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Establishment of a Model for Predicting Digital Broadcast Television Field Strength Received at Individual Locations; Measurement Standards for Digital Television Signals Pursuant to the Satellite Home Viewer Extension Act of 2004

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Released: September 24, 2010

Federal Communications Commission

FCC 10-133

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Establishment of a Model for Predicting Digital
)
ET Docket No. 10-152
Broadcast Television Field Strength Received at
)
Individual Locations
)
)

Measurement Standards for Digital Television
)
ET Docket No. 06-94
Signals Pursuant to the Satellite Home Viewer
)
Extension and Reauthorization Act of 2004
)

NOTICE OF PROPOSED RULEMAKING

AND

FURTHER NOTICE OF PROPOSED RULEMAKING

Adopted: July 28, 2010


Released: July 28, 2010

Comment Date: [20 days after date of publication in the Federal Register]
Reply Comment Date: [30 days after date of publication in the Federal Register]

By the Commission:

TABLE OF CONTENTS

Heading
Paragraph #
I.
INTRODUCTION .................................................................................................................................. 1
II. BACKGROUND .................................................................................................................................... 4
III. DISCUSSION....................................................................................................................................... 12
A. Predictive Model Notice of Proposed Rulemaking..................................................................... 12
B. On-Site Signal Measurement Further Notice of Proposed Rulemaking ..................................... 33
IV. PROCEDURAL MATTERS................................................................................................................ 39
A. Initial Regulatory Flexibility Certification..................................................................................... 40
B. Further Regulatory Flexibility Act Analysis.................................................................................. 44
C. Paperwork Reduction Act Analysis ............................................................................................... 45
D. Filing Requirements....................................................................................................................... 46
V. ORDERING CLAUSES ....................................................................................................................... 49
Appendix A:
Proposed Rules
Appendix B:
Proposed OET Bulletin No. 73
Appendix C:
Further Initial Regulatory Flexibility Analysis

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I.

INTRODUCTION

1.
The Satellite Television Extension and Localism Act of 2010 (STELA)1 reauthorizes the
Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA)2 by extending the
effectiveness and amending certain provisions in the Communications Act and the Copyright Act. These
provisions govern the delivery of distant network-affiliated broadcast television station signals by satellite
providers. To implement the new statutory regime, the STELA requires the Commission, within 270
days after the date of its February 27, 2010 enactment,3 to 1) "develop and prescribe by rule a point-to-
point predictive model for reliably and presumptively determining the ability of individual locations,
through the use of an antenna, to receive signals in accordance with the signal intensity standard in
Section 73.622(e)(1) of [our rules], or a successor regulation, including to account for the continuing
operation of translator stations and low power television stations," and 2) issue an order completing our
rulemaking to establish a procedure for on-site measurement of digital television signals in ET Docket
No. 06-94.
2.
In the Notice of Proposed Rulemaking (NPRM) portion of this action, we are proposing
to prescribe a point-to-point predictive model for determining the ability of individual locations to receive
an over-the-air digital television broadcast signal at the intensity level needed for service through the use
of an antenna, as required by the STELA. Our goal in proposing this model is to provide a means for
reliably and presumptively determining whether the over-the-air signals of television stations, including
low power stations, can be received at individual locations for purposes of establishing the eligibility of
individual households to receive the signals of distant television broadcast network stations from their
satellite carriers. We believe that the proposed predictive model, which is based on the current model for
predicting the intensity of analog television signals at individual locations, will allow such determinations
to be made in a timely and cost effective manner for all parties involved, including network TV stations,
satellite carriers and satellite subscribers.
3.
In the Further Notice of Proposed Rulemaking (FNPRM), we seek information to update
the record in ET Docket No. 06-94, based on which we intend to prescribe rules for determining
eligibility of satellite subscribers for receiving distant network signals from their satellite TV provider
using on-location testing/measurements. The Commission previously sought comment on a variety of
issues related to establishment of a procedure for on-location measurements pursuant to the SHVERA,
but has not yet adopted final rules specifying such a procedure.4 In the STELA, Congress modified some
of the testing requirements set forth in the SHVERA. We are addressing these modifications to both
refresh the record and obtain additional information and comment on STELA requirements that differ
from the SHVERA requirements.


1 See Satellite Television Extension and Localism Act of 2010, Title V of the "American Workers, State, and
Business Relief Act of 2010," Pub. L. 111-175, 124 Stat. 1218 (2010).
2 See Satellite Home Viewer Extension and Reauthorization Act of 2004, Title IX of the "Consolidated
Appropriations Act, 2005," Pub. L. No. 108-447, 204, 118 Stat 2809, 3393, 3423-24 (2004), codified at 47 U.S.C.
339(c)(1).
3 47 U.S.C. 339(c)(3)(A) and (B), as amended by STELA Section 204. Section 307 of STELA specifies that the
"date of enactment" is February 27, 2010. Thus, the deadline for completing this rulemaking is statutorily
established as November 24, 2010.
4 See Measurement Standards for Digital Television Signals Pursuant to the Satellite Home Viewer Extension and
Reauthorization Act of 2004, ET Docket No. 06-94, Notice of Proposed Rulemaking, 21 FCC Rcd 4735 (2006)
(SHVERA NPRM).
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II.

BACKGROUND

4.
Congress originally established statutory provisions relating to delivery of distant
network-affiliated broadcast television stations by satellite providers in the 1988 Satellite Home Viewer
Act (SHVA), and subsequently revised and extended those provisions in the Satellite Home Viewer
Improvement Act of 1999 (SHVIA) and the Satellite Home Viewer Extension and Reauthorization Act of
2004 (SHVERA).5 Under the SHVA and its successors, households at locations that are unable to receive
a local network-affiliated broadcast television station's signal with an antenna at sufficient strength for
reception, i.e., where the signal strength is below the threshold for reception, are defined as "unserved
households" and, therefore, are eligible to receive a distant signal of the same network affiliation through
their satellite service provider.6 Conversely, households at locations that are able to receive a local
network-affiliated station's signal with an antenna at sufficient strength, i.e., above the threshold for
reception, are not eligible to receive a distant station affiliated with the same network unless granted a
waiver by the affiliates whose signals they are able to receive.7 Determinations of whether a signal can be
received are based on whether the signal level present at the location is above or below a standard value
of field strength needed for service. For analog TV signals, that standard is the Grade B contour levels set
forth in Section 73.683(a) of the Commission's rules, and for digital TV signals the standard as
established by the STELA is the noise-limited contour set forth in Section 73.622(e)(1) of the
Commission's rules.8
5.
In the 1999 SHVIA, Congress, inter alia, directed the Commission to amend its rules to
prescribe a predictive model for determining whether a household can receive the analog television signal
broadcast by a local television station. More specifically, the SHVIA added a new section 339(c)(3) to
the Communications Act which required that the Commission develop and prescribe by rule a point-to-
point predictive model for reliably and presumptively determining the ability of individual locations to
receive analog TV signals in accordance with the signal intensity standard in effect under section
119(d)(10)(A) of Title 17, United States Code, i.e. the Grade B field strength contours for television
stations in Section 73.683(a) of the Commission's rules.9 Section 339(c)(3) further provided that "in
prescribing such a model, the Commission shall rely on the Individual Location Longley-Rice [ILLR]
model set forth by the Federal Communications Commission in Docket No. 98-201, and ensure that such


5 See Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA), Title IX of the "Consolidated
Appropriations Act, 2005," Pub. L. No. 108-447, 204, 118 Stat 2809, 3393 3423-24, (2004), codified at 47 U.S.C.
339(c)(1); Satellite Home Viewer Improvement Act of 1999 (SHVIA), Title I of the Intellectual Property and
Communications Omnibus Reform Act of 1999, PL 106-113, 1000(9), 113 Stat. 1501, Appendix I (1999); 1988
Satellite Home Viewer Act, 17 U.S.C. 119 (1988). Congress enacted the SHVA and its successors to protect
television broadcasters' copyright interests while simultaneously enabling satellite carriers to provide the signals of
broadcast network stations to those satellite subscribers who are unable to obtain local network stations over-the-air..
6 SHVA and its successors modify both the copyright statute in Title 17 of the United States Code and the
Communications Act in Title 47 of the United States Code. Section 119 of Title 17 provides a statutory copyright
license pursuant to which satellite carriers may retransmit the "distant" signals of television broadcast stations that
are located outside the market in which the satellite subscriber is located under specific circumstances, including
when the subscribers are in "unserved households." 17 U.S.C. 119(d)(10)(A).
7 47 U.S.C. 339(b)(2).
8 See 47 U.S.C 339(a)(2)(D)(i), as amended by STELA Section 204; 47 C.F.R. 73.622(e)(1), 73.683(a) and
73.683(d). A broadcast station's Grade B and noise-limited contours are the areas within which the station's signal
strength is predicted to exceed a level specified by the Commission's rules.
9 See SHVIA, section 1008(a); see also 47 C.F.R. 73.683(a).
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model takes into account terrain, building structures, and other land cover variations. The Commission
shall establish procedures for the continued refinement in the application of the model by the use of
additional data as it becomes available."10 The ILLR model is a computer program specifically designed
to predict the strength of an over-the-air signal at an individual location, such as a consumer's home, by
considering what happens to the signal as it travels between the transmitter and the home (the propagation
path).11 This model accounts for the effects that terrain and other morphological features have on signal
strength. The SHVIA did not, however, contain provisions for prediction of the signal levels of digital
television signals.
6.
In compliance with the statutory directive in the SHVIA, the Commission adopted a
point-to-point predictive model (SHVIA ILLR model) for determining the ability of individual locations
to receive an over-the-air analog television broadcast signal of a specific intensity through the use of a
conventional, outdoor rooftop receiving antenna in ET Docket No. 00-11.12 The SHVIA ILLR model was
an improved version of the original ILLR model endorsed by the Commission for use under the SHVA
that incorporated features to account for land use and land cover (LULC) as well as terrain. The
Commission also provided for the SHVIA ILLR model's continued refinement by the use of additional
data as might become available.13
More specifically, it provided that refinements based on such
additional data may be proposed by referencing the docket of that proceeding, which it held open for that
purpose. The SHVIA ILLR model is currently used for making predictions of analog TV field strengths


