[opendtv] FCC Tees Up LPTVs for Digital Transition

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Wed, 22 Sep 2010 16:56:28 -0500
http://www.tvtechnology.com/article/106762

FCC Tees Up LPTVs for Digital Transition
09.22.2010.

WASHINGTON: The Federal Communications Commission is targeting mid-2012 for 
requiring all low-power TV stations to shut down analog transmissions. The 
commission on Friday released a Further Notice of Proposed Rulemaking seeking 
input on the LPTV digital transition, which also covers TV translators. The 
ruling would affect more than 2,450 low-power TV stations, 520 Class A stations 
(LPTVs with interference protection), and around 4,500 licensed translators 
serving mostly rural areas.

The notice outlines seven specific issues related to the proposed transition. 
The 2012 hard date is foremost. The FNPRM also lists a requirement to move all 
LPTVs and translators out of the 700 MHz band. A third item involves delegating 
authority to the agency's Media Bureau to oversee LPTVs that flash cut. The 5 
percent fee set on subscription services for full-power broadcasters is also 
being considered for LPTVs. A rules modification is proposed to change an 
LPTV's transmitter site of up to 30 miles from the reference coordinates of the 
transmitting antenna. And finally, the notice seeks feedback on allowing LPTVs 
to use the same emission mask as full-power stations.

Regarding the relocation of stations in the 700 MHz band--those on Chs. 
52-69--the FCC said, "We believe... that it is now appropriate that the 700 MHz 
band be cleared of low-power television broadcasters, both analog and digital, 
by a specific date so that new commercial wireless and public safety entities 
can continue to deploy their services."

The commission said that less than 2 percent of LPTVs proposed building digital 
facilities in the 700 MHz band--10 by flash cut and 80 on digital companion 
channels. A transition date of Dec. 31, 2011 is proposed for these out-of-core 
stations. "Displacement" applications would be due six months prior, on June 
30, 2011. A freeze was imposed upon filing applications for new analog LPTVs 
and for modifications of stations in Chs. 52-69 as of Sept. 17.

The commission's notice dismisses a petition from the New America Foundation to 
require LPTVs to share interference status with unlicensed devices.

"New America argues that such a condition on licenses for digital operations of 
low-power stations will 'promote universal broadband' by 'expanding direct 
access to spectrum,'" the notice stated. The FCC said LPTVs already were 
granted incumbent protection in the unlicensed devices proceeding, rendering 
New America's petition moot.

Brendan Holland, an attorney with Davis Wright Tramaine in Washington notes 
that the FCC notice did not discuss alternative transition dates, though it 
does warn of possible conflicts with the National Broadband Plan. The NBP aims 
to reallocate 120 MHz of broadcast spectrum for broadband. The proposed 
rulemaking for that relocation has not yet been issued, so just where on the 
spectrum LPTVs would be booted is not yet clear. LPTVs that transition early 
could find themselves doing so a second time, Holland says.

"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," Holland writes at DWT's Broadcast Law 
Blog. "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."

The notice does ask that very question, Holland noted. He also warned that the 
FNPRM mentions the potential spectrum reallocation as if it's a done deal.

"All television broadcasters should take careful note," he said. "Despite 
referring to it as the 'recommended reallocation of spectrum from the broadcast 
TV bands,' the commission in this item repeatedly refers to the reallocation of 
TV spectrum in a way that implies that it is a given and not merely a 
recommendation in a white paper."

Comments on the FNPRM will be due 60 days after the item is published in the 
Federal Register, with reply comments due 30 days after that.

-- Deborah D. McAdams
 
 
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[opendtv] FCC Tees Up LPTVs for Digital Transition

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