81 FR 73044 - Incentive Auction Task Force and Media Bureau Seek Comment on Post-Incentive Auction Transition Scheduling Plan
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 205 (October 24, 2016)
Federal Register Volume 81, Issue 205 (October 24, 2016)
| Page Range | 73044-73055 | |
| FR Document | 2016-25333 |
[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)] [Proposed Rules] [Pages 73044-73055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25333] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 27, 73, and 76 [GN Docket No. 12-268, MB Docket No. 16-306; DA 16-1095] Incentive Auction Task Force and Media Bureau Seek Comment on Post-Incentive Auction Transition Scheduling Plan AGENCY: Federal Communications Commission. ACTION: Proposed rule, request for comment. ----------------------------------------------------------------------- SUMMARY: This document seeks comment on the proposal set forth by the Media Bureau, in consultation with the Incentive Auction Task Force, the Wireless Telecommunications Bureau, and the Office of Engineering and Technology, for developing a post-incentive auction transition scheduling plan. In preparing their submissions commenters should be mindful of the Commission's prohibited communications rule, which prohibits broadcasters and forward auction applicants from communicating any incentive auction applicant's bids or bidding strategies to other parties covered by the relevant rules. DATES: Comments due on or before October 31, 2016 and reply comments due on or before November 15, 2016. FOR FURTHER INFORMATION CONTACT: Evan Morris, Video Division, Media Bureau, Federal Communications Commission, (202) 418-1656 or Erin Griffith, Incentive Auction Task Force, Federal Communications Commission, (202) 418-2957. ADDRESSES: You may submit comments, identified by GN Docket No. 12-268 and MB Docket No. 16-306, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Federal Communications Commission's Web site: https://www.fcc.gov/. Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/. Paper Filers: Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554. People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418- 0530 or TTY: 202-418-0432. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document, DA 16-1095, in GN Docket No. 12-268 and MB Docket No. 16-306; released on September 30, 2016. The full text of this document, as well as all omitted Illustrations, Figures and Tables are available on the Internet at the Commission's Web site at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db1003/DA-16-1095A1.pdf; https://www.fcc.gov/wireless/auction-1001 and selecting the ``Documents'' tab; or by using the search function for GN Docket No. 12-268, MB Docket No. 16-306 on the Commission's Electronic Comment Filing System (ECFS) Web page at http://www.fcc.gov/cgb/ecfs/. The full text is also available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554 (telephone: 202-418-0270, TTY: 202- 418-2555). Synopsis In the Incentive Auction Report and Order (IA R&O), 79 FR 48441, August 15, 2014, the Federal Communications Commission (Commission or FCC) delegated authority to the Media Bureau (the Bureau) to establish construction deadlines within the 39-month post-auction transition period for television stations that are assigned to new channels in the incentive auction repacking process. In delegating authority to the Bureau to establish construction deadlines within the transition period, the FCC directed the Bureau to tailor the deadlines to stations' individual circumstances. The Commission also determined that a phased construction schedule would facilitate efficient use of the resources necessary to complete the transition. In the IA R&O the FCC also directed the Bureau to account for ``the needs of forward auction winners and their construction plans.'' Based on the record to date and on staff analysis and computer modeling, the Bureau is developing a plan to create a phased transition schedule for broadcasters that are reassigned to a new channel in the repacking. Under this phased approach, stations will be assigned to one of 10 ``transition phases'' with sequential testing periods and deadlines, or ``phase completion dates.'' The phase completion date will be the date listed in each station's construction permit as its construction deadline and will be the last day that a station may operate on its pre-auction channel. A station ``must cease [[Page 73045]] operating on [its] pre-auction channel once [that] station begins operating on its post-auction channel or by the deadline specified in its construction permit for its post-auction channel, whichever occurs earlier.'' 47 CFR 73.3700(b)(4)(iii). We interpret ``begin operating'' to mean when the station begins providing a broadcast television service to the public on its post-auction channel, not simply testing equipment on that channel. We believe a phased approach will smooth the way for station coordination, promote efficient allocation of limited resources, limit the impact of the transition on consumers, and facilitate FCC monitoring to determine whether schedule adjustments are necessary during the course of the transition process. The proposed approach is also designed to provide information to stations, vendors, and other industry participants in a way that will allow them to plan for and respect the obligations and resource requirements of stations that are assigned to earlier phases. This approach will take into account our international obligations and the agreement to undertake in a joint repacking with Canada. We seek comment on the proposed approach and the methodology described in Appendix A of the Public Notice for establishing a transition schedule, as well as the alternative constraints we present therein. Based on the development of the record and staff analysis, the Bureau will adopt a post-auction transition scheduling plan that will be used to create a phased transition and assign stations individual construction permit deadlines. Post-Auction Transition Scheduling Process. The initial steps of the post-auction transition scheduling process will occur before the incentive auction closes. Once the final stage rule has been satisfied, no additional stages of the auction will be required. Therefore, as soon as the final stage rule is satisfied, the final television channel assignment plan will be determined. The Bureau will use the final channel assignments to establish a phased transition schedule for relocated stations and stations that voluntarily moved to a different band as part of the auction. We propose that the schedule be established using the methodology described in this Public Notice and Appendix A. We anticipate that the Bureau will be able to determine the final channel assignment plan and the phase assignments prior to the conclusion of the forward auction. Therefore, because we recognize the importance of providing broadcasters with as much time as possible to prepare for the transition, we intend to send each eligible station that will remain on the air after the auction a confidential letter identifying the station's post-auction channel assignment, technical parameters, and assigned transition phase. If a station is not reassigned to a new post-auction channel, its confidential letter will list the station's pre-auction channel and technical parameters. Once the forward auction concludes, we will release the Auction Closing and Channel Reassignment PN (Closing and Reassignment PN), which will announce that the reverse and forward auctions have ended and specify the effective date of the post-auction repacking. The information provided in the confidential letter will be subject to change in the Closing and Reassignment PN, we do not anticipate significant changes. Among other things, the Closing and Reassignment PN will announce the post-auction channel assignment and technical parameters of every station eligible for protection in the repacking process that will remain on the air after the incentive auction. The Closing and Reassignment PN will also announce the transition phase, phase completion date, and testing period for each reassigned station. Stations reassigned to new channels will have three months from the Closing and Reassignment PN release date to file construction permit applications proposing modified facilities to operate on their post- auction channel facility specified in the Closing and Reassignment PN. See 47 CFR 73.3700(b)(1)(i)-(iii), (vi), (iv)(A). The Bureau will then issue each station a construction permit. The construction permit deadline will be the phase completion date for that station. Stations will be required to abide by the deadlines and requirements of the transition scheduling plan. A station that does not comply with the requirements of the plan may be subject to sanction or other action, as permitted under the Commission's rules. See, e.g., 47 CFR 1.80; 47 CFR 73.3598(e). As illustrated below, the transition phases will all begin at the same time but will have sequential phase completion dates. Each phase will have a defined ``testing period'' that ends on the phase completion date. While stations may engage in planning and construction activities at any time prior to their phase completion date, equipment testing on post-auction channels will be confined to the specified testing periods in order to minimize interference and facilitate coordination. Other than for the first phase, the testing period will begin on the day after the phase completion date for the prior phase. The proposed plan is premised on the likelihood that winning go off-air bidders have ceased operations on their pre-auction channels prior to the first transition phase testing period, either because they have relinquished their license and gone off air, or because they have implemented a channel sharing arrangement and are now operating on the shared channel. Whether a station needs to coordinate with other stations during the testing period will depend on whether it is part of a ``linked- station set,'' that is, a set of two or more stations assigned to the same phase with interference relationships or ``dependencies.'' Section II of Appendix A describes dependencies in detail. Stations that are not part of a linked-station set may operate on their pre-auction channels and test on their post-auction channels during the testing period without the need for coordination. Conversely, stations that are part of a linked-station set must coordinate testing with other stations in the set so as to avoid undue interference and must transition to their post-auction channels simultaneously. In order to facilitate coordination, linked-station sets will be identified in the Closing and Reassignment PN. The graph below illustrates a hypothetical phased transition schedule under the Bureau's proposed approach. The relatively longer test period for stations in phase 2 is a result of the fact that this is the first phase in which ``complicated'' stations can be assigned. Thus, it is likely that there will always be a longer test period for stations. [Illustration Omitted] Phase Assignment and Scheduling Tools. The Bureau proposes to use two computer-based tools to establish a phased transition schedule. Consistent with the Commission's direction, we believe that these two tools will allow the Bureau to establish a transition schedule that takes into account the complexity of stations' individual circumstances, allocates resources fairly, and balances forward auction winners' needs with those of transitioning broadcasters. The first tool is the Phase Assignment Tool, which will assign television stations to transition phases. The Phase Assignment Tool is intended to group stations together in a way that will support an orderly, managed transition process based on a set of enumerated constraints and objectives. The second tool is the Phase Scheduling Tool, which will estimate the time required for stations in each phase to complete the tasks required to transition in light of resource availability. The Bureau will [[Page 73046]] use the Phase Scheduling Tool to guide it in establishing phase completion dates for each phase. [Illustration Omitted]. We propose to use mathematical optimization techniques in the Phase Assignment Tool to assign stations to transition phases based on a defined set of constraints and objectives. We propose specific constraints and objectives, including the priority of the objectives, in Appendix A. We believe that the constraints and objectives proposed will result in a solution that minimizes dependencies created by interference issues, ensures that the 600 MHz Band is cleared as expeditiously as possible, clusters groups of stations into the same phase to help manage scarce transition resources, and minimizes the impact of the transition on consumers. After stations are assigned to phases, the Bureau proposes to use the Phase Scheduling Tool to help determine the phase completion date for each phase. By modeling the tasks required to complete the transition, and accounting for limited resources, this Tool estimates the total time necessary for stations within a phase to complete the transition process. The Phase Scheduling Tool accounts for limited resources by constraining the amount of such resources available to stations within a phase at any given time. If a required resource is unavailable, the stations will obtain access to the required resource according to their ``simulation order,'' and the Tool will estimate the time required for all stations to complete the transition phase based on that order. The Bureau proposes to run the Phase Scheduling Tool with different simulation orders to produce a range of estimated times for each transition phase. By generating results for multiple simulation orders, the Tool produces a range of estimated completion times for each phase. The Bureau will use the resulting range of estimated times to guide its determination of a phase completion date for each transition phase. Appendix A details the specific tasks or processes that we propose to model in the Phase Scheduling Tool for each stage of the transition process, as well as the estimated time and resource availability for each task. The proposed estimates are based on information from the Widelity Report, submissions from stakeholders, and informational discussions with tower crew companies, antenna and transmitter manufacturers, and broadcasters. We believe that the proposed estimates are conservative and reasonable. Other Issues. Before transitioning to their post-auction channels, stations ideally should be able to test equipment on their new channels. During the transition, however, many stations would likely cause undue interference to one another if they test or operate on their post-auction channels without first coordinating with large numbers of other stations to avoid causing such interference. Appendix A sets forth in detail the results of the staff's analysis and modeling of transition-related interference relationships between stations. The Commission has in the past allowed temporary increases in interference to broadcasters in order to facilitate transitions to new services. For example, the Commission permitted new wireless licensees in the 700 MHz Band to cause temporary increases of up to 1.5 percent interference to broadcasters. Qualcomm Order 21 FCC Rcd 11683 (2006). In doing so, the Commission balanced ``the public interest benefits of an accelerated deployment in the 700 MHz Band against the importance of sustaining a minimally disruptive transition to DTV for consumers'' and emphasized that it has a ``forward-looking preference toward those services that are the end-points'' of the transition. Qualcomm Order 21 FCC Rcd at 11697, para. 31. In addition, the Commission permitted three-way band clearing agreements that could result in up to two percent temporary interference to the population served of stations that were not parties to the agreement. See Upper 700 MHz Band 3rd R&O, 66 FR 10204, February 14, 2001; Upper 700 MHz Band Recon Order, 66 FR 51594, October 10, 2001. The Commission rejected broadcasters' arguments that the two percent standard was inappropriate because the interference permitted would be for the benefit of new wireless licensees and not broadcasters' efforts to transition to DTV, explaining that clearing the 700 MHz band was an integral part of the DTV transition. The staff's analysis indicates that allowing temporary pairwise interference increases above the 0.5 percent authorized by the rules governing permanent interference, 47 CFR 73.616(e), is likely to significantly reduce inter-dependencies between stations, thereby reducing the amount of coordination needed to allow testing of a station's post-auction facility. During the post-auction transition the percentage of increased pairwise interference is relative to a station's pre-auction baseline interference-free population. We propose during the transition to allow temporary pairwise interference increases of up to two percent, which we believe will produce substantial benefits without undue disruption to television service during this limited period. Pairwise interference increases beyond the 0.5 percent permitted by the Commission's rules will not be permitted past conclusion of the post-auction transition period. Temporary pairwise interference increases of up to 2 percent could occur at any time during the transition on either a station's pre-auction and post- auction channels. It could affect both reassigned stations and those that will remain on their pre-auction channels. Another means of reducing the size or number of linked-station sets, and facilitating a station's ability to operate on its pre- auction channel while testing on its post-auction channel, would be to assign some stations to temporary channels during the transition. A station assigned to a temporary channel would have to transition twice: Once to its temporary channel and then to its post-auction channel during a later transition phase. We do not propose to assign temporary channels as part of the phased transition scheduling plan. We tentatively conclude that the benefits of using temporary channels are not great enough to warrant their use in light of the potential burdens. For example, using temporary channels would require stations to move twice, which may confuse viewers. Stations would also need to acquire additional equipment, which would place additional demands on resources and increase overall transition costs. Nevertheless, we invite comment on using temporary channel assignments and on issues that would be raised if we were to do so. Whether we ultimately decide to use temporary channels as part of the phased transition scheduling plan depends on how the record develops and whether we adopt other, effective means of reducing the number and size of linked-station sets. Should we decide to use temporary channel assignments, we tentatively conclude that temporary channels may be assigned to full power or Class A stations and may be located anywhere in the post- auction VHF or UHF television bands, as well as in the new 600 MHz wireless band. Temporary channel assignments would replicate pre- auction coverage area and population served and would be listed in the Closing and Reassignment PN along with ultimate post-auction channel assignments. A station would only be assigned a temporary channel within its post-auction band. We propose to limit such assignments to stations in complex ``cycles'' of inter- [[Page 73047]] dependency, which are discussed in detail in Appendix A. We also propose to limit such assignments to channels that are close to a stations' ultimate channel assignments, and to relatively low power stations (e.g., Class A stations or other stations similar in power), in order to limit the associated burdens and costs. Because we anticipate that stations would need to commence operations on temporary facilities early in the transition, we propose to require that stations assigned to temporary channels apply for special temporary authority (STA) within 90-days of the release of the Closing and Reassignment PN. A licensee that is assigned a temporary channel must comply with all filing and notification requirements, construction schedules, and all other post-auction deadlines that would apply to construction of the station's ultimate post-auction facility. We do not believe that requiring broadcasters to license their temporary channel facilities is appropriate in light of the temporary nature of the operations. If we decide to use temporary channel assignments, we tentatively conclude that stations will have must-carry rights on their temporary channels. We believe the statute may reasonably be interpreted to extend such rights. Section 614 of the Communications Act of 1934, as amended, defines an eligible full-power television station entitled to must-carry as one that is ``licensed and operating on a channel regularly assigned to its community by the Commission that, with