[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Rules and Regulations]
[Pages 58200-58206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20294]



[[Page 58199]]

Vol. 87

Friday,

No. 184

September 23, 2022

Part II





Federal Communications Commission





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47 CFR Part 74





Establishing Rules for Digital Low Power Television and Television 
Translator Stations; Final and Proposed Rules

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

[[Page 58200]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket Nos. 03-185 and 22-261; FCC 22-58; FR ID 104614]


Establishing Rules for Digital Low Power Television and 
Television Translator Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) adopts several rule updates to otherwise outdated 
rules for low power television and TV translator stations following the 
July 13, 2021, transition from analog to digital operations. This final 
rule deletes or revises rules that no longer have any practical effect 
given the completion of the low power television (LPTV)/translator 
digital transition, or that are otherwise obsolete or irrelevant. In 
addition, this final rule makes certain ministerial changes, for 
example, to delete analog rules, and to add definitions and other 
information previously adopted in rulemaking proceedings but 
inadvertently omitted from the rules.

DATES: Effective October 24, 2022.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Order, in MB Docket Nos. 03-185, 22-261; FCC 22-58, adopted on July 12, 
2022, and released on July 13, 2022, and revised in Erratum, released 
September 9, 2022. The full text of this document is available for 
download at https://docs.fcc.gov/public/attachments/FCC-22-58A1.pdf. To 
request materials in accessible formats (braille, large print, computer 
diskettes, or audio recordings), please send an email to [email protected] 
or call the Consumer & Government Affairs Bureau at (202) 418-0530 
(VOICE), (202) 418-0432 (TTY).

Synopsis

    On October 25, 2021, in connection with the completion of the 
incentive auction and broadcast television spectrum repacking 
authorized by the Middle Class Tax Relief and Job Creation Act, the 
Commission adopted a new Table of TV Allotments for full power 
television stations and also amended part 74 to remove references to 
channels and frequency bands that are no longer in-core television 
spectrum and/or references to analog TV operations which were no longer 
permitted (86 FR 66193 (Nov. 22, 2021)). The Commission stated in that 
order that in a future proceeding, it would conduct a review of its 
rules to delete provisions relating to analog television and update 
other rules pertaining to television. This item is part of that ongoing 
effort.
    The Digital Transition and Analog Termination Deadlines. Full power 
television stations largely completed their transition from analog to 
digital operations by June 12, 2009, and Class A television stations 
did the same by September 1, 2015. In 2011, when the Commission first 
adopted a digital transition deadline for LPTV/translators and 
established September 1, 2015, as the deadline (the ``original 
transition deadline''), it found that ``the Communications Act 
compelled low power television stations ultimately to convert to 
digital operation.'' The Commission reasoned that ``allowing low power 
stations to continue operating in analog . . . would prevent consumers 
from enjoying the benefits of digital broadcast technology, including 
improved picture and sound quality, and additional program offerings 
through multicasting.''
    In the 2015 Low Power Television Digital Transition Third Report 
and Order (LPTV DTV Third R&O) (81 FR 5041 (Feb. 1, 2016)), the 
Commission recognized that the incentive auction would likely have a 
significant impact on LPTV/translator digital conversion plans and 
therefore extended the original transition deadline to 12 months after 
the completion of the 39-month post-incentive auction transition 
period, which became July 13, 2021. The Commission also set July 13, 
2021, as the analog termination deadline--the date by which all LPTV/
translator stations were required to terminate all analog television 
operations, regardless of whether their digital facilities were 
operational. When extending the digital transition and analog 
termination deadline in 2015, the Commission affirmed its commitment to 
completing the LPTV/translator digital transition by a date certain, 
concluding that the new deadline must continue to be a ``hard 
deadline'' when all LPTV/translator stations terminate all analog 
operations regardless of whether their digital facilities are 
operational. The LPTV/translator transition was successfully completed, 
and the vast majority (97%) of LPTV/translator stations completed their 
transition and are now operating in digital. Thus, analog television is 
now a legacy service.
    Deletion of Obsolete Rules Recognizing the Digital Transition. 
Given that LPTV/translator stations have ceased analog operations, we 
adopt revisions to certain part 74 rules. Because these revisions to 
the rules described in this section of this final rule merely eliminate 
provisions of the rules that are obsolete due to the conversion from 
analog to digital television technology, we find good cause to conclude 
that notice and comment procedures are unnecessary and would not serve 
any useful purpose. See 5 U.S.C. 553(b)(3)(B) (providing that notice 
and comment are not required ``when the agency for good cause finds . . 
. that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'').
    Specifically, we eliminate in their entirety rules that provide for 
analog-to-analog and analog-to-digital interference protection 
requirements and other analog operating requirements, including: 47 CFR 
74.706 (Digital TV (DTV) station protection); 74.707 (Low power TV and 
TV translator station protection); and 74.761 (Frequency tolerance). 
Where these rules are referred to in other rules, the digital licensing 
rule number is substituted. See, e.g., 47 CFR 74.703(a) (Interference). 
The digital-to-digital interference protection standards are found in 
Sec. Sec.  74.792 (Low power TV and TV translator station protected 
contour) and 74.793(b) (Low power TV and TV translator station 
protection of broadcast stations) of the rules. The ``purpose and 
permissible service requirements'' currently found in Sec.  74.731 will 
now be found in Sec.  74.790 (Permissible service of TV translator and 
LPTV stations). We also delete 47 CFR 74.736 (Emissions and bandwidth), 
which applies solely to analog television broadcasting, and remove 
analog references from 47 CFR 74.793(b), (c), (f), and (h).
    We also eliminate the viewer notification requirement that 
terminated at the end of the digital transition on July 13, 2021, and 
the pre-transition digital construction period processing procedures. 
See 47 CFR 74.798 (Digital television transition notices by 
broadcasters). This rule required stations to notify viewers of their 
transition from analog to digital and that requirement ended with the 
LPTV/translator stations' successful transition to digital operations. 
Since all stations were required to complete their digital conversion 
by July 13, 2021, and are either operating in digital or are silent, 
the rule is now obsolete. We also delete 47 CFR 74.788 (Digital 
construction period). This rule provided, in part, for

