Federal Communications Commission DA 11-1697 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Pending Applications and Pleadings Related to Proceedings for New Analog Full-Power Television Stations for Communities In Several States ) ) ) ) ) ) ORDER Adopted: October 12, 2011 Released: October 14, 2011 By the Chief, Video Division: 1. On June 12, 2009, pursuant to statutory mandate, full power television stations completed their transition from analog to digital service, and the full power analog television service terminated.1 For this reason, this Order dismisses the following applications and pleadings seeking new analog full power television station licenses and channel allotments (collectively the “Analog Proceedings”): (1) applications for new full-power analog television station construction permits; 2 and (2) petitions for reconsideration of dismissals or denials of such applications.3 2. In the Balanced Budget Act of 1997 Congress added a new section to the Communications Act of 1934, as amended (the “Act”), prohibiting the FCC from renewing analog full power television broadcast licenses to authorize operation beyond a specified digital television transition date, subject to extension under certain circumstances.4 Later, Congress again amended the Act, adding a provision obligating the Commission to take affirmative steps to ensure that all analog full power television stations cease broadcasting, and terminate their licenses, by the June 12, 2009 digital television transition deadline.5 Specifically, the statute mandated that the Commission “require cessation of 1 See infra, para. 2. Although Congress established a deadline for the full power television station digital transition, the statutory deadline did not apply to low power television stations, which do not need to complete their digital conversion until 2015. For this reason, this Order only addresses applications and pleadings ultimately seeking an analog full service television station. See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, ¶¶ 1, 2 FCC 11-110 (rel. July 15, 2011). 2 Appendix A lists these pending matters. 3 Appendix B lists these pending matters. 4 Pub. L. No. 105-33, § 3003 (1997), codified as 47 U.S.C. §309(j)(14)(A). The Balanced Budget Act of 1997 set December 31, 2006 as the digital television transition deadline. 5 The Digital Television Transition and Public Safety Act of 2005 (DTV Transition Act), which is Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109-171, § 3002(b)(1) (2006). In the DTV Transition Act Congress extended the digital transition deadline to February 17, 2009, Pub. L. No. 109-171, § 3002(a)(1), and then to June 12, 2009 in the DTV Delay Act, Pub. L. No. 111-4, § 3002(a)(1), both codified as 47 U.S.C. §309 Note. Federal Communications Commission DA 11-1697 2 broadcasting by full-power stations in the analog television service” by the deadline.6 Because these statutory provisions preclude us from issuing the authorizations ultimately sought in the Analog Proceedings, we dismiss the Analog Proceedings. 3. Our action here follows naturally from years of prior notices that the analog service would be terminated. When the Analog Proceeding applicants initiated their proceedings in 1996, along with numerous others seeking analog facilities (collectively the “1996 Analog Applicants”),7 the Commission had already explicitly stated that it would eventually terminate the analog service.8 Shortly thereafter, the Balanced Budget Act of 1997 selected December 31, 2006 as the first in a series of Congressionally-mandated termination dates.9 In addition to knowing that only digital operations would be allowed past the termination date, the Analog Proceeding applicants knew that they would not be issued an initial companion digital allotment. Prior to the Analog Proceeding filings, the Telecommunications Act of 1996 required the FCC to limit eligibility for initial digital allotments to entities that held an analog authorization (a license or construction permit).10 