Federal Communications Commission
Washington, D.C. 20554
DA 08-2448
Released: October 31, 2008
1800E3-JLB
WSMH Licensee LLC
c/o Clifford M. Harrington, Esq.
Pillsbury Winthrop Shaw Pittman, LLP
2300 N Street, N.W.
Washington, D.C.  20037-1122
Re: MB Docket No. 05-317
Dear Licensee:
By letter dated August 14, 2008, WSMH Licensee LLC (“WSMH”), the permittee of WSMH-
DT, Flint, Michigan, requested renewal of its waiver of Section 339(a)(2)(D) of the Communications Act 
of 1934, as amended, to prohibit satellite subscribers from receiving or conducting a digital signal 
strength test of WSMH-DT’s digital signal.1 The Commission granted the original digital signal testing 
waiver based on the fact that WSMH has been unable to construct its authorized DTV facility due to the 
need for international coordination,”2 and has granted three six-month extensions.3  
While the previous extension request was pending, the Commission received concurrence from 
Canada and granted WSMH’s application for a digital construction permit on April 18, 2008. 4 In its most 
recent extension request, WSMH states that it has since filed an application for modification of its 
construction permit to relocate to a new tower support structure.5 [does this mod need additional 
Canadian concurrence?] WSMH asserts that because the modification application requires Canadian 
concurrence and remains pending, an additional six month waiver is justified.  We disagree.  WSMH is 
presently operating a “checklist” digital facility which serves 99% of its analog service population.6  
WSMH also has a construction permit for a maximized post-transition digital facility which has been 
approved by Canada.   We do not believe that WSMH’s decision to file an application for modification of 
its construction permit immediately after grant of its application warrants a further extension of the 
SHVERA testing waiver.   Accordingly, we conclude that WSMH has failed to demonstrate, by clear and 
  
1 See 47 U.S.C. § 339 (a)(2)(D)(viii), as amended by Section 207 of the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (“SHVERA”), 47 U.S.C. § 339.
2 See Waiver of Digital Testing Pursuant to the Satellite Home Viewer Extension and Reauthorization Act of 2004, 
21 FCC Rcd 4812, 4816 (2006)
3 See WSMH Licensee LLC c/o Clifford M. Harrington, Esq., 23 FCC Rcd  7078 (2008).
4 File No. BPCDT-19991028ACK.
5 File No. BMPCDT-20080620AKL.  The application seeks to move the digital facility to a new tower currently 
utilized by both WSMH(TV) and WSMH-DT’s “checklist” facility.  See Engineering Statement at p.2.
6 See File No. BDTUCT-20081020AUY.
2
convincing evidence, that its station’s digital signal coverage is limited due to the unremediable need for 
international coordination or approvals. 
Accordingly, IT IS ORDERED that the request of WSMH IS DENIED.  The first permissible 
date for digital testing for WSMH-DT IS October 31, 2008.
Sincerely,
Barbara A. Kreisman
Chief, Video Division
Media Bureau