Supporting Statement OMB 3060-1086 (July 2011)

OMB Control Number: 3060-1086 July 2011

Title: Section 74.786, Digital Channel Assignments; Section 74.787, Digital Licensing; Section 74.790, Permissible Service of Digital TV Translator and LPTV Stations; Section 74.794, Digital Emissions, Section 74.796, Modification of Digital Transmission Systems and Analog Transmission Systems for Digital Operation; LPTV Digital Transition Consumer Education Information and Section 74.798, Digital Television Transition Notices by Broadcasters

SUPPORTING STATEMENT

A. Justification

1. On July 15, 2011, the Commission adopted the Second Report and Order, In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, FCC 11-110 (“LPTV Digital Second Report and Order”). This document contains rules and policies for low power television stations (“LPTV”)¹ to transition from analog to digital broadcasting. Due to the Commission adopting these rules and policies to effectuate the low power digital transition, the LPTV Digital Second Report and Order imposes a new Paperwork Reduction Act (PRA) burdens on licensees. The new policy contains an information collection requirement as follows:

47 CFR 74.798 requires all stations in the low power television services to provide notice of their upcoming digital transition to their viewers.

The Commission is making this submission to receive final approval for this collection from the Office of Management and Budget (OMB).

History:

On September 17, 2010, the Commission adopted the Further Notice of Proposed Rulemaking, In the Matter of Amendment of Parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television Translator and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, FCC 10-172 ("LPTV Digital Transition FNPRM"). This document contained rules and policies for low power television stations ("LPTV") to transition from analog to digital broadcasting. The Commission received preapproval from the OMB for the information collection requirements on November 26, 2010.

On May 8, 2009, the Commission adopted the Report and Order, In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Replacement Digital Low Power Television Translator Stations, MB Docket No. 08-253, FCC 09-36 (“Replacement Translator

Report and Order”). The Replacement Translator Report and Order established rules and policies for a new replacement digital low power television translator² service that permitted full-service television stations to continue to provide service to their pre-transition analog viewers who had lost service as a result of those stations’ digital transition.

On September 9, 2004, the Commission adopted a Report and Order, In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, FCC 04-220 (“LPTV Digital Transition Report and Order”). The LPTV Digital Transition Report and Order established rules and policies for LPTV and TV translator stations and modified certain rules applicable to digital Class A TV stations (Class A).³

Due to the Commission initiating these new services, the Commission adopted a number of rules and regulations entailing PRA burdens on licensees and manufacturers. These rules have already been approved by the Office of Management and Budget (OMB)⁴ and are as follows:

1. 47 CFR Section 74.786(d) requires that digital LPTV and TV translator stations assigned to an out-of-core channel as a companion digital channel⁵ demonstrate that a suitable in-core⁶ channel is not available. The demonstration will require that the licensee conduct a study to verify that an in-core channel is not available.

b. 47 CFR Section 74.786(d) further requires that digital LPTV and TV translator stations proposing use of channels 52-59 notify all potentially affected 700 MHz wireless licensees of their proposed operation not less than 30 days prior to the submission of their application. These applicants must notify wireless licensees of the 700 MHz bands comprising the same TV channel and the adjacent channel within who licensed geographic boundaries the digital LPTV or TV translator station is proposed to be located, and they must also notify licensees of co-channel⁷ and adjacent channel spectrum⁸ whose service boundaries lie within 75 miles and 50 miles respectively of their proposed station location.

c. 47 CFR Section 74.786(e) allows assignment of UHF channels 60 to 69 to digital LPTV or TV translator stations for use as a digital conversion channel⁹ provided that stations proposing use of these channels notify all potentially affected 700 MHz wireless licensees of their proposed operation not later than 30 days prior to the submission of their application.

d. 47 CFR Section 74.786(e) further provides that digital LPTV and TV translator stations proposing use of UHF channel 63, 64, 68, and 69 (public safety frequencies)¹⁰ as a digital conversion channel must secure a coordinated spectrum use agreement¹¹ with the pertinent 700 MHz public safety regional planning committee and state administrator prior to the submission of their application.

e. 47 CFR Section 74.786(e) Digital LPTV and TV translator stations proposing use of channels 62, 65, and 67 must notify the pertinent regional planning committee and state administrator of their proposed operation not later than 30 days prior to submission of their application.

f. 47 CFR Section 74.787(a)(2)(iii) provides that mutually exclusive LPTV and TV translator applicants for companion digital stations will be afforded an opportunity to submit in writing to the Commission, settlements and engineering solutions to resolve their situation.

