Goto Section: 27.1230 | 27.1232 | Table of Contents
FCC 27.1231
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 27.1231 Initiating the transition.
(a) Transition areas. Unless paragraph (b) of this section applies, the
transition will occur by Basic Trading Area (BTA). BTAs are based on the
Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
pages 38–39, that identifies 487 BTAs based on the 50 States; it also
includes the following additional BTA-like areas: American Samoa; Guam;
Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan,
Puerto Rico; and the United States Virgin Islands, for a total of 493 BTAs.
The Mayaguez/Aguadilla-Ponce BTA-like area consists of the following
municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo,
Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz,
Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas,
Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San German, Santa
Isabel, Villalba, and Yauco. The San Juan BTA-like area consists of all
other municipios in Puerto Rico. The BTA associated with the Gulf of Mexico
will not be transitioned.
(b) Overlapping GSAs. When a Geographic Service Area (GSA) overlaps two or
more BTAs:
(1) The proponents of the adjacent BTAs may agree on how to transition a GSA
that overlaps their respective BTAs.
(2) If an agreement has not been reached between or among the proponents of
the adjacent BTAs:
(i) Each proponent must transition all of the facilities associated with the
GSA that are inside the GSA and inside the proponent's BTA if all of the
adjacent BTAs are transitioning; or
(ii) The proponent of the BTA that is transitioning must transition all of
the facilities associated with the GSA that are within the GSA but outside
the BTA, if the adjacent BTA is not transitioning.
(c)(1) Proponent(s). The proponent or co-proponent must:
(i) Be a BRS or EBS licensee or BRS or EBS lessee;
(ii) Send a Pre-Transition Data Request (see paragraph (d) of this section)
and a Transition Notice (see paragraph (e) of this section) to every BRS and
EBS licensee in the BTA, using the contact information in the Commission's
Universal Licensing System; and
(iii) Be first to file an Initiation Plan (see paragraph (f) of this
section) with the Secretary of the Commission.
(2) Before filing an Initiation Plan, BRS or EBS licensees or BRS or EBS
lessees may agree to be co-proponents. After the Initiation Plan is filed
the proponent may accept a co-proponent at its sole discretion.
(d) Pre-Transition Data Request. The Pre-Transition Data Request must
include the potential proponent's full name, postal mailing address, contact
person, e-mail address, and phone and fax numbers.
(1) BRS and EBS licensees that receive a Pre-Transition Data Request must
provide the following information to the potential proponent within 45 days
of receiving the Pre-Transition Data Request:
(i) The BRS or EBS licensee's full name, postal mailing address, contact
person, e-mail address, and phone and fax number.
(ii) The location (by street address and by geographic coordinates) of every
constructed EBS receive site that, as of the date of receipt of the
Pre-Transition Data Request, is entitled to a replacement downconverter (see
Sec. 27.1233(a)). The response must:
(A) Specify whether the downconverting antenna is mounted on a structure
attached to the building or on a free-standing structure;
(B) Specify the approximate height above ground level of the downconverting
antenna; and
(C) Specify, if known, the adjacent channel D/U ratio that can be tolerated
by any receiver(s) at the receive site.
(iii) The location (street address and geographic coordinates) of the main
station or booster serving each EBS receive site entitled to protection,
including:
(A) The make and model of the antenna for that main station or booster,
along with the radiation pattern if it is not included within the
Commission's database;
(B) The ground elevation, above mean sea level (AMSL), of the building or
antenna supporting structure on which the main station or booster
transmission antenna is installed;
(C) The height above ground level (AGL) of the center of radiation of the
transmission antenna;
(D) The orientation of the main lobe of the transmission antenna;
(E) Any mechanical beamtilt or electrical beamtilt not reflected in the
radiation pattern provided or included within the Commission's database;
(F) The bandwidth of each channel or subchannel, the emission type for each
channel or subchannel, and the EIRP measured in the main lobe for each
channel or subchannel; and
(G) The make and model of the receive antenna installed at that site, along
with the radiation pattern if it is not included within the Commission's
database.
(iv) The number and identification of EBS video programming or data
transmission tracks the EBS licensee is entitled to receive in the MBS and
whether the EBS licensee will accept fewer tracks in the MBS (see
Sec. 27.1233(b)).
(v) Whether it will seek or has sought a waiver from the Commission as a
Multichannel Video Programming Distributor (MVPD).
(2) BRS and EBS licensees that do not respond to the Pre-Transition Data
Request within 45 days of its receipt may not object to the Transition Plan.
(e) The Transition Notice. The potential proponent(s) must send a Transition
Notice to all BRS and EBS licensees in the BTA(s) being transitioned. The
potential proponent(s) must include the following information in the
Transition Notice:
(1) The potential proponent(s)'s full name; postal mailing address, contact
person, e-mail address, and phone and fax numbers;
(2) The identification of the BRS and EBS licensees that will be
transitioned;
(3) Copies of the most recent response to the Pre-Transition Data Request
for each participant in the process; and
(4) A certification that the potential proponent(s) has the funds available
to pay the reasonably expected costs of the transition based on the
information in the Pre-Transition Data Request.
(f) Initiation Plan. To initiate a transition, a potential proponent(s) must
submit an Initiation Plan to the Commission at the Office of the Secretary
in Washington, DC on or before January 21, 2009.
(1) An Initiation Plan must contain the following information:
(i) A list of the BTA(s) that the proponent(s) is transitioning;
(ii) A list by call sign of all of the BRS and EBS licensees in the BTA(s)
that are being transitioned;
(iii) A “best estimate” of when the transition will be completed;
(iv) A statement indicating that an agreement has been concluded with the
proponent(s) of the adjoining or adjacent BTA(s) when a licensee or
licensees in an adjacent or adjoining BTA must be transitioned to avoid
interference to licensees in the BTA being transitioned, or in lieu of an
agreement, the proponent(s) may provide an alternative means of
transitioning the licensees in an adjacent or adjoining BTA;
(v) A statement indicating that an agreement has been concluded with another
proponent(s) on how a BTA will be transitioned when there are two or more
proponents seeking to transition the same BTA and they agree to be
co-proponents before the Initiation Plan is filed, and a statement that
identifies the specific portion of the BTA each proponent will be
responsible for transitioning; and
(vi) A certification that the proponent or joint proponents have the funds
available to pay the reasonable expected costs of the transition based on
the information contained in the Pre-Transition Data Request (see paragraph
(d) of this section).
(2) A proponent, at its own discretion, may withdraw from transitioning a
BTA by notifying the Commission and all affected BRS and EBS licensees in
the BTA that it is withdrawing the Initiation Plan.
(3) A proponent may amend an Initiation Plan after it has been filed with
the Commission to correct minor or inadvertent errors.
(g) MVPD waiver requests. MVPD licensees that seek to opt-out of the
transition must seek a waiver within 60 days after the proponent files the
Initiation Plan or on or before April 30, 2007, whichever occurs first.
[ 71 FR 35191 , June 19, 2006, as amended at 73 FR 26041 , May 8, 2008]
Goto Section: 27.1230 | 27.1232
Goto Year: 2007 |
2009
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