respect to a particular cable system, is within the same television market as the cable system.'' Consistent with the broad definition of ``license'' in section 153 of the Act, we believe the term ``licensed'' in this context may be interpreted to include an STA. We also believe that the term ``channel regularly assigned to [the station's] community by the Commission'' in this context may be interpreted to encompass a temporary channel assignment. While this language could be read to refer to a channel allotted to a particular community in the DTV Table of Allotments (DTV Table), the FCC has explained that it ``will not use a codified Table of Allotments or rulemaking procedures to implement post-auction channel changes.'' IA R&O 79 FR at 48491. During the post- auction transition period, therefore, temporary or permanent channels will be ``regularly assigned'' to communities on a case-by-case basis in response to applications rather than by amending the DTV Table. Further, as a practical matter, channels assigned on a temporary basis would enable stations to serve the same coverage area and population as they did on their pre-auction channels, meaning that the stations will continue to serve the same communities of license set forth in the Table as they did before the auction. We do not believe that MVPDs would be unduly burdened by extending must-carry rights to stations on temporary channels. MVPDs are eligible for reimbursement when they ``reasonably incur costs in order to continue to carry broadcast stations that are reassigned as a result of the auction.'' IA R&O 79 FR at 48497. Such costs include the reasonable costs to set up delivery of a signal that the MVPD is required to carry under the Commission's must-carry rules or under retransmission consent contracts. Under this standard, MVPDs likewise would be eligible for reimbursement of all eligible costs in order to continue to carry a reassigned station operating on a temporary channel. Finally, we believe that extending must-carry rights to a station's temporary facility will further the important interests Congress sought to advance through the must-carry provisions, specifically ``preserving the benefits of free, over-the-air local broadcast television and promoting the widespread dissemination of information from a multiplicity of sources.'' Carriage of Digital Television Broadcast Signals: Amendments to Part 76 of the Commission's Rules, 70 FR 14412, 14418, para. 35, March 22, 2005. If we decide to use temporary channel assignments, we propose that any temporary channel assignments in the 600 MHz Band would be subject to the inter-service interference (ISIX) protections adopted in the ISIX Third Report and Order, 80 FR 71731, 71736-37, November 17, 2015, as well as the other interference protections provided for in our rules and any temporary pairwise interference adopted for the post-auction transition. Although STA operations are not protected against interference under our normal rules, we believe that the public interest would be served by extending the same protections to temporary channels that would apply to any licensed facility during the post- auction transition. In addition, a full power or Class A station operating on a temporary channel could displace a low power television (LPTV) station. Consistent with the Commission's previous interpretation, section 336(f)(7)(B) of the Act would not apply to temporary channel assignments for Class A stations for purposes of the post-auction transition because these temporary channels will be assigned by the Commission, not proposed by Class A licensees. See IA R&O 79 FR at 48463; 47 U.S.C. 336(f)(7)(B). We propose that an operating LPTV station displaced by a temporary channel assignment could file for a new channel during the post-auction LPTV displacement window. Alternatively, displaced LPTV stations could go silent or seek temporary authorization to operate its facility at variance from its authorized parameters in order to prevent interference. Depending on the station's proximity to Mexico or Canada, coordination approval may be required from that particular country. The Commission anticipated the possibility of using temporary channels to facilitate the transition and stated that the reasonably incurred costs of equipment needed to move to temporary channels are eligible for reimbursement. IA R&O 79 FR at 48501. Thus, such costs would be eligible for reimbursement in the same manner as costs related to construction of permanent post-auction channel facilities. As discussed above, MVPDs likewise should be eligible for reimbursement of all eligible costs in order to continue to carry a reassigned station operating on a temporary channel. As explained above, the Closing and Reassignment PN will announce the transition phase, phase completion date, and testing period for each reassigned station. We recognize that individual stations may wish to raise concerns regarding their particular phase assignments, phase completion dates, and/or testing periods once the Closing and Reassignment PN is released. In considering any such concerns, we must be mindful of the potential impact of requests for changes or adjustments on other stations and on the overall phased transition schedule. While we tentatively conclude that we will rely on existing rules and procedures to address any such concerns, we also seek comment on whether to establish an alternative process. If we take the former approach and allow stations to challenge the PN as it impacts them, should we waive any rules or procedures in order to facilitate the transition? We recognize that some stations may seek to construct an expanded facility or alternate channel that differs from the technical parameters assigned in the Closing and Reassignment PN. Further, during the transition period some stations may request extensions of their construction deadlines and may seek authority to continue operating on their pre-auction channel after their phase completion date. While a station may [[Page 73048]] request an extension of its construction permit deadline as set forth in 47 CFR 73.3700(b)(5), grant of such a request only permits the station additional time to complete its construction on its final channel and does not permit a station to continue operating on its pre- auction channel. In order to do so a licensee must request special temporary authority (STA). In evaluating any such requests, we propose to examine the impact that grant of the request would have on the phased transition schedule; for example, by evaluating whether such modification may create new or affect existing dependencies (i.e., daisy chains or cycles). Any requests for expanded facilities or alternate channels by stations in the border regions with Mexico or Canada will require coordination approval from the country in question. The Bureau will view favorably requests that are otherwise compliant with our rules and have little or no impact on the phase assignments or transition schedule. If an application for an alternate channel or expanded facilities is granted, the initial deadline listed in the construction permit for the alternate channel or expanded facilities will be the same as the deadline in the station's initial construction permit. Thus, any station requesting an expanded facility or alternate channel will be required to abide by the construction deadline and other transition schedule requirements applicable to the phase to which the station is assigned unless otherwise modified by the Bureau. Any request that the staff determines would be likely to delay or disrupt the transition, such as by causing pairwise interference above two percent to another station, creating additional linked-station sets, necessitating another station move to a different transition phase, or that is likely to cause a drain on limited transition resources required by other stations, will be viewed unfavorably. The Bureau will view requests that have such adverse effects on the transition schedule more favorably if the requesting station demonstrates that it has the approval of all the stations that would be affected if the request were granted, or it agrees to take steps during the transition period to mitigate the impact of the proposed request--such as by accepting additional levels of temporarily increased interference or operating at variance from its pre-auction licensed parameters (i.e., operating with reduced facilities). After evaluation, the Bureau may choose to modify transition phase assignments and construction deadlines to enable grant of a request. If the Bureau determines that granting a particular request would not cause adverse effects on the transition schedule, or that granting a request would be beneficial to the transition plan, the Bureau may adjust the phase assignment of the requesting station, or if necessary, other stations as well. However, we propose that no station will be assigned to an earlier transition phase than it was originally assigned to without its consent. To the extent that the Bureau denies a request for a station to continue operating on its pre-auction channel past its phase completion date, the Bureau will work with the impacted licensee to remain on-air while construction of its post-auction facility is completed. Each circumstance will be evaluated on a case-by case basis. Commenters should be mindful that Commission rules prohibit broadcasters and forward auction applicants from communicating any incentive auction applicant's bids or bidding strategies to other parties covered by the relevant rules. See 47 CFR 1.2205(b)(1), (c)(1), (c)(6)(ii). The relevant prohibitions will apply prior to, during, and after the period for comment. The prohibition covers related parties, as well as covered broadcast licensees and forward auction applicants. 47 CFR 1.2205(a)(1) and 1.2105(c)(5)(i). We previously have cautioned that statements to the public may create a risk of prohibited communications when the public statement should be expected to result in a communication that violates the rule. Accordingly, comments submitted to the Commission may violate one of the prohibitions even though not made directly to another party covered by the rule. Moreover, a communication that does not explicitly state a bid or bidding strategy but conveys information that leaves little doubt about an incentive auction applicant's bids and bidding strategies may violate the rule regardless of the communicating party's intent. A covered party may also violate the prohibition any time it conveys information that might communicate known past or future bids or bidding strategies of any other covered party. Information regarding past, as well as future, bids and bidding strategies is covered by the prohibitions. Furthermore, the prohibitions apply to more than a party's desired auction outcome and steps the party has taken or will take to achieve it. The fact that a party is not communicating its own bids or bidding strategies, or is communicating only the irrevocable results of another's bids or bidding strategies, will not preclude the statements from violating the prohibition. For example, a broadcaster that is not participating in the auction may not communicate that a prospective channel sharing partner no longer will need to share with it because it has exited the auction. Similarly, a forward auction applicant whose initial eligibility has decreased may not communicate that it has foregone prior plans to pursue particular markets due to reduced eligibility. These prohibitions should not, however, preclude any party from addressing relevant issues regarding the post-auction transition. Until the final stage rule is met, all broadcasters reasonably might be expected to plan for a potential relocation to a new channel in their pre-auction band, regardless of participation in the reverse auction or current bidding status. Statements of general applicability, not related to a particular broadcaster's circumstances or a forward auction applicant's plans, generally should not disclose any incentive auction applicant's bids or bidding strategies. Furthermore, given that public statements regarding whether or not a broadcaster applied to participate in the incentive auction are not deemed to violate the rule, a broadcaster that has disclosed that it did not apply to participate will not disclose bids or bidding strategies by discussing the details of its own transition. For reasons already discussed, such a broadcaster that may share its post-auction channel with an auction participant must, however, exercise caution to avoid disclosing the bids or bidding strategies of its prospective channel partner. This is true with respect to statements regarding the technical interdependencies to be considered by the Phase Assignment Tool or the resource constraints relevant to the Phase Scheduling Tool, even if the statements might be applicable to the station's individual transition as well. A party's statements of general applicability will not violate the prohibition solely because they are consistent with its bids or bidding strategy. Rather, to be prohibited, statements must communicate bids or bidding strategies, either directly or by leaving little doubt regarding what they are, regardless of the lack of a direct statement. Administrative Matters. The proceeding shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. See 47 CFR 1.1200 et seq. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different [[Page 73049]] deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with section 1.1206(b) of the rules. In proceedings governed by section 1.49(f) of the rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable.pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for notice and comment rule making proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 through 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, Title II, 110 Stat. 857 (1996). The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). Written public comments are requested on the IFRA, and must be filed in accordance with the same filing deadlines as comments on the Public Notice, with a distinct heading designating them as responses to the IRFA. With respect to the Public Notice, an Initial Regulatory Flexibility Analysis (IRFA) under the Regulatory Flexibility Act is contained in Appendix B of the document. Appendix A--Phase Assignment and Scheduling Tools Appendix A sets forth a proposed methodology for assigning construction deadlines to stations based on the staff's analysis and the record developed to date. Potential ``dependencies,'' or interference relationships, between certain television stations on pre-auction and post-auction channels will impact the transition process. As the Commission recognized, stations with dependencies must coordinate in order to test equipment or begin operating on their new channels without causing interference. Coordination may involve stations agreeing to operate at lower power or accept increased interference for short periods of time while the stations involved are performing tests. Dependencies can involve numerous and/or distant stations, however, making successful coordination extremely challenging. The FCC staff has analyzed these dependencies to develop a means of breaking them in order to reduce the need for coordination and to make remaining coordination more manageable. These possible solutions that were considered include assigning stations to separate ``transition phases,'' allowing temporary interference increases, and assigning stations to temporary channels. Under this proposal, stations would be assigned to a limited number of transition phases. The phases will begin at the same time, but have sequential end dates. Equipment testing on post-auction channels will be confined to set ``testing periods.'' With the exception of the first phase, the testing period for subsequent phases will begin on the day after the end of the preceding phase. Every station must cease operating on its pre-auction channel at the end of its assigned phase, also known as the ``phase completion date.'' The proposed methodology would utilize two computer-based tools to assign stations to phases and establish phase completion dates for each phase. First, stations would be assigned to phases using the Phase Assignment Tool, which applies optimization techniques to identify, among solutions that satisfy a set of defined rules or constraints, a solution that best meets a separate set of defined objectives. After stations are assigned to phases, the Phase Scheduling Tool would be used to help determine the phase completion date for each phase. With the information provided in this Appendix, interested parties will have sufficient information to replicate the methodology proposed for determining the overall transition schedule. The Phase Assignment Tool implements the objectives and constraints described in this Appendix using commercially-available optimization software. The Phase Scheduling Tool leverages an open source discrete event simulation software package using inputs described in detail in this Appendix. The data presented in this Appendix is the output of applying this methodology to representative final television channel assignment plans for 114 MHz and 84 MHz spectrum clearing scenario and also making certain assumptions regarding Canada and Mexico based on ongoing coordination with those countries. As used herein, ``representative'' means consistent with the plans generated by the Commission's Final Television Channel Assignment Plan determination procedure based on numerous auction simulations conducted by the staff. The clearing target for Stage 2 of the auction has now been set at 114 MHz. We therefore are using 84 MHz and 114 MHz as representative examples. We note that we do not anticipate publicly releasing these plans or the underlying simulations, consistent with our practice in this proceeding of releasing such information as appropriate in the interest of transparency and in consideration of the ongoing, internal deliberations regarding it, as well as broadcasters' confidentiality interests in reverse auction participation. Interested parties can create their own television channel assignment plans for any spectrum clearing scenario by applying the Assignment Plan determination procedure to auction simulations based on their own assumptions of likely outcomes. Section II: Dependencies and Means of Breaking Them. Before transitioning to their post-auction channels, stations ideally should be able to test equipment on their new channels. During the transition, however, there is a potential for undue interference between stations that are still operating on their pre-auction channels and stations testing or operating on their post-auction channels. The Commission's rules governing interference between stations before and after the post-auction transition will prevent undue interference between stations operating on their pre-auction channels and between stations operating on their post-auction channels, respectively. In developing a proposed transition plan, the staff has sought to avoid undue interference while providing as much flexibility as possible for stations to test equipment prior to commencing operations on their new channels. The staff's ``Precedence Daisy-Chain Graph'' explicitly captures any interference that may occur between stations operating on their pre- auction and post-auction channels. [[Page 73050]] The Graph is constructed as follows: Nodes are stations and a directed arc connects two nodes (say s and s') when station s cannot transition until station s' has transitioned to its post-auction channel because the current channel of station s' interferes with the future channel of station s. This relationship is called a dependency. Example 1: Dependency. [Illustration Omitted]. Suppose Station A and Station B have co- and adjacent-channel interference restrictions on all channels. Station A is reassigned from channel 25 to channel 18. Station B is reassigned from channel 45 to channel 26. Station A must vacate channel 25 before Station B can move to channel 26 so that neither station will experience undue interference. Therefore, the graph includes a directed arc from Station A to Station B since Station A must transition before Station B (Station B is dependent on Station A in order to transition). Example 2: Daisy-Chain. [Illustration Omitted]. Multiple dependencies can be connected, forming a daisy-chain. Example 2 illustrates a daisy chain of 4 stations. Station A must transition before Station B. Station B must transition before Station C. And Station C must transition before Station D. Thus, Stations A, B, and C all must transition before Station D can transition. Daisy-chains can involve numerous stations and multiple transition dependencies. Figure 1 below illustrates a single daisy- chain involving 29 stations in the Northeast in a simulated outcome where the Commission repurposes 84 MHz of broadcast spectrum through the incentive auction. [Figure 