Federal Communications Commission FCC 07-138 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Advanced Television Systems and their Impact Upon the Existing Television Broadcast Service ) ) ) ) ) ) MB Docket No. 87-268 SEVENTH REPORT AND ORDER AND EIGHTH FURTHER NOTICE OF PROPOSED RULE MAKING Adopted: August 1, 2007 Released: August 6, 2007 Comment Date: [30 days after date of publication in the Federal Register] Reply Comment Date: [45 days after date of publication in the Federal Register] By the Commission: TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION.....................................................................................................................1 II. BACKGROUND.......................................................................................................................6 A. The DTV Transition ............................................................................................................6 B. The Channel Election Process and Proposed New DTV Table of Allotments ...................7 C. Allotment Methodology and Evaluation of Interference Conflicts ...................................16 III. SEVENTH REPORT AND ORDER ......................................................................................27 A. General Issues....................................................................................................................27 1. Request to add references to pending applications......................................................28 2. Request for a procedure for correcting “minor variances”..........................................29 3. Methodology issues .....................................................................................................30 4. Use of the 0.1 percent interference standard ...............................................................31 5. AMTS Licensees’ Protection of TV Channels 10 and 13 ...........................................32 B. Requests for Minor Adjustments.......................................................................................35 C. Requests to Make Changes to Certification ......................................................................38 1. Requests That Meet the Interference Criteria..............................................................39 2. Requests By Operating Stations That Do Not Meet Interference Criteria ..................46 3. Requests By Non-Operational Stations That Do Not Meet Interference Criteria.........................................................................................................................58 D. Requests for Modified Coverage Area ..............................................................................62 Federal Communications Commission FCC 07-138 2 E. Requests for Alternative Channel Assignments ................................................................72 F. Additional Requests to Change Appendix B Facilities .....................................................81 1. Antenna Information....................................................................................................81 2. Speculative Requests to Change Appendix B Facilities..............................................83 3. Proposals Subject to the Filing Freeze ........................................................................90 4. Stations Not Eligible To Participate in the Channel Election Process ......................102 5. Stations Awaiting International Coordination...........................................................103 6. Resolution of TCDs Pending After Round Three .....................................................106 7. TCDs for New Permittees Granted During Proceeding ............................................114 8. Stations to be Deleted from the DTV Table..............................................................117 9. Other Requests...........................................................................................................119 IV. EIGHTH FURTHER NOTICE OF PROPOSED RULEMAKING......................................139 A. New Permittees................................................................................................................140 B. Late-Filed Requests for Changes to the Table of Allotments and Appendix B ..............141 1. Request to Make Changes That Meet the Interference Criteria ................................142 2. Request for Modified Coverage Area........................................................................144 3. Requests for Alternative Channel Assignments ........................................................145 4. Other Requests...........................................................................................................149 V. PROCEDURAL MATTERS.................................................................................................157 A. Seventh Report and Order ...............................................................................................157 1. Final Regulatory Flexibility Analysis .......................................................................157 2. Final Paperwork Reduction Act Analysis .................................................................158 3. Congressional Review Act ........................................................................................159 B. Eighth Further Notice of Proposed Rulemaking .............................................................160 1. Initial Regulatory Flexibility Analysis ......................................................................160 2. Initial Paperwork Reduction Act Analysis ................................................................161 3. Ex Parte Rules ...........................................................................................................162 4. Filing Requirements ..................................................................................................163 C. Additional Information....................................................................................................166 VI. ORDERING CLAUSES........................................................................................................167 APPENDICES Appendix A – Rule Changes (Including Post-Transition DTV Table of Allotments) Appendix B – Post-Transition DTV Table of Allotments Information Appendix C – List of Commenters Appendix D1 – Granted Requests for Minor Adjustments Appendix D2 – Granted Requests for Changes to Certification That Meet the Interference Criteria Appendix D3 – Granted Requests for Modified Coverage Area Appendix D4 – Stations in Border Zones That Must File Post-Transition Applications Appendix D5 – Granted Requests for Alternative Channel Assignments Appendix D6 –Requests for Changes to Appendix B Antenna Information Appendix D7 – Denied Requests from New Applicants Appendix E – Final Regulatory Flexibility Act Analysis Appendix F – Proposed Rule Changes Appendix G – Proposed Changes to Post-Transition DTV Table of Allotments Information Appendix H – Initial Regulatory Flexibility Act Analysis Federal Communications Commission FCC 07-138 3 I. INTRODUCTION 1. In this Seventh Report and Order, the Commission adopts a new Table of Allotments for digital television (“DTV”) providing all eligible stations with channels for DTV operations after the DTV transition on February 17, 2009. The new DTV Table accommodates all eligible broadcasters, reflects to the extent possible the channel elections made by broadcasters, and is consistent with efficient spectrum use. The new DTV Table finalizes the channels and facilities necessary to complete the digital transition and ultimately will replace the existing DTV Table1 at the end of the DTV transition. The existing DTV Table continues to govern stations’ DTV operations until the end of the DTV transition. 2. The new DTV Table is the result of informed decisions made by eligible licensees and permittees during the Commission’s channel election process. As the Commission stated in the Seventh Further Notice of Proposed Rule Making in this proceeding,2 in developing these final DTV allotments the Commission has attempted to accommodate broadcasters’ channel preferences as well as their replication and maximization service area certifications (made via FCC Form 381). The DTV Table adopted herein reflects consideration of the comments filed in response to the Seventh Further Notice as well as our efforts to promote overall spectrum efficiency and ensure that broadcasters provide the best possible service to the public. 3. In early 2006, Congress established February 17, 2009 as a new hard deadline for the end of the DTV transition and the end of analog transmissions by full power television broadcasters.3 In view of the short period of time remaining before this deadline, our goal has been to finalize DTV channels and facilities as expeditiously as possible to provide stations with the certainty they need to complete their digital build out, consistent with the interference and other standards set forth in the Seventh Further Notice. 4. In addition, we are adopting a Further Notice of Proposed Rule Making (“Eighth Further Notice”), to announce tentative channel designations (“TCDs”) for three new permittees that have recently attained permittee status. The Eighth Further Notice identifies these permittees together with the channel we propose to assign the permittee and the specific technical facilities at which we propose to allow these stations to operate after the DTV transition. If adopted, this information would revise the DTV Table and Appendix B adopted in this Seventh Report and Order. We invite public comment on these proposed new TCDs and associated technical facilities. 5. In addition, the Eighth Further Notice identifies a number of proposals for revisions to the proposed DTV Table and/or Appendix B that were advanced by commenters in 1 The post-transition DTV Table will be codified at 47 C.F.R. § 73.622(i). See Appendix A. The current DTV Table, which is contained in 47 C.F.R. § 73.622(b), will become obsolete at the end of all authorized pre-transition DTV operations. The current NTSC Table, which is contained in 47 C.F.R. § 73.606(b), will become obsolete at the end of the transition, when all full-power analog operations must cease. We will address any rule amendments necessitated by the end of analog service in a later proceeding. 2 Seventh Further Notice of Proposed Rule Making, In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, 21 FCC Rcd 12100 (2006) (“Seventh Further Notice”). 3 See Digital Television and Public Safety Act of 2005 (“DTV Act”), which is Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) (“DRA”) (codified at 47 U.S.C. §§ 309(j)(14) and 337(e)). Federal Communications Commission FCC 07-138 4 either reply comments or late-filed comments in response to the Seventh Further Notice.4 As these comments propose changes to the DTV Table and/or Appendix B that could affect other stations that may not have had adequate notice of these proposals, we identify these proposals to give affected stations an opportunity to comment. II. BACKGROUND A. The DTV Transition 6. The Commission established the existing DTV Table in the 1997 Sixth Report and Order as part of its DTV transition plan.5 In creating the existing DTV Table, the Commission sought to accommodate all eligible, full-service broadcasters with a second 6 MHz channel to provide DTV service in addition to their existing analog service.6 In addition, the Commission initiated a process by which the amount of spectrum devoted to the television broadcast service will eventually be reduced to a “core spectrum” ( i.e., channels 2-51) after the end of the transition, enabling the recovery of a total of 108 MHz of spectrum ( i.e., channels 52-69).7 This “out of core” spectrum has been made available for public safety and wireless communications services.8 4 Appendix B reflects the revisions adopted in this Order. The additions and modifications proposed in the Eighth Further Notice are not included in Appendix B, but are separately listed in Appendix G. Stations that would be affected by the proposed changes are shown with their current facilities, which would duly change if the proposed modifications are adopted in the future Eighth Report and Order. 5 Sixth Report and Order, Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, 12 FCC Rcd 14588 (1997) (“Sixth Report and Order”), on recon., Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998) (“Sixth MO&O”), on further recon., Second Memorandum Opinion and Order on Reconsideration of the Fifth and Sixth Report and Orders, 14 FCC Rcd 1348 (1998) (“Second MO&O on Reconsideration”). See also 47 C.F.R. § 73.622(b). The details of each station’s channel assignment under the existing DTV Table, including technical facilities and predicted service and interference information, were set forth in the initial Appendix B of the Sixth Report and Order (“initial Appendix B”). See Sixth Report and Order, 12 FCC Rcd at 14693, app. B. The initial Appendix B was amended in 1998. See Sixth MO&O, 13 FCC Rcd 7418 (1998) and Second MO&O on Reconsideration, 14 FCC Rcd 1348 (1998). Simultaneously with the adoption of the Sixth Report and Order, the Commission announced DTV channel assignments for eligible licensees in the Fifth Report and Order in the same docket. See Fifth Report and Order, MM Docket No. 87-268, 12 FCC Rcd 12809, 12892, App. E (1997) (“Fifth Report and Order”). 6 Eligibility to receive a second channel for DTV operations was limited to existing broadcasters. See 47 U.S.C. § 336(a)(1). See also Fifth Report and Order, 12 FCC Rcd at 12838, ¶ 69. 7 See Sixth MO&O, 13 FCC Rcd at 7431, ¶ 41 (determining that the core TV spectrum after the transition would encompass television channels 2 through 51). 8 Channels 60-69 were reallocated for public safety and wireless communications services in 1998. See Report and Order, Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET Docket No. 97-157, 12 FCC Rcd 22953 (1998). Channels 52-59 were reallocated for new wireless services in 2001. See Report and Order, Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), GN Docket No. 01-74, 17 FCC Rcd 1022 (2002). See also Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Report and Order and Further Notice of Proposed Rulemaking, FCC 07-72 (rel. Apr. 27, 2007) (addressing rules governing wireless licenses in the 700 MHz Band); Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, adopted July 31, 2007. Federal Communications Commission FCC 07-138 5 B. The Channel Election Process and Proposed New DTV Table of Allotments 7. Broadcast licensees selected their ultimate (i.e. post-transition) DTV channel inside the core spectrum through a channel election process established by the Commission in the Report and Order in the Second DTV Periodic proceeding.9 Under this process, licensees elected their preferred post-transition channel during one of three rounds. Channel elections that could be approved, as well as “best available” channels where appropriate, were locked in as tentative channel designations (“TCDs”) and protected against new interference from subsequent channel elections with a strong presumption that a station’s TCD would be its channel assignment proposed in the new DTV Table.10 In order to facilitate the channel election process and the development of a final, post-transition DTV Table, the Media Bureau announced a freeze on the filing of certain NTSC and DTV requests for allotment or service area changes.11 8. The first step of the channel election process addressed preliminary matters and required all licensees to file a certification (via FCC Form 381) in order to define their post- transition facility.12 In these certifications, licensees had to decide whether they would (1) replicate their allotted DTV facilities, (2) maximize to their currently authorized DTV facilities,13 or (3) reduce to a currently authorized smaller DTV facility. 9. The second step of the channel election process was the first round of channel elections, in which only in-core licensees – those with at least one in-core channel – could participate. In-core licensees that participated in round one filed their channel elections (via FCC Form 382) by February 10, 2005. First-round electors were not permitted to elect a channel 9 Report and Order, In the Matter of Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, MB Docket 03-15, 19 FCC Rcd 18279 (2004) (“Second DTV Periodic Report and Order”)(recons. pending). 10 Id. at 18298, ¶ 46 n.96. 11 See Public Notice, “Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area Changes,” 19 FCC Rcd 14810, 14810-11 (MB 2004) (“August 2004 Filing Freeze PN”). The freeze was imposed on August 3, 2004, prior to the commencement of the channel election process, in order to provide a stable database for developing the post-transition DTV Table. The freeze precludes parties from filing the following items: (i) petitions for rulemaking to change DTV channels within the current DTV Table, (ii) petitions for rulemaking to establish a new DTV channel allotment, (iii) petitions for rulemaking to swap in-core DTV and NTSC channels; (iv) applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (“NPRM”) had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (“NTSC Table”) in which a NPRM had not yet been issued. Second DTV Periodic Report and Order, 19 FCC Rcd at 18308, ¶ 68. 12 Licensees were required to file their certifications (via FCC Form 381) by November 5, 2004. See Public Notice, “DTV Channel Election Information and Deadlines,” 19 FCC Rcd 19569 (MB 2004) (“Certification Deadline PN”). Stations that did not submit certification forms by the deadline were evaluated based on replication facilities. See Second DTV Periodic Report and Order, 19 FCC Rcd at 18296, ¶ 41. 13 Many stations have applied for and been granted authorization to operate at facilities that are different from the facilities that were specified for their operation in the initial DTV Table and Appendix B, as amended in 1998. In most cases, the facilities allowed under these new authorizations allow stations to “maximize” their service coverage to reach a larger population than the facilities specified in the initial DTV Table and Appendix B. Federal Communications Commission FCC 07-138 6 that was not assigned to them unless rights to that channel were obtained through a negotiated channel agreement (“NCA”) with another licensee. At the close of the first round elections, the Commission announced 1,554 TCDs,14 which included channels elected through 25 NCAs.15 10. In the third step, the Commission analyzed the interference conflicts arising out of the first round and offered licensees an opportunity to resolve them (via FCC Form 383). After reviewing the first round conflicts, the Commission announced an additional 159 TCDs, bringing the total number of TCDs to 1,713.16 11. The fourth step of the channel election process was the second round of elections, in which the remaining licensees made their elections. Licensees that participated in this round filed their channel elections (via FCC Form 384) by October 31, 2005. 12. In the fifth step, the Commission analyzed the interference conflicts arising out of the second-round elections and announced 75 TCDs, which included channels elected through two NCAs.17 The Commission subsequently announced the consolidated total of first- and second-round TCDs to be 1,789.18 13. The sixth step of the channel election process was the third and final round of elections, in which licensees without a TCD after rounds one and two, as well as certain other eligible licensees,19 filed a final channel election preference.20 Licensees that participated in the third round filed their channel elections (via FCC Form 386) by May 26, 2006. At the close of the third round, the Commission announced 20 TCDs for eligible licensees. 21 The four eligible 14 Public Notice, “DTV Tentative Channel Designations for 1,554 Stations Participating in the First Round of DTV Channel Elections,” 20 FCC Rcd 10983 (MB 2005). 15 By Order released on June 8, 2005, the Media Bureau approved 25 NCAs for the first round and rejected 12 NCAs, sending those 12 licensees to their contingent round one election or, if necessary, to round two. Negotiated Channel Election Arrangements, MM Docket No. 03-15, Report and Order, 20 FCC Rcd 10141, 10142 (MB 2005) (“Round One NCA Order”). 16 Public Notice, “Tentative Digital Channel Designations for Stations Participating in the First Round of DTV Channel Elections and Second Round Election Filing Deadline,” 20 FCC Rcd 15735 (MB 2005) (“First Round TCD PN”). 17 Public Notice, “Tentative Digital Channel Designations for Stations Participating in the Second Round of DTV Channel Elections and Third Round Election Filing Deadline,” DA 06-991 at 2-4 (MB rel. May 5, 2006) (“Second Round TCD PN”). The Commission received two NCAs: one for Philadelphia, Pennsylvania and the other for San Francisco, California. The Commission approved the Philadelphia NCA in full, and the San Francisco NCA in part. 18 Public Notice, “Tentative Digital Channel Designations for Stations Participating in the First and Second Rounds of the DTV Channel Election Process,” DA 06-1082 (MB rel. May 23, 2006). One additional first round TCD was announced in addition to the 75 second round TCDs. 19 Licensees with a TCD were eligible to seek an alternative designation in the third round if they received a TCD for a low-VHF channel (channels 2-6) or if their TCD was subject to international coordination issues which the Commission has been unable to resolve with the Canadian and Mexican governments. Second DTV Periodic Report and Order, 19 FCC Rcd at 18306, ¶ 63. 20 In the third round, we received seven channel elections from stations that did not have a TCD, 14 from stations that had a low-VHF TCD, and one from a station that had an international coordination issue. 21 Public Notice, “Third Round of the DTV Channel Election Process: Tentative Channel Designations,” 21 FCC Rcd 9572 (MB 2006) (“Third Round TCD PN”). Federal Communications Commission FCC 07-138 7 stations without a TCD after the third round were awarded a TCD in the Seventh Further Notice.22 14. In early 2006, while the channel election process was underway, Congress enacted significant statutory changes relating to the DTV transition. Most importantly, the DTV Act established February 17, 2009 as the new hard deadline for the end of the DTV transition and the end of analog transmissions by full power stations.23 The DTV Act does not provide for waivers or extensions of this deadline for cessation of analog broadcasts.24 The DTV Act also requires full power broadcast licensees to cease operations outside the core spectrum after February 17, 2009 in order to make that spectrum available for public safety and commercial wireless users.25 Full-power TV broadcast stations must be operating inside the core TV spectrum and only in digital at the end of the transition on February 17, 2009.26 15. On April 25, 2007, the Commission initiated the Third DTV Periodic Review proceeding.27 The Commission sought comment on a range of proposals intended to ensure that broadcasters complete construction of their final, post-transition (digital) facilities by the February 17, 2009 statutory deadline for completion of the digital transition. Among other things, the Commission tentatively concluded that February 17, 2009 will be the construction deadline for stations that are building digital facilities based on their new channel allotments determined in this Report and Order.28 For these stations, whose pre-transition DTV channel is 22 These four stations are: WABC-TV (New York, New York), WEDH-TV (Hartford, Connecticut), KTFK(TV) (Stockton, California), and KVIE(TV) (Sacramento, California). 23 Section 3002(a) of the DTV Act amends Section 309(j)(14) of the Communications Act to establish February 17, 2009 as the hard deadline for the end of analog transmissions by full-power stations. 47 U.S.C. § 309(j)(14)(A). DTV Act § 3002(b) directs the Commission to “take such actions as are necessary (1) to terminate all licenses for full-power television stations in the analog television service, and to require the cessation of broadcasting by full- power stations in the analog television service, by February 18, 2009; and (2) to require by February 18, 2009, … all broadcasting by full-power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).” 47 U.S.C.A. § 309 Note. 24 Congress originally established a flexible deadline of December 31, 2006 for completing the digital transition, which allowed for exceptions to the deadline. Specifically, prior to the DTV Act, the former 47 U.S.C. § 309(j)(14) provided an exception to the earlier December 31, 2006 transition deadline if the Commission determined that less than 85 percent of the television households in a licensee’s market were capable of receiving the signals of DTV broadcast stations through various means (i.e., via over-the-air reception, cable or satellite, or digital-to-analog conversion technology). 47 U.S.C. § 309(j)(14)(B)(iii) (2005). In the DTV Act, Congress eliminated the statutory provisions authorizing market-specific extensions of the DTV transition, including the 85 percent benchmark for DTV reception. 25 See 47 U.S.C. § 337(e)(1). 26 Id. 27Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, Notice of Proposed Rulemaking, FCC 07-70 (rel. May 18, 2007) (“Third DTV Periodic Review NPRM”). Comments are due by August 8, 2007, and replies by August 23, 2007. Public Notice, “Media Bureau Announces Comment and Reply Comment Dates for the Third DTV Periodic Review NPRM,” MB Docket No. 07- 91, DA 07-3073 (2007). 28 See Third DTV Periodic Review NPRM at ¶ 60. Stations whose pre-transition DTV channel is different from their post-transition channel will be required to file an application for a construction permit for their post-transition (continued….) Federal Communications Commission FCC 07-138 8 different from their post-transition DTV channel, the Commission proposed not to require further construction of the station’s pre-transition DTV channel.29 For stations with a post-transition channel the same as their pre-transition DTV channel, the Commission proposed to require construction be completed six months from the release date of the Construction Deadline Extension Order and Use or Lose Order, or November 18, 2007.30 The Commission also made a number of proposals regarding the procedures and standards applicants must follow in filing applications for facilities specified in the final DTV Table and Appendix B.31 C. Allotment Methodology and Evaluation of Interference Conflicts 16. In the Second DTV Periodic Report and Order, the Commission stated that channel elections would be evaluated after each channel election round in order to identify potential interference conflicts. Interference conflicts were found to exist only where licensees elected channels other than their current DTV channel (e.g., most often when stations elected their NTSC channels).32 17. In developing the proposed DTV Table and Appendix B (which proposed channel assignments, operating facilities, and service information for individual stations), engineering evaluations were generated using computer analysis to determine station service coverage and interference. These evaluations were based on the technical standards and methods set forth in Sections 73.622(e) and 73.623(c) of the Commission’s rules, which (1) define the geographic service area of DTV stations, and (2) provide interference technical criteria for modification of DTV allotments included in the initial DTV Table.33 Specifically, Section 73.622(e) defines a (Continued from previous page) channel following adoption of this Report and Order and once the standards and procedures for processing such applications are finalized in the Report and Order in the Third DTV Periodic Review proceeding. 29 Id. at ¶ 61. The Commission noted that this approach, if adopted, would change the Commission’s previous policy regarding interference protection on the post-transition channel. Id. at ¶ 62-63. In 2004, the Commission established two deadlines by which stations were expected to either replicate or maximize DTV service on their current (pre-transition) DTV channel or lose interference protection to the unserved areas on that channel. See Second DTV Periodic Report and Order, 19 FCC Rcd at 18311-18319, ¶¶ 72-87. By July 1, 2005, top-four network affiliates in the top 100 markets were required to fully replicate or maximize if they will remain on their DTV channel after the transition. If these stations will move to another channel post-transition, they were required to serve at least 100 percent of their replication service population by July 1, 2005. By July 1, 2006, all other stations were required to fully replicate and maximize if they will remain on their current DTV channel after the transition. If they will move to another channel post-transition, they were required to serve at least 80 percent of their replication service population by July 1, 2006. Id. at 18314-18315, ¶ 78. The Commission stated that stations that met the applicable “use-or-lose” deadline and that are going to move to a different channel after the transition would be permitted to carry over their authorized maximized areas to their new channels. Id. at 18317-18318, ¶¶ 85-86. 30 See Order, In the Matter of DTV Build-Out, Applications Requesting Extension of the Digital Television Construction Deadline, FCC 07-91, adopted May 17, 2007 (“Construction Deadline Extension Order”); Order, In the Matter of DTV Build-Out, Requests for Waiver of July 1, 2005 and July 1, 2006 “Use or Lose” Deadlines, Requests for Waiver of the August 4, 2005 “Checklist” Deadline, FCC 07-90, adopted May 17, 2007 (“Use or Lose Order”). Stations with a pending construction permit that extends beyond this deadline have until the date specified on their permit to complete construction. 31 See Third DTV Periodic Review NPRM at ¶¶ 92-96. 32 It was not necessary to determine the amount of interference caused by stations that elected their current DTV channel because operation on those channels would not result in new interference. 33 See 47 C.F.R. §§ 73.622(e), 73.623(c). Federal Communications Commission FCC 07-138 9 DTV station’s service area as the geographic area within the station’s noise-limited F(50,90) contour where its signal is predicted to exceed the noise-limited service level.34 A station’s noise-limited contour is computed using its actual transmitter location, effective radiated power (“ERP”), antenna height above average terrain (“antenna HAAT”), and antenna radiation pattern. Section 73.623(c) sets forth the thresholds of desired-to-undesired (D/U) ratio at which interference is considered to occur. 18. Calculations related to service coverage and interference were based on the terrain-dependent Longley-Rice point-to-point propagation model for predicting the geographic areas and populations served by stations. 35 Interference resulting from co-channel and first adjacent channel relationships were examined in accordance with the interference criteria for DTV allotments specified in Section 73.623(c).36 19. Channel election analysis relied upon a database composed of TV station authorizations to which licensees certified as of November 5, 2004 (the “certification database”), including both analog and digital stations. 37 During the channel election process, the Commission performed interference-conflict analyses in two circumstances: (1) where a station elected a channel that was different from its current DTV channel, and (2) to identify a “best available” channel.38 Values for the ERP and the directional antenna radiation pattern were calculated to allow a station to match its coverage area based on its maximized or replication facilities as certified.39 Here, new interference to post-transition DTV operations was considered interference beyond that caused by existing analog and DTV operations (as set forth in the 34 47 C.F.R. § 73.622(e). The F(50,90) designator indicates that a specified field strength necessary for the provision of DTV service is expected to be available at 50 percent of the locations 90 percent of the time. Id. 35 See 47 C.F.R. §§ 73.622(c) and 73.623(c); See also OET Bulletin No. 69, “Longley-Rice Methodology for Evaluating TV Coverage and Interference,” (Feb. 6, 2004) (“OET Bulletin No. 69”), available at www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf. Under the procedure in OET Bulletin No. 69, the predicted geographic area and population served by a TV station are reduced by any interference it receives from other stations. 36 The computer software used in this work is similar to that used in performing the service coverage and interference evaluations for the initial DTV Table adopted in the Sixth Report and Order and that the Media Bureau has used to evaluate requests for modification of DTV facilities and changes in channel allotments in the initial DTV Table. This software provides analysis of service coverage and interference on both a cumulative and individual- station basis. 37 The certification database was made available in tables attached to the Public Notice, “DTV Channel Election Information and First Round Election Filing Deadline,” 19 FCC Rcd 24141 (MB 2004). This database was used to determine and evaluate: existing DTV service populations; existing interference; and new interference. The Commission stated that this data best reflect current service to viewers while preserving the service areas of currently operational DTV stations. See Second DTV Periodic Report and Order, 19 FCC Rcd at 18294, ¶ 37. 38 See ¶ 22, infra, for a discussion of the process by which “best available” channels were determined. 39 Calculations of new ERP and antenna patterns for stations’ elected channels were performed in the same manner as those performed by the Commission to match DTV facilities to analog facilities; see Sixth Report and Order, 12 FCC Rcd at 14693, app. B. For the purpose of these calculations, an interference conflict was found when it was predicted that more than 0.1 percent new interference would be caused to another station. That is, new interference was considered to constitute a conflict when that new interference affected more than 0.1 percent of the population predicted to be served by the station in the absence of that new interference. Population data from the year 2000 census was used. See Seventh Further Notice, 21 FCC Rcd at 12107, ¶ 21; see also, Second DTV Periodic Report and Order, 19 FCC Rcd 18294, 18302-03, ¶¶ 37-38, 56. Federal Communications Commission FCC 07-138 10 certification database information). Service coverage and interference conflicts were based only on the populations determined to be receiving service and new interference. 40 20. In the Second DTV Periodic Report and Order, the Commission recognized that a special accommodation was necessary if a station with an out-of-core DTV channel elected to operate its post-transition DTV station on its in-core analog channel.41 The Commission stated that the 0.1 percent additional interference limit could be exceeded on a limited basis in order to afford these stations an improved opportunity to select their own NTSC channel. The Commission indicated that such allowance is justified because these licensees have only one in- core option available (i.e., their NTSC channel) and may need this additional accommodation to be able to operate on their in-core channel after the end of the transition.42 Stations that were eligible to participate in the channel election process and that had either an out-of-core DTV channel or no DTV channel (i.e., a singleton with only an in-core analog channel) were permitted to select their in-core NTSC channel for post-transition DTV operation if it would cause no more than 2.0 percent new interference to a protected DTV station.43 Any such stations that certified to their maximized facilities, however, would be permitted to use the 2.0 percent standard only to the extent that the predicted new interference also would not exceed the amount of interference that would have been caused by replication facilities.44 Where post-transition use of its NTSC channel by such a station was predicted to cause interference to a protected station in excess of 2.0 percent of the protected station’s population coverage, the electing station was then made subject to the normal conflict-resolution procedures.45 21. Where a station in round one or round two elected and received a TCD for a DTV channel that was not its current NTSC or DTV channel, the interference potential of that new channel was included in the service coverage and interference evaluations of subsequent elections. That is, new channels elected and tentatively designated in round one under approved NCAs46 were included in the service coverage and interference evaluations of channels elected in 40 See Seventh Further Notice at 12107, ¶ 21. See also, Second DTV Periodic Report and Order, 19 FCC Rcd 18294, 18302-03, ¶¶ 37-38, 56. 41 The Commission’s goal was to facilitate a station’s election of its in-core analog channel if the station did not have an in-core DTV channel. To this end, the Commission recognized that the interference relationships between DTV-to-DTV and NTSC-to-DTV operations are such that a DTV station serving the same geographic area as its associated analog station would have a 1 dB greater interference impact on a co-channel DTV station than it would have had as an analog station and an 8 dB greater impact on an adjacent channel DTV station than it would have had as an analog station, assuming the same coverage and locations for all stations. Thus, DTV operation on a station’s analog channel could result in new interference. Unlike a station that has its DTV channel inside the core, and therefore could avoid this new interference by electing its in-core DTV channel, a station with an out-of-core DTV channel by definition could not elect its DTV channel for post-transition use. A station that did not have an in-core analog channel could not make use of this special accommodation. Second DTV Periodic Report and Order, 19 FCC Rcd at 18302-03, ¶ 56. 42 Id. 43 See Public Notice, “DTV Channel Election: First Round Conflict Decision Extension and Guidelines For Interference Conflict Analysis,” 20 FCC Rcd 13415 (MB 2005); Second DTV Periodic Report and Order, 19 FCC Rcd at 18301-04, ¶ 44, 53-57 (describing conflict analysis). 44 Id. 45 Second DTV Periodic Report and Order, 19 FCC Rcd at 18302-03, ¶ 56. 46 Id. at 18297-98, ¶ 45 (describing NCAs). Federal Communications Commission FCC 07-138 11 rounds two and three. Similarly, channels elected and tentatively designated in round two were included in the service coverage and interference evaluations in round three. 22. In cases where the licensee requested, or was given, a Commission-determined “best available” channel for its station, an ordered approach was used, as follows. First, the station’s possible post-transition operation on each in-core channel was analyzed, including the interference impact and service coverage based on the station’s certified facilities. If there was a channel or channels where the station could operate without causing new interference to another station and provide adequate service, it was given a TCD on that channel. If there was more than one such channel, it was given the lowest channel that was outside of the low-VHF band. In cases where there was no channel that would allow the station to satisfy these criteria when operating at its certified maximized facilities, the station’s possible post-transition operation on each in-core channel at its replication facilities was examined, and then a channel that would result in the minimum amount of new interference to protected stations was selected. In these cases, the objective was to achieve a balance that would minimize the amount of interference that the subject station would cause to and receive from other stations. In every “best available” channel determination, the interference that other stations would receive from the TCD was less than 2.0 percent. 