[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58207-58215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20293]



  Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / 
Proposed Rules  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket Nos. 03-185, 22-261; FCC 22-58; FR ID 104610]


Establishing Rules for Digital Low Power Television and 
Television Translator Stations

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) seeks comment on adjustments to certain to reflect 
the current operating environment, including the termination of analog 
operations in the low power television (LPTV)/translator service as of 
July 13, 2021. This notice of proposed rulemaking (NPRM) seeks comment 
on certain amendments, including proposing to adopt rules previously 
applicable to analog operations for digital operations, updating 
geographic coordinates to the current North American Datum (NAD) 
standard, modifying station identification requirements, requiring LPTV 
stations to transmit with a virtual channel that avoids conflicts with 
other stations, updating the process for filing applications with the 
Commission, and making certain technical modifications.

DATES: 
    Comment date: October 24, 2022.
    Reply comment date: November 7, 2022.

ADDRESSES: You may submit comments, identified by MB Docket Nos. 03-
185, 22-261, FCC 22-58, 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: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Sec. Sec.  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 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

Rules Applicable to LPTV/Translator Digital Operations

    When the Commission initially adopted rules for digital LPTV/
translators in 2004, it did not apply all of the part 74 rules to 
digital LPTV/translators but instead adopted eleven rules in 47 CFR 
74.786 through 74.796 specifically for digital LPTV/Translator stations 
and identified in Sec.  74.789 which of the part 74 rules applicable to 
analog LPTV/translator operations would also apply to digital LPTV/
translator operations. Now that the LPTV/translator digital transition 
is completed, in order to maintain the status quo, we believe it is 
necessary and appropriate to apply the additional part 74 rules not 
specifically identified in Sec.  74.789 to digital LPTV/translator 
operations, modified, as necessary for digital operations, and propose 
to eliminate the analog versions of those rules. We do not believe the 
transition to digital operation provides any basis to relieve LPTV/
translator stations of these obligations and that their continued 
applicability is in the public interest. Specifically, we tentatively 
conclude that revised Sec.  74.702(b), which describes LPTV/translator 
stations' secondary status with respect to a primary station's proposal 
to change the Table of TV Allotments, should apply to digital LPTV/
translator stations, consistent with existing practice. In addition, 
Sec. Sec.  74.702(a) and 74.786 reflect the same information pertaining 
to channel assignments. We tentatively conclude to retain the 
requirements in Sec.  74.702(a) and delete Sec.  74.786. Similarly, we 
tentatively conclude that Sec.  74.750, regarding the certification of 
equipment, should continue to apply to digital LPTV/translator 
stations, with certain proposed changes designed to reflect the 
completion of the LPTV/translator analog to digital transition. We also 
tentatively conclude that, in order to ensure the orderly organization 
of our rules, we should move certain aspects of technical requirements 
contained in Sec.  74.750(c) (paragraphs (c)(5) and (8)) to digital 
rule Sec.  74.795(b)(6) and (7). We seek comment on these tentative 
conclusions and proposed rules. We further tentatively conclude that we 
should adopt and apply to digital LPTV/translator stations the 
following rules, each of which

[[Page 58208]]

would track and replace corresponding rules that have previously 
applied to analog LPTV/translator stations, including: a new Sec.  
74.737 regarding antenna location, and a new Sec.  74.762 regarding 
frequency measurements.
    In conjunction with the changes proposed above, we also tentatively 
conclude that we should delete Sec. Sec.  74.789 and 
74.787(a)(5)(viii). We tentatively conclude that there is no need to 
have rules specifying which part 74 rules apply to digital LPTV/
translators, as, with the elimination and proposed elimination of the 
analog rules, all rules in part 74 will apply to digital. We seek 
comment on this tentative conclusion.

LPTV/Translator Protection of Land Mobile Radio Service

    As discussed above, Sec.  74.709(a) and (b) of the Commission's 
rules require LPTV/translator stations to protect certain channels for 
use by land mobile radio systems (LMRS) in thirteen U.S. cities listed 
in the rule, which specifies a 130 kilometer radius from the 
coordinates for these cities as a threshold for determining 
interference. The 130 kilometer radius around each set of coordinates 
was calculated based on the 1927 North American Datum (``NAD 27''). As 
a result of improvements in technology and measuring capabilities, NAD 
27 has been superseded by the 1983 North American Datum (``NAD 83''). 
The Commission's Office of Engineering and Technology (OET) and Office 
of the Managing Director have previously explained that ``[g]eodetic 
datum is a set of constants specifying the coordinate system used for 
calculating the coordinates of points on the Earth. NAD 83 was 
developed based on satellite and remote-sensing measurement techniques, 
and provides greater accuracy than the older NAD 27.'' Because it 
provides greater accuracy and the older NAD 27 is outdated, we propose 
to amend the rule to use NAD 83 for purposes of specifying these 
coordinates. We further tentatively conclude that updating the 
coordinates in the rule to NAD 83 would serve the public interest by 
conforming the values with the coordinate system used in the 
Commission's Licensing and Management System (LMS) database and with 
those found in Sec.  90.303(b) of the rules, which define the service 
that Sec.  74.709 protects. Section 90.303(b) defines the specific 
center points used to permit land mobile operations, which represent 
the specific locations that Sec.  74.709(a) is designed to protect. See 
47 CFR 90.303(a) (stating that ``coordinates are referenced to the 
North American Datum 1983 (NAD83)'') and (b). As such, our proposal to 
conform the values in Sec.  74.709(a) to those of Sec.  90.303(b) would 
help to ensure that land mobile operations are appropriately considered 
and protected from LPTV/translator operations. There is no equivalent 
to Sec.  74.709(b) in the part 90 rules, so we therefore propose to 
convert these values to NAD 83 by conforming them to the as-filed 
coordinates for the associated television station if the associated 
station still exists at the same location, or if it does not, 
converting them directly to NAD 83.
    While we believe the coordinate updates proposed are in the public 
interest for the reasons discussed above, we do not anticipate that the 
proposed changes will alter the actual interference protection between 
LPTV/translator stations and LMRS. The coordinates in the rule are used 
only to determine whether an LPTV/translator application is outside of 
the relevant LMRS protected zone for the potentially affected channel 
and community. Section 74.703(e) separately requires the resolution of 
actual interference which may occur to land mobile operations. We seek 
comment on these tentative conclusions and proposed changes.