10 47 U.S.C. 339(c)(3). See Report and Order in CS Docket No. 98-201, 14 FCC Rcd 2654 (1999) (SHVA Report
and Order
).
11 The ILLR model is used to make predictions of radio field strength at specific geographic points based on the
elevation profile of terrain between the transmitter and each specific reception point. A computer is needed to make
these predictions because of the large number of reception points that must be individually examined. Computer
code for the ILLR point-to-point radio propagation model is published in an appendix of NTIA Report 82-100, A
Guide to the Use of the ITS Irregular Terrain Model in the Area Prediction Mode
, authors G.A. Hufford, A.G.
Longley and W.A. Kissick, U.S. Department of Commerce, April 1982. Some modifications to the code were
described by G.A. Hufford in a memorandum to users of the model dated January 30, 1985. With these
modifications, the code is referred to as Version 1.2.2 of the Longley-Rice radio propagation model. It is available
at the U.S. Department of Commerce Web site, http://elbert.its.bldrdoc.gov/itm.html.
12 See First Report and Order in ET Docket No. 00-11, 15 FCC Rcd 12118 (2000) (SHVIA First Report and Order).
The SHVIA ILLR model is described detail in the Commission's OET Bulletin No. 72, which is available at
http://www.fcc.gov/oet/info/documents/bulletins/#72. The rules prescribing use of the ILLR model for determining
whether a household is served by a local station are set forth in Section 73.683(d) of the Commission's rules. 47
C.F.R. 73.683(d). In the SHVIA First Report and Order action, the Commission also adopted standards for
collection of field strength data to determine the intensity of analog television signals at an individual location.
Those standards are set forth in Section 73.683(e). 47 C.F.R. 73.683(e). See also 17 U.S.C. 119(d)(10(A), as
amended by SHVIA, which specifically defined "unserved household" by reference to signal reception with "a
conventional, stationary, outdoor rooftop antenna."
13 Based on the record in the SHVA proceeding, the Commission found that vegetation and buildings affect signal
intensity at individual locations. However, it also found that at the time of the SHVA Report and Order, there was
no standard means of including such information in the SHVIA ILLR model that had been accepted by the technical
and scientific community. The Commission therefore stated that land use and cover information would be included
in the ILLR when an appropriate method for using such information in the context of determining the field strength
of broadcast television signals at individual locations has been developed and accepted. See SHVA Report and
Order
at 2692-2693. The Commission reiterated this conclusion in the Order on Reconsideration in the SHVA
proceeding. See Order on Reconsideration in CS Docket No. 98-201, 14 FCC Rcd 17373 (1999), at 17378. In that
action, the Commission denied DirecTV's petition for reconsideration, in part, on the basis that it failed to provide
the information and details necessary to evaluate an application to consider land use and cover in the ILLR.
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at individual locations.
7.
In the 2004 SHVERA, Congress again amended the Copyright Act14 and the
Communications Act to further aid the competitiveness of satellite carriers and to expand program
offerings for satellite subscribers.15 The SHVERA included new provisions for distant digital signal
reception and amended section 339 of the Communications Act and section 119 of the Copyright Act to
provide three methods by which a subscriber can establish eligibility to receive such signals.16 First, a
subscriber was eligible to receive the distant digital signal of a particular network if his or her household
was predicted to be unserved by the over-the-air analog signal of any affiliate of that network (not
necessarily the local affiliate), or was determined by on-site testing to be unserved by the over-the-air
analog signal of any affiliate of that network. The SHVIA ILLR model was used to make predictions
under this provision. Second, a subscriber whose household was predicted to be served by a local
station's analog signal could request an on-site signal strength test to determine if his or her household is
unable to receive that station's digital signal.17 Third, a satellite subscriber could receive distant digital
signals if the television network station granted a waiver to allow satellite retransmission of the relevant
network from a distant station. There was no provision in SHVERA for a predictive model for
determining if a specific household can receive a digital TV signal of adequate strength. Rather,
presumptive determinations of eligibility to receive a distant network digital signal were based on
predictions of whether the household was unserved by the local network affiliate's associated analog
signal.18
8.
The SHVERA also required that the Commission conduct an inquiry and develop
recommendations regarding whether the Commission's digital signal strength standard and the signal
testing procedures for determining if a household is "unserved" should be revised.19 The Commission's
findings from this inquiry and its recommendations were set forth in a 2005 Report to Congress.20
Therein, the Commission recommended that the SHVIA ILLR model (the version improved through the
addition of land use and land clutter information) be used for predicting whether a household is unserved
by digital television signals.21 The Commission further recommended that Congress authorize adoption
of the SHVIA ILLR analog model for use in determining whether households are unserved by local
digital signals under the SHVERA. In addition, the Commission stated generally that the digital


14 Section 103 of the SHVERA created a new 17 U.S.C. 119(a)(4)(D) to provide satellite carriers with a statutory
copyright license to offer distant digital network signals.
15 See 47 U.S.C. 325, 338, 339 and 340.
16 See 17 U.S.C. 119(d)(10)(A) and 47 U.S.C. 339(c)(4)(A); see also 47 U.S.C. 339 (a)(2)(D)(i).
17 Generally, subscribers in the top 100 television markets were allowed to request a digital signal strength test after
April 30, 2006 and subscribers in other markets were allowed to request a test after July 15, 2007. See 47 U.S.C.
339(a)(2)(D)(vii)(I)(aa)(bb). The Commission proposed rules for a digital signal strength measurement procedure
and that procedure has been used on an interim basis pending its adoption of final rules. See In the Matter of
Measurement Standards for Digital Television Signals Pursuant to the Satellite Home Viewer Extension and
Reauthorization Act of 2004
, ET Docket No. 06-94, Notice of Proposed Rulemaking, 21 FCC Rcd. 4735 (2006).
18 17 U.S.C. 119(a)(4)(D); see also 47 U.S.C. 339(a)(2)(D) and 17 U.S.C. 119(d)(10)(A).
19 See SHVERA, section 204(b); section 204(b) was codified in 47 U.S.C. 339(c).
20 See Report to Congress: Study Of Digital Television Field Strength Standards And Testing Procedures in ET
Docket No. 05-182, 20 FCC Rcd 19504 (2005) (2005 Report to Congress).
21 2005 Report to Congress, 20 FCC Rcd 19562-19570.
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television measurement procedures should be similar to the existing procedures for measuring the field
strength of analog television stations in Section 73.686(d) of the rules, but with certain modifications to
address the differences between analog and digital TV signals.22
9.
Subsequent to the SHVERA and the 2005 Report to Congress, the Commission adopted
the SHVERA NPRM in which it proposed to amend its rules to provide procedures for measuring the field
strength of digital television signals. These proposed new measurement procedures accounted for the
differences that are inherent between analog and digital television signals. The proposed procedures
would be generally applicable for measuring digital TV signal strengths and specifically applicable for
determining a household's eligibility to receive a distant digital network signal from a satellite television
provider. These proposals were based on the Commission's recommendations in the 2005 Report to
Congress
.23 Because the SHVERA provided for measurements as early as April 30, 2006 and
measurement rules had not yet been adopted, the Commission specified that it would rely on the proposed
DTV measurement procedures for evaluating DTV signal strength pending the adoption of final rules.24
Those interim procedures have been in effect since adoption of the SHVERA NPRM in April, 2006, and to
date we have not received any reports of problems or difficulties with their use.
10.
In the STELA, Congress again amended the Copyright Act and the Communications Act
to renew and make adjustments to the statutory provisions for carriage of distant network television
stations by satellite services. Under the new regime, eligibility for receiving distant digital network
signals is based on either 1) a prediction of whether the signal of a local station affiliated with the network
can be received off-the-air at a specific location or 2) an actual measurement of the local network
stations' signal strengths at that location.25 "Local stations" under the STELA are stations in the same
Designated Market Area (DMA) as the household location for which eligibility is being assessed.26
STELA modifies the definition of "unserved household" in the copyright statute by changing the
reference from "a conventional, stationary, outdoor rooftop receiving antenna" to "an antenna."27 STELA
also modifies the signals that are to be considered in the determination of terrestrial service from "an
over-the-air signal of a primary network station" to "an over-the-air signal containing the primary stream,
or, on or after the qualifying date, the multicast stream, originating in that household's local market."28
11.
With respect to the methods for determining whether an individual location is unserved
by the digital signal of a local network TV station, and therefore eligible for delivery of the signal of a
distant station affiliated with the same network, the STELA first requires that the Commission establish a
model for predicting the ability of individual locations to receive digital TV signals. Specifically, the
STELA amends Section 339(c)(A)(3) of the Communications Act to require that, by November 24, 2010,
"the Commission shall develop and prescribe by rule a point-to-point predictive model for reliably and


22 Id., 20 FCC Rcd 19506.
23 We note that, in its comments in response to the SHVERA Inquiry that preceded the 2005 Report to Congress,
EchoStar submitted a number of proposals related to DTV signal strength measurement, which the Commission
rejected as unnecessary or inappropriate. See 2005 Report to Congress, at 117-121 and 125-128.
24 SHVERA NPRM, 21 FCC Rcd at 4738 para. 6.
25 47 U.S.C. 339(a)(2)(D)(i).
26 See 17 U.S.C. 119(d)(10)(A), (d)(11), as amended by STELA section 102. In the STELA, the reference to a
"local" signal refers specifically to "that household's local market" and the definition in 17 U.S.C. 122.
27 See 17 U.S.C. 119(d)(10)(A), as amended by STELA Section 102.
28 Id.
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presumptively determining the ability of individual locations, through the use of an antenna, to receive
signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal
Regulations, or a successor regulation, including to account for the continuing operation of translator
stations and low power television stations. In prescribing such model," the STELA also provides that
"the Commission shall rely on the Individual Location Longley-Rice model set forth by the Commission
in CS Docket No. 98201, as previously revised with respect to analog signals, and as recommended by
the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05182, FCC
05199 (released December 9, 2005)." The STELA further provides that the Commission "shall establish
procedures for the continued refinement in the application of the model by the use of additional data as it
becomes available."29 Second, the STELA requires, on the same schedule as its final action on the
predictive model, that the Commission "issue an order completing its rulemaking proceeding in ET
Docket No. 06-94 ..." and that "[i]n conducting such rulemaking, the Commission shall seek ways to
minimize consumer burdens associated with on-location testing."30

III.

DISCUSSION

A.

Predictive Model Notice of Proposed Rulemaking

12.
As recognized and directed by Congress in the STELA, a predictive model is needed to
provide presumptive determinations as to whether a household is unserved by local network-affiliated
digital full service and digital low power TV and digital TV translator stations. The STELA revises the
definition of "unserved household" in three potentially significant ways: 1) the network stations whose
signals are to be considered are now limited to those network affiliates in the same DMA as the
subscriber; 2) the definition of "unserved household" now references an "antenna" without specifying
what kind of antenna or where it is located; and 3) the definition specifically recognizes both a "primary
stream" and a "multicast stream" affiliated with a network.31 We believe the SHVIA ILLR model can be
readily modified to predict digital TV signal strengths at individual locations under the new STELA
regime and thereby provide presumptive determinations of eligibility for delivery of distant digital signals
by satellite carriers in the same manner as it currently provides for analog signals. Use of this model with
appropriate modifications for digital signals would also comply with the intent of Congress in the STELA
that we rely on the ILLR model as previously revised for analog signals (the SHVIA ILLR model) and the
Commission's recommendation in its 2005 Report to Congress for use in making determinations of
eligibility for satellite delivery of distant network signals. The SHVIA ILLR model has proven over time
to be an accurate and reliable predictor of analog TV signal strength and has been well accepted by both
the broadcast and DBS industries. Through use of this model, consumers, broadcast television stations
and satellite television carriers have avoided the need to conduct an actual measurement test every time a
satellite customer believes that he or she is unable to receive an adequate signal off-the-air from a local
television network-affiliated station. We expect the revised model to provide these same benefits in the
digital television environment. We discuss our proposal for the digital signal predictive model below.