23. Because the final channel allotments can be established only through a rulemaking proceeding, the Commission proposed the new DTV Table as an amendment to Section 73.622 in the Seventh Further Notice in this proceeding, which was released October 20, 2006.47 The proposed DTV Table included a channel for each then-eligible broadcast television station, set forth in the proposed rules and Appendix A to the Seventh Further Notice. The specific technical facilities – ERP, antenna HAAT, antenna radiation pattern, and geographic coordinates at which stations would be allowed to operate – were set forth in Appendix B, as proposed, to the Seventh Further Notice. The proposed Appendix B also included information on service area and population coverage.48 24. The Commission noted that additional pending applications might be granted before an order finalizing the new DTV Table was adopted and stated that, to the extent possible, it would accommodate future new permittees in the proposed new DTV Table.49 Accordingly, the Media Bureau issued a related Public Notice announcing TCDs for six new permittees.50 25. We received more than 200 comments and reply comments in response to the Seventh Further Notice. The vast majority of these comments request specific changes to the proposed DTV Table and/or proposed Appendix B facilities. In general, our goal in reviewing 47 The Seventh Further Notice established January 11, 2007 as the deadline for filing comments and February 12, 2007 as the deadline for filing reply comments. In an Order released January 9, 2007, the Media Bureau extended these filing deadlines to January 25, 2007 for comments and February 26, 2007 for reply comments. See Order Granting Extension of Time for Filing Comments and Reply Comments, MB Docket 87-268, 22 FCC Rcd 188 (MB 2007). 48 See Seventh Further Notice, 21 FCC Rcd at 12149, Appendix B. 49 Id. at 12118. 50 Public Notice, “Revisions to Proposed New DTV Table of Allotments, Tentative Channel Designations To Be Added to the DTV Table of Allotments Proposed in the Seventh Further Notice of Proposed Rule Making in MB Docket No. 87-268,” 22 FCC Rcd 102 (MB 2007) (“New Permittees Public Notice”). Federal Communications Commission FCC 07-138 12 these comments was to accommodate the requests made by commenters to the extent possible consistent with the standards outlined in the Seventh Further Notice, and particularly the 0.1 percent interference standard. We adopted this approach in an effort to expedite finalization of the DTV Table and Appendix B so that stations can complete construction of their post-transition facilities by the statutory deadline for the DTV transition. As we emphasized in the Third DTV Periodic Review NPRM, this statutory deadline is fast approaching and the Commission has no discretion to waive or change this transition date. Full-power television broadcast stations not ready to commence digital operation upon expiration of the deadline for the transition on February 17, 2009 must go dark and risk losing their authorizations to operate after the transition date.51 26. In view of the importance of finalizing post-transition DTV channels and facilities to permit stations to complete their DTV build-out, the Commission reviewed the comments to determine whether the requests for changes were consistent with the standards outlined in the Seventh Further Notice.52 Where the proposed changes to the DTV Table and/or Appendix B are consistent and do not create new post-transition interference to a TCD of more than 0.1 percent, the request is granted. Where the interference standard is not met, and the affected station(s) do not agree to accept the interference, in general we deny the requested change except in limited circumstances. In addition, in circumstances where commenters requested changes prematurely or requested changes that should properly be considered in connection with an application for a construction permit or a modification of construction permit to build a facility identified in the new Table, we deny the request to change the DTV Table and/or Appendix B and direct that these requests be filed following adoption of this Report and Order and the Report and Order in the Third DTV Periodic Review proceeding.53 III. SEVENTH REPORT AND ORDER A. General Issues 27. Most of the comments and reply comments filed in response to the Seventh Further Notice pertained to individual station situations and are discussed in detail, below, and are grouped by the nature of the request. However, several commenters raised general issues and the Association for Maximum Service Television, Inc. (“MSTV”) discussed these general observations in their reply comments. We begin by addressing these observations and general comments. 1. Request to add references to pending applications 28. First, we deny the request of NBC Telemundo and MSTV that we include references to pending applications in the DTV Table so that the facilities will be described in the 51 See Third DTV Periodic Review NPRM at ¶ 16. See also supra ¶ 14. 52 We considered late-filed comments and requests initially raised in reply comments where these comments and requests request minor adjustments or do not cause impermissible interference to other stations. Where late-filed comments request more significant changes that may affect other stations, we raise these comments and requests for comment in the Eighth Further Notice herein. 53 See Section III.F.2, infra. Federal Communications Commission FCC 07-138 13 event the application is granted.54 We decline to add uncertain parameters to the Table or Appendix B. Rather, we are adjusting the Table and Appendix B where appropriate in this proceeding in response to specific requests filed pursuant to the Seventh Further Notice. In paragraph 28 of the Seventh Further Notice, stations were invited to propose modifications to their facilities as certified and described on Appendix B in order to match their authorized or constructed facilities insofar as they differ from their certified facilities. This situation would occur where a modification application was granted in the interim between certification on FCC Form 381 in 2004 and this proceeding.55 For example, as listed below in the discussion of Requests to Make Changes to Certification, NBC Telemundo requested that we revise the parameters for their KDEN-DT facility in Longmont, Colorado to reflect their modified facility.56 Appendix B, as adopted, will reflect these and other changes requested in response to the Seventh Further Notice. 2. Request for a procedure for correcting “minor variances” 29. On a related topic, we deny the request of MSTV and Pappas for a procedure for correcting “minor variances between authorized facilities and built-out facilities.”57 These comments were filed before the Commission adopted the Third DTV Periodic Review NPRM in which we proposed the procedures for filing and reviewing the applications necessary for stations to construct their post-transition facilities.58 We expect that the issues raised by MSTV and Pappas with regard to simplifying procedures for resolving minor differences between the facilities authorized by the Commission and the technical requirements associated with constructing the facilities will be raised and addressed in the Third DTV Periodic Report and Order. Similarly, Pappas expressed concern regarding the difficulty of duplicating the directional pattern designed for a VHF antenna with a UHF directional antenna for stations changing from VHF to UHF channels.59 We appreciate Pappas’ general concern as well as their specific request associated with their station, KUNO-DT in Fort Bragg, California. As described in greater detail below, these issues will be addressed at the application stage when stations will submit the precise parameters they propose to use to construct the facilities in the DTV Table and Appendix B.60 3. Methodology issues 30. We find that the concerns raised by Cohen, Dippell and Everist (“CDE”) about the methodology used to develop the DTV Table are without merit. CDE submitted comments 54 See Reply Comments of Association for Maximum Service Television, Inc. (“MSTV”), filed Feb. 26, 2007, at 2; Comments of NBC Telemundo License Co., filed Jan. 25, 2007, at 4-5. 55 See Seventh Further Notice, 21 FCC Rcd at 12110, ¶¶28-29; see also, Third DTV Periodic Review NPRM at ¶¶ 92-93. 56 See, infra, Appendix D2. 57 See Reply Comments of MSTV at 3; Comments of Pappas Entities, filed Jan. 25, 2007, at 3. 58 See Third DTV Periodic Review NPRM at ¶¶ 92-93. 59 See Comments of Pappas Entities at 3-4. 60 See, infra, Section III.F.2, discussion of proposed application process in “Speculative Requests to Change Appendix B Facilities.” See also Third DTV Periodic Review NPRM at ¶¶ 92-93. Federal Communications Commission FCC 07-138 14 questioning the methodology used to determine service replication.61 MSTV’s reply comments noted that they had not evaluated CDE’s comments but encouraged the Commission to correct any software errors in the event CDE’s concerns were valid.62 We have carefully evaluated CDE comments and find that, contrary to CDE’s understanding of our service replication methodology, where the Commission determined a station’s ERP value, we did not calculate the reference antenna patterns for stations based on terrain data for only 8 radials at 45-degree spacings. As we indicated in the description of our methodology in Appendix B, our calculation was based on 360 uniformly spaced radials. While we do not understand how CDE arrived at this misunderstanding, we clarify here that our software does not interpolate terrain heights for radials between the 8 “cardinal” radials but in fact uses the actual terrain data for each of the 360 one-degree radials. Accordingly, we will not accept an applicant’s request to substitute an ERP and reference antenna pattern that are calculated using a methodology that differs from that used in preparing Appendix B. 4. Use of the 0.1 percent interference standard 31. We reject Bluestone License Holdings (“Bluestone”) challenge to the use of the 0.1 percent interference standard in establishing post-transition operations. Bluestone questioned the Commission’s use of the 0.1 percent standard for new interference in developing the post- transition DTV Table through the channel election process.63 Bluestone contends that the interference standard was inconsistent with other standards used by the Commission in other contexts. As MSTV points out in their reply comments, the 0.1 percent standard, as adopted in the Second DTV Periodic Report and Order, was appropriate for the channel election process, which was establishing post-transition operations.64 The Commission determined that, in the context of the channel election process, interference conflict would constitute an impermissible violation of a station’s responsibility to protect other stations if new interference exceeded 0.1 percent. The 2.0 percent standard, in contrast, was appropriate in the context of pre-transition digital operations.65 In developing the initial DTV Table, the Commission used the 2.0 percent standard to fit DTV stations in the DTV Table while analog stations were also in operation.66 We further note that we have proposed a different standard, 0.5 percent, for DTV-to-DTV interference post transition.67 This 0.5 percent standard, if adopted in the Third DTV Periodic Report and Order, would be used to evaluate proposals starting after the establishment of the final post-transition DTV Table. 61 Comments of Cohen Dippell and Everist, filed Jan. 26, 2007, at 1-3. 62 Reply Comments of MSTV at 3. 63 Comments of BlueStone License Holdings Inc. (“BlueStone”), filed Jan. 25, 2007, at 1-2. 64 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18302-03, ¶ 56; Reply Comments of MSTV at 4; see discussion of 0.1 percent standard, supra ¶ 19. 65 See Sixth MO&O, 13 FCC Rcd at 7450-7451, ¶ 80. 66 See Comments of BlueStone at 4. 67 See Third DTV Periodic Review NPRM at ¶ 104. See also MSTV Reply Comments at 5. Federal Communications Commission FCC 07-138 15 5. AMTS Licensees’ Protection of TV Channels 10 and 13 32. In response to comments filed by Maritime Communications/Land Mobile, LLC (“MC/LM”), we conclude that an Automated Maritime Telecommunications System (“AMTS”)68 licensee must protect TV broadcast licensees and permittees authorized to operate on channels 10 and 13 during the DTV transition’s channel election process. MC/LM filed comments questioning whether an existing AMTS licensee must protect TV broadcast licensees and permittees moving to channels 10 and 13 as part of the DTV transition’s channel election process.69 Paging Systems, Inc., (“PSI”) and Florida West Coast Public Broadcasting (“Florida West”), licensee of NCE station WEDU in Tampa, FL (“WEDU”), filed reply comments and MSTV filed an ex parte on this issue.70 33. We agree with MC/LM and PSI, both AMTS licensees,71 that Section 80.475(a) of the rules governs how AMTS licensees must protect TV broadcast stations.72 As acknowledged by both MC/LM and PSI, AMTS applicants must protect broadcast television stations with existing authorizations to operate on TV channels 10 and 13, whether the broadcast television station is providing analog or digital service.73 Based on the new post-transition DTV Table, it appears that very few stations are moving to new allotments in which they may be affected by existing AMTS licensees.74 To the extent that any station anticipates a problem with respect to coordination with AMTS service, the station may raise the issue with the Media Bureau. 68 AMTS is a specialized system of coast stations in the 217/219 MHz band providing “automated, integrated, and interconnected ship-to-shore communications for tugs, barges, and other vessels on waterways.” 47 C.F.R. § 80.385. The Commission has auctioned a total of 30 AMTS licenses: 20 in the 2004 Auction 57 and 10 in the 2005 Auction 61, each for a ten-year term. 69 See Comments of Maritime Communications/Land Mobile, LLC (“MC/LM”), filed Jan. 11, 2007. 70 See Reply Comments of Paging Systems, Inc. (“PSI”), filed Feb. 23, 2007; Reply Comments of Florida West Coast Public Broadcasting, Inc. (“Florida West”), filed Feb. 26, 2007; and Association for Maximum Service Television, Inc. (“MSTV”) ex parte (dated Apr. 11, 2007). 71 MC/LM obtained its AMTS license in Auction 61. PSI obtained AMTS licenses in both Auction 57 and Auction 61. 72 47 C.F.R. § 80.475(a)(1) provides: “Applicants proposing to locate a coast station transmitter within 169 kilometers (105 miles) of a channel 13 TV station or within 129 kilometers (80 miles) of a channel 10 TV station or with an antenna height greater than 61 meters (200 feet), must submit an engineering study clearly showing the means of avoiding interference with television reception within the grade B contour, see § 80.215(h) of this chapter, unless the proposed station’s predicted interference contour is fully encompassed by the composite interference contour of the applicant’s existing system, or the proposed station’s predicted interference contour extends the system’s composite interference contour over water only (disregarding uninhabited islands).” In addition, the rule requires that applications “must give written notice of the filing of such application(s) [sic] to the television stations which may be affected. A list of the notified television stations must be submitted with the subject applications.” 47 C.F.R. § 80.475(a)(2). See also 47 C.F.R. § 80.215(h) (“. . . no harmful interference will be caused to television reception except that TV services authorized subsequent to the filing of the AMTS station application will not be protected.”) 73 Comments of MC/LM at 2-3; Reply Comments of PSI at 3. 74 Fewer than ten stations have received new DTV allotments on channel 10 or 13 (i.e., the allotment on channel 10 or 13 was not the station’s analog channel). Federal Communications Commission FCC 07-138 16 34. At this time, Florida West, which received a TCD for channel *13 in the proposed DTV Table, is the only licensee that has indicated a potential conflict with AMTS operations.75 Florida West requests assurance that its station, WEDU, will be protected with respect to AMTS licensees.76 We note that AMTS licensees have had to protect WEDU’s predecessor, WTVT, on channel 13 in Tampa,77 and must continue to protect that station through the end of the transition. Accordingly, we conclude that post-transition operation by WEDU on channel 13 in Tampa should not raise new interference issues with respect to AMTS licensees in that area, and therefore allot channel 13 to WEDU in the new DTV Table of Allotments. We note, however, that Section 80.475(a)(1) of the Commission’s rules applies.78 B. Requests for Minor Adjustments 35. We will make a variety of minor adjustments based on requests from commenters. We received comments filed on behalf of 22 stations requesting that we make minor adjustments to the station coordinates specified in the proposed DTV Table Appendix B. We asked licensees to review the accuracy of their information contained in the proposed DTV Table Appendix B and comment on any inaccuracies or discrepancies in this information.79 In some cases, the station requested a change to conform to the coordinates reflected on a station authorization and/or the coordinates of the Antenna Structure Registration (“ASR”)80 for the station’s tower.81 In circumstances where a station submitted a correction to the station’s coordinates, the corrected coordinates are specified on a station license or construction permit, and the requested change did not result in a change of more than three seconds latitude or longitude for the station, we are making the requested correction. Accepting corrections to Appendix B of three seconds or less is consistent with the Commission’s rules, which do not require a construction permit for such a correction before it can be licensed.82 Three seconds of latitude or longitude is approximately 200 to 300 feet. The stations for which we make such a correction are listed in Appendix D1 75 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. Florida West is the licensee of station WEDU, channel *3, and of WEDU-DT, channel *54, Tampa, FL. Channel 13 is an existing NTSC channel allotment, 47 C.F.R. § 73.606(b), which was previously held by station WTVT. MSTV also expressed concern and noted that AMTS licensees must not cause harmful interference to authorized analog and DTV stations on channel 10 or 13. Reply Comments of MSTV at 1-3. 76 Comments of Florida West at 3 (arguing that “viewers of Station WEDU should not be subjected to adjacent- channel AMTS interference”). 77 WTVT, Tampa, FL, which currently operates in analog on channel 13, received its DTV channel 12 for its TCD. 78 Pursuant to 47 C.F.R. § 80.475(a)(1), an AMTS licensee is not permitted to apply for a transmitter site that would interfere with an existing TV station. 79 Seventh Further Notice, 21 FCC Rcd at 12105-6, ¶ 16. 80 Part 17 of the FCC’s rules sets forth antenna structure registration procedures for antenna structures that pose a potential hazard to aircraft. The registration of an antenna structure that affects air navigation is a pre-condition to FCC licensing of radio facilities at a particular site. See 47 C.F.R. Part 17. 81 See e.g., Comments of Northern California Public Broadcasting, Inc. (KQED, San Francisco, CA), filed Jan. 25, 2007; Comments of Waitt Broadcasting, Inc. (KMEG, Sioux City, IA), filed Jan. 19, 2007. 82 See 47 C.F.R. § 73.1690(b)(2). See also Comments of Pappas Entities, filed Jan. 25, 2007, at 3 (suggesting that the Commission resolve minor variances between facilities as constructed versus facilities as authorized with a procedure modeled after 47 C.F.R. § 73.1690). Federal Communications Commission FCC 07-138 17 hereto and the changes requested by those stations are reflected in DTV Table Appendix B adopted herein. 36. We also received comments filed on behalf of stations requesting modification of the proposed DTV Table Appendix B in the Seventh Further Notice either to express a station’s geographic coordinates in tenths of seconds in addition to the currently listed degrees, minutes, and seconds or to round to the nearest whole second rather than merely truncate the data. One such commenter argued that precision is important as even a small change in location data could have an impact on interference studies in light of the 0.1 percent interference standard.83 We note that a tenth of a second latitude or longitude is equivalent to approximately 10 feet. 37. We find it is appropriate to round to the nearest whole second because the resources necessary to collect more precise data and revise the computer software that generates the Table would not be justified by the small difference in physical location. For those commenters that have requested a correction of their station coordinates and provided us with station coordinates expressed to the tenth of a second, we have revised DTV Table Appendix B to round the coordinates to the nearest whole second. The stations for which such a change is made are included in the list of stations in Appendix D1 herein. C. Requests to Make Changes to Certification 38. We are permitting changes to stations’ facility certifications (FCC Form 381) based on appropriate demonstrations from these stations where such changes are consistent with the circumstances contemplated in the Seventh Further Notice. In paragraph 28 of the Seventh Further Notice, the Commission recognized that some stations have already constructed or received authorization to construct facilities on the station’s TCD that provide service to areas that extend beyond that to which the station certified on FCC Form 381.84 Because the interference protection provided during the channel election process was limited to the facilities to which the station certified in FCC Form 381, the Commission noted that stations serving or authorized to serve areas beyond their certified area could become subject to interference in those areas.85 The Commission stated that it would permit stations in this situation to file comments proposing to modify their certified facilities to match their authorized or constructed facilities.86 Stations requesting such a change were required either to (1) submit an engineering analysis demonstrating that the proposed change to their certified facilities would not result in interference in excess of 0.1 percent to any licensee’s existing TCD or (2) submit the signed, written consent of every affected licensee.87 The Commission also stated that stations in these circumstances seeking a change in their certification would be required to accept interference from any channel election already approved.88 83 See Comments of NBC Telemundo License Co., filed Jan. 25, 2007, at 2-3 (KVEA, Corona, CA; KWHY, Los Angeles, CA; and WSCV, Fort Lauderdale, FL). 84 Seventh Further Notice, 21 FCC Rcd at 12110, ¶ 28. 85 Id. 86 Id. These changes, if approved, would be changes to the facilities reflected on DTV Table Appendix B. 87 Id. at 12110, ¶ 29. 88 Id. Federal Communications Commission FCC 07-138 18 1. Requests That Meet the Interference Criteria 39. We will permit stations to change their facility certifications (FCC Form 381), and thus our post-transition DTV Table Appendix B, where such stations have demonstrated that such modification of their facilities will conform to licensed or authorized facilities and where the proposed change to the Appendix B facilities either meets the interference criterion discussed above (i.e., the proposed change would not result in interference in excess of 0.1 percent to any licensee’s existing TCD) or, as discussed further below, the station affected agreed to accept the interference. We received comments on behalf of 130 stations requesting such changes. We have made the changes requested by these commenters and the changes are reflected in the revised DTV Table Appendix B adopted herein. A list of the stations for which we made these changes is attached hereto in Appendix D2. 89 To address the requests of those commenters in this group whose stations are moving to a different channel for post-transition service, we recalculated their post-transition DTV coverage area based on their authorized or licensed DTV facility, as indicated by the file number shown in Appendix D2. 40. In some cases, stations listed in Appendix D2 request changes to the DTV Table/Appendix B that differ from the facilities specified in a current authorization for the station on the post-transition channel.90 In these circumstances, we have revised DTV Table Appendix B to specify the station’s authorized facilities. The following paragraphs describe three situations that merit additional explanation. 41. KBCW, San Francisco, CA. San Francisco Television Station KBCW, Inc. (“KBCW”), licensee of station KBCW, channel 44, and KBCW-DT, channel 45, San Francisco, CA, received channel 45 for its TCD in the proposed DTV Table. 91 In comments filed on behalf of KBCW, CBS Corporation (“CBS”) requests a change to conform to the parameters of KBCW’s licensed facilities on Channel 45.92 CBS states that, along most azimuths, the currently licensed digital facilities of KBCW exceed those resulting from the replication facilities assigned to the station in the proposed DTV Table Appendix B. CBS states that an interference study shows that the requested KBCW parameters would cause in excess of 0.1 percent new interference only to the digital operation of KQCA, Stockton, California. According to CBS, KQCA currently receives 0.46 percent interference from KBCW-DT’s presently licensed operation and would continue to do so after the transition if KBCW-DT keeps its existing facilities. CBS submitted an agreement in which KQCA agrees to accept this interference. In light of the interference agreement submitted by CBS, we will accept the requested change to the 89 Christian Faith Broadcast, Inc., licensee of WGGN-DT, Sandusky, OH, digital channel 42, is included on Appendix D2 based on its request to reduce power from 1000 kw to 700 kw to avoid causing more than 0.1 percent new interference. See Christian Faith Broadcast, Inc., ex parte (dated July 10, 2007), at 2. The licensee should also file an application to modify its CP to match the reduced power. 90 WMEI, Arecibo, PR has notified us of their intent to relinquish their construction permit for their pre-transition DTV facility in order to flash cut directly from analog to digital operation. See Public Notice, “DTV Transition – Approval of “Flash Cut” Requests, “ 22 FCC Rcd 7581 (MB 2007). Accordingly, we treat WMEI herein as a singleton station, determine replication based on the station’s analog facility, and grant WMEI’s request to change Appendix B to reflect the current WMEI analog transmitter site. See Appendix D2, infra; see also Comments of CMCG Puerto Rico License LLC, filed Jan. 25, 2007. 91 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 92 See Comments of CBS Corporation, filed Jan. 25, 2007, at 6-8. Federal Communications Commission FCC 07-138 19 parameters for KBCW to conform to its authorized and operating facilities. These changes are reflected in the revised DTV Table Appendix B adopted herein. 42. KALO, Honolulu, HI. Pacifica Broadcasting Company (“Pacifica”), licensee of station KALO(TV), channel 38, and KALO-DT, channel *10, Honolulu, HI, received channel 10 for its TCD in the proposed DTV Table.93 In a late-filed comment, Pacifica noted its concern that it may not be able to operate at its applied-for power level on channel 10 because it will cause an unacceptable level of interference to the FCC monitoring station at Waipahu.94 To address this anticipated difficulty, Pacifica has proposed a reduced ERP of 14.275 kW.95 This power level is less than the authorized power of the facility,96 but the reduction is necessary to prevent interference with our nearby monitoring facility. We have studied the proposed power and find that it does not cause impermissible interference to any station. We accept KALO’s proposal and the DTV Table Appendix B has been revised accordingly. 43. WPPB, Boca Raton, FL. The School Board of Broward County (“SBBC”), licensee of WPPB-TV, channel *63, and permittee of WPPB-DT, channel *40,97 Boca Raton, FL, received channel *40 for its TCD in the proposed DTV Table.98 In comments filed to this proceeding, SBBC supports the proposed allotment of channel *40, but asks to change its 93 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. See also Report and Order, Amendment of Section 73.622(B), Table of Allotments, Digital Television Broadcast Stations, MB Docket No. 04-192, 19 FCC Rcd 23604 (2004) (DA 04-3815, rel’d Dec. 7, 2004) (granting substitution of *10 for *39 and power of 25 kW and HAAT of 577 meters). 94 See Pacifica ex parte comments (dated July 27, 2007). 95 Pacifica also submitted an earlier ex parte request to swap post-transition channels with Oceania Christian Church, licensee of station KUPU(TV), ch 56 and KUPU-DT, ch 38, in Waimanalo, HI, but subsequently withdrew this proposal and reverted to its TCD on 10, thus leaving KUPU unchanged. See Pacifica ex parte comments (dated July 20, 2007) at 2; and ex parte comments (dated July 27, 2007). 96 See Report and Order, DA 04-3815, 19 FCC Rcd 23604. 97 SBBC was originally allotted channel *44 for WPPB-DT, but the Commission approved SBBC’s request to substitute channel *40 for *44, see 47 C.F.R. § 73.622(b), and recently affirmed this decision in disposing of an Application for Review (opposing this channel substitution) filed on July 1, 2005 by Sherjan Broadcasting Company, Inc. (“Sherjan”), licensee of Class A station WJAN-CA, Channel 41. See Amendment of Section 73.622(b), Table of Allotments, Digital Television Broadcast Stations. (Boca Raton, Florida), MM Docket No. 00- 138, RM-9896, 17 FCC Rcd 7114 (MB 2002) (“Boca Raton Allotment Order”) (approving the substitution of DTV channel *40 for station WPPB-DT’s assigned channel *44); Memorandum Opinion and Order, 17 FCC Rcd 23528 (MB 2002) (“Reconsideration Order”) (dismissing petition for reconsideration and affirming channel substitution); Memorandum Opinion and Order, 20 FCC Rcd 9783 (MB 2005) (“Further Reconsideration Order”) (dismissing “further” petition for reconsideration and affirming channel substitution); Memorandum Opinion and Order, FCC 07-137, adopted Aug. 1, 2007, not yet released (dismissing application for review and affirming channel substitution). 98 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. SBBC’s election of channel *44 was proper because the channel election process permitted a station to elect a channel if an NPRM had been issued with respect to a channel change (as was the case here). See Second DTV Periodic Report and Order, 19 FCC Rcd at 18307-08, ¶ 67 and 18279 (Channel election form 382 provides: “Pending Channel Change Requests. Licensees for which the Commission has issued a Notice of Proposed Rulemaking with respect to a channel change request may elect the new channel proposed in the NPRM.”) Federal Communications Commission FCC 07-138 20 certified facilities and DTV Table Appendix B to reflect facilities authorized by the Commission in 2002.99 No other comments were filed related to this TCD. 44. SBBC’s request to change WPPB’s DTV channel from *44 to *40 was approved in the 2002 Boca Raton Allotment Order.100 In that order, WPPB-DT, channel *40, was authorized to operate at maximized facilities, including an ERP of 1000 kW and an antenna HAAT of 310 m.101 However, SBBC certified in its FCC Form 381102 for maximized facilities as authorized by its existing construction permit for DTV channel *44.103 SBBC explained in its FCC Form 381 that it did this because the channel substitution decision was challenged by a petition for reconsideration and, thus, not deemed “final.”104 In its FCC Form 381, SBBC also stated its intention to certify for maximized facilities at the new channel *40 allotment when the channel substitution became final.105 SBBC subsequently filed an application in 2006106 to conform its new DTV channel *40 allotment to those facilities specified in the 2002 Boca Raton Allotment Order. 45. The proposed post-transition DTV Table now shows WPPB’s new DTV channel *40.107 We hereby revise DTV Table Appendix B herein to reflect the facilities authorized by the 2002 Boca Raton Allotment Order. This change does not result in more than 0.1 percent new interference to any station. WPPB’s requested certification change is to facilities expressly authorized to the station in 2002, and the station expressed its intent to certify to these facilities in its Form 381 filing. 2. Requests By Operating Stations That Do Not Meet Interference Criteria 46. We will permit stations that are already operating their final, post-transition DTV facilities to change their facility certifications (FCC Form 381), and thus our post-transition DTV Table Appendix B, to reflect those facilities, even though such operations will exceed the 0.1 percent interference standard. Eight stations requested changes to the proposed DTV Table Appendix B to reflect operating facilities where we have determined that the interference caused to the TCD of another licensee exceeds the 0.1 percent interference standard and there is no interference agreement with the affected station(s). In several cases, the Commission granted 99 See Comments of The School Board of Broward County (“SBBC”), filed Jan. 25, 2007. 100 See Boca Raton Allotment Order, 17 FCC Rcd at 7116, ¶ 6. 101 Id. 102 See FCC File No. BCERET-20041101AFT (filed Nov. 2, 2004) (WPPB’s FCC Form 381, certifying to maximized facilities as authorized by FCC File No. BPEDT-19991028ACM). 103 See Comments of SBBC at 1. See also FCC File No. BPEDT-19991028ACM (filed Nov. 6, 2000) (WPPB’s construction permit for channel *44, which includes an ERP of 565 kW and an antenna HAAT of 311 m). 104 See Comments of SBBC at 1. 105 See id. at 1-2. 106 See FCC File No. BMPEDT-20060705ACF (filed July 6, 2006) (application to modify WPPB-DT’s facilities to reflect channel *40 allotment). 107 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. Federal Communications Commission FCC 07-138 21 pending applications for these stations after certification. 108 In other cases, as discussed further below, we have permitted stations to change their certification from replication to maximization, thereby potentially causing more interference to other stations than would have been permitted for the facilities to which the station originally certified.109 47. While these stations are requesting changes to the parameters proposed in the Seventh Further Notice in situations where the level of interference exceeds the relevant standard, we find that they have met their burden of demonstrating that their special circumstances justify a waiver.110 We therefore grant the requested changes. In each case, the changes are being requested for stations that are already operating their final, post-transition DTV facilities. We believe it is unnecessary and unfair to require these already-operational facilities to reduce service. Indeed, as these stations are already providing service at the requested parameters, it is in the public interest to allow them to continue to do so. In addition, none of the stations receiving the interference filed an opposition to the station requesting the change. 48. Following is a brief discussion of the stations requesting changes to reflect their operating facilities and the relevant circumstances that support our grant of their requests: 49. KTBN, Santa Ana, CA. Trinity Christian Center of Santa Ana, Inc. (“Trinity”), licensee of station KTBN-TV, channel 40, and KTBN-DT, channel 23, Santa Ana, CA, received channel 23 for its TCD in the proposed DTV Table.111 Trinity requests that the parameters for KTBN in the proposed DTV Table Appendix B be changed to reflect those of the facility currently licensed in BLCDT-20050729AFT.112 The Commission’s interference analysis shows that KTBN’s licensed facility causes 0.75 percent interference to KBEH, Oxnard, California (analog channel 63, digital channel 24 for both pre- and post-transition).113 50. WICS, Springfield, IL. WICS Licensee, LLC (“WICS Licensee”), licensee of station WICS, channel 20, and WICS-DT, channel 42, Springfield, IL, received channel 42 for 108 See, e.g., WICS, Springfield, Illinois (application granted July 26, 2005); WKDH, Houston, Mississippi (application granted June 5, 2006); WTEN, Albany, New York (application granted Aug. 2005); WUTV, Buffalo, NY (application for modification of CP to resolve international coordination issue granted June 27, 2005). These applications were analyzed using the 2 percent new interference standard applied to applications for pre-transition operations, see 47 C.F.R. § 73.623(c)(2), rather than the 0.1 percent new interference standard applied during the channel election process for post-transition operations. 109 See, e.g., WLMB, Toledo, OH; KOCE, Huntington Beach, CA; and WLLA, Kalamazoo, MI. For KTBN, Santa Ana, CA we are changing the certification to correct the station’s mistake in citing the incorrect application on its Form 381 certification. In addition, cumulative changes to station parameters made over the course of establishing the final DTV Table may also affect the level of interference caused to other stations. 110 The Commission may waive its rules when good cause is demonstrated. 47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied 409 U.S. 1027 (1972). 111 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 112 See Comments of Trinity Christian Center of Santa Ana, Inc., filed Jan. 10, 2007, at 3. 113 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. This commenter also states that the licensee has a pending Petition for Rulemaking to operate on Channel 33 and requests that the parameters specified in that petition ultimately be allotted to this station. Id. As discussed further in Section III.F.2., infra, requests to conform DTV Appendix B to facilities that are not yet authorized are premature. If the pending Petition for Rulemaking is granted, KTBN can apply at that time for authority to operate on Channel 33. Federal Communications Commission FCC 07-138 22 its TCD in the proposed DTV Table.114 Sinclair Broadcast Group, Inc. (“Sinclair”), the parent company of WICS Licensee, requests that the parameters for WICS in the DTV Table Appendix B be changed to reflect those of the licensed facility BLCDT-20050627AAI.115 The Commission’s interference analysis shows that the WICS licensed facility causes 0.43 percent interference to WICD, Champaign, Illinois (analog 15, post-transition digital channel 41). 51. WUTV, Buffalo, NY. WUTV Licensee, LLC (“WUTV Licensee”), licensee of station WUTV, channel 29, and permittee of WUTV-DT, channel 14, Buffalo, NY, received channel 14 for its TCD in the proposed DTV Table.116 Sinclair Broadcast Group Inc., parent company of WUTV Licensee, requests that the parameters for WUTV in the DTV Table Appendix B be changed to reflect those of the licensed facility BLCDT-20060829BGK.117 The Commission’s interference analysis shows that the WUTV licensed facility causes 8.45 percent interference to the TCD on Channel 14 of a new analog singleton in Bath, New York (call sign 870331LW).118 We note that, in its license application, WUTV indicated it would employ antenna beam tilting to protect the Bath station from interference and that the WUTV license specifies beam tilting. 119 52. WKDH, Houston, MS. Southern Broadcasting Inc. (“Southern”), licensee of singleton station WKDH, channel 45, Houston, MS, received channel 45 for its TCD in the proposed DTV Table.120 Southern requests that the parameters for WKDH in the DTV Table Appendix B be changed to reflect the parameters specified in its construction permit BPCDT- 20060519ABE.121 WKDH is now operating pursuant to program test authority. The Commission’s interference analysis shows that WKDH causes 0.34 percent interference to WPXH, Gadsden, Alabama (analog channel 44, digital channel 45 for both pre- and post- transition).122 114 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 115 See Comments of Sinclair Broadcast Group, Inc. (“Sinclair”), filed Jan. 25, 2007, at 1 and Exhibit 1. 116 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 117 See Sinclair Comments at 1 and Exhibit 1. 118 See FCC File No. BPCT - 19870331LW, (granted Apr. 23, 2004). This station’s analog facility is not yet constructed. 