Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21217

intercarrier compensation systems to Federal Communications Commission. and reasonable accommodations ensure that robust, affordable voice and Marlene Dortch, (accessible format documents, sign broadband service, both fixed and Secretary. language interpreters, CART, etc.) may mobile, are available to Americans [FR Doc. 2021–08292 Filed 4–21–21; 8:45 am] be requested by sending an email to throughout the nation. Connect America BILLING CODE 6712–01–P [email protected] or calling the FCC’s Fund et al., Order and Further Notice of Consumer and Governmental Affairs Proposed Rulemaking, FCC 11–161 Bureau at (202) 418–0530 (voice), (202) (USF/ICC Transformation Order) (76 FR FEDERAL COMMUNICATIONS 418–0432 (TTY). 73830 (Nov. 29, 2011) and 76 FR 78384 COMMISSION Synopsis (Dec. 16, 2011)). In the USF/ICC 47 CFR Parts 73 and 74 1. Introduction: In this Report and Transformation Order, the Commission, Order (Order) we adopt a technical among other things, created (1) the [MB Docket No. 20–74 and GN Docket No. modification to the Commission’s rules Connect America Fund (CAF), to help 16–142; FCC 21–21; FR ID 17416] governing the use of a distributed make broadband available to homes, Rules Governing the Use of Distributed transmission system (DTS), or single businesses, and community anchor Transmission System Technologies, frequency network (SFN), by a broadcast institutions in areas that do not, or Authorizing Permissive Use of the television station. Consistent with our would not otherwise, have broadband, ‘‘Next Generation’’ Broadcast goal of addressing technical issues that (2) the Mobility Fund, to ensure the Television Standard may impede the adoption of DTS availability of mobile broadband technology, we conclude that by networks in areas where a private-sector AGENCY: Federal Communications modestly easing limitations on DTS business case, (3) the Remote Areas Commission. transmitters and providing additional Fund (RAF), to ensure that Americans ACTION: Final rule. clarity in our rules, we can help unlock living in the most remote areas in the the potential of DTS at this crucial time nation, where the cost of deploying SUMMARY: In this document, the Federal when many stations are considering traditional terrestrial broadband Communications Commission modifies migrating to the next generation networks is extremely high, can obtain its rules governing the use of distributed broadcast television standard (ATSC transmission system (DTS) technologies 3.0). As the record in this proceeding affordable access through alternative by broadcast television stations by demonstrates, affording broadcasters technology platforms, including satellite permitting, within certain limits, DTS greater flexibility in the placement of and unlicensed wireless services. The signals to spill over beyond a station’s DTS transmitters can allow them to USF/ICC Transformation Order directed authorized service area by more than the enhance signal capabilities and fill that support under CAF Phase II, the ‘‘minimal amount’’ currently allowed. coverage gaps, improve indoor and Mobility Fund, and the RAF be awarded By affording broadcasters greater mobile reception, and increase spectrum by competitive bidding. The flexibility in the placement of DTS efficiency by reducing the need for Commission adopted rules to transmitters, the rule changes allow television translator stations operating implement the reforms it adopted in the broadcasters to enhance their signal on separate channels. USF/ICC Transformation Order, capabilities and fill coverage gaps, 2. Specifically, we update the current including rules in part 1, subpart AA, of improve indoor and mobile reception, restriction that prohibits DTS signals the Commission’s rules governing and increase spectrum efficiency by from spilling over beyond a station’s competitive bidding for universal reducing the need for television authorized service area by more than a service support generally. See 47 CFR translator stations operating on separate ‘‘minimal amount.’’ See 47 CFR 1.21001–1.21004. channels. 73.626(f)(2). As described below, we replace the existing, and imprecise, DATES: Effective May 24, 2021, except On October 27, 2020, the Commission ‘‘minimal amount’’ standard with a for amendatory instructions 3, 4, and 6, adopted a Report and Order in which it, clearer, service-based approach that which are delayed. The Commission among other things, amended its allows broadcasters greater flexibility in will publish a document in the Federal existing part 1, subpart AA, general locating DTS transmitters, so long as, for Register announcing the effective date universal service competitive bidding UHF stations, the 41 dBu F(50,50) those amendments. rules to codify policies and procedures contour for each DTS transmitter does applicable to the universal service FOR FURTHER INFORMATION CONTACT: Ty not exceed the reference station’s 41 auction application process that have Bream, Industry Analysis Division, dBu F(50,50) contour. A 41 dBu been adopted in its recent universal Media Bureau, [email protected], (202) F(50,50) contour refers to a boundary at service auctions, better align provisions 418–0644. which a signal is predicted to exceed 41 in the universal service competitive SUPPLEMENTARY INFORMATION: This is a dBu at 50% of locations 50% of the bidding rules with like provisions in the summary of the Commission’s Report time. We provide corresponding dBu Commission’s spectrum auction rules, and Order (Order) in MB Docket No. values for F(50,50) limiting contours for and make other updates for consistency, 20–74 and GN Docket No. 16–142, FCC Low and High VHF stations of 28 dBu clarification, and other purposes that 21–21, that was adopted January 13, for Low VHF and 36 dBu for High VHF. would apply in all universal service 2021 and released January 19, 2021. The Consistent with our current approach, auctions. See Establishing a 5G Fund for full text of this document is available for DTS transmissions will not be entitled Rural America, Report and Order, FCC public inspection online at https:// to interference protection beyond the docs.fcc.gov/public/attachments/FCC- station’s authorized service area. Our 20–150 (5G Fund Report and Order). 21-21A1.pdf. Documents will be decision to replace the current, The amended part 1, subpart AA, rules available electronically in ASCII, subjective spillover standard with a adopted in the 5G Fund Report and Microsoft Word, and/or Adobe Acrobat. bright-line rule that both expands and Order apply to applicants seeking to Alternative formats are available for clarifies the permissible range of participate in future Commission people with disabilities (braille, large spillover will not only promote DTS use auctions for universal service support. print, electronic files, audio format, etc.) by facilitating more efficient and more

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 21218 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

