Low Power Television/Class A TV

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The Commission’s recent Order establishing the rules and time line for low power television stations to convert to DTV has now been published in the Federal Register, meaning that most of the new rules regarding the conversion of low power television stations to digital television are now in effect.  As we wrote about extensively here,on July…

The FCC today froze all applications for TV channel 51 by both applicants for full-power and low power facilities.  Channel 51 is immediately adjacent to the parts of the television bands that were reclaimed for wireless uses during the DTV transition.  Wireless users, including CTIA and the Rural Cellular Association, have sought to restrict use of Channel 51 because of the potential for interference to the wireless users in these new wireless frequencies.  Today’s order not only freezes new applications for Channel 51 by both full-power and low power TV stations (including LPTV, TV translator and Class A TV stations), but it also freezes the processing of pending applications for the channel.  At the same time, the FCC has taken steps to encourage existing users of the channel to vacate it, giving low power applicants 60 days to amend pending applications to specify lower channels.

The freeze on applications is supposedly temporary, while the FCC considers a proposal for a rulemaking to permanently clear Channel 51 of TV users to eliminate the alleged interference to wireless users.  But, given the action here, and the FCC’s other actions to clear portions of the TV spectrum for wireless users, it certainly looks like the FCC is predisposed to adopting the proposal of the wireless users to clear this channel.  The freeze affects proposals not only for new channels on this band, but also applications for increases in the facilities of stations already in the band so as to preserve the "status quo."  The FCC will consider waivers of the freeze, but only to replace existing facilities with new ones where the existing facilities need to be replaced or changed due damage by storm, zoning proceedings, or "unforeseen events."  Any new facilities must keep the station within its current coverage area.  No waivers of this requirement will be issued to low power stations – while full-power stations may be able to exceed their current contours only through a waiver request that demonstrates that some expansion is necessary to preserve existing coverage or the quality of service to the public.Continue Reading FCC Freezes TV and LPTV Applications for Channel 51 – Encourages Users to Vacate the Channel

For our readers in the television business, there have been recent developments in two proceedings about which we have written recently.  Last week, we wrote about the extension of time to file reply comments on the CALM Act implementation Notice of Proposed Rulemaking, where the FCC is implementing a Congressional act to curb loud commercials…

The deadlines for the digital conversion of LPTV stations, TV translators and Class A TV stations were announced on Friday, in an Order where the FCC also provided some indication of their expected timetable for the reclamation of some of the television spectrum for broadband use – and that expectation is nowhere near as aggressive as originally announced two years ago in the FCC’s Broadband Report. The digital conversion of LPTV and translator stations will happen by September 1, 2015.  The FCC also ordered an earlier December 31, 2011 deadline for the digital conversion and clearing of the reclaimed spectrum by those stations still operating in parts of the  former television band (Channels 52 through 69) that have already been reclaimed and mostly auctioned for wireless uses. The digital conversion of Class A stations and other operational issues were also discussed in the order.  The details of the order may also reveal the Commission’s thinking on the proposed reclamation of other portions of the TV spectrum for broadband use, and of the use of Channels 5 and 6 for radio.  Details on the deadlines and other actions by the FCC in this order are set out below. 

Conversion Deadline and Process for Stations in Core TV Band

LPTV, translator and Class A stations (referred to in the rest of this article simply as "LPTV stations" except with respect to the specific Class A rules discussed below) will have a hard deadline for digital conversion of September 1, 2015.  As of that date, all analog television operations in the US will cease.  If LPTV stations do not already have a construction permit authorizing digital operations, they must file for such a permit by May 1, 2015. All existing construction permits for a digital flash-cut on the LPTV station’s current channel are automatically extended by this Order until the September 15, 2015 deadline. This does not extend outstanding construction permits for digital companion channels. Extensions of those permits must be requested by the permittee. Continue Reading FCC Sets Deadlines for LPTV, TV Translator and Class A Stations To Convert to Digital – And Gives Hints When Television Spectrum May Be Reclaimed for Broadband

Last week the FCC rejected a request by a low power television broadcaster seeking an experimental license to test a technology that would allow broadcast television stations to provide broadband access.  The brief decision, available here, was issued by the FCC’s Media Bureau and rejected the request primarily on the grounds that the technology the LPTV broadcaster sought to test is inconsistent with the existing ATSC standard for transmission of digital television signals in the U.S.  This decision brought about a rebuke by a Wall Street Journal columnist, suggesting that the FCC was not fully exploring one way to rapidly deploy broadband through existing TV licensees, in fears of foregoing the revenues that would come from an auction of reclaimed television spectrum.   This issue arises while the FCC considers the digital conversion of LPTV, and the future of the television spectrum generally.