1 Omitted] Successful coordination to avoid undue interference among the stations illustrated in Figure 1 is likely to be extremely challenging, given the number of stations involved and their distance from one another. In order to reduce or eliminate the need for coordination, the chain could be broken by assigning stations to transition during different time periods or phases. At least 29 separate transition phases would be needed to break the chain completely so that every station in the chain could transition without the need for coordination. A large number of transition phases may undercut other potential transition goals, however, such as transitioning stations within the same region at the same time and avoiding the need for multiple channel rescans by viewers. In order to balance these goals, a certain number of stations within a daisy chain may be assigned to the same transition phase, thereby ``collapsing'' the daisy chain into a more manageable size. For example, the first five or ten stations in the 29-station daisy chain illustrated above could be assigned to the first transition phase. Each station in this collapsed daisy chain would have to coordinate with one or more of the other stations in the chain in order to test their equipment without undue interference. Moreover, as illustrated by Example 3 below, the staff's analysis indicates that certain dependencies, known as ``cycles,'' cannot be broken by assigning stations to different transition phases. Example 3: Cycle. [Illustration Omitted]. Example 3 shows a cycle consisting of three stations. Station A needs to transition from channel 20 to channel 17; while Station B needs to transition from channel 28 to channel 20; while Station C needs to transition from channel 17 to channel 28. Because all three stations cannot operate on either channel 17, channel 20, or channel 28 simultaneously, they must transition from their pre-auction to their post-auction channels simultaneously in order to commence operation on their post-auction channel. They must also coordinate in order to test equipment on their post-auction channels without causing increased interference to one another. In such circumstances, the dependencies between stations cannot be broken by assigning stations to different transition phases. On the other hand, assigning the stations to the same transition phase may facilitate their ability to coordinate with one another. Cycles of much greater complexity than Example 3 are likely to occur during the post-auction transition process. Figure 2 below shows another simulated outcome in which the auction repurposes 84 MHz of broadcast spectrum. The cycle consists of 196 stations and reaches from the Southeast region of the United States through the Northeast and into Canada. [Figure 2 Omitted]. The problem becomes more complicated when all dependencies are considered. Daisy-chains can intersect and overlap, creating a larger and more complicated daisy-chain. A cycle can also be part of a daisy-chain. Thus, hundreds of stations may be inter-dependent and one station may require tens (or even hundreds) of stations to transition first in order to be able to begin operating on its post- auction channel. Figure 3 below shows another simulated 84 MHz outcome with a set of 796 inter-dependent stations. [Figure 3 Omitted]. As indicated above, transition phases are a potentially useful tool to address dependencies between stations. Stations may be assigned to different phases in order to break daisy chains, or to the same phase in order to facilitate coordination by stations involved in a cycle, or to achieve other goals. We refer to inter- dependent stations assigned to the same phase as a ``linked-station set'' and the individual stations in the linked-station set as ``linked-stations.'' Another means of breaking dependencies is to allow temporary, limited increases in station-to-station (pairwise) interference that exceed the 0.5 percent allowed under the Commission's rules governing pre-auction and post-transition interference relationships. As discussed in the Public Notice, the Commission has previously allowed such temporary increases in pairwise interference above the 0.5 percent threshold in order to facilitate spectrum transitions. As shown below, the staff's analysis indicates that allowing temporary, limited increases in pairwise interference would significantly reduce the number of dependencies between stations and in turn reduce the size, number, and complexity of daisy chains and cycles. Additionally, the staff's analysis indicates that allowing temporary, limited increases in pairwise interference would not result in significant aggregate interference increases. Another means of breaking dependencies would be to assign stations in complicated daisy chains or cycles to operate on temporary channels prior to transitioning to their post-auction channels. Stations assigned to temporary channels would have to ``move'' twice, first to their temporary channels and then to their ultimate post-auction channels. Below we illustrate how temporary channel assignments could be used to break large cycles. Example 4: Temporary Channels. [Illustration Omitted]. In Example 4, nine stations are part of a complicated cycle and must coordinate their testing because no station can broadcast on its post-auction channel without causing undue interference with at least one other station in the set. However, if two of these stations are assigned to temporary channels (Station C and Station G), then the cycle is transformed into a collection of daisy chains in which stations at the same level of a daisy chain need not coordinate with one another in order to test equipment or operate on their post-auction channels. Since the longest chain in this example has five levels, stations could be assigned to five phases based on how far they are (in the dependence graph) from the stations placed on temporary channels. Section III--The Phase Assignment Tool. Under the proposed methodology, stations would be assigned to a limited number of transition phases. Every station in a phase must cease operating on its pre-auction channel at the end of the phase, i.e., the phase completion date. Stations would be assigned to phases using the Phase Assignment Tool. This Section discusses the Phase Assignment Tool as well as the proposed constraints (i.e., rules by which all assignments generated by the proposed tool must abide) and objectives (i.e., goals when creating the assignments). We begin by proposing specific constraints and objectives, followed by a discussion of the results of staff analysis illustrating the rationale underlying the proposal and the tradeoffs involved in choosing among different constraints and objectives. Proposed Constraints and Objectives. Based on the staff's analysis and the record developed to date, we propose the following constraints and objectives in assigning stations to phases. Constraints: (1) A station cannot cause more than two percent new interference to another station during the transition. As discussed above, we believe that it is important both to avoid undue interference during the transition and to provide stations with as much flexibility as possible to test equipment on their post-auction channels before transitioning. Although stations may be able to achieve these goals through coordination, coordination may not be feasible in situations involving large-scale and complex dependencies among stations. As discussed in more detail in the next section, the staff's analysis indicates that allowing temporary, limited increases in pairwise interference would reduce the number and complexity of dependencies without resulting in significant aggregate interference increases. Doing so is also likely to promote other potential goals, such as prioritizing the clearing of the 600 MHz Band [[Page 73051]] and reducing the number of channel rescans. Although allowing higher levels of temporary interference--up to five percent--would further reduce dependencies, our proposal to allow no more than two percent represents a compromise between avoiding what the Bureau believes would cause undue interference and limiting dependencies. This proposal assumes that all winning bidders affecting the first phase of the transition who have agreed to go off-air completely, or that become a channel sharee of another station with a post-auction channel assignment, will have gone dark before the stations in the first transition phase begin testing of their equipment (e.g., two months before the end of the first transition phase). This assumption is reasonable given the expected timeline for paying winning stations and the estimated time for the first phase to complete. (2) No stations in Canada will be assigned to transition before the third transition phase and no Canadian stations will be assigned to a temporary channel. Due to dependencies between domestic and Canadian stations, a joint transition plan with Canada is necessary and is being developed by FCC and ISED. In keeping with our informal discussions with ISED Canada to date, stations in Canada have generally been assigned to later transition phases for this proposal. This constraint will promote efficient use of cross-border resources and respect the minimum notification periods to Canadian TV stations established in ISED's 600 MHz decision. (3) There will be no more than 10 transition phases. While increasing the number of phases could decrease the number of linked- station sets in each phase, a large number of phases may undercut other transition goals, such as transitioning stations within the same region at the same time and avoiding the need for multiple channel rescans by viewers. We also believe that limiting the number of phases will facilitate monitoring of the transition process. We believe that limiting the number of transition phases to 10 strikes a reasonable balance between these goals. Canadian stations not impeding the transition of U.S. stations may be permitted to continue to operate beyond the 10th phase based on rules to be established in Canada. (4) No U.S. stations will be assigned to temporary channels. Although we do not propose to assign stations to temporary channels, the attached PN invites comment on whether we should use temporary channels. In the event that temporary channels are used to reduce dependencies we propose to potentially apply one or more of the following additional constraints: (a) Only assign temporary channels to stations in complex dependencies. (b) Only assign temporary channels to stations that are in close proximity to the stations' ultimate post-auction channel assignments. As stated above, temporary channel assignments would requires stations to move twice. Requiring that the temporary channel be ``close'' to the ultimate channel may reduce the burden and expense associated with double moves. If such an approach is considered, we seek comment on what the definition of ``close'' should be. (c) Only assign temporary channels to stations with relatively low power (e.g., Class A stations). This constraint could limit the cost of the purchase of broadband antennas that would be necessary for stations that must move twice. If such an approach is considered, we seek comment on what the definition of a ``relatively low power'' should be with regard to a Class A or full power station. (5) All stations within a DMA will be assigned to no more than two different transition phases. While some parties have suggested that the Bureau could divide the country into specific regions for the transition, it is not possible to create a wholly regionalized plan that will respect interference constraints because the interference constraints create dependencies that may overlap geographic areas. The proposed DMA constraint provides similar benefits to those that would come from a purely regional approach. For example, taking a station's DMA into account clusters stations in a particular geographic area into the same transition phase. Doing this will make resource allocation more efficient--for instance, tower crews would be able to focus on multiple stations in a specific area during a single phase. Additionally, the constraint will benefit consumers by limiting the number of rescans the consumer will have to complete because of the transition. While this constraint potentially increases the number and/or size of linked- station sets within a transition phase, on balance we believe that the benefits to consumers and stations outweighs the burden caused by this constraint. Limiting each DMA to a single transition phase results in approximately two-thirds of all stations having to transition in the same phase, removing the benefits of a phased transition approach. (6) The difference in the number of stations in the largest transition phase and the smallest transition phase will be no more than 30 stations. If it is not feasible to assign stations in such a way that the difference in the number of stations in the largest transition phase and the smallest transition phase is less than or equal to 30 stations, then an optimization will be performed minimizing the difference between the largest transition phase and smallest transition phase, and subsequent optimizations will be limited to no more than 1.1 times the number found in this optimization. This constraint will attempt to make the number of assigned stations in each of the phases somewhat equal, which in turn will help manage limited resources by ensuring that they can be spread more evenly across the transition phases. (7) Every transitioning station will be assigned to one transition phase. (8) No phase can have more than 125 linked-stations. The dependencies created by the interference constraints can affect a large number of stations across large geographic areas. This constraint will limit the effect of those dependencies and, to the extent that coordination is needed, facilitate a manageable transition process for broadcasters. Based on staff analysis, we believe the proposed 125-station limit strikes a balance between minimizing dependencies and other goals. If it is not possible to limit the number of linked-stations in a phase to 125, then we propose to apply an objective of minimizing the maximum number of linked-stations in any phase, and constrain all phases to no more than 1.2 times that maximum number. (9) No station falling into the ``complicated'' category for purposes of the Phase Scheduling Tool can be assigned to Phase 1. The goal of this constraint is to allow adequate time to transition the most challenging stations and to prevent an early phase completion date to be delayed due to the most time consuming transitions. Objectives: In order to identify a solution that best satisfies the Commission's transition goals, we propose to apply the following objectives to assignments or ``solutions'' identified by the Phase Assignment Tool that satisfy the constraints proposed above. The Phase Assignment Tool would prioritize the proposed objectives in the sequence listed below. Subsequent objectives would be constrained by prior objectives. (1) Assign U.S. stations whose pre-auction channels are in the 600 MHz Band to earlier phases in order to clear the 600 MHz Band as quickly as possible, while simultaneously assigning all Canadian stations and U.S. stations whose pre-auction channel is in the remaining television bands (U.S. TV-band stations) to later phases, where possible. This objective would promote a number of goals. It would help to clear the 600 MHz Band first in order to open it up to wireless licensees to offer new innovative services. It would also prevent Canadian and U.S. stations from competing for limited resources and provide Canada with the time needed for its transition. The Phase Assignment Tool therefore gives weights to assignments where there are stations transitioning from the 600 MHz Band after transition Phase 8. Similarly, the Phase Assignment Tool gives weights to assignments where Canadian stations as well as U.S. TV-band stations are assigned to any transition phase earlier than Phase 9. The weights for stations not transitioning out of the 600 MHz Band before Phase 9 is significantly higher than the weights for U.S. TV-band stations or Canadian stations transitioning early. We propose the following weights to assignments: U.S. stations in the 600 MHz Band assigned to phase 9 would add a weight of 20; US stations in the 600 MHz Band assigned to phase 10 would add a weight of 200; US TV-band stations and Canadian stations assigned before phase 9 would add a weight of 1. The Phase Assignment Tool minimizes the sum of all weights incurred by the phase assignments. (2) Minimize the sum, over all DMAs, of the number of times a DMA must rescan. This objective benefits consumers by minimizing the number of rescans necessary by viewers in a market and creates regionalized clusters that will make resource allocation more efficient. As in constraint #5 proposed above, the use of DMAs attempts to provide similar benefits to those that would flow from a purely regional approach. (3) Minimize the total number of linked-stations. This proposed objective is different than constraint #8 proposed above, in that it would minimize the total number of linked-stations throughout all phases of the transition. This objective seeks to provide as [[Page 73052]] many stations as possible with the ability to test their equipment on their post-auction channel while simultaneously broadcasting on their pre-auction channel without the need to coordinate. (4) Minimizing the difference between the number of stations in the largest transition phase and the smallest transition phase. Like constraint #6 proposed above, by minimizing this maximum difference, this objective attempts to reduce below 30 the maximum difference between the number of stations in different phases. We believe that evening out the number of stations assigned to each transition phase will help manage limited resources by ensuring that they can be spread more evenly across the transition phases. We seek comment on these proposed constraints and objectives. Although the Phase Assignment Tool can enforce any of these constraints and objectives, some conflict with others and cannot be imposed simultaneously and others will have no impact on the solution if placed after a preceding objective. The Phase Assignment Tool could also be used during the transition to modify phase assignments. We recognize that unforeseen events may occur during the transition that may warrant adjustments in order to ensure that the transition proceeds in a timely fashion. If we decide to use the Phase Assignment Tool during the transition to modify phase assignments, we propose to restrict reassignments to later transition phases in order to provide certainty to stations that any adjustments will not require them to transition earlier than their originally scheduled phase completion date. Preliminary Results of Staff Analysis- Baseline Results. This section presents results from running the Phase Assignment Tool using representative final channel assignment plans, for both a 114 MHz and an 84 MHz spectrum clearing scenario. In each scenario, all of the constraints proposed above are satisfied and the proposed objectives were applied. We assumed that Canadian stations will be jointly transitioning with U.S. stations. All Canadian stations are included in the studies. Those stations that will remain on their channel but be required to convert to digital are not reflected at this time. However, the final joint transition plan and schedule will include all analog and digital Canadian stations. We also assumed that Mexican stations will have already completed their transition to their new channels below channel 37 prior to the end of the first phase. Figures 4 and 5 below present histograms for the 114 MHz and 84 MHz cases, respectively, showing the total number of stations that transition in each phase and within each phase how many are (a) Canadian stations, (b) U.S. stations whose pre-auction channel is in the 600 MHz Band and (c) other U.S. stations. The figures show that the 600 MHz band is mostly clear of U.S.