29 See STELA, section 204(b)(2), amending section 339(c)(3)(A) of the Communications Act, codified at 47 U.S.C.
339(c)(3)(A).
30 See STELA, section 204(b)(2), amending section 339(c)(3)(B) of the Communications Act, codified at 47 U.S.C.
339(c)(3)(B).in
31 See 17 U.S.C. 119(d)(10)(A) as amended by STELA section 102. The STELA specifies that network affiliates
broadcast on multicast streams will be considered "on or after the qualifying date," which is defined as "October 1,
2010, for multicast streams that exist on March 31, 2010; and January 1, 2011, for all other multicast streams." 17
U.S.C. 119(d)(13), as amended by STELA section 102. See also 17 U.S.C. 119(d)(10)(A), (d)(14) and (15), as
amended by STELA section 102.
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We note that, with the anticipated launch of local-into-local service in all 210 DMAs by Dish Network,32
the circumstances in which a subscriber would need, or be eligible for, distant signals will be significantly
reduced.33 We therefore anticipate that the predictive model will be used far less frequently than in
previous years.34
13.
Digital TV ILLR Model Proposal. We are proposing to modify the SHVIA ILLR model
to make it capable of reliably and accurately predicting the field strength of digital television stations and
to establish the modified version in our rules as the point-to-point model for determining the ability of
individual locations to receive with an antenna the digital television signals of full service television
stations, digital low power television stations (including digital Class A stations), and digital TV
translator stations. Specifically, we are proposing to adopt the Individual Location Longley-Rice model
set forth in CS Docket No. 98-201 as revised for analog signals in the SHVIA proceeding, i.e., the
SHVIA ILLR model, with appropriate modifications, as the method for prediction of digital television
signal strengths. Consistent with the STELA, we are also proposing to use the DTV noise-limited service
contour values in Section 73.622(e)(1) as the standard for determining whether a predicted field strength
is sufficient for reception of a signal at an individual location.35 This "digital TV ILLR model" and
standard will be specified as the required method for making presumptive determinations of an individual
household's eligibility for satellite retransmission of the distant network signals. We request comment on
our proposals for a digital TV ILLR model as set forth herein.
14.
The prediction model we are proposing addresses the statutory change in the definition of
an unserved household from an "outdoor antenna" to an "antenna" and takes into account terrain,
morphology (buildings and similar man-made land uses), and other land cover variations, some of which
were recognized in our development of the SHVIA ILLR model but still are yet to be evaluated and
accepted by the scientific and technical community.36 Inasmuch as the digital signals of digital low power
TV (including digital Class A) and digital TV translator stations use the same transmission standard as
full service stations, we believe that the same model will be capable of serving to provide predictions of
the signal strengths of all types of digital TV stations. That is, we tentatively conclude that the same
digital TV model will provide predictions that are equally reliable and accurate for full service, low power
and TV translator digital signals. We are therefore proposing to use the new digital TV ILLR model for
prediction of the signal strengths of all three of these types of digital TV stations. We also believe that
this model will account for multicast as well as primary streams that are transmitted by a station and


32 See 17 U.S.C. 119(g), as amended by STELA section 105 and 47 U.S.C. 342, as amended by STELA section
206. Dish Network launched 29 markets on June 3, 2010, and now offers local-into-local service in all 210 DMAs.
See DISH Network L.L.C. Application for Qualified Carrier Certification, MB Docket No. 10-124, Attachment A at
2 (filed June 30, 2010). See also http://dish.client.shareholder.com/releasedetail.cfm?ReleaseID=474211.
33 The STELA retained the provision that prevents subscribers, in general, from receiving retransmission of distant
signals if the local-into-local package is available to them, unless they subscribed to the distant signals before the
local package was available. See 47 U.S.C. 339(a)(2), as amended by STELA section 204; see also 17 U.S.C.
119(a)(3), as amended by STELA section 102. Given that both DirecTV and DISH are moving towards making
local-into-local packages available in all or nearly all markets, we expect the need for determinations of eligibility
for delivery of distant network signals to individual subscribers to decline significantly.
34 The same analysis applies to the need for and use of signal testing, as discussed infra.
35 Section 73.622(e)(1) provides separate noise-limited contour levels for channels in the low-VHF band (channels
2-6), high-VHF band (channels 7-13) and UHF band (channels 2-51).
36 The SHVIA ILLR model includes data only for those land use and land cover features that have been evaluated
and accepted by the scientific community.
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affiliated with one or more networks. We request comment on this proposal and our tentative conclusion.
We are also proposing to establish a procedure through which parameters used in the digital TV ILLR
model can be adjusted based on new information that may become available and other refinements. This
process will provide for continued refinement of the model on the basis of reliable technical information,
as it becomes available.
15.
The analog SHVIA ILLR model that will serve as the basis for our digital TV ILLR
model is similar to the service coverage predictive model we established for evaluating television
coverage and interference prediction, as set forth in our Office of Engineering and Technology's (OET)
OET Bulletin No. 69.37 However, whereas the Longley-Rice model for coverage and interference
prediction provides estimates of aggregate service availability (including losses due to interference), the
SHVIA ILLR model provides estimates only of field strength at individual locations (it does not include
consideration of interference). The SHVIA ILLR model does not replace the current Commission rules
for field strength contours in Section 73.683 or prediction of coverage for non-satellite distant signal
eligibility purposes in Section 73.684. In fact, the SHVIA ILLR model could identify unserved
households lying within a station's former Grade B contour and, likewise, identify served households
outside that contour.
16.
The SHVIA ILLR model incorporates features to account for the radio propagation
environment and the receiving system conventionally assumed to be used by viewers to achieve service
with an antenna. Given that digital and analog television signals are transmitted in the same frequency
bands, the factors affecting propagation of signals using the two different modulation methods and the
background noise level are the same. We therefore do not believe that we need to modify any of the
features of the SHVIA ILLR model that describe propagation and the background noise levels and are not
proposing to modify those elements of the model. We also observe that the "planning factors" that
describe a set of assumptions for the television reception system are different in some important respects
for analog and digital signals.38 However, with the exception of antenna location and performance and
certain other factors relating to propagation that are discussed below, we do not believe that we need to
consider those differences for purposes of the proposed digital TV ILLR model because they are
incorporated into the threshold signal level for reception for service, which the STELA directs to be set at
the noise-limited levels specified in Section 73.622(e)(1).
17.
We also do not see any need for changing the model to reflect the added reference to
network affiliated multicast streams. The prediction for a television broadcast signal applies regardless of
the content. If a household is predicted to receive a station, then all of that station's broadcast streams
may be received. Therefore, we propose to make no special adjustment in the model to implement this
change in the definition of unserved households. We request comment on these aspects of the proposed
digital TV ILLR model.


37 The Longley-Rice model used for analysis of DTV and analog TV service in the DTV proceeding is described in
"Longley-Rice Methodology for Evaluating TV Coverage and Interference," OET Bulletin 69, Federal
Communications Commission (February 6, 2004), http://www.fcc.gov/oet/info/documents/bulletins/#69. The
Longley-Rice method in OET Bulletin No. 69 is the Commission's designated methodology for determining where
service is provided by a DTV station. See 47 C.F.R. 73.622(e). See also Advanced Television Systems: Sixth
Report and Order
("DTV Sixth Report and Order"), 12 FCC Rcd 14588, 14672-76.
38 The planning factors for analog television assume a height of 30 feet, which is slightly different from the height of
10 meters (33 feet) used in the digital planning factors. The planning factors for analog TV are provided in Robert
A. O'Conner, "Understanding Television's Grade A and Grade B Service Contours," IEEE Transactions on
Broadcasting, Vol. BC-14, No. 4, December 1968 (O'Connor) at page 142; the planning factors of digital TV are set
forth in OET Bulletin No. 69 at Table 3.
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18.
The aspects of the SHVIA ILLR model that are different for digital and analog signals
and that we need to modify or consider modifying in the new point-to-point predictive model for digital
signals include antenna location (outdoor vs. indoor) and performance, time and location variability
factors, and land use and land cover. We discuss our proposals for changes to the SHVIA ILLR model to
address these aspects in the new digital TV ILLR model for prediction of DTV signal strengths and our
proposal for a procedure for the continued refinement of the model as new information may become
available in the sections below. The proposed amendments to our rules to implement the new digital TV
ILLR model are set forth in Appendix A, and the proposed digital TV ILLR model will be described in a
new OET Bulletin No. 73, a draft of which is attached as Appendix B.
19.
We propose to uphold any previous findings of eligibility for delivery of distant signals
based on the predictive model, in the event that we update the digital TV ILLR model and a prediction
from the updated model indicates that the location can receive service from a local network station. We
believe that "grandfathering" the eligibility of households in such cases would be appropriate to avoid
disruption of the existing services to which households have been accustomed.
20.
Antenna Location and Performance. We believe that the current standard for an outdoor
antenna as specified in the DTV planning factors in OET Bulletin No. 69 should be used in predicting
digital television signal strengths at individual locations. As indicated above, the STELA revises the
definition of an unserved household by changing the reference to the antenna used to receive service from
a "conventional, stationary outdoor rooftop antenna" to an "antenna." The reception model (planning
factors) for digital television service assumes that a viewer uses an outdoor antenna with a certain level of
gain mounted at 10 meters (33 feet) above ground (roof-top level).39 Those antenna location and
performance parameters are reflected in the field strength values defining the analog Grade B and digital
noise-limited contours in Sections 73.683(a) and 73.622(e)(1), respectively. The STELA mandates use of
the digital television signal strength standard in Section 73.622(e)(1) or a successor regulation. Thus, we
believe that STELA's specification of the signal strength intensity standard incorporated into our rules
implies use of an outdoor antenna to receive service.40
21.
However, we believe that Congress's use of the term "antenna" in the STELA grants the
Commission greater flexibility to take into account different types of antennas than was previously
available. In addition, Congress and representatives of the direct broadcast satellite industry have
previously raised concerns as to whether we should consider certain issues relating to the location and
performance of actual antennas consumers use to receive DTV signals. In the SHVERA, Congress
directed the Commission to investigate whether the noise-limited DTV service standard should be revised
to take into account the types of antennas that are available to consumers.41 The Commission concluded


39 Id.
40 There is no discussion of the change in the reference to the receive antenna from a "conventional, stationary,
outdoor rooftop antenna" to an "antenna" in the legislative history of the STELA.
41 See 47 U.S.C. 339(c)(1)(B). Congress indicated that the Commission was to specifically consider: 1) whether to
account for the fact that an antenna can be mounted on a roof or placed in a home and can be fixed or capable of
rotating, 2) whether there is a wide variation in the ability of reasonably priced consumer digital television sets to
receive over-the-air signals such that at a given signal strength some may be able to display high-quality pictures
while others may not, whether such variation is related to the price of the television set, and whether such variation
should be factored into setting a standard for determining whether a household is unserved by an adequate digital
signal, and 3) whether to account for factors such as building loss, external interference sources, or undesired signals
from both digital television and analog television stations using either the same or adjacent channels in nearby
markets, foliage, and man-made clutter. The Commission addressed these issues in its 2005 Report to Congress, 20
FCC Rcd 19504 (2005) at 21-45.
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in the 2005 Report to Congress that the existing DTV planning factor assumptions for antenna gain,
orientation, and placement were appropriate and should not be altered.42 It also specifically concluded
that the digital television signal strength standards in the Commission's rules should not be modified to
account for the fact that an antenna can be mounted on a roof or placed within a home and can be fixed or
capable of rotating.43 In this regard, it concluded that it would be impractical to attempt to account for
indoor reception conditions in the DTV planning factors and also stated that it would be impracticable to
establish a regime whereby households with indoor antennas are subject to different signal strength
standards than those with outdoor antennas. It noted that difficulty would arise in setting and applying
standards for situations in which a household could not use an outdoor antenna.
22.
In view of the Commission's findings in the 2005 Report to Congress and the relevance
of those findings to the digital signal intensity standard that Congress specified in the STELA, we believe
that the current standard for an outdoor antenna as specified in the DTV planning factors should be used
in predicting digital television signal strengths at individual locations. We are therefore proposing to
include that outdoor antenna standard (with some adjustments for height consistent with the analog ILLR
model44) in the new digital TV ILLR model that will be used in making distant signal eligibility
determinations under the STELA. We also believe that it would be appropriate to use the receive antenna
gain and front-to-back ratios specified in the planning factors for the performance capabilities of the
outdoor receive antenna used in making predictions, as those values are consistent with the DTV noise-
limited service contour standard in Section 73.622(e)(1) and outdoor antennas performing at (or better)
than those values are readily available.45 We request comment on these proposals, including whether we
should adopt gain and front-to-back specifications for the receive antenna that are different from those set
forth in the planning factors.
23.
Using the outdoor model may result in instances where a consumer who either cannot use
an outdoor antenna or cannot receive service using an outdoor antenna46 and is not able to receive a
station's service with an indoor antenna will be found ineligible for satellite delivery of a distant network
signal. We remain concerned about such instances, and therefore are again inviting comment and
suggestions and new information that would provide a solution for those satellite television subscribers
who are either not able to use an outdoor antenna or cannot receive service using an outdoor antenna and
cannot receive service with an indoor antenna. In this regard, we are particularly interested in new ideas
and information that have been developed in the time since the 2005 Report to Congress. For
commenters who advocate including an indoor antenna in the model, we request detailed technical
information regarding the specific standards to be used for all aspects of the transmission path including
antenna characteristics, building penetration loss, multipath effects, etc. In addition, such commenters
should provide detailed information regarding how those parameters should be applied within a standard


