggestions made by REC Networks in a 2018
petition for rulemaking. The Commission seeks comment on this issue now
that the LPTV digital transition is complete and all TV6 stations are
no longer operating in analog, and in light of our proposals related to
FM6 in this proceeding.
36. To provide LPFM stations relief from TV6 protection rules, the
Commission, in its LPFM NPRM, proposed to eliminate TV6 protections
entirely on July 13, 2021--the date of the LPTV digital transition. The
Commission noted that it had been requiring FM stations on channels 201
to 220 to protect television stations operating on TV6 since 1985. The
Commission cited to REC Networks arguments that the LPFM TV6 protection
rules ``significantly overprotect TV6 stations and could be reduced
with little impact.'' REC Networks pointed out that this was because
the rules were designed when television was operating with analog
technology. The Commission also noted studies performed by NPR in
conjunction with the 2009 digital television transition that showed
that newer digital television technologies have better filters and
synchronous detection to reject unwanted FM signals. The Commission
tentatively accepted NPR's conclusion that digital television receivers
are substantially less vulnerable to FM-induced TV6 interference than
analog sets. The Commission sought comment on whether this conclusion
was still valid ``after so many additional years of experience with
digital broadcasts.'' The Commission sought comment on its expectation
that the proposed elimination of LPFM/TV6 spacing requirements will not
result in any interference to TV6 stations and it tentatively
concluded, upon July 13, 2021, to eliminate the distance separate
requirement between LPFM stations and all television stations operating
on TV6.
37. A limited number of commenters weighed in on the Commission's
proposal and were evenly split for and against elimination of the TV6
protections. For instance, in response to support from petitioners,
Disney posited that that the record did ``not provide actual evidence
demonstrating that the full-power Channel 6 Protections are
unnecessary,'' and that the TV6 protection rules ``have functioned
quite well to protect full-power television stations from interference,
and have done so without imposing significant burdens on FM reserved
band stations.'' The Commission in its 2020 Report and Order deferred
consideration of this issue to a future proceeding finding that it
``will be in a better position to reach an informed decision by
addressing TV6 issues in a separate proceeding with a more developed
record on this issue.''
38. Since that decision, events have occurred that could affect our
previous analysis as to the continued need for TV6 protection rules.
The post-Incentive Auction transition was completed in July 2020 and
repacked stations have settled into their new post-auction channel
assignments. And, given the digital transition, analog television is
now truly a legacy service. With the completion of the Incentive
Auction and the LPTV digital transition, the Commission now has
experience with respect to TV6 and whether interference has been
occurring with respect to digital TV6 stations and FM radio stations.
39. Therefore, the Commission seeks comment on the continued need
for TV6 interference protection rules. Specifically, the Commission
seeks comment on whether the interference protection provisions,
adopted while television stations were operating in analog mode,
continue to be necessary in light of the fact that all TV6 stations
have now converted to digital. The Commission invites commenters to
analyze the number of current TV6 stations, their current locations and
the potential for TV6-FM radio cross-service interference. The
Commission notes that it has not received reports of interference to
either TV or radio services from stations in their counterpart
services. Does the lack of reports indicate the protections are no
longer necessary, or that they are fulfilling their purpose?
Alternatively, the Commission seeks comment on whether to preserve the
existing protections but revise and update them for digital TV6
operations, and if so, how to update them. In that circumstance, the
Commission seeks comment on whether those protections should apply to
currently authorized channel 6 stations or to future channel 6 stations
or to both.
40. The Commission notes that retention or revision of the TV6
interference protection rules could potentially be impacted by its
decision whether to permit continued FM6 operations. Given this, the
Commission seeks comment on whether the elimination of TV6 protection
by LPFM and other FM radio stations would be compatible with FM6
operations if it determines to permit such operations to continue. That
is, if FM6 and LPFM and NCE FM stations are allowed to come
[[Page 36447]]
into closer proximity if the TV6 protection rules are eliminated, would
that increase concerns about interference from FM6 to LPFM/NCE FM
stations--an important factor in our FM6 considerations? The Commission
notes that one of the conditions it is seeking to impose on continued
FM6 operations is that the LPTV station not be permitted to modify its
facilities while providing FM6 operations, thus locking into place the
technical facilities by which the LPTV station provides its FM6
operations. If it limits station modifications in this manner, would
this impact the Commission's analysis of whether elimination of TV6
protection by LPFM and other FM radio stations would be compatible with
FM6 operations?
