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Digital Television ("DTV") is a new broadcast technology that will transform television as we now know it. While it will be up to individual broadcasters to determine which services they will make available with DTV, the technology of DTV will allow them to offer free television with movie-quality picture and CD- quality sound and a variety of other enhancements. DTV also will make possible the rapid delivery of large amounts of information services over your television set and will free up valuable broadcast spectrum so that it will be available for other information and communications services.

DTV will present broadcasters with many new options for offering service to the public. Which services are offered will depend upon the broadcasters. With digital television, broadcasters will have the technology available to transmit a variety of data as well as presenting television programs in new ways. This means that broadcasters will be able to offer you an entire edition of a newspaper, or sports information, or computer software, or telephone directories, or stock market updates if they choose to do so. Not only will broadcasters be able to broadcast at least one high definition TV program, they may also, if they choose to, simultaneously transmit several standard definition TV programs. Another possibility is broadcasts in multiple languages with picture and information inserts and in some cases viewers will have the opportunity to select camera angles.

An important additional benefit of DTV is that it will free up parts of the broadcast spectrum for public safety as well as other valuable business uses. This is possible because the modern technology of DTV is more efficient than analog TV technology (what you now have). DTV allows the same number of stations to broadcast using fewer total different channels (less of the broadcast spectrum) which will free up scarce and valuable spectrum. The result is the freeing up of scarce and valuable spectrum for other communications uses. Broadcast spectrum no longer needed by broadcasters will be returned to the government for a variety of uses, including specific allocations to meet the vital communications needs of public safety, police and fire departments.

Digital television will be available to you soon for several reasons. Last year, the U.S. Congress authorized the distribution of additional broadcast spectrum to each TV broadcaster so that they could introduce this new DTV service while simultaneously continuing with their current analog broadcasts. In order to ensure the successful introduction of DTV and to make it available to as many Americans as quickly as possible, the Federal Communications Commission established an accelerated schedule for its introduction. Because of this FCC rule, most Americans are scheduled to have access to DTV by 1999 and everyone in this country is scheduled to have DTV access by the year 2002.

At the same time, it will take a number of years to convert fully to DTV because today's television sets are not designed to receive digital transmissions. In order to provide a smooth transition to DTV service with as little disruption to the public as possible, and as provided in the Telecommunications Act of 1996, the FCC granted each existing broadcaster an additional 6MHz channel to be used for digital transmissions. Each broadcaster will also retain its existing channel to continue broadcasting its current analog technology signal during the transition period.

At the end of the transition period -- which is now scheduled for the year 2006 -- broadcasters will be required to surrender one of the two channels. The transition period is subject to periodic progress reviews by the FCC. In addition, last fall Congress included provisions in the Balanced Budget Act of 1997 that would extend analog service beyond the 2006 date if certain conditions exist. They include a variety of conditions such as: the failure of one or more of the largest TV stations in a market to begin broadcasting digital TV signals due to causes outside the broadcasters control, or if fewer than 85% of the TV households in a market are able to receive digital TV signals off the air either with a digital TV set or with an analog set equipped with a converter box or subscribe to a cable-type service that carries the DTV stations in the market.

During this transition period, consumers who wish to simply continue receiving only analog tv service will be able to do so. Consumers will be able indefinitely to get service out of their existing television sets, but will not be able to see the DTV broadcasts without a special converter. In order to receive DTV you will have the option of purchasing a converter which can be used with your existing television. You also will have the option of purchasing a digital TV, which will be expensive at first (just as color televisions were very expensive when they were first introduced), but which are expected to become more affordable when DTV is widely available.

The FCC has made clear that its goal in making DTV available to the public is to provide for the success of free, local digital broadcast TV. Broadcasters are allowed to use the channels according to their best business judgment -- as long as they continue to offer a free digital video programming service at least comparable in resolution to the service available today and aired during the same time periods. Broadcasters will be able to put together any package of digital products (including subscription services) which they think will be most productive and efficient. Some of the packages put together by broadcasters may include subscription ("pay") services too.

As far as timing is concerned, the FCC requires that in the top ten markets -- which represents 30 percent of TV households -- affiliates of the top four networks must be on the air with a digital signal by May 1, 1999. In markets 11 through 30 -- representing 53 percent of the country -- by November 1, 1999. Additionally a number of TV stations in the top ten markets have committed to building their digital facilities by November 1, 1998 (in time for the holiday 1998 shopping season).