-based impairments by the end of Phase 8. Also, very few Canadian stations are assigned to early transition phases. Those Canadian stations that are assigned to early transition phases must transition earlier in order to allow U.S. stations or other Canadian stations to transition. Table 1 illustrates the number of stations that are part of linked-station sets in each of the two scenarios. [Figure 4, Figure 5, and Table 1 Omitted]. Preliminary Results with Modified Constraints. To illustrate the reasons underlying the constraints and objectives proposed above, this section presents comparable results under an 84 MHz clearing target scenario using alternative constraints. We chose to use the 84 MHz clearing target to illustrate these tradeoffs because the results are generally similar to those obtained using higher clearing targets. In this 84 MHz scenario the following constraints were applied instead of the proposed constraints above: (a) Instead of not allowing any temporary channel assignments, a small number of temporary channel assignments were allowed; (b) instead of allowing temporary pairwise interference increases of up to 2 percent, pairwise interference increases were limited to 0.5 percent and, conversely, allowed to go up to 5 percent; and (c) instead of requiring that all stations in a DMA be assigned to no more than two different transition phases, the restriction was tightened to assign all stations within a DMA to the same transition phase and, conversely, loosened to require that all stations in a DMA be assigned to no more than three different transition phases. The results of applying these alternative constraints are shown in the figures and tables below. We invite comment on whether any of these alternative constraints should be adopted. Temporary Channel Assignments. Figure 6 below shows the impact of allowing 50 temporary channel assignments on the phase size distribution. Table 2 shows how allowing a small number of temporary channel moves can reduce the size of linked-station sets. The results in this table indicate that allowing up to 50 temporary channel assignments is likely to significantly reduce the size of the largest linked-station set, reduce the number of U.S. stations remaining in the 600 MHz Band in Phase 9, and reduce the number of DMAs requiring more than one rescan. [Figure 6 and Table 2 Omitted] Pairwise Interference. Figures 7 and 8 and Table 3 below show the results if (a) only 0.5 pairwise interference increases are allowed on a temporary basis during the transition and (b) pairwise interference increases up to 5 percent are allowed. Figures 7 and 8 and Table 3 reflect that, as the amount of temporary pairwise interference allowed is increased, more U.S. TV-Band and Canadian stations transition in the final two phases, and fewer DMAs require more than one rescan. As compared to the 0.5 percent results, the higher interference levels substantially reduced the maximum number of linked-station sets. [Figure 7, Figure 8, and Table 3 Omitted] Staff analysis also indicates that, when pairwise temporary interference is allowed to increase, aggregate interference levels (calculated consistent with the methodology presented in the Aggregate Interference PN) do not exceed the pairwise limits except for a few cases. In those few cases, the aggregate interference for any one station is never more than double the pairwise limit. Table 4 shows the results of the staff's analysis. [Table 4 Omitted]. DMA Restrictions. Requiring that all stations within a DMA be assigned to the same transition phase resulted in approximately two thirds of all stations being assigned to the same phase. Figure 9 illustrates this result under an 84 MHz scenario. [Figure 9 Omitted]. On the other hand, as shown in Figure 10 and Table 5 below, when stations in the same DMA are allowed to transition in up to three different phases, the number of DMAs requiring more than one rescan actually decreases compared to the baseline run. This is because allowing a few DMAs to be subject to three rescans gives the optimization software more flexibility to improve the percentage of DMAs that only require one rescan. Loosening this constraint also results in more stations moving out of the 600 MHz Band sooner. [Figure 10 and Table 5 Omitted]. Section IV: The Phase Scheduling Tool. After stations are assigned to phases by applying the Phase Assignment Tool described above, we propose to use the Phase Scheduling Tool to help determine the phase completion date for each phase. The Phase Scheduling Tool estimates the total time necessary for stations within a phase to perform the tasks required to complete the transition process. In this section, we discuss the Phase Scheduling Tool and the proposed inputs which include the specific tasks required for stations to transition and the estimated time required to complete each task. The Phase Scheduling Tool models the various processes involved in a station transitioning to its post-auction channel. It divides these processes into two sequential stages: The ``Pre-Construction Stage'' and the ``Construction Stage.'' While separate processes within a stage may occur concurrently, such as equipment procurement and zoning applications, all processes within the Pre-Construction Stage must be complete before the station is ready to move to the Construction Stage. For example, in the model, the process of installing a new primary antenna cannot occur until after the new antenna is manufactured and delivered. A transition phase cannot end until all stations in the model assigned to that phase have completed both stages and are ready to operate on their post-auction channels. Some processes require specialized resources that may be in limited supply. The Phase Scheduling Tool models these limited resources by constraining the amount available at any given time. If a station needs a constrained resource to complete a process, and the resource is unavailable because other stations are using it, the station is placed in a queue until the required resource is available. As described in more detail below, the processes within each phase are not designed to be a comprehensive listing of every task; we have instead separated those processes which need resources that are most limited in supply and therefore likely will have the biggest impact on scheduling. In each Stage, the Phase Scheduling Tool uses two inputs: (1) The time it would take for a station to complete the tasks of that stage if all resources are available when needed; and (2) the estimated availability of [[Page 73053]] constrained resources. The Phase Scheduling Tool uses these inputs to calculate how long it will take each station within a transition phase to complete all work associated with both Stages. The output of the Tool is the estimated number of weeks from the start of the transition required for all stations assigned to a phase to complete all of the necessary transition tasks, test equipment on their post- auction channels, and be ready to operate on their post-auction channels. Since it is not possible to know the exact order stations will begin each process, the Phase Scheduling Tool uses discrete event simulation to model this uncertainty. The Phase Scheduling Tool does assume, however, that a station assigned to an earlier phase will begin its Pre-Construction Stage processes requiring a constrained resource (e.g., ordering an antenna) before a station assigned to a later phase. By assigning the station order within a transition phase randomly, called the ``simulation order,'' and simulating the transition processes, the Phase Scheduling Tool provides a single estimate of the time to complete each transition phase. By repeating this simulation multiple times with stations in the same phase entering the system in a new random simulation order, the Phase Scheduling Tool produces a range of completion times for each phase. The Bureau intends to use this range in determining appropriate phase deadlines given the composition of the individual stations in each phase. The Phase Scheduling Tool also enables the staff to analyze the sensitivity of transition phase time estimates based on changes in input data. During the transition, as new information becomes available, the Tool can be rerun to assess the potential impact of unforeseen developments on the overall schedule. The following subsections detail the specific processes or tasks that we propose to model for each stage, as well as the estimated time and resource availability for each process. The proposed estimates are based on data contained in the Widelity Report, submissions from stakeholders, and informational discussions with tower crew companies, other antenna and transmitter manufacturers, and broadcasters. We believe that the proposed estimates are conservative and that they reasonably capture each aspect of the transition. We invite comment on these proposed inputs. The final subsection shows sample outputs of the Phase Scheduling Tool for the two baseline Phase Assignment Tool runs set forth in the prior section. Modeling the Transition Stages. As stated earlier, the individual tasks required for a station to complete its transition have been grouped into two stages: The Pre-Construction Stage and the Construction Stage. In the Pre-Construction Stage, a station completes two tasks: Ordering and delivery of the main and auxiliary antennas; and administration and planning work, which includes zoning, administration, legal, possible structural tower improvements, equipment modifications, and other activities. In the Construction Stage, a station completes two additional tasks: Construction-related work and tower crew work. This process is shown in Figure 11 below. [Figure 11 Omitted]. The Phase Scheduling Tool groups together all tasks within a stage that can be done regardless of how many other stations are performing similar tasks. However, since there are two constrained resources that are dependent on the actions of others (antenna deliveries and tower crew availability), these tasks are separated out and the model considers how resource availability impacts the total completion time for any station in either stage. We note that there are many other resources that are not specifically identified but are essential to completion of the transition process. Based on the staff's analysis and the record developed to date, resources such as auxiliary antenna manufacturing, transmitter manufacturing, transmission line manufacturing and RF component installers will not affect the time required for a station to complete its transition. The availability and manufacturing capacity of these resources have been identified as being sufficient to fulfill the expected demand during the transition (i.e., these resources have been designated as being ``unconstrained'') and therefore are not broken out separately in the Phase Scheduling Tool. Instead, as illustrated in Figure 11, the tasks related to these unconstrained resources have been grouped into the general tasks of Administration/Planning, which is within the Pre-Construction Stage, and Construction-related Work, which is within the Construction Stage. The Phase Scheduling Tool uses conservative estimates for the time requirements in order to safely over-estimate the individual needs of each station. Pre-Construction Stage Inputs. There are two components to the Pre-Construction Stage: (1) The time required for antenna equipment to be ordered, manufactured and delivered (a significant constraint); and (2) the time required for all other planning and administration activities necessary to prepare for construction (called ``Administration/Planning''). The Administration/Planning component includes zoning, administration, legal work, and pre- construction alterations to tower and transmitter equipment. Since administration and planning activities take place in parallel and the activities of one station are unlikely to impact the ability of others to perform the same activities, the model simply estimates the total time needed to complete all of these activities. The proposed Phase Scheduling Tool categorizes stations based on the difficulty of completing these activities. The Commission used a similar ``bucketing'' approach for categorizing stations as was used when determining the Final Channel Assignment. Proposed time estimates were derived by taking estimates from Widelity and, where appropriate, adding ``slack'' time so that the overall estimate of the time required would be a conservative one. The proposed time estimates are shown in Table 6 below. [Table 6 Omitted]. The Administration/Planning time estimate sets the minimum amount of time required for a station to complete the Pre- Construction Stage. While Administration/Planning work is occurring, stations likely will place orders for their main antennas. The proposed time estimates for this component of the Pre-Construction Stage include manufacturing time once the antenna manufacturers receives orders from stations, as well as delivery time. If no station had to wait for its main antenna to be manufactured and delivered, then the maximum amount of time it would take any station to complete the Pre-Construction Stage would be the 72 weeks allotted for the complicated stations to complete their planning activities. However, the ability of manufactures to produce enough antennas may impact the overall schedule. Therefore, the Phase Scheduling Tool includes antenna manufacturing and delivery as a specific resource constraint. Each station within a Transition Phase must receive its antenna delivery in order for it to complete the Pre-Construction Stage. Stations are divided into two categories, based on the assumption that manufacture and delivery of directional antennas for full power stations will require more time than for non-directional and Class A antennas (of either type). The time estimates shown in Table 7 are based on the assumption that the antenna manufacturers will begin manufacturing antennas as soon as the orders are received unless they are manufacturing at their current capacity. [Table 7 Omitted]. We also propose to include in the Phase Scheduling Tool a specific number of antennas that can be manufactured and delivered at any given time. Based on those numbers, some stations may be able to receive their antenna without waiting for any additional time, but other stations may have to wait for their antennas to be delivered. The Phase Scheduling Tool will place such stations in a queue until the antenna can be delivered, based on the station's assigned number in a simulation order. In addition, the Phase Scheduling Tool will assume that manufacturers have an inventory of 20 antennas at the start of the 39-month transition period, and that capacity will increase over the course of the transition period. These proposed assumptions are listed in Table 8 below. [Table 8 Omitted]. The completion of the Pre-Construction Stage for a given station is the maximum completion time for these two activities--either the time required for Administration/Planning activities or the time required for the manufacture and delivery of the antennas. For stations in early phases, the Pre-Construction Stage is usually the time required for Administration/Planning. For a station assigned to a later phase, the station will likely have completed the Administration/Planning activities before the delivery of its antenna, and therefore, its Pre-construction Stage will be completed when the antenna is delivered. Construction Stage Inputs. The approach to modeling the Construction Stage is similar to that of the Pre-Construction Phase and consists of two activities: (1) The time to complete all general facets of construction (called ``Construction-Related Work''); and (2) the time required by tower crews to complete installation of equipment on the tower. As with Pre-Construction Stage activities, these activities can occur in parallel but the estimated completion time for the Stage is the time required to complete both these activities. In addition, like the [[Page 73054]] Administration/Planning category in the Pre-Construction Stage, the Construction-Related Work category is a catch-all category of work for the Construction Stage. The estimated time for this activity includes estimates of the time to complete all construction work and associated management and coordination activities. More specifically, Construction-Related Work includes estimates for the time associated with installing the transmitter components, combiners, RF mask filters and the transmission line to the tower base. Construction-Related Work also allows time for any possible installation of liquid cooling systems, AC power, and connection to remote control equipment and input signal connections if required. Finally, Construction-Related Work includes time required for performing any tower modifications and any final testing of the system. Table 9 proposes estimates of the time to complete all work included in the ``Construction-Related Work'' category. [Table 9 Omitted] The Construction-Related Work estimates the minimum amount of time required for a station to complete the Construction Stage. The other process in the Construction Stage work is tower work. The time required for tower work is both tower and antenna specific. Table 10 lists the different characteristics that determine the amount of time required to perform tower work. [Table 10 Omitted]. If a station did not need to wait for an antenna crew to become available in order to complete its tower work, then the amount of time the station would take to complete the Construction Stage would be the larger of the time estimated for construction-related work and the time estimated for the station to complete work on its tower. However, not every station will be able to have a tower crew as soon as needed. The Phase Scheduling Tool will place any station that is waiting for a tower crew to become available in a queue until a crew becomes available, based on the station's assigned number in a simulation order. Stations will be removed from the queue according to their simulation order. We propose to include in the Phase Scheduling Tool specific estimates regarding the number of available tower crews. The record developed to date reflects different estimates as to the number and types of tower crews that will be available. In light of the variance in these estimates, we propose to place tower crews into three buckets: One for U.S. crews capable of servicing towers that are particularly difficult to work on due to height or location; one for U.S. crews that are capable of servicing easier towers; and one for Canadian crews. U.S. stations on towers that are above 300 feet in height and that are top-mounted or located on a candelabra can only draw from the pool of U.S. crews that can handle such difficult sites. Other U.S. stations can only draw from the other pool of U.S. crews, on the assumption that these difficult site crews will be fully occupied. Canadian stations can only draw from the pool of Canadian crews. It is likely that crews will travel between countries, but separating the crews in this way provides a more conservative estimate of the number of crews available in each country. We expect that the number of crews will increase as the transition proceeds. The specific estimates we propose are set forth below in Table 11. We assume a conservative growth rate in U.S. tower crews of 5%, but no growth in Canadian crews (which is very conservative). [Table 11 Omitted]. Other assumptions incorporated into the proposed Phase Scheduling Tool are: (1) The estimated time required to complete work on a tower is reduced or discounted if more than one station on the tower is transitioning in the same phase. The Phase Scheduling Tool assumes that antenna installations will be performed by a single tower crew at the same time for all stations located on a given tower that are assigned to the same phase. The total estimated time for work on the tower will be the time required for the most difficult station plus 10 percent for the second station and five percent for each additional station up to an additional 30 percent. Based on informal discussions with industry and the record developed to date, we believe that these proposed discounts are appropriately conservative; (2) The Phase Scheduling Tool assumes that 75 percent of all stations (including those with a licensed auxiliary antenna) will need to install an auxiliary antenna. For each station requiring an auxiliary antenna, one additional week of tower crew time is added to the tower crew time, which is the maximum time required for an auxiliary in Table 10; and (3) Where the estimated time required to complete an entire transition phase is less than four weeks because much of the work (other than transmission testing on the new channel) has already occurred prior to the start date for the testing period of that transition phase, the testing period window is scaled up to allow four weeks for testing. Sample Output. This section provides sample results of the Phase Scheduling Tool using the baseline Phase Assignment Tool results and the proposed constraints and objectives, as presented in section III above, for simulated auction outcomes involving 114 MHz and 84 MHz clearing scenarios. Although Tables 12 and 13 below show the average number of weeks from the start of the phase to phase completion date, each phase completion date will be listed as a specific date when the final transition plan is released. This outputs of each clearing scenario are represented graphically below in Figures 12 and 13, respectively. As both Figures show, stations within each phase cannot start testing until the prior phase is complete, and all stations within a phase must cease operating on their pre- auction channels by the phase completion date. [Table 12, Figure 12, Table 13, and Figure 13 