[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Rules and Regulations]
[Pages 37145-37146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17888]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

 47 CFR Part 73

[MM Docket No. 87-268; DA 97-1377]


Advanced Television Systems and Their Impact on the Existing 
Television Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

-----------------------------------------------------------------------

SUMMARY: By this Order, we are clarifying our action in the Sixth 
Report and Order in this proceeding, which dealt with advanced 
television systems and their impact on the existing television service, 
with regard to OET Bulletin No. 69, and are providing an additional 45-
day period of time for parties requesting reconsideration of individual 
digital television (DTV) allotments included in the DTV Table of 
Allotments to submit supplemental information relating to their 
petitions. We are also releasing OET Bulletin No. 69 concurrent with 
this Order. This action will resolve concern that has arisen with 
regard to OET Bulletin No. 69 and will allow parties filing requests 
for reconsideration of individual DTV channel allotments to finalize 
their requests regarding changes to the DTV Table.

DATES: Supplemental filings relating to petitions for reconsideration 
of the Sixth Report and Order that request changes to DTV allotments 
are due August 22, 1997.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Bruce Franca (202-418-2470) or Alan 
Stillwell (202-418-2470), Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION:

    1. By this Order, we are clarifying our action in the Sixth Report 
and Order, 62 FR 26684, May 14, 1997, in MM Docket No. 87-268, adopted 
April 3, 1997, FCC 97-115 (released April 21, 1997), with regard to OET 
Bulletin No. 69, and are providing an additional period of time for 
parties requesting reconsideration of individual allotments included in 
the DTV Table of Allotments to submit supplemental information relating 
to their petitions. We are also releasing OET Bulletin No. 69 
concurrent with this Order.
    2. In the Sixth Report and Order, the Commission set forth a Table 
of Allotments for digital TV (DTV) service, rules for initial DTV 
allotments, procedures for assigning DTV allotments to eligible 
broadcasters, and plans for spectrum recovery. A number of parties have 
submitted petitions for reconsideration expressing concern that OET 
Bulletin No. 69, which is referenced in the new DTV allotment rules as 
a source of guidance for evaluating DTV coverage areas, is not 
available and that they therefore have not been able to fully evaluate 
the DTV channels that were paired with existing television stations. 
These parties generally argue that without the technical guidance to be 
provided in OET Bulletin No. 69, they are unable to fully evaluate 
either the acceptability of the DTV allotments provided for their 
existing stations or the suitability of alternative channels. These 
parties also generally request that we provide additional time after 
the issuance of OET Bulletin No. 69 to evaluate their allotments and 
then supplement their petitions with additional information relating to 
specific changes to the DTV Table.
    3. OET Bulletin No. 69 provides guidance on the implementation and 
use of Longley-Rice methodology for evaluating DTV and NTSC coverage 
and interference. We wish to clarify that the technical guidance to be 
provided in OET Bulletin No. 69 is generally intended to be used for 
the purposes of preparing applications requesting facilities that do 
not conform to the DTV Table, petitions to amend the DTV Table, 
applications for new DTV stations, changes in authorized DTV stations, 
and the impact of low power TV and TV translator stations on DTV 
service areas. In short, the purpose of OET Bulletin No. 69 is to serve 
as a guide for parties preparing submissions for possible actions that 
we might take subsequent to the development of the initial DTV Table.
    4. We disagree with those parties that assert that OET Bulletin No. 
69 is essential for evaluation of DTV allotments. We note that the 
terrain dependent Longley-Rice propagation model and the methodologies 
used in evaluating DTV coverage and interference in the Sixth Report 
and Order are well known to the broadcast industry. These methodologies 
were in general developed by the broadcast industry through our 
Advisory Committee on Advanced Television Service. As early as 1992, 
they were used by the Advisory Committee in evaluating the various DTV 
technical systems and were also used in evaluating the ATSC DTV system, 
a modified version of which was selected by the Commission as the DTV 
standard. In addition, these same methodologies were used by the 
Association of Maximum Service Television (MSTV), the Broadcast Caucus 
and many engineering consulting firms in evaluating the draft DTV Table 
of Allotments that was included in the 1996 Sixth Further Notice of 
Proposed Rule Making in this proceeding, 11 FCC Rcd 10968 (1996), and 
in evaluating the alternative DTV Table submitted by the broadcast 
industry.
    5. Nonetheless, in view of the concern that has occurred with 
regard to OET Bulletin No. 69, we believe it is appropriate to provide 
parties that submitted petitions for reconsideration requesting 
modification of their DTV allotments a brief period of additional time 
to file supplemental presentations relating to those requests. We 
believe that a 45-day period will allow those parties sufficient time 
to supplement

[[Page 37146]]

their petitions without delaying our prompt action on the petitions for 
reconsideration of the Sixth Report and Order.
    6. We are issuing OET Bulletin No. 69 concurrent with this Order. 
Interested parties are advised that this document may be revised based 
on any actions that the Commission may take on reconsideration.
    7. Accordingly, it is ordered that, pursuant to Sections 4(i) and 
303(r) or the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
303(r) and 0.31, 0.241, 1.3, and 1.429 of the Commission's rules, 47 
CFR 0.31, 0.241, 1.3, 1.429, parties that submitted petitions for 
reconsideration requesting modification of their DTV allotments may 
submit supplemental filings relating to those requests on or before 
August 22, 1997.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-17888 Filed 7-10-97; 8:45 am]
BILLING CODE 6712-01-P