g. 47 CFR Section 74.787(a)(3) provides that mutually exclusive applicants applying for construction permits for new digital stations and for major changes to existing stations in the LPTV service will similarly be allowed to submit in writing to the Commission, settlements and engineering solutions to rectify the problem.

h. 47 CFR Section 74.787(a)(4) provides that mutually exclusive displacement relief applicants filing applications¹² for digital LPTV and TV translator stations may be resolved by submitting settlements and engineering solutions in writing to the Commission.

i. 47 CFR Section 74.787(5)(a)(i) states that an application for replacement digital television translator may be filed by a full-service television station that can demonstrate that a portion of its analog service area will not be served by its full, post-transition digital facilities. The service area of the replacement translator shall be limited to only a demonstrated loss area.

j. 47 CFR Section 74.787(5)(a)(i) states that 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 it is necessary to replace its post-transition analog loss area.

k. 47 CFR Section 74.790(f) permits digital TV translator stations to originate emergency warnings over the air deemed necessary to protect and safeguard life and property, and to originate local public service announcements (PSAs) or messages seeking or acknowledging financial support necessary for its continued operation. These announcements or messages shall not exceed 30 seconds each, and be broadcast no more than once per hour.

l. 47 CFR Section 74.790(e) requires that a digital TV translator station shall not retransmit the programs and signal of any TV broadcast or DTV broadcast station(s) without prior written consent of such station(s). A digital TV translator operator electing to multiplex¹³ signals must negotiate arrangements and obtain written consent of involved DTV station licensee(s).

m. 47 CFR Section 74.790(g) requires a digital LPTV station who transmits the programming of a TV broadcast or DTV broadcast station received prior written consent of the station whose signal is being transmitted.

n. 47 CFR Section 74.794 mandates that digital LPTV and TV translator stations operating on TV channels 22-24, 32-36, 38, and 65-69 with a digital transmitter not specifically FCC-certificated for the channel purchase and utilize a low pass filter¹⁴ or equivalent device rated by its manufacturer to have an attenuation ¹⁵ of at least 85 dB in the GPS¹⁶ band. The licensees must retain with their station license a description of the low pass filter or equivalent device with the manufacturer’s rating or a report of measurements by a qualified individual.

o. 47 CFR Section 74.796(b)(5) requires digital LPTV or TV translator station licensees that modify their existing transmitter by use of a manufacturer-provided modification kit would need to purchase the kit and must notify the Commission upon completion of the transmitter modifications. In addition, a digital LPTV or TV translator station licensees that modify their existing transmitter and do not use a manufacturer-provided modification kit, but instead perform custom modification (those not related to installation of manufacturer-supplied and FCC-certified equipment) must notify the Commission upon completion of the transmitter modifications and shall certify compliance with all applicable transmission system requirements.

p. 47 CFR Section 74.796(b)(6) provides that operators who modify their existing transmitter by use of a manufacturer-provided modification kit must maintain with the station’s records for a period of not less than two years, and will make available to the Commission upon request, a description of the nature of the modifications, installation and test instructions, and other material provided by the manufacturer, the results of performance-tests and measurements on the modified transmitter, and copies of related correspondence with the Commission. In addition, digital LPTV and TV translator operators who custom modify their transmitter must maintain with the station’s records for a period of not less than two years, and will make available to the Commission upon request, a description of the modifications performed and performance tests, the results of performance-tests and measurements on the modified transmitter, and copies of related correspondence with the Commission.

q. Protection of Analog LPTV. In situations where protection of an existing analog LPTV or translator station without a frequency offset prevents acceptance of a proposed new or modified LPTV, TV translator, or Class A station, the Commission requires that the existing non-offset station install at its expense offset equipment and notify the Commission that it has done so, or, alternatively, negotiate an interference agreement with the new station and notify the Commission of that agreement.

r. Resolving Channel Conflict. The Commission requires that wireless licensees operating on channels 52-59 and 60-69 notify (by certified mail, return receipt requested) a digital LPTV or TV translator licensee operating on the same channel of first adjacent channel of its intention to initiate or change wireless operations and the likelihood of interference from the LPTV or translator station within its licensed geographic service area. This notification should describe the facilities, associated service area, and operation of the wireless licensee with sufficient detail to permit an evaluation of the likelihood of interference.

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this collection of information is contained in 47 U.S.C. 301 of the Communications Act of 1934, as amended.

2. Most of the collections of information involved, whether reporting, recordkeeping, will be used by licensees and by the Commission to ensure the opportunity for harmful interference between licensees, broadcast and wireless, will be kept to a minimum. Other rules in this submission offer certain digital services, such as programming public service announcements for the purpose of educating the public about the digital transition.

