Community Broadcasters Protection Act of 1999 Enacted November 29, 1999 New Class A TV Service Measure of primary status for qualifying LPTV licensees

Statutory Qualifications Criteria for Class A Status During 90-day period before 11/29/99, the LPTV station must have: (1) operated at least 18 hours each day (2) broadcast, on average, at least 3 hours per week of programming produced within the market area served by the station (3) complied with FCC’s LPTV rules

FCC Class A TV Report & Order in MM Docket No zAdopted March 28, 2000 zAvailable at Orders/2000/fcc00115.txt (.doc or.pfd) zPublished in Federal Register May 10, 2000 at 65 FR 29985

Who may apply for an initial Class A authorization? Only an LPTV licensee granted a Certification of Eligibility for Class A status

Who Will Be Granted a Certificate of Eligibility for Class A Status? zLPTV licensees who filed a “Statement of Eligibility for Class A LPTV Status” by January 28, 2000 and zCertified “yes” to the 3 statutory qualifications criteria or zCould not meet these qualifications due to compelling circumstances

Service Area Preservation of “Certified Class A” LPTV Stations zFrom date of receipt of a certification of eligibility that is ultimately granted until final resolution of a Class A application zService area to be preserved is LPTV protected signal contour zIf LPTV operator holds both license and modified construction permit, contour of permit facilities will be preserved

What is “Locally Produced” Programming? zProgramming produced within the LPTV “market area”, defined as the station’s predicted Grade B signal contour zOr within the Grade B contours of a group of commonly controlled stations zFor example, programming may be produced at the LPTV main studio within the Grade B contour or at a “grandfathered” studio outside the Grade B contour

Class A Operating Requirements zPer statute, LPTV station must meet full- power TV operating requirements upon filing of Class A application zExceptions are TV broadcast rules that cannot be met for technical reasons (e.g., no community coverage requirement) zClass A stations must operate within effective radiated power limits of the LPTV service

Example of Other Exceptions to Class A Compliance with Full-Service TV Rules zGrandfather use of LPTV station main studios located outside of Grade B contour zGrandfather use of LPTV transmitters (no proof of performance required) zClass A stations operate on frequencies not included in the TV or DTV allotment tables zInitial Class A facilities may operate without a carrier frequency offset

Examples of Required Compliance with Full-service TV Rules zMust operate a main studio zMust maintain a public file zMust comply with children’s programming requirements zMust comply with all equipment and operational requirements of Emergency Alert System

Apply on FCC Form 302-CA z Certifications of compliance yEligibility qualifications yTV broadcast operating rules yInterference protection requirements z No facilities changes permitted in initial Class A applications

Uses of Form 302-CA zDirect conversion of LPTV license to Class A license zConversion of construction permit of licensed LPTV station to Class A status, followed by another filing of Form 302- CA for license once construction completed

What if Your LPTV Station Doesn’t Meet All Interference Protection Requirements for Class A status? zMay file Form 346 as LPTV displacement application, requesting channel or other facilities changes to provide necessary interference protections zSimultaneously file Form 302-CA, basing interference protection certifications on the facilities proposed in the displacement relief application

Summary of Stations Protected Against Interference From Class A Stations z Analog (NTSC) TV Stations (Grade B contour protection) z LPTV and Translator Stations (Contour protection) z DTV Facilities (Protect Service Population) yFacilities of DTV allotment table yAuthorized DTV facilities yDTV Facilities proposed in “maximization” applications filed by May 1, 2000, where a “statement of intent” to file the application was filed by Dec. 1, 1999 z Land Mobile Radio Operations on Channels and Channel 16 in New York (field strength limits at protected 50-mile circle about land mobile city)

Class A TV Protection to NTSC TV zProtect Grade B contours of facilities authorized as of November 29, 1999 zProtect Grade B contours of facilities proposed in “change” applications on file as of November 29, 1999 zProtect facilities in applications for new TV stations that had completed all processing short of grant by November 29, 1999 for which the identity of successful applicant was known as of that date

Protected Applications for New NTSC Stations - As of 11/29/99 these applications were either: zAuction winners zProposed for grant in settlements among competing applicants zSingleton applications cutoff from competing applications