In order to provide DTV service while continuing to broadcast their analog programs, many television broadcasters may have to modify their transmission towers or construct new towers. Before modifying or building towers, broadcasters may need to get approval from state, city or county governments regarding local zoning, physical engineering, construction, safety and other issues. In addition to zoning issues, your local government has the authority to make sure that any new construction is safe.

Last May, the FCC received a petition from the National Association of Broadcasters and the Association for Maximum Service Television (petitioners) arguing that local zoning regulations may make it impossible for many broadcasters to meet the schedule for the introduction of DTV. They expressed concern that the process of gaining approval from local authorities may take so long that the broadcasters won't be able to modify or construct their DTV towers in time to make DTV available on schedule. As a result, the petitioners asked the FCC to adopt a rule allowing preemption of local regulations and requiring a prompt local review process with federally established time limits.

Wanting input from the public on this petition, on August 19, 1997, the FCC issued a Notice of Proposed Rule Making (NPRM) on the matter. In issuing the NPRM, the FCC recognized the need to balance the important federal policy of expediting the implementation of DTV with the importance of being sensitive to the rights of states and localities to protect the interests of their citizens. The FCC made clear that the purpose of the NPRM was to solicit critically important public comment and not to infringe upon state and local rights.

Indeed, the FCC recognizes the importance of state and local authority to protect its citizens. The NPRM described the changes to FCC rules that the petitioner proposed and sought public comment to those changes. Specifically the FCC sought comment on the petitioners' proposal that it adopt a rule preempting local regulations where they interfere with the swift introduction of DTV. The NPRM also asked general questions about the impact of local regulations on the construction of broadcast towers and about the areas where local authority should be protected. Additionally, comments were sought on more specific issues such as whether the FCC should preempt local regulation intended for aesthetic purposes.

Comments were due on the NPRM on October 30, 1997. Reply comments were due December 1, 1997. Comments filed in this proceeding are available to the public in the FCC Reference Center in Room 239, 1919 M St., N.W., Washington, D.C. or by calling International Transcription Service (ITS) at (202)857-3800, a commercial service that researches, retrieves and duplicates FCC documents.

It is important to note that the FCC has not reached any conclusions or made any final decisions on this matter. The NPRM is the beginning of the rulemaking process. The FCC is currently reviewing all of the comments that were filed and making sure all parties are heard. The FCC can either adopt a proposed rule, or some modified version of it, or decide not to adopt the proposal at all.

The Commission is hopeful that the broadcast industry and local governments will be able to develop strategies to achieve workable solutions with DTV implementation. Representatives of the Local and State Government Advisory Committee (LSGAC) established by the FCC have been meeting with FCC staff and with the National Association of Broadcasters (NAB) to attempt to work together to resolve this situation.

ANSWERS TO FREQUENTLY ASKED QUESTIONS ABOUT DIGITAL TELEVISION AND DIGITAL TELEVISION FACILITIES

  1. What is digital television (DTV)?
  2. How will digital television be different than current broadcast television?
  3. Will I still be able to watch my favorite TV programs? Will there be more or different broadcast TV service available with DTV?
  4. How will digital television benefit the public?
  5. Why will more of the broadcast spectrum be available for public safety use? When will it be available?
  6. Will I need a new television to receive DTV?
  7. Are the new digital television sets very expensive?
  8. What will the new digital television sets look like?
  9. Will I be able to continue receiving regular television?
  10. Will I need a special new antenna in order to receive DTV over the air?
  11. Why can't there be DTV in addition to the television system we now have?
  12. How long will it take for the conversion to DTV? What is the schedule for conversion to DTV?
  13. What happens if digital television is not widely available by the end of the transition period?
  14. What must a TV station do to convert to DTV?
  15. Will there be a lot of new towers for DTV?
  16. Do DTV stations require very tall towers?
  17. Where will the new towers be located? Will my local government have a say in where the towers will be built? How soon will they be built?
  18. Are DTV Towers hazardous to airplane navigation? What has the FCC done to make sure airplanes and airports won't be affected by the new towers and modifications?
  19. How does the FCC or the FAA determine what lighting and painting is appropriate for a particular structure? Does the public have input into the process of determining whether a structure may constitute an aviation hazard or in determining how a tower should be lighted or painted?
  20. Do the FCC and the FAA have a height limit for towers?
  21. Will my local community leaders have any say in tower construction issues?
  22. What is the status of the FCC's rulemaking proceeding on the broadcast industry's request for federal limits on the time it takes for state and local authorities to rule on tower sitings?
  23. What has the FCC done to protect against the possibly harmful effects of radiofrequency (RF) emission from a television transmission?
  24. Will DTV stations cause interference with any other technologies?
  25. Who will own the new DTV stations?
  26. Where can local government officials or a DTV licensee find assistance in understanding some of the complex issues involved in tower construction and siting to facilitate the swift resolution of zoning/permitting proceedings?
  27. Where can I get more information about any of these questions and issues?

