WASHINGTON, D.C.—The FCC Media Bureau has announced that all rules implementing the Low Power Protection Act (LPPA) are in effect and that the one-year window for qualified low power television (LPTV) stations to apply for Class A status will open on May 31, 2024 and close on May 30, 2025 (LPPA Window).   

Earlier, on December 12, 2023, the Commission released a Report and Order (Order) that adopted rules to implement the LPPA, which required the FCC to open a new filing window during which qualifying LPTV stations could apply for and receive Class A status that would protect LPTV stations from being bumped off-air by harmful interference. 

The rules adopted in the Order took effect on February 9, 2024, and sections 73.6030(c), 73.6030(d), 73.3580(c)(7), and the revisions to FCC Form 2100, Schedule F, which contain new or modified information collection requirements that required review by OMB,  were approved by OMB on May 7, 2024.   A notice announcing that these rules and other information collections were approved was published on May 31, 2024 in the Federal Register, and these rules and other information collections are effective, the FCC said.   

The FCC noted that applications in the LPPA Window can be filed electronically via the Commission’s Licensing and Management System (LMS) on FCC Form 2100, Schedule F  and applicants will be required to pay the requisite fee for an application for a “new license” for a Class A station ($425.00), the agency said.   

The FCC noted that in order to be eligible for Class A status under the LPPA, a qualified LPTV licensee must have complied with the eligibility requirements set forth in section 73.6030(b) of the Commission’s rules  and complete all required certifications in FCC Form 2100, Schedule F.  

A qualified LPTV licensee is required to submit, as part of its application, a statement concerning the station’s operating schedule during the 90 days preceding January 5, 2023 and a list of locally produced programs aired during that time period.   

The applicant may also submit, or may be requested by Commission staff to submit, other documentation to support its certification that the licensee meets the eligibility requirements for a Class A license under the LPPA. All stations afforded Class A status under the LPPA are reminded that they will be required to continue to comply with the service requirements applicable to Class A stations in order to maintain such status. 

Instructions for applying are available here.  

WASHINGTON, D.C.—The Federal Communications Commission (FCC) Media Bureau has announced that beginning on August 20, 2024, Class A television, Low Power Television (LPTV), and TV translator stations will be permitted to file major change applications to change their existing channels.

The announcement ends a longstanding freeze on major modification applications that has been in place since 2010 and provides those stations with a notable opportunity to improve their service and resolve long-standing channel issues. 

“The current freeze will remain in place until further notice for all other major modifications and applications for new LPTV and TV translator stations,” the Media Bureau said. “This is our first step in the process of lifting the freeze that has been in place since 2010 restricting the filing of major modifications for Class A, LPTV, and TV translator stations and the filing of applications for new LPTV and TV translator stations.”

The Advanced Television Broadcasting Alliance (ABTA) responded to the announcement with an email to members that said “as many of you [will] remember from our recent meeting with Barbara Kreisman, chief, Video Division, FCC Media Bureau, this policy change has been in the works for some time. Kreisman emphasized the importance of addressing viewer reception issues and improving television service quality and finishing up of the LPTV repack rebuilds. Her insights and leadership have been instrumental in shaping this new opportunity for our industry.”

The ABTA noted that the new policy allowing channel change applications will take effect on August 20, 2024 and is open to all Class A television, LPTV, and TV translator stations nationwide without geographic limitations but is only open to channel change applications. The current freeze will remain for other major modifications and applications for new LPTV and TV translator stations.

The applications will be on a first-come, first-serve basis and the FCC will “cut off” applications daily to determine mutual exclusivity, the ABTA said. The fee for major change applications is $4,755.00 for Class A stations and $865.00 for LPTV and TV translator stations.

Requests to move a facility greater than 30 miles are not permitted and remain subject to the existing freeze, the group said. 

