Sec.  73.623   DTV applications and changes to DTV allotments.

   (a) General. This section contains the technical criteria for evaluating
   applications requesting DTV facilities that do not conform to the provisions
   of   Sec. 73.622  and  petitions  for rule making to amend the DTV Table of
   Allotments ( Sec. 73.622(b)). Petitions to amend the DTV Table (other than those
   also expressly requesting amendment of this section) and applications for
   new DTV broadcast stations or for changes in authorized DTV stations filed
   pursuant to this section will not be accepted for filing if they fail to
   comply with the requirements of this section.

   (b) In considering petitions to amend the DTV Table and applications filed
   pursuant to this section, the Commission will use geographic coordinates
   defined  in   Sec. 73.622(d)  as  reference points in determining allotment
   separations and evaluating interference potential.

   (c) Minimum technical criteria for modification of DTV allotments included
   in the initial DTV Table of Allotments and for applications filed pursuant
   to this section. No petition to modify a channel allotment included in the
   initial DTV Table of Allotments or application for authority to construct or
   modify a DTV station assigned to such an allotment, filed pursuant to this
   section, 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 section 73.625(a).

   (2) Requests filed pursuant to this paragraph must demonstrate that the
   requested change would not result in more than an additional 2 percent the
   population  served  by  another station being subject to interference;
   provided, however, that no new interference may be caused to any station
   that  already  experiences  interference  to 10 percent or more of its
   population or that would result in a station receiving interference in
   excess of 10 percent of its population. The station population values for
   existing  NTSC  service and DTV service contained in Appendix B of the
   Memorandum Opinion and Order on Reconsideration of the Sixth Report and
   Order  in  MM  Docket No. 87–268, FCC 98–24, adopted January 29, 1998,
   referenced in  Sec. 73.622(c), are to be used for the purposes of determining
   whether  a power increase or other change is permissible under this de
   minimis  standard.  For  evaluating  compliance with this requirement,
   interference to populations served is to be predicted based on the procedure
   set forth in OET Bulletin No. 69, including population served within service
   areas determined in accordance with section 73.622(e), 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. Copies of OET Bulletin No. 69 may be
   inspected  during normal business hours at the: Federal Communications
   Commission,  Room CY-C203, 445 12th Street, SW., Reference Information
   Center, Washington, DC 20554. These documents are also available through the
   Internet on the FCC Home Page at http://www.fcc.gov. The threshold levels at
   which interference is considered to occur are:
                                                                    D/U Ratio
   Co-channel:                                                     
   DTV-into-analog TV                                                     +34
   Analog TV-into-DTV                                                      +2
   DTV-into-DTV                                                           +15
   First Adjacent Channel:                                         
   Lower DTV-into-analog TV                                               −14
   Upper DTV-into-analog TV                                               −17
   Lower analog TV-into-DTV                                               −48
   Upper analog TV-into-DTV                                               −49
   Lower DTV-into-DTV                                                     −28
   Upper DTV-into-DTV                                                     −26
   Other Adjacent Channel (Channels 14–69 only)                    
   DTV-into-analog TV, where N = analog TV channel and DTV Channel:
   N–2                                                                    −24
   N+2                                                                    −28
   N–3                                                                    −30
   N+3                                                                    −34
   N–4                                                                    −34
   N+4                                                                    −25
   N–7                                                                    −35
   N+7                                                                    −43
   N–8                                                                    −32
   N+8                                                                    −43
   N+14                                                                   −33
   N+15                                                                   −31

   (3)  The  values  in  paragraph  (c)(2) of this section for co-channel
   interference  to  DTV  service  are  only valid at locations where the
   signal-to-noise ratio is 28 dB or greater for interference from DTV and 25
   dB or greater for interference from analog TV service. At the edge of the
   noise-limited service area, where the signal-to-noise (S/N) ratio is 16 dB,
   these values are 21 dB and 23 dB for interference from analog TV and DTV,
   respectively. At locations where the S/N ratio is greater than 16 dB but
   less  than 28 dB, D/U values for co-channel interference to DTV are as
   follows:

   (i) For DTV-to-DTV interference, the minimum D/U ratios are computed from
   the following formula:

   D/U = 15+10log[10][1.0/(1.0−10^−x/10)]