Antenna Tower Lighting and Marking Requirements

The following questions and answers were compiled by FCC staff to help inform consumers, broadcasters, and local communities and officials, about digital television and DTV implementation. They cover questions about the nature of digital television, how it affects the public, what kinds of changes in services and products it will provide, the schedule for the transition to digital television, the facilities necessitated by the transition to digital television, and the regulation and safety issues raised by new facilities necessary to provide DTV service.

l. What is digital television (DTV)?

Digital television (DTV) is a new type of broadcasting technology that will transform television as we now know it. Pursuant to Congressional authorization, the Commission has established rules for the transition to this new technology. By transmitting the information used to make a TV picture and sound as "data bits" (as does a computer), a digital broadcaster can carry more information than is currently possible with analog broadcast technology. This will allow for the transmission of pictures with higher resolution for dramatically better picture and sound quality than is currently available, or of several "standard definition" TV programs at once. ("Standard definition" digital TV pictures would be similar in clarity and detail to the best TV pictures being received and displayed today using the current (analog NTSC) broadcast system and TV receivers.) The DTV technology can also be used to transmit large amounts of other data that you may be able to access using your computer or your television set.

2. How will digital television be different than current broadcast television?

With digital television, broadcasters will be able to offer free television of higher resolution and better picture quality than now exists under the current mode of TV transmission. If broadcasters so choose, they can offer what has been called "high definition television" or HDTV, television with theater-quality pictures and CD-quality sound. Alternatively, a broadcaster can offer several different TV programs at the same time, with pictures and sound quality better than is generally available today. In addition, a broadcaster will be able to simultaneously transmit a variety of other information through a data bitstream to both enhance its TV programs and to provide entirely new services. For example, TV programs can be broadcast with a variety of languages and captions, and sports programs can be broadcast so that the individual viewer might select his or her favorite camera angle or call up player statistics, game scores or other information. Broadcasters also will be able to transmit to your television an entire edition of a newspaper, sports information, computer software, telephone directories, stock market updates, interactive educational material and any other information which can be translated into digital bits.

3. Will I still be able to watch my favorite TV programs? Will there be more or different broadcast TV service available with DTV?

Digital television is simply a new way of transmitting programming material. The programming carried depends upon the broadcaster. The programs themselves will not necessarily change, except to the extent that the pictures and sound will be better and a greater variety of effects and enhancements will be possible. Each broadcaster will also be able to offer several programs at the same time through its DTV channel capacity. There is a trade-off between using digital transmission capacity for improved pictures and sound and using it to transmit additional programs. Also, broadcasters will be able to devote some capacity to offering a variety of other information services. The determination of how much capacity to devote to improved pictures and how much to devote to additional programs or other services is up to each broadcaster and their response to viewer demands. In any event, digital broadcasters are required to carry, at a minimum, one video programming stream of visual quality that is equal to or better than that now available on their analog channel.

During the transition to DTV, during which time broadcasters will operate both analog (NTSC) and digital channels, broadcasters will decide which programs to put on which channel, and may decide to "simulcast" programs on both stations (that is, air the same program at the same time on both the digital and analog stations). (Federal rules, in fact, require a certain amount of simulcasting during the transition.) The government has provided for a transition period, until at least the year 2006, during which broadcasters will continue to operate their old analog stations.