[[Page 58201]]

certain LPTV/translator stations to apply for a single six-month 
extension of their digital construction permit past the July 13, 2021, 
digital transition deadline, and set out construction responsibilities 
of Class A and LPTV/translator stations holding both analog and digital 
construction permits. The extended six-month time period ended January 
10, 2022. LPTV/translator permittees, and licensees holding 
construction permits, are subject to the three-year construction period 
and tolling provisions set forth in 47 CFR 73.3598(a) and (b).
    We also amend rule headings and language in rules to remove 
references to DTV, digital, and analog television service. Because 
LPTV/translators transitioned from analog to digital operations, there 
is no further need to differentiate between digital and analog or to 
reference analog service in the following rules: 47 CFR 74.701(b) 
(Definitions--Primary station); (j) (Digital television broadcast 
translator station); (k) (Digital low power TV station); (m) (Existing 
low power television or television translator station); (n) (Suitable 
in core channel); 74.735(b) (Power limitations); 74.787(a) and (b) 
(Digital licensing). Digital replacement translators and digital-to-
digital replacement translators may continue to seek displacement if 
necessary, under Sec.  74.787(a)(4) (Displacement applications), even 
though the specific language in Sec.  74.787(a)(5)(i) is being removed 
because it is obsolete. In addition, because LPTV/translator permittees 
and licensees holding construction permits are subject to the three-
year construction period and tolling provision set forth in 47 CFR 
73.3598(a) and (b), the requirements set forth in 47 CFR 
74.787(a)(5)(ii) are obsolete.
    We similarly remove the differentiations between digital and analog 
and references to analog service in 47 CFR 74.790(a) through (k) 
(Permissible service of digital TV translator and LPTV stations); 
74.791(a) through (c) (Digital call signs); 74.793(a) and (b) (Digital 
low power TV and TV translator station protection of broadcast 
stations); 74.794(a)(1) (Digital emissions); 74.795(a) and (b) (Digital 
low power TV and TV translator transmission system facilities); and 
74.796(a) (Modification of digital transmission systems and analog 
transmission systems for digital operation).
    We also delete references to analog interference rules. See 47 CFR 
74.735(c) (Power limitations).
    Finally, we amend rule headings and language in rules to eliminate 
references to television boosters and UHF translator signal boosters, 
which were analog services, in the following rules: 47 CFR part 74, 
subpart G heading; 47 CFR 74.701(i) (Definitions--Television broadcast 
booster station); 74.702(c) (Channel assignments); 74.703(a) through 
(c) and (i) (Interference); 74.732(g) and (h) (Eligibility and 
licensing requirements); 74.734(a) (Attended and unattended operation); 
74.735(b) (Power limitations); 74.751(b)(1) (Modification of 
transmission systems); 74.763(a) and (c) (Time of operation); 74.780 
(Heading--Broadcast regulations applicable to translators and low power 
and booster stations); 74.781(a) and (c) (Station records); 74.784(d) 
(Rebroadcasts); 74.792(a) (Digital low power TV and TV translator 
station protected contour); 74.733 (UHF translator signal boosters); 
and 74.701(e) (Definitions--UHF translator signal booster). Analog UHF 
translator signal boosters were first authorized in 1963, 28 FR 13722, 
13724 (1963), decades before the advent of digital television. At that 
time, the Commission also adopted rules that distinguished between VHF 
(channels 2 through 13) and UHF (channels 70 through 83) translators, 
id., which did not carry over into digital processing and operations. 
Accordingly, we also delete 47 CFR 74.701(c) and (d) (Definitions--VHF 
Translator and UHF Translator) and language in 47 CFR 74.702(a)(1) and 
(2) (Channel assignments) that refers to these facilities.
    We also delete references to companion digital channels, which 
referred to digital channels associated with stations' authorized 
analog channels, and digital conversion channels, which referred to 
previously authorized analog channels that were converted to digital 
operations. See 47 CFR 74.701(o) and (p) (Definitions--Companion 
digital channel and Digital conversion channel); and 74.787(a)(1) and 
(2) (Digital licensing--Applications for digital conversion and 
Applications for companion digital channel).
    Additional Ministerial Rule Updates. We adopt additional non-
substantive, technical revisions to certain part 74 rules as set forth 
in the final regulations and further described below. We amend certain 
rules to provide LPTV/translator licensees and permittees with accurate 
information about current Commission forms. See 47 CFR 74.751(b) 
(Modification of transmission systems); 74.787(a)(3) and (4) (Digital 
licensing); and 74.797 (Biennial Ownership Reports). We note that the 
numbering of our forms has changed with the transition of the 
Commission's broadcast licensing database from the Consolidated 
Database System (CDBS) to the Licensing and Management System (LMS). 
See also 47 CFR 74.703(a) (updating location of Commission's main 
office).
    We also delete duplicate sections that were contained in both the 
analog and digital portions of part 74 in the following rules: 47 CFR 
74.701(g) (Program origination). This section mirrored the digital-
specific rule in 47 CFR 74.701(l) (Digital program origination), which 
we retain. We modify 47 CFR 74.789 (Broadcast regulations applicable to 
digital low power television and television translators), 
74.787(a)(5)(viii), and 74.780 of the Commission's rules (Broadcast 
regulations applicable to translators, low power, and booster stations) 
to delete some rules that no longer exist and correct the headings of 
some rules. We also delete 47 CFR 74.731 (Purpose and permissible 
service) because it is largely repeated at 47 CFR 74.790 (Permissible 
service of digital TV translator and LPTV stations), with the exception 
of Sec.  74.731(m), which has been moved to Sec.  74.790(m). Finally, 
we retain pertinent text from 47 CFR 74.790(f), and move it to 
paragraph (l) of that section, and make non-substantive editorial 
changes for clarity.
    We also add definitions of analog-to-digital replacement 
translators (DRTs) and digital-to-digital replacement translators 
(DTDRTs). See 47 CFR 74.701 and 74.787(a)(5). The definitions were 
adopted in the Commission's order creating the digital-to-digital 
translator service in Amendment of Parts 73 and 74 of the Commission's 
Rules to Establish Rules for Digital Low Power Television and 
Television Translator Stations, MB Docket No. 03-185, Third Report and 
Order, 81 FR 5041 (Feb. 1, 2016), and Fourth Notice of Proposed 
Rulemaking, 81 FR 5086 (Feb. 1, 2016), 30 FCC Rcd 14927, 14956-57, 
para. 65 (2015) and in the order creating the analog-to-digital 
replacement translator service in Amendment of Parts 73 and 74 of the 
Commission's Rules to Establish Rules for Replacement Digital Low Power 
Television Translator Stations, MB Docket No. 08-253, 74 FR 23650 (May 
20, 2009), Report and Order, 24 FCC Rcd 5931, 5933, para. 4 (2009).
    We also add an explanatory note to Sec.  74.709 to reference and 
explain the existence of a granted waiver with respect to the community 
of Los Angeles, California. Section 74.709 of the rules requires LPTV/
translator stations to protect certain channels for use by the land 
mobile radio service (LMRS) in thirteen U.S. cities listed in