Omitted]. Appendix B--Initial Regulatory Flexibility Act Analysis The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The following small entities, as well as an estimate of the number of such small entities, are discussed in the IRFA: (1) Full power television stations; (2) Class A TV and LPTV stations; (3) wireless telecommunications carriers (except satellite); (4) wired telecommunications carriers; (5) cable television distribution services; (6) cable companies and systems; (7) cable system operators (Telecom Act standard); and (8) direct broadcast satellite (DBS) service. Need for, and Objectives of, the Proposed Rule Changes. The Federal Communications Commission (Commission) delegated authority to the Media Bureau (Bureau) to establish construction deadlines within the 39-month post-incentive auction transition period for television stations that are assigned to new channels in the incentive auction repacking process. Pursuant to the Commission's direction, the Bureau, in consultation with the Wireless Telecommunications Bureau, the Office of Engineering and Technology and the Incentive Auction Task Force, is developing a plan for a ``phased transition schedule.'' The purpose of the Public Notice is to invite comment on the plan. The Bureau proposes to use a Phase Assignment Tool that will use mathematical optimization techniques to assign stations to one of 10 ``transition phases.'' The phases will have sequential testing periods and deadlines or ``phase completion dates.'' The phase completion date is the last day that a station in its assigned phase may operate on its pre-auction channel. The specific constraints and objectives the Bureau proposed are set forth in Appendix A to the Public Notice. The Bureau proposes to use a Phase Scheduling Tool to estimate the time required for stations in each phase to complete the tasks required to transition to their pre-auction channels in light of resource availability. The Bureau will use the Phase Scheduling Tool to guide it in establishing phase completion dates for each phase. This is the date by which stations within that phase must cease operations on their pre-auction channels. Appendix A details the specific tasks or processes that the Bureau proposes to model in the Phase Scheduling Tool for each stage of the transition process, as well as the estimated time and resource availability for each task. Under the proposed plan, the transition phases will begin at the same time, but will have sequential phase completion dates. Each phase will have a defined ``testing period,'' ending with the phase completion date. For each phase after the first one, the testing period will begin on the day after the phase completion date for the prior phase. The need for a station to coordinate with other stations during the testing period will depend on whether it is part of a ``linked-station set,'' that is, a set of two or more stations assigned to the same phase with interference relationships or ``dependencies.'' Stations that are not part of a linked-station set may test on their post-auction channels during the testing period without the need for coordination. Stations that are part of a linked-station set must coordinate testing with stations in the set so as not avoid undue interference. Such stations must transition to their post-auction channels simultaneously. As part of the proposed plan, the Bureau is seeking comment on whether to allow [[Page 73055]] increased temporary interference between stations that are still operating on their pre-auction channels and stations testing or operating on their post-auction channels in order to facilitate the transition. The staff's analysis indicates that allowing temporary pairwise (station-to-station) interference above the 0.5 percent authorized by the rules governing increased permanent interference is likely to significantly reduce inter-dependencies between stations and facilitate coordination. The Bureau proposes to allow temporary pairwise interference increases of up to two percent, which it believes will produce substantial benefits without undue disruption to television service during the transition. The Bureau is also considering whether to assign some stations to temporary channels during the transition as another means of reducing the size or number of linked-station sets and facilitate the transition. The Bureau proposes to limit such assignments, however, to stations in complex ``cycles'' of inter-dependency. The Bureau also proposes to limit such assignments to channels that are close to stations' ultimate channel assignments, and to relatively low power stations, in order to limit the associated burdens and costs. Temporary channel assignments would replicate pre-auction coverage area and population served. Because the Bureau anticipates that stations would need to commence operations on temporary facilities early in the transition, it proposes to require that stations assigned to temporary channels apply for special temporary authority (STA) within ninety days of the Closing and Reassignment PN's release. If the Bureau decides to use temporary channel assignments, it tentatively concludes that stations will have must-carry rights on their temporary channels. It also proposes that any temporary channel assignments in the 600 MHz Band would be subject to the inter-service interference (ISIX) protections adopted in the ISIX Third Report and Order. In addition, a full power or Class A station operating on a temporary channel could displace a low power television (LPTV) station. An operating LPTV station displaced by a temporary channel assignment could file for a new channel during the post-auction LPTV displacement window. Alternatively, the displaced LPTV station could go silent or seek temporary authorization to operate its facility at variance from its authorized parameters in order to prevent interference. Because the Commission anticipated the possibility of using temporary channels to facilitate the transition and stated that the reasonably incurred costs of equipment needed to move to temporary channels are eligible for reimbursement, the Bureau notes that such costs would be eligible for reimbursement in the same manner as costs related to construction of permanent post-auction channel facilities. Multichannel Video Programming Distributors (MVPDs) likewise should be eligible for reimbursement of all eligible costs in order to continue to carry a reassigned station operating on a temporary channel. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. If the Bureau decides to use temporary channels, it proposes to require that stations assigned to temporary channels apply for special temporary authority (STA) within ninety days of the Closing and Reassignment PN's release. It also proposes that any temporary channel assignments in the 600 MHz Band would be subject to the inter-service interference (ISIX) protections adopted in the ISIX Third Report and Order, which requires, among other things, that wireless carriers prepare and retain a study demonstrating that no interference will be caused to full-power or Class A broadcast television stations. We believe the proposals will not have a significant effect on the reporting, recordkeeping, or other compliance requirements of regulatees. To the extent that commenters believe that any of the proposals would impose any additional reporting, recordkeeping, or compliance requirement on small entities, we ask that they describe the nature of that burden. Steps Taken to Minimize Significant Impact on Small Entities and Significant Alternatives Considered. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standard; and (4) an exemption from coverage of the rule, or any part thereof, for small entities. In general, alternatives to proposed rules or policies are discussed only when those rules pose a significant adverse economic impact on small entities. In this context, however, the proposed transition plan set forth in the Public Notice generally confers benefits. In particular, the intent of the plan is to ensure that all stations are able to complete a timely transition to their final post-auction channel facilities without delay and without incurring unnecessary costs. Although certain proposals, such as the use of temporary channels and increased interference, may impose additional burdens on stations and MVPDs, the benefits of such proposals (such as further facilitating the successful post-incentive auction transition) outweigh any burdens associated with compliance. Further, eligible stations and MVPDs that incur additional costs associated with these proposals may seek reimbursement. In addition, if a full power or Class A station operating on a temporary channel displaces an operating LPTV station, such LPTV station could file for a new channel during the post-auction LPTV displacement window. Alternatively, the displaced LPTV station could go silent or seek temporary authorization to operate its facility at variance from its authorized parameters in order to prevent interference. Federal Communications Commission. Barbara A. Kreisman, Chief, Video Division, Media Bureau. [FR Doc. 2016-25333 Filed 10-21-16; 8:45 am] BILLING CODE 6712-01-P
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516–794–5531. Before using any approved Technology, for developing a post- SUPPLEMENTARY INFORMATION: This is a
AMOC, notify your appropriate principal incentive auction transition scheduling summary of the Commission’s
inspector, or lacking a principal inspector, plan. In preparing their submissions document, DA 16–1095, in GN Docket
the manager of the local flight standards
commenters should be mindful of the No. 12–268 and MB Docket No. 16–306;
district office/certificate holding district
office. Commission’s prohibited released on September 30, 2016. The
(2) Contacting the Manufacturer: As of the communications rule, which prohibits full text of this document, as well as all
effective date of this AD, for any requirement broadcasters and forward auction omitted Illustrations, Figures and Tables
in this AD to obtain corrective actions from applicants from communicating any are available on the Internet at the
a manufacturer, the action must be incentive auction applicant’s bids or Commission’s Web site at: http://
accomplished using a method approved by bidding strategies to other parties transition.fcc.gov/Daily_Releases/Daily_
the Manager, New York ACO, ANE–170, covered by the relevant rules. Business/2016/db1003/DA–16–
FAA; or Transport Canada Civil Aviation 1095A1.pdf; https://www.fcc.gov/
(TCCA); or Bombardier, Inc.’s TCCA Design DATES: Comments due on or before
October 31, 2016 and reply comments wireless/auction-1001 and selecting the
Approval Organization (DAO). If approved by
the DAO, the approval must include the due on or before November 15, 2016. ‘‘Documents’’ tab; or by using the search
DAO-authorized signature. FOR FURTHER INFORMATION CONTACT:
function for GN Docket No. 12–268, MB
Evan Morris, Video Division, Media Docket No. 16–306 on the Commission’s
(j) Related Information Electronic Comment Filing System
(1) Refer to Mandatory Continuing
Bureau, Federal Communications
Commission, (202) 418–1656 or Erin (ECFS) Web page at http://www.fcc.gov/
Airworthiness Information (MCAI) Canadian cgb/ecfs/. The full text is also available
Airworthiness Directive CF–2014–10R1, Griffith, Incentive Auction Task Force,
for public inspection and copying from
dated May 4, 2016, for related information. Federal Communications Commission,
8:00 a.m. to 4:30 p.m. Eastern Time (ET)
This MCAI may be found in the AD docket (202) 418–2957.
on the Internet at http://www.regulations.gov Monday through Thursday or from 8:00
ADDRESSES: You may submit comments, a.m. to 11:30 a.m. ET on Fridays in the
by searching for and locating Docket No. identified by GN Docket No. 12–268 and
FAA–2016–9190. FCC Reference Information Center, 445
(2) For service information identified in
MB Docket No. 16–306, by any of the 12th Street SW., Room CY–A257,
this AD, contact Bombardier, Inc., 400 Côte- following methods: Washington, DC 20554 (telephone: 202–
Vertu Road West, Dorval, Québec H4S 1Y9, • Federal eRulemaking Portal: http:// 418–0270, TTY: 202–418–2555).
Canada; Widebody Customer Response www.regulations.gov. Follow the
Center North America toll-free telephone 1– instructions for submitting comments. Synopsis
866–538–1247 or direct-dial telephone 1– • Federal Communications In the Incentive Auction Report and
514–855–2999; fax 514–855–7401; email Commission’s Web site: https:// Order (IA R&O), 79 FR 48441, August
ac.yul@aero.bombardier.com; Internet http:// www.fcc.gov/. Electronic Filers:
www.bombardier.com. You may view this
15, 2014, the Federal Communications
Comments may be filed electronically Commission (Commission or FCC)
service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW.,
using the Internet by accessing the delegated authority to the Media Bureau
Renton, WA. For information on the ECFS: https://www.fcc.gov/ecfs/. (the Bureau) to establish construction
availability of this material at the FAA, call • Paper Filers: Filings can be sent by deadlines within the 39-month post-
425–227–1221. hand or messenger delivery, by auction transition period for television
Issued in Renton, Washington, on October
commercial overnight courier, or by stations that are assigned to new
12, 2016. first-class or overnight U.S. Postal channels in the incentive auction
Michael Kaszycki,
Service mail. All filings must be repacking process. In delegating
addressed to the Commission’s authority to the Bureau to establish
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Secretary, Office of the Secretary, construction deadlines within the
Federal Communications Commission. transition period, the FCC directed the
[FR Doc. 2016–25351 Filed 10–21–16; 8:45 am]
All hand-delivered or messenger- Bureau to tailor the deadlines to
BILLING CODE 4910–13–P
delivered paper filings for the stations’ individual circumstances. The
Commission’s Secretary must be Commission also determined that a
delivered to FCC Headquarters at 445 phased construction schedule would
FEDERAL COMMUNICATIONS 12th St. SW., Room TW–A325, facilitate efficient use of the resources
COMMISSION Washington, DC 20554. The filing hours necessary to complete the transition. In
are 8:00 a.m. to 7:00 p.m. All hand the IA R&O the FCC also directed the
47 CFR Parts 1, 27, 73, and 76
deliveries must be held together with Bureau to account for ‘‘the needs of
[GN Docket No. 12–268, MB Docket No. 16– rubber bands or fasteners. Any forward auction winners and their
306; DA 16–1095] envelopes and boxes must be disposed construction plans.’’
of before entering the building. Based on the record to date and on
Incentive Auction Task Force and Commercial overnight mail (other than staff analysis and computer modeling,
Media Bureau Seek Comment on Post- U.S. Postal Service Express Mail and the Bureau is developing a plan to
Incentive Auction Transition Priority Mail) must be sent to 9300 East create a phased transition schedule for
Scheduling Plan Hampton Drive, Capitol Heights, MD broadcasters that are reassigned to a
AGENCY: Federal Communications 20743. U.S. Postal Service first-class, new channel in the repacking. Under
Commission. Express, and Priority mail must be this phased approach, stations will be
addressed to 445 12th Street SW., assigned to one of 10 ‘‘transition
sradovich on DSK3GMQ082PROD with PROPOSALS
ACTION: Proposed rule, request for
comment. Washington DC 20554. phases’’ with sequential testing periods
• People with Disabilities: Contact the and deadlines, or ‘‘phase completion
SUMMARY: This document seeks FCC to request reasonable dates.’’ The phase completion date will
comment on the proposal set forth by accommodations (accessible format be the date listed in each station’s
the Media Bureau, in consultation with documents, sign language interpreters, construction permit as its construction
the Incentive Auction Task Force, the CART, etc.) by email: fcc504@fcc.gov or deadline and will be the last day that a
Wireless Telecommunications Bureau, phone: 202–418–0530 or TTY: 202–418– station may operate on its pre-auction
and the Office of Engineering and 0432. channel. A station ‘‘must cease
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![Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Proposed Rules 73045
operating on [its] pre-auction channel prepare for the transition, we intend to the day after the phase completion date
once [that] station begins operating on send each eligible station that will for the prior phase. The proposed plan
its post-auction channel or by the remain on the air after the auction a is premised on the likelihood that
deadline specified in its construction confidential letter identifying the winning go off-air bidders have ceased
permit for its post-auction channel, station’s post-auction channel operations on their pre-auction channels
whichever occurs earlier.’’ 47 CFR assignment, technical parameters, and prior to the first transition phase testing
73.3700(b)(4)(iii). We interpret ‘‘begin assigned transition phase. If a station is period, either because they have
operating’’ to mean when the station not reassigned to a new post-auction relinquished their license and gone off
begins providing a broadcast television channel, its confidential letter will list air, or because they have implemented
service to the public on its post-auction the station’s pre-auction channel and a channel sharing arrangement and are
channel, not simply testing equipment technical parameters. now operating on the shared channel.
on that channel. We believe a phased Once the forward auction concludes, Whether a station needs to coordinate
approach will smooth the way for we will release the Auction Closing and with other stations during the testing
station coordination, promote efficient Channel Reassignment PN (Closing and period will depend on whether it is part
allocation of limited resources, limit the Reassignment PN), which will of a ‘‘linked-station set,’’ that is, a set of
impact of the transition on consumers, announce that the reverse and forward two or more stations assigned to the
and facilitate FCC monitoring to auctions have ended and specify the same phase with interference
determine whether schedule effective date of the post-auction relationships or ‘‘dependencies.’’
adjustments are necessary during the repacking. The information provided in Section II of Appendix A describes
course of the transition process. The the confidential letter will be subject to dependencies in detail. Stations that are
proposed approach is also designed to change in the Closing and Reassignment not part of a linked-station set may
provide information to stations, PN, we do not anticipate significant operate on their pre-auction channels
vendors, and other industry participants changes. Among other things, the and test on their post-auction channels
in a way that will allow them to plan Closing and Reassignment PN will during the testing period without the
for and respect the obligations and announce the post-auction channel need for coordination. Conversely,
resource requirements of stations that assignment and technical parameters of stations that are part of a linked-station
are assigned to earlier phases. This every station eligible for protection in set must coordinate testing with other
approach will take into account our the repacking process that will remain stations in the set so as to avoid undue
international obligations and the on the air after the incentive auction. interference and must transition to their
agreement to undertake in a joint The Closing and Reassignment PN will post-auction channels simultaneously.
repacking with Canada. also announce the transition phase, In order to facilitate coordination,
We seek comment on the proposed phase completion date, and testing linked-station sets will be identified in
approach and the methodology period for each reassigned station. the Closing and Reassignment PN. The
described in Appendix A of the Public Stations reassigned to new channels graph below illustrates a hypothetical
Notice for establishing a transition will have three months from the Closing phased transition schedule under the
schedule, as well as the alternative and Reassignment PN release date to Bureau’s proposed approach. The
constraints we present therein. Based on file construction permit applications relatively longer test period for stations
the development of the record and staff proposing modified facilities to operate in phase 2 is a result of the fact that this
analysis, the Bureau will adopt a post- on their post-auction channel facility is the first phase in which
auction transition scheduling plan that specified in the Closing and ‘‘complicated’’ stations can be assigned.
will be used to create a phased Reassignment PN. See 47 CFR Thus, it is likely that there will always
transition and assign stations individual 73.3700(b)(1)(i)–(iii), (vi), (iv)(A). The be a longer test period for stations.
