[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Proposed Rules]
[Pages 8636-8690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24751]



[[Page 8635]]

Vol. 88

Thursday,

No. 27

February 9, 2023

Part IV





Federal Communications Commission





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47 CFR Parts 0, 27, 73, et al.





Establishing Rules for Full Power Television and Class A Television 
Stations; Proposed Rule

  Federal Register / Vol. 88 , No. 27 / Thursday, February 9, 2023 / 
Proposed Rules  

[[Page 8636]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 27, 73, and 74

[MB Docket No. 22-227, FCC 22-73; FR ID 109687]


Establishing Rules for Full Power Television and Class A 
Television Stations

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) seeks comment on comprehensively deleting, 
updating, or otherwise revising Commission rules for full power 
television and Class A television stations that no longer have any 
practical effect given the completion of the transition from analog to 
digital-only operations and the post incentive auction transition to a 
smaller television band with fewer channels. This NPRM also seeks 
comment on a restructuring of the Commission's full power television 
rules, which largely consist of the technical licensing, operating, and 
interference rules for full power television.

DATES: 
    Comment date: April 10, 2023.
    Reply comment date: April 25, 2023.

ADDRESSES: You may submit comments, identified by MB Docket No. 22-227, 
FCC 22-73, 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 
[email protected], Emily Harrison, Media Bureau, at 
[email protected], or Mark Colombo, Media Bureau, at 
[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

Incorporation by Reference

    The Commission's proposals are limited to the incorporation by 
reference of standards that are associated with full power and Class A 
television services. Incorporation by reference is the process that 
Federal agencies use when referring to materials published elsewhere to 
give those materials the same force and effect of law in the Code of 
Federal Regulations as if the materials' text had actually been 
published in the Federal Register. 5 U.S.C. 552(a)(1) and Office of the 
Federal Register, IBR Handbook 1 (July 2018), available at https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf. By 
using incorporation by reference, the Commission gives effect to 
technical instructions, testing methodologies, and other process 
documents that are developed and owned by standards development 
organizations. Referencing these documents in the Commission's rules 
substantially reduces the volume of material that would otherwise be 
published in the Federal Register and the Code of Federal Regulations. 
It also permits the Commission to more efficiently implement future 
standards updates. Once the Commission completes any necessary notice-
and-comment rulemaking proceedings and applies agency expertise to 
ensure that any standards adopted are sound and appropriate, the 
Commission need only update the references to the standards in its 
rules.
    The following standards have previously been approved for IBR as 
specified in 47 CFR 73.8000: (i) ATSC A/52; (ii) ATSC A/53; Parts 1-4 
and 6: 2007; (iii) ATSC A/53 Part 5: 2010; (iv) ATSC A/65C; (v) ATSC A/
85:2013; (vi) ATSC A/321:2016; (vii) ATSC A/322:2017; and (viii) OET 
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage 
and Interference'' (February 6, 2004); IBR approved for 47 CFR 73.616.

Background

    The Commission proposes to adopt revisions to rules in part 0, part 
27, subparts E, H, I, J, and L of part 73, and certain parts of parts 
74 and 90 in light of the fact that all television services have ceased 
analog operations. Given the conversion from analog to digital 
television technology, we propose to eliminate entire rules and 
portions of rules that provide for analog-to-analog

[[Page 8637]]

and analog-to-digital interference protection requirements and other 
analog operating requirements. We similarly propose to amend section 
headings and language in rules to remove references to DTV, digital, 
and analog television service, as these distinctions are no longer 
necessary. We also propose to delete outdated rules that are no longer 
valid given changes in Commission-adopted policy, such as the 
elimination of the comparative hearing process to award and renew 
broadcast licenses. We also propose to adopt other non-substantive, 
technical revisions as set forth in Appendix A and further described 
below, for example, to update previously-adopted station license 
periods and to delete obsolete rules governing the post-incentive 
auction transition period. We also propose to update our rules to 
reference the current designation for form numbers (e.g., FCC Form 
2100) and by requiring electronic filing in the Commission's Licensing 
and Management System (LMS). We also propose to make corrections or 
updates, inter alia, to section headings, spelling, contact 
information, and rule cross-references, or to language inadvertently 
omitted from a rule.

Deletion of Obsolete Rules and Language Recognizing the Full Power and 
Class A Digital Transition

    Full power television stations were required to terminate all 
analog operations no later than June 12, 2009 and Class A stations 
September 1, 2015. Accordingly, we propose to eliminate entire rules, 
and portions of rules, that provide for analog-to-analog and analog-to-
digital interference protection requirements and other analog operating 
requirements from subpart E (Television Broadcast Stations), subpart H 
(Rules Applicable to All Broadcast Stations), subpart I (Procedures for 
Competitive Bidding and for Applications for Noncommercial Educational 
Broadcast Stations on Non-Reserved Channels), and subpart J (Class A 
Televisions Broadcast Stations). The rules we propose to amend are 
related to analog operations (i.e., rules that reference ``NTSC,'' 
``analog'' (see 47 CFR 73.622(d)(1) (Digital television table of 
allotments) (removing text of this rule that refers to analog 
stations); 73.623(d) (removing analog technical references and 
reformatting remaining digital technical references into (d)(2)(i)-(iv) 
and (h) (DTV applications and changes to DTV allotments); 73.624(b) and 
(c)(3) (Digital television broadcast stations) (removing text of this 
rule that refers to analog stations); 73.683(d) (Field strength 
contours and presumptive determination of field strength at individual 
locations) (removing text of this rule that refers to analog stations); 
and 73.686(d) (Field strength measurements) (removing text of this rule 
that refers to analog stations). In addition, regarding Sec.  
73.5000(a) (Services subject to competitive bidding), we propose to 
delete the word ``analog'' where it is appears in the rule because 
there is no need to differentiate between analog and digital television 
services.), Grade A, Grade B, city grade contours, or F(50,50) curves 
(see 47 CFR 73.683(a)-(b) (Field strength contours and presumptive 
determination of field strength at individual locations); 
73.1675(a)(1)(iii) (Auxiliary antennas) (delete analog contour and 
replace with digital noise limited contour); 73.5007(b)(2)(iii) and 
(b)(3)(iv) (Designated entity provisions); 73.6000 (Definitions); and 
73.6010(b) (Class A TV station protected contour). The one exception is 
47 CFR 73.626(f)(2)(i) (DTV distributed transmission systems), which 
states that the F(50,50) service contour of a DTS transmitter shall not 
extend beyond that of its reference facility, which will be retained. 
We separately propose to add text in 47 CFR 73.683(a) (Field strength 
contours and presumptive determination of field strength at individual 
locations) to provide guidance for those reviewing the cross-reference 
to this section found in 47 CFR 90.307(b) (Protection criteria)), with 
the corresponding digital contours defined in Sec. Sec.  73.625(a), 
73.622(e), 73.6010, and/or 74.792. As part of our reorganization of 
subpart E, we note that we propose to relocate 47 CFR 73.625(a) 
(Transmitter location) and 73.622(e) (DTV Service Areas) to new 47 CFR 
73.618 and 73.619(c), respectively. We are not proposing to move Sec.  
73.6010 or Sec.  74.792 as part of the reorganization. We note that 
NTSC is an abbreviation for the National Television Standards 
Committee, an association of engineers and scientists interested in the 
development of television in the analog era, many of which were 
employees of companies engaged in the manufacturing of television 
equipment, that developed the black and white and subsequently color 
television systems used in the United States. See generally Amendment 
of the Commission's Rules Governing Color Television Transmissions, 
Docket No. 10637, Report and Order, 41 F.C.C. 658 (1953). We also 
propose to amend rules that reference peak power, visual or aural 
carriers, or carrier frequencies because these are technical 
engineering terms related to analog television and the rules are 
related to analog television operations (see 47 CFR 73.653 (Operation 
of TV aural and visual transmitters); 73.664(a)-(c) (Determining 
operating power); 73.665 (Use of TV aural baseband subcarriers); 73.667 
(TV subsidiary communications services); 73.669 (TV stereophonic aural 
and multiplex subcarrier operation); 73.681 (Definitions) (we propose 
to delete the following definitions relating to analog operations: 
``Aural center frequency;'' ``Aural transmitter;'' ``Baseband;'' 
``Frequency departure;'' ``Frequency deviation;'' ``Frequency swing;'' 
``Main channel;'' ``Multiplex Transmission (Aural);'' ``Peak power;'' 
``Visual transmitter power''); 73.682(c) (TV transmission standards); 
73.687(a), (b), (c) introductory text, (c)(1), and (e)(2) (Transmission 
system requirements); 73.688(a) (Indicating instruments); 73.691 
(Visual modulation monitoring); 73.699 (TV engineering charts) Figure12 
(Figure 12 is referenced only by 73.687(b), which we propose to 
delete); 73.1350(f)(3) (Transmission system operation); 73.1540(a) 
(Carrier frequency measurements); 73.1545(c), (e), and Note to (e) 
(Carrier frequency departure tolerances); 73.1560 (c)(1)-(2) (Operating 
power and mode tolerances); 73.1570 (updating section heading) and 
(b)(3) (Modulation levels: AM, FM, TV and Class A TV aural); 
73.1635(a)(5) (Special temporary authorizations (STA)); and 73.6024(c) 
(Transmission standards and system requirements). We note that 47 CFR 
73.653 was raised in the ``FM6'' proceeding (In the Matter of 
Amendments of Parts 73 and 74 of the Commission's Rules for Digital Low 
Power Television and Television Translator Stations, MB Docket No. 03-
185, Fifth Notice of Proposed Rulemaking (rel. June 7, 2022), 87 FR 
36440 (rel. June 17, 2022), and should dependence on this rule be 
required in that proceeding, we would intend to add a separate rule 
specific to FM6 stations rather than retain this generally-applicable 
but clearly outdated rule)) and digital TV signals do not have specific 
visual or aural carriers. See generally 47 CFR 73.682(d) (Digital 
broadcast television transmission standard); see also 47 CFR 73.8000 
(Incorporation by reference) (each of the several standards listed in 
the rule relate to DTV). We similarly propose to amend rules and 
figures which reference the vertical blanking interval, stereophonic 
sound transmission, modulation, subcarriers of any kind, components of 
the picture such as chrominance or color, or the sound or picture 
itself beyond the lines of resolution. These references are technical 
engineering terms related to analog television

[[Page 8638]]

operations since they are related to the picture derived from an analog 
visual carrier or the sound derived from an analog aural carrier. See 
47 CFR 73.621(g) (Noncommercial educational TV stations--referencing 
Telecommunications Service on the Vertical Blanking Interval and in the 
Visual Signal); 73.646 (Telecommunications Service on the Vertical 
Blanking Interval and in the Visual Signal); 73.681 (Definitions) 
(proposing to delete definitions and the Note for ``Amplitude 
modulation (AM);'' ``BTSC;'' ``Blanking level;'' ``Chrominance;'' 
``Chrominance subcarrier;'' ``Color transmission;'' ``Field;'' 
``Frame;'' ``Frequency modulation (FM);'' ``IRE standard scale;'' 
``Luminance;'' ``Monochrome transmission;'' ``Multichannel Television 
Sound (MTS);'' ``Negative transmission;'' ``Percentage modulation;'' 
``Pilot subcarrier;'' ``Program related data signal;'' ``Reference 
black level;'' ``Reference white level of the luminance signal;'' 
``Scanning;'' ``Scanning line;'' ``Visual carrier frequency;'' ``Visual 
transmitter''); 73.699 (TV engineering charts) (Figures 5, 5(a), 6, 7, 
8, 13, 14, 15, 16, and 17); 73.1207(b)(2) (Rebroadcasts--referencing 
multiplex subcarrier or telecommunications service on the vertical 
blanking interval); and 73.1590(a)(5) (``TV stereophonic or subcarrier 
transmission equipment''), (c)(1), and (c)(3) (Equipment performance 
measurements). Section 73.699, Figure 11 (Assumed Ideal Detector 
Output) is no longer referenced anywhere else in the rules, and appears 
to have been inadvertently overlooked during a 1984 rule modification 
which deleted the sole reference to it from Sec.  73.687(a) (see 49 FR 
48305, 48312 (Dec. 12, 1984)), and we thus propose to delete it. While 
47 CFR 73.621(h) (Noncommercial educational TV stations), which refers 
to the transmission of non-program related data service on ``Line 21,'' 
does not specifically use the term ``visual blanking interval,'' ``Line 
21'' refers to part of the vertical blanking interval, and thus we 
propose to delete it. To the extent such analog rules are superseded by 
related requirements for digital operations, the digital rules are 
found in the digital broadcast television standard documents 
incorporated by reference in Sec.  73.682(d). In addition, a number of 
rules we propose to amend have a digital equivalent elsewhere in the 
rules. See Sec.  73.613 (Protection of Class A TV stations) relates to 
analog because Class A protections for digital stations are in Sec.  
73.616(e), which we are proposing to move to Sec.  73.620(d). Sections 
73.682(a)(2)-(13) and (15)-(24) (TV transmission standards) are 
replaced by Sec.  73.682(d). Section 73.684 (Prediction of coverage) is 
in Sec.  73.625 (DTV coverage of principal community and antenna 
system), some of which we are proposing to move into other rule parts 
in the proposed reorganization of our rules; reference in Sec.  73.681 
updated accordingly. The digital equivalent of Sec.  73.685(a)-(c) 
(Transmitter location and antenna system) is found in Sec.  
73.625(a)(1)-(3). The digital equivalent of Sec.  73.685(f) 
(Transmitter location and antenna system) is contained in 73.625(c)(3), 
which applies also to Sec. Sec.  73.1690(b)(3) and (c)(3) (Modification 
of transmission systems). The digital equivalent of Sec.  73.687(e)(1) 
(Transmission system requirements) is replaced by Sec.  73.622(h), 
which we are proposing to move to Sec.  73.611. The digital equivalent 
of Sec.  73.698 (Tables) is replaced by Sec.  73.623(d)(2), which we 
are proposing to move to Sec.  73.622(k). Section 73.3550(b) (Requests 
for new or modified call sign assignments) has a reference to Sec.  
74.783(d), but Sec.  74.791(a) is the equivalent digital rule. 
Accordingly, we are proposing to replace the reference to 74.783(d) 
with 74.791(a). The digital equivalent of Sec.  73.3572(a)(4) 
(Processing of TV broadcast, Class A TV broadcast, low power TV, TV 
translators, and TV booster applications) is replaced by Sec.  
74.787(a)(4). The digital equivalent of Sec.  73.6012 (Protection of 
Class A TV, low power TV and TV translator stations) is found in 
Sec. Sec.  73.6017 and 73.6019. The digital equivalent of Sec.  73.6013 
(Protection of DTV stations) is found in Sec.  73.6018 (Digital Class A 
TV station protection of DTV stations). The digital equivalent of Sec.  
73.6014 (Protection of digital Class A TV stations) is found in Sec.  
73.6017. For all of these cases, we propose to either modify the analog 
reference to specify a digital equivalent, or delete the analog-related 
rule entirely. We seek comment on these proposals.
    We also propose to amend rule section headings and rules in subpart 
E, subpart H, and subpart J, to remove references to DTV and digital 
television service since all television services have transitioned from 
analog to digital operations and thus, there is no further need to 
differentiate between two separate kinds of service. For subpart E, see 
47 CFR 73.616(a)-(e) and (g) (Post-transition DTV station interference 
protection); 73.621(j) (Noncommercial educational TV stations); 
73.622(a) introductory text and (a)(2) (also delete reference to out-
of-core-channels), (c)(1), (e)(1), (f)(6), (f)(7), (f)(8) (also delete 
references to out-of-core channels) (Digital television table of 
allotments); 73.623 (updating section heading), (a)-(f) and (h); (DTV 
applications and changes to DTV allotments); 73.624 (updating section 
heading), (a)-(c) and (g) (Digital television broadcast stations); 
73.625 (updating section heading), (a)(1), (b)(1), (b)(3), (c)(4)(i)-
(ii) (DTV coverage of principle community and antenna system); 73.626 
(updating section heading), (a), (c)(1), (e), (f)(2), (f)(6) (DTV 
distributed transmission systems); 73.686(e) (Field strength 
measurements). For subpart H, see 47 CFR 73.1201(b)(1) (Station 
identification). And for subpart J, see 47 CFR 73.6010(c) and (d) 
(Class A TV station protection contour); 73.6017 (Digital Class A TV 
station protection of Class A TV and digital Class A TV stations); 
73.6018 (Digital Class A TV station protection of DTV stations); 
73.6019 (Digital Class A TV protection of low power TV, TV translator, 
digital low power TV and digital TV translator stations); 73.6022(a) 
(Negotiated interference and relocations agreements); 73.6020 
(Protection of stations in the land mobile radio service); 73.6023 
(Distributed transmission systems); and 73.6024(d) (Transmission 
standards and system requirements). We also propose to amend Sec.  
73.6024(d) (Transmission standards and system requirements) to require 
stations in the Mexican border zone to specify a full-service emission 
mask in any modification applications requiring coordination. We also 
propose to eliminate provisions of rules and amend section headings and 
language that are obsolete due to the conversion from analog to digital 
television technology, including references to the analog television 
booster service in subpart E and subpart H, since these services were 
not carried over into digital operations. See Part 74 Order at para. 6 
and n.24. For subpart E, see 47 CFR 73.622(d)(1)-(2), Note to (e)(2), 
(e)(3), (f)(5), (f)(6), (f)(7), and (f)(8) (Digital television table of 
allotments); 73.623(a)-(b), (c)(2), (c)(3), (c)(5), (d), and (h) (DTV 
applications and changes to DTV allotments); 73.624(a), (b)(1)-(2), 
(d)-(f) (refer to pre-DTV transition procedures) (Digital television 
broadcast stations); and 73.626(c)(2) (DTV distributed transmission 
systems). Section 73.622(c)(2) states that an application may be filed 
for a channel or community not specified in the DTV Table of Allotments 
(formerly Sec.  73.622(b)) if it is consistent with the rules and 
policies established in Service Rules for the 746-764 and 776-794 MHz

[[Page 8639]]

Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket 
No. 99-168, Third Report and Order, 16 FCC Rcd 2703, 2717-18, paras. 
34-36 (2001) (stating that the Commission would allow stations on 
channels 59 through 69 to enter into voluntary agreements to 
temporarily relocate to channels 52 through 58). Because Sec.  
73.622(b) has been deleted and channels 52 through 58 reallocated for 
non-broadcast use, we propose to delete this section of the rule. 
Similarly, we propose to delete the last five sentences of Sec.  
73.622(c)(1), which discuss procedures for filing applications for 
channel changes made in the deleted paragraph (b), DTV Table of 
Allotments, citing the MO&O on Reconsideration of the Sixth R&O, 13 FCC 
Rcd 7418, (1998), and analog channel swaps. For subpart H, see 47 CFR 
73.1001(c) (Scope); 73.3521 (Mutually exclusive applications for low 
power television, television translators and television booster 
stations); 73.3525 (Note) (Agreements for removing application 
conflicts); 73.3533(a)(5) (Application for construction permit or 
modification of construction permit); 73.3584(a), (c) (Procedure for 
filing petitions to deny); 73.3572 (section heading, (a)(2), (c) and 
(f)-(g)) (Processing of TV broadcast, Class A TV broadcast, low power 
TV, TV translators, and TV booster applications); and 73.3598(a) 
introductory text (Period of construction). We propose to amend Sec.  
73.6026 (Broadcast regulations applicable to Class A television 
stations) to remove references to analog-only rules applicable to Class 
A television stations, consistent with proposals above. See 47 CFR 
73.6026 (delete reference to Sec.  73.635 (Use of common antenna site); 
73.646 (Telecommunications Service on the Vertical Blanking Interval 
and in the Visual Signal); 73.653 (Operation of TV aural and visual 
transmitters); 73.665 (Use of TV aural baseband subcarriers); 73.667 
(TV subsidiary communications services); 73.669 (TV stereophonic aural 
and multiplex subcarrier operation); and 73.691 (Visual modulation 
monitoring). As discussed infra, we propose to delete the rules related 
to the Subscription Television Service as unnecessary and no longer in 
use, and amend 47 CFR 73.664 (Determining operating power), to remove 
references to measurement techniques we believe no longer have any use 
in the processing of applications to determine interference to other 
stations or previously filed applications. We seek comment on these 
proposals.
    We also propose to remove from certain part 74 rules inadvertent 
references to DTV and digital television service, overlooked in the 
Part 74 Order, since, with rare exception, all part 74 television 
services have transitioned from analog to digital operations and thus, 
there is no further need to differentiate between two separate kinds of 
service. See 47 CFR 74.792(b) (Low power TV and TV translator station 
protected contour); 74.793(e), (g)-(h) (Low power TV and TV translator 
station protection of broadcast stations); and 74.794 (section heading, 
paragraph (b) introductory text, (b)(1), and (b)(2) (Digital 
emissions). We also propose to delete the second sentence in 47 CFR 
74.793(b) (Low power TV and TV translator station protection of 
broadcast stations), given the fact that we propose to delete the 
analog threshold interference levels in 47 CFR 73.623(c)(2) (DTV 
applications and changes to DTV allotments) and therefore there is no 
need to distinguish digital operations. We note that a small number of 
TV translator stations licensed to the State of Alaska (the Alaska 
translator stations) remain operating in analog pursuant to a 
Commission waiver of the analog termination date. See State of Alaska--
Request for Waiver of Section 74.731(m) of the Commission's Rules, 36 
FCC Rcd 10765 (2021); see also Letter to State of Alaska from Barbara 
A. Kreisman, Chief, Video Division (Jan. 26, 2022), a copy of which is 
available at LMS File Nos. 0000179529, 0000179531, 0000179528, 
0000179535, 0000179536, 0000179527, 0000179526, 0000179534, and 
0000179533; see also Letter to State of Alaska from Barbara A. 
Kreisman, Chief, Video Division (July 15, 2022), a copy of which is 
available at LMS File Nos. 0000194718, 0000194713, 0000194714, 
0000194717, 0000194716, 0000194712, and 0000194715 (extending the 
tolling through October 3, 2022). We understand the licensee of these 
translator stations is actively transitioning and anticipates 
terminating analog service in the near future. In the event any of the 
Alaska translator stations have not completed their digital transition 
by the effective date of these rule changes discussed herein, we direct 
the Media Bureau to follow appropriate procedures to impose any 
necessary conditions on the station's authorization to continue analog 
operations.
    We also propose to remove references to an element of the Table of 
Allotments that has been previously updated. Applicants for full power 
digital broadcast stations may only apply to construct on channels 
designated in a codified Table of Allotments and only in the 
communities listed therein. See 47 CFR 73.622(c)(1). To accommodate the 
analog to digital television transition, the Commission adopted Sec.  
73.622(b) (DTV Table of Allotments) in 1997 to allot a paired DTV 
channel to each analog television licensee and permittee. See 47 CFR 
73.622(b) (2018) (DTV Table of Allotments); Advanced Television Systems 
and Their Impact Upon the Existing Television Broadcast Service, MM 
Docket No. 87-268, Sixth Report and Order, 12 FCC Rcd 14588 (1997) 
(Sixth Report and Order), Memorandum Opinion and Order on 
Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998) 
(MO&O on Reconsideration of the Sixth R&O). The Commission later 
deleted Sec.  73.622(b), as well as the analog TV Table of Allotments 
previously found in Sec.  73.606, when it adopted Sec.  73.622(i) 
(Post-Transition Table of Allotment). See 47 CFR 73.622(i); Amendment 
of Parts 27, 54, 73, 74, and 76 of the Commission's Rules to Delete 
Rules Made Obsolete by the Digital Television Transition, MB Docket No. 
17-105, Order, 33 FCC Rcd 863 (2018). The rules, however, continue to 
refer to ``Appendix B,'' which specified the service area that must be 
protected for each channel allotted in Sec.  73.622(b) during most of 
the transition period, and set forth the maximum effective radiated 
power (ERP) and antenna height above average terrain (HAAT) for each 
allotment in the ``initial'' DTV table, i.e., Sec.  73.622(b). We 
therefore propose to remove references to ``Appendix B'' in our rules. 
Appendix B, and a description of its use and contents, is in the Sixth 
Report and Order, 12 FCC Rcd at 14693-754. Corrections were made to 
Table 2 of Appendix B in the MO&O on Reconsideration. We note that 
Sec.  73.622(f)(3)(i) and (ii) both refer to policies specific to 
Appendix B, and thus propose to delete them. We seek comment on these 
proposals.
    We propose to amend Sec.  73.612 to remove references to distance 
separations, which outside of new allotment proceedings are not used in 
digital TV. See 47 CFR 73.612(a)-(b) and Note (Protection from 
interference). This rule is obsolete, as TV stations are now protected 
using OET Bulletin No. 69. See 47 CFR 73.616(d) (Post-transition DTV 
station interference protection). We propose to delete Sec.  73.615 
because the Commission staff's current practice provides additional 
precision beyond what the text of the current rule requires since the 
staff now issues authorizations

[[Page 8640]]

based on the more precise kW value as opposed to dBk and does not round 
HAAT values as described in this rule. See 47 CFR 73.615 
(Administrative changes in authorizations). For example, a station 
authorized at 30 dBk (decibels above 1 kW) would operate at 1000 kW, 
while a station at 29.9 dBk consistent with the current rule would 
operate at approximately 977 kW. The Media Bureau (Bureau), however, 
authorizes stations today based on kW, allowing a station to be 
authorized at an intermediate value such as 990 kW. The Bureau's 
current practice therefore provides more precision. For the same 
reason, we propose to remove the dBk reference in Sec.  73.614(a) 
(Power and antenna height requirements). We propose to delete Sec.  
73.622(g)(2), which pertains to protection of analog TV signals by an 
upper-adjacent digital signal. See Advanced Television Systems and 
Their Impact Upon the Existing Television Broadcast Service, MM Docket 
No. 87-268, Memorandum Opinion and Order on Reconsideration of the 
Sixth Report and Order, 13 FCC Rcd 7418, 7467, para. 120 (1998). We 
propose to delete Sec.  73.1620(f) (Program tests) since it refers to a 
policy of allowing 1000 watt UHF translators on vacant allotments, a 
policy which was ended prior to 1984 (see Low Power Television and 
Television Translator Service, MM Docket No. 83-1350, Report and Order, 
102 F.C.C.2d 295, 311 (1984) (indicating that Sec.  73.3516(c) should 
have been modified at the time when LPTV rules were adopted, which is 
the rule part that 73.1620(f) refers to), and to delete from Sec.  
73.6024(b) (Transmission standards and system requirements) a reference 
to Sec.  74.736, as that section was recently eliminated by the 
Commission in the Part 74 Order. See Part 74 Order. We also propose to 
delete Sec. Sec.  73.685(g) (Transmitter location and antenna system) 
and 73.6025(b) (Antenna system and station location) because these 
rules were adopted many decades ago for the analog era and are not 
relevant to or used in the digital environment. See 28 FR 13572, 13678-
79 (rel. Dec. 14, 1963) (Sec.  73.685 (1963)). We seek comment on these 
proposals.

Updates and Corrections to the Full Power and Class A Rules

    We also propose to make other updates and corrections to the full 
power and Class A rules. We propose to update the reference to the 2000 
census population data found in Sec.  73.616(d)(1) to reflect a 
reference to the most recent official decennial U.S. Census population 
data, which conforms paragraph (d)(1) to the language in Sec.  
73.616(e)(1). See 47 CFR 73.616(d)(1) (Post-transition DTV station 
interference protection). This language was inadvertently not included 
in paragraph (d)(1). See Authorizing Permissive Use of the ``Next 
Generation'' Broadcast Television Standard, GN Docket No. 16-142, 
Notice of Proposed Rulemaking, 32 FCC Rcd 1670, 1696-97, para. 59 
(2017) (in proposing to adopt Sec.  73.616(e)(1), the Commission stated 
that ``[w]e propose to update the Commission's rules regarding 
acceptable levels for interference resulting from a broadcaster's 
application for new or modified facilities''); Authorizing Permissive 
Use of the ``Next Generation'' Broadcast Television Standard, GN Docket 
No. 16-142, Report and Order and Further Notice of Proposed Rulemaking, 
32 FCC Rcd 9930, 9986-88, para. 114 (2017) (in adopting the rule, the 
Commission stated that ``[a]fter the repacking process is complete, any 
broadcast television service or interference calculations will be based 
on the 2010 U.S. Census statistics, until after 2020, when the next 
U.S. Census statistics are scheduled to become available and the Media 
Bureau subsequently announces the date of application of such data''). 
We also propose to make a similar revision in 47 CFR 73.686(c)(1)(i) to 
conform the rule to 47 CFR 73.616. As part of our reorganization, we 
propose to relocate Sec.  73.616(d) (Post-transition DTV station 
interference protection) into a new Sec.  73.620. We propose to amend 
references to the ``Table of Allotments'' in Sec.  73.622(j) to the 
``Table of TV Allotments'' in all places where it is referenced in 
subpart E (see 47 CFR 73.622 (section heading and (a)) (Digital 
television table of allotments); 73.623(d), (f), and (h) (DTV 
applications and changes to DTV allotments)) and in subpart H, for 
continuity. See 47 CFR 73.1015 (Truthful written statements and 
responses to Commission inquiries and correspondence). We also propose 
to update the reference to FM Table of Allotments to ``Table of FM 
Allotments'' in 47 CFR 73.1015 to reflect the name of the table in 47 
CFR 73.202(b). We propose to amend Sec.  73.622(j) to reflect a channel 
substitution previously adopted upon notice and comment rulemaking that 
was adopted shortly before the current version of the Table of TV 
Allotments was adopted. On June 12, 2021, the Media Bureau issued a 
Notice of Proposed Rulemaking in response to a petition filed by KTUL 
Licensee, LLC, the licensee of KTUL, Tulsa, Oklahoma, requesting the 
substitution of channel 14 for channel 10 at Tulsa in Sec.  73.622(i), 
the DTV Table of Allotments. Amendment of Section 73.622(i), Post-
Transition Table of DTV Allotments, Television Broadcast Stations 
(Tulsa, Oklahoma), MB Docket No. 21-9, Notice of Proposed Rulemaking, 
36 FCC Rcd 157 (Vid. Div. 2021) (Tulsa NPRM). In the Tulsa NPRM, the 
Bureau noted that the Commission had completed the incentive auction 
and broadcast television spectrum repacking authorized by the Spectrum 
Act and that the Bureau would amend the rules to reflect all new full 
power channel assignments in a revised Table of Allotments. Because the 
Table had not yet been amended, however, the Bureau continued to refer 
to Sec.  73.622(i) for the purpose of the Tulsa proceeding. Id. at 157, 
n.1. The Bureau adopted a Report and Order amending Sec.  73.622(i) to 
substitute channel 14 at Tulsa, Amendment of Section 73.622(i), Post-
Transition Table of DTV Allotments, Television Broadcast Stations 
(Tulsa, Oklahoma), MB Docket No. 21-9, Report and Order, DA 21-1161 
(rel. Sept. 16, 2021), and shortly thereafter the Commission adopted 
the Table of TV Allotments, which superseded Sec.  73.622(i). October 
2021 Order at para. 8. The amendment to Sec.  73.622(j) reflects this 
channel substitution. We propose to amend certain rules in subpart E to 
add common abbreviations used elsewhere in the Commission's rules and 
forms. See, e.g., 47 CFR 73.614(a) (adding abbreviations for ``ERP'' 
and ``HAAT'') (Power and antenna height requirements); and 73.625(a)(1) 
(adding abbreviations for ``ERP'' and ``HAAT'') (DTV coverage of 
principal community and antenna system). We propose to amend certain 
rules in subpart H and subpart I to provide full power and Class A 
licensees and permittees with accurate information about current 
Commission forms and filing procedures, including the removal of 
obsolete forms. See 47 CFR 73.1250(e) (Broadcasting emergency 
information); 73.1350(h) (Transmission system operation); 73.1560(a)(1) 
and (d) (Operating power and mode tolerances); 73.1615(c) (Operation 
during modification of facilities); 73.1620(a)(1)-(3) (Program tests); 
73.1635(a)(2)-(3) (Special temporary authorizations (STA)); 73.1675(b) 
(Auxiliary antennas); 73.1690(b) and (c)(3) (Modification of 
transmission systems); 73.1740(a)(4) (Minimum operating schedule); 
73.1750 (Discontinuance of operation); 73.2080(c)(6) and (f) (deleting 
the references to obsolete Form 397 and updated the names of forms) 
(Equal employment opportunities (EEO)); 73.3500 (Application and report 
forms); 73.3533(a)(1) and (a)(4)-(a)(7)

[[Page 8641]]

(Application for construction permit or modification of construction 
permit); 73.3536(b)-(c) (Application for license to cover construction 
permit); 73.3540(c)-(f) (Application for voluntary assignment or 
transfer of control); 73.3541(b) (Application for involuntary 
assignment of license or transfer of control); 73.3544(b)-(c) 
(Application to obtain a modified station license); 73.3578(b) 
(Amendments to applications for renewal, assignment or transfer of 
control); 73.3587 (Procedure for filing informal objections); 73.3549 
(Requests for extension of time to operate without required monitors, 
indicating instruments, and EAS encoders and decoders); 73.3550(a) and 
(j) (also adding ``-DT'' suffix in (a), (f), (k), and (m) (Requests for 
new or modified call sign assignments). The Commission has acknowledged 
the use of the ``-DT'' suffix in prior rulemakings. In 2004, the 
Commission permitted stations simulcasting their analog programming on 
their digital channel to make station identification announcements 
simultaneously for both stations as long as the identification included 
both call signs ``(e.g., ``WXXX-TV and WXXX-DT'').'' See Second 
Periodic Review of the Commission's Rules and Polices Affecting the 
Conversion to Digital Television, MB Docket No. 03-15, Report and 
Order, 19 FCC Rcd 18279, 18355, para. 173 (2004) (subsequent citations 
omitted) (Second Periodic Review); see also Digital Transition Call 
Sign Procedures, Public Notice, 24 FCC Rcd 7617 (MB 2009). We also 
propose to update 47 CFR 73.3598(c) (Period of construction); 
73.5005(a) (Filing of long-form applications); and 73.5006(b) (Filing 
of petitions to deny against long-form applications). 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).
    We propose to update Sec.  73.1030 to reflect updated contact 
information for the National Radio Astronomy Observatory site and the 
Radio Frequency Management Coordinator. See 47 CFR 73.1030(a)(1) and 
(b)(2) (Notifications concerning interference to radio astronomy, 
research and receiving installations). We propose to delete Sec.  
73.682(a)(1) as duplicative of Sec.  73.624(a) and thus, unnecessary. 
See 47 CFR 73.682(a)(1) (TV transmission standards) and 47 CFR 
73.624(a) (Digital television broadcast stations) (both noting the 
width of a television channel is 6 MHz). We seek comment on these 
proposals.
    We also propose to make amendments to correct typographical errors 
in words and cross-references that contain incorrect rule citations. 47 
CFR 73.616(e)(1) (Post-transition DTV station interference protection); 
73.622(c)(1) (Digital television table of allotments); 
73.623(c)(5)(iii), (d)(1), (d)(4) (DTV applications and changes to DTV 
allotments); 73.624(g) (Digital television broadcast stations); 
73.625(c)(5) (cites to 73.622(f)(4) which is irrelevant to electrical 
beam tilt) (DTV coverage of principal community and antenna system); 
73.626(c)(2) (DTV distributed transmission systems); 73.681 (definition 
for ``Antenna height above average terrain'' corrected to update rule 
cross-reference) (Definitions); 73.682(d) (TV transmission standards); 
73.683(c)(3) (Field strength contours and presumptive determination of 
field strength at individual locations); 73.1217 (Broadcast hoaxes); 
73.1250 (Broadcasting emergency information); 73.1615(b)(3) (Operation 
during modification of facilities); 73.1690(b)(3) and (c)(3) 
(Modification of transmission systems); 73.3550(b) and (i) (Requests 
for new or modified call sign assignments); 73.5007(b)(3)(v) 
(Designated entity provisions); 73.3578(b) (Amendments to applications 
for renewal, assignment or transfer of control); 73.6018 (Digital Class 
A TV station protection of DTV stations); 74.793(g) (Low power TV and 
TV translator station protection of broadcast stations); and 73.4060(a) 
(Citizens agreements). We propose to delete repetitive language within 
a rule. See 47 CFR 73.623(e) (DTV applications and changes to DTV 
allotments). We also propose to revise Sec.  73.682(d) to break the 
existing paragraph into paragraphs, without altering its content, in 
order to make the paragraph more accessible to licensees and the 
public. See proposed 47 CFR 73.682(d)(1)-(4) (TV transmission 
standards). We also propose to remove citations to sections of the 
Communications Act in proposed Sec.  73.682(d)(3)(ii) relating to the 
organization and functions of the Commission that we believe were 
inadvertently included in the rule, as well as the physical address of 
ATSC in favor of solely providing an updated web address (https://www.atsc.org/documents/atsc-1-0-standards/). We also propose to update 
the physical address of ATSC in 47 CFR 73.8000 (Incorporation by 
reference). In addition, we propose to eliminate notes to rules and 
shift the language into the text of the relevant rule to conform to the 
publishing conventions of the Administrative Committee of the Federal 
Register. See 47 CFR 73.682 (TV transmission standards); 73.1216 
(Licensee-conducted contests); 73.1217 (Broadcast hoaxes); and 73.3525 
(Agreements for removing application conflicts). We seek comment on 
these proposals.
    We propose to delete Sec.  73.685(e) (Transmitter location and 
antenna system) because it is redundant with Sec.  73.625(c)(2) 
(antenna system), and contains certain requirements regarding 
directional antennas which are no longer in use. We propose to delete 
Sec.  73.622(f)(2) as obsolete, since all applications are now 
evaluated for interference using OET Bulletin No. 69. See 47 CFR 
73.622(f)(2) (Digital television table of allotments). See also 47 CFR 
73.616(d) (Post-transition DTV station interference protection), which 
requires applications to pass an analysis with OET Bulletin No. 69. We 
also propose to delete Sec.  73.6027 as duplicative and unnecessary. 
That rule provides that Class A television station must comply with 
Sec.  73.1030 of the rules. See 47 CFR 73.6027 (Class A TV 
notifications concerning interference to radio astronomy, research and 
receiving installations). Section 73.1030, however, is already 
applicable to Class A stations. See 47 CFR 73.1030 (Notifications 
concerning interference to radio astronomy, research and receiving 
installations). Class A licensees are required to comply with all part 
73 regulations except for those that cannot apply for technical or 
other reasons. Establishment of a Class A Television Service, MM Docket 
No. 00-10, Report and Order, 15 FCC Rcd 6355, 6365, para. 23 (2000) 
(Class A Report and Order). We also propose to place a reference to 
Sec.  73.1030 in Sec.  73.6026 (Broadcast regulations applicable to 
Class A television stations), which lists rules that apply to Class A 
by reference. We similarly propose to delete the last sentence of 
73.6020 (Protection of stations in the land mobile radio service) with 
respect to land mobile radio service (LMRS) operations on channel 16 in 
New York, as it is duplicative of the reference to Sec.  74.709 in the 
first sentence of 73.6020, since Sec.  74.709 requires protection of 
channel 16 in New York. We also propose to streamline Sec.  73.6000 by 
amending the rule, after deleting the analog content, to simplify and 
shorten the language without further altering the meaning or content. 
See 47 CFR 73.6000 (Definitions--because we propose to delete paragraph 
(1) supra, we propose to delete the number (2), but retain the

[[Page 8642]]

text). We seek comment on these proposals.
    We also seek to add an explanatory note to Sec.  73.623 to 
reference and explain the existence of a granted waiver with respect to 
the community of Los Angeles, California. See 47 CFR 73.623 (DTV 
applications and changes to DTV allotments). A similar explanatory note 
was added to Sec.  74.709 in the Commission's Part 74 Order at para. 8. 
Section 73.623 requires television stations to protect certain channels 
for use by LMRS in thirteen U.S. cities listed in the rule. In 2008, 
the Commission's Public Safety and Homeland Security Bureau (PSHSB) 
granted a waiver pursuant to Sec.  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.  73.623, we believe the public interest is served by 
including a note explaining the existence of the 2008 waiver. We seek 
comment on these proposals.

