(a) Commission actionIf the Commission determines to issue additional licenses for advanced television services, the Commission—
(1)
should limit the initial eligibility for such
licenses to
persons that, as of the date of such issuance, are licensed to operate a television
broadcast station or hold a permit to construct such a
station (or both); and
(2)
shall adopt regulations that allow the holders of such
licenses to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity.
(b) Contents of regulationsIn prescribing the regulations required by subsection (a), the Commission shall—
(3)
apply to any other ancillary or supplementary service such of the
Commission’s regulations as are applicable to the offering of analogous services by any other
person, except that no ancillary or supplementary service shall have any rights to carriage under section
534 or
535 of this title or be deemed a multichannel video programming distributor for purposes of
section 548 of this title;
(4)
adopt such technical and other requirements as may be necessary or appropriate to assure the quality of the signal used to provide
advanced television services, and may adopt regulations that stipulate the minimum number of hours per day that such signal must be transmitted; and
(5)
prescribe such other regulations as may be necessary for the protection of the public interest, convenience, and necessity.
(d) Public interest requirement
Nothing in this section shall be construed as relieving a television broadcasting station from its obligation to serve the public interest, convenience, and necessity. In the Commission’s review of any application for renewal of a broadcast license for a television station that provides ancillary or supplementary services, the television licensee shall establish that all of its program services on the existing or advanced television spectrum are in the public interest. Any violation of the Commission rules applicable to ancillary or supplementary services shall reflect upon the licensee’s qualifications for renewal of its license.
(e) Fees
(1) Services to which fees applyIf the regulations prescribed pursuant to subsection (a) permit a licensee to offer ancillary or supplementary services on a designated frequency—
(A)
for which the payment of a subscription fee is required in order to receive such services, or
(B)
for which the
licensee directly or indirectly receives compensation from a third party in return for transmitting material furnished by such third party (other than commercial advertisements used to support
broadcasting for which a subscription fee is not required),
the
Commission shall establish a program to assess and collect from the
licensee for such
designated frequency an annual fee or other schedule or method of payment that promotes the objectives described in subparagraphs (A) and (B) of paragraph (2).
(2) Collection of feesThe program required by paragraph (1) shall—
(A)
be designed (i) to recover for the public a portion of the value of the public spectrum resource made available for such commercial use, and (ii) to avoid unjust enrichment through the method employed to permit such uses of that resource;
(B)
recover for the public an amount that, to the extent feasible, equals but does not exceed (over the term of the
license) the amount that would have been recovered had such services been licensed pursuant to the provisions of
section 309(j) of this title and the
Commission’s regulations thereunder; and
(C)
be adjusted by the
Commission from time to time in order to continue to comply with the requirements of this paragraph.
(3) Treatment of revenues
(A) General rule
Except as provided in subparagraph (B), all proceeds obtained pursuant to the regulations required by this subsection shall be deposited in the Treasury in accordance with chapter 33 of title 31.
(B) Retention of revenues
Notwithstanding subparagraph (A), the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this section and regulating and supervising advanced television services. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis.
(4) Report
The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection.
(f) Preservation of low-power community television broadcasting
(1) Creation of class A licenses
(A) Rulemaking requiredWithin 120 days after November 29, 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low-power television stations. Such regulations shall provide that—
(i)
the
license shall be subject to the same
license terms and renewal standards as the
licenses for full-power television
stations except as provided in this subsection; and
(ii)
each such class A
licensee shall be accorded primary status as a television broadcaster as long as the
station continues to meet the requirements for a qualifying low-power
station in paragraph (2).
(B) Notice to and certification by licensees
Within 30 days after November 29, 1999, the Commission shall send a notice to the licensees of all low-power television licenses that describes the requirements for class A designation. Within 60 days after November 29, 1999, licensees intending to seek class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this subsection. Absent a material deficiency, the Commission shall grant certification of eligibility to apply for class A status.