119 See FCC File No. BLCDT – 20060829BGK (granted Nov. 20, 2006). We also note that the level of interference predicted to be caused by co channel digital-digital operation often exceeds the interference predicted for co-channel analog-digital operation. Thus, while WUTV-DT’s pre-transition operation on channel 14 was subject to the 2 percent new interference standard of 47 C.F.R. § 73.623(c)(2) vis a vis the Bath station’s proposed analog facility on channel 14, the level of predicted interference caused by WUTV to Bath’s co channel digital operation is more than 8 percent. As WUTV elected to stay on its current DTV channel for post-transition operation, its operation on that channel was not subject to interference analysis. See supra ¶ 16. 120 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 121 See Comments of Southern Broadcasting, Inc. (“Southern”), filed Jan. 25, 2007, at 2-3 and attachment C. Southern also filed a late comment stating its belief that WKDH’s antenna identification and orientation were also incorrect in Appendix B. See Comments of Southern Broadcasting, Inc., filed Mar. 16, 2007. The request to base all of WKDH’s Appendix B parameters on its authorized and operating DTV facilities is granted. 122 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. Federal Communications Commission FCC 07-138 23 53. WTEN, Albany, NY. Young Broadcasting, Inc. (“Young”), licensee of station WTEN, channel 10, and WTEN-DT, channel 26, Albany, NY, received channel 26 for its TCD in the proposed DTV Table.123 Young requests that the parameters for WTEN in the DTV Table Appendix B be changed to reflect the parameters of the station’s license BLCDT- 20060104ACC.124 The Commission’s interference analysis shows that the WTEN licensed facility causes 3.24 percent interference to WHPX, New London, Connecticut (analog channel 26, post-transition digital channel 26) and 1.39 percent interference to WFXV, Utica, New York, (analog channel 33, digital channel 27 for both pre- and post-transition).125 54. WLMB, Toledo, OH. Dominion Broadcasting, Inc., (“Dominion”), licensee of station WLMB, channel 40, and WLMB-DT, channel 5, Toledo, OH, received channel 5 for its TCD in the proposed DTV Table.126 Dominion requests that the parameters for WLMB in the DTV Table Appendix B be changed to reflect those of the licensed facility BLCDT- 20050201AAF.127 Dominion failed to timely file a certification on FCC Form 381 for WLMB specifying whether it would construct replication or maximization facilities, and consequently WLMB was assigned replication facilities in the proposed DTV Table Appendix B. 128 The Commission noted that forty-one stations, including WLMB, did not timely file a certification form, and stated that it would permit these licensees to file comments proposing a change to their certification to specify maximized facilities for which they would have been allowed to certify.129 Dominion requests that its certification for WLMB be modified to specify the maximized facilities that Dominion has now constructed and that the Commission has licensed.130 The Commission’s interference analysis shows that the WLMB licensed facility causes 2.04 percent interference to WGVK, Kalamazoo, Michigan (analog channel 52, digital channel 5 for both pre- and post-transition).131 55. KOCE, Huntington Beach, CA. KOCE-TV Foundation (“KOCE Foundation”), licensee of noncommercial educational station KOCE, channel *50-, and KOCE-DT, channel *48, Huntington Beach, CA, received channel *48 for its TCD in the proposed DTV Table.132 KOCE Foundation requests that the parameters for KOCE in the proposed DTV Table Appendix B be changed to reflect those of the licensed facility BLEDT-20041117ADG.133 KOCE 123 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 124 See Comments of Young Broadcasting, Inc., filed Jan. 25, 2007, at 1. 125 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 126 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 127 See Comments of Dominion Broadcasting, Inc. (“Dominion”), filed Jan. 9, 2006, at 2. 128 Certifications were due to be filed by November 5, 2004. See, supra, ¶ 8 and note 12. 129 Seventh Further Notice, 21 FCC Rcd at 12110, ¶ 28 and n. 60 (A request was filed on behalf of WLMB(TV) that we waive the freeze and filing deadlines to accept their untimely maximization certification). 130 See Comments of Dominion at 2. 131 We note that, for purposes of calculating interference for pre-transition operations, the FCC employed rounding such that interference of 2.04 percent would have been rounded down to 2 percent. 132 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 133 See Comments of KOCE-TV Foundation, filed Jan. 25, 2007, at 2. Federal Communications Commission FCC 07-138 24 Foundation failed to timely file a certification on FCC Form 381 for KOCE specifying whether it would construct replication or maximization facilities, and consequently KOCE was assigned replication facilities in the proposed DTV Table Appendix B. 134 This situation is similar to WLMB, paragraph 54, supra. The Commission noted that KOCE also did not timely file a certification form and stated that it would permit this licensee to file comments proposing a change to its certification to specify maximized facilities for which it would have been allowed to certify.135 KOCE Foundation requests that its certification for KOCE be modified to specify KOCE-DT’s licensed, maximized facilities.136 The Commission’s interference analysis shows that the KOCE licensed facility causes 0.24 percent new interference to KAZA, Avalon, CA (analog channel 54, digital channel 47 for both pre- and post-transition). 56. WLLA, Kalamazoo, MI. Christian Faith Broadcast, Inc. (“Christian Faith”), licensee of station WLLA, channel 64, and WLLA-DT, channel 45, Kalamazoo, MI, received channel 45 for its TCD in the proposed DTV Table.137 Christian Faith failed to timely file a certification on FCC Form 381 for this station.138 Stations that did not file certifications were assigned replication facilities for purposes of the Commission’s channel election process and interference evaluation.139 On October 31, 2005, Christian Faith filed a request for acceptance of a late-filed certification on behalf of WLLA specifying maximization facilities authorized for that station.140 The proposed DTV Table Appendix B did not reflect this requested certification change.141 Christian Faith subsequently filed comments in response to the Seventh Further Notice requesting a change in the proposed DTV Table to reflect its construction permit for maximized facilities for this station.142 On May 29, 2007, Christian Faith filed a license application for WLLA for these maximized facilities.143 The authorized and operating maximized facilities of 134 Certifications were due to be filed by November 5, 2004. See, supra, ¶ 8 and note 12. 135 Seventh Further Notice, 21 FCC Rcd at 12110, ¶ 28 and n. 60 (A request was filed on behalf of KOCE-TV that we waive the freeze and filing deadlines to accept their untimely maximization certification). 136 See Comments of KOCE-TV Foundation at 3.. 137 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 138 Id. 139 Id. 140 Supplement to Petition to Accept Late-Filed FCC Form 381 of Christian Faith Broadcast, Inc., filed Oct. 31, 2005, at 7. 141 On March 3, 2006, the Video Division of the FCC’s Media Bureau issued a letter granting “limited relief” to Christian Faith for WLLA. See Letter from Barbara A. Kreisman, Chief, Video Division, Media Bureau to Christian Faith Broadcast, Inc., c/o Joseph M. Di Scipio, DA 06-519. Specifically, the Commission agreed to permit WLLA to construct authorized maximized facilities and agreed to protect those facilities “to the extent that they do not create interference to stations that have received DTV channel designations in rounds 1 and 2 of the DTV election process.” The Commission subsequently determined, however, that the maximization facilities specified by Christian Faith for WLLA exceeded the maximum permissible interference of 0.1 percent to DTV facilities elected in rounds 1 and 2. Accordingly, in the Seventh Further Notice, the Commission specified replication facilities in the proposed DTV Table Appendix B for WLLA. 142 See Comments of Christian Faith Broadcast, Inc., filed Jan. 25, 2007. 143 See FCC File No. BLCDT-20070529AEA. On May 29, 2007, Christian Faith also requested that the Commission waive the 0.1 percent interference limit for WLLA. See Joseph M. Di Scipio ex parte (dated May 29, 2007) at 2. Federal Communications Commission FCC 07-138 25 WLLA cause 2.11 percent new interference to WZPX, Battle Creek, Michigan (analog channel 43, digital channel 44 for both pre- and post-transition) and 0.79 percent new interference to WDIV, Detroit, Michigan (analog channel 4, digital channel 45 for both pre- and post- transition). 57. For the reasons discussed in paragraph 47, supra, we hereby grant the changes requested for these eight stations and these changes are reflected in the DTV Table Appendix B adopted herein. 3. Requests By Non-Operational Stations That Do Not Meet Interference Criteria 58. Comments were filed on behalf of two stations requesting changes to the proposed DTV Table Appendix B to reflect authorized facilities where we have determined that the interference caused to another licensee’s existing TCD exceeds the 0.1 percent interference standard, there is no interference agreement with the affected station(s), and the station requesting the change is not operational.144 One of these stations, WTCV, San Juan, PR, has not met its burden to demonstrate that special circumstances justify a waiver, and we therefore deny its request to change DTV Table Appendix B. Unlike the stations discussed in Section III.C.2, supra, this station has not completed construction and begun DTV service to the public. We do not believe it is appropriate to change the facilities specified in DTV Table Appendix B where the station requesting the change does not meet the applicable interference standard and is not yet providing service to the public. We note that this station could apply in the future for a modification to specify maximized facilities. Any such application would be subject to interference criteria and other standards adopted in the Third DTV Periodic Review Report and Order. As discussed further below, for one station, WMFD, Mansfield, Ohio, we will grant the request to change DTV Table Appendix B because this station has obtained international coordination for its authorized facility. 59. WTCV, San Juan, PR. International Broadcasting Corporation (“IBC”), licensee of station WTCV, channel 18, and WTCV-DT, channel 32, San Juan, PR, received channel 32 for its TCD in the proposed DTV Table.145 IBC states in its comments that it originally intended to operate its post-transition DTV transmitter from its current analog tower but was forced to change sites because of difficulties in obtaining tower space at its original site for its digital facilities.146 According to IBC, after lengthy negotiations with the tower site owner, Puerto Rico Telephone Company, “it became clear that the tower structural requirements imposed at the time made the project economically unfeasible.”147 IBC therefore certified to an authorized construction permit for a different site with substantially reduced facilities. In its comments IBC states that it has recently solved the difficulties of obtaining tower space to operate from its currently authorized analog site and has filed an application for a construction permit to operate 144 In addition, WGGN, Sandusky, OH, initially requested a change that would exceed the 0.1 percent interference standard. On July 10, 2007, WGGN submitted ex parte comments modifying its original request for increased power so that it will not exceed the 0.1 percent interference standard. See Christian Faith Broadcast, Inc. ex parte (dated July 10, 2007) at 2. See supra Section III,C.1., discussion of requests that meet the interference criteria. 145 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 146 See Comments of International Broadcasting Corporation, filed Jan. 25, 2007, at 3. 147 Id. Federal Communications Commission FCC 07-138 26 from this site. 148 This application was pending at the time IBC filed its comments in response to the Seventh Further Notice but has now been granted.149 IBC requests a change in the proposed DTV Table Appendix B to specify the parameters of the construction permit application that was pending at the time IBC’s comments were filed and that has now been granted. IBC states that the proposed change in site and technical facilities will enable WTCV to serve an additional 318,230 viewers. However, the WTCV facilities requested by IBC would cause 1.49 percent new interference to WSJU-TV, San Juan, Puerto Rico (analog channel 30, post-transition digital channel 31) and WTCV is not currently operational. As the facilities requested by IBC would cause new interference in excess of the 0.1 percent interference standard and the station is not yet providing service to the public, we will deny IBC’s request to change DTV Table Appendix B. 60. WMFD, Mansfield, OH. Mid-State Television, Inc., (“Mid-State”), licensee of station WMFD-TV, channel 68 and WMFD-DT, channel 12, Mansfield, OH, received channel 12 for its TCD in the proposed DTV Table.150 Mid-State certified to a then-pending maximization application that had not yet been authorized due to international coordination issues. Mid-State states that, when it filed its pre-election certification, it indicated that it intended to operate with the facilities specified in the then-pending modification application, but that the application remained subject to international coordination.151 After certification, the application was amended to resolve the international coordination issues and subsequently was granted in July 2005.152 The proposed DTV Table Appendix B specifies the facilities to which Mid-State certified. Mid-State requests that DTV Table Appendix B be changed to reflect the facilities specified in its July 2005 construction permit. The facilities requested by Mid-State would cause 1.13 percent interference to WINM, Angola, Indiana (analog channel 63, post- transition digital channel 12) and 0.44 percent interference to WBOY, Clarksburg, West Virginia (analog channel 12, post-transition digital channel 12). Neither of the affected stations filed comments opposing WMFD’s proposed change to Appendix B. 61. We will grant Mid-State’s request and change DTV Table Appendix B accordingly. This change is reflected in the DTV Table Appendix B attached hereto. The change requested by Mid-State is the result of a negotiated solution with Canada to resolve international coordination issues that prohibit operation of the facility proposed in the application pending at the time of certification and to which Mid-State certified on FCC Form 381.153 The Commission has recognized that stations facing international coordination issues face unique challenges in completing the digital transition.154 As the result of a modification to a Canadian DTV allotment, WMFD states that it is precluded from constructing the facilities listed in the proposed DTV 148 Id. at 4. 149 See FCC File No. BPCDT - 20070125AAX (granted Feb. 21, 2007). 150 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 151 See Comments of Mid State Television, Inc., filed Jan. 19, 2007, at 3. 152 See FCC File No. BPCDT-20040526ABT (granted July 15, 2005). 153 The Commission must obtain concurrence by the Canadian government for any proposed allotments located within 400 kilometers of the U.S.-Canadian border, and by the Mexican government for any proposed allotments located within 275 kilometers of the U.S.-Mexican border. See Seventh Further Notice, 21 FCC Rcd at 12117, ¶ 48. 154 See, e.g., Second DTV Periodic Report and Order, 19 FCC Rcd at 18310, ¶ 71 and 18295, ¶ 39. Federal Communications Commission FCC 07-138 27 Table Appendix B. If we were to deny the change requested by Mid-State, WMFD would be required to identify a new facility and re-commence the process of obtaining international coordination for that facility. Because of the unique circumstances faced by WMFD, a station that is already providing digital service to the public and seeks to improve that service, we believe that grant of the requested change to DTV Table Appendix B is warranted and will serve the public interest. D. Requests for Modified Coverage Area 62. We will grant requests filed on behalf of 30 stations whose post-transition DTV channel is different from their pre-transition DTV channel to change the coverage area in the proposed DTV Table Appendix B. In general, these commenters argue that the facilities specified in the proposed DTV Table Appendix B do not permit the station to provide service to the area served by the station’s analog facility.155 63. In the creation of the initial Table of Allotments, DTV channels were chosen to allow service on the channel to best match the Grade B service contour of the analog station with which it was paired.156 Implementation of this replication goal requires a combination of transmitter site, ERP, directional antenna characteristics, and antenna height that is adequate to cover at least the same area as was served by the analog station. In the Sixth Report and Order in this docket, however, the Commission determined that the maximum permissible power for all allotments in the initial DTV Table would be 1000 kW.157 For some stations whose analog channel was in the VHF band and whose initial DTV channel was in the UHF band, an ERP of 1000 kW was not sufficient to permit replication of the station’s analog service.158 64. On FCC Form 381, the Commission permitted stations the choice of certifying to operate their post-transition DTV station based on: 1) a current station authorization; 2) a pending application for maximization that had not been authorized due to a pending international coordination issue;159 or 3) replication facilities.160 Stations certifying to replication facilities that 155 The Commission determined replication coverage based on the service provided by the station’s DTV facilities established in Appendix B of the 1998 Second MO&O, supra note 5. See also Second DTV Periodic Report and Order, 18314-18315, ¶ 78; Instructions to FCC Form 381, Item 1(c). 156 See Sixth Report and Order, 12 FCC Rcd at 14605, ¶¶ 29-30. 157 See Sixth Report and Order, 12 FCC Rcd at 14605, ¶ 30. 158 In recognition of this problem, the Commission adopted a note to Section 73.622(e)(2) of its rules, which protects stations with a UHF DTV channel in the initial DTV Table whose assigned power is 1000 kW by defining the station’s protected DTV service area as the Grade B contour of the associated analog television station. The note to that provision provides: NOTE TO PARAGRAPH (e)(2): During the transition, in cases where the assigned power of a UHF DTV station in the initial DTV Table is 1000 kW, the Grade B contour of the associated analog television station, as authorized on April 3, 1997, shall be used instead of the noise-limited contour of the DTV Station in determining the DTV station’s service area. In such cases, the DTV service area is the geographic area within the station’s analog Grade B contour where its DTV signal strength is predicted to exceed the noise-limited service level, i.e., 41 dB, as determined using the Longley-Rice methodology. 47 C.F.R. § 73.622(e)(2). 159 See Second DTV Periodic Report and Order, 18314-18315, ¶ 78; Instructions to FCC Form 381, Item 1(c). Federal Communications Commission FCC 07-138 28 had not changed their DTV channel since the 1998 DTV Second MO&O had their replication facilities based on the facilities established in Appendix B of the Second MO&O.161 65. Several commenters argue that, because of the 1000 kW maximum imposed in the Sixth Report and Order, the Commission’s decision to base replication during the channel election process on the station’s initial DTV facilities established in the Second MO&O rather than the station’s analog facilities resulted in the Commission proposing parameters in the DTV Table Appendix B that do not permit the station to replicate the analog service area.162 In other cases, stations filed comments requesting a change to the parameters in the proposed DTV Table Appendix B to modify the station’s coverage area to permit replication of the station’s analog coverage area where the station was not subject to the 1000 kW maximum imposed in the Sixth Report and Order. These stations, returning to their analog channel for post-transition operations, commented that the proposed DTV Table Appendix B facilities would not permit replication of the station’s analog Grade B contour.163 For stations returning to their analog channel, this discrepancy between the proposed Appendix B parameters and the analog coverage area may have been due to translation discrepancies that occurred over a series of engineering calculations used to determine replication.164 In other cases, stations simply requested an increase in power or a change to the station’s antenna pattern to permit the station to serve more of the area served by the station’s analog facilities.165 66. In response to the comments filed on behalf of these stations, we have recalculated Appendix B facilities based on replicating the analog coverage that was used to determine their initial DTV table facilities. If the recalculation would result in a reduction in the Appendix B facilities, we are adopting herein the larger Appendix B facilities that we had initially proposed in the Seventh Further Notice.166 If the recalculation would result in a larger (Continued from previous page) 160 Eligible licensees and permittees without a DTV channel allotment were permitted to certify that they would operate their post-transition DTV station based on a currently authorized NTSC license or construction permit. See FCC Form 381, item 1(d). 161 See Instructions to FCC Form 381, Item 1(c). The Commission indicated that stations that had changed their DTV channel since the DTV Second MO&O would have their replication facilities based on the facilities established by the relevant Report and Order for that station. Second DTV Periodic Report and Order, 18314-18315, ¶ 78 162 See, e.g., Comments of Hoak Media, LLC, filed Jan. 25, 2007, at 3-7 (KMOT, Minot, ND; KHAS, Hastings, NE; KNOP, North Platte, NE); Comments of Walt Disney Company, filed Jan. 25, 2007 (WPVI, Philadelphia, PA). 163 See, e.g., Comments of Tanana Valley Television Company, filed Jan. 22, 2007 (KFXF, Fairbanks, AK); Comments of the University of Alaska, filed Jan. 18, 2007 (KUAC, Fairbanks, AK); Comments of Georgia Public Telecommunications Commission, filed Jan. 25, 2007 (WVAN, Savannah, GA). 164 Some of the discrepancies may have been due to the use of different propagation models for determining analog TV contours (F(50, 50) curves) and DTV contours (F(50, 90) curves). The variations may be enlarged when calculated facilities are in a different frequency band (low VHF, high VHF, or UHF) than the facility that is being replicated. 165 See, e.g., Comments of Red River Broadcast Co., LLC, filed Jan. 25, 2007 (KJRR, Jamestown, ND) (requesting modification of the azimuth pattern to a directional pattern more suited for a VHF frequency); Comments of BlueStone License Holdings Inc., filed Jan. 25, 2007 ( KTVM, Butte, MT; KCFW, Kalispell, MT; and KECI, Missoula, MT; WCYB, Bristol, VA) (arguing that these stations were allotted very low power in the proposed DTV Table Appendix B). 166 The stations whose Appendix B facilities are not being changed are: KBRR, Thief River Falls, MN; KNRR, Pembina, ND; KRCR, Redding, CA; KXFX, Fairbanks, AK; WGAL, Lancaster, PA; and WMAE, Booneville, MS. Federal Communications Commission FCC 07-138 29 coverage area and our analysis indicates that the recalculated facilities (1) meet the 0.1 percent interference standard specified in the Second DTV Periodic Report and Order or (2) would cause more than 0.1 percent new interference but the affected station(s) agree to accept the interference,167 we are granting the request to change DTV Appendix B to reflect the larger coverage area. These stations are listed in Appendix D3 and the revised parameters for these stations are reflected in the revised DTV Table Appendix B, infra. There were no comments filed opposing these requested changes. 67. We believe that permitting these changes to the proposed DTV Table is consistent with our overall goal in the DTV transition of encouraging replication of analog service.168 One of the Commission’s objectives throughout the transition has been to permit broadcasters to reach with digital service the audiences they have been serving with analog service so that viewers will continue to have access to the stations that they are accustomed to receiving over the air.169 We believe that the revisions requested by the stations listed in Appendix D3 will serve the public interest by permitting those stations to provide digital service to more of their established analog viewers. 68. In addition, three stations requested changes to the proposed DTV Table Appendix B to increase the station’s coverage area, but our recalculations of the Appendix B facilities and the subsequent interference analysis show that the requested change would result in interference that would exceed the 0.1 percent interference standard adopted in the Second DTV Periodic Report and Order and the affected station has not agreed to accept this interference. We deny the requests of these stations, as described in greater detail below. None of them are requesting changes to reflect DTV facilities they are operating or are authorized to operate. Consistent with our decisions above, we decline to change the facilities specified in DTV Table Appendix B where the station requesting the change does not meet the applicable interference standard and is not yet providing service to the public.170 We note, however, that each of these stations must file an application for authority to construct its post-transition facility, and at that time may be able, consistent with the procedures ultimately adopted in the Third Periodic Review proceeding, to specify facilities in that application that more closely approach the parameters requested in their comments. Following is a list of these stations and a description of their individual circumstances. 69. WEDU, Tampa, FL. Florida West Coast Public Broadcasting, Inc. (“FWCPB”), licensee of NCE station WEDU, channel *3, and WEDU-DT, channel *54, Tampa, FL, received 167 With respect to WVAN, Savannah, GA, our interference analysis shows that the changes proposed for that station would cause 0.21 percent new interference to WXGA, Waycross, GA. However, WXGA has agreed to accept this interference. See Georgia Public Telecommunications Commission ex parte (dated June 20, 2007); see also, Comments of Georgia Public Telecommunications Commission, filed Jan. 25, 2007 regarding WVAN, Savannah, GA. 168 We note that WSTE, Ponce, PR (analog channel 7, pre-transition digital channel 8, post-transition digital channel 7) currently employs boosters to broadcast their analog signal throughout their coverage area. See Comments of Siete Grande Television, Inc. (filed Jan. 25, 2007). We are revising WSTE's parameters in Appendix B so that the station can replicate its analog coverage, and the Bureau is instructed to process, and grant as appropriate, the applications that will permit WSTE to continue serving its coverage area with its digital signal. 169 Second DTV Periodic Report and Order, 19 FCC Rcd at 18311, ¶ 72. 170 See, supra, ¶ 58. Federal Communications Commission FCC 07-138 30 channel *13 for its TCD in the proposed DTV Table.171 FWCPB requests that the proposed DTV Table Appendix B be revised to specify omnidirectional facilities for WEDU at an ERP of 40 kW.172 The Commission’s interference analysis based on recalculated Appendix B facilities shows that WEDU would cause 1.16 percent new interference to WTLV, Jacksonville, Florida (analog channel 12, post-transition digital channel TCD channel 13). 70. WGTV, Athens, GA. Georgia Public Telecommunications Commission (“GPTC”), licensee of NCE station WGTV, channel *8, and permittee of WGTV-DT, channel *12, Athens, GA, received channel *8 for its TCD in the proposed DTV Table.173 GPTC requests that the proposed parameters in DTV Table Appendix B be changed to permit WGTV to increase power and operate with an omnidirectional antenna.174 The Commission’s interference analysis based on recalculated Appendix B facilities shows that WGTV would cause 0.19 percent new interference to WCIQ, Mount Cheaha, Alabama (analog channel 7, post-transition digital channel 7). 71. KOED, Tulsa, OK. Oklahoma Educational Television Authority (“OETA”), licensee of NCE station KOED-TV, channel *11, and KOED-DT, channel *38, Tulsa, OK, received channel *11 for its TCD in the proposed DTV Table.175 OETA requests that DTV Table Appendix B be revised to reflect an increase in antenna height for KOED.176 The Commission’s interference analysis based on recalculated Appendix B facilities shows that the KOED would cause 0.16 percent new interference to KTUL, Tulsa, Oklahoma (analog channel 8, post-transition digital channel 10). E. Requests for Alternative Channel Assignments 72. We will grant certain stations’ requests for an alternative channel assignment, consistent with our proposal in the Seventh Further Notice. In paragraph 25 of the Seventh Further Notice, the Commission stated that it would consider requests for alternative channel assignments only from the following: (1) licensees unable to construct full, authorized DTV facilities177 on the TCDs that they requested and received because, in order to avoid causing impermissible interference to other TCDs and still obtain their preferred channel, they had to agree to construct facilities on their TCD that are smaller than those to which they had certified 171 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 172 See Comments of Florida West Coast Public Broadcasting, Inc., filed Jan. 24, 2007, at 4. 173 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 174 See Comments of Georgia Public Telecommunications Commission, filed Jan. 25, 2007, at 2 and Engineering Exhibit. 175 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 176 See Reply Comments of Oklahoma Educational Television Authority and Request for Acceptance of Late-Filed Pleading, filed Mar. 1, 2007, at 2-3. Although we deny this request on the grounds of impermissible interference, we also note that, because the request was filed later than the deadline for comments in this proceeding, affected stations were not afforded a full opportunity to respond. 177 The term “full, authorized DTV facilities” refers to the original facilities certified by the licensee in its FCC Form 381. The Commission stated in the Seventh Further Notice that it would not preclude requests for alternative channel assignments from licensees that modified their certified facilities after receiving a conflict letter in the first and second channel election rounds. Seventh Further Notice, 21 FCC Rcd at 12109, ¶ 25, n.49. Federal Communications Commission FCC 07-138 31 on FCC Form 381;178 (2) licensees with international coordination issues which the Commission has been unable to resolve with the Canadian and Mexican governments;179 (3) licensees with TCDs for low-VHF channels (channels 2-6); and (4) new licensees and permittees that attained such status after the start of the channel election process and to which we assigned a TCD for post-transition DTV operations because their assigned NTSC or DTV channel was determined to cause impermissible interference to existing licensees. The Commission stated that licensees that want to change their DTV allotment, but which are not in any of these categories (e.g., are technically able to construct their full, authorized DTV facilities on their existing TCD) may request a change in allotment only after the DTV Table is finalized and must do so through the existing allotment procedures.180 73. The Commission stated that any request for an alternative channel assignment must either meet the 0.1 percent additional interference standard or be accompanied by a request for a waiver of the 0.1 percent limit or the signed written consent of the affected licensee. The Commission stated that it would grant waivers of the 0.1 percent limit where doing so would promote overall spectrum efficiency and ensure the best possible service to the public, including service to local communities.181 74. We received comments filed on behalf of 22 stations requesting a change in the channel assigned to the station for post-transition operation in the proposed DTV Table. For 13 of these stations, we will grant the requested channel change. A list of the stations for which we are granting an alternative channel appears in Appendix D5, infra,182 and we have revised the DTV Table for these stations accordingly.183 For each of these stations, we believe that the circumstances described by the station are consistent with one or more of the criteria for consideration of alternative channel assignments outlined in the Seventh Further Notice.184 178 The Commission stated in the Seventh Further Notice that it would consider only engineering demonstrations and not requests based on financial or other reasons. Id. at n.50. 179 See also Section III.C.5., infra ¶ 103. 180 Seventh Further Notice, 21 FCC Rcd at 12109, ¶ 25 (citing 47 C.F.R. § 1.420). See also Third DTV Periodic NPRM at ¶ 103-112 (proposing interference criteria for evaluating petitions for rulemaking requesting a new DTV allotment post-transition). 181 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18307, ¶ 65 and Seventh Further Notice, 21 FCC Rcd at 12109, ¶ 26. 182 See Appendix D5, infra. 183 See Appendices A and B. 184 One of the requests for a new channel that we are granting herein was opposed. CBS Broadcasting, Inc., licensee of station WBBM-TV, channel 2, and WBBM-DT, channel 3, Chicago, IL, received channel 11 for its TCD in the proposed DTV Table. See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. CBS Corporation (“CBS”), requests the substitution of Channel 12 for Channel 11 in the DTV Table. See Comments of CBS Corporation, filed Jan. 25, 2007. Quincy Broadcasting Company and WREX Television, LLC state in reply comments that this proposed channel substitution would cause 0.6 percent new interference to WREX, Rockford, Illinois and 0.8 percent new interference to WINM, Angola, Indiana. See Joint Reply Comments of Quincy Broadcasting Company and WREX Television, LLC, filed Feb. 26, 2007, engineering statement at 4. WREX states that, should the channel change be deemed acceptable by the Commission, WREX would work to resolve any conflict with WBBM. Id., engineering statement at 5. CBS filed supplemental comments in this proceeding disputing the Quincy/WREX interference analysis. See Supplemental Comments of CBS Corporation, filed Mar. 14, 2007. We have analyzed the interference using extensively tested computer software techniques, and our analysis shows that the requested (continued….) Federal Communications Commission FCC 07-138 32 Furthermore, none require waiver of the 0.1 percent interference standard, because they either do not exceed that limit or have acquired the agreement of the affected station(s).185 75. For two stations, we deny the request for an alternative channel assignment.186 According to the Commission’s interference analysis, the new channels requested by these stations cause interference to another station in excess of the 0.1 percent standard and there is no agreement with the affected station accepting this interference. As discussed below, we decline to waive our interference limit for these stations. Following is a brief discussion of these two stations and the relevant circumstances. 76. KCWX, Fredericksburg, TX. Corridor Television LLP, Inc., (“Corridor”), licensee of singleton station KCWX, channel 2, Fredericksburg, TX, received channel 5 for its TCD in the proposed DTV Table.187 Corridor requests the substitution of channel 8 for its TCD of channel 5.188 Corridor recognizes that the allotment of channel 8 to KCWX would require a waiver of the 0.1 percent interference standard, but argues that grant of a waiver would contribute to clearing the lower VHF band so that it can be used for other purposes.189 In addition, Corridor states that it serves viewers in a rural area that rely more heavily on overthe- air signals and that channel 8 would result in fewer signal reception difficulties for these viewers than channel 5. Corridor also argues that operation on channel 8 would reduce its operating costs. 190 (Continued from previous page) channel substitution for WBBM would not cause new interference in excess of the 0.1 percent interference standard. We have considered the analysis offered in the Quincy/WREX pleadings, but we note that it may be based on an incorrect method of interference calculation. We are confident that the result of our interference analysis is correct and accurately reflects the interference conditions that are expected to be present among stations. See ¶¶ 18-20, supra, for description of methodology used. Accordingly, as reflected in Appendix D5 and the DTV Table Appendix B adopted herein, we grant the WBBM request. 185 Our engineering analysis does show that one of the requests we are granting herein causes new interference. Colorado Public Television, (“CPT”), licensee of NCE station KBDI-TV, channel *12 and permittee of KBDI-DT, channel *38, Broomfield, CO, received channel *38 for its TCD in the proposed DTV Table. See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. CPT requests the substitution of Channel *13 for Channel *38 for KBDI. The Commission’s engineering analysis shows that this substitution would cause 1.17 percent new interference to KTNE, Alliance, NE. However, KTNE has agreed to accept this interference. See Colorado Public Television ex parte (dated June 21, 2007) at 1. Accordingly, we grant the requested substitution. We note that the Commission recently denied KBDI’s request for a waiver of the July 1, 2006 “use or lose” deadline on the ground that KBDI did not submit a showing claiming financial hardship. See Use or Lose Order, supra note 30, at ¶ 121. In that Order, the Commission stated that KBDI would lose interference protection to the unused portion of the applicable replication/maximization coverage area and the ability to carry over interference protection to the station’s unserved DTV service area on the post-transition channel. Id. at ¶ 123. CPT filed a petition for reconsideration of the Use or Lose Order decision. See Petition for Reconsideration of Colorado Public Television, MB Dockets No. 03-15, 87- 268, filed June 18, 2007. 186 An additional licensee, Gilmore Broadcasting Corporation, filed reply comments requesting an alternative channel assignment for WEHT, Evansville, Indiana. See Reply Comments of Gilmore Broadcasting Corporation, filed Feb. 26, 2007. Because this request was raised in reply comments, thereby not affording affected stations a full opportunity to comment, we address this request for WEHT in the Eighth Further Notice herein. 187 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 188 See Comments and Waiver Request of Corridor Television LLP, filed Jan. 9, 2007. 189 Id. at 3. 190 Id. at 3-4. Federal Communications Commission FCC 07-138 33 77. Corridor argues that, with respect to new channel allotments after the transition, the Commission proposed to utilize an interference protection requirement based on engineering criteria (e.g., permissible interference), rather than geographic spacing, and to use an interference standard of 0.5 percent.191 Corridor argues that this proposed standard should be given significant weight in considering requests to waive the 0.1 percent standard in connection with the TCD selection process. The Commission’s interference analysis shows that the requested change would cause 0.79 percent interference to KTBC, Austin, Texas (analog channel 7, post- transition digital channel 7) and 0.47 percent interference to NCE station KLRN, San Antonio, Texas (analog channel 9, post-transition digital channel 9). KTBC License, Inc., licensee of KTBC, filed an opposition to Corridor’s request to waive the 0.1 percent interference limit.192 In addition, Alamo Public Telecommunications Council, licensee of KLRN, filed an opposition to Corridor’s request, also arguing that Corridor should not receive a waiver of the 0.1 percent interference standard.193 78. We note that the 0.5 percent standard is only a proposal and a different standard could be adopted.194 Moreover, the new interference caused to KTBC, 0.79 percent, not only significantly exceeds the current 0.1 percent interference standard applied to channel substitution requests, it also exceeds even the proposed 0.5 percent standard. In view of the significant level of impermissible interference caused by the proposed KCWX channel substitution, we decline to waive our interference limit in this situation. We do not believe that a waiver in these circumstances would promote overall spectrum efficiency or ensure the best possible television service to the public or the local community. 