Post-Incentive Auction Licensing and Operation (Sec.  73.3700)

    Section 73.3700(a)(2) includes licensing and procedural rules for 
television stations during the post-incentive auction transition. The 
incentive auction closed on April 13, 2017 (Incentive Auction Closing 
and Channel Reassignment Public Notice: The Broadcast Television 
Incentive Auction Closes; Reverse Auction and Forward Auction Results 
Announced; Final Television Band Channel Assignments Announced; Post-
Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32 
FCC Rcd 2786 (WTB/MB 2017) (Channel Reassignment Public Notice), and 
thus, we propose to amend Sec.  73.3700(a)(2) to add the citation to 
the Channel Reassignment Public Notice that was released by the 
Commission's Media and Wireless Telecommunications Bureaus and 
Incentive Auction Task Force announcing the completion of the auction 
and deadlines for stations assigned new channels through the repacking 
process to terminate operations on pre-auction channels. See 47 CFR 
73.3700(a) (Definitions), and (a)(2) (Channel reassignment public 
notice). We also propose to delete as obsolete certain definitions that 
relate to the bid options that were available to full power and Class A 
television broadcasters eligible to participate in the incentive 
auction that closed on April 13, 2017. See 47 CFR 73.3700(a) 
(Definitions), (6) (High-VHF-to-Low-VHF station), (7) (License 
relinquishment station), and (17) (UHF-to-VHF station). We also propose 
to delete as obsolete procedural rules that governed the post-incentive 
auction period for stations to transition off their pre-auction 
channel, which ended on July 13, 2020, including the portions of the 
rule pertaining to the special post-incentive auction displacement 
filing window which closed on June 1, 2018 and applied to low power 
television and television translator stations displaced by the auction. 
See 47 CFR 73.3700(b) (Post-auction licensing), (c) (Consumer education 
for transitioning stations), (d) (Notice to MVPDs), and (g) (Low Power 
TV and TV translator stations).We retain those portions of the rule 
pertaining to the small number of stations that are still engaged in 
constructing final facilities on their post-auction channel assignments 
and to the TV Broadcaster Relocation Fund. See 47 U.S.C. 1452(j)(1)(A)-
(B); see also Incentive Auction Task Force and Media Bureau Report on 
the Status of the Post-Incentive Auction Transition and Reimbursement 
Program; Announce a Further Allocation from the Relocation Fund; and 
Announce Procedures for Eligible Entities to Close Out Accounts in the 
Fund, Public Notice, 34 FCC Rcd 304, 312, para. 26 (2019); Expanding 
the Economic and Innovation Opportunities of Spectrum Through Incentive 
Auctions, Report and Order, 29 FCC Rcd 6567, 6825-26, paras. 632-36 
(2014). We seek comment on these proposals.

Updates to Listing of FCC Policies

    Sections 73.4000 et seq provide certain FCC policies and citations 
related to all broadcast stations for the purpose of reference and 
convenience. Section 73.4000 addresses the fact that the present 
listing of FCC policies and citations contained in 73.4000 et seq may 
not be an all-inclusive list. We propose to also include cautionary 
language in the rule to note that subsequent decisions or actions may 
exist. We seek comment on this proposal. We also propose to amend a 
number of rules in Sec. Sec.  73.4000 et seq that are now obsolete or 
otherwise require updates. For instance, the Commission no longer uses 
comparative hearings to award commercial broadcast licenses so Sec.  
73.4082 related to such proceedings is obsolete. See 47 CFR 73.4082 
(Comparative broadcast hearings--specialized programming formats). The 
Commission no longer resolves mutually exclusive broadcast applications 
through comparative hearings but rather now uses competitive bidding 
procedures. See 47 CFR 73.5000 et seq (procedures for competitive 
bidding); Implementation of Section 309(j) of the Communications Act; 
Competitive Bidding for Commercial Broadcast and Instructional 
Television Fixed Service, MM Docket No. 97-234, First Report and Order, 
13 FCC Rcd 15920 (1998) (subsequent citations omitted) (Competitive 
Bidding First R&O). We propose to remove or update rules that implicate 
audio services that are obsolete or require updates. Section 73.4017 is 
proposed to be removed because these policies have been replaced by 
competitive bidding procedures in Sec. Sec.  73.5000-73.5009. See 47 
CFR 73.4017 (Application processing: Commercial FM stations); 47 CFR 
73.5000-73.5009; Competitive Bidding First R&O, at 15972, para. 137 
(1998). Section 73.4100 and Sec.  73.4101 are proposed to be retained 
and amended to add a more recent policy pronouncement from 1981 and 
1987. See 47 CFR 73.4100 (Financial qualifications; new AM and FM 
stations) and 73.4101 (Financial qualifications, TV stations); Revision 
of Application for Construction Permit for Commercial Broadcast Station 
(FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 
(1981) and Certification of Financial Qualification by Applicants for 
Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122 
(1987). Section 73.4107 is proposed to be eliminated as the cited 
documents refer to a completed proceeding. All of the cited documents 
concern the rollout and implementation of Docket 80-90 and the 689 FM 
allotments adopted therein. The allotments have been established, the 
proceeding is terminated, and we believe there is no public interest 
served by listing the cited documents in the policy statement. See 47 
CFR 73.4107 (FM broadcast assignments, increasing availability of). We 
also propose to eliminate Sec.  73.4108 because this requirement was 
eliminated for FM stations. See 47 CFR 73.4108 (FM transmitter site map 
submissions); 1998 Biennial Regulatory Review--Streamlining of Mass 
Media Applications, Rules, and Processes, MM Docket Nos. 98-43 and 94-
149, Report and Order, 13 FCC Rcd 23056, 23082, para. 60 (1998) 
(rejecting the suggestion that the Commission continue to require the 
filing of site maps, finding it to be an ``unnecessary expense for 
applicants'' ``in most instances''). And we propose to update rules to 
reflect the

[[Page 8643]]

availability of newer versions of procedures and Commission orders. See 
47 CFR 73.4210 (Procedure Manual: ``The Public and Broadcasting'') (The 
rule is tentatively updated to reflect a newer version of the procedure 
manual, which is available at: https://www.fcc.gov/media/radio/public-and-broadcasting); 73.4267 (Time brokerage) (The revisions to the rule 
propose to remove outdated citations and add citations to reflect 
current policy). See Review of the Commission's Regulations Governing 
Attribution of Broadcast and Cable/MDS Interests, MM Docket Nos. 94-
150, 92-51, 87-154, Report and Order, 14 FCC Rcd 12559 (1999). See also 
47 CFR 73.3555, Note 2(j). We also propose to update certain rules to 
reflect the subsequent passage of legislation and the later Commission 
revision of the relevant policy. See 47 CFR 73.4055 (Cigarette 
advertising) (tentatively updated to reflect that in 1986, Congress 
extended the ban to include advertisements for smokeless tobacco 
products. See 15 U.S.C. 4402(c)). We seek comment on these proposals.

Deletion of Obsolete Language Due to Passage of Time and Changes in 
Commission Policy

    The Class A television service was authorized by passage of the 
Community Broadcasters Protection Act of 1999 (CBPA), pursuant to which 
eligible LPTV stations could obtain partial qualified primary status. 
See Community Broadcasters Protection Act of 1999, Public Law 106-113, 
113 Stat. Appendix I at pp. 1501A-594--1501A-598 (1999), codified at 47 
U.S.C. 336(f) (CBPA). The CBPA was enacted on December 31, 1999, and in 
implementing the Act in 2000, the Commission gave eligible stations 
until May 1, 2000, to file an application for a Class A license. Class 
A Report and Order; Memorandum Opinion and Order on Reconsideration, 16 
FCC Rcd 8244 (2001). Stations that were authorized or applications that 
were no longer subject to the filing of competing applications prior to 
passage of the CBPA were not required to protect analog LPTV stations 
that became Class A stations with passage of the CBPA on November 29, 
1999. All of the LPTV stations that became analog Class A stations and 
are still operating are now digital Class A stations. Accordingly, this 
note to Sec.  73.613(a) is now obsolete and we propose to delete it. 
See 47 CFR 73.613 (Note to 73.613(a)) (Protection of Class A TV 
Stations). Section 73.6018 provides, in part, that Class A television 
stations were required to protect any pre-transition DTV applications 
filed before December 31, 1999, or between December 31, 1999 and May 1, 
2000. Because the time for filing such pre-transition DTV applications 
is long past and none remain pending, we tentatively conclude that we 
should delete this language. See 47 CFR 73.6018 (Digital Class A TV 
protection of DTV stations). We also propose to delete references to 
digital and DTV. In addition, now that May 1, 2000 is past, the final 
sentence in 73.623(c)(5) is rendered obsolete through the passage of 
time and we propose to delete it. 47 CFR 73.623(c)(5) (DTV applications 
and changes to DTV allotments). We believe this deletion is further 
supported by the fact that the Commission previously stated ``Section 
73.623 is amended by revising paragraph (a) as follows and deleting 
paragraphs (c) and (g).'' (emphasis added). This was also reflected in 
the Federal Register publication, 86 FR 66193 (Nov. 22, 2021), which 
states ``Section 73.623 is amended by revising paragraph (a) and by 
removing and reserving paragraphs (c) and (g).'' (emphasis added). 86 
FR 66193, 66209 (Nov. 22, 2021). While references to the section were 
deleted, the paragraph remains in the rules. We seek comment on these 
proposals.
    Section 73.6019 provides, in part, that Class A stations that were 
reassigned a new channel in connection with the incentive auction were 
not required to protect low power television or TV translator stations 
in the applications they filed for a construction permit for the 
channel specified in the April 13, 2017 Channel Reassignment Public 
Notice. 47 CFR 73.6019 (Digital Class A TV station protection of low 
power TV, TV translator, digital low power TV and digital TV translator 
stations), citing Sec.  73.3700(b)(1). Those applications were required 
to be filed by July 12, 2017, absent a waiver. Channel Reassignment 
Public Notice, 32 FCC Rcd at 2809, para. 70. Such waiver requests were 
required to be submitted no later than June 12, 2017 and all such 
requests have been disposed of in decisions that are now final. Id. 
Thus, we propose to delete that portion of the rule as obsolete. We 
seek comment on this proposal.
    Section 73.6022 provides that Class A stations displaced by channel 
allotment changes by a DTV station could negotiate to exchange channels 
with the DTV station, subject to certain conditions. 47 CFR 73.6022 
(section heading and (b)) (Negotiated interference and relocation 
agreements). Class A stations were subject to displacement only as the 
result of ``engineering solutions'' by full power television stations 
to resolve ``technical problems'' in replicating or maximizing the full 
power television station's digital service area during the digital 
transition. See Freeze on the Filing of Applications for Digital 
Replacement Translator Stations and Displacement Applications, Public 
Notice, 29 FCC Rcd 6063 (2014), citing Class A Report and Order, 15 FCC 
Rcd at 6380-81, paras. 61-64 (subsequent citations omitted). Because 
the digital transition is complete, any such displacements were 
necessarily already identified and resolved. Accordingly, we 
tentatively conclude that we should delete paragraph (b) of the rule as 
obsolete. We seek comment on that tentative conclusion.
    We also propose to amend Sec.  73.1020(a) to delete dates in the 
past and include the applicable dates for future license renewal 
cycles. Section 73.1020(a) provides, in part, the default time of 
expiration for initial and renewal broadcast licenses by state. 
Specifically, the default time of expiration for such licenses will be 
3 a.m., local time, on certain enumerated dates and thereafter at 8-
year intervals for radio and TV broadcast stations depending on 
location. Because the dates specified in the current rule for filing 
such renewal applications are now in the past, we propose to amend the 
rule to update the license expiration dates for the next renewal cycle. 
We seek comment on that proposal. In addition, we propose to remove as 
obsolete language from Sec.  73.1020(b) that refers to the cutoff date 
for the filing of applications mutually exclusive with renewal 
applications that are filed on or before May 1, 1995 and no such 
applications are on file. See 47 CFR 73.1020(b) (Station license 
period). See also Reading Broadcasting, Inc., for Renewal of License of 
Station WTVE(TV), Channel 51 Reading, Pennsylvania and Adams 
Communications Corporation, for Construction Permit for a New 
Television Station to Operate on Channel 51, Reading, Pennsylvania, MM 
Docket No. 99-153, 17 FCC Rcd 14001, para. 1 (2002) (In this decision, 
the Commission explained that it was ``dispos[ing] of the last 
remaining ``comparative renewal'' proceeding, in which an incumbent 
licensee faces a comparative challenge from a construction permit 
applicant for the same facilities. Congress, by Act of February 8, 
1996, Public Law 104-104, 110 Stat. 56, codified as 47 CFR 309(k)(4), 
prohibited the comparative consideration of renewal applicants filed 
after May 1, 1995.''). We seek comment on this proposal.
    Similarly, we propose to remove as obsolete due to the passage of 
time Sec.  73.3598(b)(3), which provides that the

[[Page 8644]]

period of construction for an original construction permit will toll 
for certain reasons of international coordination during the DTV 
transition, which is now complete. We propose to delete language in 
proposed Sec.  73.682(d)(1) that specifies that digital standards 
incorporated by reference into the Commission rules became effective 
October 11, 2011, as the specific start date is now obsolete. See 
proposed Sec.  73.682(d)(1) (TV transmission standards). We also delete 
references to DTV and digital. We also propose to remove as obsolete 
the portion of Sec.  73.3572(a)(3) that provided a window that expired 
October 1, 2000 for certain proposed minor change applications. We also 
propose to delete provisions that reference the comparative hearing 
process, which no longer exists. See 47 CFR 73.1620 (Program tests) 
(g)(1)-(3) (Reports required); 73.3519(a) (Repetitious applications) 
(the last sentence of paragraph (a) that applicants whose applications 
have been denied in a comparative hearing may apply immediately for 
another available facility); and Sec.  73.4082 (Comparative broadcast 
hearings--specialized programming formats). We also propose to delete 
Sec.  73.3523, the first sentence of Sec.  73.3516(e), and the second 
sentence of Sec.  73.3516(e)(1), which deal with obsolete procedures 
regarding mutually exclusive proceedings for renewal applications filed 
prior to May 1, 1995. We also propose to delete the first clause of 47 
CFR 73.3525(a) (Agreements for removing application conflicts), which 
cross-references Sec.  73.3523. In addition, we propose to delete the 
second sentence of Sec.  73.3533(b), which discusses an obsolete 
procedure for filing construction permit extension applications. 
Specifically, that rule refers to Sec.  73.3534, which specified three 
factors that could justify an extension of a construction permits. See 
47 CFR 73.3534. See also Application of Mansfield Christian School, 10 
FCC Rcd 12589, 12590, para. 5 (1995). That section, however, was 
deleted in 2004. See 69 FR 72043 (Dec. 10, 2004). We seek comment on 
these proposals.
    We propose to delete obsolete language in Sec.  73.664(c)(3)(iii) 
concerning the certification of equipment. The FCC no longer ``type 
accepts'' equipment, having overhauled the process to allow private 
parties to verify such equipment meets FCC requirements, and the 
results of such verifications do not need to be submitted to the FCC. 
See 47 CFR 73.664(c)(3)(iii) (Determining operating power). Currently, 
there are two procedures used for RF device equipment authorization: 
SDoC and Certification. See 47 CFR 2.906 (Supplier's Declaration of 
Conformity) and 2.907 (Certification); see also Office of Engineering & 
Technology (OET), Equipment Authorization, https://www.fcc.gov/engineering-technology/laboratory-division/general/equipment-authorization (last visited Aug. 9, 2022). On July 14, 2017, the 
Commission amended its radiofrequency equipment authorization rules. 
Amendment of Parts 0, 1, 2, 15, and 18 of the Commission's Rules 
Regarding Authorization of Radiofrequency Equipment, ET Docket No. 15-
170, First Report and Order, 32 FCC Rcd 8746 (2017) (SDoC Order). The 
adopted rules phased out the Verification and Declaration of Conformity 
equipment authorization procedures and replaced them with a new 
equipment authorization procedure, the SDoC. Federal Communications 
Commission, Authorization of Radiofrequency Equipment, 82 FR 50820 
(Nov. 2, 2017). A device authorized under previously accepted 
procedures remains authorized and may be marketed or used if it 
continues to meet the requirements attendant to that authorization. We 
also propose to modify text throughout Sec.  73.664 in order to remove 
references to analog operations such as references to the visual 
transmitter and to peak power. We propose to retain the remainder of 
this section that continues to provide important information for 
measuring transmitter operating power even in the post-transition 
context. We similarly propose to retain Sec.  73.688 while removing 
similar references to the visual transmitter. We seek comment on these 
proposals.
    We propose to delete Sec. Sec.  27.60 (TV/DTV interference 
protection criteria) and 27.1310 (Protection of Broadcast Television 
Service in the 600 MHz band from wireless operations), which concern 
the protection of TV stations on certain channels by wireless services. 
All of these protections are for channels above channel 37, and thus 
are no longer relevant because the completion of the digital TV 
transition and the incentive auction and repacking process reassigned 
channels in that range for wireless use. We seek comment on this 
proposal.

Reorganization of Subpart E--Television Broadcast Stations

    Full power television began to transition to digital with the 
passage of the Telecommunications Act of 1996, and ended on June 12, 
2009, when full power television stations commenced digital-only 
operations. See Advanced Television Systems and Their Impact upon the 
Existing Television Broadcast Service, MM Docket No. 87-268, 12 FCC Rcd 
12809 (1997) (Implementing television broadcast portions of the 
Telecommunications Act of 1996) (subsequent citations omitted); see 
Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56 
(1996)). During the transition, the Commission was required to adopt a 
number of rules dealing with, inter alia, special relaxed digital to 
digital interference standards necessary to take into account that most 
stations were operating both an analog and digital channel during the 
transition, digital construction deadlines, minimum digital operating 
schedules, analog to digital and digital to analog interference rules, 
and digital to digital interference rules post-transition. For an 
overview of the numerous rulemaking proceedings, see Review of the 
Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 00-39, Report and Order and Further Notice of 
Proposed Rulemaking, 16 FCC Rcd 5946 (2001) (subsequent citations 
omitted); Second Periodic Review, 19 FCC Rcd 18279 (2004); Third 
Periodic Review of the Commission's Rules and Policies Affecting the 
Conversion to Digital Television, MB Docket No. 07-91, Report and 
Order, 23 FCC Rcd 2994 (2007) (subsequent citations omitted). Many of 
these rules were temporary and meant to be effective only during the 
DTV transition. For example, Sec.  73.623(c)(2) (Minimum technical 
criteria for modification of DTV allotments included in the initial DTV 
Table of Allotments and for applications filed pursuant to this 
section) allowed petitioners and applicants to specify facilities that 
would result in an increase of up to an additional 2 percent of the 
population served by another station, provided that the station would 
not receive more than 10 percent interference in the aggregate. Post-
transition, however, the level of permissible interference dropped to 
0.5%, the rounding tolerance for zero. See 47 CFR 73.616(d). Others, 
however, had more long term application to digital operations. Because 
the more long term rules were adopted at the same time as temporary 
rules, the long term rules are currently not organized in a straight 
forward or user-friendly manner. For example, Sec.  73.623(d) (Minimum 
geographic spacing requirements for new TV allotments) is in the rule 
section dealing with TV applications and changes to TV allotments. This 
paragraph, however, deals with new allotments, and might

[[Page 8645]]

more logically belong in Sec.  73.622 (Table of TV Allotments). In 
addition, there are instances where the rules are duplicative. For 
example, 47 CFR 73.616(d) and (e) (Post-transition DTV station 
interference protection) and 73.623(c)(2)-(5) (DTV applications and 
changes to DTV allotments) both require the use of OET Bulletin No. 69. 
Some of the specific parameters in Sec.  73.623(c) are outdated (such 
as those that refer to the 2 percent and 10 percent aggregate pre-
transition interference standard), but most of the remaining rule text 
is directly duplicative of Sec.  73.616(d) and (e) (for example, both 
discuss how to determine DTV to DTV interference using OET Bulletin 69, 
that the minimum adjacent channel technical criteria does not apply to 
channels 4 and 5, 6 and 7, and 13 and 14, because of unique spacing 
between these channel, and how to determine interference to Class A 
television stations). Thus, as stated above, we propose deleting 
paragraphs 73.623(c)(2)-(5). In addition, there are cases where an 
analog rule and a digital rule are both found in the rules with similar 
text, such as Sec. Sec.  73.625 (DTV coverage of principal community 
and antenna system) and 73.685 (Transmitter location and antenna 
system).
    To make the organization of the rules more practical and the rules 
easier to find, we propose to reorganize subpart E, while also offering 
some minor clarifications and amendments to some of the rules. First, 
we propose to create a new Sec.  73.611 (Emission levels and mask 
filters) which would relocate, verbatim, the language from Sec.  
73.622(h)(1) and (2), which is currently part of the Table of TV 
Allotments section. These rules involve the permissible level of 
emissions outside the authorized channel of operation and how 
attenuation of emission levels is to be measured at the output 
terminals of the transmitter, including any filters that may be 
employed. See Advanced Television Systems and Their Impact upon the 
Existing Television Broadcast Service, MM Docket No. 87-268, Sixth 
Report and Order, 12 FCC Rcd 14588, 14676-77, para. 195 (1997). We 
believe this change will improve the organization of the rules because 
this technical rule has little direct relationship to the Table of TV 
Allotments. We seek comment on moving this language to a separate 
stand-alone rule for easier reference.
    We propose to remove the analog power limits from Sec.  73.614(b) 
(Power and antenna height requirements) and replace them with the 
digital power limits currently found in Sec.  73.622(f)(5)-(8) (Table 
of TV allotments), and we propose to clarify that all applications for 
new full power television stations, applications for changes in 
authorized full power television stations, and petitions for changes to 
the Table of TV Allotments must comply with these requirements. 47 CFR 
73.614(b) (Power and antenna height requirements). This would make 
Sec.  73.622(f)(4) redundant, as Sec.  73.622(f)(8) also contains a 
1000 kW limit for UHF stations, and we thus propose to delete Sec.  
73.622(f)(4). The portions of the rule in Sec.  73.622(f)(5)-(8) focus 
on power and antenna height requirements. Sections 73.622(f)(6)-(8) set 
forth the digital power limits and (f)(5) sets forth an exception which 
is commonly referred to as the ``largest station in the market rule.'' 
While these power and antenna height requirements are sometimes 
referred to in Table of Allotment proceedings, they are also frequently 
considered in processing applications, and so we believe including 
these provisions in a separate paragraph will make them easier to 
reference regardless of whether an allotment or an application is being 
considered. We also propose to clarify in the newly placed Sec.  
73.614(b)(6), that the largest station in the market provision only 
allows a station to exceed the maximum height for a given channel and 
zone, and not the maximum power for that channel and zone. This 
addition to the rule is consistent with a clarification adopted by the 
Commission in 2001. See Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television, MM Docket No. 00-39, 
Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 
5946 (2001) (subsequent history omitted). Specifically, the Commission 
clarified that under Sec.  73.622(f)(5), ``the maximum ERP limits . . . 
may not be exceeded.'' Id. at 5974, para. 74. Instead, ``[t]he `largest 
station' provision applies only where the rules normally require a 
reduction in the maximum power because a specified antenna HAAT is 
exceeded. That is, it does not allow power higher than the maximum ERP 
to compensate for an antenna HAAT that is lower than the value 
specified in the rule.'' Id. We also propose to delete Sec.  
73.614(b)(7) (Power and antenna height requirements) as duplicative of 
Sec.  73.625(c)(1) (DTV coverage of principal community and antenna 
system). See 47 CFR 73.614(b)(7) and 73.625(c)(1). We further propose 
to retain for digital operations a requirement that existed for analog 
operations that applications will not be accepted for filing if they 
specify less than a minimum effective radiated power of 100 watts 
because the Media Bureau staff already applies this minimum level in 
routine processing and we do not believe it is in the public interest 
for full power television stations to operate with what is essentially 
a low power facility. See 47 CFR 73.614(a) (Minimum power). Finally, we 
propose that for stations requesting DTS operation pursuant to Sec.  
73.626 (DTV distributed transmission systems) that this requirement 
apply to at least one site in the DTS. We seek comment on these 
proposals.
    We also propose to collect provisions on related matters that are 
currently spread over various rules and group them together. First, we 
propose to create a new Sec.  73.617 (Interference protection of other 
services) which collects provisions from Sec. Sec.  73.623(e) 
(Protection of land mobile operations on channels 14-20), 73.687(e)(3)-
(4) (this section requires stations operating on channel 14 to take 
special precautions to avoid adjacent LMRS facilities and sets forth 
various steps stations should take to identify and resolve potential 
interference. See also Resolution of Interference Between UHF Channels 
14 and 69 and Adjacent-Channel Land Mobile Operations, MM Docket No. 
87-465, Report and Order, 6 FCC Rcd 5148 (1991)) 73.623(f) (``Parties 
requesting new allotments on channel 6 be added to DTV Table must 
submit an engineering study demonstrating that no interference would be 
caused to existing FM radio stations on FM channels 200-220''), and 
73.685(d) (we also propose to change ``blanket area'' to 
``blanketing,'' which reflects the updated term now used by 
stakeholders.). We propose to amend the rule to add a note to reference 
and explain the existence of a granted waiver with respect to the 
community of Los Angeles, California allowing the County of Los Angeles 
to use channel 15 in Los Angeles for public safety communications, and 
propose to update the city center coordinates supra. Most of these 
rules are used for both licensing and allotments and we believe they 
will be easier to identify and use if gathered into one section rather 
than scattered among various rules. We seek comment on this proposed 
restructuring. We also propose to include a new paragraph 73.617(e) to 
codify a long standing Commission practice to place a condition on all 
television broadcast station authorizations that result in a change in 
coverage area, and all authorizations for new stations, which requires 
TV broadcasters to identify and notify hospital and other health care

[[Page 8646]]

facilities within the station's coverage area to avoid interference to 
medical telemetry devices. Such devices are authorized under 47 CFR 
15.242 (Operation in the bands 174-216 MHz and 470-668 MHz) and 47 CFR 
part 95 subpart H. This condition is consistent with a current practice 
agreed to between the Commission and the Food and Drug Administration 
in 1998 and we believe codifying this practice in our rules will ensure 
that all licensees are aware of this requirement to avoid interference 
to medical telemetry devices. See Joint Statement of the Federal 
Communications Commission and the Food and Drug Administration 
Regarding Avoidance of Interference Between Digital Television and 
Medical Telemetry Devices, https://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret8003.html (Mar. 25, 
1998). We seek comment on this proposal.
    We propose to create a new Sec.  73.618 (Antenna location and 
principal community coverage), which would relocate, verbatim, the 
language from 73.625(a) (DTV coverage of principal community and 
antenna system). We also propose to centralize multiple existing rules 
into one rule that would include instructions on how to determine the 
protected facilities of a television allotment (47 CFR 73.616(c) (Post-
transition DTV station interference protection), as amended), the 
noise-limited contour level of a television station (47 CFR 73.622(e) 
(Digital television table of allotments), as amended supra), how the 
noise-limited contour is determined (47 CFR 73.625(b) (DTV coverage of 
principal community and antenna system), as amended infra), and the 
purposes for which field strength contours are used (47 CFR 73.683(c) 
(Field strength contours and presumptive determination of field 
strength at individual locations)). We therefore propose to include 
these existing requirements in a new Sec.  73.619 (Contour and service 
areas), and update the section heading of Sec.  73.683 to ``Presumptive 
determination of field strength at individual locations,'' in order to 
remove reference to portions of the rule that are relocated to the new 
Sec.  73.619. Similarly, we propose to create a new Sec.  73.620 
(Interference calculation and protection of TV broadcast services) that 
will include the requirements currently spread throughout multiple 
rules in Sec.  73.623(c) (describes the minimum technical criteria for 
modification of DTV allotments included in the initial DTV Table of 
Allotments and for applications filed pursuant to this section, as 
amended supra) and Sec. Sec.  73.616(d) and (e) (merged into a new 
Sec.  73.620(a)-(d)). See 47 CFR 73.616 (Post-transition DTV station 
interference protection) as amended supra. Additionally, we propose to 
move the rule from Sec.  73.616(g) to a new Sec.  73.620(f). See 47 CFR 
73.616(g) (relating to interference protection of ATSC 3.0 stations). 
We believe that this revised organization of these requirements will 
make the rules easier to identify and use, and eliminate duplicate 
versions of some of these rules. We seek comment on these proposals.
    We propose to modify Sec. Sec.  73.622 (Television table of 
allotments) and 73.623 (TV application processing) to separate out 
rules specific to the Table of TV Allotments and application processing 
procedures into separate sections. In Sec.  73.622(a), we propose to 
modify the language to clarify the rule sections specific to petitions 
to modify the Table of TV Allotments. Due to this change, Sec.  
73.616(a) (TV station interference protection) becomes largely 
duplicative of this proposed Sec.  73.622(a) and we thus propose to 
delete Sec.  73.616(a). We also propose to remove (a)(1) and (a)(2) as 
redundant with the content of Sec.  73.603 (Numerical designation of 
television channels). We propose to redesignate the language in Sec.  
73.622(d)(2) as Sec.  73.622(d), clarify the rule text to indicate this 
paragraph applies to all allotments, and clarify that the ``reference 
coordinates'' for each allotment are those of the authorized facility, 
or for new allotments, the coordinates given in the order amending the 
Table of TV Allotments. Section 73.616(b) is duplicative of this 
proposed Sec.  73.622(d) and we thus propose to delete Sec.  73.616(b). 
We also propose editorial changes for clarity in Sec.  73.622(d). 
Finally, we propose to relocate the text from Sec.  73.623(d), relating 
to the minimum distance separations for new TV allotments, to a new 
Sec.  73.622(k). In Sec.  73.623(a), we propose to modify the language 
to clarify the rule sections specific to application processing and 
remove discussion of modifications to the Table of TV Allotments. We 
propose to relocate the text from Sec.  73.622(c), regarding the 
availability of channels for application, into Sec.  73.623(b). 
Finally, we propose to update cross-references found in Sec.  73.623(h) 
and update the section heading to ``TV application processing 
priorities'' in order to clarify its purpose. We seek comment on these 
proposals.
    We propose to reorganize Sec.  73.624(b) (Television broadcast 
stations) for clarity by splitting some of the text in subpart (b) into 
a new subpart (b)(1) (requiring stations broadcasting in ATSC 1.0 to 
transmit an over the air signal at no direct charge to viewers). We 
note that nothing in this proposal alters the application of this rule 
to ATSC 3.0. We propose to relocate Sec.  73.685(h) (Transmitter 
location and antenna system), pertaining to AM stations, to become new 
Sec.  73.625(c)(4)(iii) (TV coverage of principal community and antenna 
system). We also propose to relocate Sec.  73.682(a)(14) (TV 
transmission standards), regarding the use of elliptically- and 
circularly-polarized antennas, to become a new Sec.  73.625(d) (TV 
coverage of principal community and antenna system). While the rest of 
Sec.  73.682(a) related specifically to analog station operations, we 
believe this specific subpart of (a)(14) applies to all stations and 
note that its content is consistent with the functions in LMS 
applicable to applications. Thus, we tentatively conclude it should be 
relocated to make it easier to identify by users of our rules. We seek 
comment on these proposals.
    While the current rule structure has become disjointed over the 
years, and is only exacerbated by the deletion of obsolete portions of 
the rules, we understand that the structure is also familiar to many 
users and we recognize that many licensees, counsel, and other users of 
our rules may have concerns about a reorganization to our rules that 
have been in the same location or under the same section number for 
many years. We propose to mitigate that concern by updating cross-
references to the rules reorganized as described herein, and in Table 
1: Cross-references below, as well as providing cross-references to the 
new location of a rule that has been relocated in the location it was 
previously found. The Commission has previously added cross references 
to its rule sections within its rules. See, e.g., October 2021 Order at 
para. 12 (``We also amend Sec.  73.606 of our rules by . . . adding a 
cross-reference to ``Sec.  73.622(j)'', which sets forth the updated 
Table of Allotments adopted in this Order.''). We believe that 
providing these cross-references would make it easier for users to 
become accustomed to the new structure. We seek comment on this 
proposal.

