Goto Section: 74.786 | 74.788 | Table of Contents
FCC 74.787
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 74.787 Digital licensing.
(a) Applications for digital low power television and television translator
stations —(1) Applications for digital conversion. Applications for digital
conversion channels may be filed at any time. Such applications shall be
filed on FCC Form 346 and will be treated as a minor change application.
There will be no application fee.
(2) Applications for companion digital channel. (i) A public notice will
specify a time period or “window” for filing applications for companion
digital channels. During this window, only existing low power television or
television translator stations or licensees and permittees of Class A TV
stations may submit applications for companion digital channels.
Applications submitted prior to the initial window identified in the public
notice will be returned as premature. At a subsequent time, a public notice
will announcement the commencement of a filing procedure in which
applications will accepted on a first-come, first-served basis not
restricted to existing station licensees and permittees;
(ii) Applications for companion digital channels filed during the initial
window shall be filed in accordance with the provisions of Sec. Sec. 1.2105 and
73.5002 of this chapter regarding the submission of the short-form
application, FCC Form 175, and all appropriate certifications, information
and exhibits contained therein. To determine which applicants are mutually
exclusive, applicants must submit the engineering data contained in FCC Form
346 as a supplement to its short-form application. Such engineering data
will not be studied for technical acceptability, but will be protected from
subsequently filed applications as of the close of the initial window
period. Determinations as to the acceptability or grantability of an
applicant's proposal will not be made prior to an auction;
(iii) After the close of the initial window, a public notice will identify
the short-form applications received during the window filing period which
are found to be mutually exclusive. Such short-form applications will be
resolved via the Commission's Part 1 and broadcast competitive bidding
rules, Sec. Sec. 1.2100 et seq. , and Sec. Sec. 73.5000 et seq. of this chapter. Such
applicants shall be afforded an opportunity to submit settlements and
engineering solutions to resolve mutual exclusivity pursuant to Sec. 73.5002(d)
of this chapter;
(iv) After the close of the window, a public notice will identify short-form
applications received that are found to be non-mutually exclusive. All
non-mutually exclusive applicants will be required to submit an FCC Form 346
pursuant to Sec. 73.5005 of this chapter. Such applications shall be processed
pursuant to Sec. 73.5006 of this chapter; and
(v) With regard to fees, an application (FCC Form 346) for companion digital
channels shall be treated as a minor change application and there will be no
application fee.
(3) Construction permit applications for new stations, major changes to
existing stations in the low power television service. A public notice will
specify the date upon which interested parties may begin to file
applications for new stations and major facilities changes to existing
stations in the low power television service. It will specify parameters for
any applications that may be filed. Applications submitted prior to date
announced by the public notice will be returned as premature. Such
applications shall be accepted on a first-come, first-served basis, and
shall be filed on FCC Form 346. Applications for new or major change shall
be subject to the appropriate application fee. Mutually exclusive
applications shall be resolved via the Commission's part 1 and broadcast
competitive bidding rules, Sec. 1.2100 et seq. , and Sec. 73.5000 et seq. of this
chapter. Such applicants shall be afforded an opportunity to submit
settlements and engineering solutions to resolve mutual exclusivity pursuant
to Sec. 73.5002(d) of this chapter.
(4) Displacement applications. A digital low power television or television
translator station which is causing or receiving interference or is
predicted to cause or receive interference to or from an authorized TV
broadcast station, DTV station or allotment or other protected station or
service, may at any time file a displacement relief application for change
in channel, together with technical modifications that are necessary to
avoid interference or continue serving the station's protected service area,
provided the proposed transmitter site is not located more than 30 miles
from the reference coordinates of the existing station's community of
license. See Sec. 76.53 of this chapter. A displacement relief application shall
be filed on FCC Form 346 and will be considered a minor change and will be
placed on public notice for a period of not less than 30 days to permit the
filing of petitions to deny. These applications will not be subject to the
filing of competing applications. Where a displacement relief application
for a digital low power television or television translator station becomes
mutually exclusive the application(s) for new analog or digital low power
television or television translator stations, with a displacement relief
application for an analog low power television or television translator
station, or with other non-displacement relief applications for facilities
modifications of analog or digital low power television or television
translator stations, priority will be afforded to the displacement
application for the digital low power television or television translator
station to the exclusion of other applications. Mutually exclusive
displacement relief applications for digital low power television and
television translator stations shall be resolved via the Commission's part 1
and broadcast competitive bidding rules, Sec. 1.2100 et seq. , and Sec. 73.5000 et
seq. of this chapter. Such applicants shall be afforded an opportunity to
submit settlements and engineering solutions to resolve mutual exclusivity
pursuant to Sec. 73.5002(d) of this chapter.
(b) Definitions of “major” and “minor” changes to digital low power
television and television translator stations. (1) Applications for major
changes in digital low power television and television translator stations
include any change in the frequency (output channel) not related to
displacement relief or transmitting antenna location where the protected
contour resulting from the change does not overlap some portion of the
protected contour of the authorized facilities of the existing station.
(2) Other facilities changes will be considered minor.
[ 69 FR 69333 , Nov. 29, 2004]
Goto Section: 74.786 | 74.788
Goto Year: 2007 |
2009
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