As has been well known and discussed for at least the last decade, the ATSC standard chosen for digital television broadcast service in the United States is not ideal for mobile service and is not well suited for two-way broadband service.  The current ATSC standard was designed to provide a signal to fixed locations for traditional in-home television watching.   As we have written before, in 2000, in the early days of the digital television conversion, some broadcasters suggested that the system be changed to accommodate a more robust signal allowing better mobile reception and other services that maximize the capacity of the digital channel. That proposal was rejected for fears of slowing the digital conversion, but is seemingly being revisited now. Continue Reading FCC Rejects Request by Low Power Television Broadcaster to Test Technology to Enable Broadband Service Over Broadcast Spectrum

A controversy has bubbled up in connection with the FCC proceeding to set the date by which Low Power Television stations will be required to convert to digital operations.  While the analog operations of full-power TV stations were mandatorily terminated in 2009, Low Power television stations and TV translators have not yet faced any end date for their analog operations – though the FCC recently suggested that the final date for analog broadcasting by these stations be set – perhaps as soon as next year.  In comments filed in the proceeding to set the end date, the question of when to terminate analog broadcasting became tangled in another issue – whether Channel 6 LPTV stations should be allowed to continue to be used to broadcast FM programming.  NPR suggested that the practice be terminated now, while Channel 6 licensees argued that this use was perfectly permissible under FCC rules, and that it provides a public interest benefit that should be preserved.

Channel 6 is immediately adjacent to the FM band.  Analog television stations used an audio transmission standard that was very similar to that used by FM stations, and the audio from analog Channel 6 stations could be picked up by FM radio receivers. In many major television markets across the country, LPTV operators have taken their stations, optimized the audio for FM reception, and started broadcasts intended to be treated like radio stations – programming music or talk like a radio station, with the video programming being secondary to the audio output.  Some have called these "Franken FMs", and many listeners don’t even realize that they are listening to a station licensed for video operation – just assuming that radio on 87.7 or 87.9 is a normal extension of the FM band.  But this proceeding to end analog television broadcasting has brought the issue to the forefront.Continue Reading The Battle Over TV Channel 6 and LPTVs Used for FM Radio Broadcasts

Last week, we wrote that the FCC is going ahead with a rulemaking looking at how broadband needs may require some reallocation of the TV spectrum to wireless uses.  The initiation of a rulemaking on that issue is planned for the next FCC meeting in late November.  With that proceeding about to begin, the FCC today froze all applications for new Low Power Television (LPTV) stations and for TV Translators, and for major changes in existing LPTV and TV translator stations.  Over a year ago, after not having accepted applications for a decade during the DTV transition, the FCC allowed the filing of applications for new LPTV stations and TV translators in rural areas.  Finding that much of the demand for new translators has been met in these rural areas in the intervening period, the FCC has now determined that, until the spectrum needs for television and broadband are more certain, it would not accept any more applications for these stations. It appears that the long-planned window for LPTV stations in major markets will not happen in the foreseeable future.

The freeze does allow for the filing of minor changes to LPTV and TV translator stations, for applications to flash cut to digital, and for displacement applications if a full-power station precludes the continued operation of such a station on its current channel.  LPTV and translator stations still operating on channels 52 through 69, which have already been reallotted for wireless uses, can also file displacement applications during the freeze.Continue Reading FCC Freezes Applications for New LPTV and TV Translator Stations While Contemplating How the Broadband Plan Will Affect the TV Spectrum

The Commission’s recent Notice of Proposed Rule Making proposing a framework and time line for the transition of Low Power Television stations to digital operations — which we wrote about last month here — was published in the Federal Register today setting December 17, 2010 as the deadline for Comments and January 18, 2011 as…

On Friday, the Commission released a Further Notice of Proposed Rule Making (FNPRM) seeking input on completing the transition of all low power television stations (LPTV) and TV translator stations to digital operations.  Driven by the transition of all full power TV stations last year and the guidance from the National Broadband Plan, which recommended setting a deadline of 2015 for the transition of LPTVs to digital in order to increase efficiency in the TV bands and assist in the reallocation of those bands, the Commission’s rulemaking turns to the remaining analog television operations in the spectrum, i.e. LPTV and TV translator stations.  The Commission, having noted a significant increase in the past year of LPTV stations obtaining authority for, and actually switching to, DTV operations, concludes that "low power television stations should now begin to focus their time and resources on developing and implementing a digital conversion plan." 