NTSC TV Protection from Class A TV zProtection based on the desired-to-undesired (D/U) signal strength ratios and minimum distance separation requirements in Section of the LPTV rules zWaivers may be requested based on terrain shielding and alternative propagation methods (e.g., Longely-Rice model and OET Bulletin #69 methods) zApplicants may negotiate interference agreements with affected parties

Frequency Offset Operation zCo-channel D/U ratio is 45 dB where Class A station operates without 10 kHz offset or on same offset as other NTSC station zRatio of 28 dB between stations operating on different offsets zClass A licensees required to specify carrier offset when seeking facilities increases

DTV Protections zClass A TV applicants must authorized DTV service and also service of allotted facilities that have yet to be authorized or applied for zClass A stations must not interfere with modified DTV allotments to fix technical problems

Class A Stations Must Protect DTV Service on Post-transition Channels zClass A stations must protect service on DTV station’s final in-core DTV channel at the end of the DTV transition period zA DTV station’s maximized service area may be carried to the station’s final DTV channel provided the station: ycan meet the FCC’s DTV interference protection rules ymet the maximization notification and filing deadlines on its assigned DTV channel and ymeets station construction deadlines on the channel for which maximization requested

DTV Protection Method zProtect the population within the DTV noise-limited service area, not already predicted to receive interference from other sources, based on the criteria in Sections and of the FCC rules and OET Bulletin # 69 (with a population reduction rounding allowance of 0.5%

Class A Protection to DTV DTV Noise-limited Contour; Comparable to NTSC Grade B DTV Interference-Free Reception Area Class A station interference cannot decrease population in the DTV service area (shaded) by more than 0.5% (rounding error)

Class A Must Protect Service Contours of TV Translators and non Class A LPTV Stations zProtect LPTV and TV translator stations authorized licenses or construction permits before the filing of the Class A application zProtect facilities proposed in LPTV & translator applications filed earlier than the Class A application

Example of Class A Protection of LPTV Station 74dBu protected contour for UHF LPTV station Class A LPTV Interference-limited Contour (46 dBu for co-channel station operating on a frequency offset basis)

Class A Protection of TV Translators and LPTV Stations zContour protection based on the D/U ratios in § of the LPTV rules z“Grandfather” predicted interference to later- authorized stations LPTV & translator stations zWaivers of protection standards may be supported by alternative methods such as terrain shielding and “Longley-Rice” propagation model zParties may negotiate interference agreements

Class A Protection to Land Mobile Radio zMust protect land mobile use of channels in several metropolitan areas and also channel 16 use in the New York City area zProtection to 80-mile circle around the reference coordinates of these metropolitan areas zProtection criteria limits predicted field strengths of co-channel and adjacent channel Class A stations at the 80 mile circle (See § of LPTV rules)

The Following Entities Must Protect the Initial Service Contours of Class A Designated LPTV Stations zMost applicants and allotment petitioners for new TV stations, except as noted above zFull-service TV minor change applicants filing applications after 11/29/99 zDTV maximization applicants filing applications after May 1, 2000 (continued)

Protection to Initial Class A Service Contours By zPetitioners for DTV allotments other than those necessary to fix technical problems; e.g., petitions for new DTV channel by new entrants zApplicants for new or modified LPTV or TV translator stations filing applications after the date the Class A designated LPTV station has been granted a “certification of eligibility”

Class A TV Protected Contours (Same as the LPTV protected contours defined in § of FCC rules) 62 dBu Channels dBu Channels dBu Channels

Methods of Protecting Class A Stations zNTSC TV - contour protection (D/U ratios and distance separations of Section ) zLPTV and TV translators - contour protection (D/U ratios of Section ) zClass A to Class A - LPTV contour protection (D/U ratios of Section ) zDTV - contour protection (D/U ratios of Section for “digital into analog”)

Alternative Methods of Meeting Requirements to Protect Class A Stations zWaiver requests supported by yTerrain shielding yLongely-Rice propagation model yOET Bulletin 69 method with a 0.5% population reduction rounding tolerance zInterference agreements among affected parties

