[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