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Federal Communications Commission 47 CFR Part 73 Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service; Final Rule

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Federal Communications Commission 47 CFR Part 73 Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service; Final Rule Friday, March 21, 2008 Part II Federal Communications Commission 47 CFR Part 73 Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service; Final Rule VerDate Aug<31>2005 18:40 Mar 20, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21MRR2.SGM 21MRR2 jlentini on PROD1PC65 with RULES2 15284 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations FEDERAL COMMUNICATIONS released March 6, 2008. The full text of 2. We received 124 timely filed COMMISSION this document is available for public petitions for reconsideration of the inspection and copying during regular Seventh R&O reflecting 221 requests for 47 CFR Part 73 business hours in the FCC Reference action on individual stations. The vast [MB Docket No. 87–268; FCC 08–72] Center, Federal Communications majority of the petitions request specific Commission, 445 12th Street, SW., CY– changes to the DTV Table and/or Advanced Television Systems and A257, Washington, DC 20554. These Appendix B facilities. The DTV Table Their Impact Upon the Existing documents will also be available via specifies a channel for each eligible full Television Broadcast Service ECFS (http://www.fcc.gov/cgb/ecfs/). power broadcast television station. (Documents will be available Appendix B sets forth specific technical AGENCY: Federal Communications electronically in ASCII, Word 97, and/ facilities—ERP, antenna HAAT, antenna Commission. or Adobe Acrobat.) The complete text radiation pattern, and geographic ACTION: Final rule. may be purchased from the coordinates—at which stations will be Commission’s copy contractor, 445 12th SUMMARY: This document disposes of allowed to operate. Appendix B also Street, SW., Room CY–B402, the petitions for reconsideration filed in includes information on service area Washington, DC 20554. To request this response to the Seventh Report and and population coverage. In the document in accessible formats Order in this digital television (‘‘DTV’’) MO&OR, we address these specific (computer diskettes, large print, audio Table of Allotments proceeding and also requests as well as several more general recording, and Braille), send an e-mail addresses the comments filed in issues raised by some petitioners. In to [email protected] or call the response to the Eighth Further Notice of general, we have accommodated the Commission’s Consumer and Proposed Rule Making in this requests made by petitioners for changes Governmental Affairs Bureau at (202) proceeding. This document finalizes the to the DTV Table and/or Appendix B to 418–0530 (voice), (202) 418–0432 post-transition DTV table and provides the extent possible consistent with the (TTY). all eligible stations with a channel for interference and other standards digital operation after the transition I. Introduction outlined in the Seventh Further Notice from analog to digital television in of Proposed Rule Making (Seventh February 2009. This document makes 1. On August 6, 2007, we adopted a FNPRM), 71 FR 66592, November 15, several changes to the DTV Table in new, and final, Table of Allotments for 2006 and the Seventh R&O in this response to petitions for reconsideration digital television (‘‘DTV’’) providing all proceeding. A large number of the and comments and establishes in eligible stations with channels for DTV petitions requested changes to Appendix B the parameters for post- operations after the DTV transition on Appendix B facilities to permit the transition operation by television February 17, 2009. Seventh Report and station to use an existing analog antenna broadcasters. Order and Eighth Further Notice of when the station returns to its analog Proposed Rule Making (Seventh R&O channel for post-transition digital DATES: Effective March 21, 2008. and Eighth FNPRM), Advanced operations. We addressed and resolved ADDRESSES: You may submit comments, Television Systems and their Impact 30 such requests that were raised during identified by MB Docket No. 87–268, by Upon the Existing Television Broadcast the comment period for the Seventh any of the following methods: Service, 22 FCC Rcd 15581 (2007) R&O. Where possible, we have made the • Federal eRulemaking Portal: http:// (Seventh R&O and Eighth FNPRM). The revisions requested by these petitioners. www.regulations.gov. Follow the final DTV Table accommodates all We note, too, that the flexibility we instructions for submitting comments. eligible broadcasters, reflects to the recently adopted in the Third DTV • Federal Communications extent possible the channel elections Periodic Review Report and Order will Commission’s Web Site: