LPTV Low power Television

FEDERAL COMMUNICATIONS COMMISSION FACT SHEET November 2001
LOW POWER TELEVISION (LPTV)
The Low Power Television Service (LPTV) was established by the Federal Communications Commission (FCC) in 1982 to provide opportunities for television service for locally-created and community-oriented programming in both rural locations and individual communities within larger urban areas.

LPTV service presents a less expensive and flexible means of delivering programming tailored to the interests and self-expression of viewers. LPTV has created opportunities for entry into television broadcasting and it has permitted fuller use of the broadcast spectrum. The FCC imposed few regulatory barriers to obtaining and operating LPTV stations. LPTV station operators are free to buy or create program material, subject only to copyright protection and other statutory requirements.

The main LPTV regulations are the limits on effective radiated power (3 kilowatts for VHF channels and 150 kilowatts for UHF channels) and the interference protection standards. LPTV stations MUST NOT cause interference to the reception of existing or future full-service television stations and must accept interference generated by such full-service stations.

There are more than 2,000 licensed and operational LPTV stations, 250 of which are part of a state-wide network in Alaska. In the lower 48 states, approximately 1,500 stations are operated by 700 licensees in nearly 750 towns and cities, ranging in population size from a few hundred to communities of hundreds of thousands. About two-thirds of the stations serve rural communities. An additional 5,000 “TV translator stations” rebroadcast the signals of the full-service stations, mostly in the western mountainous states.

LPTV stations are operated by diverse groups, high school and colleges, churches and religious groups, local governments, large and small businesses and individual citizens. More than 20 percent of the stations are licensed to minority groups or individuals. LPTV stations also include those that primarily provide a translator rebroadcast function, but also desire the flexibility to originate programming. LPTV modes of operation and programming vary widely. These generally include satellite-delivered programming services, syndicated programs, movies and a wide range of locally-produced programs. Stations sometimes tailor program segments or entire schedules to specific viewer groups: for example, on the basis of age, language or particular interest. On the technical side, LPTV stations transmit on one of the standard VHF or UHF television channels. The distance at which a station can be viewed depends on a variety of factors; antenna height, transmitter power, transmitting antenna and the nature of the signal environment (rural or urban, hilly or flat terrain). Viewers with outdoor receiving antennas have received some stations at distances of more than 20 miles. Most LPTV stations use one or more satellite receiving antennas (“dishes”) and operators may either own or lease studio facilities.

This Fact Sheet is designed to answer the most frequently asked questions about LPTV, and to provide information about other resources that are available. If you need more information you can contact the Video Services Division at 202-418-1600. More information can also be obtained through FCC Web Site; www.fcc.gov

Q. WHEN CAN I APPLY FOR A LPTV STATION?

A. New applications for LPTV and TV translator stations are only accepted during a designated auction filing windows. These window periods are announced at least 30 days before the opening of the window. The announcement will have the details as to how to file. The most recent filing window was from July 1, 2000 through August 31, 2000. More than 4500 applications were filed during this filing period. We process applications received during a filing window before opening the next one. Interested applicants should check the web site periodically for window announcements.

Q. WHAT FORM DO I USE?

A. Application must be made on the latest version of FCC Form 346, and you must submit an original and two copies, or it can be filed electronically. Also FCC Form 175 which is the auction form should be filed electronically. Form 346 can be downloaded from the web site.

Q. What’s the filing fee?

A. The filing fee currently is 570 dollars, which will be adjusted yearly.

Q. Does the auction procedures apply to LPTV applications?

A. Yes. If your application is mutually exclusive with other applications that are filed during the same window, then a winner will be chosen by conducting an auction.

Q. I HAVE HEARD THAT LPTV STATIONS HAVE SECONDARY SPECTRUM PRIORITY TO FULL-SERVICE STATIONS. WHAT DOES THIS MEAN?

A. It means that LPTV stations:

(1) May not cause interference to the off-air reception of existing full-service TV, Class A TV stations and DTV stations (LPTV stations must correct any interference caused),

(2) Must accept interference from full-service stations,

(3) Must yield to increase in facilities of existing full-service stations and

(4) Must yield to new full-service stations, where interference occurs.

Q. DO SIMILAR RULES APPLY WHEN CABLE/LPTV INTERFERENCE IS INVOLVED?

A. Between cable systems and LPTV or TV translator stations, a “first in time, first in right” policy applies when there is interference at the cable headend, the output channel of a cable system using a converter. In other instances of cable/low power interference, the cable operator is responsible for correcting the interference.

Q. WHAT ABOUT LAND MOBILE/LPTV INTERFERENCE?

A. LPTV stations are being authorized on a secondary basis to land mobile stations starting on UHF channels 14 through 20 with broadcast uses. LPTV stations must correct whatever interference they cause to these land mobile stations or cease operation.