economical siting of DTS transmitters, transmission sites located within a area or the reference station’s authorized but it also will establish a clearly station’s service area, each using the service area, except where an extension defined limit that will promote same RF channel and synchronized to of coverage beyond the station’s regulatory certainty. manage self-interference. Because it authorized service area is of a ‘‘minimal 3. We find that the approach we adopt operates on only one frequency, DTS amount’’ and necessary to ensure that in this document improves upon the offers an alternative to traditional full the combined coverage from all of its proposed rule set forth in the power television transmission, which DTS transmitters covers all of the underlying notice of proposed may use secondary translators that station’s authorized service area. In rulemaking (NPRM). See 85 FR 28586 operate on additional frequencies. adopting this ‘‘Comparable Area (May 13, 2020). In that NPRM, we 5. Current DTS Rules. The Approach,’’ the Commission rejected sought comment on a proposed Commission first recognized the proposals for an ‘‘Expanded Area modification submitted in a joint potential uses and benefits of DTS Approach,’’ which would have petition for rulemaking (Petition) by technologies more than a decade ago permitted DTS stations to expand America’s Public Television Stations when the transition from analog to coverage beyond their single-transmitter (APTS) and the National Association of digital television (DTV) brought with it service areas (e.g., to cover a larger area, Broadcasters (NAB) (collectively, the ability to transmit multiple up to an entire DMA). One of the Petitioners). As explained below, our television signals on the same channel Commission’s concerns was that adopted approach will allow without causing harmful interference, permitting broadcasters to reach viewers broadcasters to improve coverage in thus making DTS feasible for television beyond their authorized service areas their service areas, without causing for the first time. In 2008, the could undermine the Commission’s more spillover than necessary to Commission stated that DTS could localism goals by distracting them from promote DTS deployment. In addition, allow stations to reach more viewers in the primary responsibility of providing we remove the requirement that Class A, their coverage areas, to distribute more programming responsive to the needs LPTV, and television translator stations uniform and higher-level signals near and interests of their community of must apply for DTS facilities on an the edges of their coverage areas, to license. experimental basis, and we add a improve indoor reception and reception 7. In authorizing DTS operations, the contour-based limit on DTS spillover by on mobile devices, to overcome tower Commission afforded primary such stations that is similar to what we height and placement restrictions, to regulatory status to DTS transmitters of adopt in this document for full power increase their spectrum efficiency by a full power station within the area the stations, but modified slightly to using the same channel for all full power station is authorized to serve. account for technical differences operations, to enhance their ability to The current rules therefore protect such between low power and full power compete with multichannel video DTS transmitters, within their services. Specifically, because low programming distributors, and to reach authorized service areas, from power stations do not have antenna viewers that lost service as a result of interference from secondary licensees, height limits, we cannot easily replicate the digital transition. In anticipation of such as low power television (LPTV) a Table of Distances, which is calculated these benefits, the Commission adopted and television translator stations, and using a station’s hypothetically rules permitting full power DTV stations from unlicensed operations in television maximized antenna height, for low to transmit using multiple, lower power white spaces. The Commission also power stations. Instead, similar to full DTS transmitter sites operating on the approved the use of DTS on an power stations, we subject Class A, same frequency. experimental basis by a single-license LPTV, and television translator stations 6. In crafting these rules, the digital Class A, LPTV, and television using DTS to the limitation that: (1) Commission defined a DTS station’s translator station to provide service Each DTS transmitter must be located maximum authorized service area to be within its authorized service area, i.e., within the station’s authorized F(50,90) an area comparable to that which the operating a reference facility and one or contour, and (2) the F(50,50) contour for DTV station could be authorized to more transmitters using a single Class A each DTS transmitter must be fully serve with a single transmitter. To or LPTV license in the manner contained within the station’s F(50,50) determine the boundaries of a DTS permitted for full power television contour (as opposed to an authorized station’s maximum service area under stations. service area drawn according to a Table this ‘‘Comparable Area Approach,’’ the 8. Next Gen TV (ATSC 3.0). In of Distances). Commission established a ‘‘Table of November 2017, the Commission 4. Background: Traditionally, a Distances,’’ which it derived from the authorized broadcast television stations broadcast television station transmits its hypothetical maximum service area that to use the ATSC 3.0 transmission signal from a single elevated a DTV station would be allowed to standard on a voluntary, market-driven transmission site central to the service apply for under the Commission’s rules basis while they continued to deliver area, resulting in a stronger signal (i.e., using the maximum antenna height current-generation DTV broadcast available near the transmitter and a and power permitted for the station’s service to their viewers using the ATSC weaker signal as the distance from the single-transmitter site). The maximum 1.0 standard. The Commission transmitter increases. Non-uniform service area defined by the Table of concluded that the existing rules terrain or morphological features also Distances is centered around the authorizing DTS stations generally were can weaken signals, regardless of station’s reference facility. Among other adequate to authorize the operation of distance from the transmitter. One way things, the Commission’s rules require an ATSC 3.0 SFN and that the record for a station to augment its signal that each DTS transmitter must be did not support changes to the strength is to provide fill-in service located within either the reference authorized service areas for DTS using one or more separately licensed station’s Table of Distances area or the stations at that time. The Commission secondary transmission sites that reference station’s authorized service further stated that it would monitor the operate on a different radiofrequency area. In addition, each DTS transmitter’s deployment of ATSC 3.0 in the (RF) channel than the main facility, i.e., noise-limited service contour (NLSC) marketplace and consider changes to the a television translator. By contrast, a must be contained within either the DTS rules in the future, if appropriate. DTS network employs two or more reference station’s Table of Distances The Commission also noted that a

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21219

station interested in pursuing a change additional flexibility and greater proposal. The bright-line approach we to its DTS service area may file for a certainty in the placement of DTS adopt remedies that technical omission waiver of the DTS rules pursuant to the transmitters by increasing the amount and provides broadcasters ample leeway Commission’s general waiver standard. by which DTS transmissions are to improve coverage and locate 9. Petition for Rulemaking. Petitioners permitted to spill over beyond a transmitters, with less interference risk contend that the ability of ATSC 3.0 station’s authorized service contour. to other spectrum users. Further, we broadcasters to use DTS is limited by Although its permitted area for DTS expect that the additional flexibility the the restriction that DTS signals may spillover will increase, a station’s area new rule offers will make the use of spill over by only a ‘‘minimal amount’’ of interference protection will not DTS more practical as part of ATSC 3.0 beyond a station’s authorized service expand under our rule change. deployments and thereby facilitate the area. In their Petition, filed October 3, Specifically, such spillover will be realization of many anticipated 2019, they ask the Commission to subject to a bright-line limitation that, consumer benefits that are possible with amend § 73.626 of the Commission’s for UHF stations, the 41 dBu F(50,50) ATSC 3.0, such as improved audio and rules to permit television stations more contour for each DTS transmitter must video quality, mobile viewing flexibility in the placement of their DTS remain fully within the 41 dBu F(50,50) capabilities, geo-targeting of emergency transmitters, particularly near the edges contour for the overall reference facility alerts, and advanced data services of a station’s coverage area. Petitioners (for Low VHF and High VHF stations, supported by broadband connectivity. do not seek the placement of DTS the corresponding dBu values will be 28 Indeed, easing the DTS spillover transmitters beyond a station’s dBu and 36 dBu, respectively). Under restriction will help both ATSC 1.0 and authorized service area. Rather, they our revised rule, the 28 dBu F(50,50) ATSC 3.0 broadcasters deliver improved propose that what they refer to as the contour of each DTS transmitter for a services, including ancillary and DTS transmitter’s ‘‘interference Low VHF station must remain fully supplementary services like Broadcast contour,’’ which would not be permitted within the 28 dBu F(50,50) contour for internet, to more of their viewers. to exceed that of the reference facility, the overall reference facility, and the 36 14. Timely Action Required. Although would determine how close a DTS dBu F(50,50) contour of each DTS the Commission’s current rules permit transmitter could be placed to the edge transmitter for a High VHF station must both ATSC 1.0 and ATSC 3.0 of a station’s authorized service area. On remain fully within the 36 dBu F(50,50) broadcasters to deploy DTS, to date few October 11, 2019, the Media Bureau contour for the overall reference facility. broadcast stations have opted to employ issued a public notice seeking comment In addition, for each band in the Table this technology, despite the potential on the Petition. of Distances, we calculate a smaller benefits to such operations. In 10. NPRM. The Commission’s interfering field strength that, when it is petitioning for a rule change, Petitioners subsequent NPRM, released April 1, combined with the assumed reference contend that revising the permitted DTS 2020, and published May 13, 2020, interfering signal using the root-sum- spillover allowance at this stage of sought public comment on the proposed square (RSS) methodology, would not ATSC 3.0 deployment would be an rule changes advocated by Petitioners increase the interference potential of the effective means of encouraging DTS use and on the various arguments that DTS network as compared to the because DTS can be used more commenters raised in response to the interference predicted by a single- efficiently and economically with the Public Notice. The NPRM sought transmitter station located at the ATSC 3.0 standard than is possible with comment on whether any change to the reference point. ATSC 1.0. We are persuaded that the DTS rules is necessary or appropriate at 12. We conclude that allowing full time is right to take action, and that a this time, or whether relaxing the power television stations this greater revised rule will promote DTS use and current spillover restriction would be flexibility in locating DTS transmitters foster the accrual of the long-recognized premature given the lack of DTS and affording greater clarity as to the benefits of such operation. First, the deployment to date. The Commission amount of spillover permitted will DTS rules apply equally to ATSC 1.0 asked whether it should permit more promote regulatory certainty and serve and ATSC 3.0 broadcasters, and so than a ‘‘minimal amount’’ of DTS the public interest. In particular, ATSC 1.0 broadcasters also will benefit spillover beyond a station’s authorized relaxing and clarifying the amount of from our revised approach. Our current service area, how to treat DTS signals DTS spillover permitted at the fringe of DTS rules apply to both ATSC 1.0 and beyond a station’s current service areas a full power station’s authorized service ATSC 3.0 and we see no reason not to if such spillover is allowed, and contour will improve the station’s maintain that parity. Accordingly, we whether any rule changes adopted in ability to provide a stronger and more apply our rule changes, and their this proceeding for full power stations uniform signal to viewers located at the associated benefits, to both ATSC 1.0 should be applied also to Class A and/ edges of its service area and in places and ATSC 3.0. Second, the deployment or LPTV stations. The NPRM also where terrain hampers coverage. We of ATSC 3.0 infrastructure is well under sought comment on the potential impact believe that the Commission’s current way and immediate action will of the proposed rule changes on the imprecise spillover restriction could encourage ATSC 3.0 broadcasters still in Commission’s policy goal of promoting inhibit DTS deployment. We expect that their planning stages to consider using localism and its other policy reasons for the approach we adopt will provide DTS as a means to serve their hard-to- limiting DTS spillover. In addition, the substantial flexibility and certainty to reach viewers or to enhance service in Commission asked how other spectrum licensees, which were principal their coverage areas. users, including LPTV and translator objectives of the NPRM proposal, 15. Update of Rule. The rule change stations, wireless microphones, and without causing more risk of disruption proposed in the NPRM would have white space devices, could be affected to other spectrum users than necessary substantially expanded the amount of by such rule changes and whether there to achieve these goals. DTS spillover permitted outside the are steps it could and should take to 13. As discussed below, the initial boundaries of a station’s authorized mitigate such impacts. proposal in the NPRM failed to account service area. Specifically, the proposed 11. Discussion: DTS Spillover for the additive effect of multiple DTS change would have permitted spillover Contour. We update our DTS rules to transmissions and thus underestimated to the extent necessary either to give television station licensees the potential interference impact of the ‘‘achieve a practical design’’ or, as

