ERRATUM The Reply Comments submitted by the Preserve Community Programming Coalition (PCPC) on February 6, 2020, inadvertently omitted certain attachments to Exhibit A, Engineering Statement of Clarence M. Beverage. Attached is a complete version of the PCPC Reply Comments with the omitted attachments included and that minor typographical errors corrected. Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's Rules to ) MB Docket No. 03-185 Establish Rules for Digital Low Power ) Television, Television Translator, and ) Television Booster Stations and to Amend ) Rules for Digital Class A Television Stations ) REPLY COMMENTS OF PRESERVE COMMUNITY PROGRAMMING COALITION René Heredia Craig Fox HOMBRE NUEVO INC DBA METRO TV, INC. GUADALUPE RADIO 401 W. Kirkpatrick St. 12036 Ramona Boulevard Syracuse, NY 13204 El Monte, CA 91732 [email protected] (626) 444-4442 (315) 468-0908 [email protected] A. Wray Fitch III J. Christopher Blair George R. Grange II SYNCOM MEDIA GROUP, INC. SIGNAL ABOVE, LLC 3253 Sand Marsh Lane Suite 140 Mt Pleasant, SC 29466 8280 Greensboro Drive (303) 520-9996 McLean, VA 22102-3807 [email protected] [email protected] Paul Koplin Evan Fieldman VENTURE TECHNOLOGIES GROUP, LLC WEIGEL BROADCASTING CO. 5670 Wilshire Boulevard Weigel Broadcasting Co. Suite 1620 26 N Halsted Los Angeles, CA 90036 Chicago, IL 60661 (323) 965-5400 (312) 705-2600 [email protected] February 6, 2020 TABLE OF CONTENTS I. INTRODUCTION AND SUMMARY ................................................................................1 II. PREVENTING THE ELIMINATION OF EXISTING 87.7 ANALOG AUDIO SERVICES AFTER THE LPTV DIGITAL TRANSITION IS IN THE PUBLIC INTEREST ...........................................................................................................................3 III. THERE ARE NO LEGAL BARRIERS TO AUTHORIZING CURRENTLY OPERATING ANALOG LPTV CHANNEL 6 STATIONS TO TRANSMIT A DUAL DIGITAL TV/ANALOG AUDIO SIGNAL .......................................................................8 IV. THERE ARE NO TECHNICAL BARRIERS TO AUTHORIZING CURRENTLY OPERATING ANALOG LPTV CHANNEL 6 STATIONS TO TRANSMIT A DUAL DIGITAL TV/ANALOG AUDIO SIGNAL .....................................................................11 V. CONCLUSION ..................................................................................................................14 ii Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's Rules to ) MB Docket No. 03-185 Establish Rules for Digital Low Power ) Television, Television Translator, and ) Television Booster Stations and to Amend ) Rules for Digital Class A Television Stations ) REPLY COMMENTS OF PRESERVE COMMUNITY PROGRAMMING COALITION The Preserve Community Programming Coalition (“PCPC”),1 an ad hoc group of broadcasters who utilize the unique video and audio capabilities of analog channel 6 to broadcast programming that can be received both on televisions tuned to channel 6 and on radios tuned to 87.7 FM, hereby submits these Reply Comments in response to the Media Bureau’s Public Notice seeking to refresh the record in the above-referenced proceeding.2 I. INTRODUCTION AND SUMMARY The initial comments submitted in response to the Commission’s 87.7 Public Notice confirm that there are no legal or technical barriers that would justify overlooking the strong public interest benefits from ensuring that listeners can continue to receive diverse programming on 87.7 FM following the July 2021 LPTV digital transition. Indeed, there is no dispute that 1 The members of the Preserve Community Programming Coalition are Hombre Nuevo Inc. d/b/a Guadalupe Radio, Metro TV, Inc., Signal Above LLC, Syncom Media Group, Inc., Venture Technologies Group, LLC, and Weigel Broadcasting Co. 2 Media Bureau Seeks to Update the Record on the Operation of Analog Radio Services By Digital LPTV Stations As Ancillary or Supplementary Services, Public Notice, MB Docket No. 03-185, DA-19-1231 (rel. Dec. 4, 2019) (the “87.7 Public Notice”). 1 forcing existing analog channel 6 LPTV stations to terminate programming on 87.7 FM would deny millions of listeners access to the programming of their choice, including vital ethnic (Latin American, Korean, Russian, Ukrainian, Lithuanian, Moldavian, Romanian, Georgian, Uzbek, Polish, etc.), religious (Catholic, Jewish, etc.), sports, and unique music programming. Although many of these stations have been broadcasting analog audio carriers on 87.7 FM for more than a decade, the record does not include a single instance of actual, unresolved interference resulting from such operations. Furthermore, there is no dispute that the FCC can easily modify its rules to ensure that these existing services can continue after the digital