The FCC Media Bureau also reported that “at a future date, the Bureau will announce by Public Notice plans and procedures to lift the freeze on all major changes to Class A, LPTV, and TV translator stations (e.g., channel change, relocating transmitter sites greater than 30 miles or without contour overlap)  and resume first-come, first-serve applications for new LPTV and TV translator stations.  The opportunity for Class A, LPTV, and TV translator stations to change channels will remain available unless subsequently frozen by the Bureau.”

The full FCC document is available here.  

The FCC has issued a Notice of Proposed Rulemaking (NPRM) that would revise rules governing low power TV stations (LPTV) in a number of areas, including online public file requirements, and rules governing operations of Class A television (i.e. stations that operate at low power, like LPTV/TV translator stations, but are afforded primary interference protection status), LPTV, and TV translator stations.

The FCC also announced that it will vote on the NPRM, which would significantly increase the rules governing LPTV stations, at the June Open Commission Meeting scheduled for Thursday, June 6, 2024. 

In announcing that it was seeking public comment on the NPRM, the FCC noted that “the Commission created the LPTV Service in 1982 to bring local television service to viewers “otherwise unserved or underserved” by existing full power stations. Today, the LPTV Service is an established component of the nation’s television system, delivering free over-the-air TV service, including locally produced programming, to millions of viewers. The NPRM proposes changes to our rules and policies to ensure it continues to flourish and serve the public interest.”

More specifically the NPRM would seek comment on whether to require top-four network affiliated LPTV stations to comply with the same online public file (OPIF) requirements applicable to full power and Class A television stations, or alternatively whether OPIF requirements should be applied to LPTV stations that are among the top-four TV stations in each market based on the Nielsen ratings.

It also proposes to adopt procedures for LPTV stations to establish an OPIF, and it proposes to make public inspection and political broadcasting rules applicable to all LPTV stations.

In addition the NPRM proposes a number of technical and operational amendments to the FCC’s current rules relating to translators and other issues. 

Those technical and operational amendments would include a proposal to amend the method for calculating the maximum distance that a displaced or channel sharing station may move under the FCC displacement rule and clarify the maximum distance that Class A and LPTV/TV translator stations may move under our minor modification rule.

It would also require that Class A and LPTV/TV translator stations “specify a community of license within their station’s contour”; adopt minimum operating and defined minimum video program requirements for LPTV stations; require stations in the LPTV Service seek authority to change designation and maintain a call sign consistent with their class of service; specify requirements pertaining to emissions masks; prohibit LPTV/TV translator station operations above TV channel 36; and clarify the circumstances in which LPTV/TV translators stations are eligible for displacement.

The FCC noted that NPRM was being released as part of a “permit-but-disclose” proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in MB Docket Nos. 24-147 and 24-148, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). 

The full NPRM can be found here. 

WASHINGTON—The LPTV Spectrum Rights Coalition has informed the Federal Communications Commission about the efforts of Class-A and LPTV stations to inform the public about the ongoing COVID-19 pandemic.

The letter to FCC Chairman Ajit Pai and Commissioners Michael O’Rielly, Brendan Carr, Jessica Rosenworcel and Geoffrey Starks lays out nearly 20 examples of how Class-A and LPTV networks and stations have responded to the crisis.

“From national networks serving the LPTV community, to ethnic networks and the local stations serving both urban and rural areas, these small businesses are stepping up to be a key critical source of trusted local information and news about the pandemic,” said the letter, which was penned by coalition director Michael Gravino.

Nationwide networks mentioned in the letter include the 3ABN faith network, which reaches a potential 100 million people with its 175 Class-A and LPTV stations; NewsNet, a national news network serving many Class-A and LPTV affiliates reaching as many as 59 million viewers; and DiyaTV, a national southeast Asian network airing in Chicago, San Francisco, Dallas, Atlanta, Orlando, Fla., and Bakersfield, Calif., reaching a potential 20 million viewers.

The coverage approach of these networks ranges from producing additional live programming about the pandemic, airing conversations with physicians and pastors and delivering breaking news daily to coverage of local nonprofits, interviews with the president of India and carrying President Donald Trump’s daily COVID-19 press briefing. 