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 21220 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

articulated in the current rule, to ensure original purposes of our DTS rules, values for limiting contours for Low and that combined coverage from all of the while at the same time offering High VHF stations. DTS transmitters covers all of the broadcasters more clarity and certainty 20. Consistent with the Table of applicant’s authorized service area. than the ‘‘necessary to achieve a Distances used in our current rule, our Instead of the current rule’s ‘‘minimal practical design’’ standard and also revised Table of Distances includes amount’’ limitation, the extent of reducing the risk of disruption to other separate, corresponding dBu values for spillover permitted would have been spectrum users. Low VHF and High VHF stations, which subject to the limitation that (for UHF 18. Our revised rule replaces the are 28 dBu and 36 dBu, respectively. stations) the DTS transmitter’s 36 dBu ‘‘minimal amount’’ test in § 73.626(f)(2) These changes will afford stations F(50, 10) ‘‘interference’’ contour not with an approach that utilizes a contour greater ability to site DTS transmitters exceed the reference facility’s 36 dBu based on the service field threshold. To near the edges of their authorized F(50, 10) contour. the extent there are existing DTS service contours and will provide a 16. We find that the technical analysis networks operating with Commission clear, bright-line standard for Petitioners submitted in support of the approval under the ‘‘minimal amount’’ determining the permissible level of initial proposal substantially standard today that would not be spillover beyond an authorized service underestimates the interference entirely compliant with our modified contour. Siting DTS transmitters near potential of DTS networks. In short, the spillover limits, such DTS networks the edges of their service areas will interference protection under the may continue to operate pursuant to allow stations to reach more viewers in proposal is designed around a single their current authorization. However, areas they are authorized to serve and to transmitter and does not account for the pending applications will be granted distribute more uniform and higher- additive effects of signals from multiple only if they comply with our revised level signals throughout those areas, the DTS transmitter sites. These additive rule. latter of which is prerequisite to the effects would create interference risk provision of certain advanced services 19. Specifically, we will permit from a UHF station beyond its 36 dBu under ATSC 3.0. With increased television stations additional flexibility F(50, 10) contour. Given this situation, flexibility in the siting of DTS to deploy DTS transmitters so long as we find that the proposal cannot be transmitters, we also anticipate that, in the transmitters continue to be sited adopted without changes. Specifically, many instances, stations using DTS will within the station’s authorized service Petitioners’ proposal purports to be be able to cover a comparable area with contour and, for UHF stations, the 41 calibrated in such a way as to maintain fewer DTS transmitters than would be the nominal desired-to-undesired ratio dBu F(50,50) contour for each necessary under the current rule, necessary to avoid interference to Class individual DTS transmitter is fully thereby making DTS deployments more A and LPTV stations. If, however, we do contained within the reference station’s practical and cost effective. not account for the additive effects of 41 dBu F(50,50) contour. A 41 dBu 21. We also clarify that the largest signals from multiple DTS transmitter F(50,50) contour refers to a boundary at station alternative, an alternative to the sites, this premise is no longer valid, which a signal is predicted to exceed 41 Table of Distances by which stations and the potential for interference at a dBu at 50% of locations 50% of the may seek to use DTS to match the given distance would be greater than time. Under the current rule, DTS geographic coverage of the largest what is suggested by Petitioners. transmitter service contours are not station in their market, remains Therefore, we adopt a modified permitted to exceed the 41 dBu F(50,90) unchanged and available to stations approach that achieves the principal contour of the reference facility except looking to employ DTS as part of an objectives articulated in the record— by a minimal amount to enable coverage ATSC 3.0 deployment. Our action in which include providing broadcasters within the authorized service area. this document does not alter the ability with additional flexibility to serve hard- Because, by definition, a 41 dBu of stations to make use of this to-reach viewers and bringing the F(50,90) contour requires the predicted alternative. We further clarify that, in benefits of DTS and ATSC 3.0 to signal strength to be exceeded 90% of determining the geographic area to be additional consumers—while resulting the time, it encompasses an area where matched, DTS spillover is not counted in less spillover than the initial a stronger signal could be expected to be in calculating the coverage of the largest proposal. Thus, as compared to the received, i.e., an area smaller than that station in a market. NPRM proposal, the rule change we encompassed by a 41 dBu F(50,50) 22. The F(50,50) curves are one of two adopt in this document poses less of an contour. Additionally, the distance from sets of curves within part 73 of our interference risk to licensed and the 41 dBu F(50,90) contour to the 41 rules—the other being the F(50,10) unlicensed operations in areas beyond a dBu F(50,50) contour is directly related curves. See 47 CFR 73.699. In turn, the full power station’s authorized service to the radius of the F(50,90) contour, F(50,90) curve values are derived from contour. such that a lower power/lower antenna a calculation comparing the values from 17. We conclude that more time is not transmitter will have a smaller the F(50,50) and F(50,10) charts. needed to assess the impact of the rules difference between the two. That effect Historically, the F(50,50) curves were adopted in this Order. There is a robust makes it clear that a DTS node at a used for predicting service area for record on the issues of whether and how certain ERP and HAAT may be located analog television stations. Currently, the increased DTS flexibility, including at the edge of a station’s authorized F(50,10) curves are used for predicting Petitioners’ proposal, would risk service area. By replacing the current 41 interfering signals, and the F(50,90) disruption to other spectrum users and dBu F(50,90) limiting contour with a 41 curves are used to represent digital whether Petitioners’ ‘‘necessary to dBu F(50,50) limiting contour, we give television service areas within which achieve a practical design’’ standard is broadcasters a certain room for spillover most people can expect to view a signal impractical. Our decision here responds from DTS transmitters and thereby nearly all of the time. While the F(50,50) to the concerns expressed in the record enable the placement of transmitters in curves are not presently used in the by adopting an alternative approach that locations that were not practical context of digital television service, we achieves the goal advanced in the previously, particularly locations closer find that it is useful and appropriate to NPRM of providing flexibility in DTS to the edge of a station’s authorized employ them in this instance in deployments and is consistent with the service area. We also provide dBu determining the limits on spillover by