LPTV Digital Data Services Act

    We propose to delete the rule requiring LPTV stations that avail 
themselves of the provisions set forth in the LPTV Digital Data 
Services Act (DDSA) digital data service pilot project to comply with 
rules implementing the DDSA. The DDSA mandated that the Commission 
issue regulations establishing a pilot project pursuant to which twelve 
specified LPTV stations could provide digital data services to 
demonstrate the feasibility of using LPTV stations to provide high-
speed wireless digital data service, including internet access, to 
unserved areas. When the Commission implemented the DDSA in 2002, the 
Commission had not yet authorized Class A or LPTV/translator stations 
to operate digital facilities. The DDSA and Sec.  74.785 of the rules 
therefore required the designated stations to comply with Commission 
rules that implemented the DDSA if they sought to participate in the 
digital pilot program. As previously noted, in 2004, the Commission 
authorized all LPTV/translator stations to operate in digital. 
Currently, all LPTV stations must operate in digital and may offer 
ancillary and supplementary services, including the services contained 
in the pilot project of the DDSA. See 47 CFR 74.790(i); 73.624(c) and 
(e). The Commission's ancillary and supplementary rules provide that 
broadcasters may offer services that ``include, but are not limited to 
computer software distribution, data transmissions, teletext, 
interactive materials, aural messages, paging services, audio signals, 
subscription video, and any other services that do not derogate DTV 
broadcast stations' obligations under paragraph (b) of this section.'' 
See 47 CFR 73.624(c). See also 47 CFR 74.790(i). One difference between 
the Commission's ancillary and supplementary rules and the DDSA is that 
the rules require that ancillary and supplementary services may not 
derogate the station's required signal to viewers, while the DDSA does 
not. We note that none of the stations identified in the statute are 
currently providing service pursuant to an experimental authorization 
issued under the DDSA, and that some of the stations have been 
cancelled. For these reasons, we believe that this rule currently 
serves no useful purpose. Therefore, we tentatively conclude that a 
rule requiring stations to comply with the Commission's order 
implementing the DDSA should be deleted, and we seek comment on those 
tentative conclusions.

Station Identification

    Section 74.783(a) requires analog LPTV/translator stations not 
originating local programming to provide station identification. When 
the Commission adopted its rules for digital LPTV/translator operations 
in 2004, it declined to adopt a separate rule for digital stations, 
choosing instead to allow such LPTV/translator stations the flexibility 
to identify themselves in different manners, including following the 
analog station identification provisions in Sec.  74.783(a). Now that 
the LPTV/translator digital transition is complete and analog 
operations have terminated, we tentatively conclude that we should 
require digital LPTV/translator stations to comply with the station 
identification provisions set forth in Sec.  74.783 applicable to 
analog operations, which we now propose to update to reflect digital 
operations. We do not believe the transition to digital operation 
provides any basis to relieve LPTV/translator stations of the station 
identification obligation, and we believe the continued application of 
the established rule for station identification is in the public 
interest. We seek comment on these tentative conclusions and the 
proposed rule.
    In addition, proposed Sec.  74.783(a)(1) provides alternative 
methods for stations to identify their broadcasts over the air. In 
Sec.  74.783(a)(1) and (c), we propose to include the option for LPTV/

[[Page 58209]]