79. WMYT, Rock Hill, SC. WMYT-TV, Inc., (“WMYT”), licensee of station WMYT-TV, channel 55, and permittee of WMYT-DT, channel 39, Rock Hill, SC, received channel 39 for its TCD in the proposed DTV Table.195 WMYT requests the substitution of Channel 46 for its TCD of Channel 39.196 WMYT argues that Channel 46 is fully spaced to other stations, while Channel 39 is short-spaced to two stations. WMYT also argues that the station would cause less interference on Channel 46 at its preferred ERP than it does at the lower assigned ERP on Channel 39. In addition, WMYT states that operation on Channel 46 would permit it to serve up to 500,000 additional viewers. The Commission’s interference analysis shows that the requested change would cause 0.64 percent new interference to WYCW, Asheville, NC (analog 62, post-transition digital channel 45).197 191 See Comments of Corridor Television LLP, filed June 12, 2007, at 5 (citing Third DTV Periodic Review NPRM at ¶¶ 104,105). 192 See Opposition of KTBC License, Inc. to Comments and Waiver request of Corridor Television LLP, filed July 24, 2007. 193 See Comments of Alamo Public Telecommunications Council, filed June 27, 2007, at 4. 194 See Third DTV Periodic Review NPRM at ¶ 104. 195 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 196 See Comments of WMYT-TV, Inc., filed Jan. 25, 2007. 197 WVVA Television, Inc. filed reply comments opposing the WMYT channel change request on the ground that it would cause new interference to WVVA, Bluefield, West Virginia in excess of the 0.1 percent interference threshold. See Reply Comments of WVVA Television, Inc., filed Feb. 26, 2007. However, the Commission’s (continued….) Federal Communications Commission FCC 07-138 34 80. In view of the level of interference caused to WYCW, we do not believe it is appropriate to waive our interference standard in this situation. The level of interference caused is far in excess of the applicable 0.1 percent standard. In addition, the new interference caused to WYCW of 0.64 percent exceeds even the 0.5 percent new interference standard we proposed apply to new channel allotments after the transition.198 As we concluded with respect to the proposed channel substitution of KCWX, supra,199 in view of the significant level of impermissible interference that would be caused by the WMYT request we do not believe that a waiver of our interference standard would promote our overall spectrum efficiency or ensure the best service to the public. F. Additional Requests to Change Appendix B Facilities 1. Antenna Information 81. We deny the requests of certain stations seeking to add antenna identification numbers to the proposed post-transition DTV Table Appendix B. Several stations requested that we change the proposed DTV Table Appendix B to include such antenna identification numbers.200 In developing the proposed post-transition DTV Table Appendix B, we did not include any antenna identification number for stations operating with an omnidirectional antenna. An omnidirectional antenna provides the same power level in every azimuthal direction and antenna identification numbers are only used for directional antennas in order to determine the different power levels in each direction. Accordingly, where stations request the addition of an antenna identification number to Appendix B, we will not make that change if our database indicates that the station is authorized for an omnidirectional antenna. 82. In addition, Scripps Howard Broadcasting requests that we change Appendix B for KNXV, Phoenix, Arizona and WCPO, Cincinnati, Ohio to reflect an antenna pattern value of “1” for 110 degrees.201 Trinity Broadcasting of Indiana, Inc. makes a similar request for WCLJ, Bloomington, Indiana.202 The channel allotments for KNXV and WCLJ are based on the use of omnidirectional antennas, so we will delete the antenna identification number in Appendix B for these stations. For WCPO, the correct 110 degree value of 1 was used when we generated Appendix B and we will correct the antenna pattern in the FCC’s CDBS database. Finally, Griffin Tulsa II Licensing, LLC requests that we change Appendix B for KQCW, Muskogee, OK to reflect a relative field value of “0.958” instead of “0.096” in the reference pattern at 280 degrees.203 We have made this change and it is reflected on Appendix B, infra. (Continued from previous page) interference analysis shows that the WMYT channel change request would not exceed this interference limit. As we deny the WMYT request on other grounds, we will not address further the WVVA reply comments. 198 Third DTV Periodic Review NPRM at ¶ 104. 199 See, supra, ¶ 76. 200 See 17 stations listed on Appendix D6, infra. 201 See Comments of Scripps Howard Broadcasting Company, filed Jan. 25, 2007. 202 See Comments of Trinity Christian Center of Santa Ana, Inc., Jacksonville Educators Broadcasting, Inc., Trinity Broadcasting of Indiana, Inc., and National Minority TV, Inc., filed Jan. 25, 2007. 203 See Comments of Griffin Tulsa II Licensing, LLC, filed Jan. 25, 2007. Federal Communications Commission FCC 07-138 35 2. Speculative Requests to Change Appendix B Facilities 83. We reject the premature or incomplete requests of certain stations seeking changes to their facilities as proposed in the post-transition DTV Table Appendix B when these changes pertain to speculative future events or could best be accomplished through the upcoming application process. These requests are not for modifications of the coverage area as defined by the proposed DTV Table Appendix B to match authorized or licensed coverage. Instead, these stations comment that they may be unable to serve the coverage area, which is described in the proposed DTV Table Appendix B, on their post-transition channel due to differences in station parameters on the new channel or different equipment the station would like to use.204 These are changes that should be requested in an application to construct or modify post-transition facilities on the new channel filed consistent with the procedures and standards for such applications adopted in the Third DTV Periodic Review proceeding,205 including compliance with the filing freeze and interference standard.206 84. Commenters notified the Commission of possible future changes to the parameters for 13 stations.207 In general, these commenters anticipate filing requests for changes to station parameters in the future, but do not yet have all of the information necessary to request changes at this time.208 In addition, in cases where a station certified to replication facilities or will not use its current DTV channel for post-transition operations, some stations comment that they may not be able to construct the precise facilities specified in the proposed DTV Table 204 For example, stations returning to their analog channel have requested that the Commission recalculate their station parameters in Appendix B now based on parameters that will be different for use of the analog channel for digital service (such as the HAAT of the analog antenna). See, e.g., Comments of Twin Cities Public Television, Inc. (“Twin Cities”), filed Jan. 25, 2007 at 4; Comments of Prime Time Christian Broadcasting, Inc. (“PTCB”), filed Jan. 25, 2007, at 1. 205 See 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538; and proposed post-transition application rules and procedures; Third DTV Periodic Review NPRM at ¶¶ 92-93. 206 See discussion of freeze and interference standard ¶ 7 note 11 supra. 207 See Comments of Pappas Entities, filed Jan. 25, 2007, at 4-5 (relating to station KSWT-DT, Yuma, AZ) and at 6 (relating to station KDBC-DT, El Paso, TX); Comments of Mission Broadcasting Inc. (“Mission”), filed Jan. 25, 2007, at 6-7 (relating to station KJTL-DT, Wichita Falls, TX) and at 10 (relating to WFXP-DT, Erie, PA); See Comments of Twin Cities, at 3 (relating to NCE station KTCI-DT, St. Paul, MN); Comments of The Arizona Board of Regents (“Arizona Board”), filed Jan. 25, 2007, at 1 (relating to NCE station KAET-DT, Phoenix, AZ); Comments of Barrington Peoria License LLC (“Barrington Peoria”), filed Jan. 25, 2007, at 1 (relating to NCE station WHOI-DT, Peoria, IL); Comments of the Board of Trustees of Northern Michigan University (“Northern Michigan”), filed Jan. 10, 2007, at 2 (relating to NCE station WNMU-DT, Marquette, MI); Comments of Puerto Rico Public Broadcasting Corporation, filed Jan. 25, 2007 (relating to station WIPR-DT, San Juan, PR); Comments of PTCB at 1 (relating to station KPCB-DT, Snyder, TX, whose proposed post-transition DTV Appendix B facilities accurately reflect the coverage of the KPCB certified construction permit); Comments of CBS Corporation (“CBS”), filed Jan. 25, 2007, at 4 (relating to station KCBS-DT, Los Angeles, CA); and Comments of Tribune Broadcasting Company (“Tribune”), filed Jan. 29, 2007, at 5 (relating to stations WGNO-DT and WNOL-DT, New Orleans, LA). See also note 219 and note 221, infra. 208 See, e.g., Comments of Pappas Entities at 4-5 (stating intent to duplicate its analog facilities for KSWT-DT) and at 6 (speculating possible need for new site for KDBC-DT); Comments of Mission at 6-7 and at 10 (stating future intent to modify KJTL-DT and WFXP-DT); and Comments of Tribune at 3 (stating intent to apply for different facilities not yet determined for WGNO-DT and WNOL-DT, both of which were destroyed by Hurricane Katrina). On July 23, 2007, Tribune filed an ex parte specifying the new parameters for these stations. See Tribune ex parte (dated July 23, 2007). Federal Communications Commission FCC 07-138 36 Appendix B.209 In general, these stations note that, while the station seeks to serve the same coverage area on the post-transition channel as defined by the facilities specified in Appendix B, the station will operate with different equipment and/or other parameters on the channel than those specified in Appendix B.210 We find that these speculative or incomplete requests are not yet ripe for Commission action. If and when these stations need to request changes to station parameters and have full information regarding the nature of the changes, the station should file a request following the procedures appropriate for the change requested. 85. In response to these premature or speculative requests to modify facilities, we refer commenters to our discussion in the Third DTV Periodic Review NPRM concerning the rules and procedures for filing applications for construction permits to build stations’ post- transition (DTV) facilities and to request authorization to maximize facilities.211 We remind stations that they must file construction permit or modification applications (i.e., FCC Form 301 or 340) if they need to request authority to construct or modify their post-transition facilities.212 Moreover, in the Third DTV Periodic Review NPRM, the Commission proposed that stations must limit their applications to those facilities specified in the new DTV Table Appendix B and that applications requesting facilities that would serve a larger area than stations’ new DTV Table Appendix B facilities would not be accepted.213 Stations that wish to apply for reduced facilities may do so, but must comply with the reduction standard ultimately adopted in the Third DTV Periodic Report and Order.214 86. The appropriate rules, procedures and timing for filing these applications will depend on whether the station will be using its current DTV channel or another channel for post- transition operations. Stations KSWT-DT, KDBC-DT, KJTL-DT and WFXP-DT will use their current DTV channel for post-transition operations.215 These stations, and others that seek to modify their facility on their current DTV channel, may file an application at any time, provided they comply with the relevant interference standard and do not violate the filing freeze. In 209 For example, Pappas Entities, which certified to replication facilities for KSWT-DT, argues in its comments that it is virtually impossible for a VHF directional antenna to duplicate exactly the directional pattern originally designed for a UHF antenna. As noted in ¶ 29, supra, this issue was addressed in the Third DTV Periodic Review NPRM at ¶¶ 92-93 (proposing post-transition application rules and procedures). 210 See, e.g., Comments of Twin Cities at 3 (stating intent to use another station’s existing antenna for KTCI-DT); Comments of Arizona Board at 1 (stating intent to use its analog channel’s existing antenna for KAET-DT); Comments of Barrington Peoria at 1 (stating intent to use its analog channel’s existing top-mounted antenna site for WHOI-DT); Comments of Northern Michigan at 2 (stating intent to use its analog channel’s existing antenna site for WNMU-DT); Comments of PTCB at 1 (stating intent to use its analog channel’s parameters for KPCB-DT); and Comments of CBS at 4 (stating intent to use another station’s parameters for KCBS-DT). 211 See Third DTV Periodic Review NPRM at ¶¶ 92-93. 212 See 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538. 213 See Third DTV Periodic Review NPRM at ¶ 93. 214 The Third DTV Periodic Review NPRM has proposed that if a station is unable to build precisely the facilities specified in the new post-transition DTV Table Appendix B, then it must apply for facilities that reduce by no more than five percent from those Appendix B facilities with respect to predicted population. See Third DTV Periodic Review NPRM at ¶ 94. For example, PTCB may apply for reduced facilities for KPCB at the appropriate time. See PTCB Comments at 1. 215 See Appendix A. Federal Communications Commission FCC 07-138 37 response to Pappas Entities’ request for clarification on this issue,216 we note that the filing freeze does not preclude the filing of an application to modify a construction permit to specify facilities listed for the station in the post-transition DTV Table Appendix B. Accordingly, Pappas can file for modification based on current rules and procedures and does not need a waiver of the freeze. However, to the extent that Pappas seeks a change in its post-transition DTV facilities that would result in an expanded or shifted coverage area, such a change would violate the filing freeze and Pappas must wait until the freeze is lifted to make such a request. 87. Stations KTCI-DT, KAET-DT, WHOI-DT, WNMU-DT, KPCB-DT, WIPR-DT, and KCBS-DT will use a different channel from their current DTV channel for post-transition operations.217 These stations, and others that seek to use their analog channel or a new channel for post-transition operations, may not file an application to construct their post-transition facilities until the final post-transition rules and procedures are established by the Report and Order in the Third DTV Periodic Review proceeding.218 We recognize that these stations may need to request different parameters from those specified in the post-transition DTV Table Appendix B, even though these stations are not seeking to change the coverage area of their post- transition channel. These stations should address this situation in their applications for their post-transition channels. If a station that is moving to a different channel for post-transition use determines that the parameters necessary to serve the coverage area specified in the post- transition DTV Table Appendix B differ from those specified in the post-transition DTV Table Appendix B, it should apply for those changes in its application. The Commission will evaluate those applications using the interference standard and other processing standards adopted in the Third DTV Periodic Report and Order. 88. We note that some commenters have asked for changes to the proposed post- transition DTV Table Appendix B facilities to conform to specific parts of their licensed or authorized facilities.219 Although we are allowing stations to change their certifications and post- transition DTV Table Appendix B facilities to reflect an existing license or authorization,220 216 Comments of Pappas Entities at 4-5. Pappas seeks guidance on how to modify its construction permit for KSWT-DT to make it reflect the facilities listed in the post-transition DTV Table Appendix B, consistent with the filing freeze. 217 See Appendix A. 218 Third DTV Periodic Review NPRM at ¶ 94. 219 For example, NJPBA is asking to change the transmitter site coordinates of NCE station WNJT-DT, Trenton, NJ to reflect those granted in the station’s DTV license, FCC File No. BMPEDT-20030224AAF; however, it does not ask to change all of its facilities to match its DTV license. See Comments of New Jersey Public Broadcasting Authority (“NJPBA”), filed Jan. 25, 2007, at 2 and n.1. Similarly, Ebenezer Broadcasting Group, Inc. asks to change the coordinates of WIDP-DT, Guayama, PR to match those of the site currently authorized in its DTV construction permit, FCC File No. BPCDT-19991029AHA, but does not ask to change all of the parameters in Appendix B to match that DTV CP. See Comments of Ebenezer Broadcasting Group, Inc., filed February 23, 2007. In addition, Pappas Telecasting of Central Nebraska, L.P. asks to change the coordinates for KWNB, Hayes Center, NE to conform to the coordinates specified in the construction permit for KWNB-DT, FCC File No. BPCDT- 19991101AIJ, but does not ask to change all of the Appendix B parameters to match that construction permit. See Comments of Pappas Entities, filed January 25, 2007, at 2, 5-6. 220 See Section III.C., supra. Federal Communications Commission FCC 07-138 38 stations must conform to all portions of that license or authorization and may not choose various parts of that license or authorization.221 89. WGNO and WNOL, New Orleans, LA. Tribune Television New Orleans, Inc. (“Tribune”), licensee of station WGNO, channel 26, and permittee of WGNO-DT, channel 15, New Orleans, LA, received channel 26 for its TCD in the proposed DTV Table.222 Tribune is also the licensee of station WNOL, channel 38, and permittee of WNOL-DT, channel 40, New Orleans, LA, which received channel 15 for its TCD in the proposed DTV Table.223 Tribune states that the analog and digital transmission facilities of both of these stations were destroyed by Hurricane Katrina.224 Tribune states that it has worked to resume and then improve reduced- power analog operations for both stations but that it has not yet been able to restore DTV operations. Tribune is evaluating alternative sites for the DTV operations of these stations and recently reported that it has finalized negotiations to relocate the digital operations of the stations to another tower.225 Tribune recently filed an ex parte to request that the proposed DTV allotments for WGNO and WNOL be changed to reflect the technical parameters for the facilities it will construct at the new site.226 The Commission is committed to continuing to work with stations affected by Hurricane Katrina to help those stations commence or re-commence operations. Because this request applies to post-transition operations, we will offer the proposal for further comment in the Eighth Further Notice herein.227 3. Proposals Subject to the Filing Freeze 90. We deny the requests of stations seeking a waiver of the filing freeze, except for one station which has demonstrated unique circumstances. Seven stations filed comments requesting a change in and/or expansion of the facilities specified in the proposed post-transition DTV Table Appendix B that is inconsistent with the August 2004 filing freeze. 228 This freeze on the filing of certain applications was imposed to provide for a stable database while the Commission developed the post-transition DTV Table.229 The freeze precludes any expansion of 221 In its comments, the South Dakota Board of Directors for Educational Telecommunications (“SDBD”) requests changes to DTV Appendix B for several stations. For four of these stations, SDBD requests only a change in the coordinates specified in Appendix B: KBHE, Rapid City, SD; KDSD, Aberdeen, SD; KPSD, Eagle Butte, SD; and KZSD, Martin, SD. See Comments of South Dakota Board of Directors for Educational Telecommunications, filed January 10, 2007. It appears from these comments that for these four stations SDBD wants to adjust the station coordinates but still retain the larger coverage area for the station provided on Appendix B rather than change Appendix B to reflect the smaller coverage area provided in the station authorization. If so, these are changes that may be accomplished through the application process. Accordingly, we decline to make the requested coordinate changes for these four stations at this time in order to preserve for these stations the larger coverage area provided in Appendix B. These stations may file applications for the new coordinates they request. 222 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 223 See id. 224 See Reply Comments of Tribune Broadcasting Company (“Tribune”), filed Jan. 29, 2007 at 5. 225 See Tribune ex parte (dated June 15, 2007). 226 Ex parte Comments of Tribune (dated July 23, 2007). 227 See Eighth Further Notice, infra, describing Tribune’s proposed parameters, and requesting comment thereon. 228 See August 2004 Filing Freeze PN, supra note 11. 229 Id. Federal Communications Commission FCC 07-138 39 a station’s post-transition noise limited service contour beyond that of the station’s certified Grade B contour. The freeze remains in effect while the DTV Table is being finalized to assist the Commission in providing stations with authorizations for post-transition facilities. Unlike the stations discussed in Section III.C, supra, the stations whose comments are discussed below are not requesting changes to DTV Table Appendix B to reflect authorized facilities to which they could have certified on FCC Form 381, consistent with the 0.1 percent interference standard, or to match constructed and operating facilities. In contrast, the stations discussed below are requesting changes that violate the filing freeze and do not meet the criteria for a change to certified facilities discussed in the Seventh Further Notice. 91. For one station, WLAE, New Orleans, LA, we hereby waive the filing freeze and make the changes requested to the DTV Table Appendix B adopted herein. For the reasons discussed below, we believe that a waiver of the freeze for this station is warranted. For the other stations discussed below, we decline to waive the filing freeze and decline to make the requested changes to Appendix B. In order to preserve the integrity of the licensing process and avoid giving certain stations an unfair advantage over others in seeking expanded facilities, we have granted waivers of the filing freeze only in very limited circumstances. In general, before we can consider stations’ requests to modify and, in particular, expand their DTV facilities, we must first ensure that all stations can at least provide digital service to their analog viewers by the transition date.230 Except for the unique circumstances present in the case of WLAE, we find that these stations have failed to demonstrate that a waiver of the freeze would advance their transition to DTV or that the station’s circumstances warrant a waiver of the freeze for any other reason. A description of these stations’ individual circumstances is provided below. 92. WLAE, New Orleans, LA. Educational Broadcasting Foundation, Inc. (“EBFI”), licensee of NCE station WLAE, channel 32 and permittee of WLAE-DT, channel 31, New Orleans, LA, received channel 31 for its TCD in the proposed DTV Table.231 EBFI did not file a Form 381 for WLAE and, accordingly, the station received replication facilities in the proposed post-transition DTV Table Appendix B.232 At the time that certifications were due, WLAE-DT had a construction permit for maximized facilities.233 In August 2005, WLAE’s facilities were destroyed by Hurricane Katrina. EBFI now asks to change the station’s certification to its previously authorized maximized facilities.234 230 See Third DTV Periodic Review NPRM at ¶ 99. In the Third DTV Periodic Review NPRM, the Commission tentatively decided not to allow stations to apply for expanded facilities at this time. The Commission, however, proposed to consider the issue of expanded facilities after all stations have had an opportunity to apply for their facilities as specified in the new DTV Table Appendix B. The Commission invited comment on this proposal and also invited comment on ways in which stations could seek expanded facilities at this time without delaying the transition or overburdening the scarce resources needed by other stations to transition. 231 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. 232 See Seventh Further Notice, 21 FCC Rcd at 12100, App. B. 233 See FCC File No BPEDT-20000210AAF (Form 340 granted Aug. 14, 2000). This CP authorized 200 kW ERP and 274m antenna HAAT. 234 See Comments of Educational Broadcasting Foundation, Inc., filed Jan. 8, 2007. Federal Communications Commission FCC 07-138 40 93. We will waive the freeze to allow WLAE-DT to apply for the maximized facilities specified in its initial construction permit.235 WLAE was one of the 41 stations expressly invited to request maximized facilities for which they would have been allowed to certify.236 As noted above, the WLAE-DT maximized facilities were authorized at the time that certifications were filed. Our actions herein will aid in the restoration of public television service to the city of New Orleans. 94. WBPG, Gulf Shores, AL. LIN of Alabama, L.L.C. (“LIN”), singleton licensee of analog station WBPG, channel 55, Gulf Shores, AL, received channel 25 for its TCD in the proposed DTV Table.237 The previous licensee of WBPG certified on FCC Form 381 that the station did not have a digital allotment and would operate post-transition based on its currently authorized analog facilities.238 In comments filed to this proceeding, LIN seeks to maximize its Appendix B facilities for WBPG by increasing its ERP, changing its antenna pattern, and changing transmitter location.239 The changes requested would violate the filing freeze. LIN does not have an existing authorization for these facilities and does not meet the criteria for a change to certified facilities discussed in the Seventh Further Notice. 95. WUOA, Tuscaloosa, AL. The Board of Trustees of the University of Alabama (“University of Alabama”), singleton licensee of analog station WUOA, channel 23, Tuscaloosa, AL, received channel 23 for its TCD in the proposed DTV Table.240 The previous licensee of WUOA, Channel 23, LLC, certified in its FCC Form 381 that it did not have a DTV channel allotment and intended to operate its post-transition station based on its currently authorized analog license.241 In comments filed to this proceeding, the University of Alabama seeks to maximize the Appendix B facilities for WUOA by increasing the permitted ERP, changing the antenna pattern, and changing transmitter location.242 The facilities requested would violate the filing freeze. The University of Alabama does not have an existing authorization for such facilities and the request does not meet the criteria for a change to certified facilities discussed in the Seventh Further Notice.243 235 A freeze waiver is needed because of the station’s subsequent modification to reduce facilities. 236 See Seventh Further Notice, 21 FCC Rcd at 12110, ¶ 28. 237 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. 238 See FCC File No. BCERCT-20041104BAW (WBPG’s Form 381 filed Nov. 5, 2004, certifying to the station’s license: FCC File No. BMLCT-20021009AAA). See also Comments of LIN of Alabama, L.L.C., filed Jan. 23, 2007, at 2. 239 See Comments of LIN of Alabama, L.L.C., filed Jan. 23, 2007. 240 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. 241 See FCC File No. BCERCT-20041105ADM (WUOA’s Form 381 filed Nov. 8, 2004, certifying to the station’s license: FCC File No. BLCT-20011109ACV). Channel 23, LLC subsequently assigned the license for WUOA to the University of Alabama. 242 See Comments of University of Alabama, L.L.C., filed Jan. 23, 2007, at 1. 243 We note that University of Alabama filed an ex parte in June 2007 seeking a channel change to a low VHF channel. See University of Alabama ex parte (dated June 1, 2007) (“Supplement to Comments”). We decline to consider this late request in this Report and Order, but note that it, too, would violate the freeze. However, to the extent that WUOA would accept replication facilities on an alternative channel, we will consider the station’s late request in the Eighth Further Notice. See ¶ 148, infra. Federal Communications Commission FCC 07-138 41 96. KQSD, Lowry, SD. South Dakota Board of Directors for Educational Telecommunications (“SDBD”), licensee of NCE station KQSD-TV, channel *11 and KQSD- DT, channel *15, Lowry, SD, received its analog channel *11 for its TCD in the proposed DTV Table.244 In its FCC Form 381, SDBD certified to replication facilities and was given the allotted replication facilities in the proposed Appendix B.245 In its comments, SDBD requests a change in Appendix B for KQSD-DT to increase the HAAT and change the geographic coordinates.246 These changes violate the filing freeze. KQSD does not have a current authorization for these facilities and the request does not meet the criteria for a change to certified facilities discussed in the Seventh Further Notice. 97. KNVA, Austin, TX. 54 Broadcasting, Inc. (“54 Broadcasting”), licensee of station KNVA, channel 54, and KNVA-DT, channel 49, Austin, TX, received channel 49 for its TCD in the proposed DTV Table. 247 In its FCC Form 381, 54 Broadcasting certified that KNVA would operate post-transition at maximized facilities as authorized by an existing construction permit.248 54 Broadcasting’s comments request that its allotment be changed to allow operation post-transition at a lower ERP but using an omnidirectional instead of a directional antenna to provide more viewers with DTV service.249 These requested changes would violate the freeze. KNVA does not have a current authorization for these facilities and the request does not meet the criteria for a change to certified facilities discussed in the Seventh Further Notice. 98. KPXC, Denver, CO. Paxson Denver License, Inc. (“Paxson”), licensee of station KPXC-TV, channel 59, and permittee of KPXC-DT, channel 43, Denver, CO, received channel 43 for its TCD in the proposed DTV Table.250 In its FCC Form 381, Paxson certified to replication facilities, which are reflected in the proposed Appendix B parameters for KPXC- DT.251 In its comments, Paxson seeks a change in KPXC’s certified facilities to conform to those it recently requested in a January 2007 construction permit application, including a site change.252 Paxson states that the would-be tower owner at the original KPXC-DT site received initial local zoning board approval from the Board of Commissioners of Jefferson County in 2003, which was affirmed by the Jefferson County District Court. In 2006, however, the 244 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. 245 See FCC File No. BCERET-20041101ADM (KQSD’s Form 381 filed Nov. 2, 2004, certifying to allotted replication facilities). 246 See Comments of South Dakota Board of Directors for Educational Telecommunications (“SDBD”), filed Jan. 10, 2007, at 3 (requesting change in antenna HAAT to 564m and change in coordinates to 451638 N and 995910 W). 247 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 248 See FCC File No. BCERCT - 20041029AIJ (KNVA’s Form 381 filed Nov. 1, 2004, certifying post-transition operations pursuant to FCC File No. BPCDT-19991025ADB). 249 See Comments of 54 Broadcasting, Inc.,filed Jan. 16, 2007. 250 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A; FCC File No. BCERCT - 20041103AIF (Form 381). 251 See FCC File No BCERCT-20041103AIF (KPXC’s FCC Form 381 filed Nov. 4, 2004, certifying to the station’s allotted replication facilities). See also Seventh Further Notice, 21 FCC Rcd at 12100, App. B. 252 See Comments of Paxson Denver License, Inc. (“Paxson”), filed Jan. 5, 2007, at 1-2; FCC File No. BMPCDT- 200701104ACH (Form 301 filed Jan. 4, 2007). Federal Communications Commission FCC 07-138 42 decision was overturned by the Colorado Appeals Court which remanded the case to the Board of Commissioners.253 The Board of Commissioners subsequently sought certiorari from the Colorado Supreme Court, which has yet to make a decision.254 Paxson states it “has no expectation that it could construct the station on Mt. Morrison before the statutory termination of analog service” and it would thus be “more reasonable for the allotment to correspond to the parameters proposed in the new CP application.”255 99. Paxson’s request would result in a significant shift in the area served by KPXC, such that the station’s digital signal would not reach a large area that is currently served by this station, and would violate the filing freeze. We are concerned, however, about the zoning issue faced by this station and by Paxson’s stated expectation that it will not be able to construct its full DTV facility before the transition deadline on February 17, 2009. While we do not believe that shifting Paxson’s coverage as proposed is the proper resolution, and therefore deny Paxson’s request for a waiver of the freeze, we hereby invite Paxson to propose another site that would result in a less dramatic change to its current service area and population. We will consider such a request in the application process following adoption of the Report and Order in the Third DTV Periodic Review proceeding. We also urge Paxson to keep us informed concerning progress and events in the zoning case in Colorado. 100. WMHT, Schenectady, NY. WMHT Educational Telecommunications (“WMHT”), licensee of NCE station WMHT-TV, channel *17, and permittee of WMHT-DT, channel *34, Schenectady, NY, received channel *34 for its TCD in the proposed DTV Table.256 In its comments, WMHT supports the proposed allotment of channel *34 but requests a change of its community of license from Schenectady to Albany.257 WMHT argues that it should be allowed to change its community of license because its market is defined as a hyphenated market, Schenectady-Albany, in the NTSC Table of Allotments.258 In addition, WMHT argues that the station’s “Troy studio and Altamont tower locations permit it to serve the entire New York Capital District and beyond.”259 No other comments were filed related to this TCD. 101. We decline to make the allotment change requested by WMHT at this time. The Commission did not use hyphenated markets in the initial DTV Table260 and did not use hyphenated markets in the new DTV Table proposed in the Seventh Further Notice.261 While the market may have been hyphenated in the NTSC Table, WMHT’s license lists the station’s market as Schenectady and not as a hyphenated market.262 WMHT’s request to change its 253 See Comments of Paxson at 2. 254 Id. 255 Id. 256 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 257 See Comments of WMHT Educational Telecommunications (“WMHT”) (filed Jan. 24, 2007). 258 47 C.F.R. § 73.606(b). 259 See Comments of WMHT at 3. 260 See 47 C.F.R. § 73.622(b). 261 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 262 See FCC File No. BLEDT-20040108ALV (filed Aug. 9, 2004). Federal Communications Commission FCC 07-138 43 community of license is precluded by the Commission’s filing freeze.263 We further conclude that WMHT has not demonstrated that a waiver of the freeze is warranted. WMHT does not suggest that the change in community of license is necessary to advance its digital transition process. Instead, WMHT states only that the proposed change “entails no change in the current operation,” “will result in no diminution of service to Schenectady,” and is intended for “future state funding, grant funding, and membership recruitment” because an Albany community license provides “greater recognition to the licensee’s operations.”264 We note that WMHT may seek a change in its community of license after the freeze is lifted, consistent with the Commission’s rules for post-transition operations.265 4. Stations Not Eligible To Participate in the Channel Election Process 102. We deny the requests of pending applicants for a new television station to add new allotments to the post-transition DTV Table. Comments were filed by such pending applicants arguing that the Commission failed to include such allotments in the proposed DTV Table.266 In each case, the commenter has an application for a construction permit for a new television station on the requested new allotment pending at the Commission. In the Second DTV Periodic Report and Order, the Commission made it clear that only Commission licensees and permittees would be eligible to participate in the channel election process.267 Applicants for new stations and petitioners for new allotments were expressly excluded from making elections.268 In the Seventh Further Notice, we noted that a number of pending applications for 263 See August 2004 Filing Freeze PN, 19 FCC Rcd at 14810 (stating that the Commission will not accept for filing petitions for rulemaking to change communities of license). 264 See Comments of WMHT at 4. 265 Requests to change a community of license require the filing of a petition for rulemaking. 47 C.F.R. §73.3572(a). 266 See Appendix D7. See also Comments of Northern California Public Television (“NCPTV”), filed Jan. 25, 2007, at 1 (relating to Weaverville, CA); Comments of Flathead Adventist Radio, Inc. (“FAR”), filed Jan. 25, 2007, at 1 (relating to Kalispell, MT); Comments of Oral Roberts University (“ORU”), filed Jan. 12, 2007, at 1 (relating to Tulsa, OK); Comments of Pappas Telecasting of America (“Pappas”) and South Central Communications Corporation (“SCCC”), filed Jan. 19, 2007, at 1 (relating to Owensboro, KY); Joint Comments of Grant Educational Foundation, KVIE, Inc., LeSea Educational Broadcasting of Sacramento, Inc., Calvary Christian Inc., ESP Technology Community Broadcasters, Amazing Facts, Inc., Rising Tide of Sacramento, Family Stations, Inc., and La Dov Educational Outreach, Inc. filed Jan. 25, 2007, at 1 (relating to Sacramento, CA). 267 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18307, ¶ 66. Contrary to the assertion of Flathead Adventist Radio, Inc. (“FAR”) and Oral Roberts University, the prohibition in paragraph 66 applies to pending applicants for both NTSC and DTV stations. See Comments of FAR, filed Jan. 25, 2007; Comments of Oral Roberts University, filed Jan. 12, 2007. 268 Id. With respect to pending NTSC and DTV rulemaking proposals, the Commission stated: “…pending NTSC and DTV rulemaking proposals will be dismissed if found to be inconsistent with the current protection requirements. Each rulemaking request, including those associated with applications and those seeking new DTV allotments, falls into one of three groups: (1) pending petitions for rulemaking; (2) outstanding rulemakings (Notice of Proposed Rule Making issued); or (3) completed rulemakings that now have pending applications for a construction permit. We will attempt to protect allotments and proposed allotments in the second and third groups where we have already adopted a Notice of Proposed Rule Making or a Report and Order to establish a channel allotment. Protection of these rulemaking proceedings is consistent with the requirements placed on DTV applications by Section 73.623(h)(2) of the rules. However, we advise these petitioners that there may be a few cases where we must modify, restrict or eliminate their requested allotment in order to accommodate all eligible (continued….) Federal Communications Commission FCC 07-138 44 new television stations had been granted since the start of the channel election process, and we accommodated those permittees with TCDs in the proposed DTV Table.269 In addition, we announced a method by which we would assign TCDs to other new permittees whose pending applications for new television stations were granted before an Order finalizing the DTV Table is adopted.270 We also stated that, before the end of the transition, we would issue an NPRM to amend the DTV Table in order to allot a DTV channel for each remaining authorized facility that does not have an allotted DTV channel.271 Thus, if any other pending applications are granted before the end of the transition, we will attempt to accommodate these stations with a DTV channel for post transition operation.272 5. Stations Awaiting International Coordination 103. In the Seventh Further Notice, the Commission noted that proposed allotments near the U.S.