4. How will digital television benefit the public?

The advent of DTV will benefit the public because of the improved quality, and possibly quantity, of free television service and the potential availability of much more information on your television set. In addition, one of the most important benefits of DTV is the fact that it will free up parts of the broadcast spectrum and allow its return to the government for other important uses. A part of this additional spectrum has already been designated for public safety, police and fire usage, and other options will be available for other business purposes.

5. Why will more of the broadcast spectrum be available for public safety use? When will it be available?

More of the broadcast spectrum will be available for public safety use by local communities because DTV allows the same number of stations to broadcast using fewer total different channels (less of the spectrum) which will free up scarce and valuable spectrum. Broadcast spectrum that is no longer needed by existing broadcasters will be returned to the government and used for public safety, police and fire departments as well as other uses (including, possibly, additional television channels). This spectrum holds the potential for federal, state and local law enforcement and other safety agencies to share state of the art communications networks to enhance both their individual and their collective effectiveness.

The transition to DTV-only service is currently scheduled for the end of 2006, subject to periodic review an depending on DTV availability. After the transition is complete, broadcasters will be required to return to the government a portion of the spectrum currently used for analog stations, and a portion of that spectrum has already been be allocated for public safety, police and fire usage at that time in the future. Once the Commission makes a final determination as to how to allocate these frequencies to individual users, municipalities, counties, states and qualifying safety agencies will need to go through a licensing process to authorize their use.

6. Will I need a new television to receive DTV?

Not necessarily. During the transition period established for the changeover -- until at least 2006 -- consumers who wish to rely on analog program service can continue to use their existing sets to receive that service, but they will not be able to see the DTV broadcasts without a special converter. Broadcasters will continue to operate their current stations until that time, and consumers will be able to get many more years of service during the useful lives of their existing television sets.

Consumers who wish to keep their existing sets and also want to receive the DTV programming will be able to purchase converters which will allow them to view digital programs on their current sets. The pictures should be clear of the "ghosts" and interference characteristic of analog transmission, although they will not be of the higher DTV picture quality. To receive the full benefits of digital television service, you will need a new digital television set.

7. Are the new digital television sets very expensive?

Just as color television sets were very expensive when they were first introduced, the new digital TVs will be quite expensive at first, with manufacturers concentrating initially on "high-end" models. The price is expected to drop over time, so that by the time DTV broadcasts are available everywhere across the country, digital television sets should be more affordable. In the meantime (and as a permanent alternative) you will have the option of purchasing a converter box which can be used to adapt your current television set for digital use, so that your current television will not be made obsolete. The price of converter boxes is expected to drop below $100 during the transition period to full-DTV service.

8. What will the new digital television sets look like?

New DTV sets will have wider screens than current TV sets, allowing the pictures to be viewed more like those experienced in a movie theater. The wider picture, especially in larger set sizes, is expected to enhance sports and drama viewing, making you feel more involved in the action, as well as rendering more realistic pictures. As with current TV sets, a range of sizes eventually will be available, although initially larger screensize DTV sets probably will be most common. Larger screen size takes greatest advantage of the higher "resolution" of DTV pictures and may better justify the initially high price of the first DTV receivers. The expectation is also that there will be a range of prices that will coincide with a range of picture quality, as with current TV sets.

9. Will I be able to continue receiving regular television?

Regular analog television service, what is broadcast today, will continue until the end of the transition period which currently is set to continue through the year 2006. In addition, a law passed by Congress last fall includes provisions which would extend the time period for continuation of analog service beyond the year 2006 if DTV service and DTV equipment are not as widespread by then as currently expected.

10. Will I need a special new antenna in order to receive DTV over the air?

In general, dependable reception of DTV will require the same type of signal reception equipment that currently works to provide good quality reception of analog TV signals. If you now need a roof-top antenna in order to receive television, the same antenna generally will be needed to receive DTV reception.

11. Why can't there be DTV in addition to the television system we now have?

Congress has determined that the broadcast television service must eventually convert completely to digital transmissions.