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21221

DTS transmitters beyond a station’s by a single-transmitter station located at we adopt accounts for the additive authorized service contour. The F(50,50) the reference point. To illustrate, in the effects of multiple DTS transmitters and curves, in combination with the signal UHF band with a reference interference so produces more accurate, realistic level thresholds in 47 CFR 73.622(e), of 36 dBu, an additional signal of 26.6 results. Second, our new rule will can be considered as representative of dBu would RSS combine to an produce the clarity and certainty in the an area in which most of the people equivalent of 36.47 dBu, which rounds engineering review process that some could view a DTV signal a substantial back down to 36 dBu. Accordingly, the commenters suggest is lacking under the amount of the time. Accordingly, we approach we adopt in this document ‘‘minimal amount’’ standard of the find that it makes sense to limit requires that the 26.6 dBu F(50,10) current rule. It focuses on measurable, spillover service to this area, an area contour of each DTS node for a UHF repeatable results that licensees and that likely already experiences some station be contained completely within their consulting engineers can use to level of reception from the existing non- the reference 36 dBu F(50,10) distance. determine compliance in advance of DTS facility and thus may already have We also provide corresponding values application to the Commission. By viewership of the station. Regarding the for Low VHF and High VHF stations. In replacing the ‘‘minimal amount’’ protection of any improved signal and addition, the F(50,10) node-interfering exception with a bright-line rule, our potential interference caused as result of contour of any DTS transmitter, aside revised rule provides more regulatory this permitted spillover, we emphasize from one located at the reference point, certainty regarding the boundary of a that neither the definition of the DTS may not extend beyond the F(50,10) station’s spillover area. The requirement protected area in 47 CFR 73.626(e), nor reference-interfering contour of its that all DTS transmissions stay within a the interference analysis for DTS reference facility, and the F(50,10) defined contour will enable better facilities (pursuant to 47 CFR reference-interfering contour of a facility planning not only among broadcasters 73.626(f)(5), 47 CFR 73.623(c)(3), and at the reference point may not extend implementing DTS, but also among all OET Bulletin No. 69) will change. beyond the F(50,10) reference- other licensed and unlicensed spectrum 23. We therefore update the Table of interfering contour of its reference users operating in or interested in Distances in 47 CFR 73.626(c) with an facility. operating in spillover areas. Third, our additional set of reference distances 26. Benefits of Modified Approach. approach does not include the nebulous calculated using the 41 dBu F(50,50) The modified approach we adopt has standard contemplated in connection contours. In addition, we delegate to the several policy advantages over with the initial proposal, which would Media Bureau the authority to update Petitioners’ submission. First, our have allowed spillover where necessary the relevant FCC forms for full power approach is based on service contours to achieve a practical design. Our stations, including Schedules A and B instead of interference contours, which approach avoids the possibility that of FCC Form 2100, to conform with the typically are used in spacing broadcast such a provision would require rule changes we adopt. radio stations and no longer are used in Commission staff to make burdensome 24. For purposes of compliance, the television. Therefore, we find that our and subjective assessments about the Commission uses the RSS method of service-based approach—focusing on design practicability of a station’s DTS calculating interference from multiple the provision of service to those viewers network, which could be impossible DTS transmitters, rather than adding up a station is already authorized to serve— without access to sensitive cost and the aggregate interference from each is more consistent with the intent financial information. Rather, our individual DTS transmitter, commonly underlying 47 CFR 73.626(f)(2) that approach is based on an objective referred to as a ‘‘direct summation’’ spillover allowances meet the standard that will promote consistency approach. This means that the requirement in 47 CFR 73.626(f)(1) to and efficiency. Moreover, it is no more combined field strength level at a given cover the entire reference service area. complex from an engineering standpoint location is equal to the square root of Second, as mentioned previously, it than the initial proposal advocated by the sum of the squared field strengths achieves our goal of improving stations’ Petitioners, and thus it imposes no from each transmitter in the DTS ability to fill coverage gaps and to higher burden on licensees to perform network at that location. We believe deliver a strong and uniform signal the required analysis than initially RSS continues to be an appropriate throughout their authorized service anticipated. We direct the Media Bureau method to aggregate interference areas, thereby supporting the provision and the Office of Engineering and because we need some method that of advanced services under ATSC 3.0. accounts for the multiple sources of Third, the risk of disruption to other Technology to update TVStudy, the interference, including to ATSC 1.0 existing and future spectrum users is Commission’s software program used to ‘‘victim’’ receivers, which perceive the lower than it would have been under evaluate television applications, in signals as multiple sources of white the NPRM proposal. In particular, our order to support the engineering noise. approach allows nearly the same signal analysis required under our revised 25. These reference distances will levels for DTS nodes located within the approach. establish the limit of permissible core of a station’s authorized service 28. Localism. Furthermore, we find spillover, and § 73.626(f)(2) will be area as the NPRM proposal, but it that the rule we adopt is consistent with modified to state that the 41 dBu reduces the allowable signals for nodes the service-based approach previously F(50,50) service contour for each located at the extreme edge of the adopted by the Commission, which the individual DTS transmitter must be service area, and hence the potential Commission found was adequate to contained fully within that reference spillover resulting from such nodes. preserve and protect localism. As noted distance. In addition, for each band in This reduced interference risk is above, the Commission determined that the Table of Distances, we calculate a accomplished while also offering a a DTS station’s maximum authorized smaller interfering field strength that, substantial increase in flexibility and service area should be comparable to when its RSS is combined with the certainty for broadcasters to implement that which the DTV station could be assumed reference interfering signal, DTS networks. authorized to serve with a single does not increase the interference 27. In addition, our approach has transmitter (the Comparable Area potential of the DTS network as practical benefits. First, unlike the Approach). A principal reason the compared to the interference predicted initial proposal, the modified approach Commission chose that approach was to

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 21222 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

