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The FCC announced the opening of a new filing window to
modify pending applications proposing new digital Low Power TV and
TV translator service in rural areas. This filing window will
permit applicants with long-pending applications who have
subsequently been displaced by the Incentive Auction and the
repacking process to submit amended proposals, subject to certain
conditions.
In June 2009, the FCC announced a filing window for new digital LPTV
and TV translator stations to serve rural areas. The window opened
on August 25, 2009, and the plan was for the FCC to permit similar
new, non-rural proposals to be filed starting on January 25, 2010.
However, at the same time that the FCC was accepting applications
for new rural LPTV and TV translator stations, it was also
considering the adoption of the National Broadband Plan, which,
inter alia, proposed to re-purpose a portion of the UHF
television spectrum. The FCC first delayed, and then cancelled, the
“non-rural” filing window, and imposed a freeze on the filing and processing
of the rural proposals.
As a result, there are now a significant number of pending
applications for new LPTV and TV translator stations to serve rural
areas that have been frozen since 2010. The new filing window,
which will be open between December 2, 2019 and January 31, 2020,
will permit applicants to submit amendments that (i) specify a new
digital channel in the revised TV band and/or (ii) propose a change
in transmitter site of 48 kilometers or less. The amendments must
protect full-power, Class A television and LPTV/translator stations
that have been licensed or that hold valid construction permits,
along with any previously-filed applications for those services.
Moreover, any amendment must continue to qualify as a rural service
proposal.
After the window closes on January 31, 2020, the FCC will
provide mutually-exclusive applicants the opportunity to resolve
conflicting proposals through settlement or engineering amendments.
If an engineering conflict cannot be resolved, the FCC will conduct
an auction. The FCC will dismiss all pending applications that do
not submit an in-core amendment during the filing window.
Given the holiday season and the short turnaround on filing
amendments, applicants with long-pending applications should move
quickly to find a new channel and/or tower site that will permit
the FCC to process their application.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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