[[Page 58202]]

the rule. In 2008, the Commission's Public Safety and Homeland Security 
Bureau (PSHSB) granted a waiver pursuant to section 337(c) of the 
Communications Act, as amended, allowing the County of Los Angeles to 
use channel 15 in Los Angeles for public safety communications. See 
Request for Waiver of the Commission's Rules to Authorize Public Safety 
Communications in the 476-482 MHz Band (County of Los Angeles, 
California), Order, 23 FCC Rcd 18389 (PSHSB 2008). Because this channel 
is adjacent to two channels contained in Sec.  74.709, we believe the 
public interest is served by including a note explaining the existence 
of the 2008 waiver.
    This document does not contain information collection requirements 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain any proposed information 
collection burden ``for small business concerns with fewer than 25 
employees,'' pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the 
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to 
this proceeding. The Commission has determined, and the Administrator 
of the Office of Information and Regulatory Affairs, Office of 
Management and Budget, concurs that this rule is ``non-major'' under 
the Congressional Review Act, 5 U.S.C. 804(2). The Commission will also 
send a copy of the Order to Congress and the Government Accountability 
office, pursuant to 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 74

    Low Power TV, TV translator stations.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Regulations

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 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 is revised to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and 
554.


0
2. The heading for subpart G is revised to read as follows:

Subpart G--Low Power TV and TV Translator Stations

0
3. Section 74.701 is amended by:
0
a. Revising paragraphs (b), (c), and (d);
0
b. Removing and reserving paragraphs (e), (g), and (i);
0
c. Revising paragraphs (j), (k), and (m); and
0
d. Removing paragraphs (n), (o), and (p).
    The revisions read as follows:


Sec.  74.701  Definitions.

* * * * *
    (b) Primary station. The television station which provides the 
programs and signals being retransmitted by a television broadcast 
translator station.
    (c) Analog to Digital Replacement Translator (DRT). A television 
translator licensed to a full power television station that allows it 
to restore service to any loss areas that may have occurred as a result 
of its transition from analog to digital.
    (d) Digital to Digital Replacement Translator (DTDRT). A television 
translator licensed to a full power television station that allows it 
to restore service to any loss areas that may have occurred as a result 
of the station being assigned a new channel pursuant to the Incentive 
Auction and repacking process.
* * * * *
    (j) Television broadcast translator station (``TV translator 
station''). A station operated for the purpose of retransmitting the 
programs and signals of a television broadcast station, without 
significantly altering any characteristic of the original signal other 
than its frequency, for the purpose of providing television reception 
to the general public.
    (k) Low power TV station (``LPTV station''). A station authorized 
under the provisions of this subpart that may retransmit the programs 
and signals of a television broadcast station, may originate 
programming in any amount greater than 30 seconds per hour for the 
purpose of providing television reception to the general public and, 
subject to a minimum video program service requirement, may offer 
services of an ancillary or supplementary nature, including 
subscription-based services. (See Sec.  74.790.)
* * * * *
    (m) Existing low power television or television translator station. 
When used in this subpart, the terms existing low power television and 
existing television translator station refer to a low power television 
station or television translator station that is either licensed or has 
a valid construction permit.