preserve and protect localism, on the interference study consistent with station’s authorized service area theory that permitting broadcasters to Petitioners’ proposal. This difficulty requires us to make an affirmative reach viewers beyond their authorized reinforces our decision to take a more statement that DTS receivers are not service areas could distract them from measured course of action at this time, protected from harmful interference the primary responsibility of providing one that will provide additional beyond the DTV station/DTS reference programming responsive to the needs flexibility and certainty in the point’s service area defined by its 41 and interests of their community of placement of DTS transmitters without dBu F(50,90) contour. However, we license. We find that our adopted posing the same risk of interference to direct the Media Bureau and the Office approach also will preserve and protect LPTV stations that would have resulted of Engineering and Technology to work localism. We believe that it strikes an under the initial proposal. with relevant stakeholders to ensure appropriate balance that enables a 31. Moreover, although the collective that DTS operations and the TVWS station to improve service at the edges impact of our revised rule on other database, respectively, are being of its service area, without allowing it to spectrum users depends significantly on implemented consistent with all expand coverage to the point where it the number of stations that deploy DTS applicable FCC rules and decisions. might shift attention away from its transmitters, the number, location, and 33. In addition, we decline to provide community of license. Nevertheless, we relative power of those transmitters, and additional protection to noncommercial can revisit this issue in the future if a host of other issues, the rule we adopt and educational (NCE) FM stations by evidence suggests that our revised DTS permits less spillover than the initial requiring full service emission mask rules are not protecting localism proposal. We are confident therefore filters in the construction and operation adequately. that the interference impact will be far of DTS facilities for DTV Channel 6 29. In addition, we find that our less than it would have been with the stations, like those required for DTV modified proposal, which limits initial proposal, and we expect that our channels 14 and 17. To the extent there spillover, addresses any concern that revised rule, given the contour it is a concern about the potential for the NPRM proposal would have allowed applies, is a reasonable approach that interference between NCE FM stations broadcasters to send their signals well will not have a significant impact on and newly permitted spillover outside a beyond their licensed areas, thereby authorized secondary licensees or DTV Channel 6 station’s authorized serving additional communities without unduly limit entry of new secondary service area, the rule we adopt allows competing in a Commission auction for licensees. Likewise, we do not for less spillover than the initial that right. Our approach does not raise anticipate a significant impact on the proposal, which should reduce the serious concerns about whether availability of spectrum for white space chances of such interference events broadcasters using DTS should bid for operations or other unlicensed uses, occurring. the modest spillover spectrum our such as wireless microphones. 34. Other Issues. We conclude that no approach would permit them to 32. We decline to use this proceeding rule changes other than the ones occupy—without interference to take up the issue of, or to alter, the specified herein are currently necessary protection—outside their authorized current regulatory status (i.e., to implement our revised approach. For service areas. interference rights and obligations) of example, we note that the rule we adopt 30. Impact on Other Spectrum Users. DTS stations or of any other existing or does not, in and of itself, do anything to While we adopt the approach set forth future users of broadcast spectrum. change a station’s carriage rights. above to provide additional flexibility Notably, the NPRM did not propose to Following our rule change, stations will and certainty to broadcasters deploying afford interference protection to DTS continue to enjoy all the rights they DTS networks, we anticipate that our signals in the spillover area, and we see have, or could pursue, today by approach has the added benefit of no reason to grant any. The approach we increasing coverage through the use of reducing potential disruption to other adopt in this document is consistent a single-transmitter facility. Because full spectrum users as compared to with the intent of our DTS rules that any power stations have market-wide Petitioners’ proposal. In the NPRM, the spillover should be incidental to, and in carriage rights, their expansion of Commission sought comment on the service of, improving coverage within a coverage within their DMAs should not potential impact of the initial proposal station’s authorized service area, rather raise market modification issues. on Class A stations, LPTV stations, than intended to extend service to Moreover, there are several, television translators, licensed and communities outside that area. We nonexclusive statutory factors the unlicensed wireless microphone users, therefore decline to provide interference Commission considers in deciding NPR FM stations, and white space protection to DTS signals in areas whether to grant or deny such market devices. Petitioners concede that, under beyond the authorized service area. modification requests, of which the the initial proposal, spillover signals Thus, our interference protections, and scope of a station’s signal is but one. likely would cause disruption to other the existing relative status of primary, 35. Beyond the primary issue of spectrum users. Although initially secondary, and unlicensed users in the revising the spillover rule to facilitate claiming that interference to LPTV television spectrum, remain unchanged. the siting of DTS transmitters, the stations would occur in only a handful DTS signals will continue to receive no NPRM also sought comment on issues of cases, Petitioners subsequently interference protection in spillover related to the implementation of revised estimated that 330, or 13.8%, of the areas; nor are stations obligated to DTS rules. For example, the 2,392 existing LPTV stations likely protect secondary and unlicensed users Commission asked whether it should would receive interference above a 2% from interference in the spillover area. revise its licensing process for DTS sites threshold and that 5.3% to 11% of the Accordingly, the rule change we adopt shared by multiple licensees, change 3,135 existing translators likely would does not modify or enlarge the area any of its forms or licensing systems, be affected under their proposal. Other within which a DTV station is protected impose additional power restrictions on estimates, however, deviated from interference. In addition, we do DTS transmitters, include a certification substantially from Petitioners’ results. not believe that the fact that the requirement on DTS applications, or The wide variability in these Television White Spaces (TVWS) adjust its technical requirements. Given predictions reveals the difficulty in database already protects DTS that we are making only modest, establishing a reliable basis for an transmissions that spill over beyond a targeted modifications to the DTS rules

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21223

in this document, we decline to make streamlined licensing process as we give not have antenna height limitations, general changes to our implementation full power stations. making it difficult to readily establish a of the DTS rules. We further find we can 38. We note that the rules already Table of Distances for them. In addition, evaluate better the need for any changes allow licensees of multiple digital Class the concept of the largest station in the after we see what kinds of networks A, LPTV, and/or television translator market, which affords full power broadcasters deploy in light of our stations to operate on a non- stations an additional metric by which action and whether and how our experimental basis through they can establish authorized service, processes could be improved to support interconnected single frequency DTS does not apply to low power stations. that deployment. Thus, as we gain networks, i.e., to operate a network of Accordingly, the Table of Distances and experience with this new rule, we will stations co-channel using their multiple the largest station in the market adjust our processes as necessary. licenses. In 2008, the Commission constructs discussed above for full 36. Finally, we do not require approved the use of DTS technologies power DTS operations do not apply to broadcasters switching to and using on an experimental basis by a single low these stations. Rather, we require that DTS to take any specific action with power station to provide service within the DTS facilities of low power stations respect to their television translators. its authorized service area, finding that be contained within the station’s One of the benefits of DTS is the more there was not an adequate record at that authorized F(50,90) and F(50,50) efficient use of spectrum that can be time to resolve the technical issues for contours as follows. First, DTS achieved by using DTS transmitters LPTV stations as they differ from full transmitters must be located within the instead of television translators because power television stations. The authorized F(50,90) contour for the DTS transmitters broadcast on the same Commission further concluded at that station. Second, the F(50,50) contour of channel as the main transmitter. We time that there was insufficient interest each DTS must be contained within the will not require a full power broadcaster in DTS among individual low power station’s F(50,50) contour. As discussed adding DTS facilities to relinquish its stations; that LPTV stations serve above, the F(50,50) curve can be translator channel, if it has one, to an smaller geographic areas than full power considered as representative of an area LPTV station affected by DTS stations, making the likelihood of in which most of the people could view interference and to reimburse the LPTV needing DTS to provide service a DTV signal a substantial amount of the station for the costs of moving to the relatively low; and that Class A and time. Accordingly, we find that it makes relinquished channel or another LPTV stations, which were not subject sense to limit spillover service to this to the 2009 DTV transition, did not have channel. We find such a requirement area, an area that likely already the same urgent need for DTS to provide would be heavy-handed and experiences some level of reception post-transition service. The Commission unwarranted at this time, particularly from the existing non-DTS facility and indicated that it would revisit its given the uncertainty regarding the thus may already have viewership of the decision if circumstances changed. extent to which broadcasters will make station. In this way, we define the 39. On balance and based on the permissible spillover for the low power use of DTS as a replacement for record before us, we find that changes television translators. service and afford LPTV stations greater in the marketplace following the DTV flexibility to more easily deploy DTS 37. Use of DTS by Low Power transition, including the evolution of facilities. Stations: In addition to affording full the ATSC 3.0 transmission standard, 41. We note that shifting from power television stations greater have made the use of DTS more authorizing LPTV DTS facilities on a flexibility and certainty in siting DTS attractive for low power stations today, case-by-case, experimental basis to transmitters, we also ease the way for despite their smaller service areas. licensing under a codified rule Class A, LPTV, and television translator There is now sufficient indication of a applicable to all low power stations will stations (low power stations) to pursue demonstrated interest in DTS among require a modification of a number of DTS operations. We eliminate the Class A and LPTV stations and evidence processes, including FCC forms, the requirement that these stations must that the ability to provide DTS service Licensing and Management System apply for DTS facilities on an would improve their service. We find (LMS), and engineering review experimental basis prior to operation. that deployment of DTS by low power applicable to low power stations. Rather, in order to allow low power stations offers potential benefits to Accordingly, we direct the Media stations to pursue DTS operations in a consumers, including by facilitating the Bureau and the Office of Engineering manner similar to full power stations, deployment of ATSC 3.0 services. In and Technology to take the practical we adopt a rule with a contour-based light of these changed circumstances, steps necessary to implement the rule limit defining acceptable DTS spillover, we eliminate the requirement that low change we adopt in this document, taking into account the technical power stations must apply for DTS including the modification of applicable differences between full power and low facilities on an experimental basis and forms (including Schedules C, D, E, and power services. Specifically, as allow these stations to employ DTS F of FCC Form 2100) and the revision discussed below, we will permit low facilities provided that such facilities of TVStudy. In the interim, we will power stations to employ DTS facilities comply with the contour-based limit continue to process DTS requests for so long as such facilities meet the defining acceptable DTS spillover we LPTV and Class A stations on a case-by- following conditions: First, DTS adopt herein. case basis, filed as a request for Special transmitters must be located within the 40. In crafting an approach for low Temporary Authority (STA), using the authorized F(50,90) contour for the power stations, we note that there are guidelines we establish in this station, and second, the F(50,50) some important differences between full document. We decline to consider an contour of each DTS must be contained power and low power stations that we approval process for DTS transmitters within the station’s F(50,50) contour must take into account. Most notably, for LPTVs that would require either no based on currently authorized technical the LPTV services do not rely currently application or a blanket application for parameters (as opposed to an authorized on the Table of Distances, either with lower power LPTV DTS transmitters. service area drawn according to a Table respect to service area distance or 42. Final Regulatory Flexibility of Distances). In so doing, we give low interference contour distance. In part, Analysis. As required by the Regulatory power stations the same flexibility of a this is because low power stations do Flexibility Act of 1980, as amended

