47 U.S.C. § 336 : US Code - Section 336: Broadcast spectrum flexibility

Search 47 U.S.C. § 336 : US Code - Section 336: Broadcast spectrum flexibility

(a) Commission action
If the Commission determines to issue additional licenses for
advanced television services, the Commission -
(1) should limit the initial eligibility for such licenses to
persons that, as of the date of such issuance, are licensed to
operate a television broadcast station or hold a permit to
construct such a station (or both); and
(2) shall adopt regulations that allow the holders of such
licenses to offer such ancillary or supplementary services on
designated frequencies as may be consistent with the public
interest, convenience, and necessity.
(b) Contents of regulations
In prescribing the regulations required by subsection (a) of this
section, the Commission shall -
(1) only permit such licensee or permittee to offer ancillary
or supplementary services if the use of a designated frequency
for such services is consistent with the technology or method
designated by the Commission for the provision of advanced
television services;
(2) limit the broadcasting of ancillary or supplementary
services on designated frequencies so as to avoid derogation of
any advanced television services, including high definition
television broadcasts, that the Commission may require using such
frequencies;
(3) apply to any other ancillary or supplementary service such
of the Commission's regulations as are applicable to the offering
of analogous services by any other person, except that no
ancillary or supplementary service shall have any rights to
carriage under section 534 or 535 of this title or be deemed a
multichannel video programming distributor for purposes of
section 548 of this title;
(4) adopt such technical and other requirements as may be
necessary or appropriate to assure the quality of the signal used
to provide advanced television services, and may adopt
regulations that stipulate the minimum number of hours per day
that such signal must be transmitted; and
(5) prescribe such other regulations as may be necessary for
the protection of the public interest, convenience, and
necessity.
(c) Recovery of license
If the Commission grants a license for advanced television
services to a person that, as of the date of such issuance, is
licensed to operate a television broadcast station or holds a
permit to construct such a station (or both), the Commission shall,
as a condition of such license, require that either the additional
license or the original license held by the licensee be surrendered
to the Commission for reallocation or reassignment (or both)
pursuant to Commission regulation.
(d) Public interest requirement
Nothing in this section shall be construed as relieving a
television broadcasting station from its obligation to serve the
public interest, convenience, and necessity. In the Commission's
review of any application for renewal of a broadcast license for a
television station that provides ancillary or supplementary
services, the television licensee shall establish that all of its
program services on the existing or advanced television spectrum
are in the public interest. Any violation of the Commission rules
applicable to ancillary or supplementary services shall reflect
upon the licensee's qualifications for renewal of its license.
(e) Fees
(1) Services to which fees apply
If the regulations prescribed pursuant to subsection (a) of
this section permit a licensee to offer ancillary or
supplementary services on a designated frequency -
(A) for which the payment of a subscription fee is required
in order to receive such services, or
(B) for which the licensee directly or indirectly receives
compensation from a third party in return for transmitting
material furnished by such third party (other than commercial
advertisements used to support broadcasting for which a
subscription fee is not required),
the Commission shall establish a program to assess and collect
from the licensee for such designated frequency an annual fee or
other schedule or method of payment that promotes the objectives
described in subparagraphs (A) and (B) of paragraph (2).
(2) Collection of fees
The program required by paragraph (1) shall -
(A) be designed (i) to recover for the public a portion of
the value of the public spectrum resource made available for
such commercial use, and (ii) to avoid unjust enrichment
through the method employed to permit such uses of that
resource;
(B) recover for the public an amount that, to the extent
feasible, equals but does not exceed (over the term of the
license) the amount that would have been recovered had such
services been licensed pursuant to the provisions of section
309(j) of this title and the Commission's regulations
thereunder; and
(C) be adjusted by the Commission from time to time in order
to continue to comply with the requirements of this paragraph.
(3) Treatment of revenues
(A) General rule
Except as provided in subparagraph (B), all proceeds obtained
pursuant to the regulations required by this subsection shall
be deposited in the Treasury in accordance with chapter 33 of
title 31.
(B) Retention of revenues
Notwithstanding subparagraph (A), the salaries and expenses
account of the Commission shall retain as an offsetting
collection such sums as may be necessary from such proceeds for
the costs of developing and implementing the program required
by this section and regulating and supervising advanced
television services. Such offsetting collections shall be
available for obligation subject to the terms and conditions of
the receiving appropriations account, and shall be deposited in
such accounts on a quarterly basis.
(4) Report
Within 5 years after February 8, 1996, the Commission shall
report to the Congress on the implementation of the program
required by this subsection, and shall annually thereafter advise
the Congress on the amounts collected pursuant to such program.