0
4. Section 74.702 is amended by:
0
a. Revising paragraphs (a)(1) and (2); and
0
b. Removing and reserving paragraph (c).
    The revisions read as follows:


Sec.  74.702   Channel assignments.

    (a) * * *
    (1) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may 
be assigned to a low power TV or TV translator station.
    (2) Any one of the UHF Channels from 14 to 36, inclusive, may be 
assigned to a low power TV or TV translator station. In accordance with 
Sec.  73.603(c) of this chapter, Channel 37 will not be assigned to 
such stations.
* * * * *

0
5. Section 74.703 is amended by:
0
a. Revising paragraphs (a) and (b) and the first sentence of paragraph 
(c); and
0
b. Removing and reserving paragraph (i).
    The revisions read as follows:


Sec.  74.703  Interference.

    (a) An application for a new low power TV or TV translator station 
or for a change in the facilities of such an authorized station will 
not be granted when it is apparent that interference will be caused. 
Except where there is a written agreement between the affected parties 
to accept interference, or where it can be shown that interference will 
not occur due to terrain shielding and/or Longley-Rice terrain 
dependent propagation methods, the licensee of a new low power TV or TV 
translator station shall protect existing low power TV and TV 
translator stations from interference within the protected contour 
defined in Sec.  74.792 and shall protect existing Class A TV stations 
within the protected contours defined in Sec.  73.6010 of this chapter. 
Such written agreement shall accompany the application. Copies of OET 
Bulletin No. 69 may be inspected during normal business hours at the 
Federal Communications Commission's Reference Information Center, 
located at the address of the FCC's main office indicated in 47 CFR 
0.401(a). This document is also available through the internet on the 
FCC Home Page at https://www.fcc.gov/oet/info/documents/bulletins/#69.
    (b) It shall be the responsibility of the licensee of a low power 
TV or TV translator station to correct at its expense any condition of 
interference to the direct reception of the signal of any full-power TV 
broadcast station operating on the same channel as that used by the low 
power TV or TV translator station or an adjacent channel

[[Page 58203]]

which occurs as a result of the operation of the low power TV or TV 
translator station. Interference will be considered to occur whenever 
reception of a regularly used signal is impaired by the signals 
radiated by the low power TV or TV translator station, regardless of 
the quality of the reception or the strength of the signal so used. If 
the interference cannot be promptly eliminated by the application of 
suitable techniques, operation of the offending low power TV or TV 
translator station shall be suspended and shall not be resumed until 
the interference has been eliminated. If the complainant refuses to 
permit the low power TV or TV translator station to apply remedial 
techniques that demonstrably will eliminate the interference without 
impairment of the original reception, the licensee of the low power TV 
or TV translator station is absolved of further responsibility.
    (c) It shall be the responsibility of the licensee of a low power 
TV or TV translator station to correct any condition of interference 
which results from the radiation of radio frequency energy outside its 
assigned channel. * * *
* * * * *


Sec.  74.706   [Removed and Reserved]

0
6. Remove and reserve Sec.  74.706.


Sec.  74.707   [Removed and Reserved]

0
7. Remove and reserve Sec.  74.707.

0
8. Section 74.709 is amended by adding a note at the end of the section 
to read as follows:


Sec.  74.709   Land mobile station protection.

* * * * *

    Note 1 to Sec.  74.709. The Chief, Public Safety and Homeland 
Security Bureau waived the rules of this section to allow channel 15 
to be used for land mobile operation in Los Angeles County, CA (DA 
08-2823; adopted December 30, 2008). Notwithstanding the channels 
listed in paragraph (a) or (b)(2) of this section, the waiver 
requires LPTV and translator stations to protect this land mobile 
operation.

Sec.  74.731   [Removed and Reserved]

0
9. Remove and reserve Sec.  74.731.


Sec.  74.732   [Amended]

0
10. Section 74.732 is amended by removing and reserving paragraphs (g) 
and (h).


Sec.  74.733  [Removed and Reserved]

0
11. Remove and reserve Sec.  74.733.

0
12. Section 74.734 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  74.734  Attended and unattended operation.

    (a) Low power TV and TV translator stations may be operated without 
a designated person in attendance if the following requirements are 
met:
* * * * *

0
13. Section 74.735 is amended by revising paragraphs (b) introductory 
text and (b)(2) and the first sentence of paragraph (c) introductory 
text to read as follows:


Sec.  74.735  Power limitations.