construction permit deadlines. Bureau will then issue each station a [Illustration Omitted]
Post-Auction Transition Scheduling construction permit. The construction Phase Assignment and Scheduling
Process. The initial steps of the post- permit deadline will be the phase Tools. The Bureau proposes to use two
auction transition scheduling process completion date for that station. computer-based tools to establish a
will occur before the incentive auction Stations will be required to abide by the phased transition schedule. Consistent
closes. Once the final stage rule has deadlines and requirements of the with the Commission’s direction, we
been satisfied, no additional stages of transition scheduling plan. A station believe that these two tools will allow
the auction will be required. Therefore, that does not comply with the the Bureau to establish a transition
as soon as the final stage rule is requirements of the plan may be subject schedule that takes into account the
satisfied, the final television channel to sanction or other action, as permitted complexity of stations’ individual
assignment plan will be determined. under the Commission’s rules. See, e.g., circumstances, allocates resources
The Bureau will use the final channel 47 CFR 1.80; 47 CFR 73.3598(e). fairly, and balances forward auction
assignments to establish a phased As illustrated below, the transition winners’ needs with those of
transition schedule for relocated phases will all begin at the same time transitioning broadcasters. The first tool
stations and stations that voluntarily but will have sequential phase is the Phase Assignment Tool, which
moved to a different band as part of the completion dates. Each phase will have will assign television stations to
auction. We propose that the schedule a defined ‘‘testing period’’ that ends on transition phases. The Phase
be established using the methodology the phase completion date. While Assignment Tool is intended to group
described in this Public Notice and stations may engage in planning and stations together in a way that will
sradovich on DSK3GMQ082PROD with PROPOSALS
Appendix A. We anticipate that the construction activities at any time prior support an orderly, managed transition
Bureau will be able to determine the to their phase completion date, process based on a set of enumerated
final channel assignment plan and the equipment testing on post-auction constraints and objectives. The second
phase assignments prior to the channels will be confined to the tool is the Phase Scheduling Tool,
conclusion of the forward auction. specified testing periods in order to which will estimate the time required
Therefore, because we recognize the minimize interference and facilitate for stations in each phase to complete
importance of providing broadcasters coordination. Other than for the first the tasks required to transition in light
with as much time as possible to phase, the testing period will begin on of resource availability. The Bureau will
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![73046 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Proposed Rules
use the Phase Scheduling Tool to guide Other Issues. Before transitioning to transition to allow temporary pairwise
it in establishing phase completion their post-auction channels, stations interference increases of up to two
dates for each phase. [Illustration ideally should be able to test equipment percent, which we believe will produce
Omitted]. on their new channels. During the substantial benefits without undue
We propose to use mathematical transition, however, many stations disruption to television service during
optimization techniques in the Phase would likely cause undue interference this limited period. Pairwise
Assignment Tool to assign stations to to one another if they test or operate on interference increases beyond the 0.5
transition phases based on a defined set their post-auction channels without first percent permitted by the Commission’s
of constraints and objectives. We coordinating with large numbers of rules will not be permitted past
propose specific constraints and other stations to avoid causing such conclusion of the post-auction transition
objectives, including the priority of the interference. Appendix A sets forth in period. Temporary pairwise interference
objectives, in Appendix A. We believe detail the results of the staff’s analysis increases of up to 2 percent could occur
that the constraints and objectives and modeling of transition-related at any time during the transition on
proposed will result in a solution that interference relationships between either a station’s pre-auction and post-
minimizes dependencies created by stations. auction channels. It could affect both
interference issues, ensures that the 600 The Commission has in the past reassigned stations and those that will
MHz Band is cleared as expeditiously as allowed temporary increases in remain on their pre-auction channels.
possible, clusters groups of stations into interference to broadcasters in order to Another means of reducing the size or
the same phase to help manage scarce facilitate transitions to new services. For number of linked-station sets, and
transition resources, and minimizes the example, the Commission permitted facilitating a station’s ability to operate
impact of the transition on consumers. new wireless licensees in the 700 MHz on its pre-auction channel while testing
After stations are assigned to phases, Band to cause temporary increases of up on its post-auction channel, would be to
the Bureau proposes to use the Phase to 1.5 percent interference to assign some stations to temporary
Scheduling Tool to help determine the broadcasters. Qualcomm Order 21 FCC channels during the transition. A station
phase completion date for each phase. Rcd 11683 (2006). In doing so, the assigned to a temporary channel would
By modeling the tasks required to Commission balanced ‘‘the public have to transition twice: Once to its
complete the transition, and accounting interest benefits of an accelerated temporary channel and then to its post-
for limited resources, this Tool deployment in the 700 MHz Band auction channel during a later transition
against the importance of sustaining a phase. We do not propose to assign
estimates the total time necessary for
minimally disruptive transition to DTV temporary channels as part of the
stations within a phase to complete the
for consumers’’ and emphasized that it phased transition scheduling plan. We
transition process.
has a ‘‘forward-looking preference tentatively conclude that the benefits of
The Phase Scheduling Tool accounts
toward those services that are the end- using temporary channels are not great
for limited resources by constraining the points’’ of the transition. Qualcomm enough to warrant their use in light of
amount of such resources available to Order 21 FCC Rcd at 11697, para. 31. In the potential burdens. For example,
stations within a phase at any given addition, the Commission permitted using temporary channels would require
time. If a required resource is three-way band clearing agreements that stations to move twice, which may
unavailable, the stations will obtain could result in up to two percent confuse viewers. Stations would also
access to the required resource temporary interference to the need to acquire additional equipment,
according to their ‘‘simulation order,’’ population served of stations that were which would place additional demands
and the Tool will estimate the time not parties to the agreement. See Upper on resources and increase overall
required for all stations to complete the 700 MHz Band 3rd R&O, 66 FR 10204, transition costs. Nevertheless, we invite
transition phase based on that order. February 14, 2001; Upper 700 MHz comment on using temporary channel
The Bureau proposes to run the Phase Band Recon Order, 66 FR 51594, assignments and on issues that would
Scheduling Tool with different October 10, 2001. The Commission be raised if we were to do so. Whether
simulation orders to produce a range of rejected broadcasters’ arguments that we ultimately decide to use temporary
estimated times for each transition the two percent standard was channels as part of the phased transition
phase. By generating results for multiple inappropriate because the interference scheduling plan depends on how the
simulation orders, the Tool produces a permitted would be for the benefit of record develops and whether we adopt
range of estimated completion times for new wireless licensees and not other, effective means of reducing the
each phase. The Bureau will use the broadcasters’ efforts to transition to number and size of linked-station sets.
resulting range of estimated times to DTV, explaining that clearing the 700 Should we decide to use temporary
guide its determination of a phase MHz band was an integral part of the channel assignments, we tentatively
completion date for each transition DTV transition. conclude that temporary channels may
phase. The staff’s analysis indicates that be assigned to full power or Class A
Appendix A details the specific tasks allowing temporary pairwise stations and may be located anywhere
or processes that we propose to model interference increases above the 0.5 in the post-auction VHF or UHF
in the Phase Scheduling Tool for each percent authorized by the rules television bands, as well as in the new
stage of the transition process, as well governing permanent interference, 47 600 MHz wireless band. Temporary
as the estimated time and resource CFR 73.616(e), is likely to significantly channel assignments would replicate
availability for each task. The proposed reduce inter-dependencies between pre-auction coverage area and
sradovich on DSK3GMQ082PROD with PROPOSALS
estimates are based on information from stations, thereby reducing the amount of population served and would be listed
the Widelity Report, submissions from coordination needed to allow testing of in the Closing and Reassignment PN
stakeholders, and informational a station’s post-auction facility. During along with ultimate post-auction
discussions with tower crew companies, the post-auction transition the channel assignments. A station would
antenna and transmitter manufacturers, percentage of increased pairwise only be assigned a temporary channel
and broadcasters. We believe that the interference is relative to a station’s pre- within its post-auction band. We
proposed estimates are conservative and auction baseline interference-free propose to limit such assignments to
reasonable. population. We propose during the stations in complex ‘‘cycles’’ of inter-
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dependency, which are discussed in matter, channels assigned on a the Commission, not proposed by Class
detail in Appendix A. We also propose temporary basis would enable stations A licensees. See IA R&O 79 FR at 48463;
to limit such assignments to channels to serve the same coverage area and 47 U.S.C. 336(f)(7)(B). We propose that
that are close to a stations’ ultimate population as they did on their pre- an operating LPTV station displaced by
channel assignments, and to relatively auction channels, meaning that the a temporary channel assignment could
low power stations (e.g., Class A stations will continue to serve the same file for a new channel during the post-
stations or other stations similar in communities of license set forth in the auction LPTV displacement window.
power), in order to limit the associated Table as they did before the auction. Alternatively, displaced LPTV stations
burdens and costs. Because we We do not believe that MVPDs would could go silent or seek temporary
anticipate that stations would need to be unduly burdened by extending must- authorization to operate its facility at
commence operations on temporary carry rights to stations on temporary variance from its authorized parameters
facilities early in the transition, we channels. MVPDs are eligible for in order to prevent interference.
propose to require that stations assigned reimbursement when they ‘‘reasonably Depending on the station’s proximity to
to temporary channels apply for special incur costs in order to continue to carry Mexico or Canada, coordination
temporary authority (STA) within 90- broadcast stations that are reassigned as approval may be required from that
days of the release of the Closing and a result of the auction.’’ IA R&O 79 FR particular country.
Reassignment PN. A licensee that is at 48497. Such costs include the The Commission anticipated the
assigned a temporary channel must reasonable costs to set up delivery of a possibility of using temporary channels
comply with all filing and notification signal that the MVPD is required to to facilitate the transition and stated that
requirements, construction schedules, carry under the Commission’s must- the reasonably incurred costs of
and all other post-auction deadlines that carry rules or under retransmission equipment needed to move to temporary
would apply to construction of the consent contracts. Under this standard, channels are eligible for reimbursement.
station’s ultimate post-auction facility. MVPDs likewise would be eligible for IA R&O 79 FR at 48501. Thus, such
We do not believe that requiring reimbursement of all eligible costs in costs would be eligible for
broadcasters to license their temporary order to continue to carry a reassigned reimbursement in the same manner as
channel facilities is appropriate in light station operating on a temporary costs related to construction of
of the temporary nature of the channel. Finally, we believe that permanent post-auction channel
operations. extending must-carry rights to a facilities. As discussed above, MVPDs
station’s temporary facility will further likewise should be eligible for
If we decide to use temporary channel the important interests Congress sought reimbursement of all eligible costs in
assignments, we tentatively conclude to advance through the must-carry order to continue to carry a reassigned
that stations will have must-carry rights provisions, specifically ‘‘preserving the station operating on a temporary
on their temporary channels. We believe benefits of free, over-the-air local channel.
the statute may reasonably be broadcast television and promoting the As explained above, the Closing and
interpreted to extend such rights. widespread dissemination of Reassignment PN will announce the
Section 614 of the Communications Act information from a multiplicity of transition phase, phase completion date,
of 1934, as amended, defines an eligible sources.’’ Carriage of Digital Television and testing period for each reassigned
full-power television station entitled to Broadcast Signals: Amendments to Part station. We recognize that individual
must-carry as one that is ‘‘licensed and 76 of the Commission’s Rules, 70 FR stations may wish to raise concerns
operating on a channel regularly 14412, 14418, para. 35, March 22, 2005. regarding their particular phase
assigned to its community by the If we decide to use temporary channel assignments, phase completion dates,
Commission that, with respect to a assignments, we propose that any and/or testing periods once the Closing
particular cable system, is within the temporary channel assignments in the and Reassignment PN is released. In
same television market as the cable 600 MHz Band would be subject to the considering any such concerns, we must
system.’’ Consistent with the broad inter-service interference (ISIX) be mindful of the potential impact of
definition of ‘‘license’’ in section 153 of protections adopted in the ISIX Third requests for changes or adjustments on
the Act, we believe the term ‘‘licensed’’ Report and Order, 80 FR 71731, 71736– other stations and on the overall phased
in this context may be interpreted to 37, November 17, 2015, as well as the transition schedule. While we
include an STA. We also believe that other interference protections provided tentatively conclude that we will rely on
the term ‘‘channel regularly assigned to for in our rules and any temporary existing rules and procedures to address
[the station’s] community by the pairwise interference adopted for the any such concerns, we also seek
Commission’’ in this context may be post-auction transition. Although STA comment on whether to establish an
interpreted to encompass a temporary operations are not protected against alternative process. If we take the former
channel assignment. While this interference under our normal rules, we approach and allow stations to
language could be read to refer to a believe that the public interest would be challenge the PN as it impacts them,
channel allotted to a particular served by extending the same should we waive any rules or
community in the DTV Table of protections to temporary channels that procedures in order to facilitate the
Allotments (DTV Table), the FCC has would apply to any licensed facility transition?
explained that it ‘‘will not use a codified during the post-auction transition. In We recognize that some stations may
Table of Allotments or rulemaking addition, a full power or Class A station seek to construct an expanded facility or
procedures to implement post-auction operating on a temporary channel could alternate channel that differs from the
sradovich on DSK3GMQ082PROD with PROPOSALS
channel changes.’’ IA R&O 79 FR at displace a low power television (LPTV) technical parameters assigned in the
48491. During the post-auction station. Consistent with the Closing and Reassignment PN. Further,
transition period, therefore, temporary Commission’s previous interpretation, during the transition period some
or permanent channels will be section 336(f)(7)(B) of the Act would not stations may request extensions of their
‘‘regularly assigned’’ to communities on apply to temporary channel assignments construction deadlines and may seek
a case-by-case basis in response to for Class A stations for purposes of the authority to continue operating on their
applications rather than by amending post-auction transition because these pre-auction channel after their phase
the DTV Table. Further, as a practical temporary channels will be assigned by completion date. While a station may
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The Graph is constructed as follows: Nodes stations. Station A needs to transition from Another means of breaking dependencies
are stations and a directed arc connects two channel 20 to channel 17; while Station B would be to assign stations in complicated
nodes (say s and s’) when station s cannot needs to transition from channel 28 to daisy chains or cycles to operate on
transition until station s’ has transitioned to channel 20; while Station C needs to temporary channels prior to transitioning to
its post-auction channel because the current transition from channel 17 to channel 28. their post-auction channels. Stations
channel of station s’ interferes with the future Because all three stations cannot operate on assigned to temporary channels would have
channel of station s. This relationship is either channel 17, channel 20, or channel 28 to ‘‘move’’ twice, first to their temporary
called a dependency. simultaneously, they must transition from channels and then to their ultimate post-
their pre-auction to their post-auction auction channels. Below we illustrate how
Example 1: Dependency. [Illustration
channels simultaneously in order to temporary channel assignments could be
Omitted]. Suppose Station A and Station B
commence operation on their post-auction used to break large cycles.
have co- and adjacent-channel interference
channel. They must also coordinate in order Example 4: Temporary Channels.
restrictions on all channels. Station A is
to test equipment on their post-auction [Illustration Omitted]. In Example 4, nine
reassigned from channel 25 to channel 18.
channels without causing increased stations are part of a complicated cycle and
Station B is reassigned from channel 45 to
interference to one another. In such must coordinate their testing because no
channel 26. Station A must vacate channel 25
circumstances, the dependencies between station can broadcast on its post-auction
before Station B can move to channel 26 so
stations cannot be broken by assigning channel without causing undue interference
that neither station will experience undue
stations to different transition phases. On the with at least one other station in the set.
interference. Therefore, the graph includes a
other hand, assigning the stations to the same However, if two of these stations are assigned
directed arc from Station A to Station B since
transition phase may facilitate their ability to to temporary channels (Station C and Station
Station A must transition before Station B
coordinate with one another. G), then the cycle is transformed into a
(Station B is dependent on Station A in order
Cycles of much greater complexity than collection of daisy chains in which stations
to transition).
Example 3 are likely to occur during the post- at the same level of a daisy chain need not
Example 2: Daisy-Chain. [Illustration
auction transition process. Figure 2 below coordinate with one another in order to test
Omitted]. Multiple dependencies can be
connected, forming a daisy-chain. Example 2 shows another simulated outcome in which equipment or operate on their post-auction
illustrates a daisy chain of 4 stations. Station the auction repurposes 84 MHz of broadcast channels. Since the longest chain in this
A must transition before Station B. Station B spectrum. The cycle consists of 196 stations example has five levels, stations could be
must transition before Station C. And Station and reaches from the Southeast region of the assigned to five phases based on how far they
C must transition before Station D. Thus, United States through the Northeast and into are (in the dependence graph) from the
Stations A, B, and C all must transition Canada. [Figure 2 Omitted]. stations placed on temporary channels.
before Station D can transition. The problem becomes more complicated Section III—The Phase Assignment Tool.
