§ 74.787   Digital licensing.

   (a) Applications for digital low power television and television translator
   stations—(1) Applications for digital conversion. Applications for digital
   conversion channels may be filed at any time. Such applications shall be
   filed on FCC Form 346 and will be treated as a minor change application.
   There will be no application fee.

   (2) Applications for companion digital channel. (i) A public notice will
   specify a time period or “window” for filing applications for companion
   digital channels. During this window, only existing low power television or
   television translator stations or licensees and permittees of Class A TV
   stations  may  submit  applications  for  companion  digital channels.
   Applications submitted prior to the initial window identified in the public
   notice will be returned as premature. At a subsequent time, a public notice
   will  announcement  the  commencement  of  a filing procedure in which
   applications  will  accepted  on  a first-come, first-served basis not
   restricted to existing station licensees and permittees;

   (ii) Applications for companion digital channels filed during the initial
   window shall be filed in accordance with the provisions of § § 1.2105 and
   73.5002  of  this  chapter  regarding the submission of the short-form
   application, FCC Form 175, and all appropriate certifications, information
   and exhibits contained therein. To determine which applicants are mutually
   exclusive, applicants must submit the engineering data contained in FCC Form
   346 as a supplement to its short-form application. Such engineering data
   will not be studied for technical acceptability, but will be protected from
   subsequently  filed applications as of the close of the initial window
   period.  Determinations  as to the acceptability or grantability of an
   applicant's proposal will not be made prior to an auction;

   (iii) After the close of the initial window, a public notice will identify
   the short-form applications received during the window filing period which
   are found to be mutually exclusive. Such short-form applications will be
   resolved via the Commission's Part 1 and broadcast competitive bidding
   rules,  § § 1.2100  et seq., and § § 73.5000 et seq. of this chapter. Such
   applicants  shall be afforded an opportunity to submit settlements and
   engineering solutions to resolve mutual exclusivity pursuant to § 73.5002(d)
   of this chapter;

   (iv) After the close of the window, a public notice will identify short-form
   applications received that are found to be non-mutually exclusive. All
   non-mutually exclusive applicants will be required to submit an FCC Form 346
   pursuant to § 73.5005 of this chapter. Such applications shall be processed
   pursuant to § 73.5006 of this chapter; and

   (v) With regard to fees, an application (FCC Form 346) for companion digital
   channels shall be treated as a minor change application and there will be no
   application fee.

   (3) Construction permit applications for new stations, major changes to
   existing stations in the low power television service. A public notice will
   specify  the  date  upon  which  interested  parties may begin to file
   applications for new stations and major facilities changes to existing
   stations in the low power television service. It will specify parameters for
   any applications that may be filed. Applications submitted prior to date
   announced  by  the  public  notice will be returned as premature. Such
   applications shall be accepted on a first-come, first-served basis, and
   shall be filed on FCC Form 346. Applications for new or major change shall
   be  subject  to  the  appropriate  application fee. Mutually exclusive
   applications shall be resolved via the Commission's part 1 and broadcast
   competitive bidding rules, § 1.2100 et seq., and § 73.5000 et seq. of this
   chapter.  Such  applicants  shall be afforded an opportunity to submit
   settlements and engineering solutions to resolve mutual exclusivity pursuant
   to § 73.5002(d) of this chapter.

   (4) Displacement applications. A digital low power television or television
   translator  station  which  is causing or receiving interference or is
   predicted to cause or receive interference to or from an authorized TV
   broadcast station, DTV station or allotment or other protected station or
   service, may at any time file a displacement relief application for change
   in channel, together with technical modifications that are necessary to
   avoid interference or continue serving the station's protected service area,
   provided the proposed transmitter site is not located more than 30 miles
   from  the reference coordinates of the existing station's community of
   license. See § 76.53 of this chapter. A displacement relief application shall
   be filed on FCC Form 346 and will be considered a minor change and will be
   placed on public notice for a period of not less than 30 days to permit the
   filing of petitions to deny. These applications will not be subject to the
   filing of competing applications. Where a displacement relief application
   for a digital low power television or television translator station becomes
   mutually exclusive the application(s) for new analog or digital low power
   television or television translator stations, with a displacement relief
   application for an analog low power television or television translator
   station, or with other non-displacement relief applications for facilities
   modifications  of analog or digital low power television or television
   translator  stations,  priority  will  be afforded to the displacement
   application for the digital low power television or television translator
   station  to  the  exclusion  of other applications. Mutually exclusive
   displacement  relief applications for digital low power television and
   television translator stations shall be resolved via the Commission's part 1
   and broadcast competitive bidding rules, § 1.2100 et seq., and § 73.5000 et
   seq. of this chapter. Such applicants shall be afforded an opportunity to
   submit settlements and engineering solutions to resolve mutual exclusivity
   pursuant to § 73.5002(d) of this chapter.