translator stations to use the Program and System Information Protocol 
(PSIP) to transmit the station's call sign as the ``short channel 
name'' on at least one stream of programming that the LPTV/translator 
station transmits. We seek comment on this proposed change.
    We note that in order to identify a station using the PSIP short 
channel name, a station must request and be assigned a transport stream 
ID (TSID). If a station has requested and been assigned a TSID, we 
propose to require the LPTV/translator station to broadcast with the 
station's assigned TSID during its hours of operation. The TSID 
requirement would be in addition to, and not in place of, one of the 
other identification requirements. We propose the same requirement with 
respect to a station's bit stream ID (BSID), which has the same 
function as the TSID, but in the ATSC 3.0 context. We seek comment on 
these proposals.
    We also seek comment on codifying the Media Bureau's (Bureau) 
practice of requiring LPTV stations to transmit with a virtual channel 
that avoids conflicts with any full power or Class A station's virtual 
channel in cases where a contour overlap would arise, or with virtual 
channels chosen by other LPTV stations. LPTV licensees are not required 
to comply with the virtual channel assignment methodology found in the 
Advanced Television Systems Committee's (ATSC) standard ATSC A/65C 
Annex B, as full power and Class A stations are, and we are not 
proposing to require them to do so. However, absent this rule change, 
LPTV stations could potentially create contour overlap with full power 
and Class A stations, leading to virtual channel conflicts.
    Furthermore, we tentatively conclude that we should adopt Sec.  
74.791(d) to reflect the staff's current call sign assignment protocol 
for LPTV/translator stations. Section 74.783(d) provides that an LPTV/
translator station call sign will be made up of the letters K or W, the 
station's channel number, and ``two additional letters.'' For certain 
channel numbers, however, all two letter combinations have been 
exhausted for several years, and consistent with the Commission's 
policy that all stations have a unique call sign, stations have been 
assigned a three letter call sign beginning with ``AAA'' continuing 
sequentially through the alphabet for the third letter. This three 
letter protocol is built into the Commission's LMS system. Considering 
the necessity of modifying the two letter protocol due to the 
exhaustion of such combinations, and the fact that any change would 
affect the staff's ability to continue timely processing applications, 
we tentatively conclude that we should amend Sec.  74.791 to add 
paragraph (d) to reflect the staff's current call sign assignment 
protocol. We seek comment on these tentative conclusions.

Technical Modifications

    Section 74.708(b) requires LPTV/translator stations to protect 
previously filed Class A applications, and Sec.  74.710(a) requires 
LPTV/translator stations to protect previously filed LPTV/translator 
applications. These paragraphs reference the Bureau's practice that if 
two applications are filed on different days and otherwise have equal 
processing priority, the filing earlier in time will receive priority. 
We tentatively conclude that these requirements should be maintained in 
the rules but moved into the Commission's digital rules in Sec.  
74.787(c). We seek comment on this tentative conclusion.
    Sections 74.735(c) and 74.750(f) of the rules reference vertically 
polarized transmitting antennas. We note that despite the reference, 
the Commission's LMS filing system does not and has not allowed 
stations to specify a vertical antenna. Further, television viewers' 
home receive antennas are generally horizontally, not vertically, 
polarized. Given these limitations, we propose to modify the language 
in Sec.  74.735(c) and in revised Sec.  74.750(f) to remove the 
reference to vertical-only antennas. We also propose to clarify, 
consistent with the similar rule applicable to full-power stations, 
that the horizontal power is to be higher than or equal to the vertical 
power in all directions, and require documentation that the antenna 
meets this requirement. We seek comment on these proposals.
    Next, Sec.  74.735(c)(4) currently requires that horizontal plane 
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' This requirement is outdated and not 
consistent with current licensee and Commission staff practices. We 
propose to instead require licensees to submit patterns in the form of 
a .pdf attachment to an application filed in LMS, and propose to 
clarify that similar plots are required for elevation or matrix 
patterns submitted in the LMS form. This approach would provide 
flexibility to applicants and conform to modern practices. We seek 
comment on this proposal.
    Section 74.751(b) permits a licensee to relocate facilities less 
than 500 feet (152.4 meters) without requesting prior authorization. 
The language of the rule, however, is in conflict with the Commission 
staff's standard processing practice, which is to require a licensee to 
file a minor modification application whenever a station seeks to 
relocate its antenna. OET Bulletin No. 69 (OET Bulletin) provides 
guidance on the use of Longley-Rice methodology for evaluating TV 
service coverage and interference in accordance with the Commission's 
rules. When the LPTV/translator stations were authorized for digital 
transmission in 2004, the rules permitted the use of the OET Bulletin, 
as opposed to contour analysis. Because the most precise antenna 
location provides the most accurate results when using the OET 
Bulletin, the staff has consistently required a minor modification 
application for all antenna relocations, and the industry has routinely 
submitted such minor modification applications. We propose to revise 
the language of the rule to reflect current staff practice and modify 
Sec.  74.751(b)(4) to require LPTV/translator licensees and permittees 
to file an application in LMS on FCC Form 2100, Schedule C, requesting 
authorization for all station relocations. We seek comment on this 
proposal.
    We also propose to delete two paragraphs of Sec.  74.751 as 
irrelevant and unnecessary. Section 74.751(b)(6) permits relocation of 
a station's transmitter without authorization in only certain 
instances. Because the antenna location, rather than the transmitter 
location, is the relevant consideration in determining interference, 
service, and loss, as required by the Commission's rules and policies, 
we propose to delete Sec.  74.751(b)(6) entirely regarding the 
transmitter's location, as it is not relevant in this analysis. Section 
74.751(c) requires LPTV/translator licensees to notify the Commission 
in writing of any other equipment changes they make that are not 
specifically referenced in paragraphs (a) and (b) of this section. We 
do not believe this information is relevant to the Commission's 
application decision-making processes, and we note that staff does not 
routinely receive such notifications. Therefore we propose to delete 
the paragraph. We seek comment on these proposals.
    Section 74.790(g)(3) provides that ``LPTV station[s] must transmit 
an over-the-air video program signal at no direct charge to viewers at 
least comparable in resolution to that of its associated analog (NTSC) 
LPTV station or, in the case of an on-channel digital conversion, that 
of its former analog LPTV station.'' We propose to update the quality 
standard set forth in the rule to reflect that 480i video resolution is 
``comparable in resolution to analog television programming,'' 
consistent

