Federal Communications Commission § 73.624

applicable, to the following applica- analog television channel, it must also tions and petitions will be deemed mu- transmit at least one over-the-air video tually exclusive with those applica- program signal on the DTV channel. tions and petitions: The DTV service that is provided pur- (A) Other DTV applications filed the suant to this paragraph must be at same day; least comparable in resolution to the (B) Rulemaking petitions to amend analog television station programming the DTV table of allotments for which transmitted to viewers on the analog a Notice of Proposed Rule Making had channel. been released and the comment dead- (1) DTV broadcast station permittees line specified therein had not passed and licensees required to construct and prior to the filing date of the DTV ap- operate a DTV station by May 1, 2002, plication; and or May 1, 2003, pursuant to paragraph (C) Earlier-filed rulemaking petitions (d) of this section must, at a minimum, to amend the DTV table of allotments beginning on the date on which the for which a Notice of Proposed Rule DTV station is required to be con- Making had not been released. structed, provide a digital video pro- (3) DTV applicants, DTV applicants gram signal, of the quality described in and NTSC applicants, or DTV appli- paragraph (b) of this section, during cants and DTV rulemaking petitioners prime time hours as defined in that are mutually exclusive pursuant § 79.3(a)(6) of this chapter. These licens- to this section will be notified by Pub- ees and permittees must also comply lic Notice and provided with a 90-day with the minimum operating hours re- period of time to resolve their mutual quirements in paragraph (f) of this sec- exclusivity via engineering amendment tion. or settlement. Those applications and (2) DTV licensees or permittees that petitions that remain mutually exclu- choose to commence digital operation sive upon conclusion of the 90-day set- before the construction deadline set tlement period will be dismissed. forth in paragraph (d) of this section [62 FR 26719, May 14, 1997, as amended at 63 are not subject to any minimum sched- FR 13560, Mar. 20, 1998; 64 FR 4327, Jan. 28, ule for operation on the DTV channel. 1999; 65 FR 30002, May 10, 2000; 65 FR 58467, (c) Provided that DTV broadcast sta- Sept. 29, 2000; 66 FR 9984, Feb. 13, 2001; 66 FR tions comply with paragraph (b) of this 65134, Dec. 18, 2001; 69 FR 31906, June 8, 2004; 73 FR 5683, Jan. 30, 2008] section, DTV broadcast stations are permitted to offer services of any na- § 73.624 Digital television broadcast ture, consistent with the public inter- stations. est, convenience, and necessity, on an (a) Digital television (‘‘DTV’’) broad- ancillary or supplementary basis. The cast stations are assigned channels 6 kinds of services that may be provided MHz wide. Initial eligibility for li- include, but are not limited to com- censes for DTV broadcast stations is puter software distribution, data trans- limited to persons that, as of April 3, missions, teletext, interactive mate- 1997, are licensed to operate a full rials, aural messages, paging services, power television broadcast station or audio signals, subscription video, and hold a permit to construct such a sta- any other services that do not derogate tion (or both). DTV broadcast stations’ obligations (b) DTV broadcast station permittees under paragraph (b) of this section. or licensees must transmit at least one Such services may be provided on a over-the-air video program signal at no broadcast, point-to-point or point-to- direct charge to viewers on the DTV multipoint basis, provided, however, channel. Until such time as a DTV sta- that any video broadcast signal pro- tion permittee or licensee ceases ana- vided at no direct charge to viewers log transmissions and returns that shall not be considered ancillary or spectrum to the Commission, and ex- supplementary. cept as provided in paragraph (b)(1) of (1) DTV licensees that provide ancil- this section, at any time that a DTV lary or supplementary services that are broadcast station permittee or licensee analogous to other services subject to transmits a video program signal on its regulation by the Commission must

183

VerDate Mar<15>2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:\SGML\220203.XXX 220203 WReier-Aviles on DSKGBLS3C1PROD with CFR § 73.624 47 CFR Ch. I (10–1–10 Edition)