                        Table 1--Cross-References
------------------------------------------------------------------------
      Instead of referencing . . .               Reference . . .
------------------------------------------------------------------------
Sec.   73.614(b)(7)....................  Sec.   73.625(c)(1).
Sec.   73.616(a).......................  Sec.   73.622(a).
Sec.   73.616(b).......................  Sec.   73.622(d).
Sec.   73.616(c).......................  Sec.   73.619(d).

[[Page 8647]]

 
Sec.   73.616(e).......................  Sec.   73.620(d).
Sec.   73.616(g).......................  Sec.   73.620(f).
Sec.   73.622(b).......................  Sec.   73.622(j).
Sec.   73.622(c).......................  Sec.   73.623(b).
Sec.   73.622(e).......................  Sec.   73.619(c).
Sec.   73.622(f)(5)....................  Sec.   73.614(b)(6).
Sec.   73.622(f)(6)....................  Sec.   73.614(b)(1).
Sec.   73.622(f)(7)....................  Sec.   73.614(b)(2).
Sec.   73.622(f)(8)....................  Sec.   73.614(b)(3).
Sec.   73.622(h).......................  Sec.   73.611.
Sec.   73.622(i).......................  Sec.   73.622(j).
Sec.   73.623(c)(1)....................  Sec.   73.618(a).
Sec.   73.623(c)(2)....................  Sec.   73.620.
Sec.   73.623(c)(3)....................  Sec.   73.620(b).
Sec.   73.623(c)(4)....................  Sec.   73.620(a).
Sec.   73.623(c)(5)....................  Sec.   73.620(d).
Sec.   73.623(d).......................  Sec.   73.622(k).
Sec.   73.623(e).......................  Sec.   73.617(a).
Sec.   73.623(f).......................  Sec.   73.617(c).
Sec.   73.623(g).......................  Sec.   73.620(e).
Sec.   73.625(a).......................  Sec.   73.618.
Sec.   73.625(b).......................  Sec.   73.619(b).
Sec.   73.683(c).......................  Sec.   73.619(a).
Sec.   73.685(b).......................  Sec.   73.618.
Sec.   73.685(d).......................  Sec.   73.617(d).
Sec.   73.685(f).......................  Sec.   73.625(c).
Sec.   73.687(e).......................  Sec.   73.617(b).
------------------------------------------------------------------------

Protection of Land Mobile Radio Service

    Section 73.623(e) of the rules requires full power and Class A 
television stations to protect certain channels for use by LMRS in 
thirteen U.S. cities. 47 CFR 73.623(e) (Protection of land mobile 
operations on channels 14-20). In the proposed reorganization, this 
would be moved to new Sec.  73.617(a). For television stations that use 
or would use channels 14 through 20, the rule specifies a distance of 
250 kilometers from the city center of a co-channel land mobile 
operation, or 176 kilometers from the city center of an adjacent 
channel land mobile operation. The set of coordinates for the city 
centers were 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 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.'' Amendment of Parts 1, 2, 25, 73, 74, 90, and 97 of the 
Commission's Rules to Make Non-Substantive Editorial Revisions to the 
Table of Frequency Allocations and to Various Service Rules, Memorandum 
Opinion and Order, 23 FCC Rcd 3775, 3796, para. 61, n.101 (OET/OMD 
2008). 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. Id. 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 LMS database and with those found in Sec.  90.303(b) 
of the rules, which define the service that Sec.  73.623(e) protects. 
Section 90.303(b) (Availability of frequencies) defines the specific 
center points used to permit land mobile operations, which represent 
the specific locations that Sec.  73.623(e) 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 these rules would help to ensure that land mobile 
operations are more appropriately considered and protected from full 
power and Class A operations. We made a similar proposal in the Part 74 
NPRM at para. 12. We seek comment on this proposal.
    We also propose to amend Sec.  73.1620(a)(1) (Program tests) to 
remind full power and Class A television stations on channel 14 of the 
requirement found in Sec.  73.687(e)(4)(iii) that they request Program 
Test Authority (``PTA'') prior to commencing operation of new or 
modified facilities. We further propose to move 47 CFR 73.687(e)(3)-(4) 
to 73.617(b). We also propose to include a new sentence codifying the 
practice of requiring LPTV and translator stations on channel 14 to 
request PTA prior to beginning operation of new or modified facilities. 
We believe that adding rule text reflecting this practice consistently 
across all television services will better reflect the purpose of the 
requirement to protect existing land mobile operations. We seek comment 
on these proposed changes.

Coverage Area--Determining Coverage

    Section 73.625(b) of the Commission's rules describes how coverage 
and height above average terrain (HAAT) are to be calculated or 
determined. 47 CFR 73.625(b) (DTV coverage of principal community and 
antenna system--Determining coverage). In the proposed reorganization, 
this would be moved to Sec.  73.619(b) (Contours and service areas--
Determining coverage). This rule is largely derived from what was 
formerly Sec.  73.684(d) and (f) adopted by the Commission in December 
1963. See 28 FR 13572, 13678-79 (rel. Dec. 14, 1963) (Sec.  73.684 
(1963)). We propose changes to certain procedures contained in Sec.  
73.625(b) which we believe are obsolete, unnecessary, and are otherwise 
superseded by the software based tools that the FCC and industry use to 
prepare and process applications.
    We propose to remove the second sentence of paragraph (b)(2), which 
indicates that when the relative field strength at a depression angle 
is 90% or greater, the 100% value should be used. This would create a 
discontinuity in the contour, and is inconsistent with how software-
based tools used to process and prepare applications function. We seek 
comment on this proposal.
    We propose to eliminate the requirement to produce and submit 
profile graphs and to streamline the section in order to bring it into 
line with modern software-based tools used to determine contours and 
HAAT today. Specifically, the fifth and sixth sentences in paragraph 
(b)(4) of Sec.  73.625 discuss the creation and submission of a radial 
in the direction of the community of license. See Sec.  73.684(d) 
(1963) (Sec.  73.625(b)(4) was largely adapted from Sec.  73.684(d), 
and Sec.  73.684(d) itself had been condensed since the 1963 version of 
the rule. The 1963 version more clearly details the purpose and 
execution of the rule than the current text.). The rule does not 
require the use of a radial in the direction of the community of 
license in any other calculations, so with the elimination of the 
requirement to produce and submit profile graphs of radials, a rule 
that requires the calculation of this radial becomes unnecessary. 
Moreover, the software-based tools the Commission and industry use to 
process and prepare applications do not produce this radial. As such, 
we propose to delete the language. Paragraph (b)(4) also contains 
similar detail in the seventh and eighth sentences explaining how and 
when to produce and submit a profile graph for radials over water or 
foreign territory. Id. Again, with the elimination of the requirement 
to produce and submit profile graphs of radials, we believe this 
calculation for radials over water or foreign territory is unnecessary. 
The rule itself does not require the radials to be used in any other 
calculations and automated software used by the Commission and industry 
does not do this. As such, we propose to delete this language. We also 
propose to delete the companion language in Sec.  73.681 in the 
definition of ``antenna height above average terrain.'' We seek comment 
on these proposals.

[[Page 8648]]

    Next, paragraph (b)(4) describes how to plot the radials on a graph 
and provides a range of options for the number of points of elevation 
to use in each radial. We propose to conform the requirement to 
reference the TVStudy software currently used for preparing and 
processing applications, and specify the use of 10 points per kilometer 
in all circumstances consistent with present practice found in the 
TVStudy software used by the Commission and licensees to process and 
prepare applications. See Federal Communications Commission, Office of 
Engineering and Technology, TVStudy Interference Analysis Software, 
https://www.fcc.gov/oet/tvstudy (the ``FCC Contours'' screen in the 
``Parameters'' tab of TVStudy provides a default value of 10 points per 
kilometer using the default Interference Check template). We seek 
comment on this proposal.
    We propose additional deletions in the rule that we believe are 
also unnecessary. There are several sentences in paragraph (b)(4) which 
describe how such graphs should be formatted for submission to the FCC. 
For example, the rule specifies that the graphs may be plotted on 
``rectangular coordinate paper'' or on ``special paper which shows the 
curvature of the earth.'' See also Sec.  73.684(d) (1963). Because we 
propose to eliminate the requirement to submit profile graphs, we also 
propose to delete the formatting requirements. The rule also provides 
multiple options on how to obtain elevation points. The software 
currently used by the Commission and industry, however, simply averages 
the points as provided in the first option. We propose to delete that 
text on options to obtain elevation points and clarify the use of the 
average of points elsewhere in the paragraph. Finally, we propose to 
add a sentence clarifying that actual calculated values are used to 
determine the HAAT, and to eliminate the final two sentences of 
paragraph (b)(4) which are no longer used with the conversion from 
analog to digital. Specifically, this language is no longer necessary 
due to the change from the requirements of providing a city grade 
strength signal of 74-80 dBu, depending on channel, to a principal 
community strength signal of 35-48 dBu depending on channel. The last 
two sentences of Sec.  73.625(b)(4) are derived from the last two 
sentences of Sec.  73.684(f) (1963), which addressed a situation where 
the adopted predictive coverage methodology would result in a negative 
HAAT or an HAAT below 100 feet at a number of radials at two and 10 
mile intervals. In that case, an applicant could make a supplemental 
showing. As an example, when a supplemental showing could be made, the 
rule explained that ``a mountain ridge may indicate the practical limit 
of service although the prediction method may indicate otherwise. In 
such cases the prediction method should be followed but a supplemental 
showing may be made concerning the contour distances as determined by 
other means.'' To give an example why the last two sentences of Sec.  
73.625(b)(4) are obsolete, the standard contour prediction method would 
show that the television stations in Juneau, Alaska, had a negative 
HAAT due to surrounding terrain even though the stations' transmission 
facilities are located in Juneau, which is surrounded by mountains. 
With the conversion from analog to digital, the use of the city grade 
contour to determine community coverage was replaced with the use of 
the minimum service level contour, which tends to be significantly 
larger, making the issue of an inability to reach the community of 
license that this rule was designed to capture significantly less 
likely. We see comment on these proposals.
    Section 73.625(b)(5) specifies a number of paper maps which should 
be used to prepare the profile graphs described in paragraph (b)(4), 
and to determine the location and height above sea level of the antenna 
height. See 47 CFR 73.625(b)(5). This rule is largely derived from 
Sec.  73.684(g) (1963). We believe that multiple references to various 
sources of paper maps contained in the rule are outdated methods to 
make these types of calculations. We therefore propose to remove those 
references to outmoded paper maps and replace them with a reference to 
the National Elevation Dataset and other similar bald earth terrain 
datasets which are used by modern automated software currently used by 
the Commission and industry. In a new paragraph (b)(6), we propose to 
clarify that we generally expect these calculations to be done via 
computer, versus the preference for paper calculations that was 
specified previously, and then indicate that to the extent a submission 
to the Commission uses sources different from those officially 
reflected in our rules, those sources should be clearly identified in 
the submission. For example, community coverage is demonstrated by 
providing a map, which applicants sometimes produce using software like 
V-Soft Probe. Applicants should clearly identify the software being 
used to produce their engineering showings. We seek comment on these 
proposals.

Antenna Patterns

    We propose to clarify, in Sec.  73.625(c)(3)(ii) of the rules, 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. This proposed requirement is consistent with 
stations being primarily horizontal, with a possible vertical component 
less than or equal to the horizontal component. Most stations already 
submit this documentation in their applications. This clarification is 
consistent with the requirements contained in Sec.  73.682(a)(14). See 
47 CFR 73.682(a)(14) (TV transmission standards) (``It shall be 
standard to employ horizontal polarization.''). See also 47 CFR 
73.316(a) (FM antenna systems). We also propose to update the rule to 
reflect that the LMS filing system permits an alternate method of 
specifying mechanically beam tilted facilities. The proposed rule 
indicates the alternate method is preferable because it provides a 
three-dimensional representation of the antenna, allowing for more 
accurate predictions with OET Bulletin No. 69. But we continue to allow 
the previous method in order to avoid imposing any additional burden on 
stations that were previously authorized using the previous mechanical 
beam tilt method. We seek comment on these proposals.
    Section 73.625(c)(3)(v) 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. See proposed Sec. Sec.  
73.625(c)(3)(vi) and 73.625(c)(3)(vii). This approach would provide 
flexibility to applicants and conform to modern practices. We seek 
comment on this proposal.

Subscription TV (STV) Rules

    Sections 73.641 through 73.644, 73.4247, 73.6026, and 74.732(e) 
contain the rules that allowed analog full power, Class A, and low 
power television stations to offer a subscription television service 
``for a fee or charge.'' See 47 CFR 73.641(b). See generally Amendment 
of Part 73 of the Commission's Rules and Regulations in Regard to 
Section 73.642(a)(3) and other Aspects of the Subscription Television 
Service, Docket No. 21502, Fourth Report and Order, 95

[[Page 8649]]

FCC 2d 457 (1983) and other Commission Orders and Notices in Docket No. 
21502 at nn.1-3. Under these rules, analog stations could offer 
television services during part of the broadcast day, usually during 
the evening hours, on a subscription basis by sending scrambled signals 
through the air that could be decoded by a device that the subscriber 
used and had installed by the STV provider at their television 
receiver. Amendment of Part 73 of the Commission's Rules and 
Regulations in Regard to Section 73.642(a)(3) and Other Aspects of the 
Subscription Television Service, Docket No. 21502, Third Report and 
Order, 90 FCC 2d 341, 344-5, para. 9 (1982).
    As of May 1, 1982, there were 27 analog stations that were 
operating in an STV mode in 18 different markets serving over 1,300,000 
subscribers. Id. at 344, para. 8. Upon transitioning to digital in 2009 
however, digital television stations are required to transmit one over-
the-air video program signal at no direct charge to viewers on their 6 
MHz channel and are permitted to provide STV-type services on an 
ancillary or supplementary basis to their primary digital television 
service. See 47 CFR 73.624(a) and (c) (Digital television broadcast 
stations); 74.790(i) (Permissible service of TV translator and LPTV 
stations) (television stations are permitted to offer services of any 
nature, consistent with the public interest, convenience, and 
necessity, on an ancillary or supplementary basis, including 
``subscription video''). With the elimination of analog service, there 
are no full power television stations operating pursuant to the STV 
rules and LMS does not permit the filing of applications or requests to 
operate in an STV mode. Sections 73.642(b) (Subscription TV service) 
and 74.732(e) (Eligibility and licensing requirements) require that 
stations notify the Commission when they commence STV operations, and 
that full power and Class A stations notify the Commission when they 
discontinue STV operations or change their encoding equipment. The 
Bureau has not received any such filings in at least the past 25 years. 
Accordingly, these STV rules are obsolete and we propose to eliminate 
them. See 47 CFR 73.641 (Subscription TV definitions), 73.642 
(Subscription TV service), 73.643 (Subscription TV operating 
requirements), 73.644 (Subscription TV transmission systems), and 
73.4247 (STV: Competing applications). We seek comment on this 
proposal.
    If we adopt this proposal, we would also amend part 73 and part 74 
rules to remove references to STV and ``subscription television 
service.'' See 47 CFR 73.1201(d) (Station identification for 
subscription television stations); 74.701(f) (Low power TV station); 
73.682(b) (Subscription TV technical systems); 73.6026 (deleting cross-
references to 73.642-73.644) (Broadcast regulations applicable to Class 
A television stations); and 74.732(e) (Eligibility and licensing 
requirements). We seek comment on this proposal.

Special Criteria for Converting Vacant Commercial Channels to Reserved 
Status

    In 2000, the Commission adopted a needs based test for future 
rulemakings allowing noncommercial educational (NCE) entities to 
request that ``non-reserved channels not already in the Table of 
Allotments be added and reserved for NCE use.'' See Reexamination of 
the Comparative Standards for Noncommercial Educational Applicants, MM 
Docket No. 95-31, Report and Order, 15 FCC Rcd 7386, 7434, para. 114 
(2000); Reexamination of the Comparative Standard for Noncommercial 
Educational Applicants, MM Docket No. 95-31, Second Report and Order, 
18 FCC Rcd 6691 (2003). This needs-based test is reflected in Sec.  
73.622(a). 47 CFR 73.622(a) states in relevant part:

    Where there is only one technically available channel available 
in a community, an entity that would be eligible to operate a 
noncommercial educational broadcast station may, prior to 
application, initiate a rulemaking proceeding requesting that an 
unoccupied or new channel in the community be changed or added as 
reserved only for noncommercial educational broadcasting upon 
demonstrating that the noncommercial educational proponent would 
provide a first or second noncommercial educational TV service to 
2,000 or more people who constitute 10% of the population within the 
proposed allocation's noise limited contour.

    Since the Commission adopted this needs based test in 2000, the 
Media Bureau has never been asked to apply it to television stations. 
Further, the television band has been reallocated and repacked from 
channels 2-69 to channels 2-36, significantly decreasing the number of 
available channels. We therefore propose to amend Sec.  73.622(a) to 
remove this language as we do not believe it serves a practical purpose 
in the current environment. We do not intend, however, to eliminate the 
ability of an NCE entity to reserve one of the few vacant television 
channels currently in the Table of TV Allotments. We note that there 
remain nine channels in the Table of TV Allotments that are allotted 
but not currently licensed. These channels were recently offered in 
Auction 112 but none of the channels received any bid offers and they 
were returned to the Commission. See Auction of Construction Permits 
For Full Power Television Stations Closes, Public Notice, DA 22-659 
(rel. June 23, 2022). We note that an NCE entity may still file a 
rulemaking petition to request that the Commission reserve the channel 
for noncommercial educational use, without being required to rely on 
the special process enumerated in Sec.  73.622(a). We seek comment on 
this proposal.

Other Technical and Miscellaneous Updates

    Special Service Authorization. Section 73.3543 (Application for 
renewal or modification of special service authorization) provides that 
no new special service authorizations may be issued after 1958, 
however, renewals or modifications will be considered in certain 
circumstances. The Media Bureau is unaware of any such authorizations 
today, and thus we tentatively conclude the rule is obsolete and can be 
deleted. We therefore propose to delete the rule and seek comment on 
this proposal.
    Broadcast Data Bases. Section 0.434 (Data bases and lists of 
authorized broadcast stations and pending broadcast applications) 
refers to Broadcast Application Processing System (BAPS), which is a 
legacy database system that has not been in use at the Commission for 
many years. The Media Bureau currently uses LMS for application 
processing, which replaced the prior Consolidated Database System 
(CDBS) system over the past few years (except with respect to certain 
AM operations), which itself replaced BAPS around the year 2000. Thus, 
the reference to BAPS is obsolete and we propose to delete it and seek 
comment on this proposal. We additionally propose to remove the word 
``periodically'' since an updated LMS download is provided daily, 
remove the link to ``ftp.fcc.gov'' since LMS data is not provided 
there, and update the reference to ``mass media services'' to instead 
specify ``Media Bureau.'' We also propose to delete the sentences 
stating that paper copies of lists of stations and applications are 
available for inspection at the Commission or on microfiche at the 
Commission's Reference Information Center. We further propose to delete 
the sentence that lists can be purchased from the FCC's duplicating 
contractor since the Commission has not contracted with a commercial 
duplicating firm pursuant to Sec.  0.465(a) of the rules for a number

[[Page 8650]]

of years. We seek comment on these proposals.
    Distributed Transmission System Rule Clarification. In January 
2021, the Commission adopted updated rules in Sec.  73.626 relating to 
Distributed Transmission Systems. See Rules Governing the Use of 
Distributed Transmission System Technologies Authorizing Permissive Use 
of the ``Next Generation'' Broadcast Television Standard, MB Docket No. 
20-74 and GN Docket No. 16-142, Report and Order, 36 FCC Rcd 1227 
(2021) (2021 DTS Order). Since that time, questions have arisen about 
how the rules are to be applied. For example, the rule text makes 
several references to the term ``reference facility'' without defining 
that term, and appears to inaccurately conflate the reference point 
with the coordinates of the facility which produces the authorized 
service area. To make the intent and application of the rule less 
ambiguous, we propose to modify language in Sec.  73.626(b) and (f)(2). 
We propose to define the term ``authorized facility'' (the proposed 
Sec.  73.626(b) states that ``For purposes of compliance with this 
section, a station's `authorized service area' is defined as the area 
within its predicted noise-limited service contour determined using the 
facilities authorized for the station in a license or construction 
permit for non-DTS, single-transmitter-location operation (its 
``authorized facility'').'') and then replace all uses of the term 
``reference facility'' with the term ``authorized facility'' in the 
appropriate locations. See proposed Sec.  73.626(f)(2)(i)-(iii). The 
proposed Sec.  73.626(b) states that ``For purposes of compliance with 
this section, a station's `authorized service area' is defined as the 
area within its predicted noise-limited service contour determined 
using the facilities authorized for the station in a license or 
construction permit for non-DTS, single-transmitter-location operation 
(its ``authorized facility'').'' We further propose to replace the term 
``reference point'' with ``site of its authorized facility'' in places 
where the term ``reference point'' is improperly used. See proposed 
Sec.  73.626(f)(2)(ii)-(iii). Finally, we propose to clarify when 
specifically the Table of Distances values should be applied. See 
proposed Sec.  73.626(f)(2)(i)-(ii).We believe this clarifying language 
will better reflect the method described in the 2021 DTS Order and used 
in processing such applications. We also propose to remove language 
from Sec.  73.626(f)(2) which is improperly specific to the station's 
authorized service area. As written, the language incorrectly implies 
that the Table of Distances circle is not applicable here. We seek 
comment on these proposals.
    Transport Stream ID. All full-power and Class A TV stations are 
assigned a unique transport stream ID (TSID), which is required to be 
transmitted in order to provide the Program and System Information 
Protocol (PSIP) data required by Sec.  73.682(d) (Broadcast television 
transmission standard). Consistent with that rule, we propose to 
clarify that all such stations must broadcast with their assigned TSID 
during their hours of operation. See proposed Sec.  73.1201 (Station 
identification); see also proposed Sec.  74.783(d) in the Part 74 NPRM 
at para. 17. In its Second Periodic Review, the Commission stated that 
``broadcasters are required to transmit the TSIDs assigned for their 
stations in their digital transmission.'' See Second Periodic Review, 
19 FCC Rcd at 18347-48, para. 153. We believe that it is in the public 
interest to move this requirement into a separate rule for ease of 
reference. Similarly, 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, in order to promote consistency. We 
seek comment on these proposals.
    Class A U.S.-Mexico Border Zone. Full power television stations are 
required to use full service masks to attenuate the power level of 
emissions outside their authorized channel of operation in specified 
amounts expressed in decibels (dB). See 47 CFR 73.622(h) (describing 
required attenuated power limits of emissions of frequencies outside 
the authorized channel of operation for full power television 
stations). Section 74.794, which allows LPTV/TV translators to specify 
use of a simple, stringent, or full service mask, also applies to Class 
A television stations. See 47 CFR 73.6024(d) and 74.794(a)(2). Section 
74.794(a)(2)(i)-(iii) defines the required attenuated power limits of 
emissions outside the authorize channel of operation for each type of 
mask. The Commission's rules require coordination of applications in 
border regions with the neighboring countries' appropriate regulatory 
officials. Under the Exchange of Coordination Letters with IFT 
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum, 
signed between the FCC and Mexico's Instituto Federal de 
Telecomunicaciones (IFT) in July 2015, the use of Tables 1 and 6 were 
approved for television station realignment. See Letter to Ricardo 
Casta[ntilde]eda Alvarez Director General de Ingenieria y Estudios 
T[eacute]cnicos, IFT, from Mindel De La Torre, Chief, International 
Bureau (July 15, 2015) and Letter to Mindel De La Torre, Chief, 
International Bureau, from Alejandro Navarrete Torres, IFT (July 15, 
2015) (collectively, ``Exchange of Coordination Letters with IFT 
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum''). 
See International Agreements, available at: https://www.fcc.gov/general/international-agreements. Class A stations approved by Mexico 
in Table 6 are grouped with full-service stations. There is no 
allowance for use of a simple or stringent emission mask for any 
operation within these Tables; however, Sec.  73.6024(d) applies to 
coordination of stations in proximity of the U.S. border with Mexico. 
It is the Media Bureau staff's experience that IFT routinely requests 
that applications submitted for coordination of Class A stations 
specify a full-service emission mask, and if such applications do not 
initially specify the full-service emission mask, IFT asks for it to be 
included in an amendment. This two-step process increases the 
processing burdens on the FCC, IFT, and stations, and results in delays 
in granting applications. Therefore, we propose to amend Sec.  
73.6024(d) to require Class A stations within 275 kilometers of the US-
Mexico border to specify a full-service emission mask in any 
modification application. We seek comment on this proposal.
    Class A Antenna System. We propose to delete language in Sec.  
73.6025(a) that we find is almost identical to that in Sec.  
73.625(c)(3). 47 CFR 73.6025(a) (Antenna system and station location) 
(setting forth required showing when proposing to use a directional 
antenna system) and 73.625(c)(3) (DTV coverage of principal community 
and antenna systems). These rule sections provide similar requirements 
regarding how applicants should describe and document antenna patterns 
submitted in their applications. Some sections are identical 
(specifically, Sec.  73.625(c)(3)(iii) is identical to Sec.  
73.6025(a)(3), Sec.  73.625(c)(3)(iv) is identical to Sec.  
73.6025(a)(4), and Sec.  73.625(c)(3)(vi) is identical to Sec.  
73.6025(a)(5)), but in others there are a few minor differences. 
Specifically, comparing Sec.  73.625(c)(3)(i) with Sec.  73.6025(a)(1), 
although two sentences found in the latter concerning descriptions of 
antenna systems are not specifically contained in Sec.  
73.625(c)(3)(i), we believe these sentences are explanatory and 
sufficiently captured in the requirement in Sec.  73.625(c)(3)(i) that 
a ``[c]omplete description of the proposed antenna

[[Page 8651]]

system'' be included. Currently, Sec.  73.625(c)(3)(ii) also differs 
slightly from Sec.  73.6025(a)(2) in that it specifies a different 
orientation of the included antenna plots, but is otherwise identical 
and would provide the same information to the Commission. We propose to 
modify Sec.  73.625(c)(3)(ii). Finally, while there is no equivalent to 
Sec.  73.625(c)(3)(v) in Sec.  73.6025; that subpart merely describes 
the format of the otherwise-required tabulations. We propose to modify 
Sec.  73.625(c)(3)(v). We are also proposing in this NPRM to add new 
Sec. Sec.  73.625(c)(3)(vii) and (viii) to account for stations 
submitting elevation or matrix patterns. See id. We find that the very 
minor distinctions between the language in the two sections are 
insignificant and that no purpose is served by having two essentially 
duplicative rules in part 73. Class A licensees are required to comply 
with all part 73 regulations except for those that cannot apply for 
technical or other reasons. Class A Report and Order, 15 FCC Rcd at 
6365, para. 23. Section 73.625(c)(3) is clearly a rule with which they 
can comply. We instead propose to also cross-reference Sec.  
73.625(c)(3) in Sec.  73.6025(a), eliminating the duplication but 
making clear that the requirements in Sec.  73.625(c)(3) continue to 
apply to Class A television stations. We seek comment on this proposal.
    Minimum Video Program Requirements. As noted above, we propose to 
delete much of Sec.  73.624(b). Section 73.6026 (Broadcast regulations 
applicable to Class A television stations) lists section 73.624 as a 
rule applicable to Class A stations. It also includes a note stating 
that ``Section 73.624(b) will apply only to the extent that such 
stations must also transmit at least one over-the-air video program 
signal at no direct charge to viewers of the digital Class A station.'' 
Such language is also included in 73.624(b) and so we propose to remove 
that text in 73.6026 as duplicative. We also propose to clarify that 
this change would mandate the use of a minimum 480i video resolution by 
Class A stations. This requirement is consistent with full-power and 
LPTV/translator stations (as proposed in the Part 74 NPRM), and we 
believe it is reasonable to also apply it consistently to Class A 
stations. See Part 74 NPRM at para. 25. We seek comment on this 
conclusion.
    Transmitting Antenna Site. Section 73.683(c)(1), which we propose 
to move to new Sec.  73.619(a)(1), refers to the estimation of a 
station's coverage area based on a ``particular transmitter site.'' We 
note that our application forms do not request information about the 
location of a station transmitter but of its antenna instead. 
Therefore, we propose to modify the language in the rule to refer 
instead to a ``particular transmitting antenna site.'' We believe this 
proposal is consistent with language that has been used in other parts 
of the rules (see e.g., 47 CFR 73.622(d)), and with a proposal made in 
the Part 74 NPRM. See Part 74 NPRM at para. 24 (``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.''). Accordingly, we seek comment on 
this proposal.
    Corrections To Inadvertent Oversights From Prior Rulemakings. In 
Sec.  73.616(e), which we propose to relocate to new Sec.  73.620(d) 
(Interference calculation and protection of TV broadcast services), the 
rule text appears to be incomplete and contradictory. Paragraph (1) 
indicates the OET Bulletin No. 69 method of determining coverage and 
interference shall be used, then indicates that ``[t]he threshold 
levels at which interference is considered to occur are:'' but none 
follow. Paragraph (2) implies the use of contour analysis to determine 
protection of Class A television stations, but does so while making use 
of the unspecified threshold levels from paragraph (1). Paragraph (3) 
indicates that a request for a waiver of the interference protection 
requirements of the rule may be made using the Longley-Rice terrain 
dependent propagation methods contained in OET Bulletin No. 69, in 
contradiction to paragraph (1) which specifies that OET Bulletin No. 69 
shall be used. Because these elements make the requirements of the rule 
difficult to decipher, we propose to remove paragraphs (1), (2), and 
(3) entirely and streamline the remaining paragraph (e) as a new Sec.  
73.620(d), replacing the description of the OET Bulletin No. 69 in 
paragraph (1) with a cross-reference to paragraphs (a) and (b) of the 
new Sec.  73.620, which specifies the same method. We seek comment on 
this proposal.
    In the October 2021 Order, the Commission deleted Sec.  73.623(g) 
as obsolete because it addressed the digital transition. See October 
2021 Order at para. 13, n.44. Deletion of the section, however, 
inadvertently eliminated from the rules the allowance for negotiated 
agreements on interference among applicants and licensees. We propose 
to restore this allowance that was previously contained in Sec.  
73.623(g), modify the language to delete language referring to stations 
operating on channels allotted in Sec.  73.622(b), the initial DTV 
Table, and place it in a new Sec.  73.620(e). This would clarify in our 
rules that stations may continue to negotiate agreements on 
interference consistent with past and present practice. We seek comment 
on this proposal.
    In the Part 74 Order, the Commission revised or removed certain 
paragraphs of Sec.  74.787 to reflect the LPTV and translator 
transition from analog to digital operations, clean up duplicate 
sections that were contained in both the analog and digital portions of 
part 74, and provide accurate information about current Commission 
forms. See Part 74 Order at paras. 6-7, nn. 22 and 25-28. The Part 74 
Order revised Sec.  74.787(a)(5)(i) regarding applications for analog-
to-digital replacement translators (DRTs) and digital-to-digital 
replacement television translators (DTDRTs) to state that 
``[a]pplications for new DRTs and DTDRTs are no longer accepted.'' The 
Part 74 Order also removed the first sentence of paragraph (a)(5)(v). 
We propose to further amend the text of the rule by clarifying in the 
now first sentence of paragraph (a)(5)(v) that the pre-auction digital 
service area is the noise-limited contour of the full power station 
that was protected in the incentive auction repacking process and 
removing reference to a 2015 public notice. See 47 CFR 74.787(a)(5)(v) 
(Licensing); see also Incentive Auction Task Force Releases Revised 
Baseline Data and Prices for Reverse Auction; Announces Revised Filing 
Window Dates, Public Notice, DA 15-1296, 30 FCC Rcd 12559 (Nov. 12, 
2015). Because we no longer allow applications for new applications for 
DTDRTs, we believe the reference to the public notice data is no longer 
necessary and the inclusion of the additional explanation of the pre-
auction digital service area for stations that already hold DTDRTs 
provides a clearer definition. We seek comment on this proposal.

