§ 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.
   § 74.765   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 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]

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