(f) Preservation of low-power community television broadcasting
(1) Creation of class A licenses
(A) Rulemaking required
Within 120 days after November 29, 1999, the Commission shall
prescribe regulations to establish a class A television license
to be available to licensees of qualifying low-power television
stations. Such regulations shall provide that -
(i) the license shall be subject to the same license terms
and renewal standards as the licenses for full-power
television stations except as provided in this subsection;
and
(ii) each such class A licensee shall be accorded primary
status as a television broadcaster as long as the station
continues to meet the requirements for a qualifying low-power
station in paragraph (2).
(B) Notice to and certification by licensees
Within 30 days after November 29, 1999, the Commission shall
send a notice to the licensees of all low-power television
licenses that describes the requirements for class A
designation. Within 60 days after November 29, 1999, licensees
intending to seek class A designation shall submit to the
Commission a certification of eligibility based on the
qualification requirements of this subsection. Absent a
material deficiency, the Commission shall grant certification
of eligibility to apply for class A status.
(C) Application for and award of licenses
Consistent with the requirements set forth in paragraph
(2)(A) of this subsection, a licensee may submit an application
for class A designation under this paragraph within 30 days
after final regulations are adopted under subparagraph (A) of
this paragraph. Except as provided in paragraphs (6) and (7),
the Commission shall, within 30 days after receipt of an
application of a licensee of a qualifying low-power television
station that is acceptable for filing, award such a class A
television station license to such licensee.
(D) Resolution of technical problems
The Commission shall act to preserve the service areas of low-
power television licensees pending the final resolution of a
class A application. If, after granting certification of
eligibility for a class A license, technical problems arise
requiring an engineering solution to a full-power station's
allotted parameters or channel assignment in the digital
television Table of Allotments, the Commission shall make such
modifications as necessary -
(i) to ensure replication of the full-power digital
television applicant's service area, as provided for in
sections 73.622 and 73.623 of the Commission's regulations
(47 CFR 73.622, 73.623); and
(ii) to permit maximization of a full-power digital
television applicant's service area consistent with such
sections 73.622 and 73.623,
if such applicant has filed an application for maximization or
a notice of its intent to seek such maximization by December
31, 1999, and filed a bona fide application for maximization by
May 1, 2000. Any such applicant shall comply with all
applicable Commission rules regarding the construction of
digital television facilities.
(E) Change applications
If a station that is awarded a construction permit to
maximize or significantly enhance its digital television
service area, later files a change application to reduce its
digital television service area, the protected contour of that
station shall be reduced in accordance with such change
modification.
(2) Qualifying low-power television stations
For purposes of this subsection, a station is a qualifying low-
power television station if -
(A)(i) during the 90 days preceding November 29, 1999 -
(I) such station broadcast a minimum of 18 hours per day;
(II) such station broadcast an average of at least 3 hours
per week of programming that was produced within the market
area served by such station, or the market area served by a
group of commonly controlled low-power stations that carry
common local programming produced within the market area
served by such group; and
(III) such station was in compliance with the Commission's
requirements applicable to low-power television stations; and
(ii) from and after the date of its application for a class A
license, the station is in compliance with the Commission's
operating rules for full-power television stations; or
(B) the Commission determines that the public interest,
convenience, and necessity would be served by treating the
station as a qualifying low-power television station for
purposes of this section, or for other reasons determined by
the Commission.
(3) Common ownership
No low-power television station authorized as of November 29,
1999, shall be disqualified for a class A license based on common
ownership with any other medium of mass communication.
(4) Issuance of licenses for advanced television services to
television translator stations and qualifying low-power
television stations
The Commission is not required to issue any additional license
for advanced television services to the licensee of a class A
television station under this subsection, or to any licensee of
any television translator station, but shall accept a license
application for such services proposing facilities that will not
cause interference to the service area of any other broadcast
facility applied for, protected, permitted, or authorized on the
date of filing of the advanced television application. Such new
license or the original license of the applicant shall be
forfeited after the end of the digital television service
transition period, as determined by the Commission. A licensee of
a low-power television station or television translator station
may, at the option of licensee, elect to convert to the provision
of advanced television services on its analog channel, but shall
not be required to convert to digital operation until the end of
such transition period.
(5) No preemption of section 337
Nothing in this subsection preempts or otherwise affects
section 337 of this title.