* * * * *
    (b) The maximum ERP of a low power TV or TV translator station 
(average power) shall not exceed:
* * * * *
    (2) 15 kW for UHF channels 14-36.
    (c) The limits in paragraph (b) of this section apply separately to 
the effective radiated powers that may be obtained by the use of 
horizontally or vertically polarized transmitting antennas. * * *
* * * * *


Sec.  74.736  [Removed and Reserved]

0
14. Remove and reserve Sec.  74.736.

0
15. Section 74.751 is amended by revising paragraphs (b) introductory 
text and (b)(1) to read as follows:


Sec.  74.751  Modification of transmission systems.

* * * * *
    (b) Formal application (FCC Form 2100, Schedule C) is required for 
any of the following changes:
    (1) Replacement of the transmitter as a whole, except replacement 
with a transmitter of identical power rating which has been 
certificated by the FCC for use by low power TV and TV translator 
stations, or any change which could result in a change in the 
electrical characteristics or performance of the station.
* * * * *


Sec.  74.761  [Removed and Reserved]

0
16. Remove and reserve Sec.  74.761.

0
17. Section 74.763 is amended by revising paragraph (a) and the first 
sentence of paragraph (c) to read as follows:


Sec.  74.763  Time of operation.

    (a) A low power TV or TV translator station is not required to 
adhere to any regular schedule of operation. However, the licensee of a 
TV translator station is expected to provide service to the extent that 
such is within its control and to avoid unwarranted interruptions in 
the service provided.
* * * * *
    (c) Failure of a low power TV or TV translator station to operate 
for a period of 30 days or more, except for causes beyond the control 
of the licensee, shall be deemed evidence of discontinuation of 
operation and the license of the station may be cancelled at the 
discretion of the FCC. * * *
* * * * *

0
18. Revise Sec.  74.780 to read as follows:


Sec.  74.780  Broadcast regulations applicable to translators and low 
power stations.

    The following rules are applicable to TV translator and low power 
TV stations:
    (a) 47 CFR part 5--Experimental authorizations.
    (b) 47 CFR 73.658--Affiliation agreements and network program 
practices; territorial exclusivity in non-network program arrangements.
    (c) 47 CFR part 11--Emergency Alert System (for low power TV 
stations locally originating programming as defined by Sec.  
74.701(h)).
    (d) 47 CFR 73.1030--Notifications concerning interference to radio 
astronomy, research, and receiving installations.
    (e) 47 CFR 73.1206--Broadcast of telephone conversations.
    (f) 47 CFR 73.1207--Rebroadcasts.
    (g) 47 CFR 73.1208--Broadcast of taped, filmed, or recorded 
material.
    (h) 47 CFR 73.1211--Broadcast of lottery information.
    (i) 47 CFR 73.1212--Sponsorship identifications; list retention; 
related requirements.
    (j) 47 CFR 73.1216--Licensee-conducted contests.
    (k) 47 CFR 73.1515--Special field test authorizations.
    (l) 47 CFR 73.1615--Operation during modification of facilities.
    (m) 47 CFR 73.1635--Special temporary authorizations (STA).
    (n) 47 CFR 73.1650--International agreements.
    (o) 47 CFR 73.1680--Emergency antennas.
    (p) 47 CFR 73.1692--Reserved.
    (q) 47 CFR 73.1940--Legally qualified candidates for public office.
    (r) 47 CFR 73.2080--Equal employment opportunities (for low power 
TV stations only).
    (s) 47 CFR 73.3500--Application and report forms.
    (t) 47 CFR 73.3511--Applications required.
    (u) 47 CFR 73.3512--Where to file; number of copies.
    (v) 47 CFR 73.3513--Signing of applications.
    (w) 47 CFR 73.3514--Content of applications.
    (x) 47 CFR 73.3516--Specification of facilities.

[[Page 58204]]

    (y) 47 CFR 73.3517--Contingent applications.
    (z) 47 CFR 73.3518--Inconsistent or conflicting applications.
    (aa) 47 CFR 73.3519--Repetitious applications.
    (bb) 47 CFR 73.3521--Mutually exclusive applications for low power 
TV and TV translator stations.
    (cc) 47 CFR 73.3522--Amendment of applications.
    (dd) 47 CFR 73.3525--Agreements for removing application conflicts.
    (ee) 47 CFR 73.3533--Application for construction permit or 
modification of construction permit.
    (ff) 47 CFR 73.3536--Application for license to cover construction 
permit.
    (gg) 47 CFR 73.3538(a)(1), (3), and (4) and (b)--Application to 
make changes in an existing station.
    (hh) 47 CFR 73.3539--Application for renewal of license.
    (ii) 47 CFR 73.3540--Application for voluntary assignment or 
transfer of control.
    (jj) 47 CFR 73.3541--Application for involuntary assignment of 
license or transfer of control.
    (kk) 47 CFR 73.3542--Application for emergency authorization.
    (ll) 47 CFR 73.3544--Application to obtain a modified station 
license.
    (mm) 47 CFR 73.3545--Application for permit to deliver programs to 
foreign stations.
    (nn) 47 CFR 73.3550--Requests for new or modified call sign 
assignments.
    (oo) 47 CFR 73.3561--Staff consideration of applications requiring 
Commission action.
    (pp) 47 CFR 73.3562--Staff consideration of applications not 
requiring action by the Commission.
    (qq) 47 CFR 73.3564--Acceptance of applications.
    (rr) 47 CFR 73.3566--Defective applications.
    (ss) 47 CFR 73.3568--Dismissal of applications.
    (tt) 47 CFR 73.3572--Processing of TV broadcast, low power TV, and 
TV translator station applications.
    (uu) 47 CFR 73.3580--Local public notice of filing of broadcast 
applications.
    (vv) 47 CFR 73.3584--Petitions to deny.
    (ww) 47 CFR 73.3587--Informal objections.
    (xx) 47 CFR 73.3591--Grants without hearing.
    (yy) 47 CFR 73.3593--Designation for hearing.
    (zz) 47 CFR 73.3594--Local public notice of designation for 
hearing.
    (aaa) 47 CFR 73.3597--Procedures on transfer and assignment 
applications.
    (bbb) 47 CFR 73.3598--Period of construction.
    (ccc) 47 CFR 73.3601--Simultaneous modification and renewal of 
license.
    (ddd) 47 CFR 73.3603--Special waiver procedure relative to 
applications.
    (eee) 47 CFR 73.3612--Annual employment report (for low power TV 
stations only).
    (fff) 47 CFR 73.3613--Availability to FCC of station contracts 
(network affiliation contracts for low power TV stations only).