In fact, the modern technology of DTV is more efficient than analog TV technology, meaning that it will allow the same number of stations to broadcast more program material using less radio spectrum. This will free up scarce and valuable spectrum for other communications uses. DTV and analog channels, however, cannot operate on the same channel in the same location at the same time. It would be highly inefficient, expensive, and wasteful to allocate spectrum to operate two sets of TV stations permanently, so exclusive service in one method of transmission is necessary, and a determination has been made to provide the public with the superior service possible with DTV. Also, the recovery of spectrum for public safety and other uses depends upon the replacement of analog TV broadcasting with more efficient DTV broadcasts.

12. How long will it take for the conversion to DTV? What is the schedule for conversion to DTV?

The FCC established an accelerated schedule for the introduction of DTV. Pursuant to this schedule, most Americans will have some access to DTV by 1999 and everyone in this country will have DTV access by the year 2002. At the same time, analog service will also continue until 2006. After the end of this transition period, broadcasters will broadcast only DTV.

More specifically, affiliates of the top four networks (ABC, CBS, Fox, NBC) in the top ten markets must be on the air with a digital signal by May 1, 1999. In markets 11 through 30, the same network affiliates must be on the air by Nov. 1, 1999. All other commercial stations must be constructed by May 1, 2002. Several TV stations in the top ten markets voluntarily have committed to begin digital television service by Nov. 1, 1998.

13. What happens if digital television is not widely available by the end of the transition period?

The transition period to DTV is currently scheduled to end on December 31, 2006. This transition period is subject to periodic progress reviews by the FCC to make sure DTV service is widely available. In addition, the Balanced Budget Act of 1997, passed last fall by the Congress, includes provisions that would extend the continuation of analog service beyond the year 2006 deadline if DTV is implemented more slowly than expected. Specific conditions which would extend the transition period include the failure of one or more of the largest TV stations in a market to begin broadcasting digital TV signals through no fault of their own, or fewer than 85% of the TV households in a market are able to receive digital TV signals off the air either with a digital TV set or with an analog set equipped with a converter box or by subscription to a cable-type service that carries the DTV stations in the market.

14. What must a TV station do to convert to DTV?

The answers depends upon the individual circumstances of the TV station. All TV stations will need a new transmitter, antenna and production facilities. Some TV broadcasters will have to modify their antenna towers or construct new towers for their DTV antennas. Before modifying or building towers, broadcasters may need to get approval from state, city or county governments regarding local zoning, structural engineering, construction, safety, and other issues.

15. Will there be a lot of new towers for DTV?

Whether a broadcaster may use his own or another existing tower for DTV or build a new tower depends upon the circumstances of the local television station. The allocation plan for DTV channels (the plan that determines precisely where each DTV channel can be fit consistent with other analog and DTV channels) is based on a presumption of broadcasters using existing antenna sites. In some communities, broadcasters will be able to modify existing structures to accommodate an additional DTV antenna; in others, they may have to construct new towers. In many communities which will need new towers to accommodate DTV, the broadcasters are exploring the possibility of sharing towers, to reduce the amount of construction and the number of towers in the community.

Of the fifty stations that have submitted their applications to the FCC so far, all but a very few propose to use existing towers or other existing structures to mount their antennas. It is premature, however, to predict from this small sample what the overall needs will be. The first stations to build their DTV facilities may not be representative, as their decision to initiate DTV early may be due, in part, to the availability of existing towers for their antennas.

16. Do DTV stations require very tall towers?

Not necessarily; DTV height requirements are no different from those of analog TV. Locating any TV transmitting antenna on a high point -- whether on a mountain, a skyscraper or a tall tower -- will expand the area which can receive its signal. While it is not absolutely necessary for DTV stations to build towers any taller than existing analog antenna towers, taller towers will increase the number of homes that can receive digital signals, and possibly reduce the number of towers required for digital television.

17. Where will the new towers be located? Will my local government have a say in where the towers will be built? How soon will they be built?

The location of any new towers will be determined by the local broadcasters, depending on the service area they need to cover and the land that is available, subject to the FCC's approval of the construction permit application and local approval, zoning building and safety regulations. This will require broadcasters to work with their communities and local governmental authorities in order to quickly determine where the towers will be situated and to obtain the necessary approvals. In many cases, the construction of new towers will not be necessary; broadcasters may be able to put digital television antennas on the same towers as other existing communications facilities. In some cases, broadcasters may be able to mount small antenna structures on existing buildings.