comply with the Commission regula- DTV Table of Allotments and accom- tions that apply to those services, pro- panying Appendix B, established by the vided, however, that no ancillary or Seventh Report and Order in MB Dock- supplementary service shall have any et No. 87–268 and codified at 47 CFR rights to carriage under §§ 614 or 615 of 73.622(i). the Communications Act of 1934, as (vi) August 18, 2008 in all markets for amended, or be deemed a multichannel completion of construction of post- video programming distributor for pur- transition (DTV) facilities for all com- poses of section 628 of the Communica- mercial and noncommercial television tions Act of 1934, as amended. stations that will use the same channel (2) In all arrangements entered into used for pre-transition operation for with outside parties affecting service post-transition operation but which, as operation, the DTV licensee or per- of December 31, 2007, do not have a con- mittee must retain control over all ma- struction permit for facilities that con- terial transmitted in a broadcast mode form to the facilities defined by the via the station’s facilities, with the new DTV Table of Allotments and ac- right to reject any material in the sole companying Appendix B, established by judgement of the permitte or licensee. the Seventh Report and Order in MB The license or permittee is also respon- Docket No. 87–268 and codified at 47 sible for all aspects of technical oper- CFR 73.622(i). ation involving such telecommuni- (vii) June 12, 2009 in all markets for cations services. completion of construction of post- (3) In any application for renewal of a transition (DTV) facilities for all com- broadcast license for a television sta- mercial and noncommercial television tion that provides ancillary or supple- stations whose post-transition digital mentary services, a licensee shall es- channel is different from their pre- tablish that all of its program services transition digital channel and for those on the analog and the DTV spectrum stations whose post-transition channel are in the public interest. Any viola- is the same as their pre-transition tion of the Commission’s rules applica- channel but that are subject to a ble to ancillary or supplementary serv- unique technical challenge that has ices will reflect on the licensee’s quali- been specifically recognized as such by fications for renewal of its license. the Commission. (d) Digital television broadcast facili- (2) For the purposes of paragraph ties that comply with the FCC DTV (d)(1): Standard (section 73.682(d)), shall be (i) The term, ‘‘network,’’ is defined to constructed in the following markets include the ABC, CBS, NBC, and Fox by the following dates: television networks; (1)(i) May 1, 1999: all network-affili- (ii) The term, ‘‘television market,’’ is ated television stations in the top ten defined as the Designated Market Area television markets; or DMA as defined by Nielsen Media (ii) November 1, 1999: all network-af- Research as of April 3, 1997; and filiated television stations not included (iii) The terms, ‘‘network-affiliated’’ in category (1)(i) and in the top 30 tele- or ‘‘network-affiliate,’’ are defined to vision markets; include those television stations affili- (iii) May 1, 2002: all remaining com- ated with at least one of the four net- mercial television stations; works designated in paragraph (d)(2)(i) (iv) May 1, 2003: all noncommercial as of April 3, 1997. In those DMAs in television stations. which a network has more than one (v) May 18, 2008 in all markets for network affiliate, paragraphs (d)(1) (i) completion of construction of post- and (ii) of this section shall apply to its transition (DTV) facilities for all com- network affiliate with the largest audi- mercial and noncommercial television ence share for the 9 a.m. to midnight stations that will use the same channel time period as measured by Nielsen used for pre-transition operation for Media Research in its Nielsen Station post-transition operation and that, as Index, Viewers in Profile, as of Feb- of December 31, 2007, have a construc- ruary, 1997. tion permit for facilities that conform (3) Authority delegated. (i) Authority to the facilities defined by the new is delegated to the Chief, Media Bureau

184

VerDate Mar<15>2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:\SGML\220203.XXX 220203 WReier-Aviles on DSKGBLS3C1PROD with CFR Federal Communications Commission § 73.624

to grant an extension of time of up to rect charge to viewers on their DTV six months beyond the relevant con- channel at least 50 percent of the time struction deadline specified in para- they are transmitting a video program graph (d)(1) of this section upon dem- signal on their analog channel. onstration by the DTV licensee or per- (2) Commencing on April 1, 2004, DTV mittee that failure to meet that con- licensees and permittees described in struction deadline is due to cir- paragraph (f)(1) of this section must cumstances that are either unforesee- transmit a video program signal as de- able or beyond the licensee’s control scribed in paragraph (f)(1) of this sec- where the licensee has taken all rea- tion on the DTV channel at least 75 sonable steps to resolve the problem percent of the time they are transmit- expeditiously. ting a video program signal on the ana- (ii) For construction deadlines occur- log channel. ring prior to June 13, 2009, the fol- (3) Commencing on April 1, 2005, DTV lowing circumstances may include, but licensees and permittees described in shall not be limited to: paragraph (f)(1) of this section must (A) Inability to construct and place transmit a video program signal as de- in operation a facility necessary for scribed in paragraph (f)(1) of this sec- transmitting digital television, such as tion on the DTV channel at least 100 a tower, because of delays in obtaining percent of the time they are transmit- zoning or FAA approvals, or similar ting a video program signal on the ana- constraints; or log channel. (B) Where the licensee or permittee (4) The minimum operating hours re- is currently the subject of a bank- quirements imposed in paragraphs (f) ruptcy or receivership proceeding, or is (1) through (3) of this section will ter- experiencing severe financial hardship minate when the analog channel termi- as defined by negative cash flow for the nates operation and a 6 MHz channel is past three years. returned by the DTV licensee or per- (iii) For construction deadlines oc- mittee to the Commission. curring after June 12, 2009, the tolling (g) Commercial and noncommercial provisions of § 73.3598 shall apply. DTV licensees and permittees must an- (iv) The Bureau may grant no more nually remit a fee of five percent of the than two extension requests upon dele- gross revenues derived from all ancil- gated authority. Subsequent extension lary or supplementary services, as de- requests shall be referred to the Com- fined by paragraph (b) of this section, mission. The Bureau may deny exten- which are feeable, as defined in para- sion requests upon delegated authority. graphs (g)(2)(i) through (ii) of this sec- (v) Applications for extension of time tion. shall be filed no earlier than 90 and no (1)(i) All ancillary or supplementary later than 60 days prior to the relevant services for which payment of a sub- construction deadline, absent a show- scription fee or charge is required in ing of sufficient reasons for filing with- order to receive the service are feeable. in less than 60 days of the relevant con- The fee required by this provision shall struction deadline. be imposed on any and all revenues (e) The application for construction from such services, including revenues permit must be filed on Form 301 (ex- derived from subscription fees and cept for noncommercial stations, which from any commercial advertisements must file on Form 340) on or before the transmitted on the service. date on which half of the construction (ii) Any ancillary or supplementary period has elapsed. Thus, for example, service for which no payment is re- for applicants in category (d)(1)(i), the quired from consumers in order to re- application for construction period ceive the service is feeable if the DTV must be filed by May 1, 1998. licensee directly or indirectly receives (f)(1) Commencing on April 1, 2003, compensation from a third party in re- DTV television licensees and permit- turn for the transmission of material tees required to construct and operate provided by that third party (other a DTV station by May 1, 2002, or May 1, than commercial advertisements used 2003, must transmit at least one over- to support broadcasting for which a the-air video program signal at no di- subscription fee is not required). The

