Federal Communications Commission Washington, D.C. 20554 DA 08-64 January 14, 2008 Michael E. Carosella QUALCOMM Incorporated 5775 Morehouse Drive San Diego, CA 92121 Re: WPZA238, Indianapolis, IN ULS File No. 0003201259 Dear Mr. Carosella, On October 17, 2007, you filed an FCC Form 601 application for modification of station WPZA238, seeking authorization to operate on TV Channel 55 in the Indianapolis, IN 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 the licensees of six television broadcast stations. WKAR Public Broadcasting (WKAR”), the licensee of WKAR-DT, channel 55, in East Lansing, MI, has agreed to accept potential interference to the population in the noise limited service contour of WKAR-DT’s licensed facilities (BLEDT-20040128AKJ). We note that this interference represents the total amount of interference that WKAR-DT will experience from QUALCOMM’s proposed operations in the Indianapolis, IN area, as well as other previously or concurrently authorized QUALCOMM facilities, and that WKAR’s consent covers QUALCOMM’s operations in all contributing markets. 1 The Commission placed the application on public notice. See Wireless Bureau Market-Based Applications Accepted for Filing, Public Notice, Report No. 3549 at 3 (rel. Oct. 31, 2007). 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”). Michael E. Carosella January 14, 2008 DA 08-64 2 NEXSTAR Broadcasting, Inc. (“NEXSTAR”), the licensee of WFFT-TV, channel 55, in Fort Wayne, IN, has agreed to accept potential interference to the population in the Grade B contour of WFFT- TV’s licensed facilities (BLCT-20001002APS). We note that this interference represents the total amount of interference that WFFT-TV will experience from QUALCOMM’s proposed operations in the Indianapolis, IN area, as well as other previously or concurrently authorized QUALCOMM facilities, and that NEXSTAR’s consent covers QUALCOMM’s operations in all contributing markets. ION Media Networks, Inc. (“ION”), the licensee of WPXE(TV), channel 55, in Kenosha, WI, agreed to accept potential interference to the population in the Grade B contour of WPXE(TV)’s licensed facilities (BLCT-19970707KE). We note that this interference represents the total amount of interference that WPXE(TV) will experience from QUALCOMM’s proposed operations in the Indianapolis, IN area, as well as other previously or concurrently authorized QUALCOMM facilities, and that ION’s consent covers QUALCOMM’s operations in all contributing markets. Northwest Indiana Broadcasting, Inc. (“Northwest Indiana”), the licensee of WYIN(TV), channel 56, in Gary, IN, has agreed to accept potential interference to the population in the Grade B contour of WYIN(TV) licensed facilities (BMLET-20050811AAD). We note that this interference represents the total amount of interference that WYIN(TV) will experience from QUALCOMM’s proposed operations in the Indianapolis, IN area, as well as other previously or concurrently authorized QUALCOMM facilities, and that Northwest Indiana’s consent covers QUALCOMM’s operations in all contributing markets. Winston Broadcasting Network, Inc. (“Winston”), the licensee of WBNX-TV, channel 55, in Akron, OH, has agreed to accept potential interference to the population in the Grade B contour of WBNX-TV licensed facilities (BLCT-20011113ADL). We note that this interference represents the total amount of interference that WBNX-TV will experience from QUALCOMM’s proposed operations in the Indianapolis, IN area, as well as other previously or concurrently authorized QUALCOMM facilities, and that WINSTON’s consent covers QUALCOMM’s operations in all contributing markets. Finally, GOCOM Media of Illinois, LLC (“GOCOM”), the licensee of WRSP-TV, channel 55, in Springfield, IL, has agreed to accept potential interference to the population in the Grade B contour of WRSP-TV licensed facilities (BLCT-20030627AAF). We note that this interference represents the total amount of interference that WRSP-TV will experience from QUALCOMM’s proposed operations in the Indianapolis, IN area, as well as other previously or concurrently authorized QUALCOMM facilities, and that GOCOM’s consent covers QUALCOMM’s operations in all contributing markets. QUALCOMM will operate in Indianapolis, IN from multiple sites. For the reasons discussed below, we find that grant of the application is in the public interest.4 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.5 4 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). Michael E. Carosella January 14, 2008 DA 08-64 3 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.6 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.7 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.8 Second, with respect to WRSP-TV, WYIN(TV) and WKAR-DT, the amount of agreed-upon interference has already been approved by the Commission in recent decisions granting other QUALCOMM applications.9 With respect to WFFT-TV and WPXE(TV), by concurrent grant we have determined that the public interest would be served by approving QUALCOMM’s application to expand its MediaFLO service in the Chicago, IL area, which also included the consent of NEXSTAR and ION to accept slightly higher levels of interference to WFFT-TV and WPXE(TV). In this case, the areas of interference in the Chicago area and the Indianapolis area are the same. For WBNX-TV, it is not the sole station licensed to Akron and it is not one of the top four stations in its DMA. The interference to WBNX-TV is to 4.61% of the population within the station’s Grade B contour, and the area of agreed-upon interference is well-served, in that at least 12 other TV or DTV stations, and as many as 33, serve a portion of the area. In addition, WBNX-DT and WBCB-DT, which is licensed to Youngstown, OH, will continue to provide CW Network service to virtually all of the area of agreed-upon interference. 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 WKAR, NEXSTAR, ION, Northwest Indiana, Winston, and GOCOM Agreements. 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 5 QUALCOMM Attachment to application for modification of Station WPZA238, ULS File No. 0002395142 at 5. 6 Id. 7 QUALCOMM Attachment at 5, 6. 8 QUALCOMM Attachment at 6. 9 See, e.g., Letter to Michael E. Carosella (Chicago), 22 FCC Rcd 10165, 10167-68 (2007); Letter to Michael E. Carosella (Detroit), 22 FCC Rcd 19360, 19362 (2007). Michael E. Carosella January 14, 2008 DA 08-64 4 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