42 The full text of the Commission's findings with regard to TV receive antenna issues is set forth in the 2005 Report
to Congress
, 20 FCC Rcd 19525-19527.
43 47 U.S.C. 339(c)(1)(B)(i).
44 The standard has been to use an antenna height of 6 meters (20 feet) for a one-story building and 9 meters (30
feet) for taller buildings.
45 The DTV planning factors specify receive antenna gain values of 4 dBd, 6 dBd, and 10 dBd, and front-to-back
ratios of 10 dB, 12 dB, and 14 dB for low-VHF, high-VHF and UHF channels, respectively. See OET Bulletin No.
69 at Table 3.
46 For example, a satellite subscriber may only have the option of placing an antenna on the south side of a building
along with the satellite dish and be unable to receive over-the-air reception from stations broadcasting from the
north.
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model given the variety of situations that could arise, and how to develop a model that would also be
valid for consumers with outdoor antennas. We seek comment on how to develop a model that could
vary depending on whether the subscriber lives in a multiple dwelling unit or a single family home, or
whether the household is in an urban area or in a rural area. Further, we seek comment on how to ensure
that such a flexible model would not be abused by specification of incorrect parameters describing the
location for which a prediction is to be made.
24.
Time and Location Variability Factors. Consistent with our findings in the 2005 Report
to Congress, as discussed below, we are proposing to modify the time variability factor of the SHVIA
ILLR model to 90% as used in the DTV planning factors and to continue to use 50% as the location
variability in the digital TV ILLR model. We request comment on these proposals. Parties commenting
on this issue who believe that alternative specifications for the time and location variability factors should
be used are requested to provide new information, data and analyses that were not available at the time of
the Inquiry to support their positions.
25.
The field strength of television signals, like that of other radiofrequency signals, varies
with time and location. That is, television signal strengths vary over time at the same location and also
vary from location to location, often very short distances apart, when observed at the same time. These
variations of field strength with time and location are incorporated into the television planning models.
For analog TV, the SHVIA ILLR model defines service using the F(50,50) field strength curves. We note
that DTV service differs in that it is based on use of F(50,90) field strength curves, as derived from the
F(50,50) and F(50,10) field strength curves in Section 73.699 of our rules, to define a DTV station's
noise-limited contour.47 The F(50,90) service contour means at least 50% of the locations can be
expected to receive a signal that exceeds the field strength value at least 90% of the time. We also note
that the field strength standard for analog reception (the Grade B contour value) incorporates an
adjustment to raise the F(50,50) values to F(50,90).
26.
In comments responding to the SHVERA Inquiry preceding the 2005 Report to
Congress, EchoStar and H&E argued that the time variability assumption that a signal is available at least
90% of the time should be increased to 99% to avoid time periods when the signal would not be available.
H&E submitted that it had collected temporal data on the amplitudes of fourteen DTV signals that could
be received at its Sonoma, California offices and it found that variation in signal strength around the
median for six of the stations to be about 3.5 dB and 4.9 dB for 90% probability at high VHF and UHF,
respectively. It argued that 4.7 dB and 17.5 dB would need to be added to the high VHF and UHF signal
strength standards to increase to the 99% probability level. Broadcasters, as represented by the consulting
engineers Meintel, Sgrignoli and Wallace (MSW), the NAB and the Network Affiliates opposed such
changes, arguing that the statistical nature of the probability function means that any dips below the
digital signal strength threshold will be randomly spaced over very long time periods and thus have no
meaning in the sense of a consecutive time period. They submitted that it would be unfair to broadcasters
to change the statistical definition of DTV service in that a change to 99% probability would greatly
shrink local service areas.
27.
The Commission did not find EchoStar's and H&E's position on changing the time
variability factor values for DTV persuasive. In this regard, it noted that radiofrequency signal
propagation is always statistical in nature and that the power and/or antenna height needed to approach


47 See 47 C.F.R. 73.699, Figures 9-10c. In the case of analog TV service, the median F(50,50) planning factors
include adjustments to the time variability factors in order to provide for service at 50% of locations 90% of the
time. Those values subtract 6 dB at low VHF, 5 dB at high VHF, and 4 dB at UHF to the F(50,90) contour values to
define the F(50,50) analog Grade B contour values given in the rules.
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100% reliability increases in a non-linear manner. The Commission also observed that the current values
were established based on an industry-Government consensus that relied on the traditional TV service
model that worked well for analog TV service and that, as argued by the broadcasters, changing the time
variability factor values to 99% reliability would greatly shrink local DTV service areas. It further
observed, as pointed out by MSW, that the assumed 10% reduction in service availability occurs at the
outermost limit of a station's service area and is not the typical figure for time reliability across a station's
entire service area. As the distance to a station's transmitter decreases, time availability increases. The
Commission stated that households at the edge of a station's service area could also improve their
reception (and thereby reduce or eliminate periods when the station's signal is not available) by mounting
their antennas higher, using higher gain antennas, or using low-noise pre-amplifiers at their antennas. No
commenter suggested changing the location variability factor and the Commission stated that it knew of
no considerations that would lead it to recommend changing from the current median value for this factor.
We seek comment on whether there should be any changes to this factor in the context of digital signals,
which are subject to the so-called cliff effect.48
28.
Land Use and Land Cover Factors. The land use and land cover ("LULC") data provides
information on building structures and other man-made terrestrial features and on other land cover
variations such as forests and open land that can affect radio propagation. Inclusion of this data in the
prediction methodology of the SHVIA ILLR TV computer model significantly enhanced the accuracy and
reliability of its signal strength predictions. The method for considering these land cover factors is to
assign certain signal loss values, in addition to those already implicit in the model, as a function of the
LULC category of the reception point.49 More specifically, the field strength predicted by the basic
Longley-Rice model is reduced by the clutter loss value associated with the respective LULC category.50
Reception point environments at individual locations are classified in terms of the codes used in the
LULC database of the United States Geological Survey (USGS).51
29.
We are proposing to continue to apply the LULC categories and clutter loss values for
describing land use and land cover features in the digital TV ILLR model in the same manner as currently
incorporated into the SHVIA ILLR model. These values were specified in the SHVIA First Report and
Order
.52 We recognize that these parameters were the subject of differing views in the inquiry we
conducted in preparing the 2005 Report to Congress. Therein, we concluded that the clutter loss values
used in the current SHVIA ILLR model strike the correct balance, noting that this has been borne out by
the data on the model's performance, which shows that using the values adopted by the Commission for
the SHVIA ILLR model produce approximately an equal number of over-predictions as under-
predictions.53 Thus, we have found a range of values, including zero, that correspond to different land


48 The "cliff-effect" is a characteristic of digital television service whereby the picture and/or audio are lost quickly
and completely when the signal level falls below the minimum threshold needed for service. This contrasts with the
gradual degradation of picture and audio quality with lower signal levels that occurs with analog television service.
49 A full description and discussion of the modifications that were made to the Longley-Rice 1.2.2 model to include
the LULC data is provided in the SHVIA First Report and Order, 15 FCC Rcd 12122-12127.
50 The current 10 environmental LULC classes and values used with the SHVIA ILLR model are shown in Tables 2
3 of OET Bulletin No. 72.
51 The LULC database is provided by the USGS. See USGS website at
http://edcwww.cr.usgs.gov/glis/hyper/guide/1_250_lulc.
52 See SHVIA First Report and Order, 15 FCC Rcd 12126.
53 See 2005 Report to Congress, 20 FCC Rcd 19569.
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cover types are valid. We also observe that the Commission further indicated that it believed that for any
digital model that may be developed, the values currently in use for the analog model would similarly
yield accurate results. We request comment on the appropriate clutter loss values for predicting digital
television field strengths. We are particularly interested in new information and data that may have been
developed since 2005. In this regard, we also request comment and information regarding any of the
additional LULC categories and data that, at the time of our development of the SHVIA ILLR model,
were yet to be evaluated and accepted by the scientific and technical community and have since become
accepted by that community.
30.
Analog Low Power TV and TV Translator Stations. With respect to the continued
operation of analog Low-Power Television (LPTV), Class A, and TV Translator stations that retransmit
in analog format the content of local digital network-affiliated television stations, we tentatively conclude
that the existing predictive methods specified in FCC OET Bulletin No. 72 should continue to apply. The
STELA requires the Commission "... to account for the continuing operation of translator stations and
low power television stations."54 Although all full-service television stations were converted fully to
digital operation by June 12, 2009, LPTV, Class A, and TV Translator stations were not required to
convert and most of those stations continue to broadcast in analog format. For those stations, we believe
that there is no reason to change the SHVIA ILLR model that has been in use for several years, and so
propose to continue to specify the procedure described in OET-72 for determining the eligibility of
viewers with respect to those analog stations.
31.
Procedure for Continued Refinement of the Digital TV ILLR Model. As indicated above,
the STELA requires that the Commission establish procedures for continued refinement in the application
of the digital TV ILLR model through use of additional data as it becomes available. We believe the most
efficient, effective, fair, transparent and timely approach for revising the digital TV ILLR model if new
information becomes available is to hold open the docket in this proceeding and conduct further rule
making to consider possible changes to OET Bulletin No. 73 (which will describe the model and be
referenced in our rules) to implement improvements to the model. This proposal is consistent with the
Commission's past action concerning the SHVIA model. Given that the model will be incorporated into
our rules, we believe that this proposal also is consistent with the requirements of Section 553 of the
Administrative Procedures Act.55
Under this proposal, parties with new data, analysis or other
information relating to improving the predictive model could submit requests to modify the model under
the instant docket. OET would evaluate such requests and prepare a Notice of Proposed Rulemaking for
consideration by the Commission. The Commission also could initiate rulemaking action on its own
motion. We invite comment on this proposal to use our standard notice and comment rulemaking
procedure for updating the digital TV ILLR model and its applications and also ask for suggestions for
modifications and alternative plans. Stations to Consider for Distant Signals. We do not propose to
modify the proposed digital TV ILLR model to address the STELA provision that a subscriber is eligible
for delivery of distant network signals only if he or she is unserved by stations located in the same DMA.
As discussed above, under the SHVIA and the SHVERA, the predicted signal strengths of all the stations
affiliated with the same network were considered, regardless of those stations' DMAs.56 That is, if a
satellite subscriber wanted to receive the distant signal of the XYZ network, then the predicted results
from any XYZ network affiliated stations would be analyzed for that subscriber's location and if one or


54 See 47 U.S.C. 339(c)(A)(3)(A), as amended by STELA section 204.
55 See 5 U.S.C. 553.
56 See previous definition of "unserved household" in 17 U.S.C. 119(d)(10)(A), prior to amendment by STELA
section 102.
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more of those affiliated stations were predicted to deliver a signal of the requisite intensity, the subscriber
would be predicted "served" by that network and not eligible for a distant signal from that network unless
each of the stations predicted to serve the subscriber granted a waiver.57 The STELA changes this regime
by specifying that only "local" stations are to be considered, i.e., stations that are located in the same
DMA as the satellite subscriber instead of examining any station of the same network regardless of
DMA.58
32.
Rather than modify the proposed digital TV ILLR model itself to address this change, we
propose to change the way the model's results are to be used. That is, instead of considering any network
station that the model predicts to be available in the determination of a subscriber's eligibility for a distant
signal, we propose to require satellite carriers to consider only the signals of network stations located in
the subscriber's DMA. We seek comment on this proposal. We note that this statutory change will
reduce the number of stations that need to be considered when determining eligibility for distant network
signals and thereby also reduce the burden associated with waiver requests by reducing the number of
stations from which a waiver would have to be requested. As noted below, this statutory change will also
reduce the testing burden. We also seek comment on any other methodological or other changes the
Commission should consider to minimize consumer burdens.