41. The Commission's goal in this proceeding, as with any
proceeding involving interference protection, is to ensure that
licensees can operate in an environment in which the potential for
interference is minimized. The Commission stresses that interference
protections are essential to spectrum usage rights to prevent licensees
from unduly affecting other licensees in terms of system operation or
cost. Nonetheless, the Commission attempts to establish rules that are
no more restrictive than necessary to achieve our goals in order to
provide maximum flexibility to our licensees. Therefore, commenters
suggesting that the existing interference provisions be retained,
revised or updated should demonstrate that their proposed restrictions
are necessary to achieve these goals.
Cost-Benefit and Diversity, Equity and Inclusion Analysis
42. Finally, the Commission seeks comment on the benefits and costs
associated with adopting the proposals set forth in this NPRM. In
addition to any benefits to the public at large, are there also
benefits to industry through adoption of any of its proposals? The
Commission also seeks comment on any potential costs that would be
imposed on licensees and regulatees if it adopts the proposals
contained in this NPRM. Comments should be accompanied by specific data
and analysis supporting claimed costs and benefits.
43. As part of its continuing effort to advance digital equity for
all, including people of color, persons with disabilities, persons who
live in rural or Tribal areas, and others who are or have been
historically underserved, marginalized, or adversely affected by
persistent poverty or inequality, the Commission invites comment on how
the proposals set forth in the NPRM can advance equity in the provision
of broadcast services for all people of the United States, without
discrimination on the basis of race, color, religion, national origin,
sex, or disability. Specifically, the Commission seeks comment on how
its proposals may promote or inhibit advances in diversity, equity,
inclusion, and accessibility, as well the scope of the Commission's
relevant legal authority.
Initial Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), The Third Notice of Proposed Rulemaking in this proceeding
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. Because this Fifth Notice of Proposed
Rulemaking (NPRM) contains new proposals, the Commission requests
written public comments on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
specified in the NPRM. The Commission will send a copy of the NPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). In addition, the NPRM and IRFA (or
summaries thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
The NPRM seeks comment on whether to permit digital low power
television (LPTV) stations on channel 6 to continue to operate analog
FM radio-type services and, if so, how to authorize these services.
Prior to the July 13, 2021 LPTV digital transition deadline, a number
of analog LPTV stations licensed on channel 6 operated with very
limited visual programming and an audio signal that is programmed like
a radio station (FM6). FM radio listeners were able to receive the
audio portion of these LPTV stations at 87.75 MHz, which is adjacent to
noncommercial educational (NCE) FM channel 201 (88.1 MHz). When these
LPTV stations converted to digital, however, they would be unable to
continue providing such radio service because the digital audio portion
of their signal could no longer be received by standard FM receivers.
Currently, some digital channel 6 LPTV stations have converted to ATSC
3.0 digital format and are operating pursuant to engineering special
temporary authority (STA) with a separate analog FM radio transmitter.
In an effort to bring a final resolution to the FM6 question, the
Commission seeks comment on whether FM6 operations are serve the public
interest and should be authorized to continue in any capacity. The NPRM
also seeks comment on whether FM6 should be authorized as ``ancillary
or supplementary'' services as suggested previously in this proceeding.
The NPRM seeks comment on whether the Commission can and should limit
future FM6 operations to only those LPTV channel 6 stations with active
FM6 engineering STAs on the release date of the NPRM.
The NPRM alternatively seeks comment on whether to license
additional FM radio stations on 82-88 MHz in areas where channel 6 LPTV
and full-power stations are currently not operating.
Finally, regardless of whether it decides to permit continued FM6
operations or license additional FM radio stations on 82-88 MHz, the
NPRM seeks comment on whether to eliminate or revise the TV6 distance
separation rules for LPFM, NCE, Class D (10 watt), and FM translator
stations operating on reserved band FM Channels 201-220.
