Report No. DC-2599 ACTION IN DOCKET CASE May 19, 1994 COMMISSION AMENDS RULES AND POLICIES GOVERNING THE LOW POWER TELEVISION (LPTV) SERVICE (MM DOCKET NO. 93-114) The FCC today amended its rules and policies governing the low power television (LPTV) service. The Commission modified its rules to permit LPTV operators to request four-letter call signs with the suffix "LP" (for example, "WXYZ-LP"), rather than the current five-character call signs consisting of letters and numbers. In addition, the Commission modified its current standard for acceptance of LPTV applications and expanded its waiver policy regarding terrain shielding. The Commission established the LPTV service as a means of increasing diversity in television programming and station ownership. LPTV station licensees include schools, colleges, churches, community groups, newspaper publications, and radio and TV broadcasters. The Commission noted that the service has provided substantial first-time ownership for small businesses and members of minority groups. Small businesses have also benefitted because of the more affordable advertising rates, and the ability to target advertising to specialized audiences. The Commission will allow LPTV operators to request four- letter call signs. These call signs will include the suffix "LP" to distinguish LPTV stations from full-power television stations. The Commission will establish, by a later Public Notice, a schedule by which licensees and permittees will be able to apply for four- letter call signs. Those stations in operation for the longest period of time will have the opportunity to apply first. Requests from permittees must include a certification that a firm equipment order has been placed or that physical construction is underway at the transmitter site. The Commission said that LPTV operators may not request a call sign used by another broadcast station unless the stations are commonly owned, or unless the LPTV operator has the other station's written consent. (over) -2- In the case of identical requests filed on the same day, the call letters will be assigned to the station with the longest continuous record of broadcasting operation under substantially unchanged ownership and control. The Commission stated also that a full-power television station will prevail in the situation where a full-power station and an LPTV station apply for the same call sign on the same day. AM or FM radio stations applying for the same call sign on the same day also will prevail over an LPTV station. Previously, the Commission required LPTV applications to be complete and sufficient (i.e., "letter perfect") in order for them to be processed. The Commission will now accept for processing applications judged to be "substantially complete." Applicants will be given an opportunity to cure defects or omissions. If the defect prevents FCC staff from further processing the application, a deficiency letter will be issued and the applicant will have 30 days from the date of that letter to correct the defect. If the defect does not prevent processing, a deficiency letter will not be sent until completion of pre-acceptance studies on the application or until a subsequent defect prevents further processing, at which time the applicant has 30 days to amend. Applications revised to correct all defects identified will then be listed as "Accepted for Filing" in a Public Notice, either in the form of a lottery announcement notice for mutually-exclusive applications, or a proposed grant list for nonmutually- exclusive applications. The Commission said that in order to prevent undue processing delays, it will strictly enforce the 30-day period. With respect to terrain shielding, the Commission has removed administrative barriers that were necessary when the LPTV Terrain Shielding Policy Statement was first established. Applicants' terrain shielding showings of noninterference to protected broadcast facilities will now be considered for all LPTV and TV translator applications. Previously, such showings were considered only for nonmutually-exclusive applications, i.e., those not involved in LPTV lottery proceedings. LPTV applicants seeking terrain shielding waivers should continue to follow the existing criteria for demonstrating noninterference based on terrain considerations. That constitutes submitting either detailed profiles of the terrain in pertinent directions toward the protected signal contours of potentially affected stations or letters of assent from the licensees of such stations, agreeing that terrain shielding would prevent interference but without surrendering the right to be protected against any actual interference. -3- Also, mutually-exclusive applicants may now use either of these methods to demonstrate that their respective station proposals could co-exist without an interference conflict. Further, while the Commission strongly urged applicants to fully address applicable terrain shielding conditions at the initial application stage, it will accept a satisfactory terrain shielding showing for the first time in response to a deficiency letter. The Commission declined to adopt a proposal to narrow the definition of what constitutes a major LPTV station modification stating that this issue requires further consideration and will be resolved at a later date. Action by the Commission May 19, 1994, by First Report and Order (FCC 94-120). Chairman Hundt, Commissioners Quello and Barrett. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050. Mass Media Bureau contact: Keith A. Larson at (202) 632-3894.