B.

On-Site Signal Measurement Further Notice of Proposed Rulemaking

33.
As indicated above, the STELA, similar to the SHVERA, provides that if the ILLR
model predicts that a satellite subscriber receives a local network station of sufficient field strength, the
subscriber may request an on-site signal strength test to determine definitively whether a local signal can
be received at his/her location at the specified signal intensity and directs the Commission to complete its
rulemaking proceeding in ET Docket No. 06-94 on establishment of a measurement procedure.59 The
procedure is to be used to determine whether the signal of a network-affiliated station is of sufficient
intensity (field strength) to be received at the subscriber's location, i.e., meets or exceeds the standard in
Section 73.622(e)(1) of our rules. Essentially, the measurement procedure provides an option for
obtaining an empirical, rather than predictive, determination of the signal strength available at a location.
The results of measurements would be considered more accurate than the results of the predictive model
in all cases. Because the measurement procedure and predictive model are both intended to determine the
same issue, the underlying service model and planning factors on which each is based need to be
consistent (and our proposals for the predictive model herein and for the measurement procedure in the
SHVERA NPRM use the same service model/planning factors).
34.
The STELA raises three issues regarding the measurement procedure not addressed in the
SHVERA NPRM: 1) the stations whose signals are to be measured; 2) the antenna to use in performing
on-location testing; and 3) the program stream from a station in the market to be measured.60 Generally,
the commenting parties in ET Docket No, 06-94 agreed with our proposals to largely base the
measurement procedures for digital television signals on those already in use for measuring analog signals
with specific modifications to account for the differences between analog and digital television signals.
We seek comment on any new developments or changed positions in order to update the record. To the
extent that commenters' positions remain the same, they need not submit additional or repetitive


57 47 U.S.C. 339(c)(2).
58 See note [26], supra.
59 See STELA, section 204(b)(2)(A), amending Section 339(c)(3)(B) of the Communications Act.
60 See note [31], supra.
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comments reiterating information and positions that were previously filed.
35.
Stations to be Tested. As indicated above, the STELA differs from the SHVIA and
SHVERA in that it specifies that only "local" stations, i.e., stations located within the same DMA as the
subscriber's household, are to be considered in determining a subscriber's eligibility. This change
similarly affects the measurement procedures. Previously, a testing entity had to measure the signals of
all stations affiliated with a specific network. However, under the STELA, a testing entity is to consider
only the signals of those network-affiliated stations that are located in the same DMA as the satellite
subscriber. We propose to modify our proposed rules for measurement of DTV signals for purposes of
determining eligibility for delivery of distant network signals by satellite providers to incorporate this
change.61 We seek comment on this proposal. As noted above, the statutory change could reduce
burdens on both testers and consumers as fewer stations would need to be tested, which should result in
lower costs for consumers and consume less time. Consistent with the STELA's direction that we seek
ways to minimize consumer burdens associated with on-location testing, we request comment and
suggestions regarding steps we could take to further minimize the burden of on-location testing on
consumers.
36.
Indoor Measurements. We propose the same approach with regard to measurement of
digital television signal strengths as proposed above with regard to the digital TV ILLR model: to limit
measurement to outdoor antennas. The discussion in the SHVERA NPRM only addressed outdoor signal
measurements, as the SHVERA specified use of an outdoor antenna. In view of the above-discussed
change in the STELA from the term "conventional, stationary, outdoor rooftop receiving antenna" to the
term "antenna," we are revisiting the issue of the antenna to be used in testing. The principal alternative
to a conventional, stationary outdoor antenna that is currently used by consumers is a moveable indoor
antenna. As noted in the NPRM discussion above, in the 2005 Report to Congress the Commission
concluded that many factors make it impractical to develop a simple, reliable and accurate model of
indoor television reception. Those same factors, including the performance expected of an indoor
antenna, the placement of the antenna, and the location within a structure or room where the antenna is
located make it difficult to develop an indoor television signal measurement procedure. First, because of
the variability of indoor reception conditions across different structures and in different rooms and
locations within the same structure, there is no standard model and planning factors for indoor reception,
and in particular there is no standard antenna specification for such reception.62 The wide variation in
indoor viewing situations makes it difficult to specify a standard model that meaningfully relates to any
typical indoor viewing location. In addition, the performance of indoor antennas available to consumers
varies significantly. Second, signal strengths typically vary significantly at different locations within a
room and so there is the question of where to place the antenna - should it be in the center of the room,
next to a wall or a window, or at the location of the television? What if the consumer changes the
location of the television in the future? Also, there are questions regarding antenna height. Should the


61 In the ET Docket No. 06-94, the Commission proposed to add a new paragraph 73.686(e) incorporating rules for
conducting DTV field strength measurements. We now propose to modify the proposed rule 73.686(e)(iii) of that
NPRM to read as follows: (iii) Multiple signals. (1) If more than one signal is being measured (i.e., signals from
different transmitters), use the same locations to measure each signal. (2) For establishing eligibility of a satellite
subscriber to receive distant network signals, only stations affiliated with the network in question that are located in
the same Nielson Designated Market Area (DMA) may be considered and tested.
62 The outdoor DTV antenna planning factors include antenna gain of 4 dBd, 6 dBd, and 10 dBd for Low VHF,
High VHF, and UHF, respectively, downlead line loss of 1 dB, 2 dB, and 4 dB for Low VHF, High VHF, and UHF,
respectively, antenna height of 10 meters, and front-to-back ratios of 10 dB, 12 dB, and 14 dB for Low VHF, High
VHF, and UHF, respectively. See OET Bulletin No. 69, "Longley-Rice Methodology for Evaluating TV Coverage
and Interference," February 06, 2004.
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testing antenna be placed one or two meters or some other distance above the floor?
37.
In addition to the practical difficulties of specifying a standard model for indoor
reception, as discussed above, the signal intensity standard in Section 73.622(e)(1) assumes an outdoor
antenna. For these reasons, we are proposing not to specify a procedure for indoor measurement of DTV
signal strengths. We are, however, requesting comments and suggestions for alternative approaches for
making eligibility determinations for situations where consumers are not able to use an outdoor antenna to
receive local television signals. Such approaches could include options for measurement of signals
indoors. Commenters advocating development of a procedure for indoor measurement of DTV signals
should provide detailed technical information on all aspects of such procedures, including a standard
indoor antenna and specific measurement procedures that address the considerations indicated above.
Such parties are also requested to specify proposals for indoor measurement that would be suitable for
adoption into our rules.
38.
Multicast signals. We tentatively conclude not to adopt special testing procedures to
measure network signals that are transmitted on multicast streams, rather than on a primary stream. The
testing protocol measures a station's signal at the subscriber location. Whether the station's signal
includes one or more program streams or networks, there is no change needed in the test employed
because the presence of multiple streams has no bearing on the signal intensity or receivability. We
believe the tester, the satellite carrier and the network affiliate involved in the conduct of the test will be
able to identify the network affiliates in the broadcast signal. If the signal is found to be available at the
subscriber location at the requisite intensity, then any and all of the networks in that signal will likewise
be available. If the station's signal is not found to be present at the requisite intensity, the subscriber will
be unserved with respect to the networks broadcast on the streams in that signal, unless the subscriber
receives a signal of sufficient strength from another local station affiliated with the same network or
networks. We seek comment on this tentative conclusion.

IV.

PROCEDURAL MATTERS

A.

Initial Regulatory Flexibility Certification

39.
The Regulatory Flexibility Act of 1980, as amended (RFA),63 requires that an initial
regulatory flexibility analysis be prepared for notice and comment rulemaking proceedings, unless the
agency certifies that "the rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities."64 The RFA generally defines the term "small entity" as having the
same meaning as the terms "small business," "small organization," and "small governmental
jurisdiction."65 In addition, the term "small business" has the same meaning as the term "small business
concern" under the Small Business Act.66 A "small business concern" is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria


63 The RFA, see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act
of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
64 5 U.S.C. 605(b).
65 5 U.S.C. 601(6).
66 5 U.S.C. 601(3) (incorporating by reference the definition of "small business concern" in the Small Business
Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies "unless an
agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity
for public comment, establishes one or more definitions of such term which are appropriate to the activities of the
agency and publishes such definition(s) in the Federal Register."
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established by the Small Business Administration (SBA).67
40.
In the Notice, we propose to amend our rules to prescribe a point-to-point predictive
model for reliably and presumptively determining the ability of individual locations, through use of an
antenna, to receive signals in accordance with the signal intensity standard in Section 73.622(e)(1) of the
Commission's rules, 47 C.F.R. 73.622(e)(1), or a successor regulation, including the ability to account
for the continuing operation of low power television and TV translator stations.
41.
Television station licensees, Direct Broadcast Satellite (DBS) operators, and other Direct
to Home (DTH) Satellite operators may use the proposed technique to establish the eligibility or non-
eligibility of individual households for satellite delivery of distant television programming. These
determinations will usually be made at the point of sale of satellite receiving equipment for homes and
will tend to increase the number of eligible customers. The changes we propose are of a technical,
scientific nature, without a substantial economic impact. In addition, the primary economic impact of
these proposals will be their indirect effect on individual consumers.
42.
Therefore, we certify that the proposals in this Notice of Proposed Rulemaking, if
adopted, will not have a significant economic impact on a substantial number of small entities. If
commenters believe that the proposals discussed in the Notice require additional RFA analysis, they
should include a discussion of these issues in their comments and additionally label them as RFA
comments. The Commission will send a copy of the Notice, including a copy of this initial certification,
to the Chief Counsel for Advocacy of the SBA.68 In addition, a copy of the Notice and this initial
certification will be published in the Federal Register.69

B.

Further Initial Regulatory Flexibility Act Analysis

43.
Further Initial Regulatory Flexibility Analysis. As required by the Regulatory Flexibility
Act of 1980, as amended (RFA),70 the Commission has prepared a Further Initial Regulatory Flexibility
Analysis (Further IRFA) of the possible significant economic impact on a substantial number of small
entities by the policies and rules proposed in this Further Notice of Proposed Rulemaking (Further Notice).
The Further IRFA is set forth in Appendix C. Written public comments are requested on this Further IRFA.
Comments must be identified as responses to the Further IRFA and must be filed by the deadlines for
comments on the Further Notice. The Commission will send a copy of this Further Notice, including this
Further IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).71 In
addition, the Further Notice and Further IRFA (or summaries thereof) will be published in the Federal
Register.72

C.

