PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 April 21, 1998 PETITION FOR RULEMAKING FILED FOR "CLASS A" TV SERVICE (Interested persons may file statements opposing or supporting the Petition for Rulemaking listed herein by May 22, 1998; replies are due by June 8, 1998. An Acrobat version of the full text of this petition for rule making, RM-9260, is available through the Mass Media internet page (http://www.fcc.gov/mmb/) or can be downloaded directly from: http//www.fcc.gov/Bureaus/Mass_Media/Filings/rm9260.pdf.) --------------------------------------------------------------------------------------------------------------------------------------------- RM NO. RULES SEC. PETITIONER DATE REC'D ------------------------------------------------------------------------------------------------------ RM-9260 Rule Parts 73 Community Broadcasters 09/30/97, as amended and 74 Association (CBA) 03/18/98 1600 Aspen Lane St. Cloud, MN 56303 NATURE OF PETITION CBA requests amendment of the Television Broadcast Station Rules in Part 73 to create a "Class A" TV service, which according to CBA would, on a prospective basis, avoid unnecessary displacement of low power television stations (LPTV) that provide substantial local programming to their communities. CBA proposes that Class A station provide interference protection to existing analog TV, DTV, LPTV and TV translator stations. Class A stations would have primary spectrum user status, within their principal service contours, against all later authorized full power and low power stations. CBA proposes that Class A status be made available to qualified LPTV and television translator licensees initially authorized under Subpart G of Part 74 of the Commission's Rules, who would apply for the status within one year of the effective date of the new service class. As proposed, an applicant would qualify by demonstrating that continuously during the preceding three months its station met the minimum operating schedule for TV broadcast stations and, for each calendar week, aired at least three hours of programming produced in the protected service area of the station or within the combined service area of a group of commonly controlled stations carrying common local or specialized programming not otherwise available to their communities. Additionally, an applicant would certify that on and after the filing date of its Class A application, its station complied and would continue to comply with all requirements applicable to TV broadcast stations, except as limited by the station's power level and the manner in which the channel was assigned to the station under the LPTV rules in Part 74. CBA also proposes that a Class A applicant be required to show that interference would not be caused within the Grade B contour of any analog TV or DTV station operating on a channel specified in the TV or DTV allotment tables as of the date of filing of the Class A application, or within the protected contour of any low power or TV translator station authorized prior to the filing date of the Class A application. According to the petition, an applicant for Class A status could not propose a change in channel or facilities change that would extend the station's current protected service area, nor would initial Class A applications be subject to competing applications. CBA proposes that a Class A station licensee may at any time apply to convert from analog to digital operations, provided the conversion met the interference protection standards applicable to primary stations or would not cause any more interference to another station under Part 73 of the Commission's Rules authorized prior to the date of the conversion application than was caused by that Class A station's analog operation. The petition also proposes that a Class A station licensee be permitted to apply on a first- come basis for an additional channel for digital operation, provided the application proposal met the interference protection requirements in Sections 73.623 (c) or (f) with respect to earlier authorized DTV stations, and that a Class A licensee be permitted to apply for a channel in the DTV Table for which the eligible full power TV licensee for that channel did not file its construction permit application by the established deadlines in Section 73.624(e). The petition proposes effective radiated power (ERP) limits for analog Class A stations of 10 kW for stations operating on channels 2-6, 31.6 kW for channels 7-13, and 500 kW for channels 14 and above. CBA proposes that digital ERP limits for Class A stations be the same as the DTV station power limits given in Sections 73.622 (e)(4), (5) and (6) of the Commission's Rules. For additional information contact Keith Larson, Assistant Chief for Engineering, Mass Media Bureau at (202) 418-2600.