In the top ten markets in the country, affiliates of the four networks must have their transmission facilities in place by May 1, 1999, and some stations have committed to building their facilities even earlier than this. In markets 11 through 30, they must have their facilities by Nov. 1, 1999. New DTV transmitting antennas must be installed and any new towers must be constructed before the stations can be on the air with their digital television signals.

18. Are DTV Towers hazardous to airplane navigation? What has the FCC done to make sure airplanes and airports won't be affected by the new towers and modifications?

The Commission works in concert with the FAA to promote air safety through the antenna structure registration process. The Commission requires that the safety of any tower over 200 feet above ground level or any tower within certain proximity to public use airports be reviewed by the FAA. Information required on the FCC construction permit form advises the FCC staff as to whether such a tower location or height is involved. Applicants for construction permits for any such towers are required by FCC rules to notify the FAA of the proposed construction before the construction or alteration is to begin or before an application for a construction permit is filed. The FAA determines whether it believes the antenna structure constitutes a potential hazard, and may recommend appropriate painting/lighting or other conditions for the structure. The Commission then uses the FAA's recommendation to impose specific requirements on subject licensees to ensure the safety of the tower with respect to air navigation.

If you would like more information on issues related to towers and aviation, you can call the Federal Aviation Administration's Public Inquiry Center at (202) 267-3484, or write to the Federal Aviation Administration at 800 Independence Avenue, S.W., Washington, D.C. 20591 or visit their website at: www.faa.gov. For additional information about the Commission’s antenna structure registration process, visit the antenna structure registration homepage at: www.fcc.gov/wtb/antenna.

19. How does the FCC or the FAA determine what lighting and painting is appropriate for a particular structure? Does the public have input into the process of determining whether a structure may constitute an aviation hazard or in determining how a tower should be lighted or painted?

Congress has authorized the FCC to require the painting and/or illumination of an antenna tower whenever it determines that such a tower otherwise constitutes a hazard to air navigation (47 USC § 303(q)). The FCC's rules governing antenna tower lighting and painting requirements (47 CFR §§ 17.21-17.58) are based on the FAA painting and lighting recommendations set forth in two FAA Advisory Circulars: "AC/7460-1J, "Obstruction Marking and Lighting," November 29, 1995, and AC 150/5345-43E, "Specification for Obstruction Lighting Equipment," October 19, 1995. These FAA Circulars set forth detailed specifications for lighting and painting various types and sizes of structures, including towers and the standards and specifications set forth in them are incorporated by reference into the FCC's rules. Thus, although the FAA lighting and painting standards are advisory in nature, the FCC's rules make such standards mandatory for antenna towers.

If the FAA standards allow more than one lighting or painting option for a particular structure, the person submitting notice of proposed construction to the FAA on FAA Form 7460-1 may indicate the type of marking and lighting system desired on the form and the FAA will consider these preferences in conducting its aeronautical study. If an antenna tower owner proposes to deviate from the FAA standard marking and lighting requirements, the FAA will examine the safety of the owner's proposal. In conducting a study of the safety of an antenna tower, the FAA may solicit comments from all interested persons or convene a public meeting of all interested persons for the purpose of gathering all facts relevant to the effect of the proposed construction on the safe and efficient utilization of the navigable airspace.

If you would like more information on issues related to towers and aviation, we have additional information at our Antenna Tower Lighting and Marking Requirements web page or you can call the Federal Aviation Administration's Public Inquiry Center at (202) 267-3484, or write to the Federal Aviation Administration at 800 Independence Avenue, S.W., Washington, D.C. 20591 or visit their website at: www.faa.gov.

20. Do the FCC and the FAA have a height limit for towers?

Although there is no absolute height limit for antenna towers, both agencies have established a rebuttable presumption against structures over 2,000 feet above ground level. The FCC has a policy that applications filed with the FCC for antenna towers higher than 2,000 feet above ground will be presumed to be inconsistent with the public interest and the applicant will have a burden of overcoming that strong presumption. The applicant must accompany its application with a detailed showing directed to meeting this burden. Only in the exceptional case, where the Commission concludes that a clear and compelling showing has been made that there are public interest reasons requiring a tower higher than 2,000 feet above ground, and after the parties have complied with applicable FAA procedures, and full Commission coordination with FAA on the question of menace to air navigation, will a grant be made (47 CFR § 1.61 Note).