   Where x = S/N–15.19 (minimum signal to noise ratio)

   (ii) For analog-to-DTV interference, the minimum D/U ratios are found from
   the  following  Table  (for  values  between  measured  values, linear
   interpolation can be used):
   Signal-to-noise ratio (dB) Desired-to-undesired ratio (dB)
   16.00                                                21.00
   16.35                                                19.94
   17.35                                                17.69
   18.35                                                16.44
   19.35                                                 7.19
   20.35                                                 4.69
   21.35                                                 3.69
   22.35                                                 2.94
   23.35                                                 2.44
   25.00                                                 2.00

   (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
   adjacent channel technical criteria specified in paragraph (c)(2) of this
   section shall not be applicable to these pairs of channels (see  Sec. 73.603(a)).

   (5) A DTV station application that proposes to expand the DTV station's
   allotted or authorized coverage area in any direction will not be accepted
   if it is predicted to cause interference to a Class A TV station or to a
   digital Class A TV station authorized pursuant to Subpart J of this part,
   within  the  protected  contour defined in  Sec. 73.6010 of this part. This
   paragraph applies to all DTV applications filed after May 1, 2000, and to
   DTV applications filed between December 31, 1999 and April 30, 2000 unless
   the DTV station licensee or permittee notified the Commission of its intent
   to “maximize” by December 31, 1999.

   (i) Interference is predicted to occur if the ratio in dB of the field
   strength of a Class A TV station at its protected contour to the field
   strength resulting from the facilities proposed in the DTV application
   (calculated using the appropriate F(50,10) chart from Figure 9a, 10a, or 10c
   of   Sec. 73.699  of  this  part)  fails  to meet the D/U signal ratios for
   “DTV-into-analog TV” specified in paragraph (c)(2) of this section.

   (ii) Interference is predicted to occur if the ratio in dB of the field
   strength of a digital Class A TV station at its protected contour to the
   field strength resulting from the facilities proposed in the DTV application
   (calculated using the appropriate F(50,10) chart from Figure 9a, 10a, or 10c
   of   Sec. 73.699  of  this  part)  fails  to meet the D/U signal ratios for
   “DTV-into-DTV” specified in paragraphs (c)(2) and (c)(3) of this section.

   (iii) In support of a request for waiver of the interference protection
   requirements of this section, an applicant for a DTV broadcast station may
   make  full use of terrain shielding and Longley-Rice terrain dependent
   propagation methods to demonstrate that the proposed facility would not be
   likely to cause interference to Class A TV stations. Guidance on using the
   Longely-Rice  methodology is provided in OET Bulletin No. 69, which is
   available through the Internet at
   http://www.fcc.gov/oet/info/documents/bulletins/#69. 

   (d) Minimum geographic spacing requirements for DTV allotments not included
   in the initial DTV Table of Allotments. No petition to add a new channel to
   the DTV Table of Allotments or modify an allotment not included in the
   initial DTV Table 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 principle community coverage requirements of section 73.625(a).

   (2)  Requests filed pursuant to this paragraph must meet the following
   requirements for geographic spacing with regard to all other DTV stations,
   DTV allotments and analog TV stations:
   Channel relationship Separation requirement
   VHF Channels 2–13:
   Co-channel, DTV to DTV
      Zone I: 244.6 km.
      Zones II & III: 273.6 km.
   Co-channel, DTV to analog TV
      Zone I: 244.6 km.
      Zone II & III: 273.6 km.
   Adjacent Channel:
   DTV to DTV No allotments permitted between:
      Zone I: 20 km and 110 km.
      Zones II & III: 23 km and 110 km.
   DTV to analog TV No allotments permitted between:
      Zone I: 9 km and 125 km.
      Zone II & III: 11 km and 125 km.
   UHF Channels:
   Co-channel, DTV to DTV
      Zone I: 196.3 km.
      Zone II & III: 223.7 km.
   Co-channel, DTV to analog TV
      Zone I: 217.3 km.
      Zone II & III: 244.6 km.
   Adjacent Channel:
   DTV to DTV No allotments permitted between:
      All Zones: 24 km and 110 km.
   DTV to analog TV No allotments permitted between:
      All Zones: 12 km and 106 km.
   Taboo Channels, DTV to analog TV only (DTV channels +/−2, +/−3, +/−4, +/−7,
   +/−8, and 14 or 15 channels above the analog TV channel) No allotments
   permitted between:
   Zone I: 24.1 km and 80.5 km.
   Zone II & III: 24.1 km and 96.6 km.