0
19. Section 74.781 is amended by revising paragraph (a) and the first 
sentence of paragraph (c) to read as follows:


Sec.  74.781  Station records.

    (a) The licensee of a low power TV or TV translator station shall 
maintain adequate station records, including the current instrument of 
authorization, official correspondence with the FCC, contracts, 
permission for rebroadcasts, and other pertinent documents.
* * * * *
    (c) The station records shall be maintained for inspection at a 
residence, office, or public building, place of business, or other 
suitable place, in one of the communities of license of the translator, 
except that the station records of a translator licensed to the 
licensee of the primary station may be kept at the same place where the 
primary station records are kept. * * *
* * * * *


Sec.  74.784  [Amended]

0
20. Section 74.784 is amended by removing and reserving paragraph (d) 
and removing the parenthetical authority citation at the end of the 
section.

0
21. Section 74.787 is amended by:
0
a. Revising the section heading and paragraph (a) heading;
0
b. Removing and reserving paragraphs (a)(1) and (2);
0
c. Revising the fourth sentence of paragraph (a)(3) and paragraphs 
(a)(4) and (a)(5)(i);
0
d. Removing and reserving paragraph (a)(5)(ii);
0
e. Revising paragraph (a)(5)(iii);
0
f. Removing and reserving paragraph (a)(5)(iv);
0
g. Removing the first sentence of paragraph (a)(5)(v); and
0
h. Revising paragraphs (a)(5)(vii) and (viii), (b) heading, and (b)(1) 
introductory text.
    The revisions read as follows:


Sec.  74.787  Licensing.

    (a) Applications for low power television and television translator 
stations. * * *
    (3) * * * Such applications shall be accepted on a first-come, 
first-served basis, and shall be filed on FCC Form 2100, Schedule C. * 
* *
    (4) Displacement applications. A low power television, television 
translator, or DRT or DTDRT station which is causing or receiving 
interference or is predicted to cause or receive interference to or 
from an authorized TV broadcast station or allotment or other protected 
station or service, may at any time file a displacement relief 
application for change in channel, together with technical 
modifications that are necessary to avoid interference or continue 
serving the station's protected service area, provided the proposed 
transmitter site is not located more than 30 miles from the reference 
coordinates of the existing station's community of license. See Sec.  
76.53 of this chapter. A displacement relief application shall be filed 
on FCC Form 2100, Schedule C, and will be considered a minor change and 
will be placed on public notice for a period of not less than 30 days 
to permit the filing of petitions to deny. These applications will not 
be subject to the filing of competing applications. Where a 
displacement relief application for a low power television or 
television translator station becomes mutually exclusive with the 
application(s) for new low power television or television translator 
stations, or with other non-displacement relief applications for 
facilities modifications of low power television or television 
translator stations, priority will be afforded to the displacement 
application for the low power television or television translator 
station to the exclusion of other applications. Mutually exclusive 
displacement relief applications for low power television and 
television translator stations shall be resolved via the Commission's 
rules in part 1 of this chapter and broadcast competitive bidding rules 
in Sec. Sec.  1.2100 through 1.2209 and 73.5000 through 73.5009 of this 
chapter. Such applicants shall be afforded an opportunity to submit 
settlements and engineering solutions to resolve mutual exclusivity 
pursuant to Sec.  73.5002(d) of this chapter.
    (5) * * *
    (i) Applications for new DRTs and DTDRTs are no longer accepted.
* * * * *
    (iii) Displacement applications for DRTs and DTDRTs shall be given 
processing priority over all other low power television and TV 
translator new, minor change, or displacement applications except 
displacement applications for other DRTs and

[[Page 58205]]

DTDRTs with which they shall have co-equal priority.
* * * * *
    (vii) Analog-to-digital and digital-to-digital replacement 
television translators may operate only on those television channels 
designated for broadcast television in Sec.  74.702.
    (viii) The following sections are applicable to analog-to-digital 
and digital-to-digital replacement television translator stations:
    (A) Section 74.703--Interference.
    (B) Section 74.709--Land mobile station protection.
    (C) Section 74.734--Attended and unattended operation.
    (D) Section 74.735--Power limitations.
    (E) Section 74.751--Modification of transmission systems.
    (F) Section 74.763--Time of operation.
    (G) Section 74.769--Familiarity with FCC rules.
    (H) Section 74.780--Broadcast regulations applicable to translators 
and low power stations.
    (I) Section 74.781--Station records.
    (J) Section 74.784--Rebroadcasts.
    (b) Definitions of ``major'' and ``minor'' changes to low power 
television and television translator stations. (1) Applications for 
major changes in low power television and television translator 
stations include:
* * * * *


Sec.  74.788  [Removed and Reserved]

0
22. Remove and reserve Sec.  74.788.

