Federal Communications Commission Washington, D.C. 20554 DA 07-570 February 6, 2007 Michael E. Carosella QUALCOMM Incorporated 5775 Morehouse Drive San Diego, CA 92121 Re: WPZA236, Philadelphia, PA ULS File No. 0002786940 Dear Mr. Carosella, On October 16, 2006, you filed an FCC Form 601 application for modification of station WPZA236, seeking authorization to operate on TV Channel 55 in the Philadelphia, PA area.1 Your application incorporates broadcaster consent, pursuant to section 27.60(b)(1)(iv) of the Commission’s rules.2 This rule section permits a 700 MHz Band licensee to obtain the written concurrence of a co- channel or adjacent channel TV/DTV broadcaster, whereby the incumbent broadcaster consents to accept higher levels of interference than the rule otherwise permits, subject to Commission approval.3 Your application includes a copy of a consent agreement between QUALCOMM Incorporated (“QUALCOMM”) and NEXSTAR Broadcasting, Inc. (“NEXSTAR”) licensee of WHAG-DT, channel 55, in Hagerstown, Maryland. In the agreement, NEXSTAR has agreed to accept potential interference to 2.31% of the population in the noise limited service contour of WHAG-DT construction permit (BMPCDT-20021203ACX). We note that this interference level represents the total amount of interference that WHAG-DT will experience from QUALCOMM’s operations in both Philadelphia and Norfolk/Richmond, and that NEXSTAR’s consent covers QUALCOMM’s operations in both markets. We previously granted QUALCOMM’s request to operate in Norfolk/Richmond on January 19, 2007, based in part on the same consent agreement.4 1 The application was amended, under the same ULS file number, on October 17and 23, 2006; November 1, 13 and 28, 2006; and January 24, 2007. The Commission placed the application on public notice. See Wireless Bureau Market-Based Applications Accepted for Filing, Public Notice, Report No. 2700 at 3 (rel. Nov. 1, 2006). No petitions have been filed against the application. 2 See 47 C.F.R. § 27.60(b)(1)(iv). 3 This approval process involves an analysis by the Media Bureau, under delegated authority, to determine whether grant of the application is in the public interest. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission’s Rules, WT Docket No. 99-168, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 20845 (2000) (basis for public interest analysis of Lower 700 MHz consent agreements); Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), GN Docket No. 01-74, Report and Order, 17 FCC Rcd 1022 (2002) (framework for public interest analysis of Lower 700 MHz “band-clearing” agreements) (“Lower 700 MHz Report and Order”). 4 See letter to Michael E. Carosella, Qualcomm, Inc., from Barbara A. Kreisman, Chief, Video Division, Media Bureau, and Roger S. Noel, Chief, Mobility Division, Wireless Telecommunications Bureau, dated January 19, 2007 (DA 07-122). Michael E. Carosella February 6, 2007 DA 07-570 2 For the reasons discussed below, we find that grant of the application is in the public interest.5 First, our approval of the application will allow QUALCOMM to deploy its MediaFLO (“forward link only”) technology, a “mediacast” service capable of delivering many channels of multimedia content to third generation (“3G”) wireless phones. According to QUALCOMM, which holds licenses for Channel 55 (Block D in the Lower 700 MHz Band) covering the entire nation, MediaFLO initially will provide up to fifteen live streaming video program channels, numerous video “clip cast” channels from which subscribers can choose video clips for viewing on-demand, and numerous audio channels.6 QUALCOMM states that MediaFLO will be available at “mass market” prices for most of the nation’s over 194 million mobile phone customers, and that it will spur the development of new content and new technologies.7 QUALCOMM also intends that the network will carry local programming and core public interest program content such as breaking news, weather, and public affairs, as well as maintain network capability to disseminate emergency alert information, in both visual (including textual) and auditory form. QUALCOMM further states that its MediaFLO technology offers distinct efficiency and cost advantages in delivering content to a large mobile subscriber base, as compared to cellular and higher- frequency based systems. Moreover, as QUALCOMM notes, MediaFLO will be affordable, readily available and will stimulate new development on a large scale within the emerging technology of mobile video.8 Given that QUALCOMM’s business plan calls for an investment of $800 million, grant of this application will contribute to the growth of the American economy.9 Second, WHAG (TV) is not the sole station licensed to Hagerstown. While WHAG (TV) is an NBC affiliate, most of the area of agreed-upon interference is served by other NBC affiliates. Almost half of the affected viewers reside within the Harrisburg-Lancaster-Lebanon-York, Pennsylvania or Baltimore, Maryland DMA and receive their local NBC service from WGAL (TV)/DT, Lancaster, Pennsylvania or WBAL (TV)/DT, Baltimore, Maryland. With respect to the remaining 19,089 affected viewers, all will continue to receive local NBC analog service from WHAG (TV), and virtually all of them will continue to receive the signals of NBC affiliates WRC-DT, Washington, D.C., WBAL-DT and/or WGAL-DT. Only 357 persons will no longer be predicted to receive an NBC DTV service, and only until the end of the DTV transition in February 2009.10 In addition, almost all of the affected viewers will continue to be served by 14 or more analog and digital TV stations, while a small portion of the area of agreed-upon interference will continue to be served by eight other analog and digital TV stations. 5 With respect to any stations receiving interference for which consent is not provided, we note that Qualcomm’s proposed operations are in accordance with the terms of the Commission’s Order granted October 13, 2006. See Qualcomm Incorporated Petition for Declaratory Ruling, Order, 21 FCC Rcd 11683 (2006). 6 QUALCOMM Attachment at 5. 7 Id. 8 QUALCOMM Attachment at 5, 6. 9 QUALCOMM Attachment at 6. 10 Moreover, we note that the above-referenced population figures are based upon the population within the noise- limited service contour of WHAG-DT’s authorized construction permit. WHAG-DT is currently operating pursuant to a low-power STA, and the majority of viewers in the loss area do not currently receive a digital signal from WHAG. Thus, only 6,245 persons who actually receive a digital signal from WHAG-DT/STA will lose that service. Michael E. Carosella February 6, 2007 DA 07-570 3 Accordingly, we believe that the public interest will be served by a grant of QUALCOMM’s application, conditioned upon operating within the technical parameters specified in the application, and in accordance with the NEXSTAR Agreement. Any changes to the technical parameters of the proposed facilities that will result in levels of interference greater than those agreed to in the preceding agreements referenced herein, or that result in any additional interference under the thresholds established in the Commission’s Qualcomm Order, will require separate Commission approval. Sincerely, Barbara A. Kreisman, Chief Video Division Media Bureau Roger S. Noel, Chief Mobility Division Wireless Telecommunications Bureau