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 21224 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

(RFA), see 5 U.S.C. 604, the Commission broadcast television station. provide a detailed statement of any has prepared a Final Regulatory Specifically, the Order replaces the change made to the proposed rules as a Flexibility Analysis (FRFA) relating to current restriction that prohibits DTS result of those comments. 5 U.S.C. this Order. signals from spilling over beyond a 604(a)(3). The Chief Counsel did not file 43. Paperwork Reduction Analysis. station’s authorized service area by any comments in response to the This document contains modified more than a ‘‘minimal amount,’’ see 47 proposed rules in this proceeding. information collection requirements CFR 73.626(f)(2), with a clearer, service- 51. Description and Estimate of the subject to the Paperwork Reduction Act based approach that allows broadcasters Number of Small Entities to Which the of 1995 (PRA), Public Law 104–13. It greater flexibility in locating DTS Rules Apply. The RFA directs agencies will be submitted to the Office of transmitters, so long as, for UHF to provide a description of and, where Management and Budget (OMB) for stations, the 41 dBu F(50,50) contour for feasible, an estimate of the number of review under section 3507(d) of the each DTS transmitter does not exceed small entities that may be affected by PRA. OMB, the general public, and the reference station’s 41 dBu F(50,50) the proposed rules, if adopted. 5 U.S.C. other Federal agencies will be invited to contour. A 41 dBu F(50,50) contour 603(b)(3). The RFA generally defines the comment on the new or modified refers to a boundary at which a signal term ‘‘small entity’’ as having the same information collection requirements is predicted to exceed 41 dBu at 50% of meaning as the terms ‘‘small business,’’ contained in this proceeding. In locations 50% of the time. We provide ‘‘small organization,’’ and ‘‘small addition, we note that pursuant to the corresponding dBu values for F(50,50) governmental jurisdiction.’’ 5 U.S.C. Small Business Paperwork Relief Act of limiting contours for Low and High VHF 601(6). In addition, the term ‘‘small 2002, Public Law 107–198, see 44 U.S.C. stations in the revised Table of business’’ has the same meaning as the 3506(c)(4), we previously sought Distances. Those values are 28 dBu for term ‘‘small business concern’’ under specific comment on how the Low VHF and 36 dBu for High VHF. the Small Business Act. 5 U.S.C. 601(3) Commission might further reduce the Consistent with the current approach, (incorporating by reference the information collection burden for small DTS transmissions will not be entitled definition of ‘‘small business concern’’ business concerns with fewer than 25 to interference protection beyond a in 15 U.S.C. 632). Pursuant to 5 U.S.C. employees. station’s authorized service area. The 601(3), the statutory definition of a 44. In this present document, we have decision to replace the current, small business applies ‘‘unless an assessed the effects of our rule changes subjective spillover standard with a agency, after consultation with the easing limitations on the placement of bright-line rule that both expands and Office of Advocacy of the Small DTS transmitters by full power and low clarifies the permissible range of Business Administration and after power television stations and find that spillover will not only promote DTS use opportunity for public comment, these changes do not impose new by facilitating more efficient and more establishes one or more definitions of burdens on businesses with fewer than economical siting of DTS transmitters, such term which are appropriate to the 25 employees. but it also will establish a clearly activities of the agency and publishes 45. Congressional Review Act. The defined limit that will promote such definition(s) in the Federal Commission will submit this draft regulatory certainty. Consistent with the Register.’’ 5 U.S.C. 601(3). A small Report & Order to the Administrator of goal of addressing technical issues that business concern is one which: (1) Is the Office of Information and Regulatory may impede the adoption of DTS independently owned and operated; (2) Affairs, Office of Management and technology, the Order concludes that is not dominant in its field of operation; Budget, for concurrence that this rule is modestly easing limitations on DTS and (3) satisfies any additional criteria ‘‘non-major’’ under the Congressional transmitters and providing additional established by the SBA. 5 U.S.C. 632. Review Act, 5 U.S.C. 804(2). The clarity in our rules can help unlock the Application of the statutory criteria of Commission will send a copy of the potential of DTS at this crucial time dominance in its field of operation and Order to Congress and the Government when many stations are considering independence are sometimes difficult to Accountability Office pursuant to 5 migrating to the next generation apply in the context of broadcast U.S.C. 801(a)(1)(A). broadcast television standard (ATSC television. Accordingly, the 46. Additional Information. For 3.0). As the record in this proceeding Commission’s statistical account of additional information on this demonstrates, affording broadcasters television stations may be over- proceeding, contact Ty Bream, Media greater flexibility in the placement of inclusive. Bureau, Industry Analysis Division, at DTS transmitters can allow them to 52. Television Broadcasting. The rule [email protected] or (202) 418–0644. enhance signal capabilities and fill changes adopted would apply to 47. Final Regulatory Flexibility coverage gaps, improve indoor and television broadcast licensees and Analysis: As required by the RFA, as mobile reception, and increase spectrum potential licensees of television stations amended, see 5 U.S.C. 603, an Initial efficiency by reducing the need for using DTS. This Economic Census Regulatory Flexibility Analysis (IRFA) television translator stations operating category ‘‘comprises establishments was incorporated in the NPRM in this on separate channels. primarily engaged in broadcasting proceeding. The Commission sought 49. Summary of Significant Issues images together with sound.’’ 13 CFR written public comment on the Raised by Public Comments in Response 121.201 (2012), NAICS Code 515120. proposals in the NPRM, including to the IRFA. There were no comments These establishments operate television comment on the IRFA. The Commission to the IRFA filed. broadcast studios and facilities for the received no comments on the IRFA. 50. Response to Comments by the programming and transmission of This present FRFA conforms to the Chief Counsel for Advocacy of the Small programs to the public. These RFA. See 5 U.S.C. 604. Business Administration. Pursuant to establishments also produce or transmit 48. Need for, and Objectives of, the the Small Business Jobs Act of 2010, visual programming to affiliated Report and Order. This Order adopts a which amended the RFA, the broadcast television stations, which in technical modification to the Commission is required to respond to turn broadcast the programs to the Commission’s rules governing the use of any comments filed by the Chief public on a predetermined schedule. a distributed transmission system (DTS), Counsel for Advocacy of the Small Programming may originate in their own or single frequency network (SFN), by a Business Administration (SBA), and to studio, from an affiliated network, or