[[Page 58210]]

with the update the Commission made to its full power station rules in 
Sec.  73.624(b). We seek comment on whether this proposed quality 
standard is an appropriate standard for LPTV stations, and whether 
there is any reason to have different standards for LPTV and full power 
stations. Furthermore, we tentatively conclude that the D/U ratios for 
ATSC 3.0 into TV and vice versa for predicting interference to stations 
are assumed to be similar, and need not be differentiated in the rules 
beyond TV service. We seek comment on this tentative conclusion.
    Finally, certain rules specify the filing of a letter or similar 
submissions for relief with the Commission. We propose to update such 
rules to instead require submission in LMS, the Commission's broadcast 
licensing database. Doing so is consistent with current licensee and 
Commission staff practices for both LPTV/translators and full power 
licensees and permittees. Specifically, we propose to amend our rules 
to require LPTV/translator licensees and permittees to file written 
reports, submissions, letters, notifications, or other required filings 
in LMS. We believe that this proposed amendment is in the public 
interest because it will streamline application submission, processing, 
and record keeping, and provide a centralized location for public 
inspection of all licensing-related matters. We seek comment on these 
proposals.

Cost-Benefit and Diversity, Equity and Inclusion Analysis

    Finally, we seek 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 our proposals? We also seek comment on any 
potential costs that would be imposed on licensees, regulatees, and the 
public if we adopt the proposals contained in this NPRM. Comments 
should be accompanied by specific data and analysis supporting claimed 
costs and benefits.
    As part of our 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, we invite comment on how the proposals set forth in this 
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, we seek comment on how our 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), pursuant to 5 U.S.C. 603, the Commission has prepared this 
Initial Regulatory Flexibility Act Analysis (IRFA) of the possible 
significant economic impact on a substantial number of small entities 
by the policies and rules proposed in this sixth notice of proposed 
rulemaking (NPRM). Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments specified in the DATES section of this 
NPRM. The Commission will send a copy of this NPRM, including this 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, this NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    This NPRM seeks comment on a number of proposals as part of the 
Commission's effort to update its rules following the termination of 
analog operations in the low power television (LPTV) and TV translator 
services. This NPRM proposes to adopt certain rules previously 
applicable to analog operations for digital operations.
    This NPRM also proposes to delete the rule requiring LPTV stations 
that avail themselves of the provisions set forth in the LPTV Digital 
Data Services Act (DDSA) digital data service pilot project to comply 
with the Commission's rules implementing the DDSA.
    Regarding LPTV/translator call signs, this NPRM proposes to amend 
the Commission's rules to account for the fact that with respect to 
some channel numbers, all two letter call sign combinations have been 
exhausted, and consistent with the Commission's policy that all 
stations have a unique call sign, this NPRM proposes to codify the 
current practice of assigning a three letter call sign beginning with 
``AAA'' continuing sequentially through the alphabet for the third 
letter in such cases.
    This NPRM seeks comment on updating the means by which stations may 
identify their broadcasts over the air. The Commission proposes to 
offer the option to place the call sign in the PSIP short channel name 
of at least one stream. Additionally, this NPRM seeks to mandate the 
broadcast of the station's assigned TSID (or BSID, which is the ATSC 
3.0 functional equivalent), assuming one is assigned.
    Consistent with current staff practice, this NPRM seeks comment on 
its proposal to require a minor modification application on FCC Form 
2100, Schedule C, for all station relocations, including those under 
500 feet. This NPRM also seeks comment on codifying the staff's 
practice of requiring LPTV stations to transmit with a virtual channel 
that avoids conflicts with any full power or Class A station's virtual 
channel in cases where a contour overlap would arise, or with virtual 
channels chosen by other LPTV stations. This NPRM also seeks comment on 
updating various filing requirements that currently specify submission 
by letter or other means to the FCC to instead require submission in 
the Commission's Licensing and Management System (LMS).
    This NPRM also seeks comment on removing references in the rules to 
the use of vertical-only antennas, and to require that the horizontal 
power is higher than or equal to the vertical power in all directions. 
This NPRM also seeks to clarify what documentation is required when 
applications are submitted with various kinds of directional patterns.
    This NPRM seeks comment on updating the coordinates found 
throughout Sec.  74.709 from NAD 27 to NAD 83 and otherwise conforming 
the values in Sec.  74.709(a) with those found in Sec.  90.303. These 
coordinates are used only to determine where the Commission will or 
will not grant applications. Section 74.703(e) still requires the 
resolution of actual interference, so the proposed adjustments to Sec.  
74.709(a) will not change the required amount of interference 
protection between LPTV/translator stations and land mobile operations.
    Finally, this NPRM proposes to update the quality standard set 
forth in Sec.  74.790(g)(3) to reflect that 480i video resolution is 
``comparable in resolution to analog television programming,'' 
consistent with the update the Commission made to its full power 
station rules.

Legal Basis

    The proposed action is authorized under sections 1, 4, 301, 303, 
307, 308, 309, 310, 316, 319, and 336 of the

[[Page 58211]]

Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 303, 
307, 308, 309, 310, 316, 319, 336.

