*Pages 1--2 from  Microsoft Word - 18889.doc*
 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  02-  1440 
 Released:  June  18,  2002 


 Freeze  on  the  Filing  of  TV  and  DTV  “Maximization”  Applications  in  Channels  52-  59 


 The  Media  Bureau  announces  an  immediate  freeze  on  the  filing  of  “maximization”  applications,  as  defined  below,  by  analog  and  digital  television  broadcast  stations  in  the  698-  746  MHz  spectrum  band, 
 currently  comprising  television  channels  52-  59.  This  freeze  will  assist  participants  in  Auction  No.  44,  consisting  of  spectrum  licenses  in  the  698-  746  MHz  band  (Lower  700  MHz  band)  and  scheduled  to 
 commence  June  19,  2002,  to  determine  the  areas  potentially  available  in  the  band  for  the  provision  of  service  by  auction  winners  before  the  channels  are  cleared  of  broadcast  stations  at  the  end  of  the  DTV 
 transition. 


 Beginning  immediately,  and  until  further  notice,  the  Commission  will  not  accept  for  filing  television  modification  applications  that  would  increase  a  station’s  analog  or  DTV  service  area  in  channels  52-  59  in 
 one  or  more  directions  beyond  the  combined  area  resulting  from  the  station’s  parameters  as  defined  in  the  following:  (1)  the  DTV  Table  of  Allotments;  (2)  Commission  authorizations  (license  and/  or  construction 
 permit);  and  (3)  applications  on  file  with  the  Commission  prior  to  release  of  this  Public  Notice.  We  will  continue  to  process  applications  on  file  as  of  the  date  this  Public  Notice  is  released.  The  Bureau  may 
 consider,  on  a  case  by  case  basis  and  consistent  with  the  public  interest,  amendments  to  those  applications  to,  for  example,  resolve  interference  with  other  stations  or  pending  applications  or  resolve  mutual 
 exclusivity  with  other  pending  applications. 


 The  Bureau  will  consider,  on  a  case-  by-  case  basis,  requests  for  waiver  of  this  freeze  where  the  modification  application:  (1)  would  permit  co-  location  of  transmitter  sites  in  a  market  in  circumstances 
 consistent  with  the  Commission’s  policy  of  encouraging  co-  location  to  reduce  the  cost  of  construction,  particularly  of  DTV  facilities,  or  to  achieve  more  efficient  spectrum  use;  or  (2)  is  necessary  or  otherwise 
 in  the  public  interest  for  technical  or  other  reasons  to  maintain  quality  service  to  the  public,  such  as  where  zoning  restrictions  preclude  tower  construction  at  a  particular  site  or  where  unforeseen  events,  such  as 
 extreme  weather  events  or  other  extraordinary  circumstances,  require  relocation  to  a  new  tower  site.  In  particular,  we  would  be  inclined  to  grant  waivers  of  the  freeze  for  broadcast  stations  that  seek  new  tower 
 sites  due  to  the  events  of  September  11,  2001. 


 As  with  any  request  for  waiver  of  our  rules,  a  request  for  waiver  of  the  freeze  imposed  in  this  Notice  will  be  granted  only  upon  a  showing  of  good  cause  and  where  grant  of  the  waiver  will  serve  the  public 
 interest. 


 For  additional  information,  contact  Kim  Matthews  of  the  Policy  Division,  Media  Bureau,  at  (202)  418-  2120. 
1
 --  FCC-- 
2