0
23. Revise Sec.  74.789 to read as follows:


Sec.  74.789  Broadcast regulations applicable to low power television 
and television translator stations.

    The following sections are applicable to low power television and 
television translator stations:
    (a) Section 74.600--Eligibility for license.
    (b) Section 74.703--Interference.
    (c) Section 74.709--Land mobile station protection.
    (d) Section 74.732--Eligibility and licensing requirements.
    (e) Section 74.734--Attended and unattended operation.
    (f) Section 74.735--Power limitations.
    (g) Section 74.751--Modification of transmission systems.
    (h) Section 74.763--Time of operation.
    (i) Section 74.769--Familiarity with FCC rules.
    (j) Section 74.780--Broadcast regulations applicable to translators 
and low power stations.
    (k) Section 74.781--Station records.
    (l) Section 74.784--Rebroadcasts.

0
24. Section 74.790 is amended by revising the section heading and 
paragraphs (a), (b) introductory text, (b)(1) introductory text, 
(b)(1)(ii), (b)(2), (c) through (f), (g) introductory text, (g)(1), 
(3), and (4), and (h) through (k) and adding paragraphs (l) and (m) to 
read as follows:


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

    (a) TV translator stations provide a means whereby the signals of 
broadcast stations may be retransmitted to areas in which direct 
reception of such stations is unsatisfactory due to distance or 
intervening terrain barriers.
    (b) Except as provided in paragraph (f) of this section, a TV 
translator station may be used only to receive the signals of a TV 
broadcast station, another TV translator station, a TV translator relay 
station, a television intercity relay station, a television STL 
station, or other suitable sources such as a CARS or common carrier 
microwave station, for the simultaneous retransmission of the programs 
and signals of a TV broadcast station. Such retransmissions may be 
accomplished by any of the following means:
    (1) Reception of TV broadcast station programs and signals directly 
through space and conversion to a different channel by one of the 
following transmission modes:
* * * * *
    (ii) Digital signal regeneration (i.e., signal demodulation, 
decoding, error processing, encoding, remodulation, and frequency 
upconversion) and suitable amplification; or,
    (2) Demodulation, remodulation, and amplification of TV broadcast 
station programs and signals received through a microwave transport.
    (c) The transmissions of each TV translator station shall be 
intended for direct reception by the general public, and any other use 
shall be incidental thereto. A TV translator station shall not be 
operated solely for the purpose of relaying signals to one or more 
fixed receiving points for retransmission, distribution, or further 
relaying.
    (d) Except as provided in paragraphs (e) and (f) of this section, 
the technical characteristics of the retransmitted signals shall not be 
deliberately altered so as to hinder reception on consumer TV broadcast 
receiving equipment.
    (e) A TV translator station shall not retransmit the programs and 
signals of any TV broadcast station(s) without the prior written 
consent of such station(s). A TV translator may multiplex on its output 
channel the video program services of two or more TV broadcast 
stations, pursuant to arrangements with all affected stations, and for 
this limited purpose, is permitted to alter a TV broadcast signal.
    (f) A TV translator station may transmit locally originated visual 
and/or aural messages limited to emergency warnings of imminent danger, 
to local public service announcements (PSAs) and to seeking or 
acknowledging financial support deemed necessary to the continued 
operation of the station. Acknowledgments of financial support may 
include identification of the contributors, the size and nature of the 
contribution and the advertising messages of the contributors. The 
originations concerning financial support and PSAs are limited to 30 
seconds each, no more than once per hour. Emergency transmissions shall 
be no longer or more frequent than necessary to protect life and 
property. Such originations may be accomplished by any technical means 
agreed upon between the TV translator and TV station whose signal is 
being retransmitted, but must be capable of being received on consumer 
TV broadcast reception equipment.
    (g) An LPTV station may operate under the following modes of 
service:
    (1) For the retransmission of programming of a TV broadcast 
station, subject to the prior written consent of the station whose 
signal is being retransmitted.
* * * * *
    (3) Whenever operating, an LPTV station must transmit at least one 
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.
    (4) An LPTV station may dynamically alter the bit stream of its 
signal to transmit one or more video program services in any 
established DTV video format.
    (h) An LPTV station is not subject to minimum required hours of 
operation and may operate in either of the two modes described in 
paragraph (g) of this section for any number of hours.
    (i) Upon transmitting a signal that meets the requirements of 
paragraph (g)(3) of this section, an LPTV station may offer services of 
any nature, consistent with the public interest, convenience, and 
necessity, on an ancillary or supplementary basis in accordance with 
the provisions of Sec.  73.624(c) and (g) of this chapter.
    (j) An LPTV station may not be operated solely for the purpose of

[[Page 58206]]

relaying signals to one or more fixed receiving points for 
retransmission, distribution or relaying.
    (k) An LPTV station may receive input signals for transmission or 
retransmission by any technical means, including those specified in 
paragraph (b) of this section.
    (l) As necessary, a TV translator shall modify, to avoid TV 
reception tuning conflicts with other stations, the Program System and 
Information Protocol (PSIP) information in the TV broadcast signal 
being retransmitted.
    (m) Low power television and TV translator stations may no longer 
operate any facility in analog (NTSC) mode.