http:// made by broadcasters, and is consistent provide many of the petitioners with the www.fcc.gov/cgb/ecfs/. Follow the with efficient spectrum use. The final opportunity to request and receive the instructions for submitting comments. DTV Table also establishes the channels facilities they sought in this docket • People with Disabilities: Contact the and facilities necessary to complete the when the station files its application for FCC to request reasonable digital transition and ultimately will authorization on its final, post-transition accommodations (accessible format replace the existing DTV Table at the channel. Reliance on the application documents, sign language interpreters, end of the DTV transition. The post- process for modifying facilities is CART, etc.) by e-mail: [email protected] transition DTV Table will be codified at consistent with the requests and or phone: 202–418–0530 or TTY: 202– 47 CFR 73.622(i). The revisions to the preferences of several petitioners, as 418–0432. For detailed instructions for post-transition table made herein are described, infra. We also note that when submitting comments and additional attached hereto in Appendix A. The stations filed their petitions for information on the rulemaking process, current DTV Table, which is contained reconsideration, they were unaware of see the SUPPLEMENTARY INFORMATION in 47 CFR 73.622(b), will become the flexibility we would provide in the section of this document. obsolete at the end of all authorized pre- application process, and many filed to FOR FURTHER INFORMATION CONTACT: For transition DTV operations. The current preserve their rights, while advocating additional information on this NTSC Table, which is contained in 47 for revision through the application proceeding, contact Kim Matthews of CFR 73.606(b), will become obsolete at process rather than by reconsideration. the Media Bureau, Policy Division, (202) the end of the transition, when all full- We also reiterate that requests for 418–2154. power analog operations must cease. revisions to Appendix B in this docket, SUPPLEMENTARY INFORMATION: This is a The existing DTV Table continues to or for modifications in the application summary of the Commission’s govern stations’ DTV operations until process, that are attempts to maximize Memorandum Opinion and Order on the end of the DTV transition. This beyond authorized post-transition Reconsideration of the Seventh Report MO&OR resolves all petitions for facilities will not be granted at this time. and Order and Eighth Report and Order reconsideration and related issues in However, as provided in the Third DTV (‘‘MO&OR’’) in MB Docket No. 87–268, connection with the final DTV Table of Periodic Report and Order, stations will FCC 08–72, adopted March 3, 2008, and Allotments. have the opportunity to request VerDate Aug<31>2005 18:40 Mar 20, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\21MRR2.SGM 21MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 15285 expanded facilities later this year. See mounted antenna, that prevents them return to their analog channel. The 5- Third DTV Periodic Report and Order, from completing construction of their mile waiver policy we adopted in the Section V.E., para. 148. final DTV facilities before turning off Third DTV Periodic Report and Order, 3. In addition, we are adopting an their analog transmission. In addition, in addition to the relief we grant herein, Eighth Report and Order (Eighth R&O) we announced our intent to lift the should provide significant relief to herein addressing a number of revisions freeze on the filing of maximization stations in this situation. In addition, to the DTV Table and/or Appendix B applications on August 17, 2008, the with respect to evaluating interference proposed in the Eighth Further Notice of date by which we expect to have in applications to construct post- Proposed Rule Making (Eighth FNPRM). completed processing stations’ transition facilities, we permitted In the Eighth FNPRM, we sought applications to build their post- stations a limit of 0.5 percent new comment on tentative channel transition facilities. Until this date, we interference in addition to that in the designations (‘‘TCDs’’) for three new will maintain our freeze and, except as DTV Table Appendix B. This approach permittees and identified a number of discussed below, will not accept provides more flexibility than the other proposed revisions to the DTV maximization applications to expand interference standard proposed in the Table and/or Appendix B advanced by facilities. Third DTV Periodic Review NPRM, commenters in either reply comments or 5. We also adopted several policies in which would have permitted a total of late-filed comments to the Seventh the Third DTV Periodic Report and 0.5 percent interference post-transition, FNPRM. In the Eighth R&O,
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