(C) Application for and award of licenses
Consistent with the requirements set forth in paragraph (2)(A) of this subsection, a licensee may submit an application for class A designation under this paragraph within 30 days after final regulations are adopted under subparagraph (A) of this paragraph. Except as provided in paragraphs (6) and (7), the Commission shall, within 30 days after receipt of an application of a licensee of a qualifying low-power television station that is acceptable for filing, award such a class A television station license to such licensee.
(D) Resolution of technical problemsThe Commission shall act to preserve the service areas of low-power television licensees pending the final resolution of a class A application. If, after granting certification of eligibility for a class A license, technical problems arise requiring an engineering solution to a full-power station’s allotted parameters or channel assignment in the digital television Table of Allotments, the Commission shall make such modifications as necessary—
(i)
to ensure replication of the full-power digital television applicant’s service area, as provided for in sections 73.622 and 73.623 of the
Commission’s regulations (
47 CFR
73.622,
73.623); and
(ii)
to permit maximization of a full-power digital television applicant’s service area consistent with such sections 73.622 and 73.623,
if such applicant has filed an application for maximization or a notice of its intent to seek such maximization by
December 31, 1999, and filed a bona fide application for maximization by
May 1, 2000. Any such applicant shall comply with all applicable
Commission rules regarding the construction of digital television facilities.
(2) Qualifying low-power television stationsFor purposes of this subsection, a station is a qualifying low-power television station if—
(A)
(i) during the 90 days preceding November 29, 1999—
(I)
such
station broadcast a minimum of 18 hours per day;
(II)
such
station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such
station, or the market area served by a group of commonly controlled low-power
stations that carry common local programming produced within the market area served by such group; and
(ii)
from and after the date of its application for a class A
license, the
station is in compliance with the
Commission’s operating rules for full-power television
stations; or
(B)
the
Commission determines that the public interest, convenience, and necessity would be served by treating the
station as a qualifying low-power television
station for purposes of this section, or for other reasons determined by the
Commission.
(3) Common ownership
No low-power television station authorized as of November 29, 1999, shall be disqualified for a class A license based on common ownership with any other medium of mass communication.
(4) Issuance of licenses for advanced television services to television translator stations and qualifying low-power television stations
The Commission is not required to issue any additional license for advanced television services to the licensee of a class A television station under this subsection, or to any licensee of any television translator station, but shall accept a license application for such services proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of filing of the advanced television application. Such new license or the original license of the applicant shall be forfeited after the end of the digital television service transition period, as determined by the Commission. A licensee of a low-power television station or television translator station may, at the option of licensee, elect to convert to the provision of advanced television services on its analog channel, but shall not be required to convert to digital operation until the end of such transition period.
(6) Interim qualification
(A) Stations operating within certain bandwidth
The Commission may not grant a class A license to a low-power television station for operation between 698 and 806 megahertz, but the Commission shall provide to low-power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification requirements for a class A license. If such a qualified applicant for a class A license is assigned a channel within the core spectrum (as such term is defined in MM Docket No. 87–286, February 17, 1998), the Commission shall issue a class A license simultaneously with the assignment of such channel.
(B) Certain channels off-limits
The Commission may not grant under this subsection a class A license to a low-power television station operating on a channel within the core spectrum that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order (MM Docket No. 87–268). Within 18 months after November 29, 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels.
(7) No interference requirementThe Commission may not grant a class A license, nor approve a modification of a class A license, unless the applicant or licensee shows that the class A station for which the license or modification is sought will not cause—
(A) interference within—
(i)
the predicted Grade B contour (as of the date of the enactment of the
Community Broadcasters Protection Act of 1999 [
November 29, 1999], or
November 1, 1999, whichever is later, or as proposed in a change application filed on or before such date) of any television
station transmitting in analog format; or
(B) interference within the protected contour of any low-power television station or low-power television translator station that—
(i)
was licensed prior to the date on which the application for a class A
license, or for the modification of such a
license, was filed;
(iii)
had a pending application that was submitted prior to such date; or
(C) interference within the protected contour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission’s regulations (47 CFR 22.625(b)(1) and 90.303) for frequencies in—
(i)
the 470–512 megahertz band identified in section 22.621 or 90.303 of such regulations; or
(ii)
the 482–488 megahertz band in New York.