Q. WHAT IS CHANNEL “DISPLACEMENT RELIEF?”

A. The Commission adopted a procedure known as “displacement relief,” to help LPTV and TV translator stations facing electromagnetic interference conflicts. This procedure allows an affected station licensee or permittee to file an application to modify its license or permit to a different channel in order to avoid interference with full-service TV stations, primary land mobile radio operations, and other protected video services. Displacement relief applications are considered a special type of “minor” change application that can be filed whenever necessary. Applicants for this relief submit Form 346 to the FCC at its Washington, D.C. location. A filing fee is not required. These proposals must not be predicted to cause interference to authorized facilities or those proposed in already pending LPTV and TV translator applications however, the displacement applications have priorities over pending new and major change applications. Once found acceptable, displacement applications are granted without competition for use of the channel requested. The displacement relief was also extended to the existing stations that are operating on channels 52 through 69 and those stations that will cause interference to existing and future DTV stations. You can obtain more information by visiting the following link: http://www.fcc.gov/oet/faqs/dtv-tvtx.html.

Q. ON WHAT CHANNEL COULD I OPERATE A LPTV STATION?

A. Low power TV stations may operate on any available VHF (channels 2-13) or UHF (channels 14-69), provided that they do not cause objectionable interference to full-service stations, earlier-authorized TV translators or existing low power stations or to land mobile stations that share frequencies with broadcast uses. Low power channels are to be allocated on a demand basis. There is no table of allotments and no channels are reserved solely for noncommercial use. Applicants select a channel and provide engineering information as required on the application.

Q. WHAT POWER AND ANTENNA HEIGHT LIMITS ARE AUTHORIZED?

A. Low power TV stations and TV translators are limited to effective radiated power of 3 kilowatts (VHF) and 150 kilowatts (UHF). There are no limits on transmitter output power. There is no limit on antenna height as long as the tower structure has been registered with the Commission.

Q. HOW MUCH TIME DO I HAVE TO CONSTRUCT MY LPTV STATION ONCE MY CONSTRUCTION PERMIT (CP) IS GRANTED?

A. Construction must be completed and the permittee must apply for a station license (FCC Form 347) within thirty-six (36) months of issuance of the authorization, or the CP must be turned back to the FCC.

Q. WHAT HAPPENS IF I WANT TO SELL MY LPTV CONSTRUCTION PERMIT OR MY LICENSED STATION?

A. A LPTV construction permit or licensed station may be sold by obtaining prior Commission’s approval. Buyer gets remaining time left on construction permit. If the construction permit has been obtained through the auction procedure and the winning bidder has received a bidding credit and subsequently seeks to assign or transfer control its license or construction permit to an entity not qualifying for the same level of bidding credit. The winning bidder must reimburse the U.S. Government for the amount of the bidding credit plus interest, as set forth in the rule. An assignment or transfer in the first two years after issuance of the construction permit will result in a forfeiture of 100% of the value of the bidding credit; during year three, of 75% of the value of the bidding credit; in year four, of 50% of the value of the bidding credit; in year five, 25% of the value of the bidding credit; and thereafter, no payment.

Q. DO I HAVE TO ORIGINATE PROGRAMMING ON MY LPTV STATION? IF SO, TO WHAT EXTENT?

A. While LPTV stations are permitted to originate programming to an unlimited extent, there is no requirement for them to do so. Program origination includes any transmission other than simultaneous rebroadcast from a full-service television station.

Q. MUST A LPTV STATION MAINTAIN A PUBLIC INSPECTION FILE?

A. No. However, licensees must maintain station records for inspection by FCC personnel. These should include station authorization and official correspondence with the FCC, contracts, rebroadcast permission and required entries concerning improper functioning of tower lighting.

Q. WHAT ARE THE LPTV RULES RELATING TO PROGRAMMING AND PROGRAM CONTENT?

A. LPTV stations are subject to a minimum of program-related regulations:

(1) There is no community ascertainment requirement.

(2) There are no prescribed amounts of non-entertainment programming or local programming.

(3) There are no limits on commercialization.

(4) There are no minimum hours of operation required.

But the statutory prohibition on the broadcast of obscene material, lotteries, plugola and payola and the obligation to run licensee-conducted contests fairly, do apply to the LPTV service. Rules mandating access for political candidates and victims of personal attacks apply on a sliding scale, to the extent that the LPTV stations’ origination capability permits. The copyright and rebroadcast consent laws apply to LPTV stations. This means that consent from the copyright holder or full-service TV station, as applicable, must be obtained for program rebroadcast and commercial substitution.