-Canadian and U.S.-Mexican borders require coordination with those countries.273 The Commission stated that our international negotiations are continuing in a cooperative manner and we indicated that we do not believe that these negotiations will delay stations’ ability to construct their post-transition facilities.274 We continue to believe that international coordination of digital allotments will proceed in a manner that will allow affected stations to construct digital facilities by the transition deadline. In some cases, however, stations may need to proceed with constructing authorized facilities to the extent approved by Canada or Mexico, even if those facilities differ from the preferred facilities sought by the station, if international (Continued from previous page) broadcasters with a post-transition DTV allotment. Remaining rulemaking petitions will be evaluated at the conclusion of the channel election and repacking process and may be accommodated with a post-transition DTV allotment or dismissed when we issue the NPRM proposing the new DTV Table of Allotments.” Id. at 18307-8, ¶ 67. 269 See Seventh Further Notice, 21 FCC Rcd at 12117-8, ¶ 50. 270 Id. at 12118, ¶ 53. See also ¶ 24, supra, and Sections III.F.7 and IV.A, infra. But see Reply Comments of Cohen, Dippell, and Everist, Feb. 26, 2007 (proposing that certain pre-transition allotments be included on the post- transition table even where no permit or license has been granted for those channels). 271 Seventh Further Notice, 21 FCC Rcd at 12118-9, ¶ 54. With respect to applicants that receive a construction permit after the close of the comment period in this proceeding, we stated that those parties may either construct their analog facilities or apply to the Commission for permission to construct a digital facility on their analog channel. Id. We noted that new permittees could request authorization to continue DTV operations on their NTSC channels after the transition. Id. 272 See Second DTV Periodic Report and Order, 19 FCC Rcd at 18307-18308, ¶ 67. 273 See Seventh Further Notice, 21 FCC Rcd at 12117, ¶ 48. The Commission noted that, under international arrangements with Canada and Mexico, the Commission must obtain concurrence by the Canadian government for any proposed allotments located within 400 kilometers of the U.S.-Canadian border, and by the Mexican government for any proposed allotments located within 275 kilometers of the U.S.-Mexican border. See “Letter of Understanding Between the Federal Communications Commission of the United States of America and Industry Canada Related to the Use of the 54-72 MHz, 76-88 MHz, 174-216 MHz and 470-806 MHz Bands for the Digital Television Broadcasting Service Along the Common Border,” signed Sept. 22, 2000 and amended Oct. 7, 2004 (“Canadian LOU”), and “Memorandum of Understanding Between the Federal Communications Commission of the United States of America and the Secretaria de Comunicaciones y Transportes of the United Mexican States Related to the Use of the 54-72 MHz, 76-88 MHz, 174-216 MHz and 470-806 MHz Bands for the Digital Television Broadcasting Service Along the Common Border,” signed Apr. 2, 1997. 274 See Seventh Further Notice, 21 FCC Rcd at 12117, ¶ 48. Federal Communications Commission FCC 07-138 45 coordination issues arise that delay action on a pending application and those issues cannot be resolved in time to allow construction to be completed before the end of the transition.275 104. We note that all stations in the U.S.-Canadian or U.S.-Mexican border area with a TCD on a channel that is not their current digital channel will have to file an application for the TCD channel following adoption of the Report and Order in the Third DTV Periodic Review proceeding. A list of these stations is attached hereto in Appendix D4. The Commission is working to coordinate all Appendix B facilities as a group so that individual applications do not need to be coordinated. If there are circumstances where this is not possible, the Commission will work with these stations to expedite international coordination of their applications.276 105. In the Seventh Further Notice, the Commission identified two allotments for which it had received recent objections from Industry Canada: WBSF-DT, (TCD on channel 46), Bay City, MI277 and KAYU-DT, (TCD on channel 28), Spokane, WA.278 The Commission included the TCDs for these channels in the proposed DTV Table, but sought comment from these licensees concerning whether they are willing to reduce coverage on the TCD in order to address Canadian concerns.279 The Commission also noted that these licensees could request an alternative post-transition DTV allotment.280 Both of these stations have filed comments indicating their belief that the current proposed TCD does not in fact cause impermissible interference, and have submitted engineering statements in support of their positions.281 These stations request that the Commission continue to negotiate with Industry Canada to permit them to operate on the TCD proposed in the Seventh Further Notice.282 We are adopting our proposed allotments for these stations, subject to our continuing negotiations with Canada which relate to these allotments as well as all other new DTV allotments in the border area.283 275 In the Third DTV Periodic Review NPRM, we proposed to require all full-power television stations to file a form with the Commission detailing their current transition status, additional steps necessary in order to be prepared for digital-only operation on Feb. 17, 2009, and a timeline for making those steps. See Third DTV Periodic Review NPRM at ¶ 35. The proposed form, if adopted, would permit stations to indicate that they require international government clearance of a proposed facility. Id. at Appendix B. 276 ION Media Networks filed ex parte comments concerning ten of their stations that need international coordination. ION Media Networks ex parte (dated June 28, 2007). These stations are included with the other stations in the border areas that the Commission and the State Department are working to coordinate with Canadian and Mexican authorities. 277 Barrington Bay City License LLC (“Barrington”), licensee of WBSF(TV), channel 46, Bay City, MI, received channel 46 for its TCD in the proposed DTV Table. See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 278 Mountain Licenses, LP (“MLLP”), licensee of KAYU-TV, channel 28 and KAYU-DT, channel 30, Spokane, WA, received channel 28 for its TCD in the proposed DTV Table. See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 279 Id. at 12117, ¶ 49. 280 Id. 281 See Comments of Mountain Licenses, LP, filed Jan. 25, 2007, at 3; Comments of Barrington Bay City License LLC, filed Jan.25, 2007, at 3-4. 282 Id. 283 It is not necessary for MLLP to make a contingent election for DTV channel 30, as it requested, at this time. See Comments of Mountain Licenses at 3. Federal Communications Commission FCC 07-138 46 6. Resolution of TCDs Pending After Round Three 106. We adopt our tentative conclusions in the Seventh Further Notice with respect to the resolution of four allotments that remained outstanding after TCDs were announced for the third round of channel elections.284 The Commission noted that these TCDs represented challenging and difficult cases in crowded markets necessitating waiver of the freeze285 or the 0.1 percent interference standard286 in order to find appropriate channels for post-transition operation that would ensure the best possible service to the public and promote overall spectrum efficiency.287 We received comments from some of the parties involved in these cases and address each of these proposed allotments below. 107. WABC, New York, NY. American Broadcasting Companies, Inc. (“ABC”), the licensee of station WABC-TV, channel 7 and WABC-DT, channel 45, New York, NY,288 was granted a waiver of the 0.1 percent interference standard in the Seventh Further Notice and received channel 7 for its TCD in the proposed DTV Table.289 ABC and The New Jersey Public Broadcasting Authority (“NJPBA”), the permittee of WNJB-DT, channel *8, New Brunswick, NJ, filed comments related to this TCD.290 During the channel election process, NJPBA initially objected to the grant of a waiver for WABC and later sought a waiver of the freeze to move its digital operations on channel 8 to New York City.291 These arguments were fully considered by the Commission in deciding to grant ABC’s request for waiver of the 0.1 percent interference standard, required in light of the predicted 2.8 percent new interference to WNJB.292 The Commission concluded that the loss of service for WABC would affect current viewers of WABC, while the predicted loss of service for WNJB would affect areas outside of its current service area and primarily outside of the state of New Jersey.293 The Commission noted that WABC has been a pioneer of digital service, having built full-power digital operations in 2001 and re-built them first at Four Times Square and then on the Empire State Building, with a back- up facility at Alpine Tower in New Jersey, after the September 11, 2001 loss of the World Trade 284 See Seventh Further Notice, 21 FCC Rcd at 12110, ¶ 30; see also Third Round TCD PN, 21 FCC Rcd at 9573. 285 See supra note 11. 286 See supra note 39. 287 See Seventh Further Notice, 21 FCC Rcd at 12110, ¶ 30. 288 WABC is the flagship station of the ABC Television Network and is the sole ABC network station serving the New York market. ABC was an early adopter of DTV technology, commencing operation with its full, authorized DTV facility at the World Trade Center in 2001. File No. BLCDT-20010710ABU. The Walt Disney Company (“Disney”) is the ultimate parent company of ABC. 289 See Seventh Further Notice, 21 FCC Rcd at 12114, ¶ 36. 290 See generally Comments of Disney, filed Jan. 25, 2007; Comments of The New Jersey Public Broadcasting Association, filed Jan. 25, 2007 (“Comments of NJPBA”); Reply Comments of Disney, filed Feb. 26, 2007. 291 See Comments of The New Jersey Public Broadcasting Association, MB 03-15, filed Sept. 12, 2005; See also Comments of NJPBA. 292 See Seventh Further Notice, 21 FCC Rcd at 12111-12113, ¶¶ 31-36. 293 Id. The Commission also found that WABC’s continued use of channel 7 would benefit WABC’s viewers, many of whom have relied on VHF antennas for decades. Federal Communications Commission FCC 07-138 47 Center.294 In addition, the Commission noted that allotting channel 7 to WABC would eliminate any interference concerns between WABC and both WEDH-TV, an NCE station in Hartford, CT (analog channel *24, post-transition digital channel *45),295 and WOLF-TV in Hazleton, PA (analog channel 56, post-transition digital channel 45).296 108. Because ABC sought the waiver during the channel election process, both parties had an opportunity to present their arguments prior to the adoption of the Seventh Further Notice. We find that NJPBA has not raised any new arguments that would cause us to reverse our grant of the interference standard waiver to ABC. We note that NJPBA contests the Commission’s statement in the Seventh Further Notice that WNJB had not built its digital facility.297 In fact, WNJB has built only smaller DTV facilities pursuant to STA and has still not constructed its full, authorized DTV facility,298 in contrast to WABC’s early construction and rebuilding of full DTV facilities after the September 11, 2001 destruction of their facilities. 109. NJPBA also claims that, based on an agreement between the parties, it is entitled to a waiver of the Commission’s current freeze on modification applications and thereby allowed to co-locate its transmitting facilities at Four Times Square in New York City.299 As noted by ABC, NJPBA did not file its application and waiver request to modify WNJB-DT’s facilities until after release of the Seventh Further Notice.300 Moreover, NJPBA offers no showing that it could not achieve its transition absent a waiver of the freeze. Thus, we disagree with NJPBA that allotment of channel 7 to ABC necessitates, or entitles NJPBA to, a waiver of the freeze. The Media Bureau will consider WNJB’s application and waiver request in the normal course of processing. As noted in the Seventh Further Notice, consideration of NJPBA’s application is best left until after the filing freeze is lifted.301 Accordingly, we allot channel 7 to WABC.302 294 Id. (noting that the Commission, in the Second DTV Periodic Report and Order, indicated that it would consider a number of factors, including “whether the station was an early adopter of DTV technology,” when deciding among third round election preferences). Id. at n.81. 295 As discussed in ¶ 110, infra, we adopt the allotment of channel *45 to WEDH-TV made in the proposed DTV Table. 296 See Seventh Further Notice, 21 FCC Rcd at 12111-12113, ¶¶ 31-36. 297 Comments of NJPBA at 10. 298 See FCC File No. BEDSTA-20060628ABA (filed June 28, 2006; requesting extension of the STA for operation of station facilities at less than specified in the permittee’s CP, in particular asserting that WNJB is a satellite station of flagship NCE WNJT-DT, Trenton; and WNJB’s construction permit, FCC File No. BMPEDT-20000425AAM (granted May 14, 2001); see also Reply Comments of Disney at 9. 299 In ex parte exchanges before release of the Seventh Further Notice, NJPBA stated that it would not object to WABC operating on channel 7 if the freeze is waived so that WNJB-DT could apply to modify its facilities to co- locate at Four Times Square and ABC stated that it would not object to WNJB-DT’s move to Four Times Square if there was favorable action on its election of channel 7 and interference standard waiver request. See Seventh Further Notice, 21 FCC Rcd at 12112, ¶ 34 (citing to WABC-TV ex parte in MB Docket No. 03-15 (dated May 12, 2006) and NJPBA ex parte in MB Docket No. 03-15 (dated June 2, 2006)). 300 Reply Comments of Disney at 6. See FCC File No. BMPEDT 20070125ACC (WNJB’s Waiver Request at 8 dated Jan. 26, 2007). 301 If that application is granted, WNJB’s virtual collocation with WABC-DT and other New York market stations would be likely to reduce or eliminate the predicted interference to its digital operations on channel 8. Federal Communications Commission FCC 07-138 48 110. WEDH, Hartford, CT and WEDN, Norwich, CT. Connecticut Public Broadcasting, Inc. (“CPBI”), the licensee of NCE stations WEDH, channel *24, permittee of WEDH-DT, channel *32, Hartford, CT and WEDN, channel *53, permittee of WEDN-DT, channel *9, Norwich, CT, received a TCD of channel *45 for WEDH in Hartford and a TCD of channel *9 for WEDN in Norwich in the proposed DTV Table.303 In proposing these allotments, the Commission found it necessary to supersede a pending swap application and rulemaking pertaining to CPBI’s pre-transition facilities.304 CPBI filed comments in favor of these proposed allotments.305 No comments were filed opposing these proposed allotments.306 Accordingly, we allot channel *45 to WEDH, Hartford, CT and channel *9 to WEDN, Norwich, CT.307 111. Although CPBI supported the post-transition allotments, it objected to the Commission’s decision to supersede the swap application and channel substitution rulemaking proceedings associated with the changes CPBI requested for its Hartford and Norwich stations.308 We cannot reinstate these applications without vitiating the basis for the post-transition channel allotments for WEDH and WEDN.309 We recognize, however, that CPBI wants to use their new allotments for pre-transition DTV operations. In that regard, we note that the Third DTV Periodic Review NPRM seeks comment on a proposal to allow stations that are moving to new post-transition channels (such as WEDH and WEDN) to begin operating on their new channels before the transition date, under certain conditions.310 If such a proposal is adopted, CPBI would be able to apply for pre-transition DTV operations on their new allotments. 112. KTFK, Stockton, CA. Telefutura Sacramento, LLC (“Telefutura”), the licensee of station KTFK-TV, channel 64, and KTFK-DT, channel 62, Stockton, CA, was granted a waiver of the filing freeze in the Seventh Further Notice to permit it to modify KTFK’s certified facilities and receive channel 26 for its TCD in the proposed DTV Table.311 No comments were (Continued from previous page) 302 See Appendices A and Appendix B, infra. 303 See Seventh Further Notice, 21 FCC Rcd at 12112, ¶ 36. 304 For purposes of the channel election process, the Commission stated that it would protect channels proposed in outstanding rulemakings where a Notice of Proposed Rulemaking had been issued, and that we would permit licensees to elect a channel if an NPRM had been issued with respect to a channel change. The Commission did not specifically address how DTV channels in a pending swap application would be treated. Seventh Further Notice, 21 FCC Rcd at 12113, ¶ 38 (citing the Second DTV Periodic Report and Order, 19 FCC Rcd at 18307-08, ¶ 67 and 18279). 305 See Comments of CPBI (filed Jan. 25, 2007); Reply Comments of CPBI (filed Feb. 26, 2007). 306 Entravision Holdings, LLC and the Scripps-Howard Broadcasting Company previously filed objections to the pre-transition use of Channel *45 at Hartford and Channel *9 at Norwich, respectively; however, neither party addressed the Hartford and Norwich allotments in their comments to this proceeding. See Reply Comments of CPBI at 2. 307 See Appendices A and B, infra. 308 Comments of CPBI at 3. See also FCC File Nos. BMPEDT-20031008AAT and BPEDT-19990113KG. 309 See Seventh Further Notice, 21 FCC Rcd at 12115, ¶ 40. 310 See Third DTV Periodic Review NPRM at ¶ 88. For example, the Commission proposes to allow early transition, provided such operations would not cause impermissible interference to another station. 311 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. Federal Communications Commission FCC 07-138 49 filed opposing this proposed allotment. Accordingly, we adopt this TCD and allot channel 26 to KTFK, Stockton, CA.312 113. KVIE, Sacramento, CA. KVIE, Inc., the licensee of NCE station KVIE, channel *6 and KVIE-DT, channel *53, Sacramento, CA, was granted a waiver of the 0.1 percent interference standard313 and received channel *9 for its TCD in the proposed DTV Table.314 KVIE, Inc. filed comments in favor of the proposed allotment.315 No comments were filed opposing this proposed allotment. Accordingly, we adopt this TCD and allot channel *9 to KVIE(TV), Sacramento, CA.316 7. TCDs for New Permittees Granted During Proceeding 114. We adopt the TCDs announced for the six new permittees in the New Permittees Public Notice.317 As discussed in Paragraph 24, supra, six pending applications were granted during this rulemaking, and proposed TCDs for the new permittees were published for comment in the New Permittees Public Notice. There were no comments, or only favorable comments, regarding the TCDs of five of the permittees, and they are therefore included in this Report and Order’s modified DTV Table and Appendix B.318 An objection was raised to the TCD of one of the new permittees, and is discussed below. 115. KCWV, Duluth, MN. George S. Flinn, III, new permittee of station KCWV-TV, channel 27, Duluth, MN, received channel 27 for KCWV’s TCD in the Public Notice. The State of Wisconsin – Educational Communications Board (“ECB”) filed comments in opposition.319 ECB is the licensee of NCE station WHWC-DT, Channel *27, Menomonie, WI, which received 312 See Appendices A and B, infra. 313 The proposed allotment was predicted to cause 1.3 percent new interference to NCE station KIXE-TV, channel *9, Redding, CA; however, the Commission concluded that this was outweighed by the fact that more than 4 million people residing within the KVIE service area were predicted to receive a superior DTV signal from KVIE on channel *9 than on its current low-VHF channel *6. 314 See Seventh Further Notice, 21 FCC Rcd at 12112, ¶ 36. 315 See Comments of KVIE, Inc., filed Jan. 25, 2007. 316 See Appendices A and B, infra. 317 See New Permittees Public Notice, supra note 50. The Media Bureau announced TCDs for six permittees that attained permittee status during the pendency of the rulemaking proceeding and invited public comment on these changes to the proposed post-transition DTV Table. 318 Prior to the issuance of the New Permittees Public Notice, Entravision Holdings, LLC (“Entravision”) filed a comment noting that its newly-issued permit in Derby, KS made it eligible for participation in the channel election process, and requesting that the station at Derby be included in the new DTV Table. See Comments of Entravision, filed Dec. 28, 2006. Derby was included in the New Permittees Public Notice, and no comments were filed in opposition to its inclusion. We grant Entravision’s request for the inclusion of Derby in the DTV Table. See also Eighth Further Notice at ¶ 140, infra (proposing the inclusion in the Table of a more recently granted Entravision permittee). No comments were filed regarding the other four new permittees. 319 See Comments of State of Wisconsin – Educational Communications Board (“ECB”), filed Feb. 9, 2007. ECB’s comments were timely filed within the comment cycle established by the New Permittees Public Notice: February 9, 2007 for comments and February 26, 2007 for reply comments. Id. Comments filed in response to this public notice were incorporated into the record in this proceeding. Federal Communications Commission FCC 07-138 50 channel 27 for its TCD in the proposed DTV Table.320 ECB states its belief that the proposed allotment of channel 27 to Duluth “would cause interference to WHWC-DT for 10,995 persons, or 1.290 percent of its noise limited service area,” including “new interference from Duluth channel 27 of 0.345 percent of the population served.”321 ECB asks the Commission to instead assign channel 47 to KCWV, arguing that such an allotment “would cause considerably less interference.”322 Mr. Flinn did not file a reply. 116. Prior to the issuance of the New Permittees Public Notice, the TCDs of all new permittees were analyzed using computer software techniques that have been validated through extensive testing and comparison of results with similar software used by other parties participating in this proceeding. At that time, the Commission’s interference analysis indicated that no station would receive impermissible interference from KCWV’s TCD. We have considered the analysis offered in ECB’s pleadings, and we find that they do not match our findings. We are confident that the results of our interference analysis are correct and accurately reflect the service areas to be provided with the facilities specified and the interference conditions that are expected to be present among stations.323 We therefore include KCWV in the modified DTV Table and Appendix B.324 8. Stations to be Deleted from the DTV Table 117. Two stations, Delta College, licensee of NCE station WDCP-TV, University Center, MI, analog channel *19 and permittee of DTV channel *18, and Rockfleet Broadcasting II, LLC, (“Rockfleet”) licensee of station WFUP, channel 45, and permittee of WFUP-DT, channel 59, Vanderbilt, MI (satellite station of WFUX-TV, Cadillac, MI), have notified us that they do not intend to construct DTV facilities and will cease operation after February 17, 2009. Delta College filed a comment and requested that we delete the TCD for WDCP on channel 18 from the Table of Allotments.325 118. Rockfleet notified us during the first round of the channel elections that it does not intend to construct a post-transition DTV facility for WFUP.326 Rockfleet explained that Vanderbilt will be served by the digital signal of WFUX-DT. Consequently, we did not assign a TCD for this station. Rockfleet will surrender its license for cancellation after February 17, 2009.327 9. Other Requests 119. WSWP, Grandview, WV. We grant the request of West Virginia Educational Broadcasting Authority (“WVEBA”), licensee of NCE station WSWP-TV, channel *9 and 320 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. 321 See Comments of ECB at 2 and n.1. 322 Id. 323 See ¶¶ 18-20, supra, for description of methodology used. 324 See Appendices A and B, infra. 325 WDCP Comment at 2-3. 326 See letter filed in lieu of Form 381 by Rockfleet, dated Nov. 5, 2004. 327 Id. Federal Communications Commission FCC 07-138 51 permittee of WSWP-DT, channel *53, Grandview, WV, which received channel *10 for its TCD in the proposed DTV Table, for a waiver of the 0.1 percent interference standard up to 2.0 percent and to the extent that it is consistent with the filing freeze.328 WVEBA requests a waiver of the 0.1 percent interference standard, claiming that WSWP-DT cannot replicate the station’s existing analog service area on the proposed allotment for channel *10.329 Davis Television Clarksburg, LLC (“DTC”), permittee of WVFX-DT, channel 10, Clarksburg, WV, and TCD on channel 10 in the proposed DTV Table,330 filed reply comments opposing WVEBA’s waiver request.331 120. In the first channel election round, WVEBA elected its analog channel *9; however, this election was determined to cause more than 2.0 percent new interference,332 and, thus, disapproved.333 In the second round, WVEBA elected channel 11, but this election was also rejected because it was determined to cause more than 0.1 percent new interference.334 In the third round, WVEBA elected channel 10.335 This election was also determined to cause more than 0.1 percent new interference.336 Consequently, WVEBA received channel *10 as its TCD, but at reduced facilities in order to bring the station into compliance with the 0.1 percent interference standard.337 Specifically, WSWP’s ERP was reduced to 2.5 kW.338 In response to the Third Round TCD PN, WVEBA filed a “Request for Partial Reconsideration,” supporting its 328 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. 329 See Comments of The West Virginia Educational Broadcasting Authority (“WVEBA”), filed Jan. 25, 2007. WVEBA also submitted an ex parte filing on April 26, 2007 in the docket. WVEBA previously filed a “Request for Partial Reconsideration” of its TCD after issuance of the Third Round TCD PN. See WVEBA ex parte (filed Apr. 26, 2007 and May 10, 2007); WVEBA “Request for Partial Reconsideration of Third Round DTV Tentative Channel Designation” filed Sept. 28, 2006 (“WVEBA’s Partial Recon”). See also Public Notice, “Third Round of the DTV Channel Election Process: Tentative Channel Designations,” 21 FCC Rcd 9572 (MB 2006) (“Third Round TCD PN”). 330 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. WVFX(TV)’s current NTSC channel is channel 46, Clarksburg, WV. 47 C.F.R. § 73.606(b). 331 See Reply Comments of Davis Television Clarksburg (“DTC”), filed Feb. 26, 2007. DTC also filed supplemental comments in response to WVEBA’s ex parte Engineering statement on May 10, 2007. 332 The analysis indicated 2.8 percent new interference to another station (i.e., WVNS, Lewisburg, WV, analog ch 59, TCD on ch 8) (service loss to 13,763 people). As previously noted in supra ¶ 20, the Commission allowed a station with an out-of-core DTV channel to exceed the 0.1 percent interference standard to up to 2.0 percent, if doing so would allow such a station to elect its in-core analog channel. If such an election was predicted to cause more than 2.0 percent new interference to a protected DTV station, then the station was made subject to the normal conflict-resolution procedures. 333 See FCC File No. BFREET-20050209AKA (disapproving WSWP’s election in Form 382). 334 See FCC File No. BSREET-20051031AEV (disapproving WSWP’s election in Form 384). The analysis indicated 0.5 percent new interference to another station (i.e., WJHL) (service loss to 6,876 people). 335 See FCC File No. BTREET-20060526AAZ (WSWP’s Form 386). 336 WVEBA states that it requested to operate channel *10 using 10 kW. See WVEBA’s Partial Recon at 1. 337 See Third Round TCD PN, 21 FCC Rcd at 9573, n.5. 338 Id. Federal Communications Commission FCC 07-138 52 proposed channel allotment, but requesting to operate at 10 kW in order to “adequately serve the station’s current audience.”339 121. The Seventh Further Notice proposed channel *10 as WSWP’s TCD at 2.5 kW ERP in the post-transition DTV Table.340 WVEBA filed comments in response to the Seventh Further Notice and now asks for 20 kW ERP.341 WVEBA contends that this power level is necessary for the station to replicate its analog coverage.342 122. WVEBA certified to its replication facilities on Form 381.343 WVEBA claims that its current analog station serves 906,075 people and that its proposed operation of its digital facility on channel 10 at 20 kW ERP would serve 900,098 people.344 WVEBA further asserts that its proposal to operate WSWP at 20 kW ERP will result in new interference of 0.7 percent to WVFX-DT, which it acknowledges exceeds the 0.1 percent interference standard,345 but claims is necessary “to meet its certification to replicate its NTSC coverage.”346 DTC replies that WVEBA overstates WSWP’s present analog population coverage and understates the interference to WVFX-DT, claiming that WVEBA’s proposal would cause more than 1.4 percent new interference.347 123. We agree with DTC that WVEBA overstates WSWP’s present analog population coverage, but we also concur with WVEBA that WSWP-DT’s operation at the proposed 2.5 kW ERP would not fully replicate its existing analog coverage.348 We also find, however, that operation of channel *10 at 20 kW ERP would exceed the station’s certified replication facilities and violate the current freeze on expansion of a noise limited service contour beyond its certified replication contour.349 To resolve the conflict, we have analyzed WSWP’s channel facilities using a modified replication approach to derive the proposed facilities from the analog Grade B contour on which the initial DTV Table facilities were based and determined that WSWP could replicate its analog coverage at 18.6 kW.350 Operation of WSWP-DT at 18.6 kW, however, 339 See WVEBA’s Partial Recon at 2. 340 WVEBA’s petition for reconsideration was premature because the issuance of a TCD was not a final Commission action subject to reconsideration. 47 C.F.R. § 1.106(a)(1). As noted in the Seventh Further Notice, final channel allotments can be established only through a rulemaking proceeding. Seventh Further Notice, 21 FCC Rcd at 12103, ¶ 5. We, therefore, dismiss WVEBA’s petition as premature and will consider the pleading as an informal comment to the instant proceeding. 341 See Comments of WVEBA at 1. 342 Id. 343 See FCC File No. BCERET-20041105AFL (WSWP’s Form 381). 344 See Comments of WVEBA at 3-4. 345 See id. at 5; WVEBA ex parte (dated Apr. 26, 2007) at 1, and “Supplemental Engineering Technical Statement.” 346 See Comments of WVEBA at 1. 347 See Reply Comments of Davis Television Clarksburg, filed Feb. 26, 2007, at 2-4. 348 WSWP’s operation at 2.5 kW ERP on its TCD of channel *10 is predicted to serve a population of approximately 435,000 people, which is less than those that would be served by the station’s replication facilities. 349 See discussion of freeze, supra note 11. 350 See discussion of requests for modified coverage area, supra Section III.D. Federal Communications Commission FCC 07-138 53 would cause 1.73 percent new interference to WVFX-DT, which exceeds the 0.1 percent interference standard. Therefore, we must consider WVEBA’s waiver request. 124. In evaluating WVEBA’s request for a waiver of the 0.1 percent interference standard, we find that although WVEBA’s circumstances are dissimilar to two stations that were granted waivers in the Seventh Further Notice,351 WVEBA does offer important public interest bases that merit a waiver in this case. First, WVEBA had an out-of-core DTV channel, which would have warranted a 2.0 percent interference allowance to elect its analog channel *9 in the first round. However, use of channel 9 would have exceeded the 2.0 percent standard. Second, although there are UHF channels available in its market, WVEBA has argued persuasively that a UHF channel would not replicate the station’s analog coverage due to the mountainous terrain in WSWP’s service area and would require this educational station to incur “significant increased capital and operational costs.”352 Third, NCE station WSWP offers unique educational programming to an economically disadvantaged community that relies on over-the-air broadcasting for their TV service.353 125. Our analysis indicates that WSWP’s operation on channel 10 with full replication facilities would cause less total interference than would its operation on channel 9, 11 or any other high VHF channel. We conclude that WSWP would have been eligible for up to 2.0 percent new interference using its own analog channel 9 for post-transition DTV operation.354 Operation on channel 9 would have exceeded 2.0 percent new interference, while operation on channel 10 at 18.6 kW does not. Therefore, we grant WVEBA’s request for waiver of the 0.1 percent interference standard and establish its Appendix B facilities at 18.6 kW ERP on channel *10.355 126. KTAZ, Phoenix, AZ. We grant the request of NBC Telemundo License, Co. (“NBC Telemundo”), licensee of singleton station KTAZ, channel 39, Phoenix, AZ, which received channel 39 for its TCD in the proposed DTV Table,356 to change station KTAZ’s post- transition DTV Table Appendix B facilities. In 2005, the Commission approved a modification to the analog Table of Allotments sought by NBC Telemundo and Community Television Educators, Inc. (“CTE”) which substituted Channel 39 for noncommercial reserved Channel 39 (*39) in Phoenix, substituted noncommercial reserved Channel 11 (*11) for Channel 11 in Holbrook, Arizona, and authorized NBC Telemundo to operate on Channel 39 in Phoenix and CTE to operate on Channel *11 in Holbrook.357 The Commission subsequently granted minor 351 See Comments of WVEBA at 6. 352 Comments of WVEBA at 2 (“the UHF signal characteristics over the relevant terrain (even at maximum UHF power of 1000 kW) cannot replicate the current channel 9 NTSC coverage”). 353 See Comments of WVEBA at 4. 354 See supra ¶ 20 and note 41. 355 See infra Appendix B. 356 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 357 See Comments of NBC Telemundo License Co., filed Jan. 25, 2007, at 3. See also Memorandum Opinion and Order, Amendment of the Television Table of Allotments to Delete Noncommercial Reservation of Channel *39, 620-626 MHz, Phoenix, Arizona, and to Add Noncommercial Reservation on Channel 11, 198-204 MHz, Holbrook, Arizona, 20 FCC Rcd 16854 (2005). Federal Communications Commission FCC 07-138 54 modification applications filed by the parties to implement the channel substitutions.358 The proposed post-transition DTV Table Appendix B lists the Facility ID for the former Channel *39 facility for KTAZ, rather than the Facility ID for the new Channel 39 facility. NBC Telemundo requests that Appendix B be revised to reflect the correct Facility ID for the new Channel 39 facility.359 127. In addition, NBC Telemundo states that the technical facilities specified in Appendix B for Channel 39 are no longer accurate. KTAZ does not have a paired digital channel. The technical facilities specified in Appendix B for Channel 39 reflect the digital parameters applied for by CTE prior to the channel substitutions. NBC Telemundo states that it recently relocated the Channel 39 analog facility to a new tower. 128. We have revised DTV Table Appendix B as adopted herein to reflect operation of a digital station on Channel 39 in Phoenix with parameters reflected in the analog authorization approved by the Commission for KTAZ.360 In addition, we have revised Appendix B to reflect the correct Facility ID for both KTAZ and Channel *11 in Holbrook. 129. WNYA, Pittsfield, MA. In response to comments filed opposing the proposed post-transition facilities of WNYA, Pittsfield, MA, we will change station WNYA’s post- transition DTV Table Appendix B facilities. Venture Technologies Group, LLC, licensee of singleton station WNYA, channel 51, Pittsfield, MA, received channel 13 for its TCD in the proposed post-transition DTV Table.361 WNYT-TV, LLC (“WNYT”), licensee of station WNYT, channel 13, and WNYT-DT, channel 12, Albany, NY, which received channel 12 for its TCD in the proposed post-transition DTV Table,362 objects to the facilities proposed for WNYA in the post-transition DTV Table Appendix B.363 WNYA did not respond to the WNYT comments. 130. The proposed post-transition DTV Table Appendix B specifies a site change for WNYA which would move that station’s DTV facility from the WNYA analog site in Pittsfield to WNYT’s licensed site near Albany. WNYA specified this site change in its second round conflict decision form (FCC Form 385) to resolve an interference conflict of 3.7 percent with WNYT, which resulted from WNYA’s election of channel 13.364 In its comments, WNYT claims that the ERP of 28kW that is proposed for WNYA in Appendix B, is substantially in excess of that permitted for a DTV station on channel 13 in Zone 1.365 WNYT requests that the Commission revise Appendix B for WNYA to specify the Pittsfield site for that station with parameters that would permit WNYA to comply with its FCC Form 381 certification. 358 See FCC File No. BLCT-20060809ABN; BMPCT-20060417AGD. 359 See Comments of NBC Telemundo, at 3. 360 Id. 361 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 362 See id. 363 See Comments of WNYT-TV, LLC, filed Jan. 25, 2007. 364 See FCC File No. BSRCCT-20060317ADH (WNYA’s Form 385). 365 Id. at 4. Federal Communications Commission FCC 07-138 55 131. WNYT is correct that the power specified in the proposed Appendix B for WNYA exceeds the maximum allowed pursuant to 73.622(f)(7)(ii). At an HAAT of 396 meters, the maximum ERP for a channel 13, Zone 1 DTV station is 12.6 kW. However, WNYT’s request that we change WNYA’s Appendix B facilities to specify the Pittsfield transmitter site would not address the interference conflict found in round 2 of the channel election process. 132. We conclude that WNYA can serve most of its certified coverage area from the site near Albany, at reduced power. We have determined that WNYA can provide an acceptable predicted field strength over Pittsfield, Massachusetts, its city of license, based on its FCC Form 385 facilities with its maximum ERP reduced from the proposed 28 kW to 12.6 kW. In addition, at this reduced power, WNYA’s operation on channel 13 will cause any additional interference. Therefore, we are changing Appendix B to specify an ERP for WNYA of 12.6 kW. 133. WLFL, Raleigh, NC. We deny the request of Sinclair Broadcast Group, Inc. (“Sinclair”), the parent entity of the licensee366 of station WLFL, channel 22 and permittee of WLFL-DT, channel 57, Raleigh, NC, which received channel 27 for its TCD in the proposed DTV Table.367 We conclude that it is not necessary to increase the ERP for this station.368 134. In its Form 381, Sinclair certified to maximized facilities for WLFL-DT as authorized by its construction permit.369 In the first round, Sinclair obtained a TCD for channel 27 through an approved NCA with station WRDC, Durham, NC.370 Sinclair’s comments claim that the power listed for channel 27 on Appendix B is incorrect.371 In fact, the proposed channel 27 power is less than the certified channel 57 power so that the post-transition facilities will match the certified facilities’ coverage.372 Consequently, no change in Appendix B is needed to provide WLFL-DT with its certified coverage. 