(8) Priority for displaced low-power stations
Low-power stations that are displaced by an application filed under this section shall have priority over other low-power stations in the assignment of available channels.
(h) Provision of digital data service by low-power television stations
(1)
Within 60 days after receiving a request (made in such form and manner and containing such information as the
Commission may require) under this subsection from a low-power television
station to which this subsection applies, the
Commission shall authorize the
licensee or permittee of that
station to provide
digital data service subject to the requirements of this subsection as a pilot project to demonstrate the feasibility of using low-power television
stations to provide high-speed wireless
digital data service, including Internet access to unserved areas.
(2) The low-power television stations to which this subsection applies are as follows:
(A)
KHLM–LP, Houston, Texas.
(B)
WTAM–LP, Tampa, Florida.
(C)
WWRJ–LP, Jacksonville, Florida.
(D)
WVBG–LP, Albany, New York.
(E)
KHHI–LP, Honolulu, Hawaii.
(F)
KPHE–LP (K19DD), Phoenix, Arizona.
(G)
K34FI, Bozeman, Montana.
(H)
K65GZ, Bozeman, Montana.
(I)
WXOB–LP, Richmond, Virginia.
(J)
WIIW–LP, Nashville, Tennessee.
(K)
A
station and repeaters to be determined by the
Federal Communications Commission for the sole purpose of providing service to communities in the Kenai Peninsula Borough and Matanuska Susitna Borough.
(L)
WSPY–LP, Plano, Illinois.
(M)
W24AJ, Aurora, Illinois.
(3) Notwithstanding any requirement of section 553 of title 5, the Commission shall promulgate regulations establishing the procedures, consistent with the requirements of paragraphs (4) and (5), governing the pilot projects for the provision of digital data services by certain low power television licensees within 120 days after the date of enactment of LPTV Digital Data Services Act. The regulations shall set forth—
(A)
requirements as to the form, manner, and information required for submitting requests to the
Commission to provide
digital data service as a pilot project;
(B)
procedures for testing interference to digital television receivers caused by any pilot project
station or remote transmitter;
(C)
procedures for terminating any pilot project
station or remote transmitter or both that causes interference to any analog or digital full-power television
stations, class A television
station, television translators or any other users of the core television band;
(D)
specifications for reports to be filed quarterly by each low power television
licensee participating in a pilot project;
(E)
procedures by which a low power television
licensee participating in a pilot project shall notify television
broadcast stations in the same market upon commencement of
digital data services and for ongoing coordination with local broadcasters during the test period; and
(F)
procedures for the receipt and review of interference complaints on an expedited basis consistent with paragraph (5)(D).
(4) A low-power television station to which this subsection applies may not provide digital data service unless—
(A)
the provision of that service, including any remote return-path transmission in the case of 2-way
digital data service, does not cause any interference in violation of the
Commission’s existing rules, regarding interference caused by low power television
stations to full-service analog or digital television
stations, class A television
stations, or television translator
stations; and
(B)
the
station complies with the
Commission’s regulations governing safety, environmental, and sound engineering practices, and any other
Commission regulation under paragraph (3) governing pilot program operations.
(5)
(B) The Commission shall grant any such station, upon application (made in such form and manner and containing such information as the Commission may require) by the licensee or permittee of that station, authority to move the station to another location, to modify its facilities to operate on a different channel, or to use booster or auxiliary transmitting locations, if the grant of authority will not cause interference to the allowable or protected service areas of full service digital television stations, National Television Standards Committee assignments, or television translator stations, and provided, however, no such authority shall be granted unless it is consistent with existing Commission regulations relating to the movement, modification, and use of non-class A low power television transmission facilities in order—
(i)
to operate within television channels 2 through 51, inclusive; or
(C) The Commission shall require quarterly reports from each station authorized to provide digital data services under this subsection that include—
(i)
information on the
station’s experience with interference complaints and the resolution thereof;
(iii)
such other information as the
Commission may require in order to administer this subsection.