The letter also pointed to the efforts of individual Class-A stations, like WLFT-CD in Baton Rouge, La., and WNCE in Albany, N.Y., as well as the steps many LPTV operators are taking, such as WHCQ-LD in Cleveland, Miss., which is covering county supervisor meetings in their entirety during which various officials offer updates on the status of the virus locally, and WXWZ-LD in Guayama, Puerto Rico, a hyperlocal Spanish-language stations airing locally produced public service announcements.

In the letter, Gravino asked the agency to acknowledge the efforts of Class-A and LPTV stations to address the pandemic. 

“Many [of the LPTV licensees] have turned over hours and hours of time to serve the local information needs of the community,” Gravino said in the letter. “And the owners and staff keep coming into work to make sure the station is operating.”

PLUS: Pai Praises Broadcasters' Efforts During Coronavirus

The coalition separately communicated to its members today that it cannot count on NAB to represent the interests of LPTV stations to secure a part of a $5 billion to $10 billion media buy by the federal government being sought to assist local media during the economic downturn stemming from the pandemic.

In the coalition’s newsletter, Gravino said “…we will have to do this lobbying of Congress on our own.” He urged the coalition’s membership to provide financial support for the effort.

WASHINGTON--The FCC has cancelled a planned construction permit auction for low power and translator TV facilities affected by the channel repack.

The commission adopted rules that gave LPTV/Class A TV facilities that would be displaced by the repack until July 22, 2019 to enter into agreements that would resolve mutual exclusivity. On Friday, it announced that it had accepted and approved all dismissal requests or settlement proposals surrounding the issue.

LPTVs and Class A/translator stations are not protected in the channel repack, which is scheduled to be completed a year from now. 

"It is good to see that these displacements from the incentive auction repacking process have been resolved, and that the spectrum can be quickly put into productive use," said Mike Gravino of the Next Gen TV Coalition, an organization representing LPTV/Class A stations. "These are along with the 1,456 displacements filed, and the 1,390 which have been granted, and 66 pending. 

"The FCC's Video Division and Media Bureau have served the industry well with this efficient and user-friendly process," Gravino continued. "And along with the thousands of those not impacted by the auction or repack, the LPTV industry can say for sure it survived and has great potential going forward and into next gen TV. We trust this bodes well for the $150 million displacement fund process next fiscal year, as those funds need to be equitably distributed." 

For more information on the repack, visit TV Technology's repack silo.

This article has been updated. 

WASHINGTON—While the recent summer heat wave has melted nearly everything frozen, the FCC is doing its own kind of melting with the Media Bureau announcing a lift on the freeze imposed on the filing and processing of minor modification applications for full power and Class A stations.

Thanks to the now reopen application process—which was initially ceased on April 5, 2013—full power stations can apply for an increase to its noise-limited contour, while Class A stations can file to increase its protected contour, in one or more directions beyond the station’s authorized facilities. These actions are limited to full power and Class A stations that were reassigned to new channels as part of the repack and have yet to complete the transition to their post-auction channels.

While the freeze was in effect, stations had to apply for a waiver to complete their transition in instances of an antenna not exactly matching the previously authorized antenna pattern or the authorized height of the antenna on a station’s tower differs from the actual installed height. Lifting the freeze is designed to relieve stations of these steps as they move through the repack process.

The freeze is only lifted for the qualified stations, remaining in place for all others.

Minor modification applications will be processed on a first-come-first-served basis, with the filing of an acceptable application cutting off the filing rights of subsequent, conflicting applications.

More information is available by visiting fcc.gov/media.

For more information on the repack, visit TV Technology's repack silo.

WASHINGTON--The Federal Communications Commission today proposed rules to reimburse some low-power TV stations, TV translators and FM stations for costs resulting from the 2017 spectrum incentive auction, following up on a recent Congressional directive known as "The 2018 Reimbursement Expansion Act."