(6) Interim qualification
(A) Stations operating within certain bandwidth
The Commission may not grant a class A license to a low-power
television station for operation between 698 and 806 megahertz,
but the Commission shall provide to low-power television
stations assigned to and temporarily operating in that
bandwidth the opportunity to meet the qualification
requirements for a class A license. If such a qualified
applicant for a class A license is assigned a channel within
the core spectrum (as such term is defined in MM Docket No. 87-
286, February 17, 1998), the Commission shall issue a class A
license simultaneously with the assignment of such channel.
(B) Certain channels off-limits
The Commission may not grant under this subsection a class A
license to a low-power television station operating on a
channel within the core spectrum that includes any of the 175
additional channels referenced in paragraph 45 of its February
23, 1998, Memorandum Opinion and Order on Reconsideration of
the Sixth Report and Order (MM Docket No. 87-268). Within 18
months after November 29, 1999, the Commission shall identify
by channel, location, and applicable technical parameters those
175 channels.
(7) No interference requirement
The Commission may not grant a class A license, nor approve a
modification of a class A license, unless the applicant or
licensee shows that the class A station for which the license or
modification is sought will not cause -
(A) interference within -
(i) the predicted Grade B contour (as of the date of the
enactment of the Community Broadcasters Protection Act of
1999 [November 29, 1999], or November 1, 1999, whichever is
later, or as proposed in a change application filed on or
before such date) of any television station transmitting in
analog format; or
(ii)(I) the digital television service areas provided in
the DTV Table of Allotments; (II) the areas protected in the
Commission's digital television regulations (47 CFR 73.622(e)
and (f)); (III) the digital television service areas of
stations subsequently granted by the Commission prior to the
filing of a class A application; and (IV) stations seeking to
maximize power under the Commission's rules, if such station
has complied with the notification requirements in paragraph
(1)(D);
(B) interference within the protected contour of any low-
power television station or low-power television translator
station that -
(i) was licensed prior to the date on which the application
for a class A license, or for the modification of such a
license, was filed;
(ii) was authorized by construction permit prior to such
date; or
(iii) had a pending application that was submitted prior to
such date; or
(C) interference within the protected contour of 80 miles
from the geographic center of the areas listed in section
22.625(b)(1) or 90.303 of the Commission's regulations (47 CFR
22.625(b)(1) and 90.303) for frequencies in -
(i) the 470-512 megahertz band identified in section 22.621
or 90.303 of such regulations; or
(ii) the 482-488 megahertz band in New York.
(8) Priority for displaced low-power stations
Low-power stations that are displaced by an application filed
under this section shall have priority over other low-power
stations in the assignment of available channels.
(g) Evaluation
Within 10 years after the date the Commission first issues
additional licenses for advanced television services, the
Commission shall conduct an evaluation of the advanced television
services program. Such evaluation shall include -
(1) an assessment of the willingness of consumers to purchase
the television receivers necessary to receive broadcasts of
advanced television services;
(2) an assessment of alternative uses, including public safety
use, of the frequencies used for such broadcasts; and
(3) the extent to which the Commission has been or will be able
to reduce the amount of spectrum assigned to licensees.
(h) Provision of digital data service by low-power television
stations
(1) Within 60 days after receiving a request (made in such form
and manner and containing such information as the Commission may
require) under this subsection from a low-power television station
to which this subsection applies, the Commission shall authorize
the licensee or permittee of that station to provide digital data
service subject to the requirements of this subsection as a pilot
project to demonstrate the feasibility of using low-power
television stations to provide high-speed wireless digital data
service, including Internet access to unserved areas.
(2) The low-power television stations to which this subsection
applies are as follows:
(A) KHLM-LP, Houston, Texas.
(B) WTAM-LP, Tampa, Florida.
(C) WWRJ-LP, Jacksonville, Florida.
(D) WVBG-LP, Albany, New York.
(E) KHHI-LP, Honolulu, Hawaii.
(F) KPHE-LP (K19DD), Phoenix, Arizona.
(G) K34FI, Bozeman, Montana.
(H) K65GZ, Bozeman, Montana.
(I) WXOB-LP, Richmond, Virginia.
(J) WIIW-LP, Nashville, Tennessee.
(K) A station and repeaters to be determined by the Federal
Communications Commission for the sole purpose of providing
service to communities in the Kenai Peninsula Borough and
Matanuska Susitna Borough.
(L) WSPY-LP, Plano, Illinois.
(M) W24AJ, Aurora, Illinois.
