'REDERICK W. FORD
I.Oe-I???
B. WARING PARTRIDGE .Itt,P. c.
E. THEODORE MALLYCK
0' COUNSEL
TELECOPIER: (202) 296-5572
oeTSt8
(202) 296-0600
1776 K STREET, NORTHWEST
WASHINGTON, D. C.20006
ATTORNEYS AT LAW
200 MONTGOMERY BUILDING
PEPPER & CORAZZINI
If'NCENT A PEPPER
'OBERT F. CORAZZINI
"-"":ETER H. FEINBERG
PETER GUTMANN
WILLIAM J. F'RANKLIN
~OHNF. GARZIGLIA
TODD~.PARRIOTT
SAReAAA R. MERLIE
N EAL~.FR' EDMAN
ELLEN $. MANDELL
HOWARD J. BARR.
t't:. !1""." "" '" ?
t.../' ':'" "r:
? AOIl4ITTIO IN MO.ONLY
October 31, 1988
Federal Communications CommlsSiuli
Office of the Secretary
Ms. Donna R. Searcy
Secretary
Federal Communications Commission
washington, D.C. 20554
Re: KM Docket No. 87-268
Dear Ms. Searcy:
Transmitted herewith on behalf of cosmopolitan Broadcas
ting corporation are the original and fourteen copies of
"Comments of Cosmopolitan Broadcasting corporation" in the
above referenced matter. These comments are respectfully
directed to the attention of the full Commission.
Should any questions
communicate directly with
Enclosures
arise concerning this matter,
this office.
j~1:;_:rs,_
please
OCT3181
fedelaJ Communications Commissi
Office ot the Secretary
MM Docket No. 87-268
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of
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Advanced Television systems
and Their Impact on the
Existing Broadcast Service
In the Matter of
Reevaluation of the UHF
Television Channel and
Distance separation
Requirements of Part 73
the commission's Rules
Review of Technical and
operational Requirements:
Part 73-E, Television
Broadcast stations
To: The Commission
COMMENTS OF COSMOPOLITAN BROADCASTING CORPORATION
cosmopolitan Broadcasting Corporation ("Cosmopolitan"), by
its attorney, pursuant to §1.415 of the Commission's Rules,
respectfully submits herewith its comments in response to the
Commission's Tentative Decision and Further Notice of Inquiry,
FCC 88-288, released September 1, 1988 ("Tentative Decision")
in the captioned matter. In these comments, cosmopolitan urges
the Commission to relax the NTSC standards with respect to LPTV
stations. As demonstrated below, such relief would achieve the
overall purposes of the Commission's Tentative Decision, while
mitigating a number of its potential adverse consequences.
......""v.
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In its Tentative Decision, the Commission rejected any
modification of the NTSC standard on a wide-scale basis. 19.,
~~107-9. The Commission felt this position to be consistent
with its emerging view that ATV must be developed within the
NTSC spectrum and so as to avoid disruption of existing ser
vice. The commission further provided a waiver mechanism and
pledged expeditious action on waiver requests, provided that an
applicant demonstrate no impairment of pUblic reception of
existing stations and a level of interference to other stations
within the limits of the applicant's present NTSC operations.
Id.~109.
Cosmopolitan believes that the Commission's objectives can
be met without the inherent delay and the need to expend
resources on waiver proceedings. This can be achieved by
relaxing NTSC standards for the LPTV service. This is particu
larly important in view of the rapid development of ATV systems
awaiting field testing and the constant press reports of
foreign progress which may well overtake domestic development.
It is incumbent upon the Commission to facilitate a testing
procedure which relieves applicants of any burden and delay so
that field testing can proceed whenever appropriate. Indeed,
events are shaping up so quickly that even a minor delay can
prove highly detrimental to the introduction of ATV service in
America. The LPTV service, by its very nature, can be used as
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a prototype for full scale ATV operations and testing, and the
use of LPTV facilities for testing purposes will cause far less
disruption to viewers than would the use of full power sta
tions.
In that regard, it is noted that many LPTV permittees and
licensees have not yet found a commercially-feasible niche in
their marketplace, and would be far more willing than estab
lished full power stations to permit the use of their facili
ties for experimental purposes. It is further noted that LPTV
stations are found in all sizes of markets, and cover the full
spectrum occupied by current terrestrial broadcasters; there
fore, LPTV facilities would appear to be ideal laboratories for
practical field testing of HDTV systems. In order to minimize
disruption to viewers, Cosmopolitan would suggest that all
experimental operations on LPTV stations be subject to the same
two substantive requirements as would apply to the Commission's
suggested waiver procedure.
The above suggestions are calculated to facilitate field
testing of ATV systems in a manner least disruptive to the
pUblic. Relaxation of the NTSC standard for LPTV stations
would advance Chairman Patrick's concern that technical devel
opment not be constrained. The resultant facilitation of field
testing will also meet Commissioner Dennis' objective of
compiling data as soon as possible in order to permit the
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establishment of standards if and when appropriate. Finally,
an immediate opportunity to test developing systems at the
discretion of those in the forefront of technological innova-
tion will meet Commissioner Quello's concern that the ATV
industry be allowed to develop as full a record as possible
before any further fundamental decisions are made by the
Commission.
In view of the foregoing, cosmopolitan respectfully urges
the Commission to relax the NTSC standard for the low-power
television service. Not only will this step facilitate test-
ing, adoption and implementation of ATV service to the American
PUblic, but may also encourage coincidental testing of LPTV
stations for supplementary uses which may enhance the economic
viability of that struggling service.
Respectfully submitted,
COSMOPOLITAN BROADCASTING
C RATION
By
PEPPER , CORAZZINI
200 Montgomery Building
1776 K street, N.W.
Washington, D.C. 20006
(202) 296-0600
October 31, 1988