§  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 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, as amended at  74 FR 23655 , May 20, 2009]