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

[[Page 8652]]

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. 605(b), 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 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 transition from 
analog to digital-only operations and the post-incentive auction 
transition to a smaller television band with fewer channels. This NPRM 
proposes to delete, update, or otherwise revise Commission rules that 
no longer have any practical effect given these historic changes. This 
NPRM also seeks to restructure subpart E of part 73 of the Commission's 
rules (47 CFR subchapter C, part 73), which largely consists of the 
technical licensing, operating, and interference rules for full power 
television. Finally, this NPRM proposes additional amendments to the 
full power and Class A rules, including technical updates and proposals 
to delete, update, and/or amend outdated rules.
    This NPRM proposes to adopt revisions to part 73 to reflect that 
all television services have ceased analog operations, and the 
conversion to digital television technology. Similarly, this NPRM 
proposes to amend rule section headings and language in part 73 to 
remove references to DTV and digital television service since all 
television services have transitioned from analog to digital operations 
and thus, there is no further need to differentiate between two 
separate kinds of service. In addition, this NPRM proposes to delete 
outdated rules that are no longer valid given changes in Commission-
adopted policy. This NPRM also proposes to update Commission rules to 
reference the current designation for form numbers, require electronic 
filing in LMS, and remove obsolete forms. In addition, this NPRM 
proposes to make a number of other corrections and updates to the full 
power television and Class A rules, including to correct inadvertent 
oversights in prior rulemakings.
    In addition, this NPRM seeks to add an explanatory note to Sec.  
73.623 to reference and explain the existence of a granted waiver with 
respect to the community of Los Angeles, California. Section 73.623 of 
the rules requires television stations to protect certain channels for 
use by the land mobile radio service in thirteen U.S. cities listed in 
the rule. In 2008, the Commission's Public Safety and Homeland Security 
Bureau granted a waiver pursuant to Sec.  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. Because this channel 
is adjacent to two channels contained in Sec.  73.623, this NPRM 
asserts that the public interest is served by including a Note 
explaining the existence of the 2008 waiver.
    To reflect the fact that the post-incentive auction closed on April 
13, 2017, this NPRM proposes to amend Sec.  73.3700(a)(2) to add the 
citation to the Channel Reassignment Public Notice that was released by 
the Commission's Media and Wireless Telecommunications Bureaus and 
Incentive Auction Task Force announcing the completion of the auction 
and deadlines for stations assigned new channels through the repacking 
process to terminate operations on pre-auction channels. This NPRM also 
proposes to delete as obsolete certain definitions that relate to the 
bid options that were available to full power and Class A television 
broadcasters eligible to participate in the incentive auction. This 
NPRM proposes to delete as obsolete procedural rules that governed the 
post-incentive auction period for stations to transition off their pre-
auction channel, which ended on July 13, 2020, including the portions 
of the rule pertaining to the special post-incentive auction 
displacement filing window which closed on June 1, 2018, and applied to 
low power television and television translator stations (``LPTV/TV 
translators'') displaced by the auction.
    Regarding the listing of FCC policies in Sec. Sec.  73.4000 et 
seq., which provide certain FCC policies and citations related to all 
broadcast stations for the purpose of reference and convenience, this 
NPRM proposes to amend a number of rules that are now otherwise 
obsolete or require updates. For example, this NPRM proposes to update 
rules to reflect the availability of newer versions of procedures and 
Commission orders such as the ``The Public and Broadcasting'' procedure 
manual.
    This NPRM proposes to delete obsolete language due to the passage 
of time and other changes in Commission policy, including language 
related to the protection of pre-transition DTV applications filed 
before December 31, 1999, or between December 31, 1999, and May 1, 
2000, certain waiver requests related to the incentive auction, 
displacements of Class A stations due to digital channel allotment 
changes by full power television stations that have since been 
resolved, the period of construction for an original construction 
permit which tolled for certain reasons of international coordination 
during the DTV transition, the certification of equipment that the 
Commission no longer accepts, and references to mutually exclusive 
renewal proceedings for applications filed prior to May 1, 1995. This 
NPRM also proposes to delete past license renewal application filing 
dates for all radio and television broadcast stations, and provide 
updated dates.
    During the course of the transition to from analog to digital 
television, the Commission adopted a number of rules, many of which 
were temporary and meant to be effective only during the transition. 
Others, however, had more long term application to digital operations. 
Because the more long term rules were adopted at the same time as 
temporary rules, the long term rules are currently not organized in a 
straight forward or user-friendly manner. As a result, this NPRM seeks 
to reorganize subpart E of part 73, including creating cross-references 
to the rules reorganized

[[Page 8653]]

for ease, in order to make the rules more practical and easier to find.
    This NPRM also seeks comment on updating the coordinates found in 
Sec.  73.623(e) from North American Datum (``NAD'') 27 to NAD 83 and 
otherwise 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.  73.623(e) protects.
    In addition, this NPRM proposes to amend Sec.  73.1620(a)(1) to 
remind full power and Class A television stations on channel 14 of the 
requirement found in Sec.  73.687(e)(4)(iii) that they request Program 
Test Authority (``PTA'') prior to commencing operation of new or 
modified facilities. This NPRM also proposes to amend the rule to 
require LPTV and translator stations on channel 14 to request PTA prior 
to beginning operation of new or modified facilities.
    This NPRM also proposes a number of changes to the rules which are 
obsolete, unnecessary, and are otherwise superseded by the software 
based tools that the Commission and industry use to prepare and process 
applications. Also, Sec.  73.625 specifies a number of paper maps which 
should be used to prepare the profile graphs and to determine the 
location and height above sea level of the antenna height. This NPRM 
proposes to remove those references to outmoded paper maps and replace 
them with a reference to the National Elevation Dataset and other 
similar bald earth terrain datasets which are used by modern automated 
software currently used by the Commission and industry. This NPRM 
proposes to clarify that Commission staff generally expects these 
calculations to be done via computer, versus the preference for paper 
calculations that was specified previously, and then indicate that to 
the extent a submission to the Commission uses sources different from 
those officially reflected in the Commission's rules, those sources 
should be clearly identified in the submission.
    This NPRM proposes to clarify, in Sec.  73.625(c)(3)(ii) of the 
rules, 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. This NPRM also proposes to update the 
rule to reflect that the LMS filing system permits an alternate method 
of specifying mechanically beam tilted facilities. The proposed rule 
indicates the alternate method is preferable because it provides a 
three-dimensional representation of the antenna, allowing for more 
accurate predictions with OET Bulletin No. 69. But the Commission 
continues to allow the previous method in order to avoid imposing any 
additional burden on stations that were previously authorized using the 
previous mechanical beam tilt method.
    Section 73.625(c)(3)(v) 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. This 
NPRM proposes 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.
    With the elimination of analog service, there are no full power 
television stations operating pursuant to the subscription television 
(``STV'') rules, which allowed analog stations to offer a subscription 
television service ``for a fee or charge'' given that there are no full 
power television stations operating pursuant to the STV rules and 
digital television stations are permitted to provide STV-type services 
on an ancillary or supplementary basis to their primary digital 
television service, and LMS does not permit the filing of applications 
or requests to operate in an STV mode. Accordingly, Sec. Sec.  73.641 
through 73.644, 73.4247, 73.6026, and 74.732(e) are obsolete and we 
propose to eliminate them.
    In 2000, the Commission adopted a needs based test in Sec.  
73.622(a) for future rulemakings allowing noncommercial educational 
(NCE) entities to request that ``non-reserved channels not already in 
the Table of Allotments be added and reserved for NCE use.'' This NPRM 
proposes to amend Sec.  73.622(a) to remove this language as Commission 
staff does not believe it serves a practical purpose in the current 
environment. Commission staff does not intend, however, to eliminate 
the ability of an NCE entity to reserve one of the few vacant 
television channels currently in the Table of TV Allotments. An NCE 
entity may still file a rulemaking petition to request that the 
Commission reserve the channel for noncommercial educational use, 
without being required to rely on the special process enumerated in 
Sec.  73.622(a).
    Section 73.3543 provides that no new special service authorizations 
may be issued after 1958, however, renewals or modifications will be 
considered in certain circumstances. The Commission staff is unaware of 
any such authorizations today, and the Commission tentatively concludes 
the rule is obsolete and can be deleted. This NPRM proposes to delete 
the rule and seeks comment on this proposal.
    Section 0.434 refers to the Broadcast Application Processing System 
(BAPS), which is a legacy database system that has not been in use at 
the Commission for many years. The NPRM proposes to update the rule to 
reflect the current application television filing and processing 
databases and methods for viewing the databases.
    In January 2021, the Commission adopted updated rules in Sec.  
73.626 relating to Distributed Transmission Systems (``DTS''). Since 
that time, questions have arisen about how the rules are to be applied. 
To make the intent and application of the rule less ambiguous, this 
NPRM proposes to modify language in 73.626(b) and (f)(2) to define 
certain terms and make clarifications that will better reflect the 
method described in the 2021 DTS Order and used in processing such 
applications.
    All full-power and Class A TV stations are assigned a transport 
stream ID (``TSID''), which is required to be transmitted in order to 
provide the Program and System Information Protocol (``PSIP'') data 
required by Sec.  73.682(d). Consistent with that rule, this NPRM 
proposes to clarify that all such stations must broadcast with their 
assigned TSID during their hours of operation. For the same reason, the 
NPRM proposes 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.
    The Commission's rules require coordination of applications in 
border regions with the neighboring countries' appropriate regulatory 
officials. Under the Exchange of Coordination Letters with IFT 
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum, 
signed between the FCC and Mexico's Instituto Federal de 
Telecomunicaciones (``IFT'') in July 2015, Class A stations approved by 
Mexico are grouped with full-service stations. It is the Media Bureau 
staff's experience that IFT routinely requests that applications 
submitted for coordination of Class A stations specify a full-service 
emission mask, and if such applications do not initially specify the 
full-service emission mask, IFT asks for it to be included in an 
amendment. This two-step process increases the processing burdens on 
the FCC, IFT, and stations, and results in delays in granting 
applications. Therefore, this NPRM proposes to amend Sec.  73.6024(d)

[[Page 8654]]

to require Class A stations within 275 kilometers of the US-Mexico 
border to specify a full-service emission mask in any modification 
application.
    This NPRM proposes to delete language in Sec.  73.6025(a) that is 
almost identical to that in Sec.  73.625(c)(3). These rule sections 
provide similar requirements regarding how applicants should describe 
and document antenna patterns submitted in their applications. This 
NPRM proposes to cross-reference Sec.  73.625(c)(3) in Sec.  
73.6025(a), eliminating the duplication but making clear that the 
requirements in Sec.  73.625(c)(3) continue to apply to Class A 
television stations. We seek comment on this proposal.
    Section 73.6026 lists Sec.  73.624 as a rule applicable to Class A 
stations. It also includes a note stating that ``Section 73.624(b) will 
apply only to the extent that such stations must also transmit at least 
one over-the-air video program signal at no direct charge to viewers of 
the digital Class A station.'' Such language is also included in Sec.  
73.624(b) and so this NPRM proposes to remove that text in Sec.  
73.6026 as duplicative. This NPRM also proposes to clarify that this 
change would mandate the use of a minimum 480i video resolution by 
Class A stations, consistent with our proposal with respect to full 
power and LPTV/translator stations in our earlier adopted Part 74 NPRM, 
FCC 22-58, (rel. July 13, 2022).

Legal Basis

    The proposed action is authorized under sections 1, 4, 301, 303, 
307, 308, 309, 310, 316, 319, and 336 of the 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 rules, 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 the impacted 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 June 2022, there were 1,372 
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 that as of June 2022, there were 384 
licensed noncommercial educational (NCE) television stations, 383 Class 
A TV stations, 1,865 LPTV stations and 3,224 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 June 30, 2022, there were 4,498 
licensed commercial AM radio stations and 6,689 licensed commercial FM 
radio stations, for a combined total of 11,187 commercial radio 
stations. Of this total, 11,185 stations (or 99.98%) had revenues of 
$41.5 million or less in 2021, according to Commission staff review of 
the BIA Kelsey Inc. Media Access Pro Database (BIA) on June 1, 2022, 
and therefore these licensees qualify as small entities under the SBA 
definition. In addition, the Commission estimates that as of June 30, 
2022, there were 4,184 licensed noncommercial (NCE) FM radio stations, 
2,034 low power FM (LPFM) stations, and 8,951 FM translators and 
boosters. 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

[[Page 8655]]

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 NPRM proposes modified reporting requirements. The Commission 
seeks comment on whether television 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. Similarly, the Commission 
seeks comment on its proposals to update Commission rules to reference 
the current designation for form numbers, require electronic filing in 
LMS, and remove obsolete forms. Should the Commission ultimately decide 
to adopt these requirements, they would result in a modified paperwork 
obligation. 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 television stations to submit 
certain notifications in LMS. If adopted, the Commission will seek 
approval and the corresponding burdens to account for this modified 
reporting requirement. We expect the comments we receive from the 
parties in the proceeding, including cost and benefit analyses, will 
help the Commission to identify and evaluate compliance costs and 
burdens for small businesses that may result from the matters discussed 
in the NPRM.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    The RFA requires an agency to describe any significant 
alternatives, specifically small business, 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 such small entities; (3) the 
use of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities. See 5 U.S.C. 603(c)(1)-(4).
    This NPRM seeks comment on a number of proposals that would codify 
Commission staff's current practices or better reflect technological 
advancements in the industry. The Commission does not have supporting 
data at this time to determine if there will or will not be an economic 
impact on small businesses as a result of the proposed rule amendments 
and/or deletions. However, the Commission anticipates that the proposed 
rule updates and reorganization generally will lessen the burdens on 
small entities. For example, Sec.  73.625(b)(5) specifies a number of 
paper maps which should be used to prepare the profile graphs described 
in paragraph (b)(4), and to determine the location and height above sea 
level of the antenna height. Commission staff believes that multiple 
references to various sources of paper maps contained in the rule are 
outdated methods to make these types of calculations. This NPRM 
therefore proposes to remove those references to outmoded paper maps 
and replace them with a reference to the National Elevation Dataset and 
other similar bald earth terrain datasets which are used by modern 
automated software currently used by the Commission and industry. 
Moreover, Sec.  73.625(b)(4) describes how to plot certain radials on a 
graph and provides a range of options for the number of points of 
elevation to use in each radial. This NPRM proposes to conform the 
requirement to reference the TVStudy software currently used for 
preparing and processing applications, and specify the use of 10 points 
per kilometer in all circumstances consistent with present practice 
found in the TVStudy software used by the Commission and licensees to 
process and prepare applications. These proposals are an attempt to 
simplify, streamline, and modernize existing rules and procedures that 
will enable television stations to more easily comply with licensing 
requirements through familiar and low cost measures.
    In addition, this NPRM seeks to avoid imposing additional burdens 
on television stations where practicable. For example, this NPRM 
proposes to update Sec.  73.625(c)(3)(ii) to reflect that the LMS 
filing system permits an alternate method of specifying mechanically 
beam tilted facilities. The proposed rule indicates the alternate 
method is preferable because it provides a three-dimensional 
representation of the antenna, allowing for more accurate predictions 
with OET Bulletin No. 69. But Commission staff continues to allow the 
previous method in order to avoid imposing any additional burden on 
stations that were previously authorized using the previous mechanical 
beam tilt method.

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

47 CFR Parts 0

    Authority delegations (Government agencies), Organization and 
functions (Government agencies)

47 CFR Part 27

    Communications common carriers.

47 CFR Part 73

    Full power TV, Class A TV, Incorporated by reference.

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 parts 0, 27, 73, and 
74 to read as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409, 
unless otherwise noted.

0
2. Revise Sec.  0.434 to read as follows:


Sec.  0.434  Data bases and lists of authorized broadcast stations and 
pending broadcast applications.

    The FCC makes available its data bases, Consolidated Database 
System (CDBS) and Licensing and Management System (LMS), containing 
information about authorized broadcast stations, pending applications 
for such stations, and rulemaking proceedings involving amendments to 
the TV and FM Table of Allotments. CDBS and LMS contain frequencies, 
station locations, and other

[[Page 8656]]

particulars. CDBS and LMS may be viewed at the Commission's website at 
www.fcc.gov under Media Bureau.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICE

0
3. The authority citation for part 27 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.


Sec.  27.60  [Removed and Reserved]

0
4. Remove and reserve Sec.  27.60.


Sec.  27.1310  [Removed and Reserved]

0
5. Remove and reserve Sec.  27.1310.

PART 73--RADIO BROADCAST SERVICES

0
6. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.

0
7. Section 73.611 is added to read as follows:


Sec.  73.611  Emission levels and mask filter.

    (a) The power level of emissions on frequencies outside the 
authorized channel of operation must be attenuated no less than the 
following amounts below the average transmitted power within the 
authorized channel. In the first 500 kHz from the channel edge the 
emissions must be attenuated no less than 47 dB. More than 6 MHz from 
the channel edge, emissions must be attenuated no less than 110 dB. At 
any frequency between 0.5 and 6 MHz from the channel edge, emissions 
must be attenuated no less than the value determined by the following 
formula:

Formula 1 to paragraph (a)
Attenuation in dB = -11.5([Delta]f + 3.6);

Where:

[Delta]f = frequency difference in MHz from the edge of the channel.

    (b) This attenuation is based on a measurement bandwidth of 500 
kHz. Other measurement bandwidths may be used as long as appropriate 
correction factors are applied. Measurements need not be made any 
closer to the band edge than one half of the resolution bandwidth of 
the measuring instrument. Emissions include sidebands, spurious 
emissions and radio frequency harmonics. Attenuation is to be measured 
at the output terminals of the transmitter (including any filters that 
may be employed). In the event of interference caused to any service, 
greater attenuation may be required.
0
8. Section 73.612 is revised to read as follows:


Sec.  73.612  Protection from interference.

    (a) Permittees and licensees of TV broadcast stations are not 
protected from any interference which may be caused by the grant of a 
new station or of authority to modify the facilities of an existing 
station in accordance with the provisions of this subpart. The nature 
and extent of the protection from interference accorded to TV broadcast 
stations is limited solely to the protection which results from the 
interference protection requirements set forth in this subpart.
    (b) [Reserved]


Sec.  73.613  [Removed and Reserved]

0
9. Remove and reserve Sec.  73.613.
0
10. Amend Sec.  73.614 by:
0
a. Revising paragraphs (a), (b) introductory text, (b)(1) through (3);
0
b. Removing and reserving paragraphs (b)(4) and (5);
0
c. Revising paragraph (b)(6); and
0
d. Removing paragraph (b)(7).
    The revisions read as follows:


Sec.  73.614  Power and antenna height requirements.

    (a) Minimum requirements. Applications will not be accepted for 
filing if they specify less than 100 watts horizontally polarized 
visual effective radiated power (ERP) in any horizontal direction. No 
minimum antenna height above average terrain (HAAT) is specified. For 
stations requesting DTS operation pursuant to Sec.  73.626, this 
requirement applies to at least one site in the DTS.
    (b) Maximum power. Applications for new full power television 
stations, for changes in authorized full power television stations, and 
petitions for changes to the Table of TV Allotments, will not be 
accepted for filing if they specify a power which exceeds the maximum 
permitted boundaries specified in the following formulas:
    (1) A TV station that operates on a channel 2-6 allotment will be 
allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305 
meters and it is located in Zone I or a maximum ERP of 45 kW if its 
antenna HAAT is at or below 305 meters and it is located in Zone II or 
Zone III.
    (i) At higher HAAT levels, such TV stations will be allowed to 
operate with lower maximum ERP levels in accordance with the following 
table and formulas (the allowable maximum ERP for intermediate values 
of HAAT is determined using linear interpolation based on the units 
employed in the table):

Table 1 to Paragraph (b)(1)(i)--Maximum Allowable ERP and Antenna Height
           for TV Stations in Zones II or III on Channels 2-6
------------------------------------------------------------------------
                    Antenna HAAT (meters)                       ERP (kW)
------------------------------------------------------------------------
610..........................................................         10
580..........................................................         11
550..........................................................         12
520..........................................................         14
490..........................................................         16
460..........................................................         19
425..........................................................         22
395..........................................................         26
365..........................................................         31
335..........................................................         37
305..........................................................         45
------------------------------------------------------------------------

    (ii) For TV stations located in Zone I that operate on channels 2-6 
with an HAAT that exceeds 305 meters, the allowable maximum ERP 
expressed in decibels above 1 kW (dBk) is determined using the 
following formula, with HAAT expressed in meters:

ERPmax = 92.57-33.24 * log10(HAAT)

    (iii) For TV stations located in Zone II or III that operate on 
channels 2-6 with an HAAT that exceeds 610 meters, the allowable 
maximum ERP expressed in decibels above 1 kW (dBk) is determined using 
the following formula, with HAAT expressed in meters:

ERPmax = 57.57-17.08 * log10(HAAT)

    (2) A TV station that operates on a channel 7-13 allotment will be 
allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305 
meters and it is located in Zone I or a maximum ERP of 160 kW if its 
antenna HAAT is at or below 305 meters and it is located in Zone II or 
Zone III.
    (i) At higher HAAT levels, such TV stations will be allowed to 
operate with lower maximum ERP levels in accordance with the following 
table and formulas (the allowable maximum ERP for intermediate values 
of HAAT is determined using linear interpolation based on the units 
employed in the table):

Table 2 to Paragraph (b)(2)(i)--Maximum Allowable ERP and Antenna Height
           for TV Stations in Zones II or III on Channels 7-13
------------------------------------------------------------------------
                    Antenna HAAT (meters)                       ERP (kW)
------------------------------------------------------------------------
610..........................................................         30
580..........................................................         34
550..........................................................         40
520..........................................................         47
490..........................................................         54
460..........................................................         64
425..........................................................         76
395..........................................................         92

[[Page 8657]]

 
365..........................................................        110
335..........................................................        132
305..........................................................        160
------------------------------------------------------------------------

    (ii) For TV stations located in Zone I that operate on channels 7-
13 with an HAAT that exceeds 305 meters, the allowable maximum ERP 
expressed in decibels above 1 kW (dBk) is determined using the 
following formula, with HAAT expressed in meters:

ERPmax = 97.35-33.24 * log10(HAAT)

    (iii) For TV stations located in Zone II or III that operate on 
channels 7-13 with an HAAT that exceeds 610 meters, the allowable 
maximum ERP expressed in decibels above 1 kW (dBk) is determined using 
the following formula, with HAAT expressed in meters:

ERPmax = 62.34-17.08 * log10(HAAT)

    (3) A TV station that operates on a channel 14-36 allotment will be 
allowed a maximum ERP of 1,000 kW if its antenna HAAT is at or below 
365 meters.
    (i) At higher HAAT levels, such TV stations will be allowed to 
operates with lower maximum ERP levels in accordance with the following 
table and formulas (the allowable maximum ERP for intermediate values 
of HAAT is determined using linear interpolation based on the units 
employed in the table):

Table 3 to Paragraph (b)(3)(i)--Maximum Allowable ERP and Antenna Height
              for TV Stations on Channels 14-36, All Zones
------------------------------------------------------------------------
                    Antenna HAAT (meters)                       ERP (kW)
------------------------------------------------------------------------
610..........................................................        316
580..........................................................        350
550..........................................................        400
520..........................................................        460
490..........................................................        540
460..........................................................        630
425..........................................................        750
395..........................................................        900
365..........................................................      1,000
------------------------------------------------------------------------

    (ii) For TV stations located in Zone I, II or III that operate on 
channels 14-36 with an HAAT that exceeds 610 meters, the allowable 
maximum ERP expressed in decibels above 1 kW (dBk) is determined using 
the following formula, with HAAT expressed in meters:

    ERPmax = 72.57-17.08 * log10(HAAT)

Where:

ERPMax = Maximum Effective Radiated Power measured in 
decibels above 1 kW (dBk).
HAAT = Height Above Average Terrain measured in meters.

    (4) [Reserved]
    (5) [Reserved]
    (6) The effective radiated power in any horizontal or vertical 
direction may not exceed the maximum values permitted by this section, 
except that licensees and permittees may request an increase in either 
ERP in some azimuthal direction or antenna HAAT, or both, up to the 
maximum permissible limits on TV power set forth in paragraph (b)(1), 
(2), or (3) of this section, as appropriate, up to that needed to 
provide the same geographic coverage area as the largest station within 
their market. Such requests must be accompanied by a technical showing 
that the increase complies with the technical criteria in Sec.  73.620, 
and thereby will not result in new interference exceeding the de 
minimis standard set forth in that section, or statements agreeing to 
the change from any co-channel or adjacent channel stations that might 
be affected by potential new interference, in accordance with Sec.  
73.620(e). For the purposes of this paragraph:
    (i) The maximum ERP value shall not exceed the maximum permitted at 
any height within the relevant zone consistent with the values 
permitted in paragraph (b)(1), (2), or (3) of this section. The 
associated maximum height for that given ERP may be exceeded.
    (ii) Stations in the same Nielsen DMA are considered to be in the 
same market.
    (iii) ``Geographic coverage area'' is defined as the number of 
square kilometers found within a station's F(50,90) contour as 
calculated in Sec.  73.619. A station taking advantage of this 
provision need not specify coverage that is congruent with or 
encompassed by the largest station in the market.
* * * * *


Sec.  73.615  [Removed and Reserved]

0
11. Remove and reserve Sec.  73.615.
0
12. Section 73.616 is amended by:
0
a. Revising the section heading;
0
b. Removing and reserving paragraphs (a), (b), and (c), and the 
introductory text to paragraph (d);
0
c. Revising the introductory text to paragraph (d)(1); and
0
d. Removing and reserving paragraphs (d)(2), (e) and (g).
    The revisions read as follows:


Sec.  73.616  References to TV station interference protection 
methodology.

* * * * *
    (d) [Reserved]
    (1) For evaluating compliance with the requirements of this 
paragraph, interference to populations served is to be predicted based 
on the most recent official decennial U.S. Census population data as 
identified by the Media Bureau in a Public Notice issued not less than 
60 days prior to use of the data for a specific year in application 
processing and otherwise according to the procedure set forth in OET 
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage 
and Interference'' (February 6, 2004) (incorporated by reference, see 
Sec.  73.8000), including population served within service areas 
determined in accordance with Sec.  73.619, consideration of whether 
F(50,10) undesired signals will exceed the following desired-to-
undesired (D/U) signal ratios, assumed use of a directional receiving 
antenna, and use of the terrain dependent Longley-Rice point-to-point 
propagation model. Applicants may request the use of a cell size other 
than the default of 2.0 km per side, but only requests for cell sizes 
of 1.0 km per side or 0.5 km per side will be considered. The threshold 
levels at which interference is considered to occur are:
* * * * *
0
13. Section 73.617 is added to read as follows:


Sec.  73.617  Interference protection of other services.

    (a) Protection of land mobile operations on channels 14-20. The 
Commission will not accept petitions to amend the Table of TV 
Allotments, applications for new TV stations, or applications to change 
the channel or location of authorized TV stations that would use 
channels 14-20 where the distance between the TV reference coordinates 
as defined in Sec.  73.622(d), would be located less than 250 km from 
the city center of a co-channel land mobile operation or 176 km from 
the city center of an adjacent channel land mobile operation. Such 
filings that do not meet the minimum TV-to-land mobile spacing 
standards will, however, be considered where all affected land mobile 
licensees consent to the requested action. Land mobile operations are 
authorized on these channels in the following markets:

[[Page 8658]]



                        Table 1 to Paragraph (a)--Land Mobile Operations To Be Protected
----------------------------------------------------------------------------------------------------------------
                           City                                Channels          Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA................................................          14, 16   42[deg]21'24.4''   71[deg]03'23.2''
Chicago, IL...............................................          14, 15   41[deg]52'28.1''   87[deg]38'22.2''
Cleveland, OH.............................................          14, 15   41[deg]29'51.2''   81[deg]49'49.5''
Dallas, TX................................................              16   32[deg]47'09.5''   96[deg]47'38.0''
Detroit, MI...............................................          15, 16   42[deg]19'48.1''   83[deg]02'56.7''
Houston, TX...............................................              17   29[deg]45'26.8''   95[deg]21'37.8''
Los Angeles, CA...........................................      14, 16, 20   34[deg]03'15.0''  118[deg]14'31.3''
Miami, FL.................................................              14   25[deg]46'38.4''   80[deg]11'31.2''
New York, NY..............................................      14, 15, 16   40[deg]45'06.4''   73[deg]59'37.5''
Philadelphia, PA..........................................          19, 20   39[deg]56'58.4''   75[deg]09'19.6''
Pittsburgh, PA............................................          14, 18   40[deg]26'19.2''   79[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''   77[deg]00'31.9''
----------------------------------------------------------------------------------------------------------------


    Note 1 to paragraph (a). The Chief, Public Safety and Homeland 
Security Bureau, waived the rules 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) of this section, the waiver requires television stations to 
protect this land mobile operation.

    (b) Protection of land mobile operations below channel 14. (1) TV 
broadcast stations operating on Channel 14 must take special 
precautions to avoid interference to adjacent spectrum land mobile 
radio service facilities. Where a TV station is authorized and 
operating prior to the authorization and operation of the land mobile 
facility, a Channel 14 station must attenuate its emissions within the 
frequency range 467 to 470 MHz if necessary to permit reasonable use of 
the adjacent frequencies by land mobile licensees.
    (2) The requirements listed below apply to permittees authorized to 
construct a new station on TV Channel 14, and to licensees authorized 
to change the channel of an existing station to Channel 14, to increase 
effective radiated power (ERP) (including any change in directional 
antenna characteristics that results in an increase in ERP in any 
direction), or to change the transmitting location of an existing 
station.
    (i) For the purposes of this paragraph (b), a protected land mobile 
facility is a receiver that is intended to receive transmissions from 
licensed land mobile stations within the frequency band below 470 MHz, 
and is associated with one or more land mobile stations for which a 
license has been issued by the Commission, or a proper application has 
been received by the Commission prior to the date of the filing of the 
TV construction permit application. However, a land mobile facility 
will not be protected if it is proposed in an application that is 
denied or dismissed and that action is no longer subject to Commission 
review. Further, if the land mobile station is not operating when the 
TV facility commences operation and it does not commence operation 
within the time permitted by its authorization in accordance with part 
90 of this chapter, it will not be protected.
    (ii) A TV permittee must take steps before construction to identify 
potential interference to normal land mobile operation that could be 
caused by TV emissions outside the authorized channel, land mobile 
receiver desensitization or intermodulation. It must install filters 
and take other precautions as necessary, and submit evidence that no 
interference is being caused before it will be permitted to transmit 
programming on the new facilities pursuant to the provisions of Sec.  
73.1615 or Sec.  73.1620 of this part. A TV permittee must reduce its 
emissions within the land mobile channel of a protected land mobile 
facility that is receiving interference caused by the TV emission 
producing a vertically polarized signal and a field strength in excess 
of 17 dBu at the land mobile receiver site on the land mobile 
frequency. The TV emission should be measured with equipment set to a 
30 kHz measurement bandwidth including the entire applicable land 
mobile channel. A TV permittee must correct a desensitization problem 
if its occurrence can be directly linked to the start of the TV 
operation and the land mobile station is using facilities with typical 
desensitization rejection characteristics. A TV permittee must identify 
the source of an intermodulation product that is generated when the TV 
operation commences. If the intermodulation source is under its 
control, the TV permittee must correct the problem. If the 
intermodulation source is beyond the TV permittee's control, it must 
cooperate in the resolution of the problem and should provide whatever 
technical assistance it can.
    (c) Channel 6 Protection of FM radio stations. Parties requesting 
new allotments on channel 6 be added to the Table of TV Allotments must 
submit an engineering study demonstrating that no interference would be 
caused to existing FM radio stations on FM channels 200-220.
    (d) Blanketing interference. Present information is not 
sufficiently complete to establish blanketing interference areas for 
television broadcast stations. Blanketing interference is interference 
in an area adjacent to a transmitter in which the reception of other 
stations is subject to interference due to the strong signal from this 
station. The authorization of station construction in areas where 
blanketing interference is found to be excessive will be on the basis 
that the applicant will assume full responsibility for the adjustment 
of reasonable complaints arising from excessively strong signals of the 
applicant's station or take other corrective action.
    (e) Medical telemetry device notification condition. Stations 
should be aware that a condition is placed on all TV broadcast station 
authorizations that result in a change in coverage area, or all 
authorizations for new stations, which requires TV broadcasters to 
identify and notify hospital and other health care facilities within 
the station's coverage area to avoid interference to medical telemetry 
devices.
0
14. Section 73.618 is added to read as follows:


Sec.  73.618  Antenna location and principal community coverage.

    (a) The TV antenna location shall be chosen so that, on the basis 
of the effective radiated power (ERP) and antenna height above average 
terrain (HAAT) employed, the following minimum F(50,90) field strength 
in dB above one uV/m will be provided over

[[Page 8659]]

the entire principal community to be served:

Table 1 to Paragraph (a)--Minimum Field Strength Required Over Principal
                                Community
------------------------------------------------------------------------
                                                                  dBu
------------------------------------------------------------------------
Channels 2-6.................................................         35
Channels 7-13................................................         43
Channels 14-36...............................................         48
------------------------------------------------------------------------

    (b) The location of the antenna must be so chosen that there is not 
a major obstruction in the path over the principal community to be 
served.
    (c) For the purposes of this section, coverage is to be determined 
in accordance with Sec.  73.619(b). Under actual conditions, the true 
coverage may vary from these estimates because the terrain over any 
specific path is expected to be different from the average terrain on 
which the field strength charts were based. Further, the actual extent 
of service will usually be less than indicated by these estimates due 
to interference from other stations. Because of these factors, the 
predicted field strength contours give no assurance of service to any 
specific percentage of receiver locations within the distances 
indicated.
0
15. Section 73.619 is added to read as follows:


Sec.  73.619  Contours and service areas.

    (a) Purposes of the field strength contours. The field strength 
contours will be considered for the following purposes only:
    (1) In the estimation of coverage resulting from the selection of a 
particular transmitting antenna site by an applicant for a TV station.
    (2) In connection with problems of coverage arising out of 
application of Sec.  73.3555.
    (3) In determining compliance with Sec.  73.618(a) concerning the 
minimum field strength to be provided over the principal community to 
be served.
    (b) Determining coverage. (1) In predicting the distance to the 
field strength contours, the F (50,50) field strength charts (Figures 
9, 10 and 10b of Sec.  73.699 of this part) and the F (50,10) field 
strength charts (Figures 9a, 10a and 10c of Sec.  73.699 of this part) 
shall be used. To use the charts to predict the distance to a given F 
(50,90) contour, the following procedure is used: Convert the effective 
radiated power in kilowatts for the appropriate azimuth into decibel 
value referenced to 1 kW (dBk). Subtract the power value in dBk from 
the contour value in dBu. Note that for power less than 1 kW, the 
difference value will be greater than the contour value because the 
power in dBk is negative. Locate the difference value obtained on the 
vertical scale at the left edge of the appropriate F (50,50) chart for 
the TV station's channel. Follow the horizontal line for that value 
into the chart to the point of intersection with the vertical line 
above the height of the antenna above average terrain for the 
appropriate azimuth located on the scale at the bottom of the chart. If 
the point of intersection does not fall exactly on a distance curve, 
interpolate between the distance curves below and above the 
intersection point. The distance values for the curves are located 
along the right edge of the chart. Using the appropriate F (50,10) 
chart for the DTV station's channel, locate the point where the 
distance coincides with the vertical line above the height of the 
antenna above average terrain for the appropriate azimuth located on 
the scale at the bottom of the chart. Follow a horizontal line from 
that point to the left edge of the chart to determine the F (50,10) 
difference value. Add the power value in dBk to this difference value 
to determine the F (50,10) contour value in dBu. Subtract the F (50,50) 
contour value in dBu from this F (50,10) contour value in dBu. Subtract 
this difference from the F (50,50) contour value in dBu to determine 
the F (50,90) contour value in dBu at the pertinent distance along the 
pertinent radial.
    (2)(i) The effective radiated power to be used is that radiated at 
the vertical angle corresponding to the depression angle between the 
transmitting antenna center of radiation and the radio horizon as 
determined individually for each azimuthal direction concerned. The 
depression angle is based on the difference in elevation of the antenna 
center of radiation above the average terrain and the radio horizon, 
assuming a smooth spherical earth with a radius of 8,495.5 kilometers 
(5,280 miles) and shall be determined by the following equation:

Equation 1 to paragraph (b)(2)(i)
A = 0.0277 square root of H

Where:

A is the depression angle in degrees.
H is the height in meters of the transmitting antenna radiation 
center above average terrain of the 3.2-16.1 kilometers (2-10 miles) 
sector of the pertinent radial.

    (ii) This equation is empirically derived for the limited purpose 
specified here of determining distance to filed strength contours for 
coverage. Its use for any other purpose may be inappropriate.
    (3) Applicants for new TV stations or changes in the facilities of 
existing TV stations must submit to the FCC a showing as to the 
location of their stations' or proposed stations' contour. This showing 
is to include a map showing this contour, except where applicants have 
previously submitted material to the FCC containing such information 
and it is found upon careful examination that the contour locations 
indicated therein would not change, on any radial, when the locations 
are determined under this section. In the latter cases, a statement by 
a qualified engineer to this effect will satisfy this requirement and 
no contour maps need be submitted.
    (4) The antenna height to be used with these charts is the height 
of the radiation center of the antenna above the average terrain along 
the radial in question. In determining the average elevation of the 
terrain, the elevations between 3.2-16.1 kilometers (2-10 miles) from 
the antenna site are employed. Path profiles shall be determined for 8 
radials beginning at the antenna site and extending 16.1 kilometers (10 
miles) therefrom. The radials should be determined for each 45 degrees 
of azimuth starting with True North. 10 points per kilometer of 
elevation (uniformly spaced) should be used for each radial. It is not 
necessary to take the curvature of the earth into consideration in this 
procedure, as this factor is taken care of in the charts showing signal 
strengths. The average elevation of the 12.9 kilometer (8 miles) 
distance between 3.2-16.1 kilometers (2-10 miles) from the antenna site 
should then be determined from the path profile for each radial. In 
directions where the terrain is such that negative antenna heights or 
heights below 30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2 
to 10 mile) sector are obtained, an assumed height of 30.5 meters (100 
feet) shall be used for the prediction of coverage. Actual calculated 
values should be used for computation of height above average terrain.
    (5) In the preparation of the path profiles previously described, 
and in determining the location and height above sea level of the 
antenna site, the elevation or contour intervals shall be taken from a 
high quality bald earth terrain map or dataset such as the United 
States Geological Survey Topographic Quadrangle Maps or the National 
Elevation Dataset. If a dataset is used, the data must be processed for 
intermediate points along each radial using linear interpolation 
techniques.
    (6) It is anticipated that many of these calculations may be done 
using computer software and with computerized datasets. If software or

[[Page 8660]]

datasets besides those officially adopted by the FCC are utilized, the 
alternate software or data must be identified.
    (c) TV Service Areas. (1) The service area of a TV station is the 
geographic area within the station's noise-limited F(50,90) contour 
where its signal strength is predicted to exceed the noise-limited 
service level. The noise-limited contour is the area in which the 
predicted F(50,90) field strength of the station's signal, in dB above 
1 microvolt per meter (dBu) as determined using the method in Sec.  
73.619(b) exceeds the following levels (these are the levels at which 
reception of TV service is limited by noise):

        Table 1 to Paragraph (c)(1)--Noise Limited Service Levels
------------------------------------------------------------------------
                                                                  dBu
------------------------------------------------------------------------
Channels 2-6.................................................         28
Channels 7-13................................................         36
Channels 14-36...............................................         41
------------------------------------------------------------------------

    (2) Within this contour, service is considered available at 
locations where the station's signal strength, as predicted using the 
terrain dependent Longley-Rice point-to-point propagation model, 
exceeds the levels above. Guidance for evaluating coverage areas using 
the Longley-Rice methodology is provided in OET Bulletin No. 69. For 
availability of OET Bulletin No. 69 (which is incorporated by reference 
elsewhere in this part), contact FCC (see Sec.  73.8000 for contact 
information).
    (d) Protected facilities of an allotment. The protected facilities 
of a TV allotment shall be the facilities (effective radiated power, 
antenna height and antenna directional radiation pattern, if any) 
authorized by a construction permit or license, or, where such an 
authorization is not available for establishing reference facilities, 
the facilities designated in the FCC order creating or modifying the 
Table of TV Allotments.
0
16. Section 73.620 is added to read as follows:


Sec.  73.620  Interference calculation and protection of TV broadcast 
services.

