FCC Sets Deadlines For LPTV Conversion To Digital and Operation in Core Spectrum

If you own an analog or digital LPTV station (or television translator or Class A station) that operates on an out-of-core television channel (Channels 52 – 69), you will no longer be able to stay on the air after December 31 of this year. In addition, if you want to move to an in-core channel (Channel 2 through Channel 51), you have to find an available channel and file your displacement application by September 1, 2011, which is just around the corner. After that date, the Commission will no longer accept displacement applications from out-of-core stations. All of these dates and edicts can be found in the FCC’s recently released Second Report and Order on the subject: http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0715/FCC-11-110A1.pdf

The September deadline is reason enough to get hopping on finding an in-core home for your station, if you have any interest in extending the operation of the facility beyond the end of the year. However, there is another reason to consider submitting a displacement application to the FCC as soon as possible. A large number of applications for new facilities have been filed in the past two years. These filings, once granted, will reduce the available spectrum for a number of potentially displaced stations such as yours. A displacement application trumps an application for a new facility, but only while if the pre-existing application remains pending until the Commission grants your application (in which case, the application for the new LPTV station is dismissed).

For these reasons, you should consider filing a displacement application with the FCC and seek operation on an in-core channel. The application must specify digital operation, and you will have at least 36 months to construct on the new channel. In addition, if your station meets certain rural coverage requirements, you may be eligible for reimbursement of a significant portion of your construction costs by the NTIA. More information on that program is located on the NTIA web site (http://www.ntia.doc.gov/lptv/index.html).

In the 2nd R&O, the Commission also indicated that all analog LPTV stations must cease operation and switch to digital operation by September 1, 2015. An analog station can either file an on-channel digital flashcut application or a digital companion channel application on a different channel. If a companion channel is desired, it should be filed as quickly as possible for the same reasons stated above. However, it is important to note that a companion-channel application does not take precedence over an application for a new LPTV facility.

Smith and Fisher can provide services such as channel searches and the preparation of the engineering portion of the FCC displacement or companion-channel application. We also can determine if your other analog in-core stations would be eligible for a digital on-channel flashcut facility and assist in the FCC filing for such a facility, if eligible.

If you have any questions regarding this issue, please don’t hesitate to call me at 703-494-2101, or send me an e-mail (Kevin@SmithandFisher.com). You can find out more information about our firm on our web site, Twitter and Facebook.

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Analog LPTV Stations

We have just returned from the National Translator Convention, where members of the FCC urged LPTV and translator station owners who operate analog-only facilities to apply for digital operation either on the present channel (“flashcut”), file for a digital companion channel (which would allow both analog and digital operation for the time being), or a displacement application specifying operation on a new in-core channel (Channels 2 – 51). There are three reasons to consider submitting such an application to the FCC as soon as possible. First, large numbers of applications for new facilities in rural markets are being filed every day. These filings, once granted, will reduce the available spectrum for flashcut, companion channel and displacement proposals from existing analog stations. Second, the Commission is going to open a filing window for the major television markets in July. It is expected that a significant number of applications will be filed at that time. While an existing analog station might not be located in such a market, any application for a new LPTV facility that will be located within 70 miles or so of the existing analog facility could preclude consideration of that channel for flashcut, companion channel or displacement purposes. Third, the FCC has indicated that it may soon set a hard deadline for translators and LPTV stations to cease analog operation.

For all of the above reasons, analog stations should consider filing a digital application with the FCC sooner rather than later. Once granted, the station will have three years to construct the digital facility. Two 6-month extensions of the construction deadline can also be requested of the Commission.

It is also important to note that, if the station meets certain rural coverage requirements, it may be eligible for reimbursement of a significant portion of the digital construction costs by the NTIA. More information on that program is located on the NTIA web site (http://www.ntia.doc.gov/lptv/index.html).