(3) Notwithstanding any requirement of section 553 of title 5,
the Commission shall promulgate regulations establishing the
procedures, consistent with the requirements of paragraphs (4) and
(5), governing the pilot projects for the provision of digital data
services by certain low power television licensees within 120 days
after the date of enactment of LPTV Digital Data Services Act.(!1)
The regulations shall set forth -
(A) requirements as to the form, manner, and information
required for submitting requests to the Commission to provide
digital data service as a pilot project;
(B) procedures for testing interference to digital television
receivers caused by any pilot project station or remote
transmitter;
(C) procedures for terminating any pilot project station or
remote transmitter or both that causes interference to any analog
or digital full-power television stations, class A television
station, television translators or any other users of the core
television band;
(D) specifications for reports to be filed quarterly by each
low power television licensee participating in a pilot project;
(E) procedures by which a low power television licensee
participating in a pilot project shall notify television
broadcast stations in the same market upon commencement of
digital data services and for ongoing coordination with local
broadcasters during the test period; and
(F) procedures for the receipt and review of interference
complaints on an expedited basis consistent with paragraph
(5)(D).
(4) A low-power television station to which this subsection
applies may not provide digital data service unless -
(A) the provision of that service, including any remote return-
path transmission in the case of 2-way digital data service,
does not cause any interference in violation of the Commission's
existing rules, regarding interference caused by low power
television stations to full-service analog or digital television
stations, class A television stations, or television translator
stations; and
(B) the station complies with the Commission's regulations
governing safety, environmental, and sound engineering practices,
and any other Commission regulation under paragraph (3) governing
pilot program operations.
(5)(A) The Commission may limit the provision of digital data
service by a low-power television station to which this subsection
applies if the Commission finds that -
(i) the provision of 2-way digital data service by that station
causes any interference that cannot otherwise be remedied; or
(ii) the provision of 1-way digital data service by that
station causes any interference.
(B) The Commission shall grant any such station, upon application
(made in such form and manner and containing such information as
the Commission may require) by the licensee or permittee of that
station, authority to move the station to another location, to
modify its facilities to operate on a different channel, or to use
booster or auxiliary transmitting locations, if the grant of
authority will not cause interference to the allowable or protected
service areas of full service digital television stations, National
Television Standards Committee assignments, or television
translator stations, and provided, however, no such authority shall
be granted unless it is consistent with existing Commission
regulations relating to the movement, modification, and use of non-
class A low power television transmission facilities in order -
(i) to operate within television channels 2 through 51,
inclusive; or
(ii) to demonstrate the utility of low-power television
stations to provide high-speed 2-way wireless digital data
service.
(C) The Commission shall require quarterly reports from each
station authorized to provide digital data services under this
subsection that include -
(i) information on the station's experience with interference
complaints and the resolution thereof;
(ii) information on the station's market success in providing
digital data service; and
(iii) such other information as the Commission may require in
order to administer this subsection.
(D) The Commission shall resolve any complaints of interference
with television reception caused by any station providing digital
data service authorized under this subsection within 60 days after
the complaint is received by the Commission.
(6) The Commission shall assess and collect from any low-power
television station authorized to provide digital data service under
this subsection an annual fee or other schedule or method of
payment comparable to any fee imposed under the authority of this
chapter on providers of similar services. Amounts received by the
Commission under this paragraph may be retained by the Commission
as an offsetting collection to the extent necessary to cover the
costs of developing and implementing the pilot program authorized
by this subsection, and regulating and supervising the provision of
digital data service by low-power television stations under this
subsection. Amounts received by the Commission under this paragraph
in excess of any amount retained under the preceding sentence shall
be deposited in the Treasury in accordance with chapter 33 of title
31.
(7) In this subsection, the term "digital data service" includes -

(A) digitally-based interactive broadcast service; and
(B) wireless Internet access, without regard to -
(i) whether such access is -
(I) provided on a one-way or a two-way basis;
(II) portable or fixed; or
(III) connected to the Internet via a band allocated to
Interactive Video and Data Service; and
(ii) the technology employed in delivering such service,
including the delivery of such service via multiple
transmitters at multiple locations.
(8) Nothing in this subsection limits the authority of the
Commission under any other provision of law.
(i) Definitions
As used in this section:
(1) Advanced television services
The term "advanced television services" means television
services provided using digital or other advanced technology as
further defined in the opinion, report, and order of the
Commission entitled "Advanced Television Systems and Their Impact
Upon the Existing Television Broadcast Service", MM Docket 87-
268, adopted September 17, 1992, and successor proceedings.
(2) Designated frequencies
The term "designated frequency" means each of the frequencies
designated by the Commission for licenses for advanced television
services.
(3) High definition television
The term "high definition television" refers to systems that
offer approximately twice the vertical and horizontal resolution
of receivers generally available on February 8, 1996, as further
defined in the proceedings described in paragraph (1) of this
subsection.