Goto Section: 74.786 | 74.788 | Table of Contents
FCC 74.787
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 § § 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, § § 1.2100 et seq., and § § 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 § 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 § 73.5005 of this chapter. Such applications shall be processed
pursuant to § 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, § 1.2100 et seq., and § 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 § 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 § 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, § 1.2100 et seq., and § 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 § 73.5002(d) of this chapter.
(5) Application for replacement digital television translator. (i) An
application for a replacement digital television translator may be filed at
any time. A license for a replacement digital television translator will be
issued only to a television broadcast station licensee that demonstrates in
its application that a portion of the station's pre-transition analog
service area will not be served by its full, post-transition digital
facilities and that the proposed translator will be used to provide service
to the area where service has been lost.” Replacement digital television
translators may operate on channels 2-51. Applications for replacement
digital television translator shall be given processing priority over all
other low power television and TV translator applications except
displacement applications (with which they shall have co-equal priority) as
set forth in 47 CFR 73.3572(a)(4)(ii). The service area of the replacement
translator shall be limited to only a demonstrated loss area within the
full-service station's pre-transition analog service area. “Analog service
area” is defined as the existing, authorized, protected service area
actually served by the analog signal prior to analog termination for the DTV
transition. An applicant for a replacement digital television translator may
propose a de minimis expansion of its full-service pre-transition analog
service area upon demonstrating that the expansion is necessary to replace
its analog loss area. The license for the replacement digital television
translator will be associated with the full power station's main license,
will be assigned the same call sign, may not be separately assigned or
transferred, and will be renewed with the full-service station's main
license.
(ii) Each original construction permit for the construction of a replacement
digital television translator station 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. The
provisions of § 74.788(c) of this chapter shall apply for stations seeking
additional time to complete construction of their replacement digital
television translator station.
(iii) A public notice will specify the date upon which interested parties
may begin to file applications for replacement digital television
translators. Such applications shall be filed on FCC Form 346, shall be
treated as an application for minor change and shall be accepted on a
first-come, first-served basis. Mutually exclusive applications shall be
resolved via the Commission's part 1 and broadcast competitive bidding
rules, § 1.2100 et seq. and § 73.5000 et seq. of this chapter.
(iv) The following sections are applicable to replacement digital television
translator stations:
§ 73.1030 Notifications concerning interference to radio astronomy,
research and receiving installations.
§ 74.703 Interference.
§ 74.709 Land mobile station protection.
§ 74.734 Attended and unattended operation.
§ 74.735 Power Limitations.
§ 74.751 Modification of transmission systems.
§ 74.763 Time of Operation.
§ 74.765 Posting of station and operator licenses.
§ 74.769 Copies of rules.
§ 74.780 Broadcast regulations applicable to translators, low power, and
booster stations (except § 73.653—Operation of TV aural and visual
transmitters and § 73.1201—Station identification).
§ 74.781 Station records.
§ 74.784 Rebroadcasts.
(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:
(i) Any change in the frequency (output channel) not related to displacement
relief;
(ii) Any change in 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; or
(iii) Any change in transmitting antenna location of greater than 30 miles
(48 kilometers) from the reference coordinates of the existing station's
antenna location.
(2) Other facilities changes will be considered minor.
(c) Not later than 11:59 pm local time on September 1, 2011, low power
television or TV translator stations operating analog (NTSC) or digital
facilities above Channel 51, that have not already done so, must file a
digital displacement application for a channel below Channel 52 pursuant to
the procedures in subsection (a)(4) of this rule. Low power television and
TV translator stations operating analog (NTSC) or digital facilities above
Channel 51 that have not submitted a digital displacement application by
11:59 pm local time on September 1, 2011 will be required to cease
operations altogether by December 31, 2011. These stations' authorization
for facilities above Channel 51 shall be cancelled. Any digital displacement
application submitted by a low power television or TV translator station
operating analog (NTSC) or digital facilities above Channel 51 that is
submitted after 11:59 pm local time on September 1, 2011 will be dismissed.
In addition, any outstanding construction permit (analog or digital) for an
channel above Channel 51 will be rescinded on December 31, 2011, and any
pending application (analog or digital) for a channel above Channel 51 will
be dismissed on December 31, 2011, if the permittee has not submitted a
digital displacement application by 11:59 pm local on September 1, 2011.
[ 69 FR 69333 , Nov. 29, 2004, as amended at 74 FR 23655 , May 20, 2009; 76 FR 44828 , July 27, 2011]
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Goto Section: 74.786 | 74.788
Goto Year: 2014 |
2016
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