    (a) Due to the frequency spacing that exists between Channels 4 and 
5, between Channels 6 and 7, and between Channels 13 and 14, the 
minimum adjacent channel technical criteria specified in this section 
shall not be applicable to these pairs of channels (see Sec.  
73.603(a)).
    (b) Interference is to be predicted based on the procedures found 
in Sec.  73.616(d)(1). (c) An application will not be accepted if it is 
predicted to cause interference to more than an additional 0.5 percent 
of the population served by another TV station. For this purpose, the 
population served by the station receiving additional interference does 
not include portions of the population within the noise-limited service 
contour of that station that are predicted to receive interference from 
the TV allotment facilities of the applicant or portions of that 
population receiving masking interference from any other station.
    (d) A petition to add a new channel to the TV Table or any 
application to modify an existing TV station or allotment will not be 
accepted if it is predicted to cause more than 0.5 percent new 
interference, consistent with paragraphs (a) and (b) of this section, 
to a Class A TV station authorized pursuant to subpart J of this part, 
within the protected contour defined in Sec.  73.6010.
    (e) Negotiated agreements on interference. TV stations may operate 
with increased effective radiated power (ERP) and/or antenna height 
above average terrain (HAAT) that would result in more than 0.5 percent 
additional interference to another TV station if that station agrees, 
in writing, to accept the additional interference. Such agreements must 
be submitted with the application for authority to construct or modify 
the affected TV station. Negotiated agreements under this paragraph can 
include the exchange of money or other considerations from one station 
to another, including payments to and from noncommercial television 
stations assigned to reserved channels. Applications submitted pursuant 
to the provisions of this paragraph will be granted only if the 
Commission finds that such action is consistent with the public 
interest.
    (f) The interference protection requirements contained in this 
section apply to television station operations under both the TV 
transmission standard in Sec.  73.682(d) and the Next Gen TV 
transmission standard in Sec.  73.682(f).
0
17. Section 73.621 is amended by removing and reserving paragraphs (g) 
and (h) and revising paragraph (j).


Sec.  73.621  Noncommercial educational TV stations.

* * * * *
    (j) The requirements of this section apply to the entire digital 
bitstream of noncommercial educational television stations, including 
the provision of ancillary or supplementary services.
0
18. Revise Sec.  73.622 to read as follows:


Sec.  73.622  Table of TV allotments.

    (a) General. The following table of TV allotments contains the 
television channel allotments designated for the listed communities in 
the United States, its Territories, and possessions. Requests for 
addition of new TV allotments, or requests to change the channels 
allotted to a community, must be made in a petition for rule making to 
amend the Table of TV Allotments. A request to amend the Table of TV 
Allotments to add an allotment or change the channel of an allotment in 
the Table will be evaluated for technical acceptability using 
engineering criteria set forth in Sec. Sec.  73.617, 73.618, and 
73.620. A request to amend the TV table to add a new allotment will be 
evaluated for technical acceptability using the geographic spacing 
criteria set forth in Sec.  73.622(k) and the engineering criteria set 
forth in Sec. Sec.  73.614, 73.617, 73.618, and 73.620(a) and (d). TV 
allotments designated with an asterisk are assigned for use by non-
commercial educational broadcast stations only. Rules governing 
noncommercial educational TV stations are contained in Sec.  73.621.
    (b)[Reserved]
    (c) [Reserved]
    (d) Reference points and distance computations.
    (1) [Reserved]
    (2) The reference coordinates of a TV allotment shall be the 
coordinates of the authorized facility. Where such a transmitter site 
is not available for use as reference coordinates, such as a new 
allotment, the coordinates shall be those designated in the FCC order 
modifying the Table of TV Allotments.
    (e) [Reserved]
    (f) [Reserved]
    (g) [Reserved]
    (h) [Reserved]
    (i) [Reserved]
    (j) Table of TV Allotments.

----------------------------------------------------------------------------------------------------------------
                            Community                                               Channel No.
----------------------------------------------------------------------------------------------------------------
Alabama:
    Anniston.....................................................                                              9
    Bessemer.....................................................                                             14

[[Page 8661]]

 
    Birmingham...................................................                             7, *10, 20, 29, 30
    Demopolis....................................................                                            *19
    Dothan.......................................................                                         21, 36
    Dozier.......................................................                                            *10
    Florence.....................................................                                         2, *22
    Gadsden......................................................                                             26
    Gulf Shores..................................................                                             27
    Homewood.....................................................                                             21
    Hoover.......................................................                                             33
    Huntsville...................................................                            15, 17, 18, 19, *24
    Louisville...................................................                                            *30
    Mobile.......................................................                         9, 15, 18, 20, 23, *30
    Montgomery...................................................                             8, 22, *27, 28, 31
    Mount Cheaha.................................................                                            *12
    Opelika......................................................                                             17
    Ozark........................................................                                             33
    Selma........................................................                                         25, 34
    Troy.........................................................                                             19
    Tuscaloosa...................................................                                          6, 36
    Tuskegee.....................................................                                             18
    Vernon.......................................................                                             *4
Alaska:
    Anchorage....................................................                 7, *8, 10, 12, 20, *26, 28, 33
    Bethel.......................................................                                             *3
    Fairbanks....................................................                                  7, *9, 18, 26
    Juneau.......................................................                                        *10, 11
    Ketchikan....................................................                                             13
    North Pole...................................................                                             20
    Sitka........................................................                                              7
Arizona:
    Douglas......................................................                                             36
    Flagstaff....................................................                                     13, 22, 32
    Green Valley.................................................                                             34
    Holbrook.....................................................                                            *11
    Kingman......................................................                                             19
    Mesa.........................................................                                             18
    Phoenix......................................................         *8, 10, 15, 17, 20, 24, 26, 27, 29, 33
    Prescott.....................................................                                              7
    Sierra Vista.................................................                                             21
    Tolleson.....................................................                                             31
    Tucson.......................................................                9, 16, 19, 23, 25, *28, *30, 32
    Yuma.........................................................                                         11, 13
Arkansas:
    Arkadelphia..................................................                                            *13
    Camden.......................................................                                             18
    El Dorado....................................................                                        *10, 27
    Eureka Springs...............................................                                             25
    Fayetteville.................................................                                         *9, 15
    Fort Smith...................................................                                     18, 21, 27
    Harrison.....................................................                                             31
    Hot Springs..................................................                                             16
    Jonesboro....................................................                                    18, *20, 27
    Little Rock..................................................                    *7, 12, 22, 28, 30, 32, *36
    Mountain View................................................                                            *13
    Pine Bluff...................................................                                         24, 34
    Rogers.......................................................                                             33
    Springdale...................................................                                             29
California:
    Anaheim......................................................                                             12
    Arcata.......................................................                                             22
    Avalon.......................................................                                              S
    Bakersfield..................................................                                 10, 25, 26, 33
    Bishop.......................................................                                             20
    Calipatria...................................................                                             36
    Ceres........................................................                                            *15
    Chico........................................................                                         20, 36
    Clovis.......................................................                                             27
    Concord......................................................                                              S
    Corona.......................................................                                             25
    Cotati.......................................................                                             *5
    El Centro....................................................                                          9, 22
    Eureka.......................................................                                 3, *11, 17, 28
    Fort Bragg...................................................                                         * 4, 8
    Fremont......................................................                                              S

[[Page 8662]]

 
    Fresno.......................................................                             7, 20, 30, *32, 34
    Garden Grove.................................................                                              S
    Hanford......................................................                                             21
    Huntington Beach.............................................                                             *S
    Inglewood....................................................                                              S
    Long Beach...................................................                                             18
    Los Angeles..................................................       4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S
    Merced.......................................................                                             11
    Modesto......................................................                                             18
    Monterey.....................................................                                          32, S
    Oakland......................................................                                             31
    Ontario......................................................                                             29
    Palm Springs.................................................                                         26, 28
    Palo Alto....................................................                                              S
    Paradise.....................................................                                             30
    Porterville..................................................                                             23
    Rancho Palos Verdes..........................................                                             30
    Redding......................................................                                         *9, 15
    Riverside....................................................                                              S
    Sacramento...................................................                         *9, 10, 21, 22, 24, 35
    Salinas......................................................                                          8, 11
    San Bernardino...............................................                                         *5, 24
    San Diego....................................................                         8, 10, 17, 18, *19, 26
    San Francisco................................................           7, 12, 20, 28, 29, *30, 32, S, S, *S
    San Jose.....................................................                             13, 19, 33, 36, *S
    San Luis Obispo..............................................                                         15, 34
    San Mateo....................................................                                            *27
    Sanger.......................................................                                             36
    Santa Ana....................................................                                             33
    Santa Barbara................................................                                         21, 27
    Santa Maria..................................................                                             19
    Stockton.....................................................                                     23, 25, 26
    Twentynine Palms.............................................                                             23
    Vallejo......................................................                                             34
    Ventura......................................................                                              S
    Visalia......................................................                                        *22, 28
    Watsonville..................................................                                            *25
Colorado:
    Boulder......................................................                                             32
    Broomfield...................................................                                            *13
    Castle Rock..................................................                                             15
    Colorado Springs.............................................                                     22, 24, 26
    Denver.......................................................         7, 9, 18, *20, 28, 31, *33, 34, 35, 36
    Durango......................................................                                    15, *20, 33
    Fort Collins.................................................                                             21
    Glenwood Springs.............................................                                             23
    Grand Junction...............................................                              2, 7, 12, 15, *18
    Greeley......................................................                                             17
    Longmont.....................................................                                             29
    Montrose.....................................................                                             13
    Pueblo.......................................................                                     *8, 25, 27
    Steamboat Springs............................................                                             10
    Sterling.....................................................                                             23
Connecticut:
    Bridgeport...................................................                                              S
    Hartford.....................................................                                 *30, 34, 36, S
    New Britain..................................................                                             31
    New Haven....................................................                                      10, S, *S
    New London...................................................                                             28
    Norwich......................................................                                             *9
    Stamford.....................................................                                            *21
    Waterbury....................................................                                             33
Delaware:
    Dover........................................................                                              5
    Seaford......................................................                                            *24
    Wilmington...................................................                                     2, *13, 34
District of Columbia:
    Washington...................................................                   7, 9, *31, *33, 34, 36, S, S
Florida:
    Boca Raton...................................................                                            *25
    Boynton Beach................................................                                             *S
    Bradenton....................................................                                             29
    Cape Coral...................................................                                             34
    Clearwater...................................................                                             21

[[Page 8663]]

 
    Clermont.....................................................                                             23
    Cocoa........................................................                                        *30, 32
    Daytona Beach................................................                                         11, 15
    Destin.......................................................                                             29
    Fort Lauderdale..............................................                                             30
    Fort Myers...................................................                                    15, *22, 31
    Fort Pierce..................................................                                        *18, 20
    Fort Walton Beach............................................                                     14, 21, 25
    Gainesville..................................................                                     8, 16, *36
    High Springs.................................................                                             29
    Hollywood....................................................                                             24
    Jacksonville.................................................                    *9, 13, 14, 18, 19, 20, *21
    Key West.....................................................                                           3, 8
    Lake Worth...................................................                                             36
    Lakeland.....................................................                                             18
    Leesburg.....................................................                                          7, *S
    Live Oak.....................................................                                             17
    Marianna.....................................................                                             26
    Melbourne....................................................                                         14, 22
    Miami........................................................    9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32
    Naples.......................................................                                         28, 32
    New Smyrna Beach.............................................                                            *24
    Ocala........................................................                                             31
    Orange Park..................................................                                             10
    Orlando......................................................                        26, 27, 28, 33, *34, 35
    Palm Beach...................................................                                              7
    Panama City..................................................                                 9, 13, 16, *28
    Panama City Beach............................................                                             33
    Pensacola....................................................                                17, *24, 34, 35
    Sarasota.....................................................                                             24
    St. Petersburg...............................................                                      10, 19, S
    Stuart.......................................................                                             34
    Tallahassee..................................................                                22, 24, 27, *32
    Tampa........................................................                         9, 12, *13, 17, 20, *S
    Tequesta.....................................................                                             16
    Tice.........................................................                                             33
    Venice.......................................................                                             25
    West Palm Beach..............................................                                     12, 13, 35
Georgia:
    Albany.......................................................                                         10, 29
    Athens.......................................................                                         *7, 18
    Atlanta......................................................           10, 19, *21, 25, 27, 31, 32, *34, 36
    Augusta......................................................                                     27, 28, 36
    Bainbridge...................................................                                             19
    Baxley.......................................................                                             35
    Brunswick....................................................                                             24
    Chatsworth...................................................                                             *4
    Cochran......................................................                                             *9
    Columbus.....................................................                             *5, 11, 15, 24, 35
    Cordele......................................................                                             34
    Dalton.......................................................                                             28
    Dawson.......................................................                                             *7
    Macon........................................................                                 13, 26, 30, 33
    Monroe.......................................................                                             22
    Pelham.......................................................                                             *6
    Perry........................................................                                             23
    Rome.........................................................                                             16
    Savannah.....................................................                                 *8, 16, 22, 23
    Thomasville..................................................                                             20
    Toccoa.......................................................                                             24
    Valdosta.....................................................                                             31
    Waycross.....................................................                                             *7
    Wrens........................................................                                             *6
Hawaii:
    Hilo.........................................................                              9, 11, 13, 22, 23
    Honolulu.....................................................  8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33,
                                                                                                              35
    Kailua.......................................................                                             29
    Kailua-Kona..................................................                                             25
    Kaneohe......................................................                                             32
    Wailuku......................................................                         7, *10, 12, 16, 21, 24
    Waimanalo....................................................                                             15
Idaho:
    Boise........................................................                                 7, 15, 20, *21
    Caldwell.....................................................                                             10

[[Page 8664]]

 
    Coeur d'Alene................................................                                            *18
    Filer........................................................                                            *18
    Idaho Falls..................................................                                      8, 20, 36
    Lewiston.....................................................                                             32
    Moscow.......................................................                                            *12
    Nampa........................................................                                         13, 24
    Pocatello....................................................                                    *17, 23, 31
    Sun Valley...................................................                                              5
    Twin Falls...................................................                                    11, *22, 34
Illinois:
    Aurora.......................................................                                              S
    Bloomington..................................................                                             28
    Carbondale...................................................                                             *8
    Champaign....................................................                                         32, 34
    Charleston...................................................                                            *30
    Chicago......................................................             12, 19, 22, 23, 24, *25, 33, 34, S
    Decatur......................................................                                         20, 22
    East St. Louis...............................................                                             28
    Freeport.....................................................                                              9
    Galesburg....................................................                                              8
    Harrisburg...................................................                                             34
    Jacksonville.................................................                                            *18
    Joliet.......................................................                                             35
    Macomb.......................................................                                            *36
    Marion.......................................................                                             30
    Moline.......................................................                                        *23, 31
    Mount Vernon.................................................                                             13
    Naperville...................................................                                              S
    Olney........................................................                                            *23
    Oswego.......................................................                                             10
    Peoria.......................................................                                24, 25, 26, *35
    Quincy.......................................................                                    22, 32, *34
    Rock Island..................................................                                              4
    Rockford.....................................................                                     13, 16, 36
    Springfield..................................................                                     11, 15, 16
    Urbana.......................................................                                         *9, 36
Indiana:
    Angola.......................................................                                             12
    Bloomington..................................................                                 27, 28, *33, S
    Elkhart......................................................                                             30
    Evansville...................................................                             *9, 12, 22, 26, 28
    Fort Wayne...................................................                            *18, 20, 24, 32, 34
    Gary.........................................................                                         *17, S
    Hammond......................................................                                             21
    Indianapolis.................................................                     7, 9, 13, *21, 22, *23, 25
    Kokomo.......................................................                                             15
    Lafayette....................................................                                             11
    Marion.......................................................                                              S
    Muncie.......................................................                                             19
    Richmond.....................................................                                              S
    Salem........................................................                                             16
    South Bend...................................................                                27, 29, *31, 36
    Terre Haute..................................................                                     10, 18, 35
    Vincennes....................................................                                            *31
Iowa:
    Ames.........................................................                                     5, 23, *34
    Burlington...................................................                                             21
    Cedar Rapids.................................................                                 22, 27, 29, 32
    Council Bluffs...............................................                                            *33
    Davenport....................................................                                    17, 30, *34
    Des Moines...................................................                             8, *11, 13, 16, 19
    Dubuque......................................................                                             14
    Fort Dodge...................................................                                            *25
    Iowa City....................................................                                        *12, 25
    Mason City...................................................                                        *18, 24
    Newton.......................................................                                             36
    Ottumwa......................................................                                             15
    Red Oak......................................................                                            *35
    Sioux City...................................................                             9, 14, *28, 30, 32
    Waterloo.....................................................                                         7, *35
Kansas:
    Colby........................................................                                        17, *19
    Derby........................................................                                             31
    Dodge City...................................................                                            *21

[[Page 8665]]

 
    Ensign.......................................................                                              6
    Garden City..................................................                                         11, 13
    Goodland.....................................................                                             10
    Great Bend...................................................                                             22
    Hays.........................................................                                         7, *16
    Hoisington...................................................                                             14
    Hutchinson...................................................                                     *8, 19, 35
    Lakin........................................................                                             *8
    Lawrence.....................................................                                             25
    Pittsburg....................................................                                          7, 13
    Salina.......................................................                                             17
    Topeka.......................................................                            *11, 12, 13, 16, 27
    Wichita......................................................                                 10, 15, 26, 28
Kentucky:
    Ashland......................................................                                        13, *36
    Beattyville..................................................                                              7
    Bowling Green................................................                               13, *18, 24, *29
    Covington....................................................                                            *22
    Danville.....................................................                                             19
    Elizabethtown................................................                                            *23
    Harlan.......................................................                                              S
    Hazard.......................................................                                        20, *33
    Lexington....................................................                                21, 27, 28, *35
    Louisville...................................................                    8, 11, 14, *30, 32, *34, 36
    Madisonville.................................................                                            *31
    Morehead.....................................................                                            *30
    Murray.......................................................                                            *17
    Newport......................................................                                             15
    Owensboro....................................................                                             17
    Owenton......................................................                                            *24
    Paducah......................................................                                    19, *23, 25
    Pikeville....................................................                                            *23
    Richmond.....................................................                                             25
    Somerset.....................................................                                            *17
Louisiana:
    Alexandria...................................................                                26, 31, *33, 35
    Baton Rouge..................................................                             9, 13, 24, *25, 34
    Columbia.....................................................                                             11
    Hammond......................................................                                             35
    Lafayette....................................................                                10, 16, *23, 28
    Lake Charles.................................................                                     7, 18, *20
    Minden.......................................................                                             32
    Monroe.......................................................                                        *13, 24
    New Iberia...................................................                                             17
    New Orleans..................................................           15, 19, 21, *23, 26, 27, *28, 29, 33
    Shreveport...................................................                            16, *17, 23, 28, 34
    Slidell......................................................                                             17
    West Monroe..................................................                                         19, 22
Maine:
    Augusta......................................................                                            *20
    Bangor.......................................................                                       2, 7, 13
    Biddeford....................................................                                            *36
    Calais.......................................................                                            *10
    Lewiston.....................................................                                             24
    Orono........................................................                                            *22
    Poland Spring................................................                                              8
    Portland.....................................................                                     15, 31, 34
    Presque Isle.................................................                                         8, *10
    Waterville...................................................                                             17
Maryland:
    Annapolis....................................................                                            *21
    Baltimore....................................................                     11, 12, *22, 25, 26, 27, S
    Frederick....................................................                                            *28
    Hagerstown...................................................                                        23, *29
    Oakland......................................................                                            *26
    Salisbury....................................................                                    *16, 29, 32
    Silver Spring................................................                                              S
Massachusetts:
    Boston.......................................................                *5, 20, 21, 22, *32, 33, 34, 35
    Cambridge....................................................                                              S
    Foxborough...................................................                                              S
    Lowell.......................................................                                             *S
    Marlborough..................................................                                             27
    New Bedford..................................................                                          24, S

[[Page 8666]]

 
    Norwell......................................................                                             36
    Pittsfield...................................................                                              7
    Springfield..................................................                                    11, *13, 26
    Woburn.......................................................                                              S
    Worcester....................................................                                             19
Michigan:
    Alpena.......................................................                                        11, *24
    Ann Arbor....................................................                                             24
    Bad Axe......................................................                                            *15
    Battle Creek.................................................                                         17, 21
    Bay City.....................................................                                         23, 30
    Cadillac.....................................................                                     9, 32, *34
    Calumet......................................................                                              5
    Cheboygan....................................................                                             16
    Detroit......................................................                     7, *20, 21, 25, 31, 32, 34
    East Lansing.................................................                                            *33
    Escanaba.....................................................                                             32
    Flint........................................................                                         12, 16
    Grand Rapids.................................................                                 7, *11, 13, 19
    Ishpeming....................................................                                             10
    Kalamazoo....................................................                                      *5, 8, 22
    Lansing......................................................                                      14, 28, S
    Manistee.....................................................                                            *20
    Marquette....................................................                                     *8, 19, 35
    Mount Clemens................................................                                             27
    Mount Pleasant...............................................                                            *26
    Muskegon.....................................................                                             24
    Onondaga.....................................................                                             10
    Saginaw......................................................                                         18, 36
    Sault Ste. Marie.............................................                                          8, 10
    Traverse City................................................                                         29, 35
    Vanderbilt...................................................                                             21
Minnesota:
    Alexandria...................................................                                          7, 24
    Appleton.....................................................                                            *10
    Austin.......................................................                                        *20, 36
    Bemidji......................................................                                         *9, 26
    Brainerd.....................................................                                            *28
    Chisholm.....................................................                                             11
    Crookston....................................................                                            *16
    Duluth.......................................................                             *8, 10, 18, 27, 33
    Hibbing......................................................                                        13, *31
    Mankato......................................................                                             12
    Minneapolis..................................................                          9, 22, 29, 30, 31, 32
    Redwood Falls................................................                                             27
    Rochester....................................................                                         10, 26
    St. Cloud....................................................                                             16
    St. Paul.....................................................                                   *23, *34, 35
    Thief River Falls............................................                                             10
    Walker.......................................................                                             12
    Worthington..................................................                                            *15
Mississippi:
    Biloxi.......................................................                                        *16, 32
    Booneville...................................................                                             *9
    Bude.........................................................                                            *18
    Columbus.....................................................                                             27
    Greenville...................................................                                             15
    Greenwood....................................................                                        *25, 32
    Gulfport.....................................................                                             25
    Hattiesburg..................................................                                             22
    Holly Springs................................................                                             26
    Jackson......................................................                        12, 14, *20, 21, 23, 30
    Laurel.......................................................                                              7
    Magee........................................................                                             34
    Meridian.....................................................                                13, 24, *28, 31
    Mississippi State............................................                                             *8
    Natchez......................................................                                             15
    Oxford.......................................................                                            *36
    Senatobia....................................................                                             *S
    Tupelo.......................................................                                         11, 17
    Vicksburg....................................................                                             36
    West Point...................................................                                             16
Missouri:
    Cape Girardeau...............................................                                         32, 36

[[Page 8667]]

 
    Columbia.....................................................                                         17, 27
    Hannibal.....................................................                                             22
    Jefferson City...............................................                                         20, 29
    Joplin.......................................................                                    17, 23, *35
    Kansas City..................................................                *18, 24, 29, 30, 31, 32, 34, 36
    Kirksville...................................................                                             33
    Osage Beach..................................................                                             22
    Poplar Bluff.................................................                                             15
    Sedalia......................................................                                             15
    Springfield..................................................                                10, *16, 19, 28
    St. Joseph...................................................                                          7, 21
    St. Louis....................................................                    14, *23, 24, 26, 31, 33, 35
Montana:
    Billings.....................................................                                11, *16, 18, 20
    Bozeman......................................................                                        * 8, 27
    Butte........................................................                                 15, 19, 20, 24
    Glendive.....................................................                                              5
    Great Falls..................................................                            8, 17, * 21, 22, 26
    Hardin.......................................................                                             22
    Havre........................................................                                              9
    Helena.......................................................                                         29, 31
    Kalispell....................................................                                         9, *15
    Miles City...................................................                                              3
    Missoula.....................................................                                 7, *11, 20, 23
Nebraska:
    Alliance.....................................................                                            *13
    Bassett......................................................                                             *7
    Grand Island.................................................                                             11
    Hastings.....................................................                                         5, *28
    Hayes Center.................................................                                              6
    Kearney......................................................                                             18
    Lexington....................................................                                            *26
    Lincoln......................................................                                 8, 10, *12, 15
    McCook.......................................................                                             12
    Merriman.....................................................                                            *12
    Missoula.....................................................                                *11, 20, 23, 25
    Norfolk......................................................                                            *19
    North Platte.................................................                                          2, *9
    Omaha........................................................                        *17, 20, 22, 26, 29, 31
    Scottsbluff..................................................                                             29
    Sidney.......................................................                                              7
    York.........................................................                                             24
Nevada:
    Elko.........................................................                                             10
    Ely..........................................................                                             27
    Henderson....................................................                                             24
    Las Vegas....................................................                      2, 7, *11, 13, 16, 22, 29
    Laughlin.....................................................                                             32
    Paradise.....................................................                                             20
    Reno.........................................................                     8, 11, 12, *15, 20, 23, 26
    Tonopah......................................................                                              9
    Winnemucca...................................................                                              7
New Hampshire:
    Concord......................................................                                             23
    Derry........................................................                                              S
    Durham.......................................................                                            *11
    Keene........................................................                                            *18
    Littleton....................................................                                            *23
    Manchester...................................................                                              9
    Merrimack....................................................                                             29
New Jersey:
    Atlantic City................................................                                              4
    Camden.......................................................                                            *23
    Jersey City..................................................                                              S
    Linden.......................................................                                             35
    Middletown Township..........................................                                              3
    Millville....................................................                                              S
    Montclair....................................................                                             *S
    Mount Laurel.................................................                                              S
    New Brunswick................................................                                             *8
    Newark.......................................................                                         12, 26
    Newton.......................................................                                             18
    Paterson.....................................................                                              S
    Princeton....................................................                                              S

[[Page 8668]]

 
    Secaucus.....................................................                                             25
    Trenton......................................................                                             *S
    Vineland.....................................................                                              S
    Wildwood.....................................................                                             36
New Mexico:
    Albuquerque..................................................            7, 13, 16, *17, 22, 24, 26, *35, 36
    Carlsbad.....................................................                                         19, 25
    Clovis.......................................................                                             12
    Farmington...................................................                                             12
    Hobbs........................................................                                             29
    Las Cruces...................................................                                        *23, 26
    Portales.....................................................                                            *32
    Roswell......................................................                                  8, 10, 21, 27
    Santa Fe.....................................................                                 *8, 10, 27, 29
    Silver City..................................................                                         10, 12
New York:
    Albany.......................................................                                      8, 21, 24
    Amsterdam....................................................                                             19
    Batavia......................................................                                             24
    Binghamton...................................................                                  7, 8, 27, *31
    Buffalo......................................................                     16, *31, 32, 33, 34, 36, S
    Carthage.....................................................                                              8
    Corning......................................................                                        *25, 30
    Elmira.......................................................                                         23, 35
    Garden City..................................................                                            *32
    Ithaca.......................................................                                             13
    Jamestown....................................................                                              5
    New Rochelle.................................................                                              S
    New York.....................................................                      7, 11, *24, 27, 34, 36, S
    Norwood......................................................                                            *23
    Plattsburgh..................................................                                        14, *36
    Riverhead....................................................                                             29
    Rochester....................................................                             9, 10, 21, *22, 28
    Saranac Lake.................................................                                             34
    Schenectady..................................................                                    22, *25, 35
    Smithtown....................................................                                             23
    Springville..................................................                                              7
    Syracuse.....................................................                    14, 15, 17, 18, 19, *20, 36
    Utica........................................................                                     29, 30, 34
    Watertown....................................................                                        *26, 31
North Carolina:
    Archer Lodge.................................................                                              S
    Asheville....................................................                                     13, *20, S
    Belmont......................................................                                             25
    Burlington...................................................                                             26
    Chapel Hill..................................................                                            *20
    Charlotte....................................................                             *9, 18, 19, 23, 24
    Concord......................................................                                            *21
    Durham.......................................................                                          9, 14
    Edenton......................................................                                            *29
    Fayetteville.................................................                                             22
    Goldsboro....................................................                                              8
    Greensboro...................................................                                      28, 35, S
    Greenville...................................................                                12, 19, *25, 36
    Hickory......................................................                                             14
    High Point...................................................                                             31
    Jacksonville.................................................                                        16, *28
    Kannapolis...................................................                                             32
    Lexington....................................................                                              S
    Linville.....................................................                                            *36
    Lumberton....................................................                                            *30
    Manteo.......................................................                                             13
    New Bern.....................................................                                             10
    Raleigh......................................................                                     15, 17, 18
    Roanoke Rapids...............................................                                            *27
    Rocky Mount..................................................                                             32
    Wake Forest..................................................                                              S
    Washington...................................................                                             34
    Wilmington...................................................                                *21, 23, 24, 29
    Winston-Salem................................................                                    16, 29, *33
North Dakota:
    Bismarck.....................................................                            12, 17, *22, 26, 31
    Devils Lake..................................................                                         8, *25
    Dickinson....................................................                                      7, *9, 19

[[Page 8669]]

 
    Ellendale....................................................                                            *20
    Fargo........................................................                                *13, 19, 21, 36
    Grand Forks..................................................                                        *15, 27
    Jamestown....................................................                                              7
    Minot........................................................                            10, 13, 14, *15, 24
    Pembina......................................................                                             12
    Valley City..................................................                                             24
    Williston....................................................                                     8, *11, 14
Ohio:
    Akron........................................................                                    17, 22, *24
    Alliance.....................................................                                            *29
    Athens.......................................................                                            *32
    Bowling Green................................................                                            *22
    Cambridge....................................................                                             *6
    Canton.......................................................                                           S, S
    Chillicothe..................................................                                             23
    Cincinnati...................................................                            12, *17, 18, 20, 26
    Cleveland....................................................                             8, 15, 19, *35, 36
    Columbus.....................................................                            14, *16, 21, 27, 28
    Dayton.......................................................                            31, 33, 34, *35, 36
    Lima.........................................................                                           4, 8
    London.......................................................                                              S
    Lorain.......................................................                                              S
    Mansfield....................................................                                             12
    Oxford.......................................................                                            *29
    Portsmouth...................................................                                             15
    Sandusky.....................................................                                              3
    Shaker Heights...............................................                                             10
    Springfield..................................................                                              S
    Steubenville.................................................                                              9
    Toledo.......................................................                        11, 13, 23, 26, *29, 35
    Youngstown...................................................                                      31, 33, S
    Zanesville...................................................                                             30
Oklahoma:
    Ada..........................................................                                             17
    Bartlesville.................................................                                             36
    Cheyenne.....................................................                                             *8
    Claremore....................................................                                            *32
    Eufaula......................................................                                            *31
    Lawton.......................................................                                             11
    Muskogee.....................................................                                             20
    Norman.......................................................                                             16
    Oklahoma City................................................         7, *13, 15, 18, 19, 23, 24, 25, 27, 33
    Okmulgee.....................................................                                             28
    Shawnee......................................................                                             29
    Tulsa........................................................                 8, *11, 12, 14, 16, 22, 26, 34
    Woodward.....................................................                                             35
Oregon:
    Bend.........................................................                                    *11, 18, 21
    Coos Bay.....................................................                                         11, 22
    Corvallis....................................................                                             *7
    Eugene.......................................................                             9, 17, 28, *29, 31
    Grants Pass..................................................                                             30
    Klamath Falls................................................                                    13, 29, *33
    La Grande....................................................                                        *13, 16
    Medford......................................................                              5, *8, 12, 16, 26
    Pendleton....................................................                                             11
    Portland.....................................................                        *10, 21, 24, 25, 26, 32
    Roseburg.....................................................                                     18, 19, 36
    Salem........................................................                                         22, 33
Pennsylvania:
    Allentown....................................................                                          S, *S
    Altoona......................................................                                      6, 24, 31
    Bethlehem....................................................                                              9
    Clearfield...................................................                                            *15
    Erie.........................................................                            12, 21, 26, *27, 28
    Greensburg...................................................                                             28
    Harrisburg...................................................                                    10, 32, *36
    Hazleton.....................................................                                             22
    Jeannette....................................................                                             11
    Johnstown....................................................                                          8, 35
    Lancaster....................................................                                           8, S
    Philadelphia.................................................                      6, 17, 28, 30, 31, 33, *S
    Pittsburgh...................................................                     *4, 16, 20, 21, 23, 25, 27

[[Page 8670]]

 
    Red Lion.....................................................                                              S
    Scranton.....................................................                             12, 21, 33, 34, *S
    Wilkes-Barre.................................................                                             11
    Williamsport.................................................                                             29
    Willow Grove.................................................                                              S
    York.........................................................                                              S
Rhode Island:
    Newport......................................................                                             17
    Providence...................................................                                  *2, 7, 12, 25
South Carolina:
    Allendale....................................................                                            *21
    Anderson.....................................................                                             35
    Beaufort.....................................................                                            *32
    Charleston...................................................                        17, 19, 20, *24, 25, 34
    Columbia.....................................................                         7, 10, 15, 22, 25, *33
    Conway.......................................................                                            *28
    Florence.....................................................                                13, *16, 26, 27
    Greenville...................................................                                  2, *8, 17, 30
    Greenwood....................................................                                            *26
    Hardeeville..................................................                                             26
    Myrtle Beach.................................................                                         32, 36
    Rock Hill....................................................                                          34, S
    Spartanburg..................................................                                         11, *S
    Sumter.......................................................                                        *29, 31
South Dakota:
    Aberdeen.....................................................                                         9, *17
    Brookings....................................................                                             *8
    Eagle Butte..................................................                                            *13
    Florence.....................................................                                              3
    Huron........................................................                                             12
    Lead.........................................................                                          5, 10
    Lowry........................................................                                            *11
    Martin.......................................................                                             *8
    Mitchell.....................................................                                             26
    Pierre.......................................................                                        *10, 19
    Rapid City...................................................                              2, 7, 16, 21, *26
    Reliance.....................................................                                             13
    Sioux Falls..................................................                         7, 11, 13, 21, *24, 36
    Vermillion...................................................                                            *34
Tennessee:
    Chattanooga..................................................                              8, 9, 13, 14, *35
    Cleveland....................................................                                             23
    Cookeville...................................................                                            *22
    Crossville...................................................                                             31
    Franklin.....................................................                                             32
    Greeneville..................................................                                             28
    Hendersonville...............................................                                             33
    Jackson......................................................                                         21, 35
    Jellico......................................................                                             18
    Johnson City.................................................                                              9
    Kingsport....................................................                                             32
    Knoxville....................................................                         7, 10, 15, 26, *29, 34
    Lebanon......................................................                                             25
    Lexington....................................................                                            *27
    Memphis......................................................                13, 23, 25, 28, *29, 30, 31, 33
    Murfreesboro.................................................                                             16
    Nashville....................................................                     *7, 10, 20, 21, 27, 30, 36
    Sneedville...................................................                                            *24
    Tazewell.....................................................                                             36
Texas:
    Abilene......................................................                                     15, 29, 30
    Alvin........................................................                                             36
    Amarillo.....................................................                             *9, 10, 15, 19, 20
    Arlington....................................................                                             25
    Austin.......................................................                         7, 21, *22, 23, 33, 34
    Baytown......................................................                                             31
    Beaumont.....................................................                                    12, 15, *29
    Belton.......................................................                                             17
    Big Spring...................................................                                             33
    Blanco.......................................................                                             18
    Borger.......................................................                                             31
    Bryan........................................................                                             24
    College Station..............................................                                         16, 29
    Conroe.......................................................                                            *12

[[Page 8671]]