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21225

from external sources. The SBA has of small businesses to which rules may amount’’ standard with a clearly defined created the following small business apply does not exclude any television limit that will promote regulatory size standard for such businesses: Those station from the definition of a small certainty. In so doing, we note that the having $41.5 million or less in annual business on this basis and is therefore use of DTS is at the discretion of the receipts. The 2012 Economic Census possibly over-inclusive. broadcast licensee. Thus, the Order does reports that 751 firms in this category 55. Class A, LPTV, and TV translator not impose any new mandatory operated in that year. Of this number, stations. The rule changes adopted reporting, recordkeeping, or compliance 656 had annual receipts of less than $25 would apply to and/or impact licensees requirements for small entities, unless million. See U.S. Census Bureau, Table and potential licensees of Class A such entities, i.e., licensees, choose to No. EC1251SSSZ4, Information: Subject stations, LPTV stations, and TV use DTS. The Order therefore will not Series—Establishment and Firm Size: translator stations, as well as to impose additional obligations or Receipts Size of Firms for the United potential licensees in these television expenditure of resources on small States: 2012 (Jan. 8, 2016), https:// services. The same SBA definition that businesses. However, we note that the factfinder.census.gov/faces/ applies to television broadcast licensees adoption of the proposed rules may tableservices/jsf/pages/ would apply to these stations. As noted require modification of current productview.xhtml?pid=ECN_2012_US_ above, the SBA defines such businesses requirements and processes for entities 51SSSZ4&prodType=table. Based on as a small business if they have $41.5 that choose to use DTS, such as this data we therefore estimate that the million or less in annual receipts. 13 modification of FCC forms, including, majority of commercial television CFR 121.201 (2012), NAICS Code but not limited to, Schedules A and B broadcasters are small entities under the 515120. of FCC Form 2100. The Order delegates applicable SBA size standard. 56. There are 386 Class A stations. to the Media Bureau the authority to 53. Additionally, the Commission has Given the nature of these services, the update FCC forms to conform with the estimated the number of licensed Commission presumes that all of these adopted rule changes. commercial television stations to be stations qualify as small entities under 58. Steps Taken to Minimize 1,368. See Press Release, FCC, Broadcast the applicable SBA size standard. In Significant Economic Impact on Small Station Totals as of September 30, 2020 addition, there are 1,860 LPTV stations Entities and Significant Alternatives (MB Oct. 2, 2020) (Broadcast Station and 3,543 TV translator stations. Given Considered. The RFA requires an Totals), https://docs.fcc.gov/public/ the nature of these services as secondary agency to describe any significant, attachments/DOC-367270A1.pdf. Of and in some cases purely a ‘‘fill-in’’ specifically small business, alternatives this total, 1,174 stations (or 85.8%) had service, we will presume that all of that it has considered in reaching its revenues of $41.5 million or less, these entities qualify as small entities proposed approach, which may include according to Commission staff review of under the above SBA small business the following four alternatives (among the BIA Kelsey Inc. Media Access Pro size standard. We note, however, that others): (1) The establishment of Television Database (BIA) based on under the SBA’s definition, revenue of differing compliance or reporting 2019 revenue data, and therefore these affiliates that are not LPTV stations requirements or timetables that take into licensees qualify as small entities under should be aggregated with the LPTV account the resources available to small the SBA definition. In addition, the station revenues in determining whether entities; (2) the clarification, Commission estimates the number of a concern is small. Our estimate may consolidation, or simplification of licensed noncommercial educational thus overstate the number of small compliance and reporting requirements (NCE) television stations to be 390. The entities since the revenue figure on under the rule for such small entities; Commission does not compile and does which it is based does not include or (3) the use of performance, rather than not have access to information on the aggregate revenues from non-LPTV design, standards; and (4) an exemption revenue of NCE stations that would affiliated companies. We do not have from coverage of the rule, or any part permit it to determine how many such data on revenues of TV translator or TV thereof, for small entities. 5 U.S.C. stations would qualify as small entities. booster stations, but virtually all of 603(c)(1)–(c)(4). 54. We note, however, that in these entities are also likely to have 59. The premise of the rules is to assessing whether a business concern revenues of less than $41.5 million and facilitate DTS deployment by TV qualifies as ‘‘small’’ under the above thus may be categorized as small, except broadcasters, large and small alike, and definition, business (control) affiliations to the extent that revenues of affiliated thereby benefit their viewers. Among must be included. ‘‘[Business concerns] non-translator or booster entities should other benefits, easing limitations on are affiliates of each other when one be considered. DTS transmitters will help unlock the concern controls or has the power to 57. Description of Projected potential of DTS to extend service control the other or a third party or Reporting, Recordkeeping, and Other throughout a station’s coverage area, to parties controls or has the power to Compliance Requirements. In this improve indoor and mobile reception, control both.’’ 13 CFR 21.103(a)(1). Our section, we identify the reporting, and to increase spectrum efficiency by estimate, therefore, likely overstates the recordkeeping, and other compliance reducing the need for television number of small entities that might be requirements imposed by the Order and translators using separate channels. affected by our action, because the consider whether small entities are 60. In this proceeding, the revenue figure on which it is based does affected disproportionately by any such Commission has three chief alternatives not include or aggregate revenues from requirements. As discussed above, this available for the DTS rule for full power affiliated companies. In addition, Order relaxes the current restriction that stations—retaining the rule in its another element of the definition of prohibits DTS signals from spilling over existing form, modifying the rule as ‘‘small business’’ requires that an entity beyond a station’s authorized service proposed in the Petition (proposed not be dominant in its field of operation. area by more than a ‘‘minimal amount.’’ approach), or modifying the rule in a We are unable at this time to define or Specifically, the Order adopts a service- manner that avoids the technical quantify the criteria that would based approach that allows broadcasters omission in the Petition’s proposed rule establish whether a specific television to extend their DTS transmissions out to (bright-line rule). The Commission finds broadcast station is dominant in its field their 41 dBu F(50,50) contour. This rule that the public interest and technical of operation. Accordingly, the estimate change replaces the imprecise ‘‘minimal and marketplace realities support

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 21226 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

relaxing the DTS rule by enacting the an authorized service area drawn 67. It is further ordered that, pursuant bright-line rule. A further internal according to a Table of Distances). to Section 801(a)(1)(A) of the analysis of the NPRM proposal revealed 62. Report to Congress. The Congressional Review Act, 5 U.S.C. that it does not account for the additive Commission will send a copy of this 801(a)(1)(A), the Commission shall send effect of DTS transmissions and thus Order, including this FRFA, in a report a copy of the Order to Congress and to underestimates its potential interference to Congress and the Government the Government Accountability Office. impact. The bright-line approach set Accountability Office pursuant to the 68. It is further ordered that, should forth below remedies that technical Small Business Regulatory Enforcement no petitions for reconsideration or omission and provides broadcasters Fairness Act of 1996. See 5 U.S.C. petitions for judicial review be timely ample leeway to improve coverage, with 801(a)(1)(A). In addition, the filed, MB Docket No. 20–74 shall be less interference risk to other spectrum Commission will send a copy of the terminated and its docket closed. Order, including the FRFA, to the Chief users. Further, the additional DTS Counsel for Advocacy of the Small List of Subjects in 47 CFR Parts 73 and flexibility it offers will facilitate the Business Administration. 74 deployment of ATSC 3.0 and its many 63. Federal Rules that May Duplicate, anticipated consumer benefits, such as Overlap, or Conflict With the Proposed Radio, Television. enhanced over-the-air programming, Rule. None. Federal Communications Commission. mobile viewing capabilities, geo- 64. Ordering Clauses: Accordingly, it Marlene Dortch, targeting of emergency alerts, and is ordered that, pursuant to the authority Secretary. advanced data services supported by found in sections 1, 4, 7, 301, 302, 303, broadband connectivity. 307, 308, 309, 316, 319, 324, and 336 of For the reasons discussed in the 61. For low power stations, the the Communications Act of 1934, as preamble, the Federal Communications Commission has two chief amended, 47 U.S.C. 151, 154, 157, 301, Commission amends 47 CFR parts 73 alternatives—retaining the requirement 302, 303, 307, 308, 309, 316, 319, 324 and 74 as follows: that these stations must apply for DTS and 336, this Order is adopted. PART 73—RADIO BROADCAST facilities on an experimental basis prior 65. It is further ordered that, pursuant SERVICES to operation or eliminating the to the authority found in sections 1, 4, requirement. In order to allow low 7, 301, 302, 303, 307, 308, 309, 316, 319, 324, and 336 of the Communications ■ 1. The authority citation for part 73 power stations to pursue DTS Act of 1934, as amended, 47 U.S.C. 151, continues to read as follows: operations in a manner similar to full 154, 157, 301, 302, 303, 307, 308, 309, power stations, the Order eliminates the Authority: 47 U.S.C. 154, 155, 301, 303, 316, 319, 324 and 336, the 307, 309, 310, 334, 336, 339. requirement and adopts a rule with a Commission’s rules are amended, contour-based limit defining acceptable effective May 24, 2021, except for those ■ 2. Effective May 24, 2021, amend DTS spillover, taking into account the rules and requirements involving § 73.626 by revising paragraphs (c) technical differences between full Paperwork Reduction Act burdens, introductory text and (f)(2) to read as power and low power services. which shall become effective on the follows: Specifically, the Order will permit low effective date announced in the Federal power stations to employ DTS facilities Register document announcing OMB § 73.626 DTV Distributed Transmission Systems. so long as such facilities meet the approval. following conditions: First, DTS 66. It is further ordered that the * * * * * transmitters and their resulting contours Commission’s Consumer and (c) Table of Distances. The following must be located within the authorized Governmental Affairs Bureau, Reference Table of Distances describes (by channel F(50,90) contour for the station, and Information Center, shall send a copy of and zone) a station’s maximum service second, the F(50,50) contour of each this Order, including the Final area that can be obtained in applying for DTS must be contained within the Regulatory Flexibility Analysis, to the a DTS authorization and the maximum F(50,50) contour for the station’s Chief Counsel for Advocacy of the Small interference area that can be created by authorized service area (as opposed to Business Administration. its facilities.