(D)
The
Commission shall resolve any complaints of interference with television reception caused by any
station providing
digital data service authorized under this subsection within 60 days after the complaint is received by the
Commission.
(6)
The
Commission shall assess and collect from any low-power television
station authorized to provide
digital data service under this subsection an annual fee or other schedule or method of payment comparable to any fee imposed under the authority of this chapter on providers of similar services. Amounts received by the
Commission under this paragraph may be retained by the
Commission as an offsetting collection to the extent necessary to cover the costs of developing and implementing the pilot program authorized by this subsection, and regulating and supervising the provision of
digital data service by low-power television
stations under this subsection. Amounts received by the
Commission under this paragraph in excess of any amount retained under the preceding sentence shall be deposited in the Treasury in accordance with chapter 33 of title 31.
(7) In this subsection, the term “digital data service” includes—
(A)
digitally-based interactive broadcast service; and
(B) wireless Internet access, without regard to—
(i) whether such access is—
(I)
provided on a one-way or a two-way basis;
(II)
portable or fixed; or
(III)
connected to the Internet via a band allocated to Interactive Video and Data Service; and
(ii)
the technology employed in delivering such service, including the delivery of such service via multiple transmitters at multiple locations.
(8)
Nothing in this subsection limits the authority of the
Commission under any other provision of law.
(i) DefinitionsAs used in this section:
(1) Advanced television services
The term “advanced television services” means television services provided using digital or other advanced technology as further defined in the opinion, report, and order of the Commission entitled “Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service”, MM Docket 87–268, adopted September 17, 1992, and successor proceedings.
(3) High definition television
The term “high definition television” refers to systems that offer approximately twice the vertical and horizontal resolution of receivers generally available on February 8, 1996, as further defined in the proceedings described in paragraph (1) of this subsection.
(June 19, 1934, ch. 652, title III, § 336, as added
Pub. L. 104–104, title II, § 201,
Feb. 8, 1996,
110 Stat. 107;
Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(c)],
Nov. 29, 1999,
113 Stat. 1536, 1501A–595;
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 143(a)],
Dec. 21, 2000,
114 Stat. 2763, 2763A–235;
Pub. L. 115–141, div. P, title IV, § 402(i)(6),
Mar. 23, 2018,
132 Stat. 1090.)
Editorial Notes
References in Text
The date of enactment of LPTV Digital Data Services Act, referred to in subsec. (h)(3), probably means the date of enactment of Pub. L. 106–554, which enacted subsec. (h) of this section, and which was approved Dec. 21, 2000. There is no public law with that short title.
This chapter, referred to in subsec. (h)(6), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Amendments
2018—Subsec. (e)(4). Pub. L. 115–141 amended par. (4) generally. Prior to amendment, text read as follows: “Within 5 years after February 8, 1996, the Commission shall report to the Congress on the implementation of the program required by this subsection, and shall annually thereafter advise the Congress on the amounts collected pursuant to such program.”
2000—Subsecs. (h), (i). Pub. L. 106–554 added subsec. (h) and redesignated former subsec. (h) as (i).
1999—Subsecs. (f) to (h). Pub. L. 106–113 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
Statutory Notes and Related Subsidiaries
Transition to Digital Television
Pub. L. 107–188, title V, § 531, June 12, 2002, 116 Stat. 695, provided that:
“(a) Pair Assignment Required.—In order to further promote the orderly transition to digital television, and to promote the equitable allocation and use of digital channels by television broadcast permittees and licensees, the Federal Communications Commission, at the request of an eligible licensee or permittee, shall, within 90 days after the date of enactment of this Act [June 12, 2002], allot, if necessary, and assign a paired digital television channel to that licensee or permittee, provided that—
“(1)
such channel can be allotted and assigned without further modification of the tables of allotments as set forth in sections 73.606 and 73.622 of the
Commission’s regulations (
47 CFR
73.606,
73.622); and
“(b) Eligible Transition Licensee or Permittee.—For purposes of subsection (a), the term ‘eligible licensee or permittee’ means only a full power television broadcast licensee or permittee (or its successor in interest) that—
“(1)
had an application pending for an analog television
station construction permit as of
October 24, 1991, which application was granted after
April 3, 1997; and
“(2)
as of the date of enactment of this Act [
June 12, 2002], is the permittee or
licensee of that
station.
