Sec.  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  Sec.  Sec. 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,  Sec.  Sec. 1.2100 et seq., and  Sec.  Sec. 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  Sec. 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  Sec. 73.5005 of this chapter. Such applications shall be processed
   pursuant to  Sec. 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,  Sec. 1.2100 et seq., and  Sec. 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  Sec. 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  Sec. 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,  Sec. 1.2100 et seq., and  Sec. 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  Sec. 73.5002(d) of this chapter.

   (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 any change in the frequency (output channel) not related to
   displacement relief or 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.

   (2) Other facilities changes will be considered minor.

   [ 69 FR 69333 , Nov. 29, 2004]