TABLE 1 TO PARAGRAPH (c)

Distance from reference point Reference Distance from Node interfering Service interference reference point field strength Channel Zone field strength F(50,90) F(50,50) field strength F(50,10) F(50,10) (dBu) (km) (km) (dBu) (km) (dBu)

2–6 ...... 1 ...... 28 108 132 28 183 18.8 2–6 ...... 2 and 3 ...... 28 128 158 28 209 18.8 7–13 ...... 1 ...... 36 101 121 33 182 23.8 7–13 ...... 2 and 3 ...... 36 123 149 33 208 23.8 14–36 ...... 1, 2, and 3 ...... 41 103 142 36 246 26.8

* * * * * except where such extension of extend beyond that of its reference (f) * * * coverage beyond the station’s facility; and (2) Each DTS transmitter’s coverage is authorized service area meets the (ii) In no event shall the F(50,10) contained within either the DTV following criteria: node-interfering contour of any DTS station’s Table of Distances area (i) In no event shall the F(50,50) transmitter, aside from one located at (pursuant to paragraph (c) of this service contour of any DTS transmitter the reference point, extend beyond the section) or its authorized service area,

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21227

F(50,10) reference-interfering contour of (e) The DTS limiting area for each this part applicable to LPTV single- its reference facility; and DTS transmitter is determined using the transmitter stations. (iii) In no event shall the F(50,10) field strength from § 73.6010(c) and the (b) For purposes of compliance with reference-interfering contour of a facility F(50,50) curves. this section, a digital LPTV station’s at the reference point extend beyond the (f) An application proposing use of ‘‘authorized facility’’ is the facility F(50,10) reference-interfering contour of DTS will not be accepted for filing authorized for the station in a license or its reference facility; unless it meets all of the following construction permit for non-DTS, single- * * * * * conditions: transmitter-location operation. A digital ■ 3. Delayed indefinitely, amend (1) The combined protected area LPTV station’s ‘‘authorized service § 73.6010 by adding paragraph (e) to covers all of the applicant’s authorized area’’ is defined as the area within its read as follows: service area; protected contour (described by (2) Each DTS transmitter’s Class A § 74.792) as determined using the § 73.6010 Class A TV station protected DTS limiting contour falls within the authorized facility. contour. authorized facility’s Class A DTS (c) The protected area for each DTS * * * * * limiting contour; transmitter is determined based on the (e) A digital Class A DTS station will (3) Each DTS transmitter’s protected F(50,90) field strength given in be protected from interference within its area is contiguous with at least one § 74.792), calculated in accordance with Class A DTS protected area as defined other DTS transmitter’s protected area; § 73.625(b) of this chapter. The by § 73.6023(d). (4) The ‘‘combined field strength’’ of combined protected area of an LPTV ■ 4. Delayed indefinitely, revise all DTS transmitters in a network does DTS station is the logical union of the § 73.6023 to read as follows: not cause interference to another station protected areas of all DTS transmitters, § 73.6023 Distributed transmission in excess of the criteria specified in that falls within the station’s authorized systems. §§ 73.6017, 73.6018, 73.6019, and service area as defined in paragraph (b) (a) Station licensees may operate a 73.6020. The combined field strength at of this section. commonly owned group of digital Class a given location is determined by a (d) The DTS limiting area for each A stations with contiguous predicted ‘‘root-sum-square’’ calculation, in which DTS transmitter is determined using the DTV noise-limited contours (pursuant to the combined field strength is equal to field strength from § 74.792 and the § 73.622(e)) on a common television the square root of the sum of the F(50,50) curves. channel in a distributed transmission squared field strengths from each (e) An application proposing use of system. transmitter in the DTS network at that DTS will not be accepted for filing (b) A Class A DTV station may be location; and unless it meets all of the following authorized to operate multiple (5) Each DTS transmitter must be conditions: synchronized transmitters on its located within the station’s authorized (1) The combined protected area assigned channel to provide service service area. covers all of the applicant’s authorized consistent with the requirements of this (g) All transmitters operating under a service area; section. Such operation is called a single Class A DTS license must follow (2) Each DTS transmitter’s LPTV DTS distributed transmission system (DTS). the same digital broadcast television limiting contour falls within the Except as expressly provided in this transmission standard. authorized facility’s LPTV DTS limiting section, Class A stations operating a PART 74—EXPERIMENTAL RADIO, contour; DTS facility must comply with all rules (3) Each DTS transmitter’s protected in this part applicable to Digital Class A AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM area is contiguous with at least one single-transmitter stations. other DTS transmitter’s protected area; (c) For purposes of compliance with DISTRIBUTIONAL SERVICES (4) The ‘‘combined field strength’’ of this section, a digital Class A station’s ■ all DTS transmitters in a network does ‘‘authorized facility’’ is the facility 5. The authority citation for part 74 not cause interference to another station authorized for the station in a license or continues to read as follows: in excess of the criteria specified in construction permit for non-DTS, single- Authority: 47 U.S.C. 154, 302a, 303, 307, § 74.793. The combined field strength at transmitter-location operation. A digital 309, 310, 336 and 554. a given location is determined by a Class A station’s ‘‘authorized service ■ 6. Delayed indefinitely, add § 74.720 ‘‘root-sum-square’’ calculation, in which area’’ is defined as the area within its to subpart G to read as follows: the combined field strength is equal to protected contour (described by the square root of the sum of the § 73.6010(c)) as determined using the § 74.720 Digital low power TV distributed squared field strengths from each authorized facility. transmission systems. (d) The protected area for each DTS (a) A digital low power TV or TV transmitter in the DTS network at that transmitter is determined based on the translator (LPTV) station may be location; and F(50,90) field strength given in authorized to operate multiple (5) Each DTS transmitter must be § 73.6010(c), calculated in accordance synchronized transmitters on its located within the station’s authorized with § 73.625(b). The combined assigned channel to provide service service area. protected area of a Class A DTS station consistent with the requirements of this (f) All transmitters operating under a is the logical union of the protected section. Such operation is called a single LPTV DTS license must follow areas of all DTS transmitters, that falls distributed transmission system (DTS). the same digital broadcast television within the station’s authorized service Except as expressly provided in this transmission standard. area as defined in paragraph (c) of this section, LPTV stations operating a DTS [FR Doc. 2021–05333 Filed 4–21–21; 8:45 am] section. facility must comply with all rules in BILLING CODE 6712–01–P

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4700 Sfmt 9990 E:\FR\FM\22APR1.SGM 22APR1