“(c) Requirements on Licensee or Permittee.—
“(1) Construction deadline.—Any licensee or permittee receiving a paired digital channel pursuant to this section—
“(A)
shall be required to construct the digital television broadcast facility within 18 months of the date on which the
Federal Communications Commission issues a
construction permit therefore, and
“(B)
shall be prohibited from obtaining or receiving an extension of time from the
Commission beyond the construction deadline established by paragraph (1).
“(2) Prohibition of analog operation using digital pair.—
Any
licensee or permittee receiving a paired digital channel pursuant to this section shall be prohibited from giving up its current paired analog assignment and becoming a single-channel broadcaster and operating in analog on such paired digital channel.
“(d) Relief Restricted.—
Any paired digital allotment and assignment made under this section shall not be available to any other applicant unless such applicant is an eligible
licensee or permittee within the meaning of subsection (b).”
Reports on Provision of Digital Data Service by Low-Power Television Stations
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 143(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238, provided that:
“The
Federal Communications Commission shall submit a report to the
Congress on
June 30, 2001, and
June 30, 2002, evaluating the utility of using low-power television
stations to provide high-speed
digital data service. The reports shall be based on the pilot projects authorized by section 336(h) of the
Communications Act of 1934 (
47 U.S.C. 336(h)).”
Congressional Findings Regarding Low-Power Broadcasters
Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–594, provided that:
“Congress finds the following:
“(1)
Since the creation of low-power television
licenses by the
Federal Communications Commission, a small number of
license holders have operated their
stations in a manner beneficial to the public good providing
broadcasting to their communities that would not otherwise be available.
“(2)
These low-power broadcasters have operated their
stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe
license limitations compared to their full-power counterparts.
“(3)
License limitations, particularly the temporary nature of the
license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality
broadcasting, programming, or improvements.
“(5)
It is in the public interest to promote diversity in television programming such as that currently provided by low-power television
stations to foreign-language communities.”
Executive Documents
Executive Order No. 13038
Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by Ex. Ord. No. 13062, § 5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord. No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr. 30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63 F.R. 52125, which established the Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters, was revoked by Ex. Ord. No. 13138, § 3(b), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
{'misc': '', 'cleanpath': '/uscode/text/47/336', 'headtext': ' Broadcast spectrum flexibility', 'cfr_titles': [{'title': '47', 'parts': [{'part': '2', 'cleanpath': '/cfr/text/47/part-2', 'headtext': 'FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS'}, {'part': '5', 'cleanpath': '/cfr/text/47/part-5', 'headtext': 'EXPERIMENTAL RADIO SERVICE'}, {'part': '15', 'cleanpath': '/cfr/text/47/part-15', 'headtext': 'RADIO FREQUENCY DEVICES'}, {'part': '27', 'cleanpath': '/cfr/text/47/part-27', 'headtext': 'MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES'}, {'part': '73', 'cleanpath': '/cfr/text/47/part-73', 'headtext': 'RADIO BROADCAST SERVICES'}, {'part': '74', 'cleanpath': '/cfr/text/47/part-74', 'headtext': 'EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES'}, {'part': '80', 'cleanpath': '/cfr/text/47/part-80', 'headtext': 'STATIONS IN THE MARITIME SERVICES'}, {'part': '97', 'cleanpath': '/cfr/text/47/part-97', 'headtext': 'AMATEUR RADIO SERVICE'}]}], 'section': '336'}