 
    Corpus Christi...............................................                         8, 10, 19, *23, 26, 27
    Dallas.......................................................                     8, *14, 21, 27, 32, 35, 36
    Decatur......................................................                                             30
    Del Rio......................................................                                             28
    Denton.......................................................                                            *29
    Eagle Pass...................................................                                             18
    El Paso......................................................               *13, 15, 16, 17, 18, 20, *21, 25
    Farwell......................................................                                             18
    Fort Worth...................................................                                  9, 18, 19, 24
    Fredericksburg...............................................                                              8
    Galveston....................................................                                        22, *23
    Garland......................................................                                             33
    Greenville...................................................                                             23
    Harlingen....................................................                                    16, 18, *21
    Houston......................................................            *8, 11, 13, 19, 21, *24, 26, 34, 35
    Irving.......................................................                                             34
    Jacksonville.................................................                                             22
    Katy.........................................................                                             25
    Kerrville....................................................                                             32
    Killeen......................................................                                             13
    Lake Dallas..................................................                                             31
    Laredo.......................................................                                          8, 19
    Llano........................................................                                             27
    Longview.....................................................                                          20, S
    Lubbock......................................................                        16, *25, 27, 31, 35, 36
    Lufkin.......................................................                                              9
    McAllen......................................................                                             17
    Midland......................................................                                         18, 26
    Nacogdoches..................................................                                             15
    Odessa.......................................................                          7, 9, 15, 23, *28, 30
    Port Arthur..................................................                                             27
    Rio Grande...................................................                                             14
    Rosenberg....................................................                                             30
    San Angelo...................................................                                     11, 16, 19
    San Antonio..................................................                *9, 12, 15, *16, 24, 28, 29, 30
    Sherman......................................................                                             12
    Snyder.......................................................                                             17
    Sweetwater...................................................                                             20
    Temple.......................................................                                              9
    Texarkana....................................................                                             26
    Tyler........................................................                                              7
    Uvalde.......................................................                                             26
    Victoria.....................................................                                         11, 20
    Waco.........................................................                                10, *20, 26, 28
    Weslaco......................................................                                             13
    Wichita Falls................................................                                     15, 22, 28
    Wolfforth....................................................                                             23
Utah:
    Cedar City...................................................                                             14
    Logan........................................................                                             12
    Ogden........................................................                                    24, 35, *36
    Price........................................................                                             11
    Provo........................................................                                    *17, 29, 32
    Richfield....................................................                                            *19
    Salt Lake City...............................................                    19, 20, 23, *27, 28, 30, 34
    St. George...................................................                                        *18, 21
    Vernal.......................................................                                             16
Vermont:
    Burlington...................................................                                 7, 16, 20, *32
    Montpelier...................................................                                              S
    Rutland......................................................                                            *10
    St. Johnsbury................................................                                            *28
    Windsor......................................................                                             *S
Virginia:
    Arlington....................................................                                             15
    Ashland......................................................                                              8
    Bristol......................................................                                             35
    Charlottesville..............................................                                     2, *26, 32
    Culpeper.....................................................                                             *S
    Danville.....................................................                                              S
    Grundy.......................................................                                             14
    Hampton......................................................                                             11
    Hampton-Norfolk..............................................                                            *31
    Harrisonburg.................................................                                             20

[[Page 8672]]

 
    Lynchburg....................................................                                          7, 21
    Manassas.....................................................                                             35
    New Market...................................................                                             *S
    Norfolk......................................................                                     16, 32, 33
    Petersburg...................................................                                             28
    Portsmouth...................................................                                         19, 20
    Richmond.....................................................                           10, *22, 23, 24, *29
    Roanoke......................................................                             *3, 27, 30, 34, 36
    Spotsylvania.................................................                                             *S
    Staunton.....................................................                                            *15
    Virginia Beach...............................................                                          7, 21
Washington:
    Bellevue.....................................................                                         24, 33
    Bellingham...................................................                                         14, 19
    Centralia....................................................                                            *19
    Everett......................................................                                             31
    Kennewick....................................................                                             27
    Pasco........................................................                                             18
    Pullman......................................................                                        *10, 24
    Richland.....................................................                                        *22, 26
    Seattle......................................................                         *9, 16, 23, 25, 30, 36
    Spokane......................................................                     *7, 13, 15, 20, 28, 34, 36
    Tacoma.......................................................                           11, 13, 21, *27, *34
    Vancouver....................................................                                             30
    Walla Walla..................................................                                              9
    Yakima.......................................................                                14, 16, *21, 33
West Virginia:
    Bluefield....................................................                                         17, 25
    Charleston...................................................                                     18, 24, 29
    Clarksburg...................................................                                         12, 13
    Grandview....................................................                                             *8
    Huntington...................................................                                     *9, 10, 22
    Lewisburg....................................................                                             11
    Martinsburg..................................................                                             13
    Morgantown...................................................                                            *34
    Oak Hill.....................................................                                             31
    Parkersburg..................................................                                             35
    Weston.......................................................                                             33
    Wheeling.....................................................                                              7
Wisconsin:
    Antigo.......................................................                                             19
    Appleton.....................................................                                             36
    Chippewa Falls...............................................                                             21
    Crandon......................................................                                             13
    Eagle River..................................................                                         26, 28
    Eau Claire...................................................                                         17, 25
    Fond du Lac..................................................                                              5
    Green Bay....................................................                            14, 18, 22, 23, *25
    Janesville...................................................                                             21
    Kenosha......................................................                                             30
    La Crosse....................................................                                 8, *15, 28, 33
    Madison......................................................                            11, 18, 19, *20, 26
    Mayville.....................................................                                             34
    Menomonie....................................................                                            *27
    Milwaukee....................................................                  *8, 27, 28, 29, 31, 32, S, *S
    Park Falls...................................................                                            *36
    Racine.......................................................                                              S
    Rhinelander..................................................                                             16
    Superior.....................................................                                             19
    Suring.......................................................                                             15
    Wausau.......................................................                                      7, 9, *24
    Wittenberg...................................................                                             31
Wyoming:
    Casper.......................................................                             *8, 12, 14, 17, 20
    Cheyenne.....................................................                                     11, 27, 30
    Jackson......................................................                                             11
    Lander.......................................................                                          7, *8
    Laramie......................................................                                             *8
    Rawlins......................................................                                              9
    Riverton.....................................................                                             10
    Rock Springs.................................................                                             13
    Sheridan.....................................................                                          7, 13
Guam:
    Hag[aring]t[ntilde]a.........................................                                          8, 12

[[Page 8673]]

 
    Tamuning.....................................................                                             14
Puerto Rico:
    Aguada.......................................................                                             25
    Aguadilla....................................................                                         12, 17
    Arecibo......................................................                                             35
    Bayam[oacute]n...............................................                                              S
    Caguas.......................................................                                        11, *24
    Carolina.....................................................                                             30
    Fajardo......................................................                                    13, *15, 16
    Guayama......................................................                                             34
    Humacao......................................................                                             23
    Mayag[uuml]ez................................................                                 20, 29, 31, 32
    Naranjito....................................................                                             18
    Ponce........................................................                           7, 9, 14, *19, 36, S
    San Juan.....................................................                             21, *26, 27, 28, S
    San Sebasti[aacute]n.........................................                                             33
    Toa Baja.....................................................                                             *S
    Yauco........................................................                                              S
U.S. Virgin Islands:
    Charlotte Amalie.............................................                                    17, 21, *36
    Christiansted................................................                                         20, 23
----------------------------------------------------------------------------------------------------------------

    (k) Minimum geographic spacing requirements for new TV allotments. 
No petition to add a new channel to the Table of TV Allotments will be 
accepted unless it shows compliance with the requirements of this 
paragraph.
    (1) Requests filed pursuant to this paragraph must demonstrate 
compliance with the principal community coverage requirements of Sec.  
73.618.
    (2) Requests filed pursuant to this paragraph must meet the 
following requirements for geographic spacing with regard to all other 
TV stations and allotments:
    (i) For VHF channels 2-13 in Zone I, co-channel allotments must be 
separated by 244.6 km, and no adjacent-channel allotments are permitted 
between 20 km and 110 km.
    (ii) For UHF channels 14-36 in Zone I, co-channel allotments must 
be separated by 196.3 km, and no adjacent-channel allotments are 
permitted between 24 km and 110 km.
    (iii) For VHF channels 2-13 in Zones II and III, co-channel 
allotments must be separated by 273.6 km, and no adjacent-channel 
allotments are permitted between 23 km and 110 km.
    (iv) For UHF channels 14-36 in Zones II and III, co-channel 
allotments must be separated by 223.7 km, and no adjacent-channel 
allotments are permitted between 24 km and 110 km.
    (3) Zones are defined in Sec.  73.609. The minimum distance 
separation between a TV station in one zone and TV station in another 
zone shall be that of the zone requiring the lower separation.
    (4) Due to the frequency spacing that exists between Channels 4 and 
5, between Channels 6 and 7, and between Channels 13 and 14, the 
minimum geographic spacing requirements specified in paragraph (k)(2) 
of this section shall not be applicable to these pairs of channels 
(Sec.  73.603(a)).
0
19. Revise Sec.  73.623 to read as follows:


Sec.  73.623  TV application processing.

    (a) General. Applications for new TV broadcast stations or for 
changes in authorized TV stations filed pursuant to this section will 
not be accepted for filing if they fail to comply with the requirements 
of this section and Sec. Sec.  73.614, 73.617, 73.618, and 73.620.
    (b) Availability of channels. Applications may be filed to 
construct TV broadcast stations only on the channels designated in the 
Table of TV Allotments set forth in Sec.  73.622(j), and only in the 
communities listed therein. Applications that fail to comply with this 
requirement, whether or not accompanied by a petition to amend the TV 
Table, will not be accepted for filing.
    (c) through (g) [Reserved]
    (h) TV application processing priorities.
    (1) [Reserved]
    (2) TV applications for a construction permit or a modified 
construction permit:
    (i) Shall be afforded the interference protection set forth in 
Sec.  73.620:
    (A) through (C) [Reserved]
    (D) By later-filed TV applications; and
    (E) By later-filed rulemaking petitions to amend the Table of TV 
Allotments;
    (ii) Must demonstrate the requisite interference protection set 
forth in Sec.  73.620 to:
    (A) TV licensed stations;
    (B) TV construction permits;
    (C) Earlier-filed TV applications;
    (D) Existing TV allotments;
    (E) Rulemaking petitions to amend the Table of TV Allotments for 
which a Notice of Proposed Rule Making has been released and the 
comment deadline specified therein has passed prior to the filing date 
of the TV application;
    (F) through (J) [Reserved]
    (iii) That do not provide the requisite interference protection set 
forth Sec.  73.620 to the following applications and petitions will be 
deemed mutually exclusive with those applications and petitions:
    (A) Other TV applications filed the same day;
    (B) Rulemaking petitions to amend the Table of TV Allotments for 
which a Notice of Proposed Rule Making had been released and the 
comment deadline specified therein had not passed prior to the filing 
date of the TV application; and
    (C) Earlier-filed rulemaking petitions to amend the Table of TV 
Allotments for which a Notice of Proposed Rule Making had not been 
released.
    (3) TV applicants and TV rulemaking petitioners that are mutually 
exclusive pursuant to this section will be notified by Public Notice 
and provided with a 90-day period of time to resolve their mutual 
exclusivity via engineering amendment or settlement. Those applications 
and petitions that remain mutually exclusive upon conclusion of the 90-
day settlement period will be dismissed.
0
20. Revise Sec.  73.624 to read as follows:


Sec.  73.624  Television broadcast stations.

    (a) Television broadcast stations are assigned channels 6 MHz wide.
    (b) Minimum programming requirements. The TV service that is 
provided pursuant to this paragraph (b) must have a resolution of at 
least 480i

[[Page 8674]]

(vertical resolution of 480 lines, interlaced).
    (1) TV licensees or permittees that broadcast in ATSC 1.0 (using 
the transmission standard in 73.682(d)) shall transmit at least one 
free over the air video program signal at no direct charge to viewers.
    (2) [Reserved]
    (3) TV licensees or permittees that choose to broadcast an ATSC 3.0 
signal (using the Next Gen TV transmission standard in Sec.  73.682(f)) 
shall transmit at least one free over the air video programming stream 
on that signal that requires at most the signal threshold of a 
comparable received TV signal. TV licensees or permittees that choose 
to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission 
standard in Sec.  73.682(f)) shall also simulcast the primary video 
programming stream on its ATSC 3.0 signal by broadcasting an ATSC 1.0 
signal (using the TV transmission standard in Sec.  73.682(d)) from 
another broadcast television facility within its local market in 
accordance with the local simulcasting requirement in Sec. Sec.  
73.3801, 73.6029 and 74.782 of this chapter.
    (c) Provided that TV broadcast stations comply with paragraph (b) 
of this section, TV broadcast stations are permitted to offer services 
of any nature, consistent with the public interest, convenience, and 
necessity, on an ancillary or supplementary basis. The kinds of 
services that may be provided 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 TV broadcast 
stations' obligations under paragraph (b) of this section. Such 
services may be provided on a broadcast, point-to-point or point-to-
multipoint basis, provided, however, that any video broadcast signal 
provided at no direct charge to viewers shall not be considered 
ancillary or supplementary.
    (1) TV licensees that provide ancillary or supplementary services 
that are analogous to other services subject to regulation by the 
Commission must comply with the Commission regulations that apply to 
those services, provided, however, that no ancillary or supplementary 
service shall have any rights to carriage under Sec. Sec.  614 or 615 
of the Communications Act of 1934, as amended, or be deemed a 
multichannel video programming distributor for purposes of section 628 
of the Communications Act of 1934, as amended.
    (2) In all arrangements entered into with outside parties affecting 
service operation, the TV licensee or permittee must retain control 
over all material transmitted in a broadcast mode via the station's 
facilities, with the right to reject any material in the sole judgement 
of the permittee or licensee. The license or permittee is also 
responsible for all aspects of technical operation involving such 
telecommunications services.
    (3) In any application for renewal of a broadcast license for a 
television station that provides ancillary or supplementary services, a 
licensee shall establish that all of its program services are in the 
public interest. Any violation of the Commission's rules applicable to 
ancillary or supplementary services will reflect on the licensee's 
qualifications for renewal of its license.
    (d) through (f) [Reserved]
    (g) Commercial TV licensees and permittees, and low power 
television, TV translator, and Class A licensees and permittees, must 
annually remit a fee of 5 percent of the gross revenues derived from 
all ancillary and supplementary services, as defined by paragraph (c) 
of this section, which are feeable, as defined in paragraphs (g)(1)(i) 
and (ii) of this section. Noncommercial TV licensees and permittees 
must annually remit a fee of 5 percent of the gross revenues derived 
from all ancillary and supplementary services, as defined by paragraph 
(c) of this section, which are feeable, as defined in paragraphs 
(g)(1)(i) and (ii) of this section, except that such licensees and 
permittees must annually remit a fee of 2.5 percent of the gross 
revenues from such ancillary or supplementary services which are 
nonprofit, noncommercial, and educational.
    (1)(i) All ancillary or supplementary services for which payment of 
a subscription fee or charge is required in order to receive the 
service are feeable. The fee required by this provision shall be 
imposed on any and all revenues from such services, including revenues 
derived from subscription fees and from any commercial advertisements 
transmitted on the service.
    (ii) Any ancillary or supplementary service for which no payment is 
required from consumers in order to receive the service is feeable if 
the TV licensee directly or indirectly receives compensation from a 
third party in return for the transmission of material provided by that 
third party (other than commercial advertisements used to support 
broadcasting for which a subscription fee is not required). The fee 
required by this provision shall be imposed on any and all revenues 
from such services, other than revenues received from a third party in 
return for the transmission of commercial advertisements used to 
support broadcasting for which a subscription fee is not required.
    (2) Payment of fees. (i) Each December 1, all commercial and 
noncommercial TV licensees and permittees that provided feeable 
ancillary or supplementary services as defined in this section at any 
point during the 12-month period ending on the preceding September 30 
will electronically report, for the applicable period:
    (A) A brief description of the feeable ancillary or supplementary 
services provided;
    (B) Gross revenues received from all feeable ancillary and 
supplementary services provided during the applicable period; and
    (C) The amount of bitstream used to provide feeable ancillary or 
supplementary services during the applicable period. Licensees and 
permittees will certify under penalty of perjury the accuracy of the 
information reported. Failure to file information required by this 
section may result in appropriate sanctions.
    (ii) A commercial or noncommercial TV licensee or permittee that 
has provided feeable ancillary or supplementary services at any point 
during a 12-month period ending on September 30 must additionally file 
the FCC's standard remittance form (Form 159) on the subsequent 
December 1. Licensees and permittees will certify the amount of gross 
revenues received from feeable ancillary or supplementary services for 
the applicable 12-month period and will remit the payment of the 
required fee.
    (iii) The Commission reserves the right to audit each licensee's or 
permittee's records which support the calculation of the amount 
specified on line 23A of Form 159. Each licensee or permittee, 
therefore, is required to retain such records for three years from the 
date of remittance of fees.
0
21. Amend Sec.  73.625 by:
0
a. Revising the section heading;
0
b. Removing and reserving paragraphs (a) through (b);
0
c. Revising paragraphs (c)(3)(ii) and (v);
0
d. Adding paragraphs (c)(3)(vii) and (viii);
0
e. Revising paragraphs (c)(4)(i) and (ii);
0
f. Adding paragraph (c)(4)(iii);
0
g. Revising paragraph (c)(5); and
0
h. Adding paragraph (d).
    The revisions and additions read as follows:


Sec.  73.625  TV antenna system.

* * * * *

[[Page 8675]]

    (c) * * *
* * * * *
    (3) * * *
    (ii) Relative field horizontal plane pattern (patterns for both 
horizontal and vertical polarization should be included if elliptical 
or circular polarization is used consistent with paragraph (d) of this 
section) of the proposed directional antenna. A value of 1.0 should be 
used for the maximum radiation in the horizontal polarization. The plot 
of the pattern should be oriented so that 0 degrees corresponds to true 
North. Where mechanical beam tilt is intended, the amount of tilt in 
degrees of the antenna vertical axis and the orientation of the 
downward tilt with respect to true North must be specified. The 
horizontal plane pattern must reflect the use of mechanical beam tilt 
if no elevation pattern is included, but it is preferable to submit a 
separate unmodified horizontal plane pattern with the elevation pattern 
for mechanically-tilted stations.
* * * * *
    (v) All horizontal plane patterns must be plotted in a PDF 
attachment to the application in a size sufficient to be easily viewed.
* * * * *
    (vii) If an elevation pattern is submitted in the application form, 
similar tabulations and PDF attachments shall be provided for the 
elevation pattern.
    (viii) 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.
    (4) * * *
    (i) In cases where it is proposed to use a tower of an AM broadcast 
station as a supporting structure for a TV broadcast antenna, an 
appropriate application for changes in the radiating system of the AM 
broadcast station must be filed by the licensee thereof. A formal 
application (FCC Form 301, or FCC Form 340 for a noncommercial 
educational station) will be required if the proposal involves 
substantial change in the physical height or radiation characteristics 
of the AM broadcast antennas; otherwise an informal application will be 
acceptable. (In case of doubt, an informal application (letter) 
together with complete engineering data should be submitted.) An 
application may be required for other classes of stations when the 
tower is to be used in connection with a TV station.
    (ii) When the proposed TV antenna is to be mounted on a tower in 
the vicinity of an AM station directional antenna system and it appears 
that the operation of the directional antenna system may be affected, 
an engineering study must be filed with the TV application concerning 
the effect of the TV antenna on the AM directional radiation pattern. 
Field measurements of the AM stations may be required prior to and 
following construction of the TV station antenna, and readjustments 
made as necessary.
    (iii) In any case, where the TV licensee or permittee proposes to 
mount its antenna on or near an AM tower, as defined in Sec.  1.30002, 
the TV licensee or permittee must comply with Sec.  1.30002 or Sec.  
1.30003, as applicable.
    (5) Applications proposing the use of electrical beam tilt must be 
accompanied by the following:
* * * * *
    (d) It shall be standard to employ horizontal polarization. 
However, circular or elliptical polarization may be employed if 
desired, in which case clockwise (right hand) rotation, as defined in 
the IEEE Standard Definition 42A65-3E2, and transmission of the 
horizontal and vertical components in time and space quadrature shall 
be used. For either omnidirectional or directional antennas the 
licensed effective radiated power of the vertically polarized component 
may not exceed the licensed effective radiated power of the 
horizontally polarized component. For directional antennas, the maximum 
effective radiated power of the vertically polarized component shall 
not exceed the maximum effective radiated power of the horizontally 
polarized component in any specified horizontal or vertical direction.
0
22. Section 73.626 is amended by revising the section heading and 
paragraphs (a)(b), (c)(1), (2), (d), (e), (f)(2), (f)(2)(i) through 
(iii), (f)(4), (5), and (6) to read as follows:


Sec.  73.626  TV distributed transmission systems.

    (a) Distributed transmission systems. A TV station may be 
authorized to operate multiple synchronized transmitters on its 
assigned channel to provide service consistent with the requirements of 
this section. Such operation is called a distributed transmission 
system (DTS). Except as expressly provided in this section, TV stations 
operating a DTS facility must comply with all rules applicable to TV 
single-transmitter stations.
    (b) Authorized service area. For purposes of compliance with this 
section, a station's ``authorized service area'' is defined as the area 
within its predicted noise-limited service contour determined using the 
facilities authorized for the station in a license or construction 
permit for non-DTS, single-transmitter-location operation (its 
``authorized facility'').
    (c) * * *
    (1) TV station zones are defined in Sec.  73.609.
    (2) DTS reference point. A station's DTS reference point is 
established in the FCC Order that created or made final modifications 
to the Table of TV Allotments, Sec.  73.622(j), and the corresponding 
facilities for the station's channel assignment as set forth in that 
FCC Order.
    (d) Determining DTS coverage. The coverage for each DTS transmitter 
is determined based on the F(50,90) field strength given in the Table 
of Distances (in paragraph (c) of this section), calculated in 
accordance with Sec.  73.619(b). The combined coverage of a DTS station 
is the logical union of the coverage of all DTS transmitters.
    (e) DTS protection from interference. A DTS station must be 
protected from interference in accordance with the criteria specified 
in Sec.  73.620. To determine compliance with the interference 
protection requirements of Sec.  73.620, the population served by a DTS 
station shall be the population within the station's combined coverage 
contour, excluding the population in areas that are outside both the TV 
station's authorized service area and the Table of Distances area (in 
paragraph (c) of this section). Only population that is predicted to 
receive service by the method described in Sec.  73.619(c)(2) from at 
least one individual DTS transmitter will be considered.
    (f) * * *
* * * * *
    (2) Each DTS transmitter's coverage is contained within either the 
TV station's Table of Distances area (pursuant to paragraph (c) of this 
section) or its authorized service area, except where such extension of 
coverage meets the following criteria:
    (i) In no event shall the F(50,50) service contour of any DTS 
transmitter extend beyond that of its authorized facility and its Table 
of Distances F(50,50) area; and
    (ii) In no event shall the F(50,10) node-interfering contour of any 
DTS transmitter, aside from one located at the site of its authorized 
facility, extend beyond the F(50,10) reference-interfering contour of 
its authorized facility and its Table of Distances F(50,10) reference 
area; and
    (iii) In no event shall the F(50,10) reference-interfering contour 
of a facility located at the site of its authorized facility extend 
beyond the F(50,10) reference-interfering contour of its authorized 
facility;
* * * * *

[[Page 8676]]

    (4) The coverage from one or more DTS transmitter(s) is shown to 
provide principal community coverage as required in Sec.  73.618;
    (5) The ``combined field strength'' of all the DTS transmitters in 
a network does not cause interference to another station in excess of 
the criteria specified in Sec.  73.620, where the combined field 
strength level is determined by a ``root-sum-square'' calculation, in 
which the combined field strength level at a given location is equal to 
the square root of the sum of the squared field strengths from each 
transmitter in the DTS network at that location.
    (6) Each DTS transmitter must be located within either the TV 
station's Table of Distances area or its authorized service area.
* * * * *


Sec.  73.641  [Removed]

0
23. Remove Sec.  73.641.


Sec.  73.642  [Removed]

0
24. Remove Sec.  73.642.


Sec.  73.643  [Removed]

0
25. Remove Sec.  73.643.


Sec.  73.644  [Removed]

0
26. Remove Sec.  73.644.


Sec.  73.646  [Removed and Reserved]

0
27. Remove and reserve Sec.  73.646.


Sec.  73.653  [Removed and Reserved]

0
28. Remove and reserve Sec.  73.653.
0
29. Revise Sec.  73.664 to read as follows:


Sec.  73.664  Determining operating power.

    (a) Required method. The operating power of each TV transmitter 
shall normally be determined by the direct method.
    (b) Direct method. The direct method of power determination for a 
TV transmitter uses the indications of a calibrated transmission line 
meter located at the RF output terminals of the transmitter. The 
indications of the calibrated meter are used to observe and maintain 
the authorized operating power of the transmitter. This meter must be 
calibrated whenever any component in the metering circuit is repaired 
or replaced and as often as necessary to ensure operation in accordance 
with the provisions of Sec.  73.1560 of this part. The following 
calibration procedures are to be used:
    (1) The transmission line meter is calibrated by measuring the 
average power at the output terminals of the transmitter, including any 
filters which may be used in normal operation. For this determination 
the average power output is measured while operating into a dummy load 
of substantially zero reactance and a resistance equal to the 
transmission line characteristic impedance.
    (2) If electrical devices are used to determine the output power, 
such devices must permit determination of this power to within an 
accuracy of 5% of the power indicated by the full scale 
reading of the electrical indicating instrument of the device. If 
temperature and coolant flow indicating devices are used to determine 
the power output, such devices must permit determination of this power 
to within an accuracy of 4% of measured average power 
output. During this measurement the input voltage and current to the 
final radio frequency amplifier stage and the transmission line meter 
are to be read and compared with similar readings taken with the dummy 
load replaced by the antenna. These readings must be in substantial 
agreement.
    (3) The meter must be calibrated with the transmitter operating at 
80%, 100%, and 110% of the authorized power as often as may be 
necessary to maintain its accuracy and ensure correct transmitter 
operating power. In cases where the transmitter is incapable of 
operating at 110% of the authorized power output, the calibration may 
be made at a power output between 100% and 110% of the authorized power 
output. However, where this is done, the output meter must be marked at 
the point of calibration of maximum power output, and the station will 
be deemed to be in violation of this rule if that power is exceeded. 
The upper and lower limits of permissible power deviation as determined 
by the prescribed calibration, must be shown upon the meter either by 
means of adjustable red markers incorporated in the meter or by red 
marks placed upon the meter scale or glass face. These markings must be 
checked and changed, if necessary, each time the meter is calibrated.
    (c) Indirect method. The operating power is determined by the 
indirect method by applying an appropriate factor to the input power to 
the final radio-frequency amplifier stage of the transmitter using the 
following formula:

Formula 1 to introductory text of paragraph (c)
Transmitter output power = Ep x Ip x F

Where:

Ep = DC input voltage of the final radio-frequency amplifier stage.
Ip = DC input current of the final radio-frequency amplifier stage.
F = Efficiency factor.

    (1) If the above formula is not appropriate for the design of the 
transmitter final amplifier, use a formula specified by the transmitter 
manufacturer with other appropriate operating parameters.
    (2) The value of the efficiency factor, F established for the 
authorized transmitter output power is to be used for maintaining the 
operating power, even though there may be some variation in F over the 
power operating range of the transmitter.
    (3) The value of F is to be determined and a record kept thereof by 
one of the following procedures listed in order of preference:
    (i) Using the most recent measurement data for calibration of the 
transmission line meter according to the procedures described in 
paragraph (b) of this section or the most recent measurements made by 
the licensee establishing the value of F. In the case of composite 
transmitters or those in which the final amplifier stages have been 
modified pursuant to FCC approval, the licensee must furnish the FCC 
and also retain with the station records the measurement data used as a 
basis for determining the value of F.
    (ii) Using measurement data shown on the transmitter manufacturer's 
test data supplied to the licensee, provided that measurements were 
made at the authorized channel and transmitter output power.
    (iii) Using the transmitter manufacturer's measurement data.


Sec.  73.665  [Removed and Reserved]

0
30. Remove and reserve Sec.  73.665.


Sec.  73.667  [Removed and Reserved]

0
31. Remove and reserve Sec.  73.667.


Sec.  73.669  [Removed and Reserved]

0
32. Remove and reserve Sec.  73.669.
0
33. Revise Sec.  73.681 to read as follows:


Sec.  73.681  Definitions.

    Antenna electrical beam tilt. The shaping of the radiation pattern 
in the vertical plane of a transmitting antenna by electrical means so 
that maximum radiation occurs at an angle below the horizontal plane.
    Antenna height above average terrain. The average of the antenna 
heights above the terrain from approximately 3.2 (2 miles) to 16.1 
kilometers (10 miles) from the antenna for the eight directions spaced 
evenly for each 45 degrees of azimuth starting with True North. (In 
general, a different antenna height will be determined in each 
direction from the antenna. The average of these various heights is 
considered the antenna height above the average terrain. Where circular 
or elliptical polarization is employed, the antenna height above 
average terrain shall be

[[Page 8677]]

based upon the height of the radiation center of the antenna which 
transmits the horizontal component of radiation.
    Antenna mechanical beam tilt. The intentional installation of a 
transmitting antenna so that its axis is not vertical, in order to 
change the normal angle of maximum radiation in the vertical plane.
    Antenna power gain. The square of the ratio of the root-mean-square 
free space field strength produced at 1 kilometer in the horizontal 
plane, in millivolts per meter for one kW antenna input power to 221.4 
mV/m. This ratio should be expressed in decibels (dB). (If specified 
for a particular direction, antenna power gain is based on the field 
strength in that direction only.)
    Aspect ratio. The ratio of picture width to picture height as 
transmitted.
    Auxiliary facility. An auxiliary facility is an antenna separate a 
from the main facility's antenna, permanently installed on the same 
tower or at a different location, from which a station may broadcast 
for short periods without prior Commission authorization or notice to 
the Commission while the main facility is not in operation (e.g., where 
tower work necessitates turning off the main antenna or where lightning 
has caused damage to the main antenna or transmission system) (See 
Sec.  73.1675).
    Effective radiated power. The product of the antenna input power 
and the antenna power gain. This product should be expressed in kW and 
in dB above 1 kW (dBk). (If specified for a particular direction, 
effective radiated power is based on the antenna power gain in that 
direction only. The licensed effective radiated power is based on the 
maximum antenna power gain. When a station is authorized to use a 
directional antenna or an antenna beam tilt, the direction of the 
maximum effective radiated power will be specified.) Where circular or 
elliptical polarization is employed, the term effective radiated power 
is applied separately to the horizontally and vertically polarized 
components of radiation. For assignment purposes, only the effective 
radiated power authorized for the horizontally polarized component will 
be considered.
    Equivalent isotropically radiated power (EIRP). The term 
``equivalent isotropically radiated power'' (also known as ``effective 
radiated power above isotropic'') means the product of the antenna 
input power and the antenna gain in a given direction relative to an 
isotropic antenna.
    Free space field strength. The field strength that would exist at a 
point in the absence of waves reflected from the earth or other 
reflecting objects.
    Interlaced scanning. A scanning process in which successively 
scanned lines are spaced an integral number of line widths, and in 
which the adjacent lines are scanned during successive cycles of the 
field frequency.
    Polarization. The direction of the electric field as radiated from 
the transmitting antenna.
    Standard television signal. A signal which conforms to the 
television transmission standards.
    Synchronization. The maintenance of one operation in step with 
another.
    Television broadcast band. The frequencies in the band extending 
from 54 to 608 megahertz which are assignable to television broadcast 
stations. These frequencies are 54 to 72 megahertz (channels 2 through 
4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz 
(channels 7 through 13), and 470 to 608 megahertz (channels 14 through 
36).
    Television broadcast station. A station in the television broadcast 
band transmitting simultaneous visual and aural signals intended to be 
received by the general public.
    Television channel. A band of frequencies 6 MHz wide in the 
television broadcast band and designated either by number or by the 
extreme lower and upper frequencies.
    Television transmission standards. The standards which determine 
the characteristics of a television signal as radiated by a television 
broadcast station.
    Television transmitter. The radio transmitter or transmitters for 
the transmission of both visual and aural signals.
    Vestigial sideband transmission. A system of transmission wherein 
one of the generated sidebands is partially attenuated at the 
transmitter and radiated only in part.
0
34. Amend Sec.  73.682 by:
0
a. Removing and reserving paragraphs (a) through (c);
0
b. Revising paragraph (d);
0
c. Adding paragraph (e)(7); and
0
d. Removing the Note to Sec.  73.682.
    The revision and addition read as follows:


Sec.  73.682  TV transmission standards.

* * * * *
    (d) Broadcast television transmission standards. (1) Transmission 
of broadcast television signals shall comply with the standards 
(incorporated by reference, see Sec.  73.8000) for such transmissions 
set forth in:
    (i) ATSC A/52;
    (ii) ATSC A/53, Parts 1-4 and 6: 2007 and ATSC A/53 Part 5:2010;, 
and
    (iii) ATSC A/65C:.
    (2) Although not incorporated by reference, licensees may also 
consult:
    (i) ATSC A/54A: ``Recommended Practice: Guide to Use of the ATSC 
Digital Television Standard, including Corrigendum No. 1,'' (December 
4, 2003, Corrigendum No. 1 dated December 20, 2006, and
    (ii) ATSC A/69: ``Recommended Practice PSIP Implementation 
Guidelines for Broadcasters,'' (June 25, 2002).
    (iii) For availability of this material, contact ATSC (see Sec.  
73.8000 for contact information).
    (e) * * *
    (7) For additional information regarding this requirement, see 
Implementation of the Commercial Advertisement Loudness Mitigation 
(CALM) Act, FCC 11-182.
* * * * *
0
35. Amend Sec.  73.683 by:
0
a. Revising the section heading and paragraph (a);
0
b. Removing and reserving paragraphs (b) and (c); and
0
c. Revising paragraph (d).
    The revisions read as follows:


Sec.  73.683  Presumptive determination of field strength at individual 
locations.

    (a) See Sec.  73.619(c). For purposes of the cross-reference from 
Sec.  90.307(b), the Grade B contour is defined as the F(50,50) contour 
at 64 dBu.
* * * * *
    (d) For purposes of determining the eligibility of individual 
households for satellite retransmission of distant network signals 
under the copyright law provisions of 17 U.S.C. 119(d)(10)(A), field 
strength shall be determined by the Individual Location Longley-Rice 
(ILLR) propagation prediction model. Such eligibility determinations 
shall consider only the signals of network stations located in the 
subscriber's Designated Market Area. Guidance for use of the ILLR model 
in predicting the field strength of television signals for such 
determinations is provided in OET Bulletin No. 73. For availability of 
OET Bulletin No. 73, contact FCC (see Sec.  73.8000 for contact 
information).
* * * * *


Sec.  73.684   [Removed and Reserved]

0
36. Remove and reserve Sec.  73.684.


Sec.  73.685   [Removed and Reserved]

0
37. Remove and reserve Sec.  73.685.
0
38. Amend Sec.  73.686 by:
0
a. Revising paragraphs (c)(1)(i);
0
b. Removing and reserving paragraph (d); and
0
c. Revising paragraph (e) introductory text.
    The revisions read as follows:

[[Page 8678]]

Sec.  73.686  Field strength measurements.

* * * * *
    (c) * * *
    (1) * * *
    (i) The population (P) of the community, and its suburbs, if any, 
is determined by reference to the most recent official decennial U.S. 
Census population data as identified by the Media Bureau in a Public 
Notice. (See Sec.  73.620(b)).
* * * * *
    (e) Collection of field strength data to determine television 
signal intensity at an individual location--cluster measurements--
* * * * *
0
39. Amend Sec.  73.687 by:
0
a. Removing and reserving paragraphs (a) and (b);
0
b. Revising paragraph (c) introductory text;
0
c. Removing and reserving paragraph (c)(1); and
0
d. Removing paragraph (e).
    The revisions read as follows:


Sec.  73.687   Transmission system requirements.