Thus, in its initial proposed DTV Table of Allotments, the agency provided a paired 6 MHz digital channel only to those entities holding an analog authorization as of April 3, 1997.11 4. Nevertheless, the Commission attempted to provide the 1996 Analog Applicants with digital facilities. First, in reconsidering the Fifth Report and Order in 1998, the Commission allowed the 1996 Analog Applicants granted a construction permit after April 3, 1997 to construct digital facilities on their analog channels immediately, or to convert to digital service at a later date prior to the transition.12 6 DTV Transition Act, § 3002(b)(2). 7 The Commission set July 25, 1996 as the deadline to file a petition for rule making for a new analog channel allotment, and September 20, 1996 as the deadline to file an application for a new analog television station. See Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service (Advanced TV), Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968, 10992 (1996) (Sixth FNPRM). This created a rush of filings, of which the Analog Proceeding applicants comprise a subset. 8 In 1992 and again in 1995, well before passage of the Balanced Budget Act of 1997, the Commission proposed the creation of a firm DTV transition date, after which it would no longer issue analog permits. See Advanced TV, Second Report and Order/Further Notice of Proposed Rule Making, 7 FCC Rcd 3340, 3353-55 (1992) (establishing a tentative conversion date 15 years from the later of the date of adoption of a digital television standard or a final Table of Digital Allotments). See also Advanced TV, Fourth Further Notice of Proposed Rule Making and Third Notice of Inquiry, 10 FCC Rcd 10540, 10545 (1995) (Fourth Further Notice). 9 See n. 4 supra. 10 47 U.S.C. § 336(a)(1); see also Advanced TV, Fifth Report and Order, 12 FCC Rcd 12809, 12814-15 (1997)(Fifth Report and Order)(implementing the initial DTV allotment eligibility requirements). Indeed, for years prior to the Act’s passage, the Commission had proposed limiting initial eligibility to entities holding existing authorization. See Advanced TV, Second Further Notice of Proposed Rule Making, 7 FCC Rcd 5376 (1992); Fourth Further Notice, 10 FCC Rcd at 10545; Sixth FNPRM, 11 FCC Rcd at 10972-73. 11 See Advanced TV, Sixth Report and Order, 12 FCC Rcd 14588 (1997) (establishing initial DTV Table of Allotments); Fifth Report and Order at 12892, app. E (1997) (announcing DTV channel assignments for eligible authorization holders). 12 See Advanced TV, Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order, 13 FCC Rcd 6860, 6863-66 (1998). Thus, the FCC did not award these permittees a second channel to convert to digital, instead allowing them to convert to digital on their single 6 MHz channel. See also Second Periodic Review, 19 FCC Rcd at 18308, ¶ 66 (reiterating that upon receiving a construction permit, an analog applicant would have the option of commencing either analog or digital operations, but must commence digital operations at the end of the transition). Federal Communications Commission DA 11-1697 3 Subsequently, in the draft final DTV Table of Allotments proposed in 2006, the FCC included digital allotments for several dozen of the 1996 Analog Applications that were not eligible for a paired digital channel in the initial DTV Table of Allotments.13 Additionally, in that 2006 Notice the Commission announced a method by which it would assign digital channels to analog applicants receiving grant before adoption of a final DTV Table of Allotments, as well as those receiving grant after adoption of a final DTV Table, but before the end of the transition. Finally, in that Notice the FCC warned that “in all situations, the Commission would only act to make allotment decisions once an application was granted and there was a new permittee.”14 The Analog Proceedings being dismissed here represent the relatively small number of 1996 Analog Applicants who did not secure a construction permit before the June 2009 analog termination. Because the digital transition date has now passed and we are statutorily-prohibited from granting the analog authorizations ultimately being sought in the Analog Proceedings, we dismiss them. 5. Accordingly, IT IS ORDERED that the Analog Proceedings listed in the attached Appendices A and B ARE HEREBY DISMISSED. 6. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s rules, 47 C.F.R. § 0.283. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 13 Advanced TV, Seventh Further Notice of Proposed Rule Making, 21 FCC Rcd 12100, 12118 (2006). 14 Id. Federal Communications Commission DA 11-1697 4 APPENDIX A Pending Applications for New Full Power Analog Television Stations APPLICANT NAME STATE CITY FILE NUMBER JEREMY LANSMAN & CAROL SCHATZ AK FAIRBANKS BPCT-19960917KG TANANA VALLEY TV COMPANY AK FAIRBANKS BPCT-19960920LC COLINA ALTA BROADCASTING, LLC AK FAIRBANKS BPCT-19960920YE FAIRCO BROADCASTING AK FAIRBANKS BPCT-19970331KQ ACTS II EDUCATIONAL CORP., INC. AL DOTHAN BPET-19960920KM COMMUNITY TELEVISION EDUCATORS, INC. AL DOTHAN BPET-19970331LQ SECOND BAPTIST CHURCH AR HOT SPRINGS BPET-19960520KE COMMUNITY TELEVISION EDUCATORS AR HOT SPRINGS BPET-19960923KH BROADCASTING FOR THE CHALLENGED, INC. AR HOT SPRINGS BPET-19961001KG KALEIDOSCOPE FOUNDATION, INC. AR RUSSELLVILLE BPET-19960711LJ THE AMERICAN LEGACY FOUNDATION AZ COOLIDGE BPET-19960710LC LAKE POWELL TV ASSOCIATION AZ PAGE BPET-19960710KR BD. OF TRUSTEES, CAL. STATE UNIV. FOR SAN DIEGO STATE UNIV. CA BRAWLEY BPET-19960920WU NORTHERN CALIFORNIA PUB TV CA REDDING BPET-19960920WN BLACK HAWK COLLEGE IA DAVENPORT BPET-19960710LA JACK I. GARTNER IA DAVENPORT BPCT-19961001KU IOWA PUBLIC BROADCASTING BOARD IA DES MOINES BPET-19960508KE GLOBAL ED. DEVELOPMENT, INC. IA DES MOINES BPET-19960709KT FAMILY EDUCATIONAL BROADCASTING, INC. IA DES MOINES BPET-19960715KG COMMUNITY TELEVISION, INC. IA DES MOINES BPET-19960724KM MEDIA PROPERTIES LTD, PARTNERSHIP ID POCATELLO BPCT-19960919KH RETLAW ENTERPRISES, INC. ID POCATELLO BPCT-19960919LC HARRIS BROADCASTING COM ID POCATELLO BPCT-19970328KF INDEPENDENT SCHOOL DIST #492 MN WINONA BPET-19960725KX LIVING LIGHT, INC. MN WINONA BNPET-20010220AAT EDUCATIONAL BROADCASTERS ASSOCIATION MN WINONA BNPET-20010220AAU THE ARUNDEL GROUP MN WINONA BNPET-20010220AAV MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION MS CLARKSDALE BPET-19960919KK COMMUNITY TELEVISION EDUCATORS, INC. MS CLARKSDALE BPET-19970331SD MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION MS COLUMBIA BPET-19960724KR MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION MS HATTIESBURG BPET-19960724KS KB PRIME MEDIA LLC MS WIGGINS BPCT-19960920LV MEDIA PROPERTIES, LTD PARTNERSHIP MT BILLINGS BPCT-19960919KI RAPID BROADCASTING COM MT BILLINGS BPCT-19970331KF MERIDIAN COMMUNICATIONS OF MONTANA, INC. MT BILLINGS BPCT-19970331KJ BILCO BROADCASTING MT BILLINGS BPCT-19970331KU STEVEN K. BRUGGEMAN MT BILLINGS BPCT-19970331LV JJJH, LLC, A DELAWARE LIMITED MT BILLINGS BPCT-19970331LZ WXXI PUBLIC BROADCASTING COUNCIL, INC. NY ROCHESTER BPET-19960228KF FAITH PLEASES GOD CHURCH CORPORATION TX BIG SPRING BPET-19960726KL FAITH PLEASES GOD CHURCH CORPORATION TX SAN ANGELO BPET-19960726KI UNIVERSITY OF UTAH UT VERNAL BPET-19960705KJ DAVIS TELEVISION FAIRMONT, LLC WV FAIRMONT BPCT-19960920IY MARRI BROADCASTING, LP WV FAIRMONT BPCT-19960920KS Federal Communications Commission DA 11-1697 5 APPENDIX B Pending Petitions for Reconsideration of Previous Dismissals Or Denials of New Analog Television Station Applications APPLICANT NAME STATE CITY FILE NUMBER FAITH PLEASES GOD CHURCH CORPORATION AZ NOGALES BPET-19960726KQ COMMUNITY TELEVISION EDUCATORS AZ NOGALES BPET-19961118KG BROADCASTING FOR THE CHALLENGED, INC. AZ NOGALES BPET-19961119KH NORTHERN CALIFORNIA PUB TV CA WEAVERVILLE BPET-19960920KV NATCHEZ TRACE BROADCASTING COMPANY MS JACKSON BPCT-19960710KU PAPPAS TELECASTING OF AMERICA OH DEFIANCE BPCT-19960722KK PAPPAS TELECASTING OF AMERICA, A CALIFORNIA L.P. OH XENIA BPCT-19960722KP FAITH PLEASES GOD CHURCH CORPORATION TX DEL RIO BPET-19960726KM