The act “expanded the list of eligible entities to include LPTV, TV translator and FM stations, provided additional funds to be used for this purpose, increased the funds available to reimburse full power and Class A stations and MVPDs and provided funds to be used for consumer education purposes,” the FCC said today. The statute also created a deadline of March 23, 2019, for the commission to adopt a Report and Order.

According to the NPRM (MB Docket No. 18-214; GN Docket No. 12-268), reimbursement will be available for LPTV stations and TV translators, “if (1) they filed an application during the commission’s Special Displacement Window and obtained a construction permit, and (2) were licensed and transmitting for at least nine of the 12 months prior to April 13, 2017.”

[Read: FCC Will Open April Window For Auction-Displaced LPTVs]

Additionally, the order says the Media Bureau should engage a third-party contractor to assist in the administration of the fund and also directs the bureau to determine cost eligibility and the reimbursement process. However, “the Media Bureau will consult with the Office of General Counsel and the Office of the Managing Director,” the order says.

The order also shares plans to use the $50 million provided by the REA for consumer education. According to the order, the commissioners “anticipate, among other initiatives, hosting a dedicated consumer service call center to provide consumers technical support and assistance on such matters as rescanning and other means to resolve potential reception issues. We also intend to perform targeted outreach to specific communities about rescanning, and we may use advertising spots to disseminate rescanning information. Consumer education funding could also be used in developing additional online resources...”

The NPRM also notes that the additional REA funds must be used no later than July 3, 2023.

FCC Chairman Ajit Pai said, “I’d like to thank Congress for passing legislation which provides additional reimbursement funds for full power and Class A stations, reimbursement funds for newly-eligible LPTV, TV translator, and FM stations, and funds for the commission to use for consumer education purposes.” Pai also thanked the commission staff who worked on the notice.

In his own statement, Commissioner Michael O’Rielly emphasized that he agrees with the reimbursement plans in general but thinks further input is needed before action. Specifically, he said, “While Congress carefully outlined how it intended FY18 monies to be spent, it provided less clarity for FY19. Should these funds be allocated similar to FY18 funds? Should television stations have priority? The answers to these questions will affect how interested parties are reimbursed for relocating during the repacking process...”

Additionally, O’Rielly questioned the validity of the “graduated reimbursement system” based on the idea that time equals money and asked for feedback and alternative proposed system(s) to allocate money.

O’Rielly also cautioned that the educational efforts should not duplicate “efforts undertaken by broadcasters or other stakeholders, or take on initiatives outside of [the commission’s] expertise, such as producing advertising spots.”

Finally, O’Rielly wrote, “I support edits in this item that will mitigate the use of delegated authority, as well as remove the tentative conclusion that third parties who made funding arrangements with LPTVs prior to the passage of REA are ineligible for funding.”

Commissioner Jessica Rosenworcel did not release a statement, but the Notice of Proposed Rulemaking and Order (FCC 18-113) indicated her approval and that of Commissioner Brendan Carr, whose statement was still pending as of writing.

[Read: FCC Allocates Additional $742 Million For Repack Expenses]

The NPRM “tentatively concludes that both full power FM stations and FM translators that were licensed and transmitting on April 13, 2017, using the facilities affected by a repacked television station, are eligible for reimbursement.” This includes “FM stations that incur costs to permanently relocate, temporarily or permanently modify their facilities, or purchase or modify auxiliary facilities to provide service during work on a repacked television station’s facilities.” Also, the NPRM recommends that the reimbursement process be “substantially similar to” that already used to reimburse full power and Class A licensees and MVPDs.

NAB Executive Vice President of Communications Dennis Wharton released a statement saying, “Earlier this year, Congress wisely authorized additional funding to ensure that tens of millions of Americans will not lose access to news, entertainment and lifeline information during the broadcast industry ‘spectrum repack.’ NAB is encouraged by the FCC proposal adopted today that closely mirrors the intent of Congress. NAB will be actively engaged during the rulemaking process to preserve live and local broadcasting on hometown radio and television stations, low power TV stations and TV translators."

For more information on the repack, visit TV Technology's repack silo.