Daisy-chains can involve numerous when all dependencies are considered. Under the proposed methodology, stations
stations and multiple transition Daisy-chains can intersect and overlap, would be assigned to a limited number of
dependencies. Figure 1 below illustrates a creating a larger and more complicated daisy- transition phases. Every station in a phase
single daisy-chain involving 29 stations in chain. A cycle can also be part of a daisy- must cease operating on its pre-auction
the Northeast in a simulated outcome where chain. Thus, hundreds of stations may be channel at the end of the phase, i.e., the
the Commission repurposes 84 MHz of inter-dependent and one station may require phase completion date. Stations would be
broadcast spectrum through the incentive tens (or even hundreds) of stations to assigned to phases using the Phase
auction. [Figure 1 Omitted] transition first in order to be able to begin Assignment Tool. This Section discusses the
Successful coordination to avoid undue operating on its post-auction channel. Figure Phase Assignment Tool as well as the
interference among the stations illustrated in 3 below shows another simulated 84 MHz proposed constraints (i.e., rules by which all
Figure 1 is likely to be extremely challenging, outcome with a set of 796 inter-dependent assignments generated by the proposed tool
given the number of stations involved and stations. [Figure 3 Omitted]. must abide) and objectives (i.e., goals when
their distance from one another. In order to As indicated above, transition phases are a creating the assignments). We begin by
reduce or eliminate the need for potentially useful tool to address proposing specific constraints and objectives,
coordination, the chain could be broken by dependencies between stations. Stations may followed by a discussion of the results of staff
assigning stations to transition during be assigned to different phases in order to analysis illustrating the rationale underlying
different time periods or phases. At least 29 break daisy chains, or to the same phase in the proposal and the tradeoffs involved in
separate transition phases would be needed order to facilitate coordination by stations choosing among different constraints and
to break the chain completely so that every involved in a cycle, or to achieve other goals. objectives. Proposed Constraints and
station in the chain could transition without We refer to inter-dependent stations assigned Objectives. Based on the staff’s analysis and
the need for coordination. A large number of to the same phase as a ‘‘linked-station set’’ the record developed to date, we propose the
transition phases may undercut other and the individual stations in the linked- following constraints and objectives in
potential transition goals, however, such as station set as ‘‘linked-stations.’’ assigning stations to phases.
transitioning stations within the same region Another means of breaking dependencies Constraints: (1) A station cannot cause
at the same time and avoiding the need for is to allow temporary, limited increases in more than two percent new interference to
multiple channel rescans by viewers. In order station-to-station (pairwise) interference that another station during the transition. As
to balance these goals, a certain number of exceed the 0.5 percent allowed under the discussed above, we believe that it is
stations within a daisy chain may be assigned Commission’s rules governing pre-auction important both to avoid undue interference
to the same transition phase, thereby and post-transition interference during the transition and to provide stations
‘‘collapsing’’ the daisy chain into a more relationships. As discussed in the Public with as much flexibility as possible to test
manageable size. For example, the first five Notice, the Commission has previously equipment on their post-auction channels
or ten stations in the 29-station daisy chain allowed such temporary increases in before transitioning. Although stations may
illustrated above could be assigned to the pairwise interference above the 0.5 percent be able to achieve these goals through
first transition phase. Each station in this threshold in order to facilitate spectrum coordination, coordination may not be
collapsed daisy chain would have to transitions. As shown below, the staff’s feasible in situations involving large-scale
coordinate with one or more of the other analysis indicates that allowing temporary, and complex dependencies among stations.
sradovich on DSK3GMQ082PROD with PROPOSALS
stations in the chain in order to test their limited increases in pairwise interference As discussed in more detail in the next
equipment without undue interference. would significantly reduce the number of section, the staff’s analysis indicates that
Moreover, as illustrated by Example 3 below, dependencies between stations and in turn allowing temporary, limited increases in
the staff’s analysis indicates that certain reduce the size, number, and complexity of pairwise interference would reduce the
dependencies, known as ‘‘cycles,’’ cannot be daisy chains and cycles. Additionally, the number and complexity of dependencies
broken by assigning stations to different staff’s analysis indicates that allowing without resulting in significant aggregate
transition phases. temporary, limited increases in pairwise interference increases. Doing so is also likely
Example 3: Cycle. [Illustration Omitted]. interference would not result in significant to promote other potential goals, such as
Example 3 shows a cycle consisting of three aggregate interference increases. prioritizing the clearing of the 600 MHz Band
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![73052 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Proposed Rules
many stations as possible with the ability to number of stations that are part of linked- DMA Restrictions. Requiring that all
test their equipment on their post-auction station sets in each of the two scenarios. stations within a DMA be assigned to the
channel while simultaneously broadcasting [Figure 4, Figure 5, and Table 1 Omitted]. same transition phase resulted in
on their pre-auction channel without the Preliminary Results with Modified approximately two thirds of all stations being
need to coordinate. Constraints. To illustrate the reasons assigned to the same phase. Figure 9
(4) Minimizing the difference between the underlying the constraints and objectives illustrates this result under an 84 MHz
number of stations in the largest transition proposed above, this section presents scenario. [Figure 9 Omitted]. On the other
phase and the smallest transition phase. Like comparable results under an 84 MHz clearing hand, as shown in Figure 10 and Table 5
constraint #6 proposed above, by minimizing target scenario using alternative constraints. below, when stations in the same DMA are
this maximum difference, this objective We chose to use the 84 MHz clearing target allowed to transition in up to three different
attempts to reduce below 30 the maximum to illustrate these tradeoffs because the phases, the number of DMAs requiring more
difference between the number of stations in results are generally similar to those obtained than one rescan actually decreases compared
different phases. We believe that evening out using higher clearing targets. In this 84 MHz to the baseline run. This is because allowing
the number of stations assigned to each scenario the following constraints were a few DMAs to be subject to three rescans
transition phase will help manage limited applied instead of the proposed constraints gives the optimization software more
resources by ensuring that they can be spread above: (a) Instead of not allowing any flexibility to improve the percentage of
more evenly across the transition phases. temporary channel assignments, a small DMAs that only require one rescan.
We seek comment on these proposed number of temporary channel assignments Loosening this constraint also results in more
constraints and objectives. Although the were allowed; (b) instead of allowing stations moving out of the 600 MHz Band
Phase Assignment Tool can enforce any of temporary pairwise interference increases of sooner. [Figure 10 and Table 5 Omitted].
these constraints and objectives, some up to 2 percent, pairwise interference Section IV: The Phase Scheduling Tool.
conflict with others and cannot be imposed increases were limited to 0.5 percent and, After stations are assigned to phases by
simultaneously and others will have no conversely, allowed to go up to 5 percent; applying the Phase Assignment Tool
impact on the solution if placed after a and (c) instead of requiring that all stations described above, we propose to use the Phase
preceding objective. in a DMA be assigned to no more than two Scheduling Tool to help determine the phase
The Phase Assignment Tool could also be different transition phases, the restriction completion date for each phase. The Phase
used during the transition to modify phase was tightened to assign all stations within a Scheduling Tool estimates the total time
assignments. We recognize that unforeseen DMA to the same transition phase and, necessary for stations within a phase to
events may occur during the transition that conversely, loosened to require that all perform the tasks required to complete the
may warrant adjustments in order to ensure stations in a DMA be assigned to no more transition process. In this section, we discuss
that the transition proceeds in a timely than three different transition phases. The the Phase Scheduling Tool and the proposed
results of applying these alternative inputs which include the specific tasks
fashion. If we decide to use the Phase
constraints are shown in the figures and
Assignment Tool during the transition to required for stations to transition and the
tables below. We invite comment on whether
modify phase assignments, we propose to estimated time required to complete each
any of these alternative constraints should be
restrict reassignments to later transition task.
adopted.
phases in order to provide certainty to The Phase Scheduling Tool models the
Temporary Channel Assignments. Figure 6
stations that any adjustments will not require various processes involved in a station
below shows the impact of allowing 50
them to transition earlier than their originally transitioning to its post-auction channel. It
temporary channel assignments on the phase
scheduled phase completion date. size distribution. Table 2 shows how divides these processes into two sequential
Preliminary Results of Staff Analysis- allowing a small number of temporary stages: The ‘‘Pre-Construction Stage’’ and the
Baseline Results. This section presents channel moves can reduce the size of linked- ‘‘Construction Stage.’’ While separate
results from running the Phase Assignment station sets. The results in this table indicate processes within a stage may occur
Tool using representative final channel that allowing up to 50 temporary channel concurrently, such as equipment
assignment plans, for both a 114 MHz and an assignments is likely to significantly reduce procurement and zoning applications, all
84 MHz spectrum clearing scenario. In each the size of the largest linked-station set, processes within the Pre-Construction Stage
scenario, all of the constraints proposed reduce the number of U.S. stations remaining must be complete before the station is ready
above are satisfied and the proposed in the 600 MHz Band in Phase 9, and reduce to move to the Construction Stage. For
objectives were applied. We assumed that the number of DMAs requiring more than one example, in the model, the process of
Canadian stations will be jointly rescan. [Figure 6 and Table 2 Omitted] installing a new primary antenna cannot
transitioning with U.S. stations. All Canadian Pairwise Interference. Figures 7 and 8 and occur until after the new antenna is
stations are included in the studies. Those Table 3 below show the results if (a) only 0.5 manufactured and delivered. A transition
stations that will remain on their channel but pairwise interference increases are allowed phase cannot end until all stations in the
be required to convert to digital are not on a temporary basis during the transition model assigned to that phase have completed
reflected at this time. However, the final joint and (b) pairwise interference increases up to both stages and are ready to operate on their
transition plan and schedule will include all 5 percent are allowed. Figures 7 and 8 and post-auction channels.
analog and digital Canadian stations. We also Table 3 reflect that, as the amount of Some processes require specialized
assumed that Mexican stations will have temporary pairwise interference allowed is resources that may be in limited supply. The
already completed their transition to their increased, more U.S. TV-Band and Canadian Phase Scheduling Tool models these limited
new channels below channel 37 prior to the stations transition in the final two phases, resources by constraining the amount
end of the first phase. and fewer DMAs require more than one available at any given time. If a station needs
Figures 4 and 5 below present histograms rescan. As compared to the 0.5 percent a constrained resource to complete a process,
for the 114 MHz and 84 MHz cases, results, the higher interference levels and the resource is unavailable because other
respectively, showing the total number of substantially reduced the maximum number stations are using it, the station is placed in
stations that transition in each phase and of linked-station sets. [Figure 7, Figure 8, and a queue until the required resource is
within each phase how many are (a) Table 3 Omitted] available. As described in more detail below,
Canadian stations, (b) U.S. stations whose Staff analysis also indicates that, when the processes within each phase are not
pre-auction channel is in the 600 MHz Band pairwise temporary interference is allowed to designed to be a comprehensive listing of
sradovich on DSK3GMQ082PROD with PROPOSALS
and (c) other U.S. stations. The figures show increase, aggregate interference levels every task; we have instead separated those
that the 600 MHz band is mostly clear of (calculated consistent with the methodology processes which need resources that are most
U.S.-based impairments by the end of Phase presented in the Aggregate Interference PN) limited in supply and therefore likely will
8. Also, very few Canadian stations are do not exceed the pairwise limits except for have the biggest impact on scheduling.
assigned to early transition phases. Those a few cases. In those few cases, the aggregate In each Stage, the Phase Scheduling Tool
Canadian stations that are assigned to early interference for any one station is never more uses two inputs: (1) The time it would take
transition phases must transition earlier in than double the pairwise limit. Table 4 for a station to complete the tasks of that
order to allow U.S. stations or other Canadian shows the results of the staff’s analysis. stage if all resources are available when
stations to transition. Table 1 illustrates the [Table 4 Omitted]. needed; and (2) the estimated availability of
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constrained resources. The Phase Scheduling The Phase Scheduling Tool groups together component of the Pre-Construction Stage
Tool uses these inputs to calculate how long all tasks within a stage that can be done include manufacturing time once the antenna
it will take each station within a transition regardless of how many other stations are manufacturers receives orders from stations,
phase to complete all work associated with performing similar tasks. However, since as well as delivery time. If no station had to
both Stages. The output of the Tool is the there are two constrained resources that are wait for its main antenna to be manufactured
estimated number of weeks from the start of dependent on the actions of others (antenna and delivered, then the maximum amount of
the transition required for all stations deliveries and tower crew availability), these time it would take any station to complete
assigned to a phase to complete all of the tasks are separated out and the model the Pre-Construction Stage would be the 72
necessary transition tasks, test equipment on considers how resource availability impacts weeks allotted for the complicated stations to
their post-auction channels, and be ready to the total completion time for any station in complete their planning activities. However,
operate on their post-auction channels. either stage. We note that there are many the ability of manufactures to produce
Since it is not possible to know the exact other resources that are not specifically enough antennas may impact the overall
order stations will begin each process, the identified but are essential to completion of schedule. Therefore, the Phase Scheduling
Phase Scheduling Tool uses discrete event the transition process. Based on the staff’s Tool includes antenna manufacturing and
simulation to model this uncertainty. The analysis and the record developed to date, delivery as a specific resource constraint.
Phase Scheduling Tool does assume, resources such as auxiliary antenna Each station within a Transition Phase must
however, that a station assigned to an earlier manufacturing, transmitter manufacturing, receive its antenna delivery in order for it to
phase will begin its Pre-Construction Stage transmission line manufacturing and RF complete the Pre-Construction Stage.
processes requiring a constrained resource component installers will not affect the time Stations are divided into two categories,
(e.g., ordering an antenna) before a station required for a station to complete its based on the assumption that manufacture
assigned to a later phase. By assigning the transition. The availability and and delivery of directional antennas for full
station order within a transition phase manufacturing capacity of these resources power stations will require more time than
randomly, called the ‘‘simulation order,’’ and have been identified as being sufficient to for non-directional and Class A antennas (of
simulating the transition processes, the Phase fulfill the expected demand during the either type). The time estimates shown in
Scheduling Tool provides a single estimate of transition (i.e., these resources have been Table 7 are based on the assumption that the
the time to complete each transition phase. designated as being ‘‘unconstrained’’) and antenna manufacturers will begin
By repeating this simulation multiple times therefore are not broken out separately in the manufacturing antennas as soon as the orders
with stations in the same phase entering the Phase Scheduling Tool. Instead, as illustrated are received unless they are manufacturing at
system in a new random simulation order, in Figure 11, the tasks related to these their current capacity. [Table 7 Omitted].
the Phase Scheduling Tool produces a range unconstrained resources have been grouped We also propose to include in the Phase
of completion times for each phase. The into the general tasks of Administration/ Scheduling Tool a specific number of
Bureau intends to use this range in Planning, which is within the Pre- antennas that can be manufactured and
determining appropriate phase deadlines
Construction Stage, and Construction-related delivered at any given time. Based on those
given the composition of the individual
Work, which is within the Construction numbers, some stations may be able to
stations in each phase.
