*Pages 1--2 from Microsoft Word - 50336.doc* Federal Communications Commission Washington, D. C. 20564 DA 05- 2041 Released: July 20, 2005 1800E3- JLB Puget Sound Educational TV, Inc. c/ o Robert L. Olender, Esq. Koerner & Olender, P. C. 5809 Nicholson Lane Suite 124 North Bethesda, MD 20852 Re: KWDK( TV), Tacoma, Washington Facility ID No. 35419 Dear Licensee: On April 22, 2005, Puget Sound Educational TV, Inc. (Puget Sound), the licensee of analog television station KWDK( TV), NTSC Channel *56, and permittee of digital television station KWDK-DT, DTV Channel *42, Tacoma, Washington, filed a letter requesting Commission authority to: (i) cease analog broadcasting on NTSC Channel *56 and surrender its license for the channel prior to the end of the DTV transition period; and (ii) thereafter operate KWDK- DT as a single channel, digital- only television station on DTV Channel *42. Puget Sound’s proposal appeared on public notice on June 7, 2005. In its Report and Order in GN Docket No. 01- 74, the Commission adopted the reallocation of the 598- 746 MHz Spectrum Band (television channels 52- 59) from use by television broadcasters to new use on a flexible basis. 1 The Commission also stated that it would consider requests by incumbent broadcasters on channels 52- 59 to voluntarily vacate their NTSC channels prior to the end of the DTV transition on a case- by- case basis, considering all relevant public interest factors. 2 In support of its request to voluntarily vacate NTSC Channel *56, Puget Sound states that there are 17 television stations licensed in the Seattle- Tacoma, Washington DMA and that “KWDK market share in the DMA is far from the top four.” In addition, grant of the request would not remove the sole noncommercial educational television station available to viewers, since KCTS( TV) is licensed at Seattle. While the early return of its NTSC channel will result in loss of an over- the- air analog service, Puget Sound contends that the impact on the public will be imperceptible, given the cable penetration rate in the 1 Reallocation and Service Rules for the 698- 746 MHz Spectrum Band (Television Channels 52- 59), 17 FCC Rcd 1022 (2002). 2 Id. at 1096. The Commission identified a number of relevant factors, including whether grant of the request would make new or expanded wireless services available to consumers or deploy wireless service to underserved areas, or whether grant would result in the loss of any of the four stations in the DMA with the largest audience share, the loss of sole service licensed to the local community, or the loss of a community’s sole noncommercial educational television service. The Commission will also consider whether a grant would have a negative effect on the pace of DTV transition in that market. Id. at n. 549. 1 DMA. 3 Puget Sound further states that it will broadcast announcements informing viewers of its intent to change to digital- only operations, and that it will request the cable operators initially carry KWDK- DT’s over- the air digital signal in an analog format, and provide the cable operators with the conversion equipment necessary to translate the station’s over- the- air signal from digital to analog. Puget Sound also asserts that grant of its request will make new or expanded wireless services available to consumers, and submits a letter from QUALCOMM Incorporated (QUALCOMM), which holds licenses for channel 56 (Block D in the Lower 700 MHz band) covering the entire nation. According to QUALCOMM, granting Puget Sound’s request will allow MediaFLO USA, Inc., a wholly-owned subsidiary of QUALCOMM, to deploy and operate a network to offer a “mediacast” service to deliver many channels of multimedia content to third generation wireless phones. Based upon the foregoing, we believe the public interest would be served by permitting Puget Sound to surrender its license for NTSC Channel *56, Tacoma, Washington, and commence digital operations on DTV Channel *42. Accordingly, Puget Sound’s request IS GRANTED. Moreover, prior to discontinuing analog service and surrendering its NTSC license, we expect Puget Sound to supply all cable systems carrying its digital signal with the conversion equipment necessary to translate KWDK-DT’s signal to an analog signal. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau 3 Nielson Media Research reports that in May 2005, the total cable and/ or ADS penetration rate for the Seattle-Tacoma DMA was 86. 4% of TV Households. Television Bureau of Advertising Online, DMA Household Universe Estimates, http:// www. tvb. org/ nav/ build_ frameset. asp? url=/ localnumbers/ current_ ads. asp (reporting Nielson results.) 2