* * * * *
    (c) Requirements applicable to transmitters. (1) [Reserved].
* * * * *
0
40. Section 73.688 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.688  Indicating instruments.

    (a) Each TV broadcast station shall be equipped with indicating 
instruments which conform with the specifications described in Sec.  
73.1215 for measuring the operating parameters of the last radio stage 
of the transmitter, and with such other instruments as are necessary 
for the proper adjustment, operation, and maintenance of the 
transmitting system.
* * * * *


Sec.  73.691  [Removed and Reserved]

0
41. Remove and reserve Sec.  73.691.


Sec.  73.698   [Removed and Reserved]

0
42. Remove and reserve Sec.  73.698.


Sec.  73.699  [Amended]

0
43. Section 73.699 is amended by removing Figures 5, 5(a), 6, 7, 8, 11, 
12, 16, and 17.
0
44. Section 73.1001 is amended to revise paragraph (c) to read as 
follows:


Sec.  73.1001  Scope.

* * * * *
    (c) Certain provisions of this subpart apply to International 
Broadcast Stations (subpart F, part 73), LPFM (subpart G, part 73), and 
Low Power TV and TV Translator Stations (subpart G, part 74) where the 
rules for those services so provide.
* * * * *
0
45. Revise Sec.  73.1015 to read as follows:


Sec.  73.1015  Truthful written statements and responses to Commission 
inquiries and correspondence.

    The Commission or its representatives may, in writing, require from 
any applicant, permittee, or licensee written statements of fact 
relevant to a determination whether an application should be granted or 
denied, or to a determination whether a license should be revoked, or 
to any other matter within the jurisdiction of the Commission, or, in 
the case of a proceeding to amend the Table of FM Allotments or Table 
of TV Allotments, require from any person filing an expression of 
interest, written statements of fact relevant to that allotment 
proceeding. Any such statements of fact are subject to the provisions 
of Sec.  1.17 of this chapter.
0
46. Section 73.1020 is amended by revising paragraphs (a)(1)(i) and 
(ii), (2)(i) and (ii), (3)(1)(i) and (ii), (4)(1)(i) and (ii), 
(5)(1)(i) and (ii), (6)(1)(i) and (ii), (7)(1)(i) and (ii), (8)(1)(i) 
and (ii), (9)(1)(i) and (ii), (10)(1)(i) and (ii), (11)(1)(i) and (ii), 
(12)(1)(i) and (ii), (13)(1)(i) and (ii), (14)(1)(i) and (ii), 
(15)(1)(i) and (ii), (16)(1)(i) and (ii), (17)(1)(i) and (ii), 
(18)(1)(i) and (ii) and (b) to read as follows:


Sec.  73.1020  Station license period.

    (a) * * *
    (1) * * *
    (i) Radio stations, October 1, 2027.
    (ii) Television stations, October 1, 2028.
    (2) * * *
    (i) Radio stations, December 1, 2027.
    (ii) Television stations, December 1, 2028.
    (3) * * *
    (i) Radio stations, February 1, 2028.
    (ii) Television stations, February 1, 2029.
    (4) * * *
    (i) Radio stations, April 1, 2028.
    (ii) Television stations, April 1, 2029.
    (5) * * *
    (i) Radio stations, June 1, 2028.
    (ii) Television stations, June 1, 2029.
    (6) * * *
    (i) Radio stations, August 1, 2028.
    (ii) Television stations, August 1, 2029.
    (7) * * *
    (i) Radio stations, October 1, 2028.
    (ii) Television stations, October 1, 2029.
    (8) * * *
    (i) Radio stations, December 1, 2028.
    (ii) Television stations, December 1, 2029.
    (9) * * *
    (i) Radio stations, February 1, 2029.
    (ii) Television stations, February 1, 2030.
    (10) * * *
    (i) Radio stations, April 1, 2029.
    (ii) Television stations, April 1, 2030.
    (11) * * *
    (i) Radio stations, June 1, 2029.
    (ii) Television stations, June 1, 2030.
    (12) * * *
    (i) Radio stations, August 1, 2029.
    (ii) Television stations, August 1, 2030.
    (13) * * *
    (i) Radio stations, October 1, 2029.
    (ii) Television stations, October 1, 2022.
    (14) * * *
    (i) Radio stations, December 1, 2029.
    (ii) Television stations, December 1, 2022.
    (15) * * *
    (i) Radio stations, February 1, 2030.
    (ii) Television stations, February 1, 2023.
    (16) * * *
    (i) Radio stations, April 1, 2030.
    (ii) Television stations, April 1, 2023.
    (17) * * *
    (i) Radio stations, June 1, 2030.
    (ii) Television stations, June 1, 2023.
    (18) * * *
    (i) Radio stations, August 1, 2030.
    (ii) Television stations, August 1, 2023.
    (b) For the deadline for filing petitions to deny renewal 
applications, see Sec.  73.3516(e).
* * * * *
0
47. Section 73.1030 is amended by revising paragraphs (a)(1) and (b)(2) 
to read as follows:


Sec.  73.1030   Notifications concerning interference to radio 
astronomy, research and receiving installations.

    (a) ***(1) Radio astronomy and radio research installations. In 
order to minimize harmful interference at the National Radio Astronomy 
Observatory site located at Green, Pocahontas County, West Virginia, 
and at the Naval Radio Research Observatory at Sugar Grove, Pendleton 
County, West Virginia, a licensee proposing to operate a short-term 
broadcast auxiliary station pursuant to Sec.  74.24, and any applicant 
for authority to construct a new broadcast station, or for authority to 
make changes in the frequency, power, antenna height, or antenna 
directivity of an existing station within the area bounded by 
39[deg]15' N on the north, 78[deg]30' W on the east, 37[deg]30' N on 
the south, and 80[deg]30' W on the west, shall notify the Interference 
Office, National

[[Page 8679]]

Radio Astronomy Observatory, P.O. Box 2, Green Bank, West Virginia 
24944. Telephone: (304) 456-2011; Email: [email protected]. * * *
* * * * *
    (b) * * *
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Institute for Telecommunication 
Sciences, 325 Broadway, Boulder, CO 80305; telephone (303) 497-4220, 
email [email protected], in advance of filing their 
applications with the Commission.
0
48. Amend Sec.  73.1201 by:
0
a. Revising paragraph (b)(1);
0
b. Removing and reserving paragraph (d); and
0
c. Adding paragraph (e):
    The revisions and additions read as follows:


Sec.  73.1201  Station identification.

* * * * *
    (b) * * *
    (1) Official station identification shall consist of the station's 
call letters immediately followed by the community or communities 
specified in its license as the station's location; Provided, That the 
name of the licensee, the station's frequency, the station's channel 
number, as stated on the station's license, and/or the station's 
network affiliation may be inserted between the call letters and 
station location. TV stations, or DAB Stations, choosing to include the 
station's channel number in the station identification must use the 
station's major channel number and may distinguish multicast program 
streams. For example, a TV station with major channel number 26 may use 
26.1 to identify an HDTV program service and 26.2 to identify an SDTV 
program service. A TV station that is devoting one of its multicast 
streams to transmit the programming of another television licensee must 
identify itself and may also identify the licensee that it is 
transmitting. If a TV station in this situation chooses to identify the 
station that is the source of the programming it is transmitting, it 
must use the following format: Station WYYY, community of license (call 
sign and community of license of the station whose multicast stream is 
transmitting the programming), bringing you WXXX, community of license 
(call sign and community of license of the licensee providing the 
programming). The transmitting station may insert between its call 
letters and its community of license the following information: the 
frequency of the transmitting station, the channel number of the 
transmitting station, the name of the licensee of the transmitting 
station and the licensee providing the programming, and/or the name of 
the network of either station. Where a multicast station is carrying 
the programming of another station and is identifying that station as 
the source of the programming, using the format described above, the 
identification may not include the frequency or channel number of the 
program source. A radio station operating in DAB hybrid mode or 
extended hybrid mode shall identify its digital signal, including any 
free multicast audio programming streams, in a manner that 
appropriately alerts its audience to the fact that it is listening to a 
digital audio broadcast. No other insertion between the station's call 
letters and the community or communities specified in its license is 
permissible.
* * * * *
    (e) 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 TV and Class A TV stations shall transmit their assigned 
odd-numbered TSID.
    (2) In ATSC 3.0, a similar value is used called a Bit Stream ID 
(BSID). Stations operating in ATSC 3.0 mode shall utilize their 
assigned even-numbered TSID as their BSID, consistent with paragraph 
(1) of this section.
0
49. Section 73.1207 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  73.1207  Rebroadcasts.

* * * * *
    (b) * * *
* * * * *
    (2) Permission must be obtained from the originating station to 
rebroadcast any subsidiary communications transmitted by means of a 
multiplex subcarrier.
* * * * *
0
50. Section 73.1216 is amended by adding paragraphs (a)(1) through (3) 
and (d), and removing Notes 1, 2 and 3 to read as follows:


Sec.  73.1216  Licensee-conducted contests.

    (a) * * *
    (1) A contest is a scheme in which a prize is offered or awarded, 
based upon chance, diligence, knowledge or skill, to members of the 
public;
    (2) Material terms include those factors which define the operation 
of the contest and which affect participation therein. Although the 
material terms may vary widely depending upon the exact nature of the 
contest, they will generally include: How to enter or participate; 
eligibility restrictions; entry deadline dates; whether prizes can be 
won; when prizes can be won; the extent, nature and value of prizes; 
basis for valuation of prizes; time and means of selection of winners; 
and/or tie-breaking procedures.
    (3) In general, the time and manner of disclosure of the material 
terms of a contest are within the licensee's discretion. However, the 
obligation to disclose the material terms arises at the time the 
audience is first told how to enter or participate and continues 
thereafter.
* * * * *
    (d) This section is not applicable to licensee-conducted contests 
not broadcast or advertised to the general public or to a substantial 
segment thereof, to contests in which the general public is not 
requested or permitted to participate, to the commercial advertisement 
of non-licensee-conducted contests, or to a contest conducted by a non-
broadcast division of the licensee or by a non-broadcast company 
related to the licensee.
0
51. Revise Sec.  73.1217 to read as follows:


Sec.  73.1217   Broadcast hoaxes.

    (a) No licensee or permittee of any broadcast station shall 
broadcast false information concerning a crime or a catastrophe if:
    (1) The licensee knows this information is false;
    (2) It is foreseeable that broadcast of the information will cause 
substantial public harm, and
    (3) Broadcast of the information does in fact directly cause 
substantial public harm.
    (b) Any programming accompanied by a disclaimer will be presumed 
not to pose foreseeable harm if the disclaimer clearly characterizes 
the program as a fiction and is presented in a way that is reasonable 
under the circumstances.
    (c) For purposes of this rule, ``public harm'' must begin 
immediately, and cause direct and actual damage to property or to the 
health or safety of the general public, or diversion of law enforcement 
or other public health and safety authorities from their duties. The 
public harm will be deemed foreseeable if the licensee could expect 
with a significant degree of certainty that public harm would occur. A 
``crime'' is any act or omission that makes the offender subject to 
criminal punishment by law. A ``catastrophe'' is a disaster or imminent 
disaster involving violent or sudden event affecting the public.

[[Page 8680]]

0
52. Section 73.1250 is amended by revising paragraph (e) to read as 
follows:


Sec.  73.1250  Broadcasting emergency information.

* * * * *
    (e) Immediately upon cessation of an emergency during which 
broadcast facilities were used for the transmission of point-to-point 
messages under paragraph (b) of this section, or when daytime 
facilities were used during nighttime hours by an AM station in 
accordance with paragraph (f) of this section, a report in letter form 
shall be forwarded to the FCC's main office indicated in 47 CFR 
0.401(a) setting forth the nature of the emergency, the dates and hours 
of the broadcasting of emergency information, and a brief description 
of the material carried during the emergency. A certification of 
compliance with the noncommercialization provision of paragraph (f) of 
this section must accompany the report where daytime facilities are 
used during nighttime hours by an AM station, together with a detailed 
showing, under the provisions of that paragraph, that no other 
broadcast service existed or was adequate.
* * * * *
0
53. Section 73.1350 is amended by removing and reserving paragraph 
(f)(3) and revising paragraph (h) to read as follows:


Sec.  73.1350   Transmission system operation.

* * * * *
    (h) Whenever a transmission system control point is established at 
a location other than the main studio or transmitter, a letter of 
notification of that location must be sent to the FCC via a Change of 
Control Point Notice in LMS, within 3 days of the initial use of that 
point. The letter should include a list of all control points in use, 
for clarity. This notification is not required if responsible station 
personnel can be contacted at the transmitter or studio site during 
hours of operation.
* * * * *
0
54. Section 73.1540 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.1540  Carrier frequency measurements.

    (a) The carrier frequency of each AM and FM station shall be 
measured or determined as often as necessary to ensure that they are 
maintained within the prescribed tolerances.
* * * * *


Sec.  73.1545   [Amended]

0
55. Section 73.1545 is amended by removing and reserving paragraph (c), 
and removing paragraph (e) and the Note to paragraph (e).
0
56. Amend Sec.  73.1560 by:
0
a. Revising paragraphs (a)(1) and (c)(1);
0
b. Removing and reserving paragraph (c)(2); and
0
c. Revising paragraph (d).
    The revisions read as follows:


Sec.  73.1560  Operating power and mode tolerances.

    (a) * * *
    (1) Except for AM stations using modulation dependent carrier level 
(MDCL) control technology, or as provided for in paragraph (d) of this 
section, the antenna input power of an AM station, as determined by the 
procedures specified in Sec.  73.51, must be maintained as near as 
practicable to the authorized antenna input power and may not be less 
than 90 percent nor greater than 105 percent of the authorized power. 
AM stations may, without prior Commission authority, commence MDCL 
control technology use, provided that within 10 days after commencing 
such operation, the licensee submits an electronic notification of 
commencement of MDCL control operation using FCC Form 2100 Schedule 
338. The transmitter of an AM station operating using MDCL control 
technology, regardless of the MDCL control technology employed, must 
achieve full licensed power at some audio input level or when the MDCL 
control technology is disabled. MDCL control operation must be disabled 
before field strength measurements on the station are taken.
* * * * *
    (c) * * *
    (1) Except as provided in paragraph (d) of this section, the output 
power of a TV or Class A TV transmitter, as determined by the 
procedures specified in Sec.  73.664, must be maintained as near as is 
practicable to the authorized transmitter output power and may not be 
less than 80% nor more than 110% of the authorized power.
* * * * *
    (d) Reduced power operation. In the event it becomes technically 
impossible to operate at authorized power, a broadcast station may 
operate at reduced power for a period of not more than 30 days without 
specific authority from the FCC. If operation at reduced power will 
exceed 10 consecutive days, notification must be made to the FCC in a 
Reduced Power Notification via LMS, not later than the 10th day of the 
lower power operation. In the event that normal power is restored 
within the 30 day period, the licensee must notify the FCC of the date 
that normal operation was restored. If causes beyond the control of the 
licensee prevent restoration of the authorized power within 30 days, a 
request for Special Temporary Authority (see Sec.  73.1635) must be 
made to the FCC via LMS for additional time as may be necessary.


Sec.  73.1570  Modulation levels: AM and FM.

0
57. Section 73.1570 is amended by revising the section heading to read 
as set forth above and removing and reserving paragraph (b)(3).


Sec.  73.1590  [Amended]

0
58. Section 73.1590 is amended by removing and reserving paragraphs 
(a)(5), (c)(1), and (3).
0
59. Section 73.1615 is amended by revising paragraphs (b)(3) and (c)(1) 
to read as follows:


Sec.  73.1615  Operating during modification of facilities.

* * * * *
    (b) * * *
    (3) Operate in a nondirectional mode during the presently licensed 
hours of directional operation with power reduced to 25% or less of the 
nominal licensed power, or whatever higher power, not exceeding 
licensed power, will insure that the radiated field strength specified 
by the license is not exceeded at any given azimuth for the 
corresponding hours of directional operation, or
* * * * *
    (c) * * *
    (1) Should it be necessary to continue the procedures in either 
paragraph (a) or (b) of this section beyond 30 days, a Silent STA 
application or an Engineering STA application must be filed via LMS.
* * * * *
0
60. Section 73.1620 is amended by revising paragraphs (a)(1) through 
(3), and removing paragraphs (f) and (g) to read as follows:


Sec.  73.1620  Program tests.

    (a) * * *
    (1) The permittee of a nondirectional AM or FM station, or a 
nondirectional or directional TV or Class A TV station, may begin 
program tests upon notification to the FCC in a ``Program Test 
Authority'' filing via LMS provided that within 10 days thereafter, an 
application for a license is filed with the FCC in Washington, DC. 
Television, Class A, TV translator, and low power television broadcast 
stations authorized on channel 14 must comply with Sec.  
73.617(b)(2)(ii).
    (2) The permittee of an FM station with a directional antenna 
system must file an application for license on FCC

[[Page 8681]]

Form 2100 Schedule 302-FM in LMS requesting authority to commence 
program test operations at full power. This license application must be 
filed at least 10 days prior to the date on which full power operations 
are desired to commence. The application for license must contain any 
exhibits called for by conditions on the construction permit. The staff 
will review the license application and the request for program test 
authority and issue a letter notifying the applicant whether full power 
operation has been approved. Upon filing of the license application and 
related exhibits, and while awaiting approval of full power operation, 
the FM permittee may operate the directional antenna at one half (50%) 
of the authorized effective radiated power. Alternatively, the 
permittee may continue operation with its existing licensed facilities 
pending the issuance of program test authority at the full effective 
radiated power by the staff.
    (3) FM licensees replacing a directional antenna pursuant to Sec.  
73.1690 (c)(2) without changes which require a construction permit (see 
Sec.  73.1690(b)) may immediately commence program test operations with 
the new antenna at one half (50%) of the authorized ERP upon 
installation. If the directional antenna replacement is an EXACT 
duplicate of the antenna being replaced (i.e., same manufacturer, 
antenna model number, and measured composite pattern), program tests 
may commence with the new antenna at the full authorized power upon 
installation. The licensee must file a modification of license 
application on FCC Form 2100 Schedule 302-FM within 10 days of 
commencing operations with the newly installed antenna, and the license 
application must contain all of the exhibits required by Sec.  
73.1690(c)(2). After review of the modification-of-license application 
to cover the antenna change, the Commission will issue a letter 
notifying the applicant whether program test operation at the full 
authorized power has been approved for the replacement directional 
antenna.
* * * * *
0
61. Section 73.1635 is amended by revising paragraphs (a)(2), (3), and 
(5) to read as follows:


Sec.  73.1635  Special temporary authorizations (STA).

    (a) * * *
    (2) The request is to be filed electronically in LMS using the 
``Engineering STA Application'' and shall fully describe the proposed 
operation and the necessity for the requested STA. Such letter requests 
shall be signed by the licensee or the licensee's representative.
    (3) A request for a STA necessitated by unforeseen equipment damage 
or failure may be made without regard to the procedural requirements of 
this section (e.g., via email or telephone). Any request made pursuant 
to this paragraph shall be followed by a written confirmation request 
conforming to the requirements of paragraph (a)(2) of this section. 
Confirmation requests shall be submitted within 24 hours. (See also 
Sec.  73.1680 Emergency Antennas).
* * * * *
    (5) Certain rules specify special considerations and procedures in 
situations requiring an STA or permit temporary operation at variance 
without prior authorization from the FCC when notification is filed as 
prescribed in the particular rules. See Sec.  73.62, Directional 
antenna system tolerances; Sec.  73.157, Antenna testing during 
daytime; Sec.  73.158, Directional antenna monitoring points; Sec.  
73.1250, Broadcasting emergency information; Sec.  73.1350, 
Transmission system operation; Sec.  73.1560, Operating power and mode 
tolerances; Sec.  73.1570, Modulation levels: AM, and FM; Sec.  
73.1615, Operation during modification of facilities; Sec.  73.1680, 
Emergency antennas; and Sec.  73.1740, Minimum operating schedule.
* * * * *
0
62. Section 73.1675 is amended by revising paragraphs (a)(1)(iii) and 
(b) to read as follows:


Sec.  73.1675  Auxiliary antennas.

    (a) * * *
    (1) * * *
    (iii) TV stations: The noise limited contour as defined in Sec.  
73.619(c).
* * * * *
    (b) An application for a construction permit to install a new 
auxiliary antenna, or to make changes in an existing auxiliary antenna 
for which prior FCC authorization is required (see Sec.  73.1690), must 
be filed electronically in LMS using FCC Form 2100 (see Sec.  73.3500 
for Schedules) for TV and FM stations, or on FCC Form 2100, Schedule 
340 for noncommercial educational FM stations, and on FCC Form 301 for 
AM stations.
* * * * *
0
63. Section 73.1690 is amended by revising paragraphs (b) introductory 
text, (b)(3), and (c)(3) to read as follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (b) The following changes may be made only after the grant of a 
construction permit application on FCC Form 2100 (see Sec.  73.3500 for 
Schedules) for TV and FM stations, Form 301 for AM stations, or Form 
2100, Schedule 340 for noncommercial educational stations:
* * * * *
    (3) Any change which would require an increase along any azimuth in 
the composite directional antenna pattern of an FM station from the 
composite directional antenna pattern authorized (see Sec.  73.316), or 
any increase from the authorized directional antenna pattern for a TV 
broadcast (see Sec.  73.625) or Class A TV station (see Sec.  73.6025).
* * * * *
    (c) * * *
    (3) A directional TV on Channels 2 through 13 or 22 through 36 or a 
directional Class A TV on Channels 2 through 13 or 22 through 36, or a 
directional TV or Class A TV station on Channels 15 through 21 which is 
in excess of 341 km (212 miles) from a cochannel land mobile operation 
or in excess of 225 km (140 miles) from a first-adjacent channel land 
mobile operation (see Sec.  74.709(a) and (b) of this chapter for 
tables of urban areas and reference coordinates of potentially affected 
land mobile operations), may replace a directional TV or Class A TV 
antenna by a license modification application, if the proposed 
horizontal theoretical directional antenna pattern does not exceed the 
licensed horizontal directional antenna pattern at any azimuth and 
where no change in effective radiated power will result. The 
modification of license application on Form 2100 (see Sec.  73.3500 for 
Schedules) must contain all of the data set forth in Sec.  73.625(c)(3) 
or Sec.  73.6025(a), as applicable.
* * * * *
0
64. Section 73.1740 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  73.1740  Minimum operating schedule.

    (a) * * *
    (4) In the event that causes beyond the control of a licensee make 
it impossible to adhere to the operating schedule of this section or to 
continue operating, the station may limit or discontinue operation for 
a period of not more than 30 days without further authority from the 
FCC. A ``Reduced Power'' or ``Suspension of Operation'' Notification 
must be made via LMS not later than the 10th day of limited or 
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

[[Page 8682]]

operation is restored prior to the expiration of the 30 day period, the 
licensee will so notify the FCC of this date. If the causes beyond the 
control of the licensee make it impossible to comply within the allowed 
period, informal written request shall be made to the FCC no later than 
the 30th day for such additional time as may be deemed necessary.
* * * * *
0
65. Revise Sec.  73.1750 to read as follows:


Sec.  73.1750  Discontinuance of operation.

    The licensee of each station shall provide notification to the FCC 
in a ``Cancellation Application'' via LMS of the permanent 
discontinuance of operation at least two days before operation is 
discontinued. Immediately after discontinuance of operation, the 
licensee shall forward the station license and other instruments of 
authorization to the FCC, Attention: Audio Division (radio) or Video 
Division (television), Media Bureau, for cancellation. The license of 
any station that fails to transmit broadcast signals for any 
consecutive 12 month period expires as a matter of law at the end of 
that period, notwithstanding any provision, term, or condition of the 
license to the contrary. If a licensee surrenders its license pursuant 
to an interference reduction agreement, and its surrender is contingent 
on the grant of another application, the licensee must identify in its 
notification the contingencies involved.
0
66. Section 73.2080 is amended by revising paragraphs (c)(6) and (f)(1) 
through (5) to read as follows:


Sec.  73.2080  Equal employment opportunities (EEO).

* * * * *
    (c) * * *
    (6) Annually, on the anniversary of the date a station is due to 
file its renewal application, the station shall place in its public 
file, maintained pursuant to Sec.  73.3526 or Sec.  73.3527, and on its 
website, if it has one, an EEO public file report containing the 
following information (although if any broadcast licensee acquires a 
station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 
Schedule 315 during the twelve months covered by the EEO public file 
report, its EEO public file report shall cover the period starting with 
the date it acquired the station):
* * * * *
    (f) * * *
    (1) All broadcast stations, including those that are part of an 
employment unit with fewer than five full-time employees, shall file a 
Broadcast Equal Employment Opportunity Program Report (Form 2100 
Schedule 396) with their renewal application. Form 2100 Schedule 396 is 
filed on the date the station is due to file its application for 
renewal of license. If a broadcast licensee acquires a station pursuant 
to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the 
period that is to form the basis for the Form 2100 Schedule 396, 
information provided on its Form 2100 Schedule 396 should cover the 
licensee's EEO recruitment activity during the period starting with the 
date it acquired the station. Stations are required to maintain a copy 
of their Form 2100 Schedule 396 in the station's public file in 
accordance with the provisions of Sec. Sec.  73.3526 and 73.3527.
    (2) The Commission will conduct a mid-term review of the employment 
practices of each broadcast television station that is part of an 
employment unit of five or more full-time employees and each radio 
station that is part of an employment unit of eleven or more full-time 
employees, four years following the station's most recent license 
expiration date as specified in Sec.  73.1020. If a broadcast licensee 
acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 
2100 Schedule 315 during the period that is to form the basis for the 
mid-term review, that review will cover the licensee's EEO recruitment 
activity during the period starting with the date it acquired the 
station.
    (3) If a station is subject to a time brokerage agreement, the 
licensee shall file Form 2100 Schedule 396 and EEO public file reports 
concerning only its own recruitment activity. If a licensee is a broker 
of another station or stations, the licensee-broker shall include its 
recruitment activity for the brokered station(s) in determining the 
bases of Form 2100 Schedule 396 and the EEO public file reports for its 
own station. If a licensee-broker owns more than one station, it shall 
include its recruitment activity for the brokered station in the Form 
2100 Schedule 396 and EEO public file reports filed for its own station 
that is most closely affiliated with, and in the same market as, the 
brokered station. If a licensee-broker does not own a station in the 
same market as the brokered station, then it shall include its 
recruitment activity for the brokered station in the Form 2100 Schedule 
396 and EEO public file reports filed for its own station that is 
geographically closest to the brokered station.
    (4) Broadcast stations subject to this section shall maintain 
records of their recruitment activity necessary to demonstrate that 
they are in compliance with the EEO rule. Stations shall ensure that 
they maintain records sufficient to verify the accuracy of information 
provided in Form 2100 Schedule 396 and EEO public file reports. To 
determine compliance with the EEO rule, the Commission may conduct 
inquiries of licensees at random or if it has evidence of a possible 
violation of the EEO rule. In addition, the Commission will conduct 
random audits. Specifically, each year approximately five percent of 
all licensees in the television and radio services will be randomly 
selected for audit, ensuring that, even though the number of radio 
licensees is significantly larger than television licensees, both 
services are represented in the audit process. Upon request, stations 
shall make records available to the Commission for its review.
    (5) The public may file complaints throughout the license term 
based on the contents of a station's public file. Provisions concerning 
filing, withdrawing, or non-filing of informal objections or petitions 
to deny license renewal, assignment, or transfer applications are 
delineated in Sec. Sec.  73.3584 and 73.3587-3589 of the Commission's 
rules.
* * * * *
0
67. Section 73.3500 is amended by revising paragraphs (a) and (b) and 
removing paragraph (b)(1) to read as follows:


Sec.  73.3500  Application and report forms.

    (a) Following are the FCC broadcast application and report forms, 
listed by number.

------------------------------------------------------------------------
             Form No.                               Title
------------------------------------------------------------------------
175...............................  Application to Participate in an FCC
                                     Auction.
301...............................  Application for Construction Permit
                                     for a Commercial Broadcast Station.
                                     (the Form 301 is used for new AM
                                     construction permits or AM station
                                     modifications).
2100 Schedule A...................  Application for Authority to
                                     Construct or Make Changes in a TV
                                     Commercial Broadcast/Noncommercial
                                     Educational Broadcast Station.

[[Page 8683]]

 
2100 Schedule 301-FM..............  Application for Commercial FM
                                     Station Construction Permit.
302-AM............................  Application for AM Broadcast Station
                                     License.
2100 Schedule E...................  Application for Class A Television
                                     Broadcasting Station Construction
                                     Permit.
2100 Schedule 302-FM..............  Application for FM Station License.
2100 Schedule B...................  Application for Television Broadcast
                                     Station License.
2100 Schedule F...................  Application for Class A Television
                                     Broadcast Station License.
2100 Schedule 303-S...............  Application for Renewal of License
                                     for Commercial or Noncommercial AM,
                                     FM, TV, Class A TV, FM Translator,
                                     TV Translator, LPTV, or LPFM
                                     Station.
308...............................  Application for Permit to Deliver
                                     Programs to Foreign Broadcast
                                     Stations.
309...............................  Application for Authority to
                                     Construct or Make Changes in an
                                     International or Experimental
                                     Broadcast Station.
310...............................  Application for an International or
                                     Experimental Broadcast Station
                                     License.
311...............................  Application for Renewal of an
                                     International or Experimental
                                     Broadcast Station License.
2100 Schedule 314.................  Application for Consent to
                                     Assignment of Broadcast Station
                                     Construction Permit or License.
2100 Schedule 315.................  Application for Consent to Transfer
                                     of Control of Entity Holding
                                     Broadcast Station Construction
                                     Permit or License.
2100 Schedule 316.................  Application for Consent to Assign
                                     Broadcast Station Construction
                                     Permit or License or Transfer
                                     Control of Entity Holding Broadcast
                                     Station Construction Permit or
                                     License.
2100 Schedule 318.................  Application for Low Power FM Station
                                     Construction Permit.
2100 Schedule 319.................  Application for Low Power FM Station
                                     License.
323...............................  Ownership Report for Commercial
                                     Broadcast Stations.
323-E.............................  Ownership Report for Noncommercial
                                     Educational Broadcast Stations.
2100 Schedule 340.................  Application for Noncommercial
                                     Educational FM Station Construction
                                     Permit.
2100 Schedule 345.................  Application for Consent to Assign
                                     Construction Permit or License for
                                     TV or FM Translator or Low Power TV
                                     Station, or to Transfer Control of
                                     Entity Holding TV or FM Translator
                                     or Low Power TV Station.
2100 Schedule C...................  Application for Authority to
                                     Construct or Make Changes in a Low
                                     Power TV or TV Translator Station.
2100 Schedule D...................  Application for a Low Power TV or TV
                                     Translator Station License.
2100 Schedule 349.................  Application for FM Translator or FM
                                     Booster Station Construction
                                     Permit.
2100 Schedule 350.................  Application for FM Translator or FM
                                     Booster Station License.
395-B.............................  Annual Employment Report and
                                     instructions.
2100 Schedule 396.................  Broadcast Equal Employment
                                     Opportunity Program Report.
2100 Schedule 396-A...............  Broadcast Equal Employment
                                     Opportunity Model Program Report.
2100 Schedule H...................  Children's Television Programming
                                     Report.
601...............................  FCC Application for Wireless
                                     Telecommunications Bureau Radio
                                     Service Authorization.
603...............................  FCC Wireless Telecommunications
                                     Bureau Application for Assignments
                                     of Authorization and Transfers of
                                     Control.
------------------------------------------------------------------------

    (b) Any application on Form 2100 must be filed electronically.
0
68. Section 73.3516 is amended by revising paragraphs (e) introductory 
text and (e)(1) to read as follows:


Sec.  73.3516  Specification of facilities.

* * * * *
    (e) A petition to deny an application for renewal of license of an 
existing broadcast station will be considered as timely filed if it is 
tendered for filing by the end of the first day of the last full 
calendar month of the expiring license term.
    (1) If the license renewal application is not timely filed as 
prescribed in Sec.  73.3539, the deadline for filing petitions to deny 
thereto is the 90th day after the FCC gives public notice that it has 
accepted the late-filed renewal application for filing.
* * * * *
0
69. Section 73.3519 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.3519  Repetitious applications.

    (a) Where the FCC has denied an application for a new station or 
for any modification of services or facilities, or dismissed such 
application with prejudice, no like application involving service of 
the same kind for substantially the same area by substantially the same 
applicant, or his successor or assignee, or on behalf or for the 
benefit of the original parties in interest, may be filed within 12 
months from the effective date of the FCC's action.
* * * * *
0
70. Revise Sec.  73.3521 to read as follows:


Sec.  73.3521  Mutually exclusive applications for low power 
television, and television translator stations.

    When there is a pending application for a new low power television 
or television translator station, or for major changes in an existing 
station, no other application which would be directly mutually 
exclusive with the pending application may be filed by the same 
applicant or by any applicant in which any individual in common with 
the pending application has any interest, direct or indirect, except 
that interests or less than 1% will not be considered.


Sec.  73.3523  [Removed and Reserved]

0
71. Remove and reserve Sec.  73.3523.
0
72. Section 73.3525 is amended by revising paragraphs (a) introductory 
text and (b) and removing the Note to read as follows:


Sec.  73.3525  Agreements for removing application conflicts.

    (a) Whenever applicants for a construction permit for a broadcast 
station enter into an agreement to procure the removal of a conflict 
between applications pending before the FCC by withdrawal or amendment 
of an application or by its dismissal pursuant to Sec.  73.3568, all 
parties thereto shall, within 5 days after entering into the agreement, 
file with the FCC a joint request for approval of such agreement. The 
joint request shall be accompanied by a copy of the agreement, 
including any ancillary agreements, and an affidavit of each party to 
the agreement setting forth:
* * * * *
    (b) Except where a joint request is filed pursuant to paragraph (a) 
of this section, any applicant filing an amendment pursuant to Sec.  
73.3522(b)(1) and (c), or a request for dismissal pursuant to Sec.  
73.3568(b)(1) and (c), which would remove a conflict with another 
pending application; or a petition for leave to amend pursuant to Sec.  
73.3522(b)(2) which would permit a

[[Page 8684]]

grant of the amended application or an application previously in 
conflict with the amended application; or a request for dismissal 
pursuant to Sec.  73.3568(b)(2), shall file with it an affidavit as to 
whether or not consideration (including an agreement for merger of 
interests) has been promised to or received by such applicant, directly 
or indirectly, in connection with the amendment, petition or request. 
Although Sec.  74.780 of the Rules makes this section generally 
applicable to low power TV and TV translators stations, paragraph (b) 
of this section shall not be applicable to such stations.
* * * * *
0
73. Amend Sec.  73.3533 by:
0
a. Revising paragraphs (a)(1), (4) through (7);
0
b. Adding paragraph (a)(8); and
0
c. Revising paragraph (b).
    The revisions and additions read as follows:


Sec.  73.3533  Application for construction permit or modification of 
construction permit.

    (a) * * *
    (1) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 301-FM 
(FM), ``Application for Authority to Construct or Make Changes in an 
Existing Commercial Broadcast Station.''
* * * * *
    (4) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 340 
(FM), ``Application for Authority to Construct or Make Changes in a 
Noncommercial Educational Broadcast Station.''
    (5) FCC Form 2100, Schedule C, ``Application for Authority to 
Construct or Make Changes in a Low Power TV or TV Translator Station.''
    (6) FCC Form 2100, Schedule 349, ``Application for Authority to 
Construct or Make Changes in an FM Translator or FM Booster Station.''
    (7) FCC Form 2100, Schedule 318, ``Application for Construction 
Permit for a Low Power FM Broadcast Station.''
    (8) FCC Form 2100, Schedule E, ``Application for Authority to Make 
Changes in a Class A TV Station.''
    (b) The filing of an application for modification of construction 
permit does not extend the expiration date of the construction permit.
* * * * *
0
74. Section 73.3536 is amended by revising paragraphs (b)(1)(ii) and 
(iii), (b)(4) through (6), and (c) to read as follows:


Sec.  73.3536  Application for license to cover construction permit.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Form 2100, Schedule 302-FM for FM stations, ``Application for 
FM Station License.''
    (iii) Form 2100, Schedule B for television stations, ``Application 
for TV Station Broadcast License.''
* * * * *
    (4) FCC Form 2100, Schedule D, ``Application for a Low Power TV or 
TV Translator Station License.''
    (5) FCC Form 2100, Schedule 350, ``Application for an FM Translator 
or FM Booster Station License.''
    (6) FCC Form 2100, Schedule 319, ``Application for a Low Power FM 
Broadcast Station License.''
    (c) Eligible low power television stations which have been granted 
a certificate of eligibility may file FCC Form 2100, Schedule F, 
``Application for Class A Television Broadcast Station License.''
0
75. Section 73.3540 is amended by revising paragraphs (c) through (e), 
and (f) introductory text to read as follows:


Sec.  73.3540  Application for voluntary assignment or transfer of 
control.