3. The Commission expects that automatic information technology will be used where appropriate in this collection of information. In regards to 47 CFR 74.798, broadcasters may choose to provide the required information to their viewers via their regular over-the-air broadcast signal (e.g., via PSAs, information crawls, snipes, or tickers).

4. The Commission does not impose a similar information collection on the respondents. There is no similar data available.

5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize burdens on all respondents, regardless of size. The Commission is aware that many licensees are small entities who operate with limited budgets and has provided such smaller entities with as much flexibility and minimum increased burden as possible. For example, low power broadcasters have been given additional time (as compared to full-service broadcasters) to transition from analog to digital service. Additionally, with respect to 47 CFR 74.798, although the requirement may impose some costs on small broadcasters, they will also ensure that small broadcasters continue to retain their audiences after the transition by fully informing viewers of the steps necessary to keep watching. Small broadcasters rely completely on their viewing audiences for their revenue stream, so this benefit should far outweigh any costs for this temporary requirement.

6. DTV is a new service which potentially offers many benefits to licensees and prospective licensees and to the viewing public.

7. No special circumstances exist with this collection of information.

8. The Commission published a Notice in the Federal Register on October 18, 2010 (75 FR 63766) to seek public comment on the information collections contained in this supporting statement. To date, no comments have been received from the public.

9. Respondents will not receive any payments.

10. There is no need for confidentiality with this collection of information.

11. This collection of information does not address any private matters of a sensitive nature.

12. The Commission estimates the burdens as follows:¹⁷

Requirements or Number of Respondent’s Total Hrly. Total

Rule Sections Responses Burden Hour Burden Hrs Cost In-House Cost

a. Sec. 74.786(d) 352 4 1,408 $50 $ 70,400

b. Sec. 74.786(d) 724 1 724 $50 $ 35,200

c. Sec. 74.786(e) 696 1 696 $50 $ 34,800

d. Sec. 74.786(e) 268 2 536 $50 $ 26,800

e. Sec. 74.786(e) 964 3 2,892 $125 $361,500

f. Sec. 74.787(a)(2)(iii) 1,440 3 4,320 $50 $216,000

g. Sec. 74.787(a)(3) 1,000 3 3,000 $50 $150,000

h. Sec. 74.787(a)(4) 1,000 3 3,000 $50 $150,000

i. Sec. 74.787(a)(5)(i) 100¹⁸ 1 100 $50 $ 5,000

j. Sec. 74.787(a)(5)(i) 10¹⁹ 0.50 5 ²⁰ $50 $ 250

k. Sec. 74.790(f) 4,000 1 4,000 $50 $200,000

l. Sec. 74.790(e) 4,000 1.75 7,000 $50 $350,000

m. Sec. 74.790(g) 4,236 1 4,236 $50 $211,800

n. Sec. 74.794 750 0.50 375 $50 $ 18,750

o. Sec. 74.796(b)(5) 3,000 1.5 4,500 $50 $225,000

p. Sec. 74.796(b)(6) 1,500 1 1,500 $50 $ 75,000

q. Protect analog LPTV 750 3 2,250 $50 $112,500

r. Resolving channel

conflicts 10,000 1.5 15,000 $50 $750,000

u. LPTV Digital

Transition Consumer

Education

Information 5,500 4 22,000 $50 $1,100,000

TOTALS: 40,290 77,542 $4,093,000

(responses) (Burden Hours) (In-house Cost)

Total Number of Respondents: 7,636

100 Full Service TV Stations

2,451 LPTV Stations

4,562 Translator Stations

523 Class A Stations

7,636 Full Service TV Stations, LPTV, TV Translator, and Class A Stations

Total Number of Responses: 40,290

Total Annual Burden Hours: 77,542 hours

Total “In-house” Cost: $4,093,000

13. Annual Cost Burden: We assume that the respondent would use a consulting engineer ($250/hour) to conduct the study under Section 47 CFR Section 74.786(d) and the engineer showings under 47 CFR Sections 74.787(a)(5)(i). In addition, we have also listed start-up costs associated with this information collection that are associated with the low power DTV transition, which is still on-going to this date.