0
25. Revise Sec.  74.791 to read as follows:


Sec.  74.791  Call signs.

    (a) Low power stations. Call signs for low power stations will be 
made up of a prefix consisting of the initial letter K or W followed by 
the channel number assigned to the station and two additional letters 
and a suffix consisting of the letters -D.
    (b) Television translator stations. Call signs for digital 
television translator stations will be made up of a prefix consisting 
of the initial letter K or W followed by the channel number assigned to 
the station and two additional letters and a suffix consisting of the 
letter -D.
    (c) Low power television stations and Class A television stations. 
Low power television and Class A television stations may be assigned a 
call sign with a four-letter prefix pursuant to Sec.  73.3550 of this 
chapter. Low power stations with four-letter prefixes will be assigned 
the suffix -LD and digital Class A stations with four-letter prefixes 
will be assigned the suffix -CD.

0
26. Section 74.792 is amended by revising the section heading and 
paragraphs (a) introductory text and (a)(3) to read as follows:


Sec.  74.792  Low power TV and TV translator station protected contour.

    (a) A low power TV or TV translator will be protected from 
interference from other low power TV, TV translator, or Class A TV 
stations within the following predicted contours:
* * * * *
    (3) 51 dBu for stations on Channels 14 through 36.
* * * * *

0
27. Section 74.793 is amended by:
0
a. Revising the section heading and paragraphs (a), (b), and (c);
0
b. Removing and reserving paragraph (f); and
0
c. Revising paragraph (h).
    The revisions read as follows:


Sec.  74.793  Low power TV and TV translator station protection of 
broadcast stations.

    (a) 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 meet the interference protection requirements 
in this section.
    (b) Except as provided in this section, interference prediction 
analysis is based on the interference thresholds (D/U signal strength 
ratios) and other criteria and methods specified in Sec.  73.623(c)(2) 
through (4) of this chapter. Predictions of interference to co-channel 
TV broadcast, Class A TV, LPTV, and TV translator stations will be 
based on the interference thresholds specified therein for ``DTV-into-
DTV.''
    (c) The following D/U signal strength ratio (dB) shall apply to the 
protection of stations on the first adjacent channel. The D/U ratios 
correspond to the LPTV or TV translator station's specified out-of-
channel emission mask.

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                             Stringent
       Simple mask             mask             Full service mask
------------------------------------------------------------------------
-7.......................          -12   Lower (-28)/Upper (-26).
------------------------------------------------------------------------

* * * * *
    (h) Protection to the authorized facilities of low power TV and TV 
translator stations shall be based on not causing predicted 
interference to the population within the service area defined and 
described in Sec.  74.792, except that a digital low power TV or TV 
translator station must not cause a loss of service to 2.0 percent or 
more of the population predicted to receive service from the authorized 
low power TV or TV translator station.

0
28. Section 74.794 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  74.794  Digital emissions.

    (a)(1) An applicant for a LPTV or TV translator station 
construction permit shall specify that the station will be constructed 
to confine out-of-channel emissions within one of the following 
emission masks: Simple, stringent, or full service.
* * * * *

0
29. Section 74.795 is amended by revising the section heading, 
paragraph (a), and paragraph (b) introductory text to read as follows:


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

    (a) A low power TV or TV translator station shall operate with a 
transmitter that is either certificated for licensing based on the 
following provisions or has been modified for digital operation 
pursuant to Sec.  74.796.
    (b) The following requirements must be met before low power TV and 
TV translator transmitter will be certificated by the FCC:
* * * * *

0
30. Section 74.796 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  74.796  Modification of transmission systems.

    (a) The provisions of Sec.  74.751 shall apply to the modification 
of low power TV and TV translator transmission systems.
* * * * *

0
31. Section 74.797 is amended by revising the first and second 
sentences to read as follows:


Sec.  74.797  Biennial Ownership Reports.

    The Ownership Report for Commercial Broadcast Stations (FCC Form 
2100, Schedule 323) must be electronically filed by December 1 in all 
odd-numbered years by each licensee of a low power television station 
or other Respondent (as defined in Sec.  73.3615(a) of this chapter). A 
licensee or other Respondent with a current and unamended biennial 
ownership report (i.e., a report that was filed pursuant to this 
section) on file with the Commission that is still accurate and which 
was filed using the version of the report that is current on October 1 
of the year in which its biennial ownership report is due may 
electronically validate and resubmit its previously filed biennial 
ownership report. * * *


Sec.  74.798  [Removed and Reserved]

0
32. Remove and reserve Sec.  74.798.

[FR Doc. 2022-20294 Filed 9-22-22; 8:45 am]
BILLING CODE 6712-01-P