Q. MAY MY LPTV STATION CONDUCTS ITS OWN STV OPERATION?

A. LPTV stations may provide subscription television (pay) programming. There are no minimum hours of free programming required.

Q. MUST A CABLE TV SYSTEM CARRY THE SIGNAL OF MY LPTV STATION?

A. Under certain conditions a cable TV system is required to carry the signal of a LPTV station. Further information to what qualifies a LPTV station to be carried can be obtained in the Report and Order adopted March 11, 1993 and released March 29, 1993, Paragraph 62, under the title of Low Power Television.

Q. MAY I OWN MORE THAN ONE LPTV STATION?

A. The LPTV rules do not impose any limit on the number of low power stations that may be owned by any one entity.

Q, WHAT IF I ALREADY OWN A RADIO STATION, TV STATION, CABLE TV SYSTEM, OR NEWSPAPER?

A. Current broadcast licensees, cable operators and newspapers may own LPTV stations.

Q. ARE THE MAJOR COMMERCIAL NETWORKS ALLOWED TO OWN LPTV STATIONS?

A. The national commercial networks may own LPTV stations.

Q. DOES THE FCC’S MULTIPLE OWNERSHIP RULES APPLY TO THE LPTV SERVICE?

A. The local television multiple ownership, radio-television cross ownership, daily newspaper cross-ownership and national television multiple ownership rules are not applicable to the LPTV service.

http://www.fcc.gov/mb/video/lptv.html

TV Translators and the DTV Transition
April 12, 1999

The Commission has received a number of inquiries from licensees and other parties representing the interests of TV Translator stations regarding the impact of the Commission’s digital television (DTV) transition policies on TV translator stations. This paper provides information on a number of important questions to assist TV translator licensees others in understanding how the DTV transition will affect TV translators and how to plan for and the continued operation these stations in the rapidly advancing digital age.

Question: What is the FCC’s policy with regard to TV translators and Low Power TV (LPTV) stations in the DTV transition?

In the Sixth Report and Order in the DTV proceeding, the Commission adopted a Table of Allotments for DTV service that provided a second channel for each existing full service to use for DTV service in making the transition from the existing analog (NTSC) TV technology to the new DTV technology. These second channels were provided to broadcasters on a temporary basis — at the end of the DTV transition, which is currently scheduled for December 31, 2006, they must relinquish one of their two channels. In developing the DTV channels, the Commission maintained the secondary status of TV translators and LPTV stations. In order to provide all full service TV stations with a second channel, the Commission found it necessary to establish DTV allotments that will displace a number of low power stations, particularly in the larger urban market areas where the available spectrum is most congested.

The Commission also provided for recovery of a portion of the existing TV spectrum so that it can be reallocated to new uses. Specifically, the Commission provided for immediate recovery of channels 60-69 stations and for recovery of channels 52-59 at the end of the DTV transition. As required by Congress under the Balanced Budget Act of 1997, the Commission has completed the reallocation of channels 60-69. Existing analog stations, including TV translators and LPTV stations, and a few DTV stations will be allowed to operate on these channels during the DTV transition. At the end of the transition, all of analog broadcast TV stations will have to cease operation and the DTV stations on channels 52-69 will be relocated to new channels in the DTV core spectrum.

Question: How many TV translator and LPTV stations will be displaced?

Because TV translators are located primarily in rural and other similarly less congested areas, we expect that only a relatively low number, approximately 10 to 20 percent, of these stations will be affected by DTV stations. On the other hand, LPTV stations, which tend to be located in larger markets and more congested areas, will be affected to a greater extent. We estimate that about 35 to 45 percent of the LPTV stations will have to either change their operation or cease operation to protect DTV service.

Question: What steps has the FCC taken to reduce the impact on TV translators and LPTV stations?

The Commission understands the effect of its DTV decisions on low power television service and the unfortunate impact that these decisions will have for some of TV translator and LPTV stations. In this regard, it has sought to minimize this impact through a number of administrative and technical measures. First, the Commission has stated that low power stations will be permitted to operate until a displacing DTV station or a new primary service provider is operational. Low power stations will not have to take any actions to protect a DTV station until such time at the DTV station actually begins operation. The Commission will also allow low power stations displaced or affected by DTV stations to seek replacement channels in the same area without being subject to competing applications (displacement relief). Applications for replacement channels will be considered on a first-come, first-served basis, without waiting for the Commission to open a low power application window. Such applications may be submitted at any time during the transition process. The Commission afforded applications for displacement relief priority over applications for new low power stations and requests for modification of existing low power stations, including any such applications and requests that may be pending at the time the displacement relief application is filed.