   (5)  Application for replacement digital television translator. (i) An
   application for a replacement digital television translator may be filed at
   any time. A license for a replacement digital television translator will be
   issued only to a television broadcast station licensee that demonstrates in
   its  application that a portion of the station's pre-transition analog
   service  area  will not be served by its full, post-transition digital
   facilities and that the proposed translator will be used to provide service
   to the area where service has been lost.” Replacement digital television
   translators may operate on channels 2-51. Applications for replacement
   digital television translator shall be given processing priority over all
   other  low  power  television  and  TV  translator applications except
   displacement applications (with which they shall have co-equal priority) as
   set forth in 47 CFR 73.3572(a)(4)(ii). The service area of the replacement
   translator shall be limited to only a demonstrated loss area within the
   full-service station's pre-transition analog service area. “Analog service
   area”  is  defined as the existing, authorized, protected service area
   actually served by the analog signal prior to analog termination for the DTV
   transition. An applicant for a replacement digital television translator may
   propose a de minimis expansion of its full-service pre-transition analog
   service area upon demonstrating that the expansion is necessary to replace
   its analog loss area. The license for the replacement digital television
   translator will be associated with the full power station's main license,
   will be assigned the same call sign, may not be separately assigned or
   transferred,  and will be renewed with the full-service station's main
   license.

   (ii) Each original construction permit for the construction of a replacement
   digital television translator station shall specify a period of three years
   from the date of issuance of the original construction permit within which
   construction shall be completed and application for license filed. The
   provisions of § 74.788(c) of this chapter shall apply for stations seeking
   additional  time to complete construction of their replacement digital
   television translator station.

   (iii) A public notice will specify the date upon which interested parties
   may  begin  to  file  applications  for replacement digital television
   translators. Such applications shall be filed on FCC Form 346, shall be
   treated  as an application for minor change and shall be accepted on a
   first-come, first-served basis. Mutually exclusive applications shall be
   resolved via the Commission's part 1 and broadcast competitive bidding
   rules, § 1.2100 et seq. and § 73.5000 et seq. of this chapter.

   (iv) The following sections are applicable to replacement digital television
   translator stations:

   § 73.1030   Notifications  concerning  interference to radio astronomy,
   research and receiving installations.

   § 74.703   Interference.

   § 74.709   Land mobile station protection.

   § 74.734   Attended and unattended operation.

   § 74.735   Power Limitations.

   § 74.751   Modification of transmission systems.

   § 74.763   Time of Operation.

   § 74.765   Posting of station and operator licenses.

   § 74.769   Copies of rules.

   § 74.780   Broadcast regulations applicable to translators, low power, and
   booster  stations  (except  § 73.653—Operation  of  TV aural and visual
   transmitters and § 73.1201—Station identification).

   § 74.781   Station records.

   § 74.784   Rebroadcasts.

   (b)  Definitions  of  “major” and “minor” changes to digital low power
   television and television translator stations. (1) Applications for major
   changes in digital low power television and television translator stations
   include:

   (i) Any change in the frequency (output channel) not related to displacement
   relief;

   (ii) Any change in transmitting antenna location where the protected contour
   resulting from the change does not overlap some portion of the protected
   contour of the authorized facilities of the existing station; or

   (iii) Any change in transmitting antenna location of greater than 30 miles
   (48 kilometers) from the reference coordinates of the existing station's
   antenna location.

   (2) Other facilities changes will be considered minor.

   (c) Not later than 11:59 pm local time on September 1, 2011, low power
   television or TV translator stations operating analog (NTSC) or digital
   facilities above Channel 51, that have not already done so, must file a
   digital displacement application for a channel below Channel 52 pursuant to
   the procedures in subsection (a)(4) of this rule. Low power television and
   TV translator stations operating analog (NTSC) or digital facilities above
   Channel 51 that have not submitted a digital displacement application by
   11:59  pm  local  time  on September 1, 2011 will be required to cease
   operations altogether by December 31, 2011. These stations' authorization
   for facilities above Channel 51 shall be cancelled. Any digital displacement
   application submitted by a low power television or TV translator station
   operating analog (NTSC) or digital facilities above Channel 51 that is
   submitted after 11:59 pm local time on September 1, 2011 will be dismissed.
   In addition, any outstanding construction permit (analog or digital) for an
   channel above Channel 51 will be rescinded on December 31, 2011, and any
   pending application (analog or digital) for a channel above Channel 51 will
   be dismissed on December 31, 2011, if the permittee has not submitted a
   digital displacement application by 11:59 pm local on September 1, 2011.

   [ 69 FR 69333 , Nov. 29, 2004, as amended at  74 FR 23655 , May 20, 2009;  76 FR 44828 , July 27, 2011]

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