185

VerDate Mar<15>2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\220203.XXX 220203 WReier-Aviles on DSKGBLS3C1PROD with CFR § 73.625 47 CFR Ch. I (10–1–10 Edition)

fee required by this provision shall be tain such records for three years from imposed on any and all revenues from the date of remittance of fees. such services, other than revenues re- [62 FR 26989, May 16, 1997, as amended at 63 ceived from a third party in return for FR 15784, Apr. 1, 1998; 63 FR 69216, Dec. 16, the transmission of commercial adver- 1998; 64 FR 4327, Jan. 28, 1999; 66 FR 58982, tisements used to support broadcasting Nov. 26, 2001; 66 FR 65135, Dec. 18, 2001; 67 FR for which a subscription fee is not re- 13232, Mar. 21, 2002; 67 FR 38423, June 4, 2002; quired. 69 FR 59535, Oct. 4, 2004; 73 FR 5683, Jan. 30, 2008; 74 FR 8878, Feb. 27, 2009] (2) Payment of fees. (i) Each December 1, all commercial and noncommercial § 73.625 DTV coverage of principal DTV licensees and permittees will elec- community and antenna system. tronically report whether they pro- (a) Transmitter location. (1) The DTV vided ancillary or supplementary serv- transmitter location shall be chosen so ices in the 12-month period ending on that, on the basis of the effective radi- the preceding September 30. Licensees ated power and antenna height above and permittees will further report, for average terrain employed, the fol- the applicable period: lowing minimum F(50,90) field strength (A) A brief description of the services in dB above one uV/m will be provided provided; over the entire principal community to (B) Which services were feeable ancil- be served: lary or supplementary services; Channels 2–6 ...... 35 dBu (C) Whether any ancillary or supple- Channels 7–13 ...... 43 dBu mentary services provided were not Channels 14–69 ...... 48 dBu subject to a fee; (D) Gross revenues received from all NOTE TO PARAGRAPH (a)(1): These require- ments above do not become effective until feeable ancillary and supplementary December 31, 2004 for commercial television services provided during the applicable licensees and December 31, 2005 for non- period; and commercial television licensees. Prior to (E) The amount of bitstream used to those dates, the following minimum F(50,90) provide ancillary or supplementary field strength in dB above one uV/m must be services during the applicable period. provided over the entire principal commu- nity to be served: Licensees and permittees will certify under penalty of perjury the accuracy Channels 2–6 ...... 28 dBu Channels 7–13 ...... 36 dBu of the information reported. Failure to Channels 14–69 ...... 41 dBu file regardless of revenues from ancil- lary or supplementary services or pro- (2) The location of the antenna must vision of such services may result in be so chosen that there is not a major appropriate sanctions. obstruction in the path over the prin- (ii) If a commercial or noncommer- cipal community to be served. cial DTV licensee or permittee has pro- (3) For the purposes of this section, vided feeable ancillary or supple- coverage is to be determined in accord- mentary services at any point during a ance with paragraph (b) of this section. 12-month period ending on September Under actual conditions, the true cov- 30, the licensee or permittee must addi- erage may vary from these estimates tionally file the FCC’s standard remit- because the terrain over any specific tance form (Form 159) on the subse- path is expected to be different from quent December 1. Licensees and per- the average terrain on which the field mittees will certify the amount of strength charts were based. Further, gross revenues received from feeable the actual extent of service will usu- ancillary or supplementary services for ally be less than indicated by these es- the applicable 12-month period and will timates due to interference from other remit the payment of the required fee. stations. Because of these factors, the (iii) The Commission reserves the predicted field strength contours give right to audit each licensee’s or per- no assurance of service to any specific mittee’s records which support the cal- percentage of receiver locations within culation of the amount specified on the distances indicated. line 23A of Form 159. Each licensee or (b) Determining coverage. (1) In pre- permittee, therefore, is required to re- dicting the distance to the field

186

VerDate Mar<15>2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\220203.XXX 220203 WReier-Aviles on DSKGBLS3C1PROD with CFR