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 
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. The 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.
    We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific 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

    The Commission seeks comment on whether stations should be able to 
now make certain required notifications through filings procedures in 
LMS as opposed to by letter, as has been the case. In addition, the 
Commission tentatively concludes it will modify Sec.  74.751(b)(4) to 
require LPTV/translator licensees and permittees to file a minor 
modification application requesting authorization for all station 
relocations, including those less than 500 feet (152.4 meters). In past 
practice, the staff has not permitted stations to move to another tower 
that is less than 500 feet away from its current location without 
filing a minor modification application--this rule change would codify 
the staff's current practice. Should the Commission ultimately decide 
to adopt these requirements, they would result in a modified paperwork 
obligation. If adopted, the Commission will seek approval and the 
corresponding burdens to account for this modified 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

[[Page 58212]]

use of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities. See 
5 U.S.C. 603(c).
    This NPRM seeks comment on a number of proposals that would codify 
the staff's current practices or better reflect technological 
advancements in the industry. For example, this NPRM seeks comment on 
codifying the staff's practice of requiring LPTV stations that 
voluntarily transmit with a virtual channel to choose one that avoids 
conflicts with any full-power or Class A station's virtual channel in 
cases where a contour overlap would arise, or with virtual channels 
chosen by other LPTV stations. Moreover, this NPRM proposes removing 
references in the rules to the use of vertical-only antennas, and 
requires that the horizontal power is higher than or equal to the 
vertical power in all directions, consistent with the requirements for 
full-power stations. These proposals are an attempt to simplify, 
streamline, and modernize existing rules and procedures that will 
enable LPTV stations to more easily comply with licensing requirements 
through familiar and low cost measures.
    This NPRM also seeks comment on updating the coordinates in Sec.  
74.709 from NAD 27 to NAD 83 in order to conform the values with those 
found in part 90 of the Commission's rules. These coordinates are used 
only to determine whether the Commission will or will not grant 
applications. Section 74.703(e) still requires the resolution of actual 
interference, and so the Commission would not need to balance the 
interference protection afforded to land mobile operation with the 
updated, streamlined benefits for small entities as a result of this 
proposal.
    Further, this NPRM seeks comment on updating various filing 
requirements that currently specify submission by letter or other means 
to the FCC to instead require submission in LMS. The Commission 
anticipates that this option will lessen the physical burden on small 
entities. The Commission will have to consider the benefits and costs 
of allowing LPTV stations to submit certain notifications in LMS.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    None.

Report to Congress

    The Commission will send a copy of this 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 this 
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, TV translator stations.

Federal Communications Commission
Marlene Dortch,
Secretary.

Proposed Regulations

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 74 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, 325, 336 and 
554.

0
2. Section 74.702 is amended by revising paragraph (b) to read as 
follows:


Sec.  74.702  Channel assignments.

* * * * *
    (b) Changes in the Table of TV Allotments (Sec.  73.622(j) of this 
chapter), authorizations to construct new full power television 
stations or to authorizations to change facilities of existing such 
stations, may be made without regard to existing or proposed low power 
TV or TV translator stations. Where such a change results in a low 
power TV or TV translator station causing actual interference to 
reception of the full power television station, the licensee or 
permittee of the low power TV or TV translator station shall eliminate 
the interference or file an application for a change in channel 
assignment pursuant to Sec.  73.3572 of this chapter.
* * * * *
0
3. Section 74.703 is amended by revising paragraph (h) to read as 
follows:


Sec.  74.703  Interference.

* * * * *
    (h) In each instance where suspension of operation is required, the 
licensee shall submit a full report to the FCC after operation is 
resumed containing details of the nature of the interference, the 
source of the interfering signals, and the remedial steps taken to 
eliminate the interference. This report shall be filed via a Resumption 
of Operations notice in the FCC's Licensing and Management System 
(LMS).
* * * * *


Sec.  74.708  [Removed and Reserved]

0
4. Remove and reserve Sec.  74.708.
0
5. Section 74.709 is amended by revising the tables in paragraphs (a) 
and (b)(2) to read as follows:


Sec.  74.709  Land mobile station protection.

    (a) * * *

                                            Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
                                                                                         Coordinates
                          City                                Channels     -------------------------------------
                                                                                 Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA.............................................             14, 16   42[deg]21'24.4''  071[deg]03'23.2''
Chicago, IL............................................             14, 15   41[deg]52'28.1''  087[deg]38'22.2''
Cleveland, OH..........................................             14, 15   41[deg]29'51.2''  081[deg]49'49.5''
Dallas, TX.............................................                 16   32[deg]47'09.5''    096[deg]47'38''
Detroit, MI............................................             15, 16   42[deg]19'48.1''  083[deg]02'56.7''
Houston, TX............................................                 17   29[deg]45'26.8''  095[deg]21'37.8''
Los Angeles, CA........................................         14, 16, 20     34[deg]03'15''  118[deg]14'31.3''
Miami, FL..............................................                 14   25[deg]46'38.4''  080[deg]11'31.3''
New York, NY...........................................         14, 15, 16   40[deg]45'06.4''  073[deg]59'37.5''
Philadelphia, PA.......................................             19, 20   39[deg]56'58.4''  075[deg]09'19.6''
Pittsburgh, PA.........................................             14, 18   40[deg]26'19.2''  079[deg]59'59.2''
San Francisco, CA......................................             16, 17   37[deg]46'38.7''  122[deg]24'43.9''
Washington, DC.........................................             17, 18   38[deg]53'51.4''  077[deg]00'31.9''
----------------------------------------------------------------------------------------------------------------


[[Page 58213]]