transition. The strongest opposition to permitting existing analog channel 6 LPTV stations to transmit a dual digital TV/analog audio signal comes not from Commission licensees, but rather from a programmer (National Public Radio), and two low power FM (“LPFM”) advocacy groups (REC Networks and Common Frequency). Meanwhile, the only full power FM licensees to comment (California State University Long Beach Research Foundation and Educational Media Foundation) recognize that any theoretical concerns about interference from an analog audio carrier at 87.7 FM to adjacent channel NCE FM stations are either unfounded or can be mitigated with the use of a full service digital emission mask. Indeed, all of the points raised in opposition to authorizing dual digital TV/analog audio signals, whether by FM licensees or non-FM licensees, are easily addressed: • Permitting Dual DTV/Analog Audio Transmissions is An Efficient Use of Spectrum. Analog LPTV stations have served as an important nightlight for consumers with one or more analog television receivers following the full power digital transition. Now, as LPTV stations transition their television signals to digital, they will have an increased incentive to invest in developing innovative video programming to match their popular audio services. Although unnecessary, the PCPC does not oppose a digital video mandate, similar to the requirements for full power and Class A stations, requiring stations authorized to transmit a dual digital 2 TV/analog audio signal to transmit at least one standard definition video signal that can be received by an ATSC television receiver. • The FCC Can Narrowly Tailor Authority to Operate an 87.7 MHz Analog Audio Carrier. As the PCPC explained in its opening comments, it would be a reasonable exercise of the FCC’s authority to limit the right to transmit an 87.7 MHz analog audio carrier to currently operating analog channel 6 LPTV stations. Importantly, this would not be a new service, but an evolution of how existing spectrum is used akin to the issuance of digital companion channels and digital television licenses only to existing analog television licensees. • There Is No Basis to Artificially Limit the Power of 87.7 MHz Analog Audio Carriers. Because the Commission has allocated the channel 6 frequencies (82-88 MHz) primarily for broadcast television, the power and height limits for services offered on these frequencies are properly defined by the FCC’s Part 74 rules for low power television, which permit power levels up to 3 kW ERP. Restricting the power levels only for the analog audio carrier would serve no valid purpose, but at the cost of service loss for potentially large numbers of existing listeners. • Theoretical Technical Concerns Can Be Addressed Through Service Rules or a No Interference Mandate. Although channel 6 television stations have operated analog audio carriers at 87.7 MHz for decades, the record does not identify a single instance of unmitigated interference between an 87.7 MHz audio signal and other television stations or stations in the FM band. Nevertheless, the theoretical technical concerns raised by some commenters can be addressed through service rules and a requirement that licensees must suspend 87.7 MHz audio services if they cause any actual interference. Moreover, initial test results demonstrate that not only is ATSC 3.0 compatible with an 87.7 MHz analog audio carrier, but the two signals can operate simultaneously with almost no degradation to either signal. Accordingly, the Commission should act swiftly to authorize currently operating analog channel 6 LPTV stations to continue transmissions at 87.7 MHz without interruption after the July 13, 2021 LPTV digital transition. II. PREVENTING THE ELIMINATION OF EXISTING 87.7 ANALOG AUDIO SERVICES AFTER THE LPTV DIGITAL TRANSITION IS IN THE PUBLIC INTEREST The initial comments confirm that existing analog channel 6 LPTV stations offer diverse and innovative audio content available at 87.7 MHz that has resonated with listeners, particularly those in underserved communities. The PCPC has previously highlighted the use of 87.7 MHz 3 to provide Spanish-language Catholic programming designed for Latin American immigrants in Southern California, the only locally-produced Spanish-language programming in Denver, programming that helps immigrant communities in Washington, D.C. acclimate to their new communities while maintaining a connection to their homeland, unique baby-boomer themed music programming in Chicago, and locally-produced programming directed to the diverse needs of listeners in Syracuse, New York, including Spanish, Italian, Polish and Bosnian foreign language programming as well as