In the technical area, the Commission relaxed the technical criteria for determining when low power stations cause interference. First, the Commission deleted the UHF taboo restrictions on the use of channels 7 channels below and 14 channels above the channels of other UHF stations in the low-power TV service. It also eliminated the requirement that low power stations consider the existing full service UHF taboo restrictions on channels +/- 2, 3, 4, or 5 removed from existing analog TV stations. In addition, the Commission allowed low power stations affected by DTV implementation to make use of terrain shielding, Longley-Rice terrain dependent propagation prediction methods, and appropriate interference abatement techniques to show that their stations will not cause interference to other stations. The Commission further stated that it will entertain requests to waive the low power TV protection standards where it can be demonstrated that proposed TV translator or LPTV stations would not cause any new interference to the reception of TV broadcast analog stations. The Commission also indicated that it will consider waiving the low power TV interference protection standards where the applicant obtains the written consent of the potentially affected NTSC or TV licensee or permittee to the grant of the waiver.

Question: How will TV translators and LPTV stations make the transition to DTV service?

The Commission has not yet adopted general rules for DTV operation by TV translators and LPTV stations. It has, however, indicated that it will consider requests by low power stations to operate DTV service on replacement channels on a case-by-case basis under its displacement relief policy prior to its adoption of such rules. We anticipate that in many cases TV translators will make the transition to DTV by simply changing from analog to DTV operation on their existing channels at some point in time. In other cases, new translators will be added to provide DTV service on new channels. The Commission has indicated that it will initiate a rule making proceeding to address issues relating to the general authorization of DTV service by low power stations in the near future.

Question: What will happen to TV translators and LPTV stations operating on channels 60-69?

TV translators and LPTV stations operating on channels 60-69 will be secondary to existing analog stations, DTV stations, and stations of any other primary services operating on those channels. Low power stations will be allowed to continue broadcasting on these channels up to the end of the DTV transition as long as they do not cause harmful interference to primary services. In this regard, we anticipate that TV translators and LPTV stations operating in rural areas will generally be able to continue broadcasting throughout the transition because demand for spectrum by new services, both public safety and commercial applications, is likely to be less in rural areas than in urban areas. In both rural and urban areas, some low power stations displaced by primary stations will be able to find replacement channels below channel 60 during the DTV transition, and many more replacement channels will be available in the core DTV spectrum at the end of that period, when analog stations stop transmitting. The Commission has indicated that it will consider whether there are any other steps that may be beneficial to TV translator and LPTV operations as it develops services for the commercial spectrum, i.e., channels 60-62 and 65-67.

Where to find additional information: Additional information on the above subjects is available on the FCC Internet Site, at www.fcc.gov, in the following documents: the Sixth Report and Order in MM Docket No. 87-268, FCC 97-115 (released April 21, 1997), the Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order and the Sixth Report and Order in MM Docket No. 87-268, FCC 98-24 (released February 23, 1998), Additional Application Processing Guidelines for Digital Television (DTV), Public Notice released August 11, 1998, and the Report and Order in ET Docket No. 97-157, FCC 97-421 (released January 6, 1998). Information on how the DTV transition will affect TV translators is also available from the National Translator Association, Byron St. Clair, President, telephone: (303) 465-5742; and website: www.tvfmtranslators.com.

Channels 52–59 and 60–69

Larson also commented on the recently completed auction of channels 52-59, an effort which netted the federal treasury just $88.6 million and which failed miserably in one of its primary goals—to get broadband services to rural areas. Of the 700-plus rural channels, 251 generated no bids at all.

There is a new rule for LPTV stations still broadcasting on channels 52–59. Stations on these channels can get displacement relief only if they cause actual interference to another full power station.

The new rule corrects a loophole in the rules for the August 2000 window: broadcasters were filing for as many channels as they could get, whether or not their new channel would be displaced. The idea was that once they had a displaceable channel for a new station, they could use the Commission’s displacement relief policy—which allows a displaced station to file an application for a new channel without waiting for a window—to move to a suitable core channel.

Further, the FCC has ruled that it can preclude any window filings for LPTV stations in the channel
52–59 range.

LPTV LINKS

Local link to FCC rules LPTV

LPTV LINKS

Local link to FCC rules LPTV

The LPTV Store The One-Stop Spot for Low Power Television
http://www.thelptvstore.com/
Partial Listing of Available LPTV Stations Partial Listing of Available LPTV Construction Permits

Stations for sale, http://www.haddenonline.com AM, FM, TV
http://www.radiobroker.com/

Low cost equipment http://www.rlmediasystems.com/index.htm

EAS= http://www.osp.state.or.us/oem/library/Legal%20Reference/47cfrpart11.htm
Equipment.
Transmitters
http://www.larcan.com/AUMXSeries.cfm
http://www.fmamtv.com/LPtv.htm