Goto Section: 74.786 | 74.788 | Table of Contents
FCC 74.787
Revised as of October 1, 2019
Goto Year:2018 |
2020
§ 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) Applications for analog-to-digital and digital-to-digital
replacement television translators. (i) Applications for new
analog-to-digital replacement translators will not be accepted.
Displacement applications for analog-to-digital replacement translators
will continue to be accepted. An application for a new
digital-to-digital replacement translator may be filed beginning the
first day of the low power television and TV translator displacement
window set forth in § 73.3700(g)(1) of this part to one year after the
completion of the 39-month post-auction transition period as defined in
§ 27.4 of this chapter. Applications for digital-to-digital replacement
translators filed during the displacement window will be considered
filed on the last day of the window. Following the completion of the
displacement window, applications for digital-to-digital replacement
translators will be accepted on a first-come, first-served basis.
(ii) Each original construction permit for the construction of a
displacement analog-to-digital or new or displacement
digital-to-digital replacement 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 displacement analog-to-digital
or new or displacement digital-to-digital replacement television
translator station.
(iii) Displacement applications for analog-to-digital replacement
television translators shall be given processing priority over all
other low power television and TV translator new, minor change, or
displacement applications except applications for digital-to-digital
replacement television translators with which they shall have co-equal
priority. Applications for digital-to-digital replacement television
translators shall be given processing priority over all low power
television and TV translator new, minor change, or displacement
applications, except displacement applications for analog-to-digital
replacement translators with which they shall have co-equal priority.
(iv) Applications for new digital-to-digital replacement television
translators and displacement applications for analog-to-digital and
digital-to-digital replacement television translators shall be treated
as an application for minor change. 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.
(v) A license for a digital-to-digital replacement television
translator will be issued only to a full-power television broadcast
station licensee that demonstrates in its application a loss in the
station's pre-auction digital service area as a result of the broadcast
television spectrum incentive auction, including the repacking process,
conducted under section 6403 of the Middle Class Tax Relief and Job
Creation Act of 2012 (Pub. L. 112-96). “Pre-auction digital service
area” is defined as the geographic area within the full power station's
noise-limited contour (as set forth in Public Notice, DA 15-1296,
released November 12, 2015). The service area of the digital-to-digital
replacement translator shall be limited to only the demonstrated loss
area within the full power station's pre-auction digital service area,
provided that an applicant for a digital-to-digital replacement
television translator may propose a de minimis expansion of its full
power pre-auction digital service area upon demonstrating that the
expansion is necessary to replace a loss in its pre-auction digital
service area.
(vi) The license for the analog-to-digital and digital-to-digital
replacement 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 power station's main license.
(vii) Analog-to-digital and digital-to-digital replacement television
translators may operate only on those television channels designated
for broadcast television use following completion of the broadcast
television spectrum incentive auction conducted under section 6403 of
the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L.
112-96).
(viii) The following sections are applicable to analog-to-digital and
digital-to-digital replacement television translator stations:
Applicable Rule Sections
§ 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.
§ 74.769 Familiarity with FCC 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 including changes
made to implement a channel sharing arrangement provided they comply
with the other provisions of this section.
(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; 81 FR 5053 , Feb. 1, 2016; 83 FR 13683 , Mar.
30, 2018; 84 FR 2759 , Feb. 8, 2019]
return arrow Back to Top
Goto Section: 74.786 | 74.788
Goto Year: 2018 |
2020
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public