1. Section 74.786(d) 1,408 engineering hours x $250/hour = $ 352,000

2. Section 74.787(a)(5)(i) 220 engineering hours x $250/hour = $ 55,000

3. Section 74.790(e) 1,000 purchases x $15,000/purchase = $15,000,000

4. Section 74.790(f) 4,000 purchases x $8,000/purchase = $32,000,000

5. Section 74.794 7,250 purchases x $1,248/purchase = $ 9,048,000

6. Section 74.796(b)(6) 1,125 purchases x $5,000/purchase = $ 5,625,000

7. Protection of analog stations 725 purchases x $10,000/purchase = $ 7,250,000

8. Resolving channel conflicts 7,000 purchases x $3,800/purchase = $26,600,000

Total Annual Cost Burden: $95,930,000

14. Cost to the Federal Government: The Commission will use engineering staff at the GS-14, step 5 grade level ($57.13/hour) to review attachments to FCC Form 346 pursuant to Section 74.787(a)(5)(i), settlement agreements, and technical issues. Industry Analysts at the GS-13, step 5 grade level ($48.35/hour) will review certain notification issues. The average processing time for this work is 0.5 to 4 hours.

1,720 settlement agreements x 2 hours x $57.13/hour = $196,527.20

100 attachments pursuant to Section 74.787 x 1 hour x $57.13/hour = $ 5,713.00

10 attachments pursuant to Section 74.787 x 0.5 hours x $57.13/hour = $ 285.65

1,520 submissions with notification issues x 0.50 hours x $48.35/hour = $ 36,746.00

Total Cost to the Federal Government: $ 239,271.65

15. If the Commission adopts the information collection requirements pertaining to the LPTV digital transition notices contained in FCC 11-110, this information collection will have program changes/increases to the annual number of responses of 5,500 and 22,000 to the annual burden hours.

Also, there will be adjustments to this information collection of $162,800 which are due to increases in consulting fees.

15. The data will not be published for statistical use.

17. The expiration date of OMB approval for this information collection will be displayed at 47 CFR 0.408.

18. There are no other exceptions to the Certification Statement.

B. Collections of Information employing statistical methods:

No statistical methods are employed.

1 The low power television service consists of LPTV, TV translator, and Class A stations. LPTV stations may radiate up to 3 kilowatts of power for stations operating on the VHF band (i.e., channels 2 through 13), and 150 kilowatts of power for stations operating on the UHF band (i.e., channels 14 through 69). By comparison, full-service stations on VHF channels 7 through 13 radiate up to 316 kilowatts of power, and stations on the UHF channels radiate up to 5,000 kilowatts of power. LPTV signals typically extend approximately 15 to 20 miles, while the signals of full-service stations can reach as far as 60 to 80 miles.

2 A TV translator station is a low power television broadcast station that receives the signal of a television station and simultaneously retransmits it on another TV channel. Television translators are technically equivalent to LPTV stations in most respects and are licensed in the same manner. Television translator stations are intended to provide service to areas where direct reception of full-service broadcast stations is unsatisfactory because of distance or intervening terrain obstructions.

3 In the Community Broadcasters Protection Act of 1999 (“CBPA”), Congress directed the Commission to establish a Class A television service to provide a measure of primary status to certain LPTV stations so that those stations could continue to operate during and after the DTV transition. In order to qualify for Class A status, an LPTV station was required to have broadcast a minimum of 18 hours per day and to broadcast an average of at least 3 hours of locally produced programming per week during the three month period preceding enactment of the CBPA.

4 These rules remain unchanged since last approved by OMB.

5 Companion digital channel refers to a digital channel authorized to an existing low power television or television station to be associated with the station’s analog, non-digital channel.

6 The term “suitable in-core channel” refers to a channel that would enable a digital low power television or television translator station to produce a protected service area comparable to that of its associated analog LPTV or TV translator station. The term “companion digital channel” refers to a digital channel authorized to an existing low power television or television station to be associated with the station’s analog, non-digital channel. The term “digital conversion channel” refers to a channel previously authorized to an existing LPTV or TV translator station that has been converted to digital operation.

7 Same channel as the operating channel.

8 A channel located within one channel as the operating channel.

9 This is a channel chosen by a television broadcaster for use with their digital television facilities.

10 UHF channels 63, 64, 68, and 69.

11 An agreement entered into between a television broadcaster and a public safety entity.

12 This refers to two or more applications for displacement relief that cannot both be granted because of potential interference.

13 Multiplex or multi-casting is a feature of DTV that will allow broadcasters to offer multiple standard definition TV programs in a single digital signal.

14 A Low Pass Filter is an electronic filter used to block unwanted high frequency signals while allowing lower frequency signals to pass through.

15 Signal strength over a certain distance.

16 This is a Global Positioning Service.

17 These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.

18 These filings account for filings submitted in order to show a full-service station’s post-transition analog loss area.

19 These responses account for applicants seeking to propose a de minimis expansion of their full-service pre-transition analog service areas, and who must therefore demonstrate that de minimis expansion is necessary to replace their post-transition analog loss areas.

20 The Commission has accounted for an additional 5 burden hours due to the revised information collection requirement contained in FCC 09-36.

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