135. KCET, Los Angeles, CA. Community Television of Southern California (“CTSC”), licensee of NCE station KCET, channel *28, and KCET-DT, channel *59, Los Angeles, CA, received channel *28 for its TCD in the proposed DTV Table.373 CTSC states in its comments that it certified that it would operate noncommercial educational station KCET with maximized facilities on channel *28 for post-transition operations but the Commission disapproved the election because it was projected to cause interference of 2.3 percent to the 366 Sinclair is the parent of WLFL Licensee, LLC, which is the named licensee of station WLFL. 367 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. 368 See Comments of Sinclair Broadcast Group, Inc., filed Jan. 25, 2007, at 2, 4. 369 See FCC File No. BCERCT-20041105AIM (Form 381 filed Nov. 8, 2004, certifying to its maximized facilities authorized in FCC File No. BMPCDT-19991021AAO – Form 301 granted Feb. 1, 2001). The CP authorized 1000 kW ERP for DTV channel 57. 370 See FCC File No. BFRECT-20050209AUR (Form 382, approved June 23, 2005). 371 See Sinclair Comments at 2, 4. 372 The adjustment in power is necessitated by the “dipole factor” that is applied to UHF TV service as determined pursuant to OET Bulletin 69. OET Bulletin No. 69, “Longley-Rice Methodology for Evaluating TV Coverage and Interference,” (Feb. 6, 2004) (“OET Bulletin No. 69”), available at www.fcc.gov/Bureaus/Engineering_Technology/ Documents/bulletins/oet69/oet69.pdf. A lower UHF channel requires less power to reach the same coverage area as a higher number UHF channel. 373 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. Federal Communications Commission FCC 07-138 56 elected DTV channel 27 of KEYT, Santa Barbara, California (analog channel 3, post-transition digital channel 27).374 CTSC states that it changed its election to specify replication facilities on channel *28 but reserved its right to seek maximized facilities should circumstances permit.375 136. On July 7, 2006, Smith Media License Holdings, LLC (“Smith”) filed a letter requesting a waiver of the July 1, 2006 replication/maximization deadline with respect to KEYT- DT.376 In that letter, Smith indicated that for KEYT-DT to operate with its allotted replication facilities, as the prior owner certified, Smith would have to increase the ERP for KEYT to approximately 698 kW.377 Smith indicated that, because of electrical capacity limits at the station’s antenna site, it did not anticipate being able to increase power at the antenna site until near the end of the DTV transition.378 137. According to CTSC, the maximized facilities it originally proposed for KCET-DT on Channel *28 would not cause impermissible interference to the facilities of KEYT-DT on Channel *27 if KEYT-DT operates with an ERP of 699 kW.379 Accordingly, CTSC requests that the Commission change DTV Table Appendix B to specify maximized parameters for KCET- DT. Smith objects to CTSC’s request and urges the Commission to continue to protect the KEYT-DT post-transition allotment.380 138. We deny the request of CTSC to change DTV Table Appendix B for KCET. We note the disagreement of CTSC, but have already determined that the KCET maximized facilities would cause interference to the certified facilities of KEYT-DT on its TCD in excess of the permissible limit. Our analysis was performed using computer software techniques that have been validated through extensive testing and comparison of results with similar software used by other parties participating in this proceeding. We are confident that the result of our interference analysis is correct, and there is no agreement with the affected station to accept this 374 See Comments of Community Television of Southern California, filed Jan. 25, 2007, at 1-2; See also FCC File No. BFREET-20050121ALB (disapproving KCET's Form 382 election of channel 28 and requiring conflict analysis); and FCC File No. BFRCET-20050815ABG (approving KCET's Form 383 to reduce facilities to eliminate the interference conflict that had prevented the election of channel 28). 375 Id. at 3. 376 See Smith Media License Holdings, Inc. ex parte MB Docket No. 03-15 (dated July 7, 2006). A copy of this letter is also attached as an exhibit to the CTSC Comments. 377 The proposed DTV Table Appendix B specifies an ERP for KEYT of 699 kW. 378 Id. at 2. Smith was subsequently granted a waiver of the use-or-lose deadline for KEYT until February 17, 2009. See Use or Lose Order, supra note 30, at ¶105. We note that the Commission recently denied KCET’s request for an extension of the digital television construction deadline on the ground that when KCET chose to amend its Conflict Resolution Form and to specify its licensed replication facilities, it gave up its rights to pursue the construction permit for its maximized facilities. See Construction Deadline Extension Order, supra note 30, at ¶ 89. In that Order, the Commission stated that KCET would not be permitted to pursue a construction permit that conflicts with the allotted facilities of another station (KEYT-DT). Id. CTSC filed a petition for reconsideration of the Construction Deadline Extension Order decision. See Petition for Reconsideration of Community Television of Southern California, Construction Deadline Extension Order FCC 07-91, adopted May 17, 2007. 379 See Response of Community Television of Southern California to Reply Comments of Smith Media License Holdings, LLC, filed Mar. 14, 2007, at 4. See also CTSC Comments at 4 and engineering statement. 380 See Reply Comments of Smith Media License Holdings, LLC., filed Feb. 26, 2007, at 4. Federal Communications Commission FCC 07-138 57 interference.381 The Commission will determine in the Third DTV Periodic Review Report and Order what interference standards and other procedures to apply to stations seeking to file applications for changes to station parameters post-transition. KCET may choose to file an application at that time.382 IV. EIGHTH FURTHER NOTICE OF PROPOSED RULEMAKING 139. As discussed above, the Seventh Further Notice finalized the DTV channel election process and began the final stage of the transition of the nation’s broadcast television system from analog to digital technology. Although virtually all potentially eligible stations were assigned TCDs at that time, the Seventh Further Notice noted that some applications for station licenses remained pending, and might be granted before the adoption of this Order.383 Some of these new permittee TCDs were granted too late to allow sufficient opportunity for public comment in the Seventh Further Notice rulemaking. In addition, several commenters submitted requests for substantive modifications to the Table or Appendix B after the close of the comment period. The Commission therefore issues this Eighth Further Notice of Proposed Rule Making, and solicits comment on the TCDs and modification requests discussed below. We emphasize that this Further Notice deals exclusively with the stations described below. All comments and reply comments should relate solely to the specific situations and issues raised herein. No further proposals for modification of the DTV Table or Appendix B will be entertained during this pleading cycle, and no such proposals should be raised during the comment or reply period. A. New Permittees 140. As described in the Seventh Further Notice, we are establishing a separate pleading cycle to give interested parties an opportunity for comment on new permittees that have attained permittee status too late to be considered in the Seventh Report and Order.384 Three new permittees have attained this status since we issued the New Permittees PN:385 Entravision Holdings, LLC, in Pueblo, Colorado (Analog channel 48), Richland Reserve, LLC in Greeley, Colorado (Digital channel 45), and Northwest Television, Inc. (“Northwest Television”) in Galesburg, Illinois (Digital channel 53). Post-transition, channel 48 in Pueblo would create no additional interference, and we therefore propose channel 48 as this station’s TCD. Interference analysis indicates, however, that post-transition, channel 45 in Greeley would cause 0.3 percent new interference. Therefore, we propose channel 49 as the TCD Richland Reserve, LLC. With 381 See ¶¶ 18-20, supra, for description of methodology used. Smith states that, until analog service is terminated, the extent to which KEYT-DT can increase power and replicate service post-transition will not be known with reasonable certainty. According to Smith, it cannot consent to KCET-DT’s proposed allotment expansion until it has determined the permissible post-transition ERP of KEYT-DT. Id. at 2, 4. 382 We also received comments requesting a change to the proposed DTV Table Appendix B filed on behalf of WPCW, Jeannette, PA, as well as an opposition to that request. Those comments and reply comments are discussed in the Eighth Further Notice, infra. 383 Seventh Further Notice, 21 FCC Rcd at 12118, ¶ 53. 384 See id. 385 See New Permittees Public Notice, DA 07-20, 72 FR 2485 (Jan. 19, 2007). Federal Communications Commission FCC 07-138 58 respect to the new permittee in Galesburg, IL, because channel 53 is an out-of-core channel, an engineering analysis was conducted and it was determined that channel 8 is the best available post-transition channel in Galesburg. Channel 8 creates no new interference to the TCD of another full-power station but would interfere with licensed Class A Station WQFL-CA, Rockford, IL.386 However, WQFL has an application for a minor modification of license pending,387 which would require a waiver of the filing freeze but which, if granted, would eliminate the interference from channel 8. In order to locate an interference-free post-transition channel for Galesburg, we propose to grant WQFL-CA a waiver of the filing freeze and grant the WQFL-CA modification application, thereby resolving any potential interference, and propose channel 8 as the TCD for Northwest Television. These proposals will further amend the new DTV Table of Allotments.388 In addition, we propose the specific technical facilities--effective radiated power (ERP), antenna height above average terrain (HAAT), antenna radiation pattern, and geographic coordinates--at which these stations would operate after the DTV transition.389 The attachment also includes information on predicted service area and population coverage. Consistent with paragraph 53 of the Seventh Further Notice, the Commission hereby invites public comment on these proposed changes to the new DTV Table. B. Late-Filed Requests for Changes to the Table of Allotments and Appendix B 141. As noted above, several stations filed requests for revisions to the proposed DTV Table and/or Appendix B either during the reply comment period or after the close of the filing period. In order to facilitate a rapid transition, late-filed requests for minor adjustments or changes necessary for the station to replicate have been granted where they were unopposed and cause no impermissible interference to any other station. In some cases, although the Commission would have looked favorably on the proposal had it been timely filed, we find it necessary to provide a full opportunity to comment. This is particularly the case where the proposed changes to the DTV Table and/or Appendix B could affect other stations. This Further Notice identifies these late-filed requested changes, and seeks comment. 1. Request to Make Changes That Meet the Interference Criteria 142. WTXF, Philadelphia, PA. Fox Television Stations of Philadelphia, Inc. (“Fox Philadelphia”), licensee of station WTXF-TV, channel 29, and WTXF-DT, channel 42, Philadelphia, PA, received channel 42 for its TCD in the proposed DTV Table.390 In late-filed comments, Fox Philadelphia asserts that the parameters described in Appendix B reflect out-of- date information, and requests that they be revised to match its CP for its authorized facility, which will replicate its analog facilities.391 Fox Philadelphia states that it is completing construction and expects to apply for the license to cover later this summer.392 We find analyzed 386 See FCC File No. BLTVL-19930625JV. 387 See FCC File No. BPTVA-20070312ACG. 388 See Appendix F. 389 See Appendix G. 390 See Seventh Further Notice, 21 FCC Rcd at 12123 Appendix A. 391 See Comments of Fox Television Stations of Philadelphia, Inc., filed June 19, 2007. See also BPCDT- 20020424AAZ; BCERCT-20041104AHH. 392 See Comments of Fox Philadelphia at 1. Federal Communications Commission FCC 07-138 59 the requested facilities for post-transition operation, and we find that WTXF would cause 1.31 percent interference to WMPT, Annapolis, MD (analog channel 22, post-transition digital channel 42), 0.58 percent interference to WSAH, Bridgeport, CT (analog channel 43, post- transition digital channel 42), and 0.86 percent interference to WNJT, Trenton, NJ (analog channel 52, post-transition digital channel 43). Because this request was filed too late to ensure a full opportunity for comment, and particularly in light of the predicted interference, we invite comment on this request in this Further Notice. 143. WDCA, Washington, DC. Fox Television Stations, Inc., (“Fox”), licensee of station WDCA-TV, channel 20, and WDCA-DT, channel 35, Washington DC, received channel 35 for its TCD in the Proposed DTV Table.393 Fox filed late comments requesting that the Commission modify Appendix B to reflect WDCA's actual, authorized facilities.394 WDCA-DT has a construction permit, FCC File No. BMPCDT-20060519ACK, that specifies facilities at its main studio where WDCA-DT is currently "located, authorized and operating," and WDCA-DT has applied for a license to cover that Construction Permit, FCC File No. BLCDT- 20070411AAH.395 As noted by Fox, previous engineering analysis had indicated that this location and these parameters cause no impermissible interference. The Commission proposes to grant this request and adjust the DTV Table and Appendix B accordingly. Therefore, we solicit comments on this proposal. 2. Request for Modified Coverage Area 144. KOAM, Pittsburg, KS. Saga Quad States Communications (“Saga”), licensee of station KOAM-TV, channel 7, and KOAM-DT, channel 13, Pittsburg, KS, received channel 7 for its TCD in the proposed DTV Table.396 Saga states that its current Appendix B parameters would allow it to reach only 83 percent of the audience it currently serves with its analog signal. Saga requests a revision to specify directional facilities for KOAM at an ERP of 15.33 kW, in order to more closely replicate its analog Grade B contour. Saga’s internal engineering study indicates that use of a directional antenna would prevent any station from receiving impermissible interference, while still allowing KOAM to reach 94.4 percent of people reached by its analog transmitter, an outcome it argues is in the public interest.397 We have analyzed KOAM's request and recalculated their Appendix B facilities based on replicating the analog coverage that was used to determine their initial DTV table facilities. We propose to adjust the DTV Table and Appendix B accordingly and solicit comments on this proposal.398 3. Requests for Alternative Channel Assignments 145. KOLO, Reno, NV. Gray Television Licensee, Inc. (“Gray”), licensee of station KOLO-TV, channel 8, and KOLO-DT, channel 9, Reno, NV, received channel 9 for its TCD in 393 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. 394 See Comments of Fox Television Stations, Inc., filed June 26, 2007. 395 Id. 396 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. 397 See Comments of Saga Quad States Communications, LLC, filed Mar. 27, 2007, at 3-5 and Attachment. 398 See Appendix G Federal Communications Commission FCC 07-138 60 the proposed DTV Table.399 Gray currently broadcasts from the same antenna on its NTSC channel 8 and DTV channel 9. Gray states that its antenna has been optimized for channel 8 for over 45 years, and Gray expresses concern that attempting to retune the antenna for use on its TCD channel 9 could lead to serious engineering difficulties. 400 Gray therefore requests that KOLO’s TCD be changed to permit it to return to its NTSC channel 8 post-transition. Engineering analysis indicates that this proposal by Gray would cause no additional interference. The Commission proposes to grant this request and adjust the DTV Table and Appendix B accordingly. Therefore, we solicit comments on this proposal. 146. WEHT, Evansville, IN. Gilmore Broadcasting Corporation (“Gilmore”), licensee of station WEHT, channel 25, and WEHT-DT, channel 59, Evansville, IN, received channel 25 for its TCD in the proposed DTV Table.401 Gilmore filed reply comments stating that WEHT could not serve its entire analog area using the TCD and parameters in the DTV Table and Appendix B. It proposes to change its TCD to channel 7 and adjust its parameters. Gilmore states that these proposed changes will increase its service area and eliminate the interference with WRTV-DT Indianapolis, IN (analog channel 6, post-transition digital channel 25) that would be caused by operating on channel 25.402 Engineering analysis shows that Gilmore’s proposed alternative channel would cause no additional interference. The Commission proposes to grant this request and adjust the DTV Table and Appendix B accordingly. Therefore, we solicit comments on this proposal. 147. KTRV, Nampa, ID. Idaho Independent Television, Inc. ("IIT"), licensee of KTRV, channel 12, and KTRV-DT, Nampa, Idaho, received channel 12 for its TCD in the proposed DTV Table.403 IIT filed late comments stating that it wishes to retain its existing DTV facilities for post-transition operation, and requests that Appendix B be revised to reflect those facilities.404 IIT requests its TCD be changed to channel 13 and its antenna ID to 28309. IIT states "[t]hese licensed facilities already have passed Canadian review once before, so further international coordination should be minimal." IIT makes no representation, however, about post-transition interference. In response to IIT's request, we studied KTRV's post-transition operation on channel 13 and propose to grant their requested channel change.405 We seek comment on this proposal. 148. WUOA, Tuscaloosa, AL. The University of Alabama, singleton licensee of analog station WUOA, channel 23, Tuscaloosa, AL, received channel 23 for its TCD in the proposed DTV Table.406 The University of Alabama filed an ex parte in June 2007 seeking a 399 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. 400 See Comments of Gray Television Licensee, Inc., filed June 18, 2007. 401 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. 402 See Reply Comments of Gilmore Broadcasting Corporation, filed Feb. 26, 2007 at 2. 403 See Seventh Further Notice, 21 FCC Rcd at 12123 App. A. 404 See Comments of Idaho Independent Television, Inc. (“IIT”), filed July 17, 2007. IIT simultaneously filed a Motion to Accept Late-Filed Comments, which is hereby granted. 405 See Appendices F and G. As described, supra ¶ 81, we do not include antenna identification numbers for stations operating with an omnidirectional antenna. 406 See Seventh Further Notice, 21 FCC Rcd at 12149, App. A. Federal Communications Commission FCC 07-138 61 channel change to a low VHF channel.407 The comment explained that the limited resources of the public university would be most efficiently used by broadcasting on a VHF channel, because of the lower cost of construction and operation of a VHF station as compared to a UHF station. We have considered and studied the University of Alabama’s request, and propose replication facilities for WUOA on channel 6. Engineering analysis shows that this alternative channel will cause no additional interference. The Commission seeks comment on this proposal. 4. Other Requests 149. WPCW, Jeannette, PA. CBS Corporation (“CBS”), parent company of the licensee of Station WPCW, channel 19, and applicant for construction permit for a DTV station on channel 49, Jeannette, PA, received channel 49 for its TCD in the proposed DTV Table.408 CBS requests a change in the parameters in the proposed Appendix B for WPCW to reflect those approved by the Commission in its 2006 decision amending the pre-transition DTV Table to substitute channel 49 for channel 30 as the digital frequency for WPCW and reallotting DTV channel 49 from Johnstown, Pennsylvania to Jeannette.409 Larry L. Schrecongost (“Schrecongost”), licensee of Class A television Station WLLS, channel 49, Indiana, Pennsylvania, opposes the CBS request and argues that the proposed DTV Table should specify channel 30 rather than channel 49 for WPCW.410 Schrecongost has also filed a petition for reconsideration of the 2006 Report and Order, which is currently pending. 150. In 1999, the former licensee of WPCW filed a petition for rule making seeking to modify the station’s DTV allotment from channel 30 to channel 49 and to change the station’s digital community of license from Johnstown to Jeannette. 411 That petition was subsequently amended to specify a new reference site.412 The petition for rule making was pending at the time the former licensee of WPCW certified to replication on FCC Form 381. Based on the pending rule making, WPCW elected channel 49 in the first round of the channel election process. The Seventh Further Notice specifies channel 49 for WPCW but lists technical parameters consistent with replication on channel 49 of the WPCW initial DTV allotment which was based on its analog facility. In the 2006 Report and Order, the Commission granted the WPCW rule making petition and, in addition to the channel change from 30 to 49, the Commission approved the requested site change for WPCW as well as an increase in ERP and other technical changes.413 407 See University of Alabama ex parte (dated June 1, 2007) (“Supplement to Comments”). 408 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. The licensee of WPCW is Pittsburgh Television Station WPCW, Inc., a wholly owned subsidiary of CBS. See Comments of CBS Corporation on Seventh Further Notice of Proposed Rule Making, filed Jan. 25, 2007, at 8. 409 See Amendment of Section 73.622(b), Table of Allotments, Digital Television Broadcast Stations (Johnstown and Jeannette, Pennsylvania), MB Docket No. 05-52, 21 FCC Rcd 1350 (2006) (“2006 Report and Order”). 410 See Comments of Larry L. Schrecongost, filed Jan. 25, 2007. 411 Notice of Proposed Rule Making, Amendment of Section 73.622(B), Table of Allotments, Digital Television Broadcast Stations (Johnstown and Jeannette, Pennsylvania), MB Docket No. 05-52, 20 FCC Rcd 3456 (2005). At the time the petition for rulemaking was filed, the station’s call sign was WNPA. We refer to the station herein by its current current call sign, WPCW. 412 Id. 413 See 2006 Report and Order, 21 FCC Rcd at 1352-3. Federal Communications Commission FCC 07-138 62 151. CBS argues in its comments that the DTV Table should reflect the revised parameters approved for WPCW in the 2006 Report and Order.414 Schrecongost argues that the Commission erred in granting the channel change and site change for WPCW as operation of that station on channel 49 in Jeannette would cause interference to WLLS in violation of the Community Broadcasters Protection Act of 1999 (“CBPA”).415 The CBPA gave certain low power television (LPTV) stations, known as Class A stations, some limited protection from interference by full-service stations. 152. We have determined that operation of WPCW on channel 49 at the site and parameters approved in the 2006 Report and Order would cause interference to the TCDs of two full-power stations in excess of the 0.1 percent standard for new interference that applies during the channel election process. Specifically, operation of WPCW on channel 49 would cause 1.61 percent new interference to WTAP, Parkersburg, WV (analog channel 15, post-transition digital channel 49), and 0.7 percent new interference to WPXI, Pittsburgh, PA (analog channel 11, post- transition digital channel 48).416 153. In light of the interference caused by WPCW on channel 49, we propose to provide WPCW with an alternative channel that would resolve this interference. Specifically, we propose to allot channel 11 to WPCW with the site location specified in the 2006 Report and Order. The specific technical facilities we propose for WPCW on channel 11 at this location are reflected in Appendix G, infra. Our analysis shows that operation of WPCW on channel 11 will not cause interference to the post-transition facilities of full power stations, nor to WLLS, the Class A station. 154. We believe that this proposal is consistent our objectives in this proceeding. Operation of WPCW on channel 11 instead of channel 49 would reduce the interference caused to other facilities, consistent with our goal of efficient spectrum use. In addition, changing the WPCW allotment from channel 49 to channel 11 would resolve the challenge by Class A station WLLS to the decision reached in the 2006 Report and Order. 417 Resolving this challenge avoids a potentially protracted appeal of the 2006 Report and Order and furthers our goal of finalizing DTV channels and facilities to permit stations to construct their post-transition facilities by the rapidly approaching transition deadline. 155. WGNO and WNOL, New Orleans, LA. As described in paragraph 89, Tribune (licensee of station WGNO, channel 26, permittee of WGNO-DT, channel 15, with TCD on channel 26, New Orleans, LA, and station WNOL, channel 38, and permittee of WNOL-DT, 414 See CBS Comments at 10. 415 Id. at 5; Reply Comments of Larry L. Schrecongost, filed Feb. 26, 2007, at 1. See also Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 – 1501A-598 (1999), codified at 47 U.S.C. § 336(f). Schrecongost argues that WPCW failed to comply with the requirements of the CPBA that would entitle its DTV facility to protection by WLLS. See Schrecongost Comments at 4-5 and Reply Comments at 2-3. In particular, Schrecongost argues that WPCW failed to file a notice informing the Commission of the station’s intent to seek maximized facilities and failed to file a maximization application by the deadline established in the CBPA. 416 Because WPCW was treated as having elected its pre-transition DTV channel for post-transition operations, it was awarded a TCD on channel 49 without analysis of interference caused to other stations. See ¶ 19, supra. 417 This proposed channel change for WPCW will moot the pending Petition for Reconsideration. Federal Communications Commission FCC 07-138 63 channel 40, New Orleans, LA, with TCD on channel 15) 418 filed late comments requesting a change in technical parameters for both stations.419 Tribune proposes to operate both WGNO and WNOL from the WDSU transmitter site and tower, 3.7 km from the WGNO/WNOL transmission site destroyed by Hurricane Katrina. Tribune proposes that WGNO and WNOL will share the antenna with WDSU (analog channel 6, pre- and post-transition digital channel 43). Tribune contends that operating their stations from this site will streamline their application process and allow Tribune to restore digital service to the New Orleans market more quickly.420 156. We have considered and studied Tribune’s request, and we find that the proposed parameters do not cause impermissible interference to any station.421 However, we find that the proposed parameters for both stations would exceed their authorized contours, in violation of the freeze. In light of the unusual circumstances that affect these stations due to the destruction of both stations’ analog and digital facilities, and the licensee’s desire to relocate the transmitter to reduce the risk of damage from future hurricanes, we propose to waive the freeze and substitute the technical parameters requested in the late-filed comments. We seek comment on this proposal. V. PROCEDURAL MATTERS A. Seventh Report and Order 1. Final Regulatory Flexibility Analysis 157. As required by the Regulatory Flexibility Act of 1980 (“RFA”),422 the Commission has prepared a Final Regulatory Flexibility Analysis (“FRFA”) relating to this Seventh Report and Order. The FRFA is set forth in Appendix E. 2. Final Paperwork Reduction Act Analysis 158. This Seventh Report and Order was analyzed with respect to the Paperwork Reduction Act of 1995 (“PRA”)423 and does not contain any information collection requirements.424 418 See Seventh Further Notice, 21 FCC Rcd at 12123, App. A. 419 Ex parte Comments of Tribune (dated July 23, 2007). 420 Id. 421 See Proposed Allotments for WGNO-DT, channel 26, and WNOL-DT, channel 15, Figure 1 and Figure 1 [sic] appended to ex parte Comments of Tribune (dated July 23, 2007). 422 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 et. seq., has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996). The SBREFA was enacted as Title II of the Contract With America Advancement Act of 1996 (“CWAAA”). 423 The Paperwork Reduction Act of 1995 (“PRA”), Pub. L. No. 104-13, 109 Stat 163 (1995) (codified in Chapter 35 of Title 44 U.S.C.). 424 See Seventh Further Notice, 21 FCC Rcd at 12119, ¶ 56. Federal Communications Commission FCC 07-138 64 3. Congressional Review Act 159. The Commission will send a copy of this Seventh Report and Order in a report to be sent to Congress and the Government Accountability Office, pursuant to the Congressional Review Act.425 B. Eighth Further Notice of Proposed Rulemaking 1. Initial Regulatory Flexibility Analysis 160. As required by the Regulatory Flexibility Act of 1980 (“RFA”),426 the Commission has prepared an Initial Regulatory Flexibility Analysis (“FRFA”) relating to this Eighth Further Notice of Proposed Rulemaking. The IRFA is set forth in Appendix H. 2. Initial Paperwork Reduction Act Analysis 161. This Eighth Further Notice of Proposed Rulemaking has been analyzed with respect to the PRA and does not contain proposed information collection requirements. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002.427 3. Ex Parte Rules 162. Permit-But-Disclose. This proceeding will be treated as a “permit-but-disclose” proceeding subject to the “permit-but-disclose” requirements under Section 1.1206(b) of the Commission’s rules.428 Ex parte presentations are permissible if disclosed in accordance with Commission rules, except during the Sunshine Agenda period when presentations, ex parte or otherwise, are generally prohibited. Persons making oral ex parte presentations are reminded that a memorandum summarizing a presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented is generally required.429 Additional rules pertaining to oral and written presentations are set forth in Section 1.1206(b). 4. Filing Requirements 163. Comments and Replies. Pursuant to Sections 1.415 and 1.419 of the Commission's rules,430 interested parties may file comments on or before 30 days after publication in the Federal Register, and reply comments on or before 45 days after publication in the Federal Register using: (1) the Commission’s Electronic Comment Filing System (“ECFS”), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.431 425 5 U.S.C. § 801(a)(1)(A). 426 See 5 U.S.C. § 603. 427 The Small Business Paperwork Relief Act of 2002 (“SBPRA”), Pub. L. No. 107-198, 116 Stat 729 (2002) (codified in Chapter 35 of title 44 U.S.C.); see 44 U.S.C. 3506(c)(4). 428 See 47 C.F.R. § 1.1206(b); see also 47 C.F.R. §§ 1.1202, 1.1203. 429 See id. § 1.1206(b)(2). 430 See 47 CFR §§ 1.415, 1419. 431 See Electronic Filing of Documents in Rulemaking Proceedings, 13 FCC Rcd 11322 (1998). Federal Communications Commission FCC 07-138 65 § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. § For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. 164. Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, S.W., CY-A257, Washington, D.C., 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat. 165. Accessibility Information. To request information in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the FCC’s Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This document can also be downloaded in Word and Portable Document Format (PDF) at: http://www.fcc.gov. Federal Communications Commission FCC 07-138 66 C. Additional Information 166. For more information on this Seventh Report and Order and Eighth Further Notice of Proposed Rulemaking, please contact Kim Matthews, Policy Division, Media Bureau at (202) 418-2154, Gordon Godfrey, Engineering Division, Media Bureau at (202) 418-2193, or Nazifa Sawez, Engineering Division, Media Bureau at (202) 418-7059. VI. ORDERING CLAUSES 167. IT IS ORDERED that, pursuant to the authority contained in Sections 1, 4(i) and (j), 7, 301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337 of the Communications Act of 1934, 47 U.S.C §§ 151, 154(i) and (j), 157, 301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337, this Seventh Report and Order and Eighth Further Notice of Proposed Rule Making IS ADOPTED. 168. IT IS FURTHER ORDERED that pursuant to the authority contained in Sections 1, 2, 4(i), 303, 303a, 303b, and 307 of the Communications Act of 1934, 47 U.S.C §§ 151, 152, 154(i), 303, 303a, 303b, and 307, the Commission’s rules ARE HEREBY AMENDED as set forth in Appendix A. 169. IT IS FURTHER ORDERED that the rules as revised in Appendix A SHALL BE EFFECTIVE 30 days after publication of the Seventh Report and Order and Eighth Further Notice of Proposed Rule Making in the Federal Register. 170. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Seventh Report and Order and Eighth Further Notice of Proposed Rule Making, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 171. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this Seventh Report and Order and Eighth Further Notice of Proposed Rule Making in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Federal Communications Commission FCC 07-138 67 APPENDIX A RULE CHANGES (POST-TRANSITION DTV TABLE OF ALLOTMENTS)1 Part 73 of the Commission’s Rules and Regulations (Chapter I of title 47 of the Code of Federal Regulations) is amended as follows: PART 73 -- RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 and 339. 2. Section 73.622 is amended by adding new paragraph (i) to read as follows: § 73.622 Digital television table of allotments. * * * * * (i) Post-Transition Table of DTV Allotments. ALABAMA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Anniston 9 Bessemer 18 Birmingham *10, 13, 30, 36, 50 Demopolis *19 Dothan 21, 36 Dozier *10 Florence 14, 20, *22 Gadsden 26, 45 Gulf Shores 25 Homewood 28 Huntsville 19, *24, 32, 41, 49 Louisville *44 Mobile 9, 15, 20, 23, 27, *41 Montgomery 12, 16, *27, 32, 46 Mount Cheaha *7 Opelika 47 Ozark 33 1 Note: Changes from proposed post-transition DTV Table of Allotments are in bold. Federal Communications Commission FCC 07-138 68 Selma 29, 42 Troy 48 Tuscaloosa 23, 33 Tuskegee 22 ALASKA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Anchorage 5, *8, 10, 12, 20, *26, 28, 32 Bethel *3 Fairbanks 7, *9, 11, 18 Juneau *10, 11 Ketchikan 13 North Pole 20 Sitka 7 ARIZONA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Douglas 36 Flagstaff 2, 13, 18, 32 Green Valley 46 Holbrook *11 Kingman 19 Mesa 12 Phoenix *8, 10, 15, 17, 20, 24, 26, 33, 39, 49 Prescott 7 Sierra Vista 44 Tolleson 51 Tucson 9, 19, 23, 25,*28, *30, 32, 40 Yuma 11, 16 ARKANSAS ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Arkadelphia *13 Camden 49 El Dorado *10, 27, 43 Eureka Springs 34 Fayetteville *9, 15 Fort Smith 18, 21, 27 Harrison 31 Hot Springs 26 Jonesboro 8, *20, 48 Federal Communications Commission FCC 07-138 69 Little Rock *7, 12, 22, 30, 32, *36, 44 Mountain View *13 Pine Bluff 24, 39 Rogers 50 Springdale 39 CALIFORNIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Anaheim 32 Arcata 22 Avalon 47 Bakersfield 10, 25, 33, 45 Barstow 44 Bishop 20 Calipatria 36 Ceres *15 Chico 24, 43 Clovis 43 Concord 14 Corona 39 Cotati *23 El Centro 9, 22 Eureka 3, *11, 17, 28 Fort Bragg 8 Fresno 7, 30, 34, 38, *40 Hanford 20 Huntington Beach *48 Long Beach 18 Los Angeles 7, 9, 11, 13, *28, 31, 34, 36, *41, 42, 43 Merced 11 Modesto 18 Monterey 31, 32 Novato 47 Oakland 44 Ontario 29 Oxnard 24 Palm Springs 42, 46 Paradise 20 Porterville 48 Rancho Palos Verdes 51 Redding 7, *9 Riverside 45 Sacramento *9, 10, 21, 35, 40, 48 Salinas 8, 13 San Bernardino *26, 38, Federal Communications Commission FCC 07-138 70 San Diego 8, 10, 18, 19, *30, 40 San Francisco 7, 19, 27, 29, *30, *33, 38, 39, 45, 51 San Jose 12, 36, 41, 49, *50 San Luis Obispo 15, 34 San Mateo *43 Sanger 36 Santa Ana 23 Santa Barbara 21, 27 Santa Maria 19 Santa Rosa 32 Stockton 25, 26, 46 Twentynine Palms 23 Vallejo 34 Ventura 49 Visalia 28, *50 Watsonville *25 COLORADO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Boulder 15 Broomfield *13 Castle Rock 46 Colorado Springs 10, 22, 24 Denver 7, 9, *18, 19, 32, 34, 35, *40, 43, 51 Durango 15, *20, 33 Fort Collins 21 Glenwood Springs 23 Grand Junction 2, 7, 12, 15, *18 Longmont 29 Montrose 13 Pueblo *8, 42 Steamboat Springs 10 Sterling 23 CONNECTICUT ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Bridgeport 42, *49 Hartford 31, 33, *45, 46 New Britain 35 New Haven *6, 10, 39 New London 26 Norwich *9 Waterbury 20 Federal Communications Commission FCC 07-138 71 DELAWARE ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Seaford *44 Wilmington *12, 31 DISTRICT OF COLUMBIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Washington 7, 9, *27, *33, 35, 36, 48, 50 FLORIDA ??????????????????????????????????????????????????? Community Channel No. ?????????????????????????????????????????????????? Boca Raton *40 Bradenton 42 Cape Coral 35 Clearwater 21 Clermont 17 Cocoa *30, 51 Daytona Beach 11, 49 Destin 48 Fort Lauderdale 30 Fort Myers 9, 15, *31 Fort Pierce 34, *38 Fort Walton Beach 40, 49, 50 Gainesville 9, 16, *36 High Springs 28 Hollywood 47 Jacksonville *7, 13, 19, 32, 34, 42, *44 Key West 3, 8 Lake Worth 36 Lakeland 19 Leesburg 40, *46 Live Oak 48 Marianna 51 Melbourne 43, 48 Miami 7, 10, *18, 19, *20, 22, 23, 31, 32, 35, 46 Naples 41, 45 New Smyrna Beach *33 Ocala 31 Federal Communications Commission FCC 07-138 72 Orange Park 10 Orlando 22, *23, 26, 27, 39, 41 Palm Beach 49 Panama City 7, 9, 13, *38 Panama City Beach 47 Pensacola 17, *31, 34, 45 Sarasota 24 St. Petersburg 10, 38, 44 Stuart 44 Tallahassee 24, 27, *32, 40 Tampa 7, 12, *13, 29, *34, 47 Tequesta 16 Tice 33 Venice 25 West Palm Beach 12, 13, *27, 28 GEORGIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Albany 10, 12 Athens *8, 48 Atlanta 10, 19, 20, *21, 25, 27, 39, *41, 43 Augusta 12, 30, 42, 51 Bainbridge 49 Baxley 35 Brunswick 24 Chatsworth *33 Cochran *7 Columbus 9, 15, *23, 35, 49 Cordele 51 Dalton 16 Dawson *8 Macon 13, 16, 40, 45 Monroe 44 Pelham *6 Perry 32 Rome 51 Savannah *9, 11, 22, 39 Thomasville 46 Toccoa 24 Valdosta 43 Waycross *8 Wrens *6 HAWAII ??????????????????????????????????????????????????? Federal Communications Commission FCC 07-138 73 Community Channel No. ??????????????????????????????????????????????????? Hilo 9, 11, 13, 22, 23 Honolulu 8, 9, *10, *11, 19, 23, 27, 31, 33, 35, 40, *43 Kailua 50 Kailua Kona 25 Kaneohe 41 Wailuku 7, *10, 12, 16, 21, 24 Waimanalo 38 IDAHO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Boise 7, *21, 28, 39 Caldwell 10 Coeur D'alene *45 Filer *18 Idaho Falls 8, 20, 36 Lewiston 32 Moscow *12 Nampa 12, 24 Pocatello 15, *17, 23, 31 Sun Valley 32 Twin Falls 11, *22, 34 ILLINOIS ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Aurora 50 Bloomington 28 Carbondale *8 Champaign 41, 48 Charleston *50 Chicago 7, 12, 19, *21, 27, 29, 31, 43, 45, *47 Decatur 18, 22 East St. Louis 47 Freeport 23 Harrisburg 34 Jacksonville *15 Joliet 38 LaSalle 10 Macomb *21 Marion 17 Moline *23, 38 Mount Vernon 21 Federal Communications Commission FCC 07-138 74 Olney *19 Peoria 19, 25, 30, 39, *46 Quincy 10, 32, *34 Rock Island 4 Rockford 13, 16, 42 Springfield 13, 42, 44 Urbana *9, 26 INDIANA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Angola 12 Bloomington *14, 27, 42, 48 Elkhart 28 Evansville *9, 25, 28, 45, 46 Fort Wayne 19, 24, 31, 36, *40 Gary *17, 51 Hammond 36 Indianapolis 9, 13, 16, *21, 25, *44, 45 Kokomo 29 Lafayette 11 Marion 32 Muncie 23 Richmond 39 Salem 51 South Bend 22, *35, 42, 48 Terre Haute 10, 36, 39 Vincennes *22 IOWA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Ames 5, 23, *34 Burlington 41 Cedar Rapids 9, 27, 47, 51 Council Bluffs *33 Davenport *34, 36, 49 Des Moines 8, *11, 13, 16, 31 Dubuque 43 Fort Dodge *25 Iowa City *12, 25 Mason City *18, 42 Newton 39 Ottumwa 15 Federal Communications Commission FCC 07-138 75 Red Oak *35 Sioux City 9, *28, 39, 41, 44 Waterloo 7, 22, *35 KANSAS ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Colby 17, 19 Derby 46 