DTV Cut-off Procedures Sample Clauses

DTV Cut-off Procedures. Based upon the record in this proceeding, we conclude that the fairest and most expedient method for determining cut- off protection for DTV expansion applications is to take a bifurcated approach. With respect to all currently pending DTV expansion applications, we establish cut-off protection as of the date of the adoption of this R&O. Therefore, all DTV expansion applications pending as of the adoption date of this R&O are cut off and will be protected against later-filed DTV applications. Later-filed DTV applications must protect applications in this cut-off group. We find that this approach, which received the support of the majority of the commenters, will create a definitive pool of applicants from which both the applicants and the Commission staff can begin to resolve mutual exclusivity issues. As the Joint Broadcasters and AAPTS/PBS observe, use of a single cut-off date for all pending DTV applications will minimize the number of MX situations and facilitate applicants’ planning with respect to their proposals. A single cut- off date also provides a measure of fairness to all applicants that filed DTV expansion applications prior to the adoption of the R&O by allowing all of them to be considered as part of one cut- off group. Because most television licensees have filed their DTV expansion applications, providing cut- off protection to all pending DTV applications will adversely affect only the limited number of licensees that will be filing such DTV applications in the future. Finally, selection of the adoption date of the R&O as the cut-off date will prevent a possible rush of xxxxx and possibly defective DTV filings filed merely to preserve rights that might occur if we were to announce a later cut-off date.
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