The Commission has released the long-awaited Seventh Memorandum Opinion and Order and Eight Report and Order (7th MO&O) in the DTV proceeding.
The 7th MO&O addresses petitions for reconsideration filed last Fall with respect to the DTV Table of Allotments adopted in August, 2007 (the infamous “Appendix B” Table). The Commission grants more than 120 requests to change the DTV facilities specified in last August’s Appendix B. In other cases, the Commission denies certain specific requests, suggesting instead that those particular requests can be dealt with through the flexible procedures set out in the Third Report and Order adopted on December 31, 2007. (For example, in several cases where petitioners sought to change channels and transmitter sites, the Commission granted the request to change channels if no interference would be caused by the switch, but declined to make changes to the transmitter site. The Commission indicated that the petitioner could attempt to file a minor change application – if the proposal did not violate Commission’s freeze order – or wait until the freeze on maximization applications is lifted. The staff has informally indicated that it expects the freeze to be lifted in August, 2008.)
The Commission stated (seemingly with a sigh of relief) that, with the release of the 7th MO&O and last December’s Third Report and Order, “the ball is now in the broadcasters’ court”. If you filed a petition for reconsideration of the Appendix B Table last Fall, we recommend that you check with the attorney or engineer you normally work with to determine how (if at all) the 7th MO&O affects your situation.