Class A TV Displacement Relief zGenerally, existing LPTV displacement relief policies apply to displaced Class A stations zDisplacement could be due to actual or predicted interference caused or received by a Class A station zMay file for replacement channels and/or other related facilities changes on a “first-come” basis outside of filing windows zApplication is styled as a major change

Class A, TV Translator and LPTV Displacement Applications zGenerally, displacement applications, whether Class A, LPTV or TV translator, have higher priority than earlier-filed non displacement applications for new or modified facilities in these services zAmong displacement applications, the earliest filed has priority zDisplacement applications filed on the same day are subject to competitive bidding procedures

LPTV and TV Translator Stations With Licenses or Construction Permits for Channels zPresumption of channel displacement extended to channels zLicensees and permittees may file displacement application requesting replacement channel at any time after effective date of Class A Report & Order

LPTV Stations Licensed on Channels zClass A TV may be authorized only on channels 2-51 (“core” channels) zService contours of LPTV stations on channels are not afforded Class A interference protections zTo attain a Class A authorization, LPTV licensees must have been granted a certificate of eligibility and a channel below 52

Class A Eligible LPTV Stations Licensed on Channels zMust simultaneously file Forms 346, requesting channel below 52, and Form 302-CA zPer the Class A statute, a Class A authorization will be granted simultaneously with the grant of the LPTV displacement application zNot required to file applications within the 6- month window for filing initial Class A applications

LPTV Displacement Relief Applications of Class A Certified-Eligible Stations zMay file displacement application as mutually exclusive “counter proposal” to petition for modified NTSC TV channel allotment zDo do so, application must be filed before the end of the initial comment period in the Notice of Proposed Rule Making of the allotment proceeding

LPTV Displacement Relief Applications of Class A Certified-Eligible Stations zFull power TV permittees and licensees may file petitions for modified NTSC channel allotments that would be mutually exclusive with an LPTV displacement application zPetitions must be filed within 30 days of issuance of the Public Notice proposing grant of the displacement application

“Minor” Facilities Changes for Class A TV, LPTV and TV Translators zUnder the new, more inclusive definition, all facilities changes other than channel changes may be filed as “minor changes” and at any time provided, zProposals to relocate antenna sites must result in some overlap of the modified and original protected contours

Minor Change Applications zA “first-come/first-served” rule will apply among minor change applications filed by Class A stations and among applications of Class A, LPTV and TV translator stations zTV translator and non Class A LPTV minor change applications must protect earlier and later-filed NTSC TV minor change applicatons

Minor Change Applications zClass A and full-power NTSC TV minor change applications may become mutually exclusive (can’t grant both due to interference conflict) until the grant date of the Class A or NTSC minor change application zExample: Final processing check shows no predicted interference overlap with NTSC minor change application - therefore, ok to grant Class A minor change application

Minor Change Applications zThe filing of minor change applications under the more inclusive definition is deferred until October 1, 2000 zUntil then, minor change applications may continue to be filed under the current definition (that is, facility changes producing modified protected signal contours falling within the existing protected contour)

Additional Digital TV Licenses for Class A and TV Translator Stations zPer the CBPA, the FCC is not required to issue additional licenses, but shall accept applications for such service that will not cause interference to the service area of any broadcast facility applied for, protected, permitted or authorized on the date of filing of the digital application

Additional Licenses for Digital Class A and TV Translator Stations zMust await a future rulemaking to develop rules, policies and procedures zA Class A TV station may seek on- channel conversion to DTV at any time by filing a minor change application zDigital Class A stations subject to DTV transmission standard

Class A Application Filing Period zBegins 30 days after Report & Order published in Federal Register, which occurred May 10, 2000 zEnds 6 months from that date zNo time limit for filing initial Class A application for certified-eligible LPTV stations now authorized on channels 52-69

Fee Information for FCC Form 302-CA zFee amount: $220 zFee type code: MJT

Processing of Applications for Initial Class A Authorizations zPer CBPA, FCC must act on acceptable applications within 30 days after receipt zA “substantially complete” application acceptance standard will apply zInformal objections may be filed against the applications

What Happens Next zFCC to announce availability of Class A application Form 302-CA zFCC to announce LPTV licensees granted certificate of eligibility to apply for Class A authorization