The FAA presumption against construction of structures over a certain height is set forth in the FAA rules. A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the FAA rules proposing a structure in excess of 2,000 feet above ground must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued (14 CFR § 77.17(c)).

21. Will my local community leaders have any say in tower construction issues?

Yes, since your local community and state leaders control zoning and other permits, the broadcasters will often have to apply to local authorities before modifying existing towers or building new ones if they need to do so for the DTV antenna. Your local elected officials will have the opportunity to apply their zoning and safety standards to requests for modification of existing towers or new building requests. Your local elected officials will make sure that any new construction is safe.

In order to expedite the process, broadcasters need to provide as much advance information as possible to local authorities and in turn, the local officials should work with the broadcasters to make clear their concerns and needs in order to comply with particular local laws in an expeditious manner so as not to unduly delay the introduction of DTV service.

22. What is the status of the FCC's rulemaking proceeding on the broadcast industry's request for federal limits on the time it takes for state and local authorities to rule on tower sitings?

In May of 1997, the FCC received a petition from the National Association of Broadcasters and the Association for Maximum Service Television arguing that local zoning regulations may make it impossible for many broadcasters to meet the schedule for introduction of DTV. Expressing concern that the local approval process would take too long, these petitioners asked the FCC to adopt a rule allowing preemption of local regulations when those regulations or review process exceeded a particular length of time that would delay the introduction of DTV.

Seeking input from the public, the FCC issued a Notice of Proposed Rule Making (NPRM) on this matter in August 1997. The FCC recognized the need to balance the important federal policy of expediting the implementation of DTV with the importance of being "sensitive to the rights of states and localities" to protect the interests of their citizens. The FCC made clear that the purpose of the NPRM was to solicit critically important public comment and not to infringe upon state and local rights.

The FCC has not reached any conclusions or made any final decisions on this matter. All of the comments are being reviewed and considered and the FCC is ensuring that all the parties are heard. A tremendous volume of comments has been submitted by the public, local and state regulators, state and national legislators and the various industries affected. In the interim, television broadcasters and representatives of state and local governments are meeting to explore ways to cooperate and to have FCC personnel supply information and expertise to the local governments to facilitate the approval process.

Comments filed in this proceeding are available to the public in the FCC Reference Center in Room 239, 1919 M St., N.W., Washington, D.C. or by calling International Transcription Service (ITS) at (202)857-3800, a commercial service that researches, retrieves and duplicates FCC documents.

23. What has the FCC done to protect against the possibly harmful effects of radiofrequency (RF) emission from a television transmission?

In 1996, pursuant to the Telecommunications Act of 1996, the FCC revised its methods of evaluating the environmental effects of RF emissions on human health. These revised guidelines are the result of review by all of the federal agencies that are expert in the effects of radiofrequency radiation on human health, including FDA, EPA, OSHA and NIOSH. These guidelines apply to all FCC-regulated transmission facilities, including new digital broadcast television stations. In evaluating applications for DTV tower construction permits (as well as permits for other broadcast facilities), the FCC reviews the results of the applicants' technical analysis of how their facilities would meet the Commission's new requirements, designed to protect the public from exposure to harmful levels of RF energy. This analysis includes the cumulative effects of the new DTV facility in addition to all preexisting emitters.

As a practical matter, broadcast towers are usually, although not always, constructed far from heavily populated areas, so that people are not in danger of exposure to high levels of RF radiation. Many broadcast towers are in "antenna farms,"which are usually located away from populated areas. When an applicant applies for a construction permit or license renewal, the FCC requires the applicant to demonstrate how they would protect the public from any dangerous RF emissions. This would occur, if at all, in close proximity to the site, and protection usually involves putting up warning signs or fences or otherwise restricting access.

24. Will DTV stations cause interference with any other technologies?

Certain medical telemetry devices, such as cardiac monitors, are allowed to use TV broadcast channels that are unoccupied in their geographic area. As they transition to DTV, however, television stations are now beginning to use these formerly unoccupied TV channels. When this occurs, the digital signal may interfere with medical telemetry systems. The FCC and the Food and Drug Administration are taking steps to avert such cases of interference in the future before they happen.

