§  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 §  73.622 and petitions for rule making to amend
   the pre-transition DTV Table of Allotments (§  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. Petitions for rule making and
   applications seeking facilities that will operate after the end of the
   DTV transition must also comply with §  73.616.

   (b) In considering petitions to amend the DTV Table and applications
   filed pursuant to this section, the Commission will use geographic
   coordinates defined in §  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 §  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+10log10 [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
   §  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
   §  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 §  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 §  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 §  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
   (§  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     42DEG21'24''   71DEG03'25''
   Chicago, IL       14, 15     41DEG52'28''   87DEG38'22''
   Cleveland, OH     14, 15     41DEG29'51.2'' 81DEG41'49.5''
   Dallas, TX        16         32DEG47'09''   96DEG47'37''
   Detroit, MI       15, 16     42DEG19'48.1'' 83DEG02'56.7''
   Houston, TX       17         29DEG45'26''   95DEG21'37''
   Los Angeles, CA   14, 16, 20 34DEG03'15''   118DEG14'28''
   Miami, FL         14         25DEG46'37''   80DEG11'32''
   New York, NY      14, 15, 16 40DEG45'06''   73DEG59'39''
   Philadelphia, PA  19, 20     39DEG56'58''   75DEG09'21''
   Pittsburgh, PA    14, 18     40DEG26'19''   80DEG00'00''
   San Francisco, CA 16, 17     37DEG46'39''   122DEG24'40''
   Washington, DC    17, 18     38DEG53'51''   77DEG00'33''

   (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 §  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 §  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;  73 FR 5683 , Jan. 30, 2008]

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