Paperwork Reduction Act Analysis

44.
This document does not contain proposed information collection(s) subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain


67 15 U.S.C. 632.
68 See 5 U.S.C. 605(b).
69 See 5 U.S.C. 605(b).
70 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
71 See 5 U.S.C. 603(a).
72 Id.
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any new or modified "information collection burden for small business concerns with fewer than 25
employees," pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4).

D.

Filing Requirements

45.
Ex Parte Rules Permit-But-Disclose Proceeding. This is a permit-but-disclose notice
and comment rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine
Agenda period, provided they are disclosed as provided in the Commission's rules. See generally
47 C.F.R. 1.1202, 1.1203, and 1.1206(a).
46.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using: (1) the Commission's Electronic Comment Filing
System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal:
http://www.regulations.gov.

Paper Filers: Parties who choose to file by paper must file an original and four copies of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
47.
For further information, contact Alan Stillwell, Office of Engineering and Technology,
(202) 418-2925 or Robert Weller, Office of Engineering and Technology, (202) 418-7397.

V.

ORDERING CLAUSES

48.
Accordingly, IT IS ORDERED that pursuant to Sections 1, 4, 301, and 339(c)(3) of the
Communications Act of 1934, as amended, 47 U.S.C. Sections 151, 154, 301, 339(c)(3), and Section
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119(d)(10)(a) of the Copyright Act, 17 U.S.C. 119(d)(10)(a), this NOTICE OF PROPOSED
RULEMAKING and FURTHER NOTICE OF PROPOSED RULEMAKING IS HEREBY ADOPTED.
49.
IT IS ALSO ORDERED that the Commission's Consumer and Governmental Affairs
Bureau, Reference Information Center, SHALL SEND a copy of this NOTICE OF PROPOSED
RULEMAKING and FURTHER NOTICE OF PROPOSED RULEMAKING, including the Initial
Regulatory Flexibility Certification, and Further IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
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APPENDIX A

Proposed Rules

For the reasons set forth in the preamble, the Federal Communications Commission proposes to amend
Part 73 of title 47 of the Code of Federal Regulations to read as follows:

PART 73 RADIO BROADCAST SERVICES

1. The authority citation for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
2. Section 73.683(d) is amended to read as follows:
(d) For purposes of determining the eligibility of individual households for satellite retransmission of
distant network signals under the copyright law provisions of 17 U.S.C. 119(d)(10)(A), field strength
shall be determined by the Individual Location Longley-Rice (ILLR) propagation prediction model.
Guidance for use of the ILLR model for these purposes in predicting the field strength of analog
television signals is provided in OET Bulletin No. 72 (stations operating with analog signals include some
Class A stations licensed under Part 73 of this chapter and some low power TV and TV translator stations
licensed that operate under Part 74 of this chapter). Guidance for use of the ILLR model for these
purposes in predicting the field strength of digital television signals is provided in OET Bulletin No. 73
(stations operating with digital signals include all full service stations and some Class A stations that
operate under Part 73 of this chapter and some low power TV and TV translator stations that operate
under Part 73 or Part 74 of this chapter). OET Bulletin No. 72 and OET Bulletin No. 73 are available at
the FCC's Headquarters Building, 445 12th St., SW, Reference Information Center, Room CY-A257,
Washington, DC, or at the FCC's Office of Engineering and Technology (OET) webs site:
http://www.fcc.gov/oet/info/documents/bulletins/.
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APPENDIX B

Proposed OET Bulletin No. 73

"The ILLR Computer Program
for Predicting DTV Coverage"
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THE ILLR COMPUTER PROGRAM

FOR PREDICTING DTV COVERAGE

INDIVIDUAL LOCATIONS

July 15, 2010
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I. Introduction

In the Satellite Television Extension and Localism Act of 2010 (STELA), Congress instructed the
Commission to "develop and prescribe by rule a point-to-point predictive model for reliably and
presumptively determining the ability of individual locations, through the use of an antenna, to receive
digital television broadcast signals of network affiliated stations in accordance with the signal intensity
standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or a successor regulation."1 As
codified in Section 339(c)(3) of the Communication Act, this law further provides that "[i]n prescribing
such model, the Commission shall rely on the Individual Location Longley-Rice [ILLR] model set forth
by the Federal Communications Commission in Docket No. 98-201 and ensure that such model takes into
account terrain, building structures, and other land cover variations."2
Terrain features (such as hills),
buildings, and land cover (such as forests) have a major effect on the strength of received signals, and
Congress instructed the Commission to make the predictive model as accurate as possible by taking these
factors into account. In the Satellite Home Viewer Improvement Act of 1999 (SHVIA), Congress
previously required that, in determining household eligibility for reception of satellite retransmission of
analog TV broadcast network signals, the courts rely on the ILLR model for making a presumptive
determination of whether a household is capable of receiving the over-the-air signal of the local station
affiliated with that network with at least a certain threshold intensity of signal strength.3
This bulletin publishes the detailed definition on the model for making point-to-point predictions of the
intensity of digital television (DTV) signals adopted by the Commission as prescribed under the STELA.
The model uses an ILLR computer program for DTV stations that is based generally on the ILLR
program for analog stations previously-established by the Commission in the SHVIA First Report and
Order
in ET Docket No. 00-11 adopted May 22, 2000.4 This new version of the ILLR computer program
computes the predicted signal strength of DTV stations as received over-the-air at individual viewing
locations. Individual locations where a network TV signal is below the prescribed signal strength level
are eligible to receive distant network broadcast as subscribers of satellite TV services. The program is
used by Satellite TV service providers to determine whether particular TV network signals may be
included in the package of channels delivered to individual subscribers. To facilitate use of the program
by others, this bulletin provides details for combining the program elements on other computers.
As defined by STELA, a viewer location is "served," or "unserved," depending on whether the signal
strength received at that location is at least equal to, or is less than, the noise-limited service level with a


1 See Satellite Television Extension and Localism Act of 2010, Title V of the American Workers, State, and
Business Relief Act of 2010 ("STELA"), Pub.L. 111-175, 124 Stat. 1218 (2010) relating to copyright licensing and
carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C; see also 47
C.F.R. 73.622(e)(1).
2 In CS Docket No. 98-201 the Commission endorsed a prediction procedure it referred to as the Individual
Location Longley-Rice model. See Satellite Delivery of Network Signals to Unserved Households for Purposes of
the Satellite Home Viewer Act; Part 73 Definition and Measurement of Signals of Grade B Intensity
, adopted
February 1, 1999, 14 FCC Rcd 2654 (1999).
3 Satellite Home Viewer Improvement Act of 1999 (SHVIA), Pub.L. 106-113, 113 Stat. 1501, 1501A-526 to
1501A-545 (Nov. 29, 1999), codified in the Communications Act at 47 U.S.C. 339(c)(3). 17 U.S.C.
119(a)(2)(B)(ii)(I).
4 See Report and Order in CS Docket No. 98-201 (SHVA Report and Order), 14 FCC Rcd 2654 (1999).
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certain statistical probability as set forth in FCC Rules.5 A location found by the ILLR prediction
program to be "served" by the signal of a network affiliate station is not entitled to receive satellite
transmission of that same network programming. To complement this predictive model, the STELA also
mandated establishment of a procedure for on-site testing that may be used for empirically determining
signal intensity levels when satellite carriage of network is denied to a subscriber as a result of a
predictive determination by the ILLR program. The Commission's on-site measurement procedure for
digital television signals as prescribed under the STELA is set forth in Section 73.686 of the rules.6

II. The Individual Location Longley-Rice (ILLR) Computer Program for DTV Stations

A. Availability of Software and Databases

Software and Computer Database Requirements to Implement the ILLR Program model are available
from the Department of Commerce as discussed below. The software must be combined with terrain
elevation data and also with a database describing the local environment of building structures and
vegetation. Terrain elevation data and the Land Use and Land Clutter (LULC) database are both
available from the U.S. Geological Survey (USGS). To set up a program to run, the source code for the
Department of Commerce's Longley-Rice radio propagation prediction model must be compiled with
specific parameter values and linked with the terrain elevation data. Finally, a computerized lookup table
of local environment values must be constructed from the USGS LULC database. A computer program
complying with the technical details specified herein will qualify as the Individual Location Longley-Rice
(ILLR) propagation prediction model for DTV stations.

B. Using the ILLR Computer Program

A determination of the served or unserved status of a particular location is made by finding its latitude
and longitude coordinates (typically using GPS, maps or geocoding services) and technical information
about the desired network affiliated broadcasting station. The ILLR computer program is applied using
this information.

C. Implementation of Computer Source Code

Computer code for the Longley-Rice radio propagation prediction model is published in an appendix to
NTIA Report 82-100, A Guide to the Use of the ITS Irregular Terrain Model in the Area Prediction
Mode
, authors G.A. Hufford, A.G. Longley and W.A. Kissick, U.S. Department of Commerce, April
1982. The report may be obtained online from the U.S. Department of Commerce, or from the National
Technical Information Service, Springfield, Virginia, by requesting Accession No. PB 82-217977. Some
modifications to the code were described by G.A. Hufford in a memorandum to users of the model, dated
January 30, 1985. With these modifications, the code is referred to as Version 1.2.2 of the Longley-Rice
model. It is available for downloading at the U.S. Department of Commerce Web site,
http://flattop.its.bldrdoc.gov/itm.html. This computer software model, when used with the appropriate
parameters, is the ILLR model.


5 See 47 C.F.R. 73.622(e). The signal strength values for noise-limited digital television service are 28 dBV/m
for TV channels 2-6; 36 dBV/m for channels 7-13; and 41 dBV/m (adjusted by a dipole factor equal to 20 log
[615/(channel mid-frequency in MHz)] for channels 14 and above. These signal strength values are to be used in all
cases, whether the DTV station is full-service, Class A, Low Power, or a DTV Translator.
6 See 47 C.F.R. 73.686.
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The ILLR model was adopted for STELA purposes based on the Commission's experience with using the
Longley-Rice radio propagation prediction model for predicting service and interference for digital
television (DTV). The parameters to be used in a computer implementation of the ILLR model for
STELA purposes are mostly the same as were used for DTV service and interference analysis purposes,
with only a few exceptions, stemming from their somewhat different objectives. Specific parameter
values for the ILLR model are given in Table 1 and the text below:

Table 1.