Medical telemetry devices have long shared the TV broadcast spectrum on a secondary basis. This sharing can continue during the implementation of digital television. However, it is important to ensure that broadcasters, the health care community and manufacturers of medical devices have adequate information and take appropriate steps to avoid radio frequency interference.

The FCC and the FDA have taken several steps to address interference to medical telemetry devices. Specifically, the FCC is working with the National Association of Broadcasters to ensure that TV broadcasters communicate with area hospital and other health care facilities to avoid interference to medical telemetry devices as well as contacting manufacturers of the devices to ask they assist their customers in finding vacant channels. The FDA is sending a Public Health Advisory to all U.S. hospitals and nursing homes alerting them to the problem. The FDA will work with medical device manufacturers to ensure that the devices will be adequately labeled and to alert users to take steps to avoid interference.

To avoid future problems, the FCC and the FDA will work together to explore the long term spectrum needs of medical devices. The agencies also will work with equipment manufacturers and the health care community to consider various long term technology improvements. More information about how the FCC and FDA are addressing these interference issues is available on the FCC's website at www.fcc.gov. and at the FDA website at www.fda.gov.

25. Who will own the new DTV stations?

Initially, the DTV stations will be owned by the same broadcasters that currently own television stations in your communities. In the Telecommunications Act of 1996, Congress authorized the Commission to allocate a new digital station to each existing television licensees for each analog station it owns and operates. Pursuant to Congress' direction, during the transition to DTV, the new DTV stations will be owned and operated by the same broadcasters who had been operating analog stations on a one-for-one basis. Once the transition is complete, some DTV licenses may be available for new entities.

26. Where can local government officials or a DTV licensee find assistance in understanding some of the complex issues involved in tower construction and siting to facilitate the swift resolution of zoning/permitting proceedings?

The stations themselves can explain much of the technical information submitted in such a proceeding, and are typically willing to do so. In addition, the State and Local Advisory Committee (LSGAC) will be building expertise in these areas and will be disseminating information in a variety of ways, and will have members willing to share their experience. The FCC will be maintaining and updating this website in response to frequently asked questions, and actively distributing this information by other appropriate channels. Additionally, the FCC has staff with expertise in RF emissions, licensing and jurisdictional issues that can provide assistance. We recognize that these local zoning and permitting proceedings can be complex and sometimes contentious. The FCC's expert resources can be helpful in establishing the facts needed to bring the decisional process to closure. (Recently, our staff successfully assisted the local authorities in expediting local permitting for the DTV implementation at Mt. Sutro Tower in San Francisco.) The FCC staff can be contacted by e- mail at mbinfo@fcc.gov, or by calling (202) 418-2120 and asking for a member of the DTV Tower Group.

27. Where can I get more information about any of these questions and issues?

For more information about the transition to digital television, you can e-mail questions to the Media Bureau of the Federal Communications Commission at mbinfo@fcc.gov. If you have remarks about the information presented here, we would like to hear from you and you can address those remarks to mbinfo@fcc.gov. For information about your local television station's plans for the transition to digital television in your area, call your local station. You also can check back to this information site, as we will periodically review and update it as questions arise and circumstances change. Local officials who require assistance in understanding or reviewing local stations plans and applications and their related technical showings are welcome contact the FCC staff for assistance through the above-mail address. We will soon have a telephone number for such inquiries and will publish that number when available.

Radio Frequency Emission Safety Guidelines

On June 2, 2000, the Commission and the Local and State Government Advisory Committee jointly issued a Local Government Official's Guide to Transmitting Antenna RF Emission Safety. The guide is designed to provide local communities with a greater understanding of RF emission issues and comprehensive information and guidance in devising efficient procedures for assuring that local antenna facilities comply with the Commission's limits for human exposure to RF electromagnetic fields. It is designed to answer in clear, understandable language the questions of elected officials and local residents alike on the impact of antenna towers on community health.

The Wireless Bureau and the Office of Enginnering and Technology also maintain websites related to RF Emissions. The RF Guide for broadcasting and other tower siting information is available at the Wireless Facilities Siting website, and other RF safety information is available at the RF Safety Program website.



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