   (3) Zones are defined in  Sec. 73.609. The minimum distance separation between a
   DTV station in one zone and an analog TV or DTV 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 (d)(3) of this
   section shall not be applicable to these pairs of channels ( Sec. 73.603(a)).

   (e) Protection of land mobile operations on channels 14–20. The Commission
   will not accept petitions to amend the DTV Table of Allotments, applications
   for new DTV stations, or applications to change the channel or location of
   authorized DTV stations that would use channels 14–20 where the distance
   between the DTV reference point as defined in section 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.  Petitions to amend the DTV Table, applications for new DTV
   stations, or requests to modify the DTV Table that do not meet the minimum
   DTV-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:
         City         Channels   Latitude    Longitude
   Boston, MA        14, 16     42 °21'24"   71 °03'25"
   Chicago, IL       14, 15     41 °52'28"   87 °38'22"
   Cleveland, OH     14, 15     41 °29'51.2" 81 °41'49.5"
   Dallas, TX        16         32 °47'09"   96 °47'37"
   Detroit, MI       15, 16     42 °19'48.1" 83 °02'56.7"
   Houston, TX       17         29 °45'26"   95 °21'37"
   Los Angeles, CA   14, 16, 20 34 °03'15"   118 °14'28"
   Miami, FL         14         25 °46'37"   80 °11'32"
   New York, NY      14, 15, 16 40 °45'06"   73 °59'39"
   Philadelphia, PA  19, 20     39 °56'58"   75 °09'21"
   Pittsburgh, PA    14, 18     40 °26'19"   80 °00'00"
   San Francisco, CA 16, 17     37 °46'39"   122 °24'40"
   Washington, DC    17, 18     38 °53'51"   77 °00'33"

   (f) Parties requesting new allotments on channel 6 be added to the DTV Table
   must submit an engineering study demonstrating that no interference would be
   caused to existing FM radio stations on FM channels 200–220.

   (g) Negotiated agreements on interference. Notwithstanding the minimum
   technical  criteria  for  DTV allotments specified above, DTV stations
   operating on allotments that are included in the initial DTV Table may:
   operate  with  increased  ERP and/or antenna HAAT that would result in
   additional interference to another DTV station or an analog TV station if
   that station agrees, in writing, to accept the additional interference;
   and/or implement an exchange of channel allotments between two or more
   licensees or permittees of TV stations in the same community, the same
   market,  or  in  adjacent  markets  provided,  however, that the other
   requirements of this section and of section 73.622 are met with respect to
   each  such  application.  Such  agreements  must be submitted with the
   application for authority to construct or modify the affected DTV station or
   stations. The larger service area resulting from a negotiated change in ERP
   and/or antenna HAAT will be protected in accordance with the provisions of
   paragraph (c) of this section. 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  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.

   (h) DTV application processing. (1) DTV applications for a construction
   permit or a modified construction permit pending as of January 18, 2001:

   (i) Shall be afforded the interference protection set forth in paragraph (c)
   or (d) of this section, as applicable:

   (A) By all NTSC minor change applications;

   (B) By NTSC new station applications, except those covered by paragraphs
   (h)(1)(ii)(G) and (h)(1)(iii)(D) of this section;

   (C) By all rulemaking petitions to amend the NTSC TV table of allotments;

   (D) By DTV applications filed after January 18, 2001; and

   (E) By rulemaking petitions to amend the DTV table of allotments filed after
   January 18, 2001;

   (ii) Must demonstrate the requisite interference protection set forth in
   paragraph (c) or (d) of this section, as applicable, to:

   (A) DTV licensed stations;

   (B) DTV construction permits;

   (C) Existing DTV allotments;

   (D) Rulemaking petitions to amend the DTV table of 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 DTV
   application;

   (E) NTSC stations with licenses covering construction permits that were
   granted before the DTV application was filed;

   (F) NTSC construction permits that were granted before the DTV application
   was filed;

   (G) Applications for new NTSC television stations that were in groups of
   mutually exclusive applications on file prior to July 1, 1997, regardless of
   whether they are the only applications that remain pending from their group.