Parameter Values for ILLR Implementation of the Longley-Rice Fortran Code

Parameter Explanation
Value
Units
EPS
Relative Ground Permittivity
15.0
(none)
SGM
Ground Conductivity
0.005
Siemens/meter
ZSYS
(Coordinated with EN0)
0.0
(none)
EN0
Surface refractivity
301.0
N-units
IPOL
Polarization
0
(horizontal)
MDVAR
Calculation Mode
1
(Individual Mode)
KLIM
Climate Code
5
(Continental Temperate)
XI
Terrain sampling interval
0.1
Kilometers
HG(1)
Transmit antenna height above ground See note Meters
HG(2)
Receive antenna height above ground
6 or 9
Meters
Note 1. HG(1) in Table 1 is the height of the radiation center above ground. It is determined by
subtracting the ground elevation above mean sea level (AMSL) at the transmitter location from the height
of the radiation center AMSL. The latter value is contained in the FCC's CDBS, and may be found by
query at http://www.fcc.gov/mb/video/tvq.html. The former is retrieved from the terrain elevation data
base as a function of the transmitter site coordinates also found in CDBS. Linear interpolation between
the surrounding data points in the terrain database is used to determine the ground elevation. Care should
be used to ensure that consistent horizontal and vertical datums are employed among all data sets.
Note 2. HG(2) is 6 m or 9 m. Use 6 m for a one-story building, otherwise use 9 m.
Following are the parameters that describe the unique features of the ILLR prediction procedure for
STELA purposes (these distinguish the ILLR model from the use of Longley-Rice for digital television
coverage and interference calculations as detailed in OET Bulletin No. 69):
the time variability factor to be used is 90%, based on the fact that the ILLR field strength prediction is
to be compared with a required field strength (the noise-limited field intensity defined in Section
73.622(e) of the FCC rules);
the confidence variability factor to be used is 50%, indicating median situations;7
receiving antenna height is to be assumed to be 6 m (20 feet) above ground for one-story buildings and
9 m (30 feet) above ground for buildings taller than one-story;


7 When point-to-point mode is used, as in ILLR, there are well-defined paths with fixed terminals, so there is no
location variability. There is still a "confidence" or "situational" variability factor, which is taken here to be 50%.
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in those cases that error code 3 occurs (KWX = 3), the predicted field strength is nevertheless to be
accepted as indicative of whether the noise-limited field strength is available at that location;
consideration of the land use and land cover (e.g., vegetation and buildings) in the vicinity of the
receiving location is to be included through use of a lookup table of clutter losses additional to those
inherent in the basic Longley-Rice v1.2.2 model. The lookup table must be constructed from information
on the Land Use and Land Cover categories defined by the United States Geological Survey. See Section
IV below.

D. Acquiring Terrain Elevation Data

Terrain elevation data for the United States is available from the United States Geological Survey (USGS)
in the form of elevations relative to mean sea level at grid points separated by 3 arc-seconds (roughly
every 100 feet at mid-latitudes of the U.S.). The Web site for obtaining these data directly from the
USGS is http://edc.usgs.gov/geodata/. The Commission currently uses digital elevation model (DEM)
data taken from 1:250,000 scale maps. The data are also available from several commercial sources.
Installation of the ILLR program necessarily entails a computer coding task to link the terrain elevation
data to the propagation prediction code. Computer program code must be developed to retrieve data
representing the elevations of points along the path from the network affiliate's transmitter to the
individual reception point of interest. To determine the elevation of a point at particular geographic
coordinates along the path, the elevation of points at each corner of the
3-arc-second grid surrounding that point should be retrieved. The elevation of that point is then
calculated by 4-point linear interpolation.
E. Acquiring TV Engineering Data
Engineering data for DTV stations in the U.S. (including digital Class A, Low Power, and TV Translator
stations) is available from the FCC. Data for individual stations can be found at
http://www.fcc.gov/mb/video/tvq.html, and consolidated data for all authorized stations can be found at
ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/. Where more than one authorization exists for a
particular station, the record associated with the facility actually operating shall be used. Calculation of
effective radiated power (ERP) in the direction of the individual location under study is accomplished
using the relevant antenna azimuth and elevation patterns (including beam tilt, if any) at the relevant
depression angle. Where specific elevation pattern data are not provided in the engineering data, a
generic elevation pattern may be used as described generally in OET Bulletin No. 69.

III. Land Use and Land Cover (LULC) Clutter Losses

A. Clutter Losses

The presence of foliage and man-made structures in the radio path tends to reduce the strength of received
signals. The Department of Commerce Longley-Rice code was developed from field strength
measurements in areas selected for the purpose of investigating effects of terrain elevation profiles, not
morphology. Thus, the ILLR computer program defined in this bulletin accounts for additional factors,
especially buildings and vegetation, as so-called "clutter losses." The clutter loss, if any, at an individual
reception location is determined by reference to the Land Use and Land Cover (LULC) database of the
USGS. This database is entered with the geographic coordinates of the reception point to find the point's
LULC classification and, subsequently, to determine a clutter loss value from Table 3. Finally, the clutter
loss is subtracted from the signal strength predicted by the basic propagation prediction code to determine
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whether the location is served or unserved.

B. Source of LULC Classification Data

The LULC database is available for downloading at the USGS Web site http://edc.usgs.gov/geodata/.
The FCC presently uses data from at the 1:250,000 scale. In the FCC's implementation of the ILLR
program, the LULC classifications are stored in a rasterized fashion like that used for terrain elevations.
That is, the classifications are stored as functions of the latitude and longitude coordinates of points of the
Universal Transverse Mercator (UTM) system with 200 meters between grid points. The classification of
the nearest grid point is then used as the classification of any particular latitude-longitude point.

C. LULC Categories of the ILLR Program

Since the LULC classifications of the USGS have a broader purpose and are not targeted for application
to radio propagation analyses, we have regrouped these classifications into more appropriate categories
for use in the ILLR program. Table 2 defines this regrouping. For each computer run of the program, the
appropriate ILLR clutter category number should be selected from Table 2 according to environmental
conditions in the vicinity of the individual reception point. The clutter loss value, if any, is then
determined as a function of the ILLR clutter category number and the channel number of the desired
network television affiliate, by referring to Table 3.
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Table 2.

Regrouping of LULC Categories for ILLR Applications

LULC

LULC Classification Description

ILLR

ILLR Clutter

Classification

Clutter

Category Description

Number

Category

11
Residential
7
Residential
12
Commercial and Services
9
Commercial / Industrial
13
Industrial
9
Commercial / Industrial
14
Transportation, communications & utilities
1
Open land
15
Industrial and commercial complexes
9
Commercial / Industrial
16
Mixed urban and built-up lands
8
Mixed urban / buildings
17
Other urban and built-up land
8
Mixed urban / buildings
21
Cropland and pasture
2
Agricultural
22
Orchards, groves, vineyards, nurseries,
2
Agricultural
and horticultural
23
Confined feeding operations
2
Agricultural
24
Other agricultural land
2
Agricultural
31
Herbaceous rangeland
3
Rangeland
32
Shrub and brush rangeland
3
Rangeland
33
Mixed rangeland
3
Rangeland
41
Deciduous forest land
5
Forest land
42
Evergreen forest land
5
Forest land
43
Mixed forest land
5
Forest land
51
Streams and canals
4
Water
52
Lakes
4
Water
53
Reservoirs
4
Water
54
Bays and estuaries
4
Water
61
Forested wetland
5
Forest land
62
Non-forest wetland
6
Wetland
71
Dry salt flats
1
Open land
72
Beaches
1
Open land
73
Sandy areas other than beaches
1
Open land
74
Bare exposed rock
1
Open land
75
Strip mines, quarries, and gravel pits
1
Open land
76
Transitional areas
1
Open land
77
Mixed Barren land
1
Open land
81
Shrub and brush tundra
1
Open land
82
Herbaceous tundra
1
Open land
83
Bare ground
1
Open land
84
Wet tundra
1
Open land
85
Mixed tundra
1
Open land
91
Perennial snowfields
10
Snow and Ice
92
Glaciers
10
Snow and Ice
This regrouping into 10 categories for use with the ILLR model was designed by EDX Engineering, Inc.,
now EDX Wireless, LLC, Eugene, Oregon.
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Table 3.

Clutter Loss as a Function of ILLR LULC Clutter Category and TV Channel

Clutter Loss, decibels

(to be subtracted from calculated field strength)

ILLR Clutter

ILLR Clutter

Channels

Channels

Channels

Channels

Category

Category Description

2-6
7-13
14-36
38-69
1
Open land
0
0
4
5
2
Agricultural
0
0
5
6
3
Rangeland
0
0
3
6
4
Water
0
0
0
0
5
Forest land
0
0
5
8
6
Wetland
0
0
0
0
7
Residential
0
0
5
7
8
Mixed Urban / Buildings
0
0
6
6
9
Commercial / Industrial
0
0
5
6
10
Snow and Ice
0
0
0
0

IV. Field Strength Calculation

The field strength of a network TV station at an individual location is predicted as follows:
1) Find the engineering facilities data for the network affiliate station of interest by, for example,
consulting the TV Query FCC Web site at http://www.fcc.gov/mb/video/tvq.html. Necessary technical
data include the station latitude and longitude, height above mean sea level of the antenna radiation
center, and the effective radiated power (ERP) in the direction of the individual location under study.
2) Run Longley-Rice v1.2.2 in point-to-point mode with the parameters specified in Section II.C. above
(Table 1 and the following text) to find the propagation path loss relative to free space propagation.
3) Find the USGS Land Use and Land Cover classification of the individual receiving location under
study by consulting the LULC database, available from the USGS.
4) Convert the USGS Land Use and Land Cover classification to the corresponding ILLR clutter
category using Table 2, and find the associated clutter loss from Table 3.
5) Calculate the ILLR field strength prediction from the formula
Field = (Free Space Field) (Longley-Rice 1.2.2 Path Loss) (ILLR Clutter Loss)
where the Free Space Field in dB = 106.92 + 10log10(ERP in kW) - 20log10(distance in km).
The field strength calculated in the last step determines whether the individual location is
presumed to be served or unserved. The signal strength values for noise-limited service are
28 dBV/m for TV channels 2-6; 36 dBV/m for channels 7-13; and 41 dBV/m (adjusted by a
dipole factor equal to 20 log [615/(channel mid-frequency in MHz)] for channels 14 and above.
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APPENDIX C

Further Initial Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act of 1980, as amended (RFA),1 the Commission has
prepared this present Further Initial Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on small entities by the policies and rules proposed in the Further Notice of Proposed
Rulemaking. (FNPRM). Written public comments are requested on this Further IRFA. Comments must
be identified as responses to the Further IRFA and must be filed by the deadlines specified on the first
page of this NPRM and FNPRM. The Commission will send a copy of this NPRM and FNPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).2 In
addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register.3

A. Need for and Objectives of the Proposed Rules

. In the NPRM portion of this action, we seek
comment on proposals for establishing a predictive model for determining the signal strength of digital
television signals, including low power TV stations (Class A, LPTV and TV translator stations), at
individual locations and for using that model to determine eligibility for delivery of distant network-
affiliated television broadcast signals by direct broadcast satellite services. In addition, we seek comment
on our proposal to continue to use the current standard for an outdoor antenna as specified in the DTV
planning factors in predicting digital television signal strengths at individual. In the FNPRM discussion,
we seek comment on two additional proposals relating to our proposed procedure for measurement of the
strength of digital television signals at individual locations in ET Docket No 06-94. First, consistent with
the new STELA provisions for eligibility, we propose to specify that a testing entity is to consider and test
only the signals of those network affiliated stations that are located in the same DMA as the satellite
subscriber. Second, we propose to specify the use of an outdoor antenna in measuring digital television
signal strengths and, consistent with the change in the STELA to specifying an "antenna" rather than an
"outdoor antenna," we also will consider comments and suggestions for solutions for situations where
consumers are not able to use an outdoor antenna to receive local television signals. We indicate that
such solutions could include options for measurement of signals indoors. This NPRM and FNPRM
begins the process of implementing requirements of the Satellite Television Extension and Localism Act
of 2010 (STELA).4

B. Legal Basis

: The legal basis for the rule changes proposed in the NPRM and FNPRM is
contained in Sections 1, 4(i) and (j), and 339 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i) and (j), and 339 (including amendments enacted in the Satellite Television Extension and
Localism Act of 2010).