    (b) * * *
    (2) * * *

                                           Table 2 to Paragraph (b)(2)
----------------------------------------------------------------------------------------------------------------
                                                                                         Coordinates
                          City                                Channel      -------------------------------------
                                                                                 Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
San Diego, CA..........................................                 15   32[deg]41'52.7''  116[deg]56'06.3''
Waterbury, CT..........................................                 20   41[deg]31'02.3''  073[deg]00'58.4''
Washington, DC.........................................                 14   38[deg]57'17.4''  077[deg]00'15.9''
Washington, DC.........................................                 20   38[deg]57'49.9''  077[deg]06'17.2''
Champaign, IL..........................................                 15     40[deg]04'10''    087[deg]54'46''
Jacksonville, IL.......................................                 14   39[deg]45'52.1''  090[deg]30'29.5''
Ft. Wayne, IN..........................................                 15   41[deg]05'35.2''  085[deg]10'41.9''
South Bend, IN.........................................                 16     41[deg]36'20''    086[deg]12'46''
Salisbury, MD..........................................                 16   38[deg]24'15.4''  075[deg]34'43.7''
Mt. Pleasant, MI.......................................                 14   43[deg]34'24.1''    084[deg]46'21''
Hanover, NH............................................                 15   43[deg]42'30.2''  072[deg]09'14.3''
Canton, OH.............................................                 17   40[deg]51'04.2''  081[deg]16'36.4''
Cleveland, OH..........................................                 19   41[deg]21'19.2''  081[deg]44'23.5''
Oxford, OH.............................................                 14   39[deg]30'26.2''  084[deg]44'08.8''
Zanesville, OH.........................................                 18     39[deg]55'42''    081[deg]59'07''
Elmira-Corning, NY.....................................                 18     42[deg]06'22''    076[deg]52'16''
Harrisburg, PA.........................................                 21   40[deg]20'43.1''  076[deg]52'08.3''
Johnstown, PA..........................................                 19   40[deg]19'47.3''  078[deg]53'44.1''
Lancaster, PA..........................................                 15     40[deg]15'45''    076[deg]27'50''
Philadelphia, PA.......................................                 17   40[deg]02'30.9''  075[deg]14'21.9''
Pittsburgh, PA.........................................                 16   40[deg]26'46.2''  079[deg]57'50.2''
Scranton, PA...........................................                 16   41[deg]10'58.3''  075[deg]52'19.7''
Parkersburg, WV........................................                 15   39[deg]20'59.8''  081[deg]33'55.4''
Madison, WI............................................                 15     43[deg]03'03''    089[deg]29'13''
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  74.710  [Removed and Reserved]

0
6. Remove and reserve Sec.  74.710.
0
7. Section 74.734 is amended by revising the first sentence of 
paragraph (a)(4) to read as follows:


Sec.  74.734  Attended and unattended operation.

    (a) * * *
    (4) A notification must be filed with the FCC via a Change of 
Control Point Notice in LMS providing the name, address, and telephone 
number of a person or persons who may be called to secure suspension of 
operation of the transmitter promptly should such action be deemed 
necessary by the FCC. * * *
* * * * *
0
8. Section 74.735 is amended by revising the first and second sentences 
of paragraphs (c) introductory text and (c)(2) and paragraph (c)(4) and 
adding paragraphs (c)(6) and (7) to read as follows:


Sec.  74.735  Power limitations.

* * * * *
    (c) The limits in paragraph (b) of this section apply to the 
effective radiated power in the horizontally polarized plane. For 
either omnidirectional or directional antennas, where the ERP values of 
the vertically and horizontally polarized components are not of equal 
strength, the ERP limits shall apply to the horizontal polarization, 
and the vertical ERP shall not exceed the horizontal ERP in any 
direction. * * *
    (2) Relative field horizontal plane pattern (patterns for both 
horizontal and vertical polarization should be included if elliptical 
or circular polarization is used) of the proposed directional antenna. 
A value of 1.0 should be used for the maximum radiation in the 
horizontal polarization. * * *
* * * * *
    (4) All horizontal plane patterns must be plotted in a PDF 
attachment to the application in a size sufficient to be easily viewed.
* * * * *
    (6) If an elevation pattern is submitted in the application form, 
similar tabulations and PDF attachments shall be provided for the 
elevation pattern.
    (7) If a matrix pattern is submitted in the application form, 
similar tabulations and PDF attachments shall be provided as necessary 
to accurately represent the pattern.

0
9. Revise Sec.  74.737 to read as follows:


Sec.  74.737  Antenna location.

    (a) An applicant for a new low power TV or TV translator station or 
for a change in the facilities of an authorized station shall endeavor 
to select a site that will provide a line-of-sight transmission path to 
the entire area intended to be served and at which there is available a 
suitable signal from the primary station, if any, that will be 
retransmitted.
    (b) The transmitting antenna should be placed above growing 
vegetation and trees lying in the direction of the area intended to be 
served, to minimize the possibility of signal absorption by foliage.
    (c) A site within 8 kilometers of the area intended to be served is 
to be preferred if the conditions in paragraph (a) of this section can 
be met.
    (d) Consideration should be given to the accessibility of the site 
at all seasons of the year and to the availability of facilities for 
the maintenance and operation of the transmitting equipment.
    (e) The transmitting antenna should be located as near as is 
practical to the transmitter to avoid the use of long transmission 
lines and the associated power losses.
    (f) Consideration should be given to the existence of strong radio 
frequency fields from other transmitters at the site of the 
transmitting equipment and the possibility that such fields may result 
in the retransmissions of signals originating on frequencies other than 
that of the primary station being rebroadcast.
0
10. Revise Sec.  74.750 to read as follows:


Sec.  74.750  Transmission system facilities.

