Subject: [NEXTEL-1] Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area Changes

From: [email-masked]
Date: Tue, 03 Aug 2004 15:34:35 -0400

DA 04-2446
Released:  August 3, 2004
Freeze on the Filing of Certain TV and DTV Requests for Allotment or
Service Area Changes
Beginning immediately, and until further notice, the Commission will not
accept for filing certain requests by analog and digital television
broadcast stations for changes to existing DTV and analog TV service
areas and channels.  Specifically, until further notice,  the Commission
will not accept for filing the following:

• Petitions for rulemaking to change DTV channels within the DTV Table
of Allotments.
• Petitions for rulemaking for new DTV allotment proceedings.
• Petitions for rulemaking to swap in-core DTV and NTSC channels.
• Applications to change DTV channel allotments among two or more
licensees.
• Petitions for rulemaking by licensees/permittees to change NTSC
channels or communities of license.

• Television modification applications that would increase a station’s
DTV service area in channels 2-51 in one or more directions beyond the
combined area resulting from the station’s parameters as defined in the
following: (1) the DTV Table of Allotments; (2) Commission
authorizations (license and/or construction permit); and (3)
applications on file with the Commission prior to release of this Public
Notice; and television modification applications that would increase a
station’s analog service area in channels 2-51 in one or more directions
beyond the combined area resulting from the station’s parameters as
defined in the following: (1) Commission authorizations (license and/or
construction permit) and (2) applications on file with the Commission
prior to release of this Public Notice.  The Bureau may consider, on a
case by case basis and consistent with the public interest, amendments
to those applications to, for example, resolve interference with other
stations or pending applications or to resolve mutual exclusivity with
other pending applications.  In earlier Public Notices, we have frozen
maximization applications for channels 52-59 and 60-69.

• Class A station displacement applications and applications for
coverage changes that would serve any area that is not already served by
that Class A station’s authorized facilities.  As an exception to this
freeze, on-air Class A stations demonstrating that they face imminent
disruption of service may request Special Temporary Authority (“ STA”)
to continue operations.  Displacement applications filed by out-of-core
LPTV stations that have been deemed Class A-eligible requesting to move
to an in-core channel where Class A authority could be granted will not
be acted on during this freeze, but for such stations, immediate
non-Class A LPTV displacement relief may be requested through an STA.

Notwithstanding this freeze, licensees will not be prevented from filing
modification applications when the application would resolve
international coordination issues or when a broadcast station seeks a
new tower site due to the events of September 11, 2001.

The Commission is in the process of developing a channel election and
repacking process that will assign to eligible television broadcasters a
post-transition DTV channel in the core television spectrum (i.e.,
channels 2-51).  Channel election procedures will be announced in the
Commission’s Second Periodic Review of the Commission’s Rules and
Policies Affecting the Conversion to Digital Television, MB Docket No.
03-15, RM 9832.  This freeze is a necessary first step to ensure a
stable television database prior to the commencement of the channel
election process.  Prohibiting the filing of new applications and
petitions requesting new channels or service areas will allow
broadcasters to evaluate stations’ technical parameters and thereby
facilitate channel elections and the creation of a new DTV Table of
Allotments.  Imposition of an immediate freeze will ensure that new
applications and petitions are not filed in anticipation of future
limitations, thus defeating the administrative purpose of the action
herein, and will ensure that technical parameters do not continue to
change while broadcasters make their channel election decisions.

The Bureau will consider, on a case-by-case basis, requests for waiver
of this freeze when a modification application is necessary or otherwise
in the public interest for technical or other reasons to maintain
quality service to the public, such as when zoning restrictions preclude
tower construction at a particular site or when unforeseen events, such
as extreme weather events or other extraordinary circumstances, require
relocation to a new tower site.  As with any request for waiver of our
rules, a request for waiver of the freeze imposed in this Public Notice
will be granted only upon a showing of good cause and when grant of the
waiver will serve the public interest.

The decision to impose this freeze is procedural in nature and therefore
the freeze is not subject to the notice and comment and effective date
requirements of the Administrative Procedure Act.  See 5 U.S.C. §
553(b)(A), (d); Kessler v. FCC, 326 F. 2d 673 (D.C. Cir. 1963).
Moreover, there is good cause for the Commission’s not using notice and
comment procedures in this case, and not delaying the effect of the
freeze until 30 days after publication in the Federal Register, because
to do either would be impractical, unnecessary, and contrary to the
public interest because compliance would undercut the purposes of the
freeze.  See 5 U.S.C. § 553(b)(B), (d)(3).

This action is taken by the Chief, Media Bureau pursuant to authority
delegated by § 0.283 of the Commission’s rules.
For additional information, contact Kim Matthews of the Policy Division,
Media Bureau, at (202) 418-2120 or Barbara Kreisman of the Video
Services Division, Media Bureau, at (202) 418-1600.

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2446A1.doc

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