Dodge City *21 Ensign 6 Garden City 11, 13 Goodland 10 Great Bend 22 Hays 7, *16 Hoisington 14 Hutchinson *8, 12, 35 Lakin *8 Lawrence 41 Pittsburg 7, 13 Salina 17 Topeka *11, 12, 13, 27, 49 Wichita 10, 26, 31, 45 KENTUCKY ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Ashland *26, 44 Beattyville 7 Bowling Green 13, 16, *18, *48 Campbellsville 19 Covington *24 Danville 4 Elizabethtown *43 Harlan 51 Hazard 12, *16 Lexington 13, 39, 40, *42 Louisville 8, 11, *17, 26, *38, 47, 49 Madisonville 20, *42 Morehead *15, 21 Murray *36 Newport 29 Owensboro 30 Owenton *44 Paducah 32, 41, 49 Federal Communications Commission FCC 07-138 76 Pikeville *24 Somerset *14 LOUISIANA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Alexandria *26, 31, 35, 41 Baton Rouge 9, 13, *25, 34, 45 Columbia 11 Hammond 42 Lafayette 10, 16, *23, 28 Lake Charles 7, *20, 30 Minden 21 Monroe 8, *13 New Iberia 50 New Orleans 8, *11, 15, 21, 26, *31, 36, 43, 50 Shreveport 17, *25, 28, 34, 44 Slidell 24 West Monroe 36, 38 MAINE ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Augusta *10 Bangor 2, 7, 19 Biddeford *45 Calais *10 Lewiston 35 Orono *9 Poland Spring 8 Portland 38, 43, 44 Presque Isle 8, *10, 47 Waterville 23 MARYLAND ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Annapolis *42 Baltimore 11, 13, *29, 38, 40, 41, 46, Frederick *28 Hagerstown 26, 39, *44 Oakland *36 Salisbury 21, *28, 47 Federal Communications Commission FCC 07-138 77 MASSACHUSETTS ??????????????????????????????????????????????????? Community Channel No. ?????????????????????????????????????????????????? Adams 36 Boston 7, *19, 20, 30, 31, 32, 39, *43 Cambridge 41 Lawrence 18 Marlborough 27 New Bedford 22, 49 Norwell 10 Pittsfield 13 Springfield 11, *22, 40 Vineyard Haven 40 Worcester 29, *47 MICHIGAN ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Alpena 11, *24 Ann Arbor 31 Bad Axe *15 Battle Creek 20, 44 Bay City 22, 46 Cadillac 9, *17, 47 Calumet 5 Cheboygan 35 Detroit 7, 14, 21, 41, *43, 44, 45 East Lansing *40 Escanaba 48 Flint 12, 16, *28 Grand Rapids 7, *11, 13, 19 Iron Mountain 8 Ishpeming 10 Jackson 34 Kalamazoo *5, 8, 45 Lansing 36, 38, 51 Manistee *21 Marquette *13, 19, 35 Mount Clemens 39 Mount Pleasant *26 Muskegon 24 Onondaga 10 Saginaw 30, 48 Sault Ste. Marie 8, 10 Traverse City 7, 29 Federal Communications Commission FCC 07-138 78 MINNESOTA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Alexandria 7, 42 Appleton *10 Austin *20, 36 Bemidji *9, 26 Brainerd *28 Chisholm 11 Crookston *16 Duluth *8, 10, 17, 27, 33 Hibbing 13, *31 Mankato 12 Minneapolis 9, 11, 22, 29, 32, 45 Redwood Falls 27 Rochester 10, 46 St. Cloud 40 St. Paul *26, *34, 35 Thief River Falls 10 Walker 12 Worthington *15 MISSISSIPPI ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Biloxi 13, *16 Booneville *12 Bude *18 Columbus 35, *43 Greenville 15 Greenwood *25, 32 Gulfport 48 Hattiesburg 22 Holly Springs 41 Houston 45 Jackson 7, 12, *20, 21, 40, 51 Laurel 28 Magee 34 Meridian 11, 24, 31, *44 Mississippi State *10 Natchez 49 Oxford *36 Tupelo 8 Vicksburg 35 Federal Communications Commission FCC 07-138 79 West Point 16 MISSOURI ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Cape Girardeau 12, 22 Columbia 8, 17 Hannibal 7 Jefferson City 12, 20 Joplin *25, 43, 46 Kansas City 9, *18, 24, 31, 34, 42, 47, 51 Kirksville 33 Osage Beach 49 Poplar Bluff 15 Sedalia 15 Springfield 10, 19, *23, 28, 44 St. Joseph 7, 21 St. Louis 14, 24, 26, 31, 35, *39, 43 MONTANA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Billings 10, 11, 18 Bozeman *8, 13 Butte 5, 6, 19, 24 Glendive 10 Great Falls 7, 8, 26, 45 Hardin 22 Havre 9 Helena 12, 29 Kalispell 9 Lewistown 13 Miles City 3 Missoula 7, *11, 13, 17, 23 NEBRASKA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Alliance *13 Bassett *7 Grand Island 11, 19 Hastings 5, *28 Federal Communications Commission FCC 07-138 80 Hayes Center 18 Kearney 36 Lexington *26 Lincoln 8, 10, *12, 51 McCook 12 Merriman *12 Norfolk *19 North Platte 2, *9 Omaha 15, *17, 20, 22, 43, 45 Scottsbluff 7, 17, 29 Superior 34 NEVADA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Elko 10 Ely 3, 27 Goldfield 50 Henderson 9 Las Vegas 2, 7, *11, 13, 16, 22, 29 Laughlin 32 Paradise 40 Reno 7, 9, 13, *15, 20, 26, 44 Tonopah 9 Winnemucca 7 NEW HAMPSHIRE ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Concord 33 Derry 35 Durham *11 Keene *49 Littleton *48 Manchester 9 Merrimack 34 NEW JERSEY ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Atlantic City 44, 49 Burlington 27 Camden *22 Linden 36 Federal Communications Commission FCC 07-138 81 Montclair *51 New Brunswick *8 Newark 13, 30 Newton 18 Paterson 40 Secaucus 38 Trenton *43 Vineland 29 West Milford *29 Wildwood 36 NEW MEXICO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Albuquerque 7, 13, *17, 22, 24, 26, *35, 42, 45 Carlsbad 19, 25 Clovis 20 Farmington 8, 12 Hobbs 29 Las Cruces *23, 47 Portales *32 Roswell 8, 10, 21, 27 Santa Fe *9, 10, 27, 29 Silver City 10, 12 NEW YORK ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Albany 7, 12, 26 Amsterdam 50 Batavia 23 Bath 14 Binghamton 7, 8, 34, *42 Buffalo 14, 32, 33, 34, 38, 39, *43 Carthage 7 Corning *30, 48 Elmira 18, 36 Garden City *21 Ithaca 20 Jamestown 26 Kingston 48 New York 7, 11, *24, 28, 31, 33, 44 Federal Communications Commission FCC 07-138 82 North Pole 14 Norwood *23 Plattsburgh *38 Poughkeepsie 27 Riverhead 47 Rochester 10, 13, *16, 28, 45 Saranac Lake 40 Schenectady 6, *34, 43 Smithtown 23 Springville 7 Syracuse 15, 17, 19, 24, *25, 44, 47 Utica 27, 29, 30 Watertown 21, *41 NORTH CAROLINA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Asheville 13, *25, 45 Belmont 47 Burlington 14 Chapel Hill *25 Charlotte *11, 22, 23, 27, 34 Concord *44 Durham 11, 28 Edenton *20 Fayetteville 36, 38 Goldsboro 17 Greensboro 33, 43, 51 Greenville 10, 14, *23, 51 Hickory 40 High Point 8 Jacksonville *19, 34 Kannapolis 50 Lexington 19 Linville *17 Lumberton *31 Manteo 9 Morehead City 8 New Bern 12 Raleigh 27, 48, 49 Roanoke Rapids *36 Rocky Mount 15 Washington 32 Wilmington *29, 30, 44, 46 Wilson 42 Winston Salem 29, 31, *32 Federal Communications Commission FCC 07-138 83 NORTH DAKOTA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Bismarck 12, 16, *22, 26, 31 Devils Lake 8, *25 Dickinson 7, *9, 19 Ellendale *20 Fargo *13, 19, 21, 44 Grand Forks *15, 27 Jamestown 7 Minot 10, 13, 14, 24, *40 Pembina 12 Valley City 38 Williston 8, 14, *51 OHIO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Akron 23, 30, *50 Alliance *45 Athens *27 Bowling Green *27 Cambridge *35 Canton 39, 47 Chillicothe 46 Cincinnati 10, 12, 33, *34, 35 Cleveland 8, 15, 17, *26, 34 Columbus 13, 14, 21, 36, *38 Dayton *16, 30, 41, 50, 51 Lima 8, 47 Lorain 28 Mansfield 12 Newark 24 Oxford *28 Portsmouth 17, *43 Sandusky 42 Shaker Heights 10 Springfield 26 Steubenville 9 Toledo 5, 11, 13, *29, 46, 49 Youngstown 20, 36, 41 Zanesville 40 Federal Communications Commission FCC 07-138 84 OKLAHOMA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Ada 26 Bartlesville 17 Cheyenne *8 Claremore *36 Eufaula *31 Lawton 11 Muskogee 20 Norman 46 Oklahoma City 7, 9, *13, 15, 24, 27, 33, 40, 50, 51 Okmulgee 28 Shawnee 29 Tulsa 8, 10, *11, 22, 42, 45, 47, 49 Woodward 35 OREGON ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Bend *11, 21, 51 Coos Bay 11, 22 Corvallis *7 Eugene 9, 13, 17, *29, 31 Grants Pass 30 Klamath Falls 13, 29, *33 La Grande *13, 29 Medford 5, *8, 10, 12, 26 Pendleton 11 Portland 8, *10, 12, 40, 43, 45 Roseburg 18, 19, 45 Salem 22, 33 PENNSYLVANIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Allentown *39, 46 Altoona 24, 32, 46 Bethlehem 9 Clearfield *15 Erie 12, 16, 22, 24, *50 Greensburg 50 Harrisburg 10, 21, *36 Hazleton 45 Federal Communications Commission FCC 07-138 85 Jeannette 49 Johnstown 8, 34 Lancaster 8, 23 Philadelphia 6, 17, 26, 32, 34, *35, 42 Pittsburgh *13, 25, 38, 42, 43, 48, 51 Reading 25 Red Lion 30 Scranton 13, 32, 38, *41, 49 Wilkes Barre 11 Williamsport 29 York 47 RHODE ISLAND ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Block Island 17 Providence 12, 13, *21, 51 SOUTH CAROLINA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Allendale *33 Anderson 14 Beaufort *44 Charleston *7, 24, 34, 36, 47, 50 Columbia 8, 10, 17, *32, 47, 48 Conway *9 Florence 13, 16, 21, *45 Georgetown *38 Greenville *9, 16, 21, 36 Greenwood *18 Hardeeville 28 Myrtle Beach 18, 32 Rock Hill 15, 39 Spartanburg 7, 43 Sumter *28, 39 SOUTH DAKOTA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Aberdeen 9, *17 Brookings *8 Eagle Butte *13 Florence 3 Federal Communications Commission FCC 07-138 86 Huron 12 Lead 10, 29 Lowry *11 Martin *8 Mitchell 26 Pierre *10, 19 Rapid City 2, 7, 16, 21, *26 Reliance 13 Sioux Falls 7, 11, 13, *24, 36, 47 Vermillion *34 TENNESSEE ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Chattanooga 9, 12, 13, *29, 40 Cleveland 42 Cookeville *22, 36 Crossville 20 Greeneville 38 Hendersonville 51 Jackson 39, 43 Jellico 23 Johnson City 11 Kingsport 19 Knoxville 7, 10, *17, 26, 30, 34 Lebanon 44 Lexington *47 Memphis 5, *10, 13, *23, 25, 28, *29, 31, 51 Murfreesboro 38 Nashville 5, *8, 10, 15, 21, 23, 27, Sneedville *41 Tazewell 48 TEXAS ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Abilene 15, 24, 29 Alvin 36 Amarillo 7, *8, 10, 15, 19 Arlington 42 Austin 7, 21, *22, 33, 43, 49 Baytown 41 Beaumont 12, 21, *33 Belton 46 Big Spring 33 Federal Communications Commission FCC 07-138 87 Blanco 18 Borger 31 Brownsville 24 Bryan 28, 50 College Station *12 Conroe 32, 42 Corpus Christi 8, 10, 13, *23, 27, 38 Dallas 8, *14, 32, 35, 36, 40, 45 Decatur 30 Del Rio 28 Denton *43 Eagle Pass 18 El Paso 7, 9, *13, 15, 18, 25, *39, 51 Farwell 18 Fort Worth 9, 11, 18, 41 Fredericksburg 5 Galveston *23, 48 Garland 23 Greenville 46 Harlingen 31, *34, 38 Houston *8, 11, 13, 19, *24, 26, 35, 38, 44 Irving 48 Jacksonville 22 Katy 47 Kerrville 32 Killeen 13 Lake Dallas 39 Laredo 8, 13, 19 Llano 27 Longview 31, 38 Lubbock 11, 16, 27, 35, *39, 40 Lufkin 9 Mcallen 49 Midland 18, 26 Nacogdoches 18 Odessa 7, 9, 23, 30, *38, 42 Port Arthur 40 Rio Grande City 20 Rosenberg 45 San Angelo 11, 16, 19 San Antonio *9, 12, *16, 30, 38, 39, 41, 48, Sherman 12 Snyder 17 Sweetwater 20 Temple 9 Texarkana 15 Tyler 7 Federal Communications Commission FCC 07-138 88 Uvalde 26 Victoria 11, 15 Waco 10, *20, 26, 44 Weslaco 13 Wichita Falls 15, 22, 28 Wolfforth 43 UTAH ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Cedar City 14 Logan 12 Ogden 24, *36, 48 Price 11 Provo 29, 32, *44 Richfield *19 Salt Lake City 13, 20, 34, 38, 40, *42, 46 St. George 9, *18 Vernal 16 VERMONT ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Burlington 13, 22, *32, 43 Hartford 25 Rutland *9 St. Johnsbury *18 Windsor *24 VIRGINIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Arlington 15 Ashland 47 Bristol 5 Charlottesville 19, 32, *46 Danville 24 Fairfax *24 Front Royal *21 Goldvein *30 Grundy 49 Hampton 13 Hampton Norfolk *16 Harrisonburg 49 Federal Communications Commission FCC 07-138 89 Lynchburg 13, 20 Manassas 34 Marion *42 Norfolk 33, 40, 46 Norton *32 Petersburg 22 Portsmouth 31, 50 Richmond 12, 25, 26, *42, *44 Roanoke *3, 17, 18, 30, 36 Staunton *11 Virginia Beach 7, 29 WASHINGTON ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Bellevue 33, 50 Bellingham 19, 35 Centralia *19 Everett 31 Kennewick 44 Pasco 18 Pullman *10, 24 Richland 26, *38 Seattle *9, 25, 38, 39, 44, 48 Spokane 7, *8, 13, 20, 28, 34, 36 Tacoma 11, 13, 14, *27, *42 Vancouver 30 Walla Walla 9 Yakima 14, 16, *21, 33 WEST VIRGINIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Bluefield 40, 46 Charleston 19, 39, 41 Clarksburg 10, 12 Grandview *10 Huntington 13, 23, *34 Lewisburg 8 Martinsburg 12 Morgantown *33 Oak Hill 50 Parkersburg 49 Weston 5 Wheeling 7 Federal Communications Commission FCC 07-138 90 WISCONSIN ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Antigo 46 Appleton 27 Chippewa Falls 49 Crandon 12 Eagle River 28 Eau Claire 13, 15 Fond Du Lac 44 Green Bay 11, 23, 39, 41, *42 Janesville 32 Kenosha 40 La Crosse 8, 14, 17, *30 Madison 11, 19, *20, 26, 50 Mayville 43 Menomonie *27 Milwaukee *8, 18, 22, 25, 28, 33, 34, *35, 46 Park Falls *36 Racine 48 Rhinelander 16 Superior 19 Suring 21 Wausau 7, 9, *24 Wittenberg 50 WYOMING ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Casper *6, 12, 14, 17, 20 Cheyenne 11, 27, 30 Jackson 2, 11 Lander 7, *8 Laramie *8 Rawlins 9 Riverton 10 Rock Springs 13 Sheridan 7, 13 GUAM ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Agana 8, 12 Federal Communications Commission FCC 07-138 91 Tamuning 14 PUERTO RICO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Aguada 50 Aguadilla 12, 17, *34 Arecibo 14, 46 Bayamon 30 Caguas 11, *48 Carolina 51 Fajardo 13, *16, 33 Guayama 45 Humacao 49 Mayaguez 22, 23, 29, 35 Naranjito 18 Ponce 7, 9, 15, 19, *25, 47 San Juan 21, 27, 28, 31, 32, *43 San Sebastian 39 Yauco 41 VIRGIN ISLANDS ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Charlotte Amalie 17, 43, *44 Christiansted 15, 20, 23 Federal Communications Commission FCC 07-138 92 APPENDIX B PROPOSED DTV TABLE OF ALLOTMENTS INFORMATION The table in this appendix presents the Commission’s assignments of DTV channel allotments to individual broadcast television stations for post-transition DTV operations. It sets forth the technical facilities – effective radiated power, antenna height above average terrain, and antenna identification code – and transmitter site for which each TV station would be authorized on its post-transition channel. The table also provides information on stations’ predicted service coverage and the percentage of their service population that would be affected by interference received from other DTV stations. The channels here are the same as those the Commission is including in the new DTV Table of Allotments (DTV Table), codified in Section 73.622(i) of the rules (see Appendix A.). The table includes a DTV channel assignment for all television stations that are eligible under the qualifying criteria, set forth in the Second DTV Periodic Report and Order and reiterated in the discussion above. The technical facilities parameters, which were also used for calculation of the tabulated engineering information, were developed in the three-round channel election process that the Commission conducted to create the proposed DTV Table, in some cases modified in response to comments filed in this proceeding. These technical facilities data are also available in an EXCEL format at http://www.fcc.gov/dtv. Data Elements Facility ID: A five-digit code for identification of TV or DTV stations associated with channel allotments. A unique code is assigned to each station at the time the Commission first receives an application for a construction permit for that station and does not change, even where the license for the station changes ownership or major changes are made to the station, such as a change of channel or community. City and State: The city and state to which the channel is allotted and the station is licensed to serve. NTSC Channel: The station’s current analog (NTSC) channel. This field is left blank in the case of stations that are only licensed to operate digital television service. If a station currently operates only an analog channel, that analog channel will appear in this field. Note: Stations must cease analog operations at the end of the DTV transition on February 17, 2009. See 47 U.S.C. § 309(j)(14)(A). DTV Channel: The channel assigned for the station’s post-transition DTV operation. DTV Power: The effective radiated power (ERP) for the station’s post-transition DTV operation. This value is the ERP specified for the station’s post-transition operation in the channel election process or modified in response to comments in this proceeding. Accordingly, the ERP may be the station’s: (1) currently authorized ERP, (2) 1997 service replication ERP, (3) other allowable value to which it agreed to operate to resolve a conflict or as part of a negotiated agreement in the channel election process; or (4) in cases where a station’s assigned Federal Communications Commission FCC 07-138 93 DTV channel is not its current DTV channel, a value determined by the Commission that will enable the station to provide coverage of the station’s service area as specified in the channel election process. The value shown is the maximum, over a set of uniformly spaced compass directions, of the ERP values used in determining the station’s specified noise-limited DTV service contour. This value is used in the calculations of service and interference also shown herein. In cases where the TV Engineering Database indicated employment of a directional antenna, the ERP in each specific direction was determined through linear interpolation of the relative field values describing the directional pattern. (The directional pattern stored in the FCC computer database provides relative field values at 10 degree intervals and may include additional values in special directions. The result of linear interpolation of these relative field values is squared and multiplied by the overall maximum ERP listed for the station in the TV Engineering Database to find the ERP in a specific direction.) Where a station’s ERP was determined by the Commission, it was calculated using the following methodology. First, the distance to the station’s noise-limited DTV contour (or Grade B contour for stations that do not have a DTV channel) was determined in each of 360 uniformly spaced compass directions starting from true north. This determination was made using information in the engineering database, including directional antenna data, and using terrain elevation data at points separated by 3 arc-seconds of longitude and latitude, in conjunction with the FCC F(50,90) curves. The FCC curves (47 C.F.R. §73.699) were applied in the usual way, as described in 47 C.F.R. §73.684, to find this noise-limited contour distance, with the exception that dipole factor considerations were applied to the field strength contour specified in 47 CFR §73.683 for UHF channels. The station’s post-transition DTV ERP was then calculated by a further application of FCC curves, with noise-limited DTV coverage defined as the presence of field strengths of 28 dBu, 36 dBu, and 41 dBu as set forth in Section 73.622(e) of the rules, respectively for low-VHF, high- VHF and UHF, at 50 percent of locations and 90 percent of the time. The family of FCC propagation curves for predicting field strength at 50 percent of locations 90 percent of the time is found by the formula F(50, 90) = F(50, 50) - [F(50, 10) - F(50, 50)]. That is, the F(50, 90) value is lower than F(50, 50) by the same amount that F(50, 10) exceeds F(50, 50). At UHF, the precise value 41 dBu was applied for channel 38; and the value used for other UHF channels is 41 dBu plus a dipole factor modification. This results in reception on channel 14 needing 2.3 dB less, and channel 69 needing 2.3 dB more, than the 41 dBu for channel 38. The dipole factor modification used in ERP calculations is equal to 20 times log10 of the ratio of the center frequency of the UHF channel of interest to the center frequency of channel 38. In general, these computations of a station’s DTV power on a new channel to match the distance to its noise-limited contour result in ERP values which vary with azimuth. For example, the azimuthal ERP pattern that replicates for a UHF channel, the noise-limited contour of an omnidirectional VHF operation will be somewhat different because terrain has a different effect on propagation in the two bands. Thus, the procedure described here effectively derives a new directional antenna pattern wherever necessary for a precise match according to FCC curves. Federal Communications Commission FCC 07-138 94 Finally, the ERP specified for a station’s new UHF DTV channel was limited so that it does not exceed 1 megawatt. This was done by scaling the azimuthal power pattern rather than by truncation. For example, if replication by FCC curves as described above requires an ERP of 1.2 megawatts, the power pattern is reduced by a factor of 1.2 in all directions. The azimuthal pattern is used in subsequent service and interference calculations for the station. Antenna Height: The height of the station’s transmitting antenna above average terrain, that is, antenna height above average terrain (antenna HAAT). In general, the antenna HAAT value shown for each station is the same as that specified for the station in the channel election process. This value represents the height of the radiation center of the station whose service area is being replicated, above terrain averaged from 3.2 to 16.1 kilometers (2 to 10 miles) from the station’s transmitter site, over 8 evenly spaced radials. In computations of service coverage and interference, the value of antenna HAAT was determined every 5 degrees directly from the terrain elevation data, and by linear interpolation for compass directions in between. Antenna ID: A six digit number that identifies the radiation pattern for the station’s transmitting antenna that is stored in the Commission’s Consolidated Database System (CDBS). In cases where a station’s post-transition channel is the same as its currently assigned DTV channel, the station’s antenna pattern is the same as its certified facilities antenna. In other cases, such as where a station chose its analog channel or a different channel, or where the Commission’s staff selected a “best available” channel for the station’s post-transition operation, the antenna pattern for the station was developed by our computer software to allow the station to replicate the coverage area reached by operation at its certified facilities on its proposed channel (i.e., the station’s TCD from the channel election process); or the station has indicated that it would use a particular antenna for its post-transition operation in the channel election process, the station’s antenna pattern is the same as specified in Schedule B of FCC Forms 383 and 385. These antenna patterns are used in the calculation of service area and interference. The CDBS can be accessed on the Internet at www.fcc.gov/mb/cdbs.html. Transmitter Latitude: The geographic latitude coordinates of the station’s transmitter location. Transmitter Longitude: The geographic longitude coordinates of the station’s transmitter location. Service Area, Service Population, and Percent Interference Received: Under the heading “DIGITAL TELEVISION SERVICE AFTER THE TRANSITION,” prospective conditions are evaluated in terms of both area and population. The values tabulated under this heading are net values: service area is the area within a station’s noise-limited service contour where the desired signal is above the DTV noise threshold, less the area where service receives predicted interference from other DTV stations. Similarly, the number of people served is the population within a station’s noise-limited service contour receiving an adequate signal relative to noise excluding people in areas with predicted interference. The level of interference received to a station’s service is calculated based on desired-to-undesired (D/U) ratios, and these levels must be above certain threshold values for acceptable service. The percent interference received value is the percentage of the station’s service coverage within its noise-limited service contour that is affected by predicted interference from other DTV stations. The threshold values used to prepare the interference estimates in this appendix are those set forth in Section 73.623(c) of the Federal Communications Commission FCC 07-138 95 rules, 47 C.F.R. § 73.623(c). The procedure used to identify areas of service and interference is that specified in OET Bulletin No. 69. See OET Bulletin No. 69, Longley-Rice Methodology for Evaluating TV Coverage and Interference, February 6, 2004 (“OET Bulletin No. 69”), available at www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf. [Note: DTV Table of Allotments Information is attached separately in Microsoft Excel format.] Federal Communications Commission FCC 07-138 96 APPENDIX C List of Commenters and Reply Commenters Comments (filed by Jan. 25, 2007) 1. 54 Broadcasting, Inc. 2. Alabama Educational Television Commission 3. Alaska Broadcasting Company, Inc. 4. The Allen Broadcasting Corp. 5. Amarillo Junior College District 6. Arizona Board of Regents 7. Arkansas Educational Television Commission 8. Association of Federal Communications Consulting Engineers 9. Barrington Bay City License LLC 10. Barrington Peoria License LLC 11. Bluestone License Holdings, Inc. 12. Board of Regents of Oklahoma Colleges/Roger State University 13. The Board of Trustees of Southern Illinois University 14. Board of Trustees of Northern Michigan University 15. Ronald J. Brey 16. Brazos Valley Public Broadcasting Foundation 17. CBS Corporation 18. Capital Community Broadcasting, Inc. 19. Capital Broadcasting Company, Inc. 20. Christian Faith Broadcast, Inc. 21. Christian Worldview Broadcasting Corporation 22. CMCG Puerto Rico License, LLC 23. Collins Broadcasting Company 24. Colorado Public Television 25. Community Television of Southern California – KCET 26. Connecticut Public Broadcasting, Inc. 27. Corridor Television LLP Licensee of KCWX, Fredericksburg, Texas 28. The Curators of the University of Missouri 29. Delta College 30. Dept. of Information Technology and Telecommunication of the City of New York 31. Dispatch Broadcast Group 32. Diversified Broadcasting, Inc. 33. Dominion Broadcasting, Inc. 34. Duluth-Superior Area Educational Television Corporation – WDSE Federal Communications Commission FCC 07-138 97 35. Eastern Illinois University 36. Eastern Television Corporation 37. Educational Broadcasting Foundation, Inc. 38. Ellis Communications KDOC Licensee, Inc. 39. Entravision Holdings, LLC 40. Evangelistic Alaska Missionary Fellowship, Inc. 41. Flathead Adventist Radio, Inc. 42. Florida West Coast Public Broadcasting, Inc. 43. John F. Fleming 44. Florida West Coast Public Broadcasting, Inc. 45. Florida State University 46. Gainesville Channel 61 Associates, Inc. 47. Georgia Public Telecommunications Commission 48. Granite Broadcasting Corporation 49. Grant Educational Foundation, et. al. 50. Gray Television Licensee, Inc. 51. Griffin Tulsa II Licensing, LLC 52. Hearst-Argyle Television, KCWE LMA Inc., and WMOR-TV Company 53. Hoak Media, LLC 54. ICA Broadcasting I, Ltd., Licensee of KOSA-TV 55. International Broadcasting Corporation 56. Jackson Television, LLC 57. KATC Communications, Inc. 58. Ketchikan TV, LLC 59. KEVN, Inc. 60. KM Television of Iowa, LLC, KM Television of Flagstaff, LLC 61. KOB-TV, LLC 62. KOCE-TV Foundation 63. KPAX Communications, Inc. 64. KRTV Communications, Inc. 65. KTVQ Communications, Inc. 66. KVIE, Inc. 67. KVOA Communications, Inc. 68. LIN of Alabama, LLC 69. Malara Broadcast Group, Inc. 70. Maritime Communications/Land Mobile, LLC 71. Mc-Graw Hill Broadcasting Company, Inc. 72. Media General Communications Holdings, LLC 73. Meredith Corporation 74. Mid State Television, Inc. 75. Mission Broadcasting, Inc. 76. Mississippi Authority for Educational Television 77. Mississippi Broadcasting Partners Federal Communications Commission FCC 07-138 98 78. Mitts Telecasting Company 79. Morris Network, Inc. 80. Mt. Mansfield Television, Inc. 81. Mountain Licenses, LP 82. NBC Telemundo License Co. 83. NEPSK, Inc. 84. New Jersey Public Broadcasting Authority 85. New York Times Management Services 86. Newport License Holdings, Inc. 87. Newschannel 5 Network, L.P. 88. Nexstar Broadcasting, Inc. 89. Northern California Public Television 90. Northern California Public Broadcasting Inc. – KQED 91. Oral Roberts University 92. Pappas Entities 93. Pappas Telecasting of America & South Central Communications Corporation 94. Parker Broadcasting, Inc. 95. Paxson Communications License Company, LLC 96. Paxson Denver License, Inc. 97. Paxson Hartford License, Inc. 98. Paxson Jax License, Inc. 99. Paxson Kansas City License, Inc. 100. The Pennsylvania State University 101. Piedmont Television of Huntsville License, LLC and Huntsville Broadcasting Corporation 102. Piedmont Television of Macon License, LLC 103. Piedmont Television of Monroe/El Dorado License LLC 104. Prime Time Christian Broadcasting, Inc. 105. The PSC Liquidating Trust 106. Puerto Rico Public Broadcasting Corporation 107. Ramar Communications II, Ltd. 108. Raycom TV Broadcasting, Inc. 109. Red River Broadcast, LLC 110. Red River Broadcast Co., LLC – KBRR 111. Red River Broadcast Co., LLC – KJRR 112. St. Lawrence Valley Educational Television Council, Inc. 113. Sangre de Christo Communications, Inc. 114. School Board of Broward County, Florida 115. Larry L. Schrecongost 116. Scripps Howard Broadcasting Company – KNXV-DT 117. Scripps Howard Broadcasting Company – WCPO-DT 118. Siete Grande Television, Inc. 119. Sinclair Broadcast Group, Inc. 120. Smith Media License Holdings, LLC 121. South Carolina Educational Television Commission 122. South Dakota Board of Directors for Educational Telecommunications 123. Stainless Broadcasting, LP Federal Communications Commission FCC 07-138 99 124. State Board of Education, State of Idaho 125. Sunbeam Television Corporation 126. Surtsey Media, LLC 127. Tanana Valley Television Company 128. Television Capital Corporation of Mobile 129. University of Houston System 130. The University of North Carolina 131. Thomas Broadcasting Company 132. Trinity Christian Center of Santa Ana, Inc., et. Al. (Supplement to Comment) 133. Twin Cities Public Television, Inc. 134. University of Alaska 135. University of New Hampshire 136. Univision Communications, Inc. 137. Virgin Islands Public Television System 138. WHDH-TV 139. WLEX Communications, LLC 140. WMHT Educational Telecommunications 141. WMYT-TV, Inc. 142. WNYT-TV, LLC 143. WQED Multimedia 144. WVVA Television, Inc. 145. Waitt Broadcasting, Inc. 146. The Walt Disney Company 147. Washburn University of Topeka 148. West Virginia Educational Broadcasting Authority 149. West Virginia Media Holdings, LLC 150. Western Kentucky University 151. Woods Communications Corporation 152. Young Broadcasting, Inc. Reply Comments (filed by Feb. 26, 2007) 1. Association for Maximum Service Television, Inc. 2. Ronald J. Brey 3. CBS Corporation 4. Capital Broadcasting Company, Inc. 5. Cohen, Dippell and Everist, P.C. (Some appear to be filed as late comments) 6. Concilio Mision Cristiana Fuente De Agua Viva, Inc. (written as comment) 7. Connecticut Public Broadcasting, Inc. 8. Davis Television Clarksburg, LLC 9. Ebenezer Broadcasting Group, Inc. (written as comment) 10. Florida West Coast Public Broadcasting, Inc. 11. Gilmore Broadcasting Corporation 12. KPAX Communications, Inc. 13. Larry L. Schrecongost 14. McGraw Hill Broadcasting Company, Inc. 15. Midwest Television, Inc. 16. Nexstar Broadcasting, Inc. 17. Paging Systems, Inc. Federal Communications Commission FCC 07-138 100 18. Quincy Broadcasting Company (filed jointly with WREX Television, LLC) 19. Smith Media License Holdings, LLC 20. Southern Broadcasting, Inc. (resubmitting comments they stated were filed January 25, 2007) 21. WSJV Television, Inc. 22. WVVA Television, Inc. 23. The Walt Disney Company Late-filed Ex Parte Comments (filed after Feb. 26, 2007) 1. Alamo Public Telecommunications Council 2. The Board of Trustees of the University of Alabama 3. CBS Corporation (Supplemental comments) 4. Community Television of Southern California – KCET (response to Reply comments) 5. Corridor Television LLP Licensee of KCWX, Fredericksburg, Texas (supplemental) 6. Davis Television Clarksburg, LLC 7. Gray Television, Inc. 8. Fox Television Stations, Inc. 9. Fox Television Stations of Philadelphia, Inc. 10. Georgia Public Telecommunications Commission (supplemental) 11. Idaho Independent Television, Inc. 12. KTBC License, Inc. 13. La Cadena Del Milagro, Inc. 14. Oklahoma Educational Television Authority 15. Oklahoma Land Company LLC 16. Richland Reserve, LLC 17. Saga Quad States Communications, LLC 18. Smith Media License Holdings, LLC (supplement to comment) 19. Southern Broadcasting, Inc. (raising new issues) 20. Tribune Broadcasting Company Ex parte 1. Association for Maximum Service Television, Inc. 2. Association of Public Television Stations, PBS, CPB 3. Christian Faith Broadcast, Inc. 4. Colorado Public Television 5. Corridor Television LLP 6. Dispatch Broadcast Group 7. Gilmore Broadcasting Corporation 8. Gray Television, Inc. 9. KTBC License, Inc. 10. Mt. Mansfield Television, Inc. 11. New America Foundation 12. Pacifica Broadcasting Company & Oceania Christian Church 13. Sangre de Cristo Communications, Inc. 14. Siete Grande Television, Inc. 15. Tribune Broadcasting Company 16. West Virginia Educational Broadcasting Authority 17. WSJV Television, Inc. Federal Communications Commission FCC 07-138 101 APPENDIX D1 GRANTED REQUESTS FOR MINOR ADJUSTMENTS Call Sign Facility ID # Community State Current NTSC Channel Current DTV Channel Post Transition Channel KVEA 19783 CORONA CA 52 39 39 KWHY 26231 LOS ANGELES CA 22 42 42 KCRA 33875 SACRAMENTO CA 3 35 35 KQED 35500 SAN FRANCISCO CA 9 30 30 WSCV 64971 FORT LAUDERDALE FL 51 52 30 KMEG 39665 SIOUX CITY IA 14 39 39 WEEK 24801 PEORIA IL 25 57 25 WPTA 73905 FORT WAYNE IN 21 24 24 WRTV-DT 40877 INDIANAPOLIS IN 6 25 25 WNEM-DT 41221 BAY CITY MI 5 22 22 WMYD 74211 DETROIT MI 20 21 21 KPXE-DT 33337 KANSAS CITY MO 50 51 51 WRAL 8688 RALEIGH NC 5 53 48 KSNB 21161 SUPERIOR NE 4 34 34 WKBW 54176 BUFFALO NY 7 38 38 WTVH 74151 SYRACUSE NY 5 47 47 KDOR 1005 BARTLESVILLE OK 17 15 17 WPMT 10213 YORK PA 43 47 47 WQHA 3255 AGUADA PR 50 62 50 WATE 71082 KNOXVILLE TN 6 26 26 WSLS 57840 ROANOKE VA 10 30 30 WBAY 74417 GREEN BAY WI 2 23 23 Federal Communications Commission FCC 07-138 102 APPENDIX D2 GRANTED REQUESTS FOR CHANGES TO CERTIFICATION THAT MEET THE INTERFERENCE CRITERIA Call Sign Facility ID # Community State Current NTSC Channel Current DTV Channel Post Transition Channel File No. KTVA 49632 ANCHORAGE AK 11 28 28 BLCDT-20061113AAT KATN 13813 FAIRBANKS AK 2 18 18 BMPCDT-20070222AAL KJUD 13814 JUNEAU AK 8 11 11 BMCDT-20070412AAI KTOO 8651 JUNEAU AK 3 10 10 BLEDT-20040730ABD WDHN 43846 DOTHAN AL 18 21 21 BMPCDT-20070125ACS WTTO 74138 HOMEWOOD AL 21 28 28 BMPCDT-20041104AMB WAAY 57292 HUNTSVILLE AL 31 32 32 BLCDT-20050701ABO WMPV 60827 MOBILE AL 21 20 20 BLCDT-20060703AAJ KTVE 35692 EL DORADO AR 10 27 27 BLCDT-20070105ABH KHOG 60354 FAYETTEVILLE AR 29 15 15 BLCDT-20020904AAX KHBS 60353 FORT SMITH AR 40 21 21 BLCDT-20031121AMR KARK 33440 LITTLE ROCK AR 4 32 32 BLCDT-20060504ABM KCFG 35104 FLAGSTAFF AZ 9 32 32 BMPCDT-20060329AJP KTAZ 81458 PHOENIX AZ 39 39 BLCT-20060809ABN KUAT 2731 TUCSON AZ 6 30 30 BLEDT-20040727ABR KDOC 24518 ANAHEIM CA 56 32 32 BLCDT-20060626ACV KTNC 21533 CONCORD CA 42 63 14 BLCDT-20060629ABI KSEE 35594 FRESNO CA 24 38 38 BLCDT-20050914AAZ KBCW- 69619 SAN CA 44 45 45 BLCDT- Federal Communications Commission FCC 07-138 103 TV FRANCISCO 20020709AAQ KREG 70578 GLEENWOOD SPRING CO 3 23 23 BLCDT-20060629AER KFQX 31597 GRAND JUNCTION CO 4 15 15 BLCDT-20061020ACO KKCO 24766 GRAND JUNCTION CO 11 12 12 BLCDT-20030401ABM KREX 70596 GRAND JUNCTION CO 5 2 2 BPCDT-19991029AFS KDEN- DT 38375 LONGMONT CO 25 29 29 BLCDT- 20060630ACM KREY 70759 MONTROSE CO 10 13 13 BLCDT-20060629ACV KOAA 59014 PUEBLO CO 5 42 42 BPCDT-19991029AGS WHPX- DT 51980 NEW LONDON CT 26 34 26 BLCDT- 20060630ABZ WPPB 51349 BOCA RATON FL 63 40 40 Alltoment Facility 122731 WTGL 24582 COCOA FL 52 53 51 BPCDT-20000428ABS WTCE 29715 FORT PIERCE FL 21 38 38 BMPEDT-20060125ADR WCJB 16993 GAINESVILLE FL 20 16 16 BDSTA-20050803ADT WGFL 7727 HIGH SPRINGS FL 53 28 28 BLCDT-20060714ABC WJEB 29719 JACKSONVILLE FL 59 44 44 BLCDT-20060301ADC WMOR 53819 LAKELAND FL 32 19 19 BLCDT-20050726ABO WSFL 10203 MIAMI FL 39 19 19 BLCDT-20070124ABF WSVN- DT 63840 MIAMI FL 7 8 7 BPCDT- 19991101AFH WTLH 23486 BAINBRIDGE GA 49 50 49 BLCDT-20061020ACP WPXC- DT 71236 BRUNSWICK GA 21 24 24 BLCDT- 20060607ABQ WELF 60825 DALTON GA 23 16 16 BLCDT-20060301ADC WGXA- DT 58262 MACON GA 24 16 16 BMPCDT- 20070131AIP WMGT 43847 MACON GA 41 40 40 BLCDT-20070112AHJ Federal Communications Commission FCC 07-138 104 KALO 51241 HONOLULU HI 38 10 10 Allotment Facility 161807 KBFD 65395 HONOLULU HI 32 33 33 BMPCDT-20070112AGB KWKB- TV 35096 IOWA CITY IA 20 25 25 BLCDT- 20070130AJQ KUID 62382 MOSCOW ID 35 12 12 BLEDT- 20060804AFK WCIA 42124 CHAMPAIGN IL 3 48 48 BMPCDT-20050701ACC WICD 25684 CHAMPAIGN IL 15 41 41 BLCDT-20050620AAO WEIU 18301 CHARLESTON IL 51 50 50 BLEDT-20060504AAW WUSI 4301 OLNEY IL 16 19 19 BLEDT-20060619ABG WMBD 42121 PEORIA IL 31 30 30 BLCDT-20061019ADD WSJV 74007 ELKHART IN 28 58 28 BLCDT-20060620ABX WFFT 25040 FORT WAYNE IN 55 36 36 BMPCDT-20070125ACY WISE 13960 FORT WAYNE IN 33 19 19 BMPCDT-20070123AAR WFXW 65247 TERRE HAUTE IN 38 39 39 BMPCDT-20070125ACT WTWO 20426 TERRE HAUTE IN 2 36 36 BMPCDT-20070125ADB WLEX- TV 73203 LEXINGTON KY 18 39 39 BMPCDT- 20050728AOP KATC- TV 33471 LAFAYETTE LA 3 28 28 BMPCDT- 20060906AAW KARD 3658 WEST MONROE LA 14 36 36 BMPCDT-20070125ACR WPME 48408 LEWISTON ME 35 28 35 BLCDT-20060629ABK WPXT 53065 PORTLAND ME 51 43 43 BLCDT-20060714ABB WAGM- DT 48305 PRESQUE ISLE ME 8 16 8 BLCDT- 20030807AEX KDLH 4691 DULUTH MN 3 33 33 BMPCDT-20060519AAE KTCA 68594 ST. PAUL MN 2 34 34 BLEDT-20060802AAO KODE 18283 JOPLIN MO 12 43 43 BMPCDT- Federal Communications Commission FCC 07-138 105 20070125ACU KSNF 67766 JOPLIN MO 16 46 46 BMPCDT-20070125ACP KSFX 3659 SPRINGFIELD MO 27 28 28 BMPCDT-20070116AAC KTAJ 999 ST. JOSEPH MO 16 21 21 BLCDT-20060703AAK WABG- TV 43203 GREENWOOD MS 6 32 32 BLCDT- 20051024ABR KSVI 5243 BILLINGS MT 6 18 18 BPCDT-19991029ACI KTVQ 35694 BILLINGS MT 2 10 10 BLCDT- 20060802AYX KRTV 35567 GREAT FALLS MT 3 7 7 BLCDT-20060728AEO KHMT 47670 HARDIN MT 4 22 22 BMPCDT-20070125ACV KPAX 35455 MISSOULA MT 8 7 7 BLCDT-20070209AAZ WUND 69292 COLUMBIA NC 2 20 20 BPEDT-20070112AHT KFYR 41427 BISMARCK ND 5 31 31 BMPCDT-20060629AES KVLY 61961 FARO ND 11 44 44 BMPCDT-20060629AFS KXJB 49134 VALLEY CITY ND 4 38 38 BLCDT-20060831AAM KETV 53903 OMAHA NE 7 20 20 BLCDT-20041222AED KPTM 51491 OMAHA NE 42 43 43 BLCDT-20051107AFO KXVO 23277 OMAHA NE 15 38 15 BLCDT-20060809AFX WGTW 7623 BURLINGTON NJ 48 27 27 BLCDT-20060105AAR KOB 35313 ALBUQUERQUE NM 4 26 26 BLCDT-20051003BQP KVCW 10195 LAS VEGAS NV 33 29 29 BLCDT-20070109AAW KVMY 10179 LAS VEGAS NV 21 22 22 BLCDT-20070109AAU WICZ 62210 BINGHAMTON NY 40 8 8 BLCDT-20060320AFC WNYO 67784 BUFFALO NY 49 34 34 BLCDT-20061207ABR Federal Communications Commission FCC 07-138 106 WNYE 6048 NEW YORK NY 25 24 24 BMPEDT-20070124AAX WPTZ 57476 NORTH POLE NY 5 14 14 BLCDT-20070116ACW WNPI 62137 NORWOOD NY 18 23 23 BLEDT-20050715ABZ WROC 73964 ROCHESTER NY 8 45 45 BLCDT-20060418AAA WUTR 57837 UTICA NY 20 30 30 BLCDT-20040217ADC WGGN- DT 11027 SANDUSKY OH 52 42 42 BMPCDT- 20000501AIZ KRSC- DT 57431 CLAREMORE OK 35 36 36 BLEDT- 20061011AAM KTUZ 77480 SHAWNEE OK 30 29 29 BMPCDT-20060707AFM KRCW 10192 SALEM OR 32 33 33 BMLCDT- 20070123ABS WTAJ 23341 ALTOONA PA 10 32 32 BLCDT-20051018ACE WOLF 73375 HAZLETON PA 56 45 45 BLCDT-20050906ACK WQMY 52075 WILLIAMSPORT PA 53 29 29 BPCDT-19980825KJ WMEI 26676 ARECIBO PR 60 61 14 BMPCT-20060614ABI WVSN 67190 HUMACAO PR 68 49 49 BMPCDT-20060719ACQ WIPM- DT 53863 MAYAGUEZ PR 3 35 35 BLEDT- 20060627ACQ WJWJ- DT 61007 BEAUFORT SC 16 44 44 BLEDT- 20060221AEJ WJPM- DT 61008 FLORENCE SC 33 45 45 BLED- 20050324ACE WNEH- DT 60931 GREENWOOD SC 38 18 18 BLEDT- 20050322AGH WMBF- TV 83969 MYRTLE BEACH SC 32 32 BMPCDT- 20060829BEG WRET- DT 61011 SPARTANBURG SC 49 43 43 BLEDT- 20050324ACD KPRY 48660 PIERRE SD 4 19 19 BLCDT-20021118ABY KCSD 60728 SIOUX FALLS SD 23 24 24 BLEDT-20040112ACM KUSD 61072 VERMILLION SD 2 34 34 BDSTA- Federal Communications Commission FCC 07-138 107 20060908ADD WDSI 71353 CHATTANOOGA TN 61 40 40 BMPCDT-20041229AAO KRBC 306 ABILENE TX 9 29 29 BMPCDT-20070125ABY KTAB 59988 ABILENE TX 32 24 24 BMPCDT-20070125ABS KAMR 8523 AMARILLO TX 4 19 19 BMPCDT-20070125ABO KRIS- DT 25559 CORPUS CHRISTI TX 6 13 13 BLCDT- 20060628ABC KAMC 40820 LUBBOCK TX 28 27 27 BMPCDT-20070125ABW KJTV- DT 55031 LUBBOCK TX 34 35 35 BLCDT- 20070201BKH KLBK 3660 LUBBOCK TX 13 40 40 BMPCDT-20070125ABT KLST 31114 SAN ANGELO TX 8 11 11 BMPCDT-20070125ACQ KSAN 307 SAN ANGELO TX 3 16 16 BMPCDT-20070125ABX KTAL 35648 TEXARKANA TX 6 15 15 BMPCDT- 20070125ABR KWBU 6673 WACO TX 34 20 20 BLEDT-20060622AAS KAUZ 6864 WICHITA FALLS TX 6 22 22 BPCDT-19991028ADQ KFDX 65370 WICHITA FALLS TX 3 28 28 BMPCDT-20070125ABU WTJX 70287 CHARLOTTE AMALIE VI 12 44 44 BPEDT-20060824ADL WFFF- DT 