    (a) A low power TV or TV translator station shall operate with a 
transmitter

[[Page 58214]]

that is either certificated for licensing under the provisions of this 
subpart or type notified for use under part 73 of this chapter.
    (b) External preamplifiers also may be used provided that they do 
not cause improper operation of the transmitting equipment, and use of 
such preamplifiers is not necessary to meet the provisions of Sec.  
74.795(b).
    (c)-(d) [Reserved]
    (e) The following procedures shall apply:
    (1) Any manufacturer of apparatus intended for use at low power TV 
or TV translator stations may request certification by following the 
procedures set forth in part 2, subpart J, of this chapter.
    (2) Low power TV and TV translator transmitting apparatus that has 
been certificated by the FCC will normally be authorized without 
additional measurements from the applicant or licensee.
    (3) Applications for certification of modulators to be used with 
existing certificated TV translator apparatus must include the 
specifications electrical and mechanical interconnecting requirements 
for the apparatus with which it is designed to be used.
    (4) Other rules concerning certification, including information 
regarding withdrawal of type acceptance, modification of certificated 
equipment, and limitations on the findings upon which certification is 
based, are set forth in part 2, subpart J, of this chapter.
    (f) The transmitting antenna system may be designed to produce 
horizontal, elliptical, or circular polarization.
    (g) Low power TV or TV translator stations installing new 
certificated transmitting apparatus incorporating modulating equipment 
need not make equipment performance measurements and shall so indicate 
on the station license application. Stations adding new or replacing 
modulating equipment in existing low power TV or TV translator station 
transmitting apparatus must have a qualified person examine the 
transmitting system after installation. A report of the methods, 
measurements, and results must be kept in the station records. However, 
stations installing modulating equipment solely for the limited local 
origination of signals permitted by Sec.  74.790 need not comply with 
the requirements of this paragraph (g).
0
11. Section 74.751 is amended by:
0
a. Revising paragraph (b)(4); and
0
b. Removing and reserving paragraphs (b)(6) and (c).
    The revision reads as follows:


Sec.  74.751  Modification of transmission systems.

* * * * *
    (b) * * *
    (4) Any horizontal change of the location of the antenna.
* * * * *
0
12. Revise Sec.  74.762 to read as follows:


Sec.  74.762  Frequency measurements.

    (a) The licensee of a low power TV station or a TV translator 
station must measure the frequency of its output channel as often as 
necessary to ensure operation consistent with the Advanced Television 
Systems Committee (ATSC) standard (see Sec.  73.682 of this chapter), 
and at least once each calendar year at intervals not exceeding 14 
months.
    (b) In the event that a low power TV or TV translator station is 
found to be operating inconsistent with the standard in paragraph (a) 
of this section, the licensee promptly shall suspend operation of the 
transmitter and shall not resume operation until transmitter has been 
restored to its assigned frequency.
0
13. Section 74.763 is amended by revising paragraph (b) to read as 
follows:


Sec.  74.763  Time of operation.

* * * * *
    (b) In the event that causes beyond the control of the low power TV 
or TV translator station licensee make it impossible to continue 
operating, the licensee may discontinue operation for a period of not 
more than 30 days without further authority from the FCC. Notification 
must be sent to the FCC via a Suspension of Operations Notice filing in 
LMS, not later than the 10th day of discontinued operation. During such 
period, the licensee shall continue to adhere to the requirements in 
the station license pertaining to the lighting of antenna structures. 
In the event normal operation is restored prior to the expiration of 
the 30 day period, the FCC shall be notified via a Resumption of 
Operations Notice filing in LMS of the date normal operations resumed. 
If causes beyond the control of the licensee make it impossible to 
comply within the allowed period, a request for Special Temporary 
Authority (see Sec.  73.1635 of this chapter) shall be made to the FCC 
no later than the 30th day for such additional time as may be deemed 
necessary via LMS.
* * * * *
0
14. Revise Sec.  74.783 to read as follows:


Sec.  74.783  Station identification.