* * * * *
    (c) Application for consent to the assignment of construction 
permit or license must be filed on FCC Form 2100 Schedule 314 
``Assignment of License or Construction Permit'' or FCC Form 2100 
Schedule 316 (See paragraph (f) of this section). For International 
Broadcast Stations, the application shall be filed electronically in 
the International Bureau Filing System (IBFS).
    (d) Application for consent to the transfer of control of an entity 
holding a construction permit or license must be filed on FCC Form 2100 
Schedule 315 ``Transfer of Control'' or FCC Form 2100 Schedule 316 (see 
paragraph (f) of this section). For International Broadcast Stations, 
applications shall be filed electronically in IBFS.
    (e) Application for consent to the assignment of construction 
permit or license or to the transfer of control of an entity licensee 
or permittee for an FM or TV translator station, a low power TV station 
and any associated auxiliary station, such as translator microwave 
relay stations and UHF translator booster stations, only must be filed 
on FCC Form 2100 Schedule 345 ``Application for Consent to Assign 
Construction Permit or License for TV or FM Translator or Low Power TV 
Station or to Transfer Control of Entity Holding TV or FM Translator, 
or a Low Power TV Station.''
    (f) The following assignment or transfer applications may be filed 
on FCC Form 2100 Schedule 316:
* * * * *
0
76. Section 73.3541 is amended by revising paragraph (b) to read as 
follows:


Sec.  73.3541  Application for involuntary assignment of license or 
transfer of control.

* * * * *
    (b) Within 30 days after the occurrence of such death or legal 
disability, an application on FCC Form 2100 Schedule 316 shall be filed 
requesting consent to involuntary assignment of such permit or license 
or for involuntary transfer of control of the entity holding such 
permit or license, to a person or entity legally qualified to succeed 
to the foregoing interests under the laws of the place having 
jurisdiction over the estate involved.


Sec.  73.3543  [Removed]

0
77. Remove Sec.  73.3543.
0
78. Section 73.3544 is amended by revising paragraphs (b) introductory 
text and paragraph (c) to read as follows:


Sec.  73.3544  Application to obtain a modified station license.

* * * * *
    (b) An electronic filing via LMS of an Administrative Update, see 
Sec.  73.3511(b), may be filed with the FCC, to cover the following 
changes:
* * * * *
    (c) A change in the name of the licensee where no change in 
ownership or control is involved may be accomplished by electronically 
filing via LMS an Administrative Update.
0
79. Revise Sec.  73.3549 to read as follows:


Sec.  73.3549  Requests for extension of time to operate without 
required monitors, indicating instruments, and EAS encoders and 
decoders.

    Requests for extension of authority to operate without required 
monitors, transmission system indicating instruments, or encoders and 
decoders for monitoring and generating the EAS codes and Attention 
Signal should be made to the FCC by electronically filing via LMS a 
STA. Such requests must contain information as to when and what steps 
were taken to repair or replace the defective equipment and a brief 
description of the alternative procedures being used while the 
equipment is out of service.
0
80. Section 73.3550 is amended by revising paragraphs (a), (b), (f), 
(i) through (k), and (m) to read as follows:

[[Page 8685]]

Sec.  73.3550  Requests for new or modified call sign assignments.

    (a) All requests for new or modified call sign assignments for 
radio and television broadcast stations shall be made via LMS with the 
FCC. Licensees and permittees may utilize LMS to determine the 
availability and licensing status of any call sign; to select an 
initial call sign for a new station; to change a station's currently 
assigned call sign; to modify an existing call sign by adding or 
deleting an ``-FM,'' ``-TV,'' or ``-DT'' suffix; to exchange call signs 
with another licensee or permittee in the same service; or to reserve a 
different call sign for a station being transferred or assigned.
    (b) No request for an initial call sign assignment will be accepted 
from a permittee for a new radio or full-service television station 
until the FCC has granted a construction permit. Each such permittee 
shall request the assignment of its station's initial call sign 
expeditiously following the grant of its construction permit. All 
initial construction permits for low power TV stations will be issued 
with a low power TV call sign in accordance with Sec.  74.791(a) of 
this chapter.
* * * * *
    (f) Only four-letter call signs (plus an LP, FM, TV, DT, or CA 
suffix, if used) will be assigned. The four letter call sign for LPFM 
stations will be followed by the suffix ``-LP.'' However, subject to 
the other provisions of this section, a call sign of a station may be 
conformed to a commonly owned station holding a three-letter call 
assignment (plus FM, TV, DT, CA or LP suffixes, if used).
* * * * *
    (i) The provisions of this section shall not apply to International 
broadcast stations or to stations authorized under part 74 of this 
chapter (except as provided in Sec.  74.791).
    (j) A change in call sign assignment will be made effective on the 
date specified in the Call Sign Request Authorization generated by LMS 
acknowledging the assignment of the requested new call sign and 
authorizing the change. Unless the requested change in call sign 
assignment is subject to a pending transfer or assignment application, 
the requester is required to include in its on-line call sign request a 
specific effective date to take place within 45 days of the submission 
of its electronic call sign request. Postponement of the effective date 
will be granted only in response to a timely request and for only the 
most compelling reasons.
    (k) Four-letter combinations commencing with ``W'' or ``K'' which 
are assigned as call signs to ships or to other radio services are not 
available for assignment to broadcast stations, with or without the ``-
FM,'' ``-TV,'' or ``-DT'' suffix.
* * * * *
    (m) Where a requested call sign, without the ``-FM,' ``-TV,'' ``-
CA,'' ``-DT,'' or ``-LP'' suffix, would conform to the call sign of any 
other non-commonly owned station(s) operating in a different service, 
an applicant utilizing the on-line reservation and authorization system 
will be required to certify that consent to use the secondary call sign 
has been obtained from the holder of the primary call sign.
0
81. Section 73.3555 is amended by revising paragraph (b)(1)(i) to read 
as follows:


Sec.  73.3555   Multiple ownership.

* * * * *
    (b) * * *
    (1) * * *
    (i) The digital noise limited service contours of the stations 
(computed in accordance with Sec.  73.619(c)) do not overlap; or
* * * * *
0
82. Amend Sec.  73.3572 by:
0
a. Revising the section heading, paragraphs (a)(2) through (3);
0
b. Removing and reserving paragraph (a)(4);
0
c. Revising paragraphs (c) and (f); and
0
d. Removing paragraphs (g) and (h).
    The revisions read as follows:


Sec.  73.3572   Processing of TV broadcast, Class A TV broadcast, low 
power TV, and TV translators applications.

    (a) * * * (2) In the case of Class A TV stations authorized under 
subpart J of this part and low power TV and TV translator stations 
authorized under part 74 of this chapter, a major change is any change 
in:
* * * * *
    (3) Other changes will be considered minor, including changes made 
to implement a channel sharing arrangement, provided they comply with 
the other provisions of this section.
* * * * *
    (c) Amendments to Class A TV, low power TV and TV translator 
stations, or non-reserved television applications, which would require 
a new file number pursuant to paragraph (b) of this section, are 
subject to competitive bidding procedures and will be dismissed if 
filed outside a specified filing period. See 47 CFR 73.5002(a). When an 
amendment to an application for a reserved television allotment would 
require a new file number pursuant to paragraph (b) of this section, 
the applicant will have the opportunity to withdraw the amendment at 
any time prior to designation for a hearing if applicable; and may be 
afforded, subject to the discretion of the Administrative Law Judge, an 
opportunity to withdraw the amendment after designation for a hearing.
* * * * *
    (f) Applications for minor modification of Class A TV, low power TV 
and TV translator stations may be filed at any time, unless restricted 
by the FCC, and will be processed on a ``first-come/first-served'' 
basis, with the first acceptable application cutting off the filing 
rights of subsequent, competing applicants. Provided, however, that 
applications for minor modifications of Class A TV and those of TV 
broadcast stations may become mutually exclusive until grant of a 
pending Class A TV or TV broadcast minor modification application.
0
83. Section 73.3578 is amended by revising paragraph (b) to read as 
follows:


Sec.  73.3578  Amendments to applications for renewal, assignment or 
transfer of control.

* * * * *
    (b) Any amendment to an application for assignment of construction 
permit or license, or consent to the transfer of control of an entity 
holding such a construction permit or license, shall be considered to 
be a minor amendment, except that any amendment which seeks a change in 
the ownership interest of the proposed assignee or transferee which 
would result in a change in control, or any amendment which would 
require the filing of FCC Form 2100 Schedules 314, 315, or 345 (see 
Sec.  73.3500), if the changes sought were made in an original 
application for assignment or transfer of control, shall be considered 
to be a major amendment. However, the FCC may, within 15 days after the 
acceptance for filing of any other amendment, advise the applicant that 
the amendment is considered to be a major amendment and therefore is 
subject to the provisions of Sec.  73.3580.
0
84. Section 73.3584 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec.  73.3584  Procedure for filing petitions to deny.

    (a) For mutually exclusive applications subject to selection by 
competitive bidding (non-reserved channels) or fair distribution/point 
system (reserved channels), petitions to deny may be filed only against 
the winning bidders or tentative selectee(s), and such petitions will 
be governed by Sec. Sec.  73.5006 and 73.7004, respectively. For all 
other applications the following

[[Page 8686]]

rules will govern. Except in the case of applications for new low power 
TV and TV translator stations, for major changes in the existing 
facilities of such stations, or for applications for a change in output 
channel tendered by displaced low power TV and TV translator stations 
pursuant to Sec.  73.3572(a)(1), any party in interest may file with 
the Commission a Petition to Deny any application (whether as 
originally filed or if amended so as to require a new file number 
pursuant to Sec.  73.3571(j), Sec.  73.3572(b), Sec.  73.3573(b), Sec.  
73.3574(b) or Sec.  73.3578) for which local notice pursuant to Sec.  
73.3580 is required, provided such petitions are filed prior to the day 
such applications are granted or designated for hearing; but where the 
FCC issues a public notice pursuant to the provisions of Sec.  
73.3571(c), Sec.  73.3572(c) or Sec.  73.3573(d), establishing a ``cut-
off'' date, such petitions must be filed by the date specified. In the 
case of applications for transfers and assignments of construction 
permits or station licenses, Petitions to Deny must be filed not later 
than 30 days after issuance of a public notice of the acceptance for 
filing of the applications. In the case of applications for renewal of 
license, Petitions to Deny may be filed at any time up to the deadline 
established in Sec.  73.3516(e). Requests for extension of time to file 
Petitions to Deny applications for new broadcast stations or major 
changes in the facilities of existing stations or applications for 
renewal of license will not be granted unless all parties concerned, 
including the applicant, consent to such requests, or unless a 
compelling showing can be made that unusual circumstances make the 
filing of a timely petition impossible and the granting of an extension 
warranted.
* * * * *
    (c) In the case of applications for new low power TV and TV 
translator stations, for major changes in the existing facilities of 
such stations, or for applications for a change in output channel 
tendered by displaced low power TV and TV translator stations pursuant 
to Sec.  73.3572(a)(1), any party in interest may file with the FCC a 
Petition to Deny any application (whether as originally filed or if 
amended so as to require a new file number pursuant to Sec.  
73.3572(b)) for which local notice pursuant to Sec.  73.3580 is 
required, provided such petitions are filed within 30 days of the FCC 
Public Notice proposing the application for grant (applicants may file 
oppositions within 15 days after the Petition to Deny is filed); but 
where the FCC selects a tentative permittee pursuant to Section 1.1601 
et seq., Petitions to Deny shall be accepted only if directed against 
the tentative selectee and filed after issuance of and within 15 days 
of FCC Public Notice announcing the tentative selectee. The applicant 
may file an opposition within 15 days after the Petition to Deny is 
filed. In cases in which the minimum diversity preference provided for 
in Sec.  1.1623(f)(1) has been applied, an ``objection to diversity 
claim'' and opposition thereto, may be filed against any applicant 
receiving a diversity preference, within the same time period provided 
herein for Petitions and Oppositions. In all pleadings, allegations of 
fact or denials thereof shall be supported by appropriate 
certification. However, the FCC may announce, by the Public Notice 
announcing the acceptance of the last-filed mutually exclusive 
application, that a notice of Petition to Deny will be required to be 
filed no later than 30 days after issuance of the Public Notice.
* * * * *
0
85. Revise Sec.  73.3587 to read as follows:


Sec.  73.3587  Procedure for filing informal objections.

    Before FCC action on any application for an instrument of 
authorization, any person may file informal objections to the grant in 
LMS. Such objections may be submitted in letter form (without extra 
copies) and shall be signed. The limitation on pleadings and time for 
filing pleadings provided for in Sec.  1.45 of the rules shall not be 
applicable to any objections duly filed under this section.
0
86. Amend Sec.  73.3598 by:
0
a. Revising paragraphs (a) introductory text;
0
b. Removing and reserving paragraph (b)(3); and
0
c. Revising paragraph (c).
    The revisions read as follows:


Sec.  73.3598  Period of construction.

    (a) Except as provided in the last two sentences of this paragraph 
(a), each original construction permit for the construction of a new 
TV, AM, FM or International Broadcast; low power TV; low power FM; TV 
translator; FM translator; or FM booster station, or to make changes in 
such existing stations, shall specify a period of three years from the 
date of issuance of the original construction permit within which 
construction shall be completed and application for license filed. An 
eligible entity that acquires an issued and outstanding construction 
permit for a station in any of the services listed in this paragraph 
(a) shall have the time remaining on the construction permit or 
eighteen months from the consummation of the assignment or transfer of 
control, whichever is longer, within which to complete construction and 
file an application for license. For purposes of the preceding 
sentence, an ``eligible entity'' shall include any entity that 
qualifies as a small business under the Small Business Administration's 
size standards for its industry grouping, as set forth in 13 CFR parts 
121 through 201, at the time the transaction is approved by the FCC, 
and holds:
* * * * *
* * * * *
    (c) A permittee must notify the Commission as promptly as possible 
and, in any event, within 30 days, of any pertinent event covered by 
paragraph (b) of this section, and provide supporting documentation. 
All notifications must be filed in LMS and must be placed in the 
station's local public file. For authorizations to construct stations 
in the Low Power FM service, on FM channels reserved for noncommercial 
educational use, and for noncommercial educational full power 
television stations, the Commission will identify and grant an initial 
period of tolling when the grant of a construction permit is encumbered 
by administrative or judicial review under the Commission's direct 
purview (e.g., petitions for reconsideration and applications for 
review of the grant of a construction permit pending before the 
Commission and any judicial appeal of any Commission action thereon), a 
request for international coordination under paragraph (b)(4) of this 
section, or failure of a condition under paragraph (b)(5) of this 
section. When a permit is encumbered by administrative or judicial 
review outside of the Commission's direct purview (e.g., local, state, 
or non-FCC Federal requirements), the permittee is required to notify 
the Commission of such tolling events.
* * * * *
0
87. Section 73.3700 is amended by revising paragraphs (a)(2) and 
removing and reserving paragraphs (a)(6), (7), (17), (b)(1) through 
(4), removing paragraph (c)(6), and removing and reserving paragraphs 
(d), (g)(1) through (3), to read as follows:


Sec.  73.3700  Post-incentive auction licensing and operation.

    (a) * * *
* * * * *
    (2) Channel reassignment public notice. For purposes of this 
section, Channel Reassignment Public Notice means the public notice 
released upon

[[Page 8687]]

the completion of the broadcast television spectrum incentive auction 
conducted under section 6403 of the Spectrum Act specifying the new 
channel assignments and technical parameters of any broadcast 
television stations that are reassigned to new channels. Incentive 
Auction Closing and Channel Reassignment Public Notice: The Broadcast 
Television Incentive Auction Closes; Reverse Auction and Forward 
Auction Results Announced; Final Television Band Channel Assignments 
Announced; Post-Auction Deadlines Announced, GN Docket No. 12-268, 
Public Notice, 32 FCC Rcd 2786 (WTB/MB 2017).
* * * * *
0
88. Revise Sec.  73.4000 to read as follows:


Sec.  73.4000   Listing of FCC policies.

    The following sections list, solely for the purpose of reference 
and convenience, certain Policies of the FCC. The present listing of 
FCC policies and citations thereto should not be relied upon as an all-
inclusive list. Failure to include a policy in this list does not 
affect its validity. In addition, documents listed may be revised by 
subsequent decisions and the inclusion of a document on this list does 
not necessarily reflect that it is currently valid. Each section bears 
the title of one Policy and the citations which will direct the user to 
the specific document(s) pertaining to that Policy.
0
89. Revise Sec.  73.4017 to read as follows:


Sec.  73.4017  Application processing: Commercial FM stations.

    See Sec. Sec.  73.5000 through 73.5009.
0
90. Revise Sec.  73.4055 to read as follows:


Sec.  73.4055   Cigarette advertising.

    See 15 U.S.C. 1335; 15 U.S.C. 4402(c).
0
91. Revise Sec.  73.4060 to read as follows:


Sec.  73.4060  Citizens agreements.

    (a) See Report and Order, Docket 20495, FCC 75-1359, adopted 
December 10, 1975. 57 F.C.C. 2d 42; 40 FR 459730, December 30, 1975.
* * * * *


Sec.  73.4082  [Removed and Reserved]

0
92. Remove and reserve Sec.  73.4082.
0
93. Revise Sec.  73.4100 to read as follows:


Sec.  73.4100  Financial qualifications; new AM and FM stations.

    See Public Notice, FCC 78-556, dated August 2, 1978. 69 FCC 2d 407; 
43 FR 34841, August 7, 1978. See also Revision of Application for 
Construction Permit for Commercial Broadcast Station (FCC Form 301), 
Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and 
Certification of Financial Qualification by Applicants for Broadcast 
Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52 
FR 17333 (May 7, 1987).
0
94. Revise Sec.  73.4101 to read as follows:


Sec.  73.4101  Financial qualifications, TV stations.

    See Public Notice, FCC 79-299, dated May 11, 1979. 72 F.C.C. 2d 
784; 44 FR 29160, May 18, 1979. See also Revision of Application for 
Construction Permit for Commercial Broadcast Station (FCC Form 301), 
Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and 
Certification of Financial Qualification by Applicants for Broadcast 
Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52 
FR 17333 (May 7, 1987).


Sec.  73.4107   [Removed and Reserved]

0
95. Remove and reserve Sec.  73.4107.


Sec.  73.4108  [Removed and Reserved]

0
96. Remove and reserve Sec.  73.4108.
0
97. Revise Sec.  73.4210 to read as follows:


Sec.  73.4210   Procedure Manual: ``The Public and Broadcasting''.

    See The Public and Broadcasting, a copy of which is available at: 
https://www.fcc.gov/media/radio/public-and-broadcasting.


Sec.  73.4247   [Removed and Reserved]

0
98. Remove and reserve Sec.  73.4247.
0
99. Section 73.4267 is amending by revising paragraphs (a) and (b) and 
removing paragraph (c) to read as follows:


Sec.  73.4267  Time brokerage.

    (a) See Report and Order, MM Docket Nos. 94-150, 92-51, 87-154, FCC 
99-207, adopted August 5, 1999, 64 FR 50622 (Sept. 17, 1999).
    (b) See Sec.  73.3555, Note 2(j).


Sec.  73.4247  [Removed and Reserved]

0
100. Remove and reserve Sec.  73.4247.
0
101. Section 73.5000 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.5000  Services subject to competitive bidding.

    (a) Mutually exclusive applications for new facilities and for 
major changes to existing facilities in the following broadcast 
services are subject to competitive bidding: AM; FM; FM translator; 
television; low-power television; television translator; and Class A 
television. Mutually exclusive applications for minor modifications of 
Class A television and television broadcast are also subject to 
competitive bidding. The general competitive bidding procedures set 
forth in part 1, subpart Q of this chapter will apply unless otherwise 
provided in part 73 or part 74 of this chapter.
* * * * *
0
102. Section 73.5005 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.5005  Filing of long-form applications.

    (a) Within thirty (30) days following the close of bidding and 
notification to the winning bidders, unless a longer period is 
specified by public notice, each winning bidder must submit an 
appropriate long-form application (FCC Form 2100) for each construction 
permit or license for which it was the high bidder. Long-form 
applications filed by winning bidders shall include the exhibits 
required by Sec.  1.2107(d) of this chapter (concerning any bidding 
consortia or joint bidding arrangements); Sec.  1.2110(j) of this 
chapter (concerning designated entity status, if applicable); and Sec.  
1.2112 of this chapter (concerning disclosure of ownership and real 
party in interest information, and, if applicable, disclosure of gross 
revenue information for small business applicants).
* * * * *
0
103. Section 73.5006 is amended by revising paragraph (b) to read as 
follows:


Sec.  73.5006  Filing of petitions to deny against long-form 
applications.

* * * * *
    (b) Within ten (10) days following the issuance of a public notice 
announcing that a long-form application for an AM, FM or television 
construction permit has been accepted for filing, petitions to deny 
that application may be filed in LMS. Within fifteen (15) days 
following the issuance of a public notice announcing that a long-form 
application for a low-power television, television translator or FM 
translator construction permit has been accepted for filing, petitions 
to deny that application may be filed. Any such petitions must contain 
allegations of fact supported by affidavit of a person or persons with 
personal knowledge thereof.
* * * * *
0
104. Section 73.5007 is amended by revising paragraph (b)(2)(iii), 
(3)(iv), and (v) to read as follows:


Sec.  73.5007  Designated entity provisions.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Television broadcast station--the noise limited contour (see 
Sec.  73.619(c));
* * * * *

[[Page 8688]]

    (3) * * *
    (iv) Television broadcast station--the noise limited contour (see 
Sec.  73.619(c)).
    (v) Low power television or television translator station--
predicted, protected contour (see Sec.  74.792(a) of this chapter).
* * * * *
0
105. Amend Sec.  73.6000 by revising the definition for ``Locally-
produced programming'' to read as follows:


Sec.  73.6000  Definitions.

* * * * *
    Locally produced programming is programming produced within the 
predicted noise-limited contour (see Sec.  73.619(c)) of a Class A 
station broadcasting the program or within the contiguous predicted 
noise-limited contours of any of the Class A stations in a commonly 
owned group.
* * * * *
0
106. Section 73.6010 is amended by removing and reserving paragraph (b) 
and by revising paragraph (d) to read as follows:


Sec.  73.6010   Class A TV station protected contour.

* * * * *
    (d) The Class A TV station protected contour is calculated from the 
effective radiated power and antenna height above average terrain, 
using the F(50,90) signal propagation method specified in Sec.  
73.619(b)(1) of this part.


Sec.  73.6012  [Removed and Reserved]

0
107. Remove and reserve Sec.  73.6012.


Sec.  73.6013  [Removed and Reserved]

0
108. Remove and reserve Sec.  73.6013.


Sec.  73.6014  [Removed and Reserved]

0
109. Remove and reserve Sec.  73.6014.
0
110. Revise Sec.  73.6017 to read as follows:


Sec.  73.6017  Class A TV station protection of Class A TV stations.

    An application to change the facilities of a Class A TV station 
will not be accepted if it fails to protect authorized Class A stations 
in accordance with the requirements of Sec.  74.793 (b) through (d) and 
Sec.  74.793(g) of this chapter. This protection must be afforded to 
applications for changes in other authorized Class A stations filed 
prior to the date the Class A application is filed.
0
111. Revise Sec.  73.6018 to read as follows:


Sec.  73.6018  Class A TV station protection of TV stations.

    Class A TV stations must protect the TV service that would be 
provided by the facilities specified in the Table of TV Allotments in 
Sec.  73.622(j), by authorized TV stations, and by applications that 
propose to expand TV stations' allotted or authorized coverage contour 
in any direction. Protection of these allotments, stations, and 
applications must be based on meeting the requirements of Sec.  74.793 
(b) through (e) of this chapter. An application to change the 
facilities of a Class A TV station will not be accepted if it fails to 
protect these TV allotments, stations, and applications in accordance 
with this section.
0
112. Revise Sec.  73.6019 to read as follows:


Sec.  73.6019  Class A TV station protection of low power TV and TV 
translator stations.

    An application to change the facilities of a Class A TV station 
will not be accepted if it fails to protect authorized low power TV and 
TV translator stations in accordance with the requirements of Sec.  
74.793(b) through (d) and (h) of this chapter. This protection must be 
afforded to applications for changes filed prior to the date the Class 
A station application is filed.
0
113. Revise Sec.  73.6020 to read as follows:


Sec.  73.6020  Protection of stations in the land mobile radio service.

    An application to change the facilities of an existing Class A TV 
station will not be accepted if it fails to protect stations in the 
land mobile radio service pursuant to the requirements specified in 
Sec.  74.709 of this chapter.
0
114. Section 73.6022 is revised to read as follows:


Sec.  73.6022  Negotiated interference.

    (a) Notwithstanding the technical criteria in this subpart, Subpart 
E of this part, and Subpart G of part 74 of this chapter regarding 
interference protection to and from Class A TV stations, Class A TV 
stations may negotiate agreements with parties of authorized and 
proposed TV, LPTV, TV translator, Class A TV stations or other affected 
parties to resolve interference concerns; provided, however, other 
relevant requirements are met with respect to the parties to the 
agreement. A written and signed agreement must be submitted with each 
application or other request for action by the Commission. Negotiated 
agreements under this paragraph can include the exchange of money or 
other considerations from one entity to another. Applications submitted 
pursuant to the provisions of this paragraph will be granted only if 
the Commission finds that such action is consistent with the public 
interest.
    (b) [Reserved]
0
115. Revise Sec.  73.6023 to read as follows:


Sec.  73.6023  Distributed transmission systems.

    Station licensees may operate a commonly owned group of digital 
Class A stations with contiguous predicted TV noise-limited contours 
(pursuant to Sec.  73.619(c)) on a common television channel in a 
distributed transmission system.
0
116. Section 73.6024 is amended by revising paragraphs (b), removing 
and reserving paragraph (c) and revising paragraph (d) to read as 
follows:


Sec.  73.6024  Transmission standards and system requirements.

* * * * *
    (b) A Class A TV station may continue to operate with the 
transmitter operated under its previous LPTV license, provided such 
operation does not cause any condition of uncorrectable interference 
due to radiation of radio frequency energy outside of the assigned 
channel. Such operation must continue to meet the requirements of Sec.  
74.750 of this chapter.
    (c) [Reserved]
    (d) A Class A station must meet the emission requirements of Sec.  
74.794 of this chapter. Stations within 275 kilometers of the US-Mexico 
border shall specify the full-service emission mask.
0
117. Amend Sec.  73.6025 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing paragraphs (a)(1) through (5);
0
c. Removing and reserving paragraph (b); and
0
d. Revising paragraph (d).
    The revisions read as follows:


Sec.  73.6025  Antenna system and station location.

    (a) Applications for modified Class A TV facilities proposing the 
use of directional antenna systems must include all appropriate 
documentation specified in Sec.  73.625(c)(3).
* * * * *
    (d) Class A TV stations are subject to the provisions in Sec.  
73.617(d) regarding blanketing interference.
0
118. Revise Sec.  73.6026 to read as follows:


Sec.  73.6026  Broadcast regulations applicable to Class A television 
stations.

    The following rules are applicable to Class A television stations:
    (a) Sec.  73.603 Numerical designation of television channels.
    (b) Sec.  73.624(b), (c) and (g) Television broadcast stations.
    (c) Sec.  73.658 Affiliation agreements and network program 
practice; territorial exclusivity in non-network program arrangements.

[[Page 8689]]

    (d) Sec.  73.664 Determining operating power.
    (e) Sec.  73.670 Commercial limits in children's programs.
    (f) Sec.  73.671 Educational and informational programming for 
children.
    (g) Sec.  73.673 Public information initiatives regarding 
educational and informational programming for children.
    (h) Sec.  73.688 Indicating instruments.
    (i) Sec.  73.1030 Notifications concerning interference to radio 
astronomy, research and receiving installations.
    (j) Sec.  73.3615(a) and (g) Ownership reports.


Sec.  73.6027  [Removed and Reserved]

0
119. Remove and reserve Sec.  73.6027.
0
120. Section 73.8000 is revised to read as follows:


Sec.  73.8000  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Federal Communications Commission (FCC) 
must publish a document in the Federal Register and the material must 
be available to the public. All approved incorporation by reference 
(IBR) material is available for inspection at the FCC and at the 
National Archives and Records Administration (NARA). Contact the FCC 
at: Federal Communications Commission's Reference Information Center, 
located at the address of the FCC's main office indicated in 47 CFR 
0.401(a). For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the following 
sources:(a) Advanced Television Systems Committee (ATSC), 1300 I Street 
NW, Suite 400E, Washington, DC 20005; website: www.atsc.org/standards.html.
    (1) ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3),'' 
1995, IBR approved for Sec.  73.682.
    (2) ATSC A/53 Parts 1-4 and 6: 2007 ``ATSC Digital Television 
Standard,'' (January 3, 2007) and ATSC A/53 Part 5: 2010 ``ATSC Digital 
Television Standard: Part 5--AC-3 Audio System Characteristic,'' (July 
6, 2010); IBR approved for Sec.  73.682. as listed below:
    (i) A/53, Part 1:2007, ``Digital Television System'' (January 3, 
2007),.
    (ii) A/53, Part 2:2007, ``RF/Transmission System Characteristics'' 
(January 3, 2007).
    (iii) A/53, Part 3:2007, ``Service Multiplex and Transport 
Subsystem Characteristics'' (January 3, 2007).
    (iv) A/53, Part 4:2007, ``MPEG-2 Video System Characteristics'' 
(January 3, 2007), except for Sec.  6.1.2 of A/53 Part 4: 2007, and the 
phrase ``see Table 6.2'' in section 6.1.1 Table 6.1 and section 6.1.3 
Table 6.3.
    (v) A/53, Part 5: 2010, ``AC-3 Audio System Characteristics'' (July 
6, 2010).
    (vi) A/53, Part 6:2007, ``Enhanced AC-3 Audio System 
Characteristics'' (January 3, 2007).
    (3) ATSC A/65C: ``ATSC Program and System Information Protocol for 
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated 
May 9, 2006,'' (January 2, 2006), IBR approved for Sec. Sec.  73.682.
    (4) ATSC A/85:2013 ``ATSC Recommended Practice: Techniques for 
Establishing and Maintaining Audio Loudness for Digital Television,'' 
(March 12, 2013) (``ATSC A/85 RP''), IBR approved for Sec.  73.682.
    (5) ATSC A/321:2016, ``System Discovery and Signaling'' (March 23, 
2016), IBR approved for Sec.  73.682.
    (6) ATSC A/322:2017 ``Physical Layer Protocol'' (June 6, 2017), IBR 
approved for Sec.  73.682.
    (b) Federal Communications Commission (FCC), Reference Information 
Center, located at the address of the FCC's main office indicated in 47 
CFR 0.401(a), or at the FCC's Office of Engineering and Technology 
(OET) website: www.fcc.gov/oet/info/documents/bulletins/.
    (1) OET Bulletin No. 69: ``Longley-Rice Methodology for Evaluating 
TV Coverage and Interference'' (February 6, 2004), IBR approved for 
Sec.  73.616.
    (2) [Reserved]

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
121. The authority for Part 74 continues to read as follows:

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

0
122. Section 74.701 is amended by revising paragraph (f) to read as 
follows:


Sec.  74.701  Definitions.

* * * * *
    (f) Low power TV station. A station authorized under the provisions 
of this subpart that may retransmit the programs and signals of a TV 
broadcast station and that may originate programming in any amount 
greater than 30 seconds per hour.
* * * * *
0
123. Section 74.732 is amended by revising paragraph (e) to read as 
follows:


Sec.  74.732  Eligibility and licensing requirements.

* * * * *
    (e) A proposal to change the primary TV station being retransmitted 
or an application of a licensed translator station to include low power 
TV station operation, i.e., program origination will be subject only to 
a notification requirement.
* * * * *
0
124. Section 74.787 is amended by revising paragraph (a)(5)(v) to read 
as follows:


Sec.  74.787  Licensing.

    (a) * * *
    (5) * * *
* * * * *
    (v) Pre-auction digital service area is the geographic area within 
the full power station's noise-limited contour that was protected in 
the incentive auction repacking process. The service area of the 
digital-to-digital replacement translator shall be limited to only the 
demonstrated loss area within the full power station's pre-auction 
digital service area, provided that an applicant for a digital-to-
digital replacement television translator may propose a de minimis 
expansion of its full power pre-auction digital service area upon 
demonstrating that the expansion is necessary to replace a loss in its 
pre-auction digital service area.
* * * * *
0
125. Section 74.792 is amended by revising paragraph (b) to read as 
follows:


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

* * * * *
    (b) The low power TV or TV translator protected contour is 
calculated from the authorized effective radiated power and antenna 
height above average terrain, using the F(50,90) signal propagation 
method specified in Sec.  73.619(b)(1) of this chapter.
0
126. Section 74.793 is amended by revising paragraphs (b), (e), (g), 
and (h) to read as follows:


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

* * * * *
    (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.  73.620 of 
this chapter.
* * * * *
    (e) Protection to the authorized facilities of TV broadcast 
stations shall

[[Page 8690]]

be based on not causing predicted interference to the population within 
the service area defined and described in Sec.  73.619(c) of this 
chapter, except that a low power TV or TV translator station must not 
cause a loss of service to 0.5 percent or more of the population 
predicted to receive service from the authorized TV facilities.
* * * * *
    (g) Protection to the authorized facilities of Class A TV stations 
shall be based on not causing predicted interference to the population 
within the service area defined and described in Sec.  73.6010 of this 
chapter, respectively, except that a low power TV or TV translator 
station must not cause a loss of service to 0.5 percent or more of the 
population predicted to receive service from the authorized Class A TV 
facilities.
    (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 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
127. Section 74.794 is amended by revising the section heading, 
paragraphs (b) introductory text, (b)(1) and (2) to read as follows:


Sec.  74.794  Emissions.

* * * * *
    (b) In addition to meeting the emission attenuation requirements of 
the simple or stringent mask (including attenuation of radio frequency 
harmonics), low power TV and TV translator stations authorized to 
operate on TV channels 22-24, (518-536 MHz), 32-36 (578-608 MHz), 38 
(614-620 MHz), and 65-69 (776-806 MHz) must provide specific ``out of 
band'' protection to Radio Navigation Satellite Services in the bands: 
L5 (1164-1215 MHz); L2 (1215-1240 MHz) and L1 (1559-1610 MHz).
    (1) An FCC-certificated transmitter specifically certified for use 
on one or more of the above channels must include filtering with an 
attenuation of not less than 85 dB in the GPS bands, which will have 
the effect of reducing harmonics in the GPS bands from what is produced 
by the transmitter, and this attenuation must be demonstrated as part 
of the certification application to the Commission.
    (2) For an installation on one of the above channels with a 
transmitter not specifically FCC-certificated for the channel, a low 
pass filter or equivalent device rated by its manufacturer to have an 
attenuation of at least 85 dB in the GPS bands, which will have the 
effect of reducing harmonics in the GPS bands from what is produced by 
the transmitter, and must be installed in a manner that will prevent 
the harmonic emission content from reaching the antenna. A description 
of the low pass filter or equivalent device with the manufacturer's 
rating or a report of measurements by a qualified individual shall be 
retained with the station license. Field measurements of the second or 
third harmonic output of a transmitter so equipped are not required.

[FR Doc. 2022-24751 Filed 2-8-23; 8:45 am]
BILLING CODE 6712-01-P