C. Description and Estimates of the Number of Small Entities to Which the Rules Adopted in


this Notice may apply. The RFA directs agencies to provide a description of and, where feasible, an


1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, (SBREFA) Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
2 See 5 U.S.C. 603(a).
3 See 5 U.S.C. 603(a).
4 See Satellite Television Extension and Localism Act of 2010, Title V of the "American Workers, State, and
Business Relief Act of 2010," Pub. L. 111-175, 124 Stat. 1218 (2010) relating to copyright licensing and carriage of
broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.
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estimate of the number of small entities that will be affected by the proposed rules.5 The RFA generally
defines the term "small entity" as having the same meaning as the terms "small business," "small
organization," and "small governmental jurisdiction."6 In addition, the term "small business" has the
same meaning as the term "small business concern" under the Small Business Act.7 A small business
concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the Small Business Administration
(SBA).8
The proposed rules contained in this Further NPRM seek comment on and modify previous
proposals to measure the strength of digital television signals at any particular location, as a means of
determining whether any particular household is "unserved" by a local DTV network station and is
therefore eligible to receive a distant DTV network signal retransmitted by a Direct Broadcast Satellite
(DBS) service provider. Therefore, DBS providers will be directly and primarily affected by the
proposed rules, if adopted. In addition, the proposed rules, if adopted, will also directly affect those local
digital television stations that broadcast network programming. Therefore, in this Further IRFA, we
consider, and invite comment on, the impact of the proposed rules on small digital television broadcast
stations, small DBS providers, and other small entities. A description of such small entities, as well as an
estimate of the number of such small entities, is provided below.
Nationwide, there are a total of approximately 29.6 million small businesses, according to the
SBA.9 A "small organization" is generally "any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field."10 Nationwide, as of 2002, there were approximately 1.6
million small organizations.11 The term "small governmental jurisdiction" is defined generally as
"governments of cities, towns, townships, villages, school districts, or special districts, with a population
of less than fifty thousand."12 Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States.13 We estimate that, of this total, 84,377 entities were
"small governmental jurisdictions."14 Thus, we estimate that most governmental jurisdictions are small.


5 5 U.S.C. 603(b) (3), 604(a) (3).
6 Id., 601(6).
7 5 U.S.C. 601(3) (incorporating by reference the definition of "small business concern" in the Small Business Act,
15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies "unless an
agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity
for public comment, establishes one or more definitions of such terms which are appropriate to the activities of the
agency and publishes such definitions(s) in the Federal Register."
8 15 U.S.C. 632.
9 See SBA, Office of Advocacy, "Frequently Asked Questions,"
http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (revised Sept. 2009).
10 5 U.S.C. 601(4).
11 Independent Sector, The New Nonprofit Almanac & Desk Reference (2002).
12 5 U.S.C. 601(5).
13 U.S. Census Bureau, Statistical Abstract of the United States: 2006, Section 8, page 272, Table 415.
14 We assume that the villages, school districts, and special districts are small, and total 48,558. See U.S.
Census Bureau, Statistical Abstract of the United States: 2006, section 8, page 273, Table 417. For 2002,
(continued....)
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Cable Television Distribution Services

. The "Cable and Other Program Distribution" census
category includes cable systems operators, closed circuit television services, direct broadcast satellite
services, multipoint distribution systems, satellite master antenna systems, and subscription television
services. Since 2007, these services have been defined within the broad economic census category of
Wired Telecommunications Carriers; that category is defined as follows: "This industry comprises
establishments primarily engaged in operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using
wired telecommunications networks. Transmission facilities may be based on a single technology or a
combination of technologies. Establishments in this industry use the wired telecommunications network
facilities that they operate to provide a variety of services, such as wired telephony services, including
VoIP services; wired (cable) audio and video programming distribution; and wired broadband Internet
services. By exception, establishments providing satellite television distribution services using facilities
and infrastructure that they operate are included in this industry." The SBA has developed a small
business size standard for this category, which is: All such firms having 1,500 or fewer employees. To
gauge small business prevalence for these cable services the Commission must, however, use current
census data that are based on the previous category of Cable and Other Program Distribution and its
associated size standard; that size standard was: All such firms having $13.5 million or less in annual
receipts. According to Census Bureau data for 2002, there were a total of 1,191 firms in this previous
category that operated for the entire year. Of this total, 1,087 firms had annual receipts of under $10
million, and 43 firms had receipts of $10 million or more but less than $25 million. Thus, the majority of
these firms can be considered small.

Direct Broadcast Satellite (DBS) Service

. DBS service is a nationally distributed subscription
service that delivers video and audio programming via satellite to a small parabolic "dish" antenna at the
subscriber's location. Because DBS provides subscription services, DBS falls within the SBA-recognized
definition of Wired Telecommunications Carriers. However, as discussed above, the Commission relies
on the previous size standard, Cable and Other Subscription Programming, which provides that a small
entity is one with $13.5 million or less in annual receipts. Currently, only two operators--DirecTV and
EchoStar Communications Corporation (EchoStar)--hold licenses to provide DBS service, which
requires a great investment of capital for operation. Both currently offer subscription services and report
annual revenues that are in excess of the threshold for a small business. Because DBS service requires
significant capital, the Commission believes it is unlikely that a small entity as defined by the SBA would
have the financial wherewithal to become a DBS licensee. Nevertheless, given the absence of specific
data on this point, the Commission acknowledges the possibility that there are entrants in this field that
may not yet have generated $13.5 million in annual receipts, and therefore may be categorized as a small
business, if independently owned and operated.

Television Broadcasting.

The proposed rules and policies apply to television broadcast licensees
and potential licensees of television service. The SBA defines a television broadcast station as a small
business if such station has no more than $14 million in annual receipts.15 Business concerns included in
this industry are those "primarily engaged in broadcasting images together with sound."16 The
(Continued from previous page)


Census Bureau data indicate that the total number of county, municipal, and township governments
nationwide was 38,967, of which 35,819 were small. Id.
15 See 13 C.F.R. 121.201, NAICS Code 515120.
16 Id. This category description continues, "These establishments operate television broadcasting studios and
facilities for the programming and transmission of programs to the public. These establishments also produce or
transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the
public on a predetermined schedule. Programming may originate in their own studios, from an affiliated network, or
(continued....)
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Commission has estimated the number of licensed commercial television stations to be 1,392.17
According to Commission staff review of the BIA/Kelsey, MAPro Television Database ("BIA") as of
April 7, 2010, about 1,015 of an estimated 1,380 commercial television stations18 (or about 74 percent)
have revenues of $14 million or less and thus qualify as small entities under the SBA definition. The
Commission has estimated the number of licensed non-commercial educational (NCE) television stations
to be 390.19 We note, however, that, in assessing whether a business concern qualifies as small under the
above definition, business (control) affiliations20 must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our action, because the revenue figure on
which it is based does not include or aggregate revenues from affiliated companies. The Commission
does not compile and otherwise does not have access to information on the revenue of NCE stations that
would permit it to determine how many such stations would qualify as small entities.
In addition, an element of the definition of "small business" is that the entity not be dominant in
its field of operation. We are unable at this time to define or quantify the criteria that would establish
whether a specific television station is dominant in its field of operation. Accordingly, the estimates of
small businesses to which rules may apply do not exclude any television station from the definition of a
small business on this basis and are therefore over-inclusive to that extent. Also as noted, an additional
element of the definition of "small business" is that the entity must be independently owned and operated.
We note that it is difficult at times to assess these criteria in the context of media entities and our
estimates of small businesses to which they apply may be over-inclusive to this extent.

Class A TV, LPTV, and TV translator stations

.
The rules and policies proposed in this Notice
include licensees of Class A TV stations, low power television (LPTV) stations, and TV translator
stations, as well as potential licensees in these television services. The same SBA definition that applies
to television broadcast licensees would apply to these stations. The SBA defines a television broadcast
station as a small business if such station has no more than $14 million in annual receipts.21 Currently,
there are approximately 537 licensed Class A stations, 2,386 licensed LPTV stations, and 4,359 licensed
TV translators.22 Given the nature of these services, we will presume that all of these licensees qualify as
small entities under the SBA definition. We note, however, that under the SBA's definition, revenue of
affiliates that are not LPTV stations should be aggregated with the LPTV station revenues in determining
whether a concern is small. Our estimate may thus overstate the number of small entities since the
revenue figure on which it is based does not include or aggregate revenues from non-LPTV affiliated
companies. We do not have data on revenues of TV translator or TV booster stations, but virtually all of
(Continued from previous page)


from external sources." Separate census categories pertain to businesses primarily engaged in producing
programming. See Motion Picture and Video Production, NAICS code 512110; Motion Picture and Video
Distribution, NAICS Code 512120; Teleproduction and Other Post-Production Services, NAICS Code 512191; and
Other Motion Picture and Video Industries, NAICS Code 512199.
17 See News Release, "Broadcast Station Totals as of December 31, 2009," 2010 WL 676084 (F.C.C.)(dated Feb.
26, 2010) ("Broadcast Station Totals"); also available at http://www.fcc.gov/mb/.
18 We recognize that this total differs slightly from that contained in Broadcast Station Totals, supra note 446;
however, we are using BIA's estimate for purposes of this revenue comparison.
19 See Broadcast Station Totals, supra note 239.
20 "[Business concerns] are affiliates of each other when one concern controls or has the power to control the other
or a third party or parties controls or has the power to control both." 13 C.F.R. 121.103(a)(1).
21 See 13 C.F.R. 121.201, NAICS Code 515120.
22 See Broadcast Station Totals, supra note 239.
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these entities are also likely to have revenues of less than $14 million and thus may be categorized as
small, except to the extent that revenues of affiliated non-translator or booster entities should be
considered.

D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirement for


Small Entities.

The rules proposed in this Further Notice would modify previously proposed rules for
measuring digital television signal strength at any specific location. These measurement procedures
would be used as a means of determining whether households are eligible to receive distant DTV network
signals retransmitted by DBS providers. Section 339(a)(2)(D)(vi) of the Communications Act (47 U.S.C.
339(a)(2)(D)(vi)) delineates when measurements are necessary and when the satellite communications
provider, the digital television broadcast station, or the consumer is responsible for bearing their cost. No
reporting requirement is proposed. In this Further IFRA, we seek comment on the types of burdens direct
broadcast satellite service providers and digital television broadcast stations will face in complying with
the proposed requirements. Entities, especially small businesses and, more generally, small entities are
encouraged to quantify the costs and benefits of the proposed reporting requirements.

E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant


Alternatives Considered

. The RFA requires an agency to describe any significant alternatives that it has
considered in reaching its proposed approach, which may include the following four alternatives (among
others): (1) the establishment of differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the clarification, consolidation, or simplification
of compliance or reporting requirements under the rule for small entities; (3) the use of performance,
rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for
small entities.23
The Further Notice examines only two issues related to our previous proposals regarding DTV
signal measurement procedures. As noted in the text, the proposal related to which stations need to be tested
would reduce burdens both on businesses that conduct tests and on consumers. This is because the STELA
limits the broad universe of stations that need to be tested to only a handful that are located in the same
market at the satellite subscriber. This could reduce the amount and complexity of the equipment necessary
to conduct a test as well as reduce the complexity of actually conducting the test as fewer stations need to be
measured. This should have an accompanying cost savings to consumers as the tests should be less complex.
We seek comment on this tentative conclusion especially from small entities.

F. Federal Rules that Might Duplicate, Overlap, or Conflict with the Proposed Rules.

None.


23 5 U.S.C. 603(c).
36

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