Stage. The Phase Scheduling Tool uses receive their antenna without waiting for any
The Phase Scheduling Tool also enables
conservative estimates for the time additional time, but other stations may have
the staff to analyze the sensitivity of
requirements in order to safely over-estimate to wait for their antennas to be delivered. The
transition phase time estimates based on
the individual needs of each station. Phase Scheduling Tool will place such
changes in input data. During the transition,
Pre-Construction Stage Inputs. There are stations in a queue until the antenna can be
as new information becomes available, the
Tool can be rerun to assess the potential two components to the Pre-Construction delivered, based on the station’s assigned
impact of unforeseen developments on the Stage: (1) The time required for antenna number in a simulation order. In addition,
overall schedule. equipment to be ordered, manufactured and the Phase Scheduling Tool will assume that
The following subsections detail the delivered (a significant constraint); and (2) manufacturers have an inventory of 20
specific processes or tasks that we propose to the time required for all other planning and antennas at the start of the 39-month
model for each stage, as well as the estimated administration activities necessary to prepare transition period, and that capacity will
time and resource availability for each for construction (called ‘‘Administration/ increase over the course of the transition
process. The proposed estimates are based on Planning’’). The Administration/Planning period. These proposed assumptions are
data contained in the Widelity Report, component includes zoning, administration, listed in Table 8 below. [Table 8 Omitted].
submissions from stakeholders, and legal work, and pre-construction alterations The completion of the Pre-Construction
informational discussions with tower crew to tower and transmitter equipment. Since Stage for a given station is the maximum
companies, other antenna and transmitter administration and planning activities take completion time for these two activities—
manufacturers, and broadcasters. We believe place in parallel and the activities of one either the time required for Administration/
that the proposed estimates are conservative station are unlikely to impact the ability of Planning activities or the time required for
and that they reasonably capture each aspect others to perform the same activities, the the manufacture and delivery of the
of the transition. We invite comment on these model simply estimates the total time needed antennas. For stations in early phases, the
proposed inputs. The final subsection shows to complete all of these activities. Pre-Construction Stage is usually the time
sample outputs of the Phase Scheduling Tool The proposed Phase Scheduling Tool required for Administration/Planning. For a
for the two baseline Phase Assignment Tool categorizes stations based on the difficulty of station assigned to a later phase, the station
runs set forth in the prior section. completing these activities. The Commission will likely have completed the
Modeling the Transition Stages. As stated used a similar ‘‘bucketing’’ approach for Administration/Planning activities before the
earlier, the individual tasks required for a categorizing stations as was used when delivery of its antenna, and therefore, its Pre-
station to complete its transition have been determining the Final Channel Assignment. construction Stage will be completed when
grouped into two stages: The Pre- Proposed time estimates were derived by the antenna is delivered.
Construction Stage and the Construction taking estimates from Widelity and, where Construction Stage Inputs. The approach to
Stage. In the Pre-Construction Stage, a station appropriate, adding ‘‘slack’’ time so that the modeling the Construction Stage is similar to
completes two tasks: Ordering and delivery overall estimate of the time required would that of the Pre-Construction Phase and
of the main and auxiliary antennas; and be a conservative one. The proposed time consists of two activities: (1) The time to
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administration and planning work, which estimates are shown in Table 6 below. [Table complete all general facets of construction
includes zoning, administration, legal, 6 Omitted]. (called ‘‘Construction-Related Work’’); and
possible structural tower improvements, The Administration/Planning time (2) the time required by tower crews to
equipment modifications, and other estimate sets the minimum amount of time complete installation of equipment on the
activities. In the Construction Stage, a station required for a station to complete the Pre- tower. As with Pre-Construction Stage
completes two additional tasks: Construction Stage. While Administration/ activities, these activities can occur in
Construction-related work and tower crew Planning work is occurring, stations likely parallel but the estimated completion time
work. This process is shown in Figure 11 will place orders for their main antennas. for the Stage is the time required to complete
below. [Figure 11 Omitted]. The proposed time estimates for this both these activities. In addition, like the
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![73054 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Proposed Rules
Administration/Planning category in the Pre- number of crews will increase as the telecommunications carriers (except
Construction Stage, the Construction-Related transition proceeds. The specific estimates satellite); (4) wired telecommunications
Work category is a catch-all category of work we propose are set forth below in Table 11. carriers; (5) cable television distribution
for the Construction Stage. The estimated We assume a conservative growth rate in U.S. services; (6) cable companies and systems; (7)
time for this activity includes estimates of the tower crews of 5%, but no growth in cable system operators (Telecom Act
time to complete all construction work and Canadian crews (which is very conservative). standard); and (8) direct broadcast satellite
associated management and coordination [Table 11 Omitted]. (DBS) service.
activities. More specifically, Construction- Other assumptions incorporated into the Need for, and Objectives of, the Proposed
Related Work includes estimates for the time proposed Phase Scheduling Tool are: (1) The Rule Changes. The Federal Communications
associated with installing the transmitter estimated time required to complete work on Commission (Commission) delegated
components, combiners, RF mask filters and a tower is reduced or discounted if more than authority to the Media Bureau (Bureau) to
the transmission line to the tower base. one station on the tower is transitioning in establish construction deadlines within the
Construction-Related Work also allows time the same phase. The Phase Scheduling Tool 39-month post-incentive auction transition
for any possible installation of liquid cooling assumes that antenna installations will be period for television stations that are
systems, AC power, and connection to performed by a single tower crew at the same assigned to new channels in the incentive
remote control equipment and input signal time for all stations located on a given tower auction repacking process. Pursuant to the
connections if required. Finally, that are assigned to the same phase. The total Commission’s direction, the Bureau, in
Construction-Related Work includes time estimated time for work on the tower will be consultation with the Wireless
required for performing any tower the time required for the most difficult Telecommunications Bureau, the Office of
modifications and any final testing of the station plus 10 percent for the second station Engineering and Technology and the
system. Table 9 proposes estimates of the and five percent for each additional station Incentive Auction Task Force, is developing
time to complete all work included in the up to an additional 30 percent. Based on a plan for a ‘‘phased transition schedule.’’
‘‘Construction-Related Work’’ category. informal discussions with industry and the The purpose of the Public Notice is to invite
[Table 9 Omitted] record developed to date, we believe that comment on the plan.
The Construction-Related Work estimates these proposed discounts are appropriately The Bureau proposes to use a Phase
the minimum amount of time required for a conservative; (2) The Phase Scheduling Tool Assignment Tool that will use mathematical
station to complete the Construction Stage. assumes that 75 percent of all stations optimization techniques to assign stations to
The other process in the Construction Stage (including those with a licensed auxiliary one of 10 ‘‘transition phases.’’ The phases
work is tower work. The time required for antenna) will need to install an auxiliary will have sequential testing periods and
tower work is both tower and antenna antenna. For each station requiring an deadlines or ‘‘phase completion dates.’’ The
specific. Table 10 lists the different auxiliary antenna, one additional week of phase completion date is the last day that a
characteristics that determine the amount of tower crew time is added to the tower crew station in its assigned phase may operate on
time required to perform tower work. [Table time, which is the maximum time required its pre-auction channel. The specific
10 Omitted]. If a station did not need to wait for an auxiliary in Table 10; and (3) Where constraints and objectives the Bureau
for an antenna crew to become available in the estimated time required to complete an proposed are set forth in Appendix A to the
order to complete its tower work, then the entire transition phase is less than four weeks Public Notice.
amount of time the station would take to because much of the work (other than The Bureau proposes to use a Phase
complete the Construction Stage would be transmission testing on the new channel) has Scheduling Tool to estimate the time
the larger of the time estimated for already occurred prior to the start date for the required for stations in each phase to
construction-related work and the time testing period of that transition phase, the complete the tasks required to transition to
estimated for the station to complete work on testing period window is scaled up to allow their pre-auction channels in light of
its tower. However, not every station will be four weeks for testing. resource availability. The Bureau will use the
able to have a tower crew as soon as needed. Sample Output. This section provides Phase Scheduling Tool to guide it in
The Phase Scheduling Tool will place any sample results of the Phase Scheduling Tool establishing phase completion dates for each
station that is waiting for a tower crew to using the baseline Phase Assignment Tool phase. This is the date by which stations
become available in a queue until a crew results and the proposed constraints and within that phase must cease operations on
becomes available, based on the station’s objectives, as presented in section III above, their pre-auction channels. Appendix A
assigned number in a simulation order. for simulated auction outcomes involving details the specific tasks or processes that the
Stations will be removed from the queue 114 MHz and 84 MHz clearing scenarios. Bureau proposes to model in the Phase
according to their simulation order. Although Tables 12 and 13 below show the Scheduling Tool for each stage of the
We propose to include in the Phase average number of weeks from the start of the transition process, as well as the estimated
Scheduling Tool specific estimates regarding phase to phase completion date, each phase time and resource availability for each task.
the number of available tower crews. The completion date will be listed as a specific Under the proposed plan, the transition
record developed to date reflects different date when the final transition plan is phases will begin at the same time, but will
estimates as to the number and types of tower released. This outputs of each clearing have sequential phase completion dates.
crews that will be available. In light of the scenario are represented graphically below in Each phase will have a defined ‘‘testing
variance in these estimates, we propose to Figures 12 and 13, respectively. As both period,’’ ending with the phase completion
place tower crews into three buckets: One for Figures show, stations within each phase date. For each phase after the first one, the
U.S. crews capable of servicing towers that cannot start testing until the prior phase is testing period will begin on the day after the
are particularly difficult to work on due to complete, and all stations within a phase phase completion date for the prior phase.
height or location; one for U.S. crews that are must cease operating on their pre-auction The need for a station to coordinate with
capable of servicing easier towers; and one channels by the phase completion date. other stations during the testing period will
for Canadian crews. U.S. stations on towers [Table 12, Figure 12, Table 13, and Figure 13 depend on whether it is part of a ‘‘linked-
that are above 300 feet in height and that are Omitted]. station set,’’ that is, a set of two or more
top-mounted or located on a candelabra can Appendix B—Initial Regulatory stations assigned to the same phase with
only draw from the pool of U.S. crews that interference relationships or ‘‘dependencies.’’
Flexibility Act Analysis
can handle such difficult sites. Other U.S. Stations that are not part of a linked-station
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stations can only draw from the other pool The RFA directs agencies to provide a set may test on their post-auction channels
of U.S. crews, on the assumption that these description of, and where feasible, an during the testing period without the need
difficult site crews will be fully occupied. estimate of the number of small entities that for coordination. Stations that are part of a
Canadian stations can only draw from the may be affected by the proposed rules, if linked-station set must coordinate testing
pool of Canadian crews. It is likely that crews adopted. The following small entities, as well with stations in the set so as not avoid undue
will travel between countries, but separating as an estimate of the number of such small interference. Such stations must transition to
the crews in this way provides a more entities, are discussed in the IRFA: (1) Full their post-auction channels simultaneously.
conservative estimate of the number of crews power television stations; (2) Class A TV and As part of the proposed plan, the Bureau
available in each country. We expect that the LPTV stations; (3) wireless is seeking comment on whether to allow
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![Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Proposed Rules 73055
increased temporary interference between by a temporary channel assignment could file alternatives that it has considered in reaching
stations that are still operating on their pre- for a new channel during the post-auction its proposed approach, which may include
auction channels and stations testing or LPTV displacement window. Alternatively, the following four alternatives (among
operating on their post-auction channels in the displaced LPTV station could go silent or others): (1) The establishment of differing
order to facilitate the transition. The staff’s seek temporary authorization to operate its compliance or reporting requirements or
analysis indicates that allowing temporary facility at variance from its authorized timetables that take into account the
pairwise (station-to-station) interference parameters in order to prevent interference. resources available to small entities; (2) the
above the 0.5 percent authorized by the rules Because the Commission anticipated the clarification, consolidation, or simplification
governing increased permanent interference possibility of using temporary channels to of compliance or reporting requirements
is likely to significantly reduce inter- facilitate the transition and stated that the under the rule for small entities; (3) the use
dependencies between stations and facilitate reasonably incurred costs of equipment of performance, rather than design, standard;
coordination. The Bureau proposes to allow needed to move to temporary channels are and (4) an exemption from coverage of the
temporary pairwise interference increases of eligible for reimbursement, the Bureau notes rule, or any part thereof, for small entities.
up to two percent, which it believes will that such costs would be eligible for
In general, alternatives to proposed rules or
produce substantial benefits without undue reimbursement in the same manner as costs
policies are discussed only when those rules
disruption to television service during the related to construction of permanent post-
pose a significant adverse economic impact
transition. auction channel facilities. Multichannel
The Bureau is also considering whether to Video Programming Distributors (MVPDs) on small entities. In this context, however,
assign some stations to temporary channels likewise should be eligible for the proposed transition plan set forth in the
during the transition as another means of reimbursement of all eligible costs in order Public Notice generally confers benefits. In
reducing the size or number of linked-station to continue to carry a reassigned station particular, the intent of the plan is to ensure
sets and facilitate the transition. The Bureau operating on a temporary channel. that all stations are able to complete a timely
proposes to limit such assignments, however, Description of Projected Reporting, transition to their final post-auction channel
to stations in complex ‘‘cycles’’ of inter- Recordkeeping, and Other Compliance facilities without delay and without
dependency. The Bureau also proposes to Requirements. If the Bureau decides to use incurring unnecessary costs. Although
limit such assignments to channels that are temporary channels, it proposes to require certain proposals, such as the use of
close to stations’ ultimate channel that stations assigned to temporary channels temporary channels and increased
assignments, and to relatively low power apply for special temporary authority (STA) interference, may impose additional burdens
stations, in order to limit the associated within ninety days of the Closing and on stations and MVPDs, the benefits of such
burdens and costs. Temporary channel Reassignment PN’s release. It also proposes proposals (such as further facilitating the
assignments would replicate pre-auction that any temporary channel assignments in successful post-incentive auction transition)
coverage area and population served. the 600 MHz Band would be subject to the outweigh any burdens associated with
Because the Bureau anticipates that stations inter-service interference (ISIX) protections compliance. Further, eligible stations and
would need to commence operations on adopted in the ISIX Third Report and Order, MVPDs that incur additional costs associated
temporary facilities early in the transition, it which requires, among other things, that with these proposals may seek
proposes to require that stations assigned to wireless carriers prepare and retain a study reimbursement. In addition, if a full power or
temporary channels apply for special demonstrating that no interference will be Class A station operating on a temporary
temporary authority (STA) within ninety caused to full-power or Class A broadcast channel displaces an operating LPTV station,
days of the Closing and Reassignment PN’s television stations. We believe the proposals such LPTV station could file for a new
release. will not have a significant effect on the channel during the post-auction LPTV
If the Bureau decides to use temporary reporting, recordkeeping, or other displacement window. Alternatively, the
channel assignments, it tentatively concludes compliance requirements of regulatees. To displaced LPTV station could go silent or
that stations will have must-carry rights on the extent that commenters believe that any seek temporary authorization to operate its
their temporary channels. It also proposes of the proposals would impose any
facility at variance from its authorized
that any temporary channel assignments in additional reporting, recordkeeping, or
parameters in order to prevent interference.
the 600 MHz Band would be subject to the compliance requirement on small entities, we
inter-service interference (ISIX) protections ask that they describe the nature of that Federal Communications Commission.
adopted in the ISIX Third Report and Order. burden. Barbara A. Kreisman,
In addition, a full power or Class A station Steps Taken to Minimize Significant Chief, Video Division, Media Bureau.
operating on a temporary channel could Impact on Small Entities and Significant
displace a low power television (LPTV) Alternatives Considered. The RFA requires [FR Doc. 2016–25333 Filed 10–21–16; 8:45 am]
station. An operating LPTV station displaced an agency to describe any significant BILLING CODE 6712–01–P
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Document Created: 2016-10-21 23:45:58
Document Modified: 2016-10-21 23:45:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule, request for comment. | |
| Dates | Comments due on or before October 31, 2016 and reply comments due on or before November 15, 2016. | |
| Contact | Evan Morris, Video Division, Media Bureau, Federal Communications Commission, (202) 418-1656 or Erin Griffith, Incentive Auction Task Force, Federal Communications Commission, (202) 418-2957. | |
| FR Citation | 81 FR 73044 | |
| CFR Citation | 47
CFR
1 47 CFR 27 47 CFR 73 47 CFR 76 |
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