   (iii) That do not provide the requisite interference protection set forth in
   paragraph  (c) or (d) of this section, as applicable, to the following
   applications and petitions will be deemed mutually exclusive with those
   applications and petitions:

   (A) Other DTV applications pending as of January 18, 2001;

   (B) Rulemaking petitions to amend the DTV table of allotments filed on or
   before January 18, 2001 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 DTV application;

   (C) Rulemaking petitions to amend the DTV table of allotments filed on or
   before January 18, 2001 for which a Notice of Proposed Rule Making had not
   been released; and

   (D) Applications for new NTSC stations that are not covered by paragraph
   (h)(1)(ii)(G) of this section and were filed and accepted for filing on or
   before January 18, 2001 that:

   ( 1 ) Were filed by post-auction winners pursuant to  Sec. 73.5005.

   ( 2 ) Are part of a settlement agreement on-file with the Commission that
   would result in the grant of the NTSC application; or

   ( 3 ) Are cut-off singletons.

   (2) DTV applications for a construction permit or a modified construction
   permit filed after January 18, 2001:

   (i) Shall be afforded the interference protection set forth in paragraph (c)
   or (d) of this section, as applicable:

   (A) By all NTSC minor change applications;

   (B) By NTSC new station applications, except those covered by paragraph
   (h)(2)(ii)(H) and (I) of this section;

   (C) By all rulemaking petitions to amend the NTSC TV table of allotments
   except  those  filed  by  NTSC  applicants  in those groups defined in
   (h)(2)(ii)(I) of this section 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 DTV application;

   (D) By later-filed DTV applications; and

   (E)  By  later-filed  rulemaking  petitions  to amend the DTV table of
   allotments;

   (ii) Must demonstrate the requisite interference protection set forth in
   paragraph (c) or (d) of this section, as applicable, to:

   (A) DTV licensed stations;

   (B) DTV construction permits;

   (C) Earlier-filed DTV applications;

   (D) Existing DTV allotments;

   (E) Rulemaking petitions to amend the DTV table of 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 DTV
   application;

   (F) NTSC stations with licenses covering construction permits that were
   granted before the DTV application was filed;

   (G) NTSC construction permits that were granted before the DTV application
   was filed; and

   (H) Earlier-filed and accepted for filing applications for new NTSC stations
   that are not covered by paragraph (h)(2)(ii)(I) of this section, and that:

   ( 1 ) Were filed by post-auction winners pursuant to  Sec. 73.5005.

   ( 2 ) Are part of a settlement agreement on-file with the Commission that
   would result in the grant of the NTSC application; or

   ( 3 ) Are cut-off singletons;

   (I) Applications for new NTSC television stations that were in groups of
   mutually exclusive applications on file prior to July 1, 1997, regardless of
   whether they are the only applications that remain pending from their group;

   (J) Rulemaking petitions to amend the NTSC table of allotments filed by
   applicants defined in (h)(2)(ii)(I) of this section for which a Notice of
   Proposed Rule Making has been released and the comment deadline specified
   therein has passed prior to the filing of the DTV application.

   (iii) That do not provide the requisite interference protection set forth in
   paragraph  (c) or (d) of this section, as applicable, to the following
   applications and petitions will be deemed mutually exclusive with those
   applications and petitions:

   (A) Other DTV applications filed the same day;

   (B) Rulemaking petitions to amend the DTV table of 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 DTV
   application; and

   (C) Earlier-filed rulemaking petitions to amend the DTV table of allotments
   for which a Notice of Proposed Rule Making had not been released.

   (3) DTV applicants, DTV applicants and NTSC applicants, or DTV applicants
   and DTV 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.

   [ 62 FR 26719 , May 14, 1997, as amended at  63 FR 13560 , Mar. 20, 1998;  64 FR 4327 , Jan. 28, 1999;  65 FR 30002 , May 10, 2000;  65 FR 58467 , Sept. 29, 2000;
    66 FR 9984 , Feb. 13, 2001;  66 FR 65134 , Dec. 18, 2001;  69 FR 31906 , June 8,
   2004]