    (a) Each low power TV and TV translator station not originating 
local programming as defined by Sec.  74.701(h) must transmit its 
station identification as follows:
    (1) By transmitting the call sign in the short channel name field 
of the Program and System and Information Protocol (PSIP) (or its ATSC 
3.0 equivalent) for at least one stream on the station; or
    (2) By arranging for the primary station, whose signal is being 
rebroadcast, to identify the translator station by transmitting an 
easily readable visual presentation or a clearly understandable aural 
presentation of the translator station's call letters and location. Two 
such identifications shall be made between 7 a.m. and 9 a.m. and 3 p.m. 
and 5 p.m. each broadcast day at approximately one hour intervals 
during each time period. Television stations which do not begin their 
broadcast day before 9 a.m. shall make these identifications in the 
hours closest to these time periods at the specified intervals.
    (b) Licensees of television translators whose station 
identification is made by the television station whose signals are 
being rebroadcast by the translator, must secure agreement with this 
television station licensee to keep in its file, and available to FCC 
personnel, the translator's call letters and location, giving the name, 
address, and telephone number of the licensee or his service 
representative to be contacted in the event of malfunction of the 
translator. It shall be the responsibility of the translator licensee 
to furnish current information to the television station licensee for 
this purpose.
    (c) A low power TV station shall comply with the station 
identification procedures given in Sec.  73.1201 of this chapter when 
locally originating programming, as defined by Sec.  74.701(h), on its 
primary stream. Other streams may use the method in paragraph (a)(1) of 
this section. The identification procedures given in paragraphs (a) and 
(b) of this section are to be used at all other times.
    (d) Transport Stream ID (TSID) values are identification numbers 
assigned to stations by the FCC and stored in the Commission's online 
database. Two sequential values are assigned to each station.
    (1) All low power TV stations shall transmit their assigned odd-
numbered TSID, if one has been assigned. All TV translator stations 
shall transmit their assigned odd-numbered TSID, if one has been 
assigned, or else the assigned TSID of the originating station if one 
has not been assigned to the TV translator station.
    (2) In ATSC 3.0, a similar value is used called a Bit Stream ID 
(BSID). LPTV/translator stations operating in

[[Page 58215]]

ATSC 3.0 mode shall utilize their assigned even-numbered TSID as their 
BSID, and transmit it as otherwise required in paragraph (d)(1) of this 
section.
0
15. Section 74.784 is amended by revising paragraph (b) to read as 
follows:


Sec.  74.784  Rebroadcasts.

* * * * *
    (b) The licensee of a low power TV or TV translator station shall 
not rebroadcast the programs of any other TV broadcast station or other 
station authorized under the provisions of this subpart without 
obtaining prior consent of the station whose signals or programs are 
proposed to be retransmitted. The FCC shall be notified of the call 
letters of each station rebroadcast, and the licensee of the low power 
TV or TV broadcast translator station shall certify it has obtained 
written consent from the licensee of the station whose programs are 
being retransmitted. This notification shall be provided by email to 
[email protected], the Video Division's email box.
* * * * *


Sec.  74.785  [Removed and Reserved]

0
16. Remove and reserve Sec.  74.785.


Sec.  74.786  [Removed and Reserved]

0
17. Remove and reserve Sec.  74.786.
0
18. Section 74.787 is amended by removing paragraph (a)(5)(viii) and 
adding paragraph (c) to read as follows:


Sec.  74.787  Licensing.

* * * * *
    (c) Licensing. An application to construct a new low power TV or TV 
translator station or change the facilities of an existing station will 
not be accepted if it fails to protect an authorized Class A, low power 
TV, or TV translator station or an application for such a station filed 
prior to the date the low power TV or TV translator application is 
filed.


Sec.  74.789  [Removed and Reserved]

0
19. Remove and reserve Sec.  74.789.
0
20. Section 74.790 is amended by revising paragraph (g)(3) and adding 
paragraph (n) to read as follows:


Sec.  74.790  Permissible service of TV translator and LPTV stations.

* * * * *
    (g) * * *
    (3) Whenever operating, an LPTV station must transmit at least one 
over-the-air video program signal at no direct charge to viewers at a 
resolution of at least 480i (vertical resolution of 480 lines, 
interlaced).
* * * * *
    (n) An LPTV station shall transmit at least the minimum Program 
System and Information Protocol (PSIP) information necessary for 
receivers to display the station's programming. The station is not 
required to utilize any specific virtual channel number but must avoid 
creating a contour overlap with any full power TV or Class A TV 
station's virtual channel or creating a contour overlap with another 
LPTV station using the same virtual channel.
0
21. Section 74.791 is amended by adding paragraph (d) to read as 
follows:


Sec.  74.791  Call signs.

* * * * *
    (d) Call sign protocol. The use of the initial letter generally 
will follow the pattern used in the broadcast service, i.e., stations 
west of the Mississippi River will be assigned an initial letter K and 
those east, the letter W. The two letter combinations following the 
channel number will be assigned in order, and requests for the 
assignment of the particular combinations of letters will not be 
considered. The channel number designator for Channels 2 through 9 will 
be incorporated in the call sign as a 2-digit number, i.e., 02, 03, 
etc., so as to avoid similarities with call signs assigned to amateur 
radio stations. In the event that the two letter combination following 
the channel numbers reaches ZZ, the next subsequent call sign shall 
have three letters, beginning with AAA.
0
22. Section 74.795 is amended by:
0
a. Removing ``and'' at the end of paragraph (b)(4);
0
b. Removing the period at the end of paragraph (b)(5) and adding ``; 
and'' in its place; and
0
c. Adding paragraphs (b)(6) and (7).
    The additions read as follows:


Sec.  74.795  Low power TV and TV translator transmission system 
facilities.

* * * * *
    (b) * * *
    (6) The apparatus must be equipped with automatic controls that 
will place it in a non-radiating condition when no signal is being 
received on the input channel, either due to absence of a transmitted 
signal or failure of the receiving portion of the facilities used for 
rebroadcasting the signal of another station. The automatic control may 
include a time delay feature to prevent interruptions caused by fading 
or other momentary failures of the incoming signal; and
    (7) Wiring, shielding, and construction shall be in accordance with 
accepted principles of good engineering practice.
* * * * *
[FR Doc. 2022-20293 Filed 9-22-22; 8:45 am]
BILLING CODE 6712-01-P