10132 BURLINGTON VT 44 43 43 BPCDT- 19991029ABX KWPX 56852 BELLEVUE WA 33 32 33 BLCDT-20060405ACG WFRV 9635 GREEN BAY WI 5 39 39 BLCDT-20051004ABD KBJR 33658 SUPERIOR WI 6 19 19 BMPCDT-20060519AAF WVVA- DT 74176 BLUEFIELD WV 6 46 46 BLCDT- 20060929AEJ Federal Communications Commission FCC 07-138 108 APPENDIX D3 GRANTED REQUESTS FOR MODIFIED COVERAGE AREA Call Sign Facility ID # Community State Current NTSC Channel Current DTV Channel Post Transition Channel KUAC 69315 FAIRBANKS AK 9 24 9 WCIQ 711 MOUNT CHEAHA AL 7 56 7 KFMB 42122 SAN DIEGO CA 8 55 8 WVAN 23947 SAVANNAH GA 9 13 9 WGEM 54275 QUINCY IL 10 54 10 WREX 73940 ROCKFORD IL 13 54 13 WTHR 70162 INDIANAPOLIS IN 13 46 13 KTWU-DT 70938 TOPEKA KS 11 23 11 WHDH-TV 72145 BOSTON MA 7 42 7 WDSE-TV 17726 DULUTH MN 8 38 8 KOMU-DT 65583 COLUMBIA MO 8 36 8 KTVM-TV 18066 BUTTE MT 6 33 6 KCFW 18079 KALISPELL MT 9 38 9 KECI-TV 18084 MISSOULA MT 13 40 13 WCTI-DT 18334 NEW BERN NC 12 48 12 KJRR 55364 JAMESTOWN ND 7 18 7 KMOT 41425 MINOT ND 10 58 10 KHAS 48003 HASTINGS NE 5 21 5 KNOP 49273 NORTH PLATTE NE 2 22 2 WENH-DT 69237 DURHAM NH 11 57 11 WPIX 73881 NEW YORK NY 11 33 11 WPVI 8616 PHILADELPHIA PA 6 64 6 WQED 41315 PITTSBURGH PA 13 38 13 WSTE 60341 PONCE PR 7 8 7 WTVF 36504 NASHVILLE TN 5 56 5 KUHT 69269 HOUSTON TX 8 9 8 KOSA 6865 ODESSA TX 7 31 7 WCYB-TV 2455 BRISTOL VA 5 28 5 WCAX 46728 BURLINGTON VT 3 53 22 WBOY 71220 CLARKSBURG WV 12 52 12 Federal Communications Commission FCC 07-138 109 APPENDIX D4 STATIONS IN BORDER ZONES THAT MUST FILE POST-TRANSITION APPLICATIONS Call Sign FacilityID Community State Current DTV Channel Current NTSC Channel Post Transition Channel KTNL 60519 SITKA AK 2 13 7 KFTU-TV 81441 DOUGLAS AZ 0 3 36 KFPH-TV 41517 FLAGSTAFF AZ 27 13 13 KNAZ-TV 24749 FLAGSTAFF AZ 22 2 2 KUVE-TV 63927 GREEN VALLEY AZ 47 46 46 KDTP 83491 HOLBROOK AZ 11 11 KPNX 35486 MESA AZ 36 12 12 KAET 2728 PHOENIX AZ 29 8 8 KNXV-TV 59440 PHOENIX AZ 56 15 15 KSAZ-TV 35587 PHOENIX AZ 31 10 10 KTAZ 81458 PHOENIX AZ 39 39 39 KTVW-TV 35705 PHOENIX AZ 34 33 33 KAZT-TV 35811 PRESCOTT AZ 25 7 7 KPPX 26655 TOLLESON AZ 52 51 51 KGUN 36918 TUCSON AZ 35 9 9 KHRR 30601 TUCSON AZ 42 40 40 KYMA 74449 YUMA AZ 41 11 11 960919KZ 83825 BISHOP CA 20 20 KAJB 40517 CALIPATRIA CA 5 54 36 KGMC 23302 CLOVIS CA 44 43 43 KECY-TV 51208 EL CENTRO CA 48 9 9 KSCI 35608 LONG BEACH CA 61 18 18 KABC-TV 282 LOS ANGELES CA 53 7 7 KCAL-TV 21422 LOS ANGELES CA 43 9 9 KCBS-TV 9628 LOS ANGELES CA 60 2 43 KCET 13058 LOS ANGELES CA 59 28 28 KCOP-TV 33742 LOS ANGELES CA 66 13 13 KMEX-TV 35123 LOS ANGELES CA 35 34 34 KTTV 22208 LOS ANGELES CA 65 11 11 KESQ-TV 25577 PALM SPRINGS CA 52 42 42 KRCA 22161 RIVERSIDE CA 68 62 45 KFMB-TV 42122 SAN DIEGO CA 55 8 8 KGTV 40876 SAN DIEGO CA 25 10 10 Federal Communications Commission FCC 07-138 110 WEDW 13594 BRIDGEPORT CT 52 49 49 WTXX 14050 WATERBURY CT 12 20 20 WXFT-TV 60539 AURORA IL 59 60 50 WBBM-TV 9617 CHICAGO IL 3 2 12 WLS-TV 73226 CHICAGO IL 52 7 7 WGBO-TV 12498 JOLIET IL 53 66 38 WCLJ-TV 68007 BLOOMINGTON IN 56 42 42 WSJV 74007 ELKHART IN 58 28 28 WTHR 70162 INDIANAPOLIS IN 46 13 13 WTTK 56526 KOKOMO IN 54 29 29 WIPB 3646 MUNCIE IN 52 49 23 WSBT-TV 73983 SOUTH BEND IN 30 22 22 WHDH-TV 72145 BOSTON MA 42 7 7 WUTF-TV 60551 MARLBOROUGH MA 23 66 27 WWDP 23671 NORWELL MA 52 46 10 WNYA 136751 PITTSFIELD MA 0 51 13 WGBY-TV 72096 SPRINGFIELD MA 58 57 22 WGGB-TV 25682 SPRINGFIELD MA 55 40 40 WHAG-TV 25045 HAGERSTOWN MD 55 25 26 WJAL 10259 HAGERSTOWN MD 16 68 39 WGPT 40619 OAKLAND MD 54 36 36 WCBB 39659 AUGUSTA ME 17 10 10 WLBZ 39644 BANGOR ME 25 2 2 WVII-TV 3667 BANGOR ME 14 7 7 WPME 48408 LEWISTON ME 28 35 35 WMTW-TV 73288 POLAND SPRING ME 46 8 8 WAGM-TV 48305 PRESQUE ISLE ME 16 8 8 WMEM-TV 39662 PRESQUE ISLE ME 20 10 10 WPFO 84088 WATERVILLE ME 0 23 23 WBKB-TV 67048 ALPENA MI 13 11 11 WCML 9917 ALPENA MI 57 6 24 WPXD 5800 ANN ARBOR MI 33 31 31 WBSF 82627 BAY CITY MI 0 46 46 WWTV 26994 CADILLAC MI 40 9 9 WBKP 76001 CALUMET MI 11 5 5 WJBK 73123 DETROIT MI 58 2 7 WKAR-TV 6104 EAST LANSING MI 55 23 40 WFUM 69273 FLINT MI 52 28 28 WJRT-TV 21735 FLINT MI 36 12 12 WZZM-TV 49713 GRAND RAPIDS MI 39 13 13 WDHS 15498 IRON MOUNTAIN MI 22 8 8 WBUP 59281 ISHPEMING MI 0 10 10 Federal Communications Commission FCC 07-138 111 WWMT 74195 KALAMAZOO MI 2 3 2 WLNS-TV 74420 LANSING MI 59 6 36 WCMW 9913 MANISTEE MI 58 21 21 WMQF 81448 MARQUETTE MI 0 19 19 WNMU 4318 MARQUETTE MI 33 13 13 WCMU-TV 9908 MOUNT PLEASANT MI 56 14 26 WILX-TV 6863 ONONDAGA MI 57 10 10 WGTQ 59279 SAULT STE.MARIE MI 9 8 8 WWUP-TV 26993 SAULT STE.MARIE MI 49 10 10 WGTU 59280 TRAVERSE CITY MI 31 29 29 WPBN-TV 21253 TRAVERSE CITY MI 50 7 7 KCCO-TV 9632 ALEXANDRIA MN 24 7 7 KSAX 35584 ALEXANDRIA MN 36 42 42 KAWE 49578 BEMIDJI MN 18 9 9 KFTC 83714 BEMIDJI MN 0 26 26 KRII 82698 CHISHOLM MN 0 11 11 WDIO-TV 71338 DULUTH MN 43 10 10 WDSE-TV 17726 DULUTH MN 38 8 8 WIRT 71336 HIBBING MN 36 13 13 KARE 23079 MINNEAPOLIS MN 35 11 11 KMSP-TV 68883 MINNEAPOLIS MN 26 9 9 KSTC-TV 35843 MINNEAPOLIS MN 44 45 45 WFTC 11913 MINNEAPOLIS MN 21 29 29 KSTP-TV 28010 ST. PAUL MN 50 5 35 KTCI-TV 68597 ST. PAUL MN 16 17 26 KBRR 55370 THIEF RIVERFALLS MN 57 10 10 KCCW-TV 9640 WALKER MN 20 12 12 KBTZ 81438 BUTTE MT 0 24 24 KTVM 18066 BUTTE MT 33 6 6 KLMN 81331 GREAT FALLS MT 0 26 26 KBBJ 83689 HAVRE MT 0 9 9 KTVH 5290 HELENA MT 14 12 12 KCFW-TV 18079 KALISPELL MT 38 9 9 KBAO 84794 LEWISTOWN MT 0 13 13 KYUS-TV 5237 MILES CITY MT 13 3 3 KECI-TV 18084 MISSOULA MT 40 13 13 KMMF 81348 MISSOULA MT 0 17 17 KTMF 14675 MISSOULA MT 36 23 23 KUFM-TV 66611 MISSOULA MT 27 11 11 KNDX 82611 BISMARCK ND 0 26 26 KXMB-TV 55686 BISMARCK ND 23 12 12 WDAZ-TV 22124 DEVILS LAKE ND 59 8 8 Federal Communications Commission FCC 07-138 112 KDSE 53329 DICKINSON ND 20 9 9 KQCD-TV 41430 DICKINSON ND 18 7 7 KFME 53321 FARGO ND 23 13 13 KVLY-TV 61961 FARGO ND 44 11 44 KCPM 86208 GRAND FORKS ND 0 27 27 KGFE 53320 GRAND FORKS ND 56 2 15 KJRR 55364 JAMESTOWN ND 18 7 7 KMCY 22127 MINOT ND 15 14 14 KMOT 41425 MINOT ND 58 10 10 KXMC-TV 55685 MINOT ND 45 13 13 KXND 82615 MINOT ND 0 24 24 KNRR 55362 PEMBINA ND 15 12 12 KUMV-TV 41429 WILLISTON ND 52 8 8 WENH-TV 69237 DURHAM NH 57 11 11 WMUR-TV 73292 MANCHESTER NH 59 9 9 WFUT-TV 60555 NEWARK NJ 53 68 30 WNET 18795 NEWARK NJ 61 13 13 KOAT-TV 53928 ALBUQUERQUE NM 21 7 7 KRQE 48575 ALBUQUERQUE NM 16 13 13 KTEL-TV 83707 CARLSBAD NM 0 25 25 KUPT 27431 HOBBS NM 16 29 29 KBIM-TV 48556 ROSWELL NM 41 10 10 KOBR 62272 ROSWELL NM 38 8 8 KRPV 53539 ROSWELL NM 28 27 27 KRWB-TV 84157 ROSWELL NM 0 21 21 KOBG-TV 85114 SILVER CITY NM 0 6 12 KOVT 53911 SILVER CITY NM 12 10 10 WPXJ-TV 2325 BATAVIA NY 53 51 23 870331LW 72623 BATH NY 0 14 14 WIVT 11260 BINGHAMTON NY 4 34 34 WWNY-TV 68851 CARTHAGE NY 35 7 7 WSKA 78908 CORNING NY 0 30 30 WYDC 62219 CORNING NY 50 48 48 WENY-TV 71508 ELMIRA NY 55 36 36 WETM-TV 60653 ELMIRA NY 2 18 18 WNYI 34329 ITHACA NY 0 52 20 WNYB 30303 JAMESTOWN NY 27 26 26 WABC-TV 1328 NEW YORK NY 45 7 7 WCBS-TV 9610 NEW YORK NY 56 2 33 WPIX 73881 NEW YORK NY 33 11 11 WPXN-TV 73356 NEW YORK NY 30 31 31 WLNY 73206 RIVERHEAD NY 57 55 47 Federal Communications Commission FCC 07-138 113 WHAM-TV 73371 ROCHESTER NY 59 13 13 WHEC-TV 70041 ROCHESTER NY 58 10 10 WRGB 73942 SCHENECTADY NY 39 6 6 WNGS 9088 SPRINGVILLE NY 46 67 46 WSPX-TV 64352 SYRACUSE NY 0 56 15 WSTM-TV 21252 SYRACUSE NY 54 3 24 WVPX 70491 AKRON OH 59 23 23 WNEO 49439 ALLIANCE OH 46 45 45 WBGU-TV 6568 BOWLING GREEN OH 56 27 27 WKRC-TV 11289 CINCINNATI OH 31 12 12 WJW 73150 CLEVELAND OH 31 8 8 WKYC-TV 73195 CLEVELAND OH 2 3 17 WTTE 74137 COLUMBUS OH 36 28 36 WPTD 25067 DAYTON OH 58 16 16 WBDT 70138 SPRINGFIELD OH 18 26 26 WTOV-TV 74122 STEUBENVILLE OH 57 9 9 WTOL 13992 TOLEDO OH 17 11 11 WTVG 74150 TOLEDO OH 19 13 13 KOAC-TV 50590 CORVALLIS OR 39 7 7 KFFX-TV 12729 PENDLETON OR 8 11 11 KGW 34874 PORTLAND OR 46 8 8 KNMT 47707 PORTLAND OR 45 24 24 KOPB-TV 50589 PORTLAND OR 27 10 10 KPTV 50633 PORTLAND OR 30 12 12 KPXG 5801 SALEM OR 4 22 22 WLVT-TV 36989 ALLENTOWN PA 62 39 39 WICU-TV 24970 ERIE PA 52 12 12 WJET-TV 65749 ERIE PA 58 24 24 WHP-TV 72313 HARRISBURG PA 4 21 21 WPCW 69880 JEANNETTE PA 49 19 11P WWCP-TV 20295 JOHNSTOWN PA 29 8 8 WCAU 63153 PHILADELPHIA PA 67 10 34 WYBE 28480 PHILADELPHIA PA 34 35 35 WQED 41315 PITTSBURGH PA 38 13 13 WQEX 41314 PITTSBURGH PA 26 16 38 WSWB 73374 SCRANTON PA 31 38 38 WNAC-TV 73311 PROVIDENCE RI 54 64 12 KTBC 35649 AUSTIN TX 56 7 7 KNIC-TV 125710 BLANCO TX 17 18 KZTV 33079 CORPUS CHRISTI TX 18 10 10 KCOS 19117 EL PASO TX 30 13 13 KTSM-TV 67760 EL PASO TX 16 9 9 Federal Communications Commission FCC 07-138 114 KVIA-TV 49832 EL PASO TX 17 7 7 KHOU-TV 34529 HOUSTON TX 31 11 11 KGNS-TV 10061 LAREDO TX 15 8 8 KVTV 33078 LAREDO TX 14 13 13 KCBD 27507 LUBBOCK TX 9 11 11 KUPB 86263 MIDLAND TX 0 18 18 KMLM 53541 ODESSA TX 43 42 42 KOSA-TV 6865 ODESSA TX 31 7 7 KWES-TV 42007 ODESSA TX 13 9 9 KWWT 84410 ODESSA TX 0 30 30 KENS-TV 26304 SAN ANTONIO TX 55 5 39 KLRN 749 SAN ANTONIO TX 8 9 9 KSAT-TV 53118 SAN ANTONIO TX 48 12 12 KWEX-TV 35881 SAN ANTONIO TX 39 41 41 WOAI-TV 69618 SAN ANTONIO TX 58 4 48 KPCB 77452 SNYDER TX 10 17 17 KLTV 68540 TYLER TX 10 7 7 KPXL 61173 UVALDE TX 0 26 26 WCAX-TV 46728 BURLINGTON VT 53 3 22 KWPX 56852 BELLEVUE WA 32 33 33 KQUP 78921 PULLMAN WA 0 24 24 KWSU-TV 71024 PULLMAN WA 17 10 10 KCTS-TV 33749 SEATTLE WA 41 9 9 KAYU-TV 58684 SPOKANE WA 30 28 28 KHQ-TV 34537 SPOKANE WA 15 6 7 KCPQ 33894 TACOMA WA 18 13 13 KSTW 23428 TACOMA WA 36 11 11 KPDX 35460 VANCOUVER WA 48 49 30 KAZW-TV 84238 WALLA WALLA WA 9 9 9 WBIJ 81503 CRANDON WI 4 4 WEAU-TV 7893 EAU CLAIRE WI 39 13 13 WLUK-TV 4150 GREEN BAY WI 51 11 11 WKBT 74424 LA CROSSE WI 41 8 8 WLEF-TV 63046 PARK FALLS WI 47 36 36 WAOW-TV 64546 WAUSAU WI 29 9 9 WSAW-TV 6867 WAUSAU WI 40 7 7 WFXS 86204 WITTENBERG WI 0 55 50 WBOY-TV 71220 CLARKSBURG WV 52 12 12 WOWK-TV 23342 HUNTINGTON WV 47 13 13 WDTV 70592 WESTON WV 6 5 5 WTRF-TV 6869 WHEELING WV 32 7 7 Federal Communications Commission FCC 07-138 115 APPENDIX D5 GRANTED REQUESTS FOR ALTERNATIVE CHANNEL ASSIGNMENTS Call Sign Facility ID # Community State Current NTSC Channel Current DTV Channel Current TCD Post Transition Channel KJNP 20015 NORTH POLE AK 4 20 4 20 KTNL 60519 SITKA AK 13 2 2 7 KETZ 92872 EL DORADO AR 12 12 10 KBDI 22685 BROOMFIELD CO 12 38 38 13 WBBM- TV 9617 CHICAGO IL 2 3 11 12 KFJX 83992 PITTSBURG KS 14 0 14 13 WDBD 71326 JACKSON MS 40 41 41 40 WFUT 60555 NEWARK NJ 68 53 41 30 KNMT 47707 PORTLAND OR 24 45 24 45 KEVN 34347 RAPID CITY SD 7 18 18 7 960405KF 81692 MEMPHIS TN 14 14 23 KLCW 77719 WOLFFORTH TX 22 22 43 WOAY 66804 OAK HILL WV 4 50 4 50 Federal Communications Commission FCC 07-138 116 APPENDIX D6 REQUESTS FOR CHANGES TO APPENDIX B ANTENNA INFORMATION Call Sign Facility ID # Community State Current NTSC Channel Current DTV Channel Post Transition Channel KQCA 10242 STOCKTON CA 58 46 46 WFGX 6554 FORT WALTONBEACH FL 35 50 50 WFSG 6093 PANAMA CITY FL 56 38 38 WEAR 71363 PENSACOLA FL 3 17 17 WFSU 21801 TALLAHASSEE FL 11 32 32 WMUM 23935 COCHRAN GA 29 7 7 WKYU 71861 BOWLING GREEN KY 24 18 18 WCVB 65684 BOSTON MA 5 20 20 KCWE 64444 KANSAS CITY MO 29 31 31 WRAZ 64611 RALEIGH NC 50 49 49 WXII 53921 WINSTON-SALEM NC 12 31 31 KOCT 53908 CARLSBAD NM 6 19 19 KOFT 53904 FARMINGTON NM 3 8 8 WLWT 46979 CINCINNATI OH 5 35 35 WKRN 73188 NASHVILLE TN 2 27 27 KACV 1236 AMARILLO TX 2 8 8 WRIC 74416 PETERSBURG VA 8 22 22 Federal Communications Commission FCC 07-138 117 APPENDIX D7 DENIED REQUESTS FROM NEW APPLICANTS Call Sign Facility ID # Community State Current NTSC Channel Current DTV Channel New 35855 SACRAMENTO CA New 83711 WEAVERVILLE CA 32 New OWENSBORO KY 48 New 169025 KALISPELL MT 46 New TULSA OK 26 Federal Communications Commission FCC 07-138 118 APPENDIX E FINAL REGULATORY FLEXIBILITY ACT ANALYSIS 1. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”)1 an Initial Regulatory Flexibility Analysis (“IRFA”) was incorporated in the Seventh Further Notice of Proposed Rulemaking (“Seventh Further Notice”).2 The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. The comments received are discussed below. The Commission received no comments on the IRFA. This present Final Regulatory Flexibility Analysis (“FRFA”) conforms to the RFA.3 A. Need for, and Objectives of, the Report and Order 2. This Seventh Report and Order (“Seventh R&O”) adopts rules implementing a new post-transition DTV Table of Allotments (“DTV Table”), providing all eligible4 full power broadcast television stations with channels for DTV operations after the transition. The new post- transition DTV Table finalizes the channel and facilities necessary to complete the digital transition for full power television stations, including full power commercial and noncommercial broadcast television stations. 3. The new post-transition DTV Table is based on the tentative channel designations (“TCDs”) announced for eligible broadcast licensees through the channel election process, as well as on the Commission’s efforts to promote overall spectrum efficiency and ensure the best 1 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 - 612., has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996). 2 Seventh Further Notice of Proposed Rule Making, In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MB Docket No. 87-268, 21 FCC Rcd 12100 (2006) (“Seventh Further Notice”). 3 See 5 U.S.C. § 604. 4 Only Commission licensees and permittees were eligible to participate in the channel election process to select a final DTV channel. See Second DTV Periodic Report and Order, 19 FCC Rcd at 1830, ¶ 66. Federal Communications Commission FCC 07-138 119 possible service to the public, including service to local communities. During this election process, which was established by the Second DTV Periodic Report and Order, eligible full power broadcast licensees selected their ultimate DTV channel inside the “core spectrum,” consisting of current television channels 2 through 51 (54-698 MHz).5 In developing the proposed new allotments, the Commission sought to accommodate broadcasters’ channel preferences, as well as their replication and maximization service area certifications (made via FCC Form 381). 4. The new post-transition DTV Table achieves the goals set forth for the channel election process.6 First, the new DTV Table provides all eligible stations with channels for DTV operations after the transition. Second, the new DTV Table is the result of informed decisions by licensees when making their channel elections and licensees benefited from the clarity and transparency of the channel election process. Third, the new DTV Table recognizes industry expectations by protecting existing service and respecting investments already made, to the extent feasible. Finally, the new DTV Table reflects our efforts to promote overall spectrum efficiency and ensure the best possible DTV service to the public. B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA 5. There were no comments filed that specifically addressed the rules and policies proposed in the IRFA. C. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply 6. The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the rules adopted herein.7 The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” small organization,” and “small government jurisdiction.”8 In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act.9 A small business concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).10 The rules of this Seventh R&O will primarily affect full power television stations, as opposed to low power television stations and television 5 Second DTV Periodic Report and Order, 19 FCC Rcd at 18292, ¶ 33. 6 Id. at 18291, ¶ 31. 7 5 U.S.C. § 603(b)(3). 8 Id. § 601(6). 9 Id. § 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.” 5 U.S.C. § 601(3). 10 15 U.S.C. § 632. Application of the statutory criteria of dominance in its field of operation and independence are sometimes difficult to apply in the context of broadcast television. Accordingly, the Commission’s statistical account of television stations may be over-inclusive. Federal Communications Commission FCC 07-138 120 translator stations. A description of such small entities, as well as an estimate of the number of such small entities, is provided below. 7. Television Broadcasting. The rules and policies adopted in this Seventh R&O apply to television broadcast licensees and potential licensees of television service. The SBA defines a television broadcast station as a small business if such station has no more than $13.5 million in annual receipts.11 Business concerns included in this industry are those “primarily engaged in broadcasting images together with sound.”12 The Commission has estimated the number of licensed commercial television stations to be 1,376.13 According to Commission staff review of the BIA Financial Network, MAPro Television Database (“BIA”) on March 30, 2007, about 986 of an estimated 1,374 commercial television stations14 (or about 72 percent) have revenues of $13.5 million or less and thus qualify as small entities under the SBA definition. The Commission has estimated the number of licensed NCE television stations to be 380.15 We note, however, that, in assessing whether a business concern qualifies as small under the above definition, business (control) affiliations16 must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. The Commission does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. 8. In addition, an element of the definition of “small business” is that the entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply do not exclude any television station from the definition of a small business on this basis and are therefore over- inclusive to that extent. Also as noted, an additional element of the definition of “small business” is that the entity must be independently owned and operated. We note that it is difficult at times to assess these criteria in the context of media entities and our estimates of small businesses to which they apply may be over-inclusive to this extent. 11 See 13 C.F.R. § 121.201, NAICS Code 515120. 12 Id. This category description continues, “These establishments operate television broadcasting studios and facilities for the programming and transmission of programs to the public. These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studios, from an affiliated network, or from external sources.” Separate census categories pertain to businesses primarily engaged in producing programming. See Motion Picture and Video Production, NAICS code 512110; Motion Picture and Video Distribution, NAICS Code 512120; Teleproduction and Other Post-Production Services, NAICS Code 512191; and Other Motion Picture and Video Industries, NAICS Code 512199. 13 See News Release, “Broadcast Station Totals as of December 31, 2006,” 2007 WL 221575 (dated Jan. 26, 2007) (“Broadcast Station Totals”); also available at http://www.fcc.gov/mb/. 14 We recognize that this total differs slightly from that contained in Broadcast Station Totals, supra note 446; however, we are using BIA’s estimate for purposes of this revenue comparison. 15 See Broadcast Station Totals, supra note 446. 16 “[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has to power to control both.” 13 C.F.R. § 121.103(a)(1). Federal Communications Commission FCC 07-138 121 9. Class A TV, LPTV, and TV translator stations. The rules and policies adopted in this Seventh R&O do not directly affect low power television stations, as the DTV Table adopted in the Seventh R&O finalizes post-transition digital channels only for full power television stations. Nonetheless, as discussed in Section E, infra, low power television stations will also eventually transition from analog to digital technology and may be indirectly affected by the channel allotment decisions herein. The broadcast stations indirectly affected include licensees of Class A TV stations,17 low power television (LPTV) stations, and TV translator stations, as well as to potential licensees in these television services. The same SBA definition that applies to television broadcast licensees would apply to these stations. The SBA defines a television broadcast station as a small business if such station has no more than $13.5 million in annual receipts.18 Currently, there are approximately 567 licensed Class A stations, 2,227 licensed LPTV stations, and 4,518 licensed TV translators.19 Given the nature of these services, we will presume that all of these licensees qualify as small entities under the SBA definition. We note, however, that under the SBA’s definition, revenue of affiliates that are not LPTV stations should be aggregated with the LPTV station revenues in determining whether a concern is small. Our estimate may thus overstate the number of small entities since the revenue figure on which it is based does not include or aggregate revenues from non-LPTV affiliated companies. We do not have data on revenues of TV translator or TV booster stations, but virtually all of these entities are also likely to have revenues of less than $13.5 million and thus may be categorized as small, except to the extent that revenues of affiliated non-translator or booster entities should be considered. D. Description of Projected Reporting, Recordkeeping and other Compliance Requirements 10. The rules adopted in this Seventh R&O involve no changes to reporting, recordkeeping, or other compliance requirements beyond what is already required under the current regulations. E. Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered 11. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small 17 In general, low power television stations are secondary to full power television stations and must accept interference from full power stations. The Community Broadcasters Protection Act, and the Commission’s rules implementing that statute, give certain low power television (LPTV) stations, known as Class A stations, some limited protection from interference by full-service stations. See Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 – 1501A-598 (1999), codified at 47 U.S.C. § 336(f). See also 47 C.F.R. §§ 73.6000-6027. 18 See 13 C.F.R. § 121.201, NAICS Code 515120. 19 See Broadcast Station Totals, supra note 446. Federal Communications Commission FCC 07-138 122 entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.20 12. The new post-transition DTV Table provides all eligible full power broadcast television stations – large and small alike – with channels for post-transition DTV operations. Small broadcasters, just like large ones, benefited from participating in the channel election process. The new DTV Table is the result of informed decisions by licensees when making their channel elections, and all licensees benefited from the clarity and transparency of the channel election process. Moreover, the new DTV Table recognizes industry expectations by protecting existing service and respecting investments already made, for both large and small broadcasters, to the extent feasible. The TCDs are primarily based on the channels elected by licensees. The vast majority of licensees participating in the channel election process received a TCD for a channel they elected, and all comments, including those from small broadcasters, were considered when finalizing this Table.21 13. In general, our goal in reviewing the comments filed in response to the proposed Table was to accommodate the requests made by commenters to the extent possible consistent with the standards outlined in the Seventh Further Notice. Large and small broadcasters alike benefited from this approach, which was taken in an effort to expedite finalization of the DTV Table and Appendix B so that stations can complete construction of their post-transition facilities by the statutory deadline for the DTV transition. Where commenters made specific requests for changes to the proposals in the Seventh Further Notice, requests that provided for an alternative service area for the station or parameters that differed from those proposed by the Commission, those requests were granted to the extent possible consistent with the standards of the Seventh Further Notice and, in particular, with the applicable interference standards. This process has been open and transparent, and has provided consistent treatment for large and small broadcasters. 14. The new DTV Table adopted herein does not provide for channels for low power television stations. The Commission will address the digital transition for low power television (“LPTV”) stations in a separate proceeding. The statutory transition deadline established by Congress in 2006 – February 17, 2009 - applies only to full-power stations.22 One of the Commission’s goals in the Seventh Report and Order is to permit full power stations to finalize their post-transition facilities by this rapidly approaching deadline. The Commission previously determined that it has discretion under 47 U.S.C. § 336(f)(4) to set the date by which analog operations of stations in the low power and translator service must cease.23 The Commission has stated that the intent is to ensure that low power and translator stations not be required to 20 5 U.S.C. § 603(c)(1)-(c)(4) 21 See, e.g., Comments of Trinity Christian Center of Santa Ana, Inc.; Southern Broadcasting, Inc., Young Broadcasting, Inc., and Christian Faith Broadcast, Inc. 22 See Digital Television and Public Safety Act of 2005, which is Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) (codified at 47 U.S.C. §§ 309(j)(14) and 337(e)). 23 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, Report and Order, 19 FCC Rcd 19331, 19336 ¶ 12 (2004) (“ LPTV DTV Report and Order ”). Federal Communications Commission FCC 07-138 123 prematurely convert to digital operation in a manner that could disrupt their analog service or, more importantly, that might cause them to cease operation.24 The Commission decided not to establish a fixed termination date for the low power digital television transition until it resolved the issues concerning the transition of full-power television stations.25 The Commission has recognized that low power television stations are a valuable component of the nation’s television system and has stated its intention to facilitate, wherever possible, the digital transition of these stations.26 F. Report to Congress 15. The Commission will send a copy of this Seventh R&O, including this FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996.27 In addition, the Commission will send a copy of this Seventh R&O, including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of this Seventh R&O and FRFA (or summaries thereof) will also be published in the Federal Register.28 24 Id. at 19337 ¶ 14. 25 Id. at 19336 ¶ 19. 26 Id. at 19332, ¶ 1. 27 See 5 U.S.C. § 801(a)(1)(A). 28 See id. § 604(b). Federal Communications Commission FCC 07-138 124 APPENDIX F PROPOSED RULE CHANGES Part 73 of the Commission’s Rules and Regulations (Chapter I of title 47 of the Code of Federal Regulations) is proposed as follows: PART 73 -- RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 and 339. 2. Section 73.622 is amended by adding new paragraph (i) to read as follows: § 73.622 Digital television table of allotments. * * * * * (i) Post-Transition Table of DTV Allotments. ALABAMA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Tuscaloosa 6 COLORADO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Greeley 49 Pueblo 48 IDAHO ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Nampa 13 ILLINOIS ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Galesburg 8 INDIANA Federal Communications Commission FCC 07-138 125 ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Evansville 7 NEVADA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Reno 8 PENNSYLVANIA ??????????????????????????????????????????????????? Community Channel No. ??????????????????????????????????????????????????? Jeannette 11 Federal Communications Commission FCC 07-138 126 APPENDIX G [Note: Proposed DTV Table of Allotments Information is attached separately in Microsoft Excel format.] Federal Communications Commission FCC 07-138 127 APPENDIX H INITIAL REGULATORY FLEXIBILITY ACT ANALYSIS 1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA)1 the Commission has prepared this present Initial Regulatory Flexibility Analysis (“IRFA”) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this Eighth Further Notice of Proposed Rulemaking (“Eighth Further Notice”). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the Eighth Further Notice provided in paragraph 163 of the item. The Commission will send a copy of the Eighth Further Notice, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).2 In addition, the Eighth Further Notice and IRFA (or summaries thereof) will be published in the Federal Register.3 A. Need for and Objectives of the Proposed Rules 2. The Eighth Further Notice proposes modifications to the new post-transition DTV Table of Allotments and Appendix B (“DTV Table”). Three new full power permittees and six existing full power licensees and permittees are provided with channels and parameters for digital broadcast operations after the DTV transition. Changes to the new post-transition DTV Table affects full power commercial and noncommercial broadcast television stations as the new DTV Table provides post-transition channels for all eligible full power stations4 and changes to the Table may have interference or other implications for other broadcasters in the Table. 3. The Commission announced in the Seventh Further Notice that, to the extent possible, it would accommodate future new permittees in the new post-transition DTV Table, but that it would provide an opportunity for public comment before doing so.5 Three new construction permits were issued to permittees too late to be offered for comment in an earlier Public Notice, but can be accommodated in the new DTV Table without causing impermissible interference.6 Six existing licensees and permittees made late-filed requests for modifications to the new DTV Table. Although these requested changes are unopposed, appear non- controversial, and would have been looked upon favorably had they been timely-filed, we find it appropriate to provide a full opportunity for comment. 1 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 -612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). 2 See 5 U.S.C. § 603(a). 3 See 5 U.S.C. § 603(a). 4 Only Commission licensees and permittees were eligible to participate in the channel election process to select a final DTV channel. See Second DTV Periodic Report and Order, 19 FCC Rcd at 1830, ¶ 66. 5 Seventh Further Notice, 21 FCC Rcd at 12118, ¶ 53. 6 Public Notice, “Revisions to Proposed New DTV Table of Allotments, Tentative Channel Designations To Be Added to the DTV Table of Allotments Proposed in the Seventh Further Notice of Proposed Rule Making in MB Docket No. 87-268,” DA 07-20 (MB rel. Jan. 8, 2007), 72 FR 2485 (Jan. 19, 2007)(“New Permittees PN”). Federal Communications Commission FCC 07-138 128 4. We believe these proposed modifications to the new post-transition DTV Table support the goals set forth for the channel election process.7 By these proposed modifications, the new permittees are provided with channels for DTV operations after the transition. Where adjustments bring the Table into line with the facilities or service areas of existing licensees or permittees, they recognize industry expectations and respect investments already made. These proposals also move the overall post-transition DTV Table more quickly towards finality without sacrificing clarity or transparency. Finally, we believe the proposed changes reflects our efforts to promote overall spectrum efficiency and, in particular, to ensure the best possible DTV service to the public. B. Legal Basis 5. The authority for the action proposed in this rulemaking is contained in Sections 1, 4(i) and (j), 5(c)(1), 7, 301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337 of the Communications Act of 1934, 47 U.S.C §§ 151, 154(i) and (j), 155(c)(1), 157, 301, 302, 303, 307, 308, 309, 316, 319, 324, 336, and 337. C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 6. The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the proposed rules, if adopted.8 The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” small organization,” and “small government jurisdiction.”9 In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act.10 A small business concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.11 The proposed rules in this Eighth Further Notice, if adopted, will primarily affect television stations. A description of such small entities, as well as an estimate of the number of such small entities, is provided below. 7. Television Broadcasting. The proposed rules and policies in this Eighth Further Notice apply to television broadcast licensees and potential licensees of television service. The SBA defines a television broadcast station as a small business if such station has no more than $13.5 million in annual receipts.12 Business concerns included in this industry are those 7 DTV Periodic Report and Order, 19 FCC Rcd at 18291, ¶ 31. 8 Id. § 603(b)(3). 9 5 U.S.C. § 601(6). 10 Id. § 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.” 5 U.S.C. § 601(3). 11 15 U.S.C. § 632. Application of the statutory criteria of dominance in its field of operation and independence are sometimes difficult to apply in the context of broadcast television. Accordingly, the Commission’s statistical account of television stations may be over-inclusive. 12 See 13 C.F.R. § 121.201, NAICS Code 515120. Federal Communications Commission FCC 07-138 129 “primarily engaged in broadcasting images together with sound.”13 The Commission has estimated the number of licensed commercial television stations to be 1,376.14 According to Commission staff review of the BIA Financial Network, MAPro Television Database (“BIA”) on March 30, 2007, about 986 of an estimated 1,374 commercial television stations15 (or about 72 percent) have revenues of $13.5 million or less and thus qualify as small entities under the SBA definition. The Commission has estimated the number of licensed NCE television stations to be 380.16 We note, however, that, in assessing whether a business concern qualifies as small under the above definition, business (control) affiliations17 must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. The Commission does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. 8. In addition, an element of the definition of “small business” is that the entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply do not exclude any television station from the definition of a small business on this basis and are therefore over- inclusive to that extent. Also as noted, an additional element of the definition of “small business” is that the entity must be independently owned and operated. We note that it is difficult at times to assess these criteria in the context of media entities and our estimates of small businesses to which they apply may be over-inclusive to this extent. 9. Class A TV, LPTV, and TV translator stations. The rules and policies proposed in this Eighth Further Notice do not directly affect low power television stations, as the DTV Table to which changes are being proposed will finalize post-transition digital channels only for full power television stations. Nonetheless, as discussed in Section E, infra, low power television stations will also eventually transition from analog to digital technology and may be indirectly affected by the channel allotment decisions herein. The broadcast stations indirectly affected include licensees of Class A TV stations, low power television (LPTV) stations, and TV 13 Id. This category description continues, “These establishments operate television broadcasting studios and facilities for the programming and transmission of programs to the public. These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studios, from an affiliated network, or from external sources.” Separate census categories pertain to businesses primarily engaged in producing programming. See Motion Picture and Video Production, NAICS code 512110; Motion Picture and Video Distribution, NAICS Code 512120; Teleproduction and Other Post-Production Services, NAICS Code 512191; and Other Motion Picture and Video Industries, NAICS Code 512199. 14 See News Release, “Broadcast Station Totals as of December 31, 2006,” 2007 WL 221575 (dated Jan. 26, 2007) (“Broadcast Station Totals”); also available at http://www.fcc.gov/mb/. 15 We recognize that this total differs slightly from that contained in Broadcast Station Totals, supra note 446; however, we are using BIA’s estimate for purposes of this revenue comparison. 16 See Broadcast Station Totals, supra note 446. 17 “[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has to power to control both.” 13 C.F.R. § 121.103(a)(1). Federal Communications Commission FCC 07-138 130 translator stations, as well as to potential licensees in these television services. The same SBA definition that applies to television broadcast licensees would apply to these stations. The SBA defines a television broadcast station as a small business if such station has no more than $13.5 million in annual receipts.18 Currently, there are approximately 567 licensed Class A stations, 2,227 licensed LPTV stations, and 4,518 licensed TV translators.19 Given the nature of these services, we will presume that all of these licensees qualify as small entities under the SBA definition. We note, however, that under the SBA’s definition, revenue of affiliates that are not LPTV stations should be aggregated with the LPTV station revenues in determining whether a concern is small. Our estimate may thus overstate the number of small entities since the revenue figure on which it is based does not include or aggregate revenues from non-LPTV affiliated companies. We do not have data on revenues of TV translator or TV booster stations, but virtually all of these entities are also likely to have revenues of less than $13.5 million and thus may be categorized as small, except to the extent that revenues of affiliated non-translator or booster entities should be considered. D. Description of Projected Reporting, Recordkeeping and other Compliance Requirements 10. The proposals set forth in this Eighth Further Notice would involve no changes to reporting, recordkeeping, or other compliance requirements beyond what is already required under the current regulations. E. Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered 11. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.20 12. The proposed changes will allow the new post-transition DTV Table to provide all eligible broadcast television stations – large and small alike – with channels for post- transition DTV operations. No distinction was made between large and small licensees and permittees when determining which proposals to include in the Eighth Further Notice. Small broadcasters, just like large ones, benefited from participating in the channel election process, and had an equal opportunity to review the proposed DTV Table and request modifications. The TCDs and parameters proposed are based almost entirely on elections by licensees. All stations affected by the proposals in the Eighth Further Notice will have the opportunity to comment, and the Commission will consider all comments, including those proposing alternative allotments for specific stations. No alternative to existing proposals for specific modifications to the DTV Table for purposes of DTV allotments are proposed herein. In general, the transition procedures 18 See 13 C.F.R. § 121.201, NAICS Code 515120. 19 See Broadcast Station Totals, supra note 446. 20 5 U.S.C. § 603(c)(1)-(c)(4) Federal Communications Commission FCC 07-138 131 utilized in selecting final DTV allotments have been sufficiently transparent and flexible and eligible applicants for post-transition DTV allotments have been provided with the opportunity to make elections and to suggest alternative allotments. 13. The Eighth Further Notice invites comment from broadcasters, including small broadcasters, on the proposed modifications to the new post-transition DTV Table. In addition, we invite comment on other ways in which we could consider the particular needs and interests of small businesses in finalizing the post-transition DTV Table. 14. The new DTV Table for which the Eighth Further Notice proposes modifications does not provide for channels for low power television stations. The Commission will address the digital transition for