Federal Communications Commission Washington, D.C. 20554 DA 08-2560 Released: December 15, 2008 Benjamin D. Arden Counsel for MMK License LLC 1666 K St., N.W. Suite 1200 Washington, D.C. 20006 Re: MB Docket No. 05-317 Dear Mr. Arden: By letter dated October 10, 2008, MMK License LLC “(Max Media”), licensee of WNKY-DT, Bowling Green, Kentucky requested an extension 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 WNKY-DT’s digital signal.1 The Commission granted the original digital signal testing waiver based on the fact that no satellite carrier is providing the retransmission of the analog signals of local broadcast network stations in WNKY’s market.2 The Commission has granted the licensee two six-month extensions.3 In its most recent extension request, the licensee states that the situation remains unchanged and no satellite carrier is offering local-into-local satellite service in WNKY’s market.4 Accordingly, IT IS ORDERED that Max Media’s request IS GRANTED and the first permissible date for digital testing for WNKY-DT IS EXTENDED six months, from December 15, 2008 until June 15, 2009. If a further extension is needed, a request must be filed by April 15, 2009. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau 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, 22 FCC Rcd 12918, 12923 (MB 2007). 3 See Waiver of Digital Testing Pursuant to the Satellite Home Viewer Extension and Reauthorization Act of 2004, 23 FCC 396, 399 (MB 2008); Letter to Benjamin D. Arden, DA 08-1275 (June 6, 2008). 4 WNKY is in the Bowling Green Kentucky DMA.