Legal Basis
The proposed action is authorized under Sections 151, 154(i),
154(j), 303, 307, 316, 336, and 403 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), 154(j), 303, 307, 316, 336, and 403.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rule revisions, if adopted. The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act (SBA). 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. Below, we provide a description of such small entities, as well as
an estimate of the number of such small entities, where feasible.
Television Broadcasting. This industry is comprised of
``establishments primarily engaged in broadcasting images together with
[[Page 36448]]
sound.'' These establishments operate television broadcast studios and
facilities for the programming and transmission of programs to the
public. These establishments also produce or transmit visual
programming to affiliated broadcast television stations, which in turn
broadcast the programs to the public on a predetermined schedule.
Programming may originate in their own studio, from an affiliated
network, or from external sources. The SBA small business size standard
for this industry classifies businesses having $41.5 million or less in
annual receipts as small. 2017 U.S. Census Bureau data indicate that
744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data we estimate that the majority of television broadcasters are small
entities under the SBA small business size standard.
The Commission estimates that as of March 2022, there were 1,373
licensed commercial television stations. Of this total, 1,280 stations
(or 93.2%) had revenues of $41.5 million or less in 2021, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on June 1, 2022, and therefore these
licensees qualify as small entities under the SBA definition. In
addition, the Commission estimates as of March 2022, there were 384
licensed noncommercial educational (NCE) television stations, 383 Class
A TV stations, 1,840 LPTV stations and 3,231 TV translator stations.
The Commission however does not compile, and otherwise does not have
access to financial information for these television broadcast stations
that would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, we
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
Radio Stations. This industry is comprised of ``establishments
primarily engaged in broadcasting aural programs by radio to the
public.'' Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA small business
size standard for this industry classifies firms having $41.5 million
or less in annual receipts as small. U.S. Census Bureau data for 2017
show that 2,963 firms operated in this industry during that year. Of
this number, 1,879 firms operated with revenue of less than $25 million
per year. Based on this data and the SBA's small business size
standard, we estimate a majority of such entities are small entities.
The Commission estimates that as of September 2021, there were
4,519 licensed commercial AM radio stations, 6,682 licensed commercial
FM radio stations and 4,211 licensed noncommercial (NCE) FM radio
stations. The Commission however does not compile, and otherwise does
not have access to financial information for these radio stations that
would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, we presume that all
of these entities qualify as small entities under the above SBA small
business size standard.
The Commission notes, however, that in assessing whether a business
concern qualifies as ``small'' under the above definition, business
(control) affiliations must be included. Its 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. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. The Commission is
unable at this time to define or quantify the criteria that would
establish whether a specific radio or television broadcast station is
dominant in its field of operation. Accordingly, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and is therefore possibly over-inclusive. An additional element
of the definition of ``small business'' is that the entity must be
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
As a condition to be allowed to continue their FM6 operations on an
ancillary or supplementary basis, the Commission seeks comment on
whether FM6 stations should be required to submit written reports,
every 90 days, detailing any reports of interference and a
demonstration that the station's FM6 and video coverage reach similar
populations. The NPRM tentatively concludes that such a reporting
requirement is not necessary. Should the Commission ultimately decide
to adopt this requirement, this proposed reporting requirement would
result in a new paperwork obligation. If adopted, the Commission will
seek approval and the corresponding burdens to account for this
reporting requirement.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
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.
The NPRM seeks to determine if continued provision of FM6 services
by digital LPTV channel 6 stations serve the public interest and should
FM6 be authorized to continue in any capacity. All of the licensees of
FM6 stations are licensees of LPTV stations and most if not all are
considered small entities by SBA definitions. Therefore, by allowing
FM6 operations to continue, the Commission is seeking to help small
entities and to preserve their current programming offerings. The
alternative would be to force these entities to discontinue FM6
operations that have proved to be a source of additional income for
these small entities that have struggled to operate LPTV stations and
that have operated with a disadvantage to their full power television
brethren. Unlike full power television stations, LPTV stations operate
without mandatory cable carriage rights and with secondary interference
rights that can result in their operating channel being displaced and
their having to find a new frequency.
The NPRM seeks comment on whether to permit FM6 operations as
``ancillary or supplementary'' services. This approach is an attempt to
authorize existing FM6 operations in the easiest and least costly
manner to reduce the administrative and financial burden on FM6
stations, all of which are LPTV and most if not all are small entities.
