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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Advanced Television Systems     )       MM Docket No. 87-268
and Their Impact Upon the       )
Existing Television Broadcast   )
Service                         )
                                 


                             ORDER


   Adopted:  March 4, 1997              Released:  March 11, 1997  

By the Commission:

     1.  On December 24, 1996, the Commission adopted the Fourth Report and Order  in this
proceeding in which we adopted a transmission standard for digital television ("DTV").  This DTV
Standard is a modification of the ATSC DTV Standard that we had proposed to adopt in the Fifth
Further Notice of Proposed Rule Making.  We adopted this standard in order to ensure that the
benefits of digital technology are available to television broadcasting and to the American public. 
We found that this action would provide the certainty that many broadcasters, equipment
manufacturers and consumers need to invest in new technology while at the same time preserving
the flexibility to accommodate innovation and experimentation.  The Fourth Report and Order was
released on December 27, 1996.  As released, it contained an appendix ("Appendix A") setting forth
the text of a new rule in which the Commission incorporated into its rules by reference the modified
ATSC DTV Standard.

     2.  When an agency incorporates material into its rules by reference, the approval of the
Director of the Federal Register is required pursuant to 5 U.S.C. Section 552(a) and 1 CFR part 51. 
Section 552(a) of Title 5, United States Code, provides, in part, that "matter reasonably available to
the class of persons affected thereby is deemed published in the Federal Register when incorporated
by reference therein with the approval of the Director of the Federal Register."

     3.  The Commission has been in contact with the Director of the Federal Register to obtain
the necessary prior approval of the incorporation by reference.  The Director of the Federal Register
has requested some non-substantive changes to the wording of the rule as set forth in Appendix A
of the Fourth Report and Order in order to allow the incorporation by reference to be approved.  The
new language for Section 73.682(d), as approved by the Director of the Federal Register,  is set out
in Appendix A of this Order.  This language shall substitute for that set forth in Appendix A of the
Fourth Report and Order.  

     4.  We find that the notice procedures set forth in 5 U.S.C.  553 are not required.  There are
no substantive changes being made herein to new Section 73.682(d) as set forth in Appendix A of
the Fourth Report and Order.  To the contrary, only editorial changes to the text of that rule are being
made to accommodate the requirements of the Director of the Federal Register for agency rules that
incorporate material by reference.  Accordingly, we find that notice and public procedure thereon
are not necessary. 

     5.  Accordingly, IT IS ORDERED that Appendix A of the Fourth Report and Order in MM
Docket No. 87-268  IS AMENDED, as set forth in Appendix A of this Order.

                              FEDERAL COMMUNICATIONS COMMISSION



                              William F. Caton
                              Acting Secretary                            APPENDIX A

     Part 73 of the Commission's Rules and Regulations (Chapter I of Title 47 of the Code of
Federal Regulations) is amended to read as follows:

     1.  Section 73.682 is amended by adding paragraph (d) as follows:

 73.682  TV transmission standards
*****
(d) Digital broadcast television transmission standard.  Transmission of digital broadcast television
(DTV) signals shall comply with the standards for such transmissions set forth in Advanced
Television Systems Committee (ATSC) Doc. A/52 ("ATSC Standard Digital Audio Compression
(AC-3), 20 Dec 95") and ATSC Doc A/53 ("ATSC Digital Television Standard, 16 Sep 95"), except
for Section 5.1.2 ("Compression format constraints") of Annex A ("Video Systems Characteristics")
and the phrase "see Table 3" in Section 5.1.1 Table 2 and Section 5.1.2 Table 4.  Although not
incorporated herein by reference, licensees may also consult ATSC Doc. A/54 ("Guide to the Use
of the ATSC Digital Television Standard, 4 Oct 95") for guidance.  This incorporation by reference
was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.  Copies may be inspected at the Federal Communications Commission, 1919 M Street,
N.W., Washington, DC 20554 or at the Office of the Federal Register, 800 N. Capitol Street, N.W.,
Washington, DC.  Copies of ATSC A/52, A/53, and A/54 can be obtained from the Commission's
contract copier or from the Advanced Television Systems Committee, 1750 K Street, N.W., Suite
800, Washington, DC  20006.   They are also available in their entirety on the Internet at
http://www.atsc.org.