Sec. 73.624  Digital Television Broadcast Stations.

    (a) Digital television (``DTV'') broadcast stations are assigned 
channels 6 MHz wide. Initial eligibility for licenses for DTV broadcast 
stations is limited to persons that, as of April 3, 1997, are licensed 
to operate a full power television broadcast station or hold a permit to 
construct such a station (or both).
    (b) At any time that a DTV broadcast station permittee or licensee 
transmits a video program signal on its analog television channel, it 
must also transmit at least one over-the-air video program signal at no 
direct charge to viewers on the DTV channel that is licensed with the 
analog channel. The DTV program service provided pursuant to this 
paragraph must be at least comparable in resolution to the analog 
television station programming transmitted to viewers on the analog 
channel but, subject to paragraph (f) of this section, DTV broadcast 
stations are not required to simulcast the analog programming.
    (c) Provided that DTV broadcast stations comply with paragraph (b) 
of this section, DTV broadcast stations are permitted to offer 
telecommunications services of any nature, consistent with the public 
interest, convenience, and necessity, on an ancillary or supplementary 
basis. The kinds of services that may be provided include, but are not 
limited to computer software distribution, data transmissions, teletext, 
interactive materials, aural messages, paging services, audio signals, 
subscription video, and any other services that do not derogate DTV 
broadcast stations' obligations under paragraph (b) of this section. 
Such services may be provided on a broadcast, point-to-point or point-
to-multipoint basis, provided, however, that no video broadcast signal 
provided at no direct charge to viewers shall be considered ancillary or 
supplementary.
    (1) DTV licensees that provide ancillary or supplementary services 
that are analogous to other telecommunications services subject to 
regulation by the Commission must comply with the Commission regulations 
that apply to those services, provided, however, that no ancillary or 
supplementary service shall have any rights to carriage under sections 
614 or 615 of the Communications Act of 1934, as amended, or be deemed a 
multichannel video programming distributor for purposes of section 628 
of the Communications Act of 1934, as amended.
    (2) In all arrangements entered into with outside parties affecting 
telecommunications service operation, the DTV licensee or permittee must 
retain control over all material transmitted in a broadcast mode via the 
station's facilities, with the right to reject any material that it 
deems inappropriate or

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undesirable. The license or permittee is also responsible for all 
aspects of technical operation involving such telecommunications 
services.
    (3) In any application for renewal of a broadcast license for a 
television station that provides ancillary or supplementary services, a 
licensee shall establish that all of its program services on the analog 
and the DTV spectrum are in the public interest. Any violation of the 
Commission's rules applicable to ancillary or supplementary services 
will reflect on the licensee's qualifications for renewal of its 
license.
    (d) Digital television broadcast facilities that comply with the FCC 
DTV Standard (section 73.682(d)), shall be constructed in the following 
markets by the following dates:
    (1)(i) May 1, 1999: all network-affiliated television stations in 
the top ten television markets;
    (ii) November 1, 1999: all network-affiliated television stations 
not included in category (1)(i) and in the top 30 television markets;
    (iii) May 1, 2002: all remaining commercial television stations;
    (iv) May 1, 2003: all noncommercial television stations.
    (2) For the purposes of paragraph (d)(1):
    (i) The term, ``network,'' is defined to include the ABC, CBS, NBC, 
and Fox television networks;
    (ii) The term, ``television market,'' is defined as the Designated 
Market Area or DMA as defined by Nielsen Media Research as of April 3, 
1997; and
    (iii) The terms, ``network-affiliated'' or ``network-affiliate,'' 
are defined to include those television stations affiliated with at 
least one of the four networks designated in paragraph (d)(2)(i) as of 
April 3, 1997. In those DMAs in which a network has more than one 
network affiliate, paragraphs (d)(1) (i) and (ii) of this section shall 
apply to its network affiliate with the largest audience share for the 9 
a.m. to midnight time period as measured by Nielsen Media Research in 
its Nielsen Station Index, Viewers in Profile, as of February, 1997.
    (3) Authority delegated. (i) Authority is delegated to the Chief, 
Mass Media Bureau to grant an extension of time of up to six months 
beyond the relevant construction deadline specified in paragraph (d)(1) 
of this section upon demonstration by the DTV licensee or permittee that 
failure to meet that construction deadline is due to circumstances that 
are either unforeseeable or beyond the licensee's control where the 
licensee has taken all reasonable steps to resolve the problem 
expeditiously.
    (ii) Such circumstances shall include, but shall not be limited to: 
(a) inability to construct and place in operation a facility necessary 
for transmitting digital television, such as a tower, because of delays 
in obtaining zoning or FAA approvals, or similar constraints; or (b) the 
lack of equipment necessary to obtain a digital television signal.
    (iii) The Bureau may grant no more than two extension requests upon 
delegated authority. Subsequent extension requests shall be referred to 
the Commission. The Bureau may not on delegated authority deny an 
extension request but must refer recommended denials to the Commission.
    (iv) Applications for extension of time shall be filed at least 30 
days prior to the relevant construction deadline, absent a showing of 
sufficient reasons for filing within less than 30 days of the relevant 
construction deadline.
    (e) The application for construction permit must be filed on Form 
301 (except for noncommercial stations, which must file on Form 340) on 
or before the date on which half of the construction period has elapsed. 
Thus, for example, for applicants in category (d)(1)(i), the application 
for construction period must be filed by May 1, 1998.
    (f)(i) Commencing on April 1, 2003, DTV television licensees and 
permittees must simulcast 50 percent of the video programming of the 
analog channel on the DTV channel.
    (ii) Commencing on April 1, 2004, DTV licensees and permittees must 
simulcast 75% of the video programming of the analog channel on the DTV 
channel.
    (iii) Commencing on April 1, 2005, DTV licensees and permittees must 
simulcast 100% of the video programming of the analog channel on the DTV 
channel.
    (iv) The simulcasting requirements imposed in paragraphs (f) (i)-
(iii) of

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this section will terminate when the analog channel terminates operation 
and a 6 MHz channel is returned by the DTV licensee or permittee to the 
Commission.

[ 62 FR 26989 , May 16, 1997]