Using
[[Page 36449]]
existing rules and procedures will enable FM6 stations to easily become
authorized through familiar and low cost measures.
The Commission must balance the positive financial benefits for
small entities of allowing all channel 6 LPTV stations to provide FM6
operations against the possible negative effects of impermissible
interference that could result between FM6 operations and other FM
radio operators. Although it recognizes the positive benefits for small
entities that may accrue from FM6 operations, the Commission proposes
that it must limit FM6 operations to only those stations providing such
services on the release date of the NPRM in order to limit the universe
of FM6 stations that could potentially interfere with other users. The
Commission notes that all channel 6 LPTV stations had the opportunity
to provide an FM analog service and their failure to do so by now
demonstrates that it was not in their interest to do so.
Similarly, the Commission must balance whether to allow channel 6
LPTV stations to continue providing FM6 operations versus entities
interested in providing new FM radio service to operate on TV channel 6
in areas where television service is currently not being offered. There
are small entities in both the LPTV and FM radio services especially
NCE FM stations whose operation is limited to only noncommercial
educational entities most if not all of which are small entities. The
Commission will have to consider the benefits and costs of allowing
additional FM radio operations and whether it will negatively affect
future TV operations on low VHF channels such as channel 6 that have
technical limitations and that are not favored by television operators.
The Commission also proposes to eliminate or modify a current
protection for television stations operating on Channel 6 which are
also small entities, a proposal which seeks to assist low power FM
(LPFM), noncommercial educational (NCE), and FM translator stations.
The Commission believes that any potential negative impact on such
television stations is minimal because full power TV6 stations
transitioned to digital operations in 2009; LPTV stations in 2021; and
there has been a lack of interference complaints from these stations
since their transitions. Further, digital television receivers are more
selective than the analog the equipment that existed when the
Commission adopted the TV6 protection requirement. The Commission is
open to consideration of alternatives to the proposals under
consideration including but not limited to alternatives that will
minimize the burden on FM broadcasters, many of whom are small
businesses, as well as TV6 broadcasters that are small entities. There
may be unique circumstances these entities may face, and the Commission
will consider appropriate action for small broadcasters when preparing
a Report and Order in this matter.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
None.
Report to Congress
The Commission will send a copy of the NPRM including the IRFA, in
a report to be sent to Congress pursuant to the Congressional Review
Act. In addition, the Commission will send a copy of the NPRM including
the IRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
NPRM and IRFA (or summaries thereof) will also be published in the
Federal Register.
List of Subjects in 47 CFR Part 74
Low Power TV and TV translator stations.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 74 to read as
follows:
PART 74--Experimental Radio, Auxiliary, Special Broadcast and Other
Program Distributional Services
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and
554.
0
2. Section 74.790 is revised by adding paragraph (l) as follows:
Sec. 74.790 Permissible service of digital TV translator and LPTV
stations.
* * * * *
(l) Provision of analog FM radio operations by digital LPTV channel
6 stations (FM6). LPTV stations operating on television channel 6 may
provide analog FM radio operations (FM6 operations) on an ancillary or
supplementary basis subject to the following:
(1) The LPTV station must have been providing FM6 operations
pursuant to an active engineering special temporary authority on the
release date of the Fifth Notice of Proposed Rulemaking in MB Docket
No. 03-185;
(2) The LPTV station must be operating in ATSC 3.0 digital format;
(3) FM6 operations may only be conducted on 87.75 MHz;
(4) no interference is permitted to any other licensed user,
including but not limited to broadcast television or radio users;
(5) the LPTV station's FM6 coverage area must be contained within
and may not exceed the coverage area of the LPTV station's synchronized
video/audio programming stream;
(6) the LPTV station must provide at least one stream of
synchronized video and audio programming on the ATSC 3.0 portion of the
spectrum, at any time the station is operating; and
(7) while FM6 operations are being conducted, the LPTV station's
technical facilities may not be modified from those that existed on the
release date of the Fifth Notice of Proposed Rulemaking in MB Docket
No. 03-185.
[FR Doc. 2022-12813 Filed 6-16-22; 8:45 am]
BILLING CODE 6712-01-P