In response to the main question of "when?", the Commission suggests a date in 2012 as the hard date by which all LPTVs and TV translators would have to complete the construction of digital facilities and cease analog operations.  While a specific date in 2012 is not offered, the Commission believes that three years after the June 12, 2009 full power transition should be a sufficient time period for completing the transition.  And of course, given that it is now September 2010, that really means that LPTV stations would have between 15 and 27 months from today to complete the transition.  The FNPRM does seek comment on alternative time frames or transition mechanisms, but notes that an adoption of an earlier transition date in 2012 might adversely impact some LPTV stations, which could "transition to digital only to find that their digital channel is no longer available as a result of the spectrum reallocation that is one of the recommendations in the Broadband Plan."  Such stations would then be forced to transition a second time.  Given that the Commission has not yet actually commenced a proceeding to implement the spectrum reallocation recommended in the Broadband Plan, this comment is a bit troubling.  Clearly, if the Commission is actually going to reallocate the spectrum as suggested in the National Broadband Plan, it should do so first before it mandates a DTV transition for LPTVs.  Or at the very least, it shouldn’t mandate such a transition until it can ensure that LPTV stations are transitioning to digital on a channel that won’t subsequently be reclaimed and re-purposed for a competing wireless broadband operation.  In acknowledgment of this, the FNPRM seeks comment on whether the analog termination date should be by the end of 2015 or after the "recommended reallocation of spectrum from the broadcast TV bands". Continue Reading Next Up in the DTV Transition, Low Power Television Stations

The FCC has issued another in a series of Notice of Proposed Rule Makings aimed at implementing changes to the satellite television rules brought about by the recently enacted Satellite Television Extension and Localism Act of 2010 or "STELA".  In particular, by its NPRM issued last week, the Commission proposes a predictive model to provide presumptive determinations as to whether a household is considered unserved by a local network-affiliated digital station.  The model proposed is a point-to-point predictive model that will allow parties to determine whether a particular location has the ability to receive an over-the-air digital television broadcast signal at the intensity level necessary for service.  The predictive model proposed by the Commission is based on the current model used for predicting reception of analog signals, which uses Longley-Rice to predict signal propagation. 

In proposing this predictive model, the Commission tentatively concludes that the current standard for an outdoor antenna should continue be used in predicting digital television signal strengths at individual locations.  Although STELA revised the definition of an "unserved" household by changing the previous statutory reference to a "conventional, stationary outdoor rooftop antenna" to refer simply to the use of an "antenna" (as we mentioned in our earlier blog), the Commission’s recent NPRM finds that the Act’s specification of the DTV standard incorporated in the FCC’s rules implies the use of an outdoor antenna to receive service.  Therefore, the predictive model the Commission proposes in its NPRM for determining reception of over-the-air digital television signals will continue to include the outdoor antenna standard (with some adjustments for height).  That said, and as the Commission itself notes, given that both of the satellite television providers are moving towards providing local-into-local service in most markets, the need for making determinations as to which households are "unserved" (and hence eligible to receive distant signals), is diminishing, although there are still a number of markets where such local-into-local service has yet to be implemented. 

Although STELA also narrowed the unserved standard to focus just on the reception of signals from an in-market affiliate (rather than simply any affiliate) and to address the notion of multicast digital streams, these changes do not impact the Commission’s adoption of a predictive model, and thus were not explicitly addressed by the NPRM.  However, the Commission does include a Further Notice of Proposed Rule Making to address issues regarding on-site measurements in the event that a subscriber requests an on-site signal strength test following application of the predictive model.  Here again, the Commission proposes to limit measurements to outdoor antennas.  Comments on the Commission’s proposed rule changes will be due 20 days after publication of the NPRM in the Federal Register, which, as of this writing, has not yet occurred. Continue Reading FCC Begins Proceedings to Implement Changes to Satellite Television Rules as a Result of STELA