PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500 445 12th STREET, S.W. Fax-On-Demand: (202) 418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov ******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 00-536 March 9, 2000 Window Filing Opportunity For Certain Pending Applications and Allotment Petitions For New Analog TV Stations Extended to July 15, 2000 On November 22, 1999, the Mass Media Bureau released a Public Notice, DA 99-2605, announcing a window filing opportunity to allow persons with certain pending requests for new analog (NTSC) television stations to modify their requests, if possible, to eliminate technical conflicts with digital television (DTV) stations and to move from channels 60 through 69. The window is scheduled to close on March 17, 2000. On February 28, 2000, the law firm of Fletcher, Heald & Hildreth, P.L.C. (Fletcher) submitted a "Request for Extension of Window Filing Period" asking that the March 17, 2000, deadline set forth in the November 22nd Public Notice be extended 90 days. The Association of Federal Communications Consulting Engineers (AFCCE) filed comments in support of Fletcher's request and suggesting that the deadline be extended "a minimum of 120 days." Both AFCCE and Fletcher note the enactment by Congress of the Community Broadcasters Protection Act of 1999 (CBPA) which was signed into law on November 29, 1999, establishing a new Class A television service. In response to enactment of the CBPA, the Commission terminated its earlier rulemaking proceeding proposing to establish a Class A television service and adopted an Order and Notice of Proposed Rulemaking proposing new rules to govern the Class A television service. In the NPRM, the Commission tentatively concluded that new Class A television stations will not have to protect pending NTSC television applications and allotment proposals. In addition, Fletcher notes that entities seeking Class A status will not have to submit their applications until April 27, 2000. Therefore, Fletcher argues, persons seeking to make corrections to their pending NTSC applications or rulemaking proposals by the March 17, 2000 deadline will not have a meaningful opportunity to do so if the Class A rulemaking has not been completed and they do not know whether they will have to protect Class A stations. More importantly, Fletcher argues, if Class A filings are not due until April 27, 2000, persons filing by the March 17, 2000 deadline will not know which Class A stations they will have to protect. Finally, AFCCE notes that the CBPA set forth a May 1, 2000 deadline for the filing of digital television (DTV) maximization applications. NTSC proposals, including those application amendments and rulemaking proposals filed by the March 17, 2000 deadline, may not create any new interference to DTV stations. Therefore, AFCCE maintains, it is likely that DTV maximization filings will create additional DTV conflicts for those entities seeking to file by the March 17, 2000 deadline. AFCCE requests that the March 17, 2000 deadline be extended to July 15, 2000, to allow additional time for both the Class A and DTV maximization filings to be considered. We find that AFCCE and Fletcher have demonstrated that extension of the March 17, 2000 deadline is warranted and we grant their extension request. We agree with AFCCE that an extension of 120 days is appropriate and, therefore, the filing window set forth in the November 22nd Public Notice is hereby extended to July 15, 2000. We reiterate that this filing window is available for (1) amendments (other than channel changes) to pending applications for new full-service NTSC television stations on channel 2-59, (2) petitions for rule making seeking a new channel below channel 60 for those applicants with pending applications for new full-service NTSC television stations on channels 60-69, (3) petitions for rule making seeking a new channel below channel 60 for those applicants with pending applications for new full-service NTSC television stations on channels 2-59 at locations inside of the "TV Freeze Areas" and (4) amendments to pending rule making petitions to amend the TV Table of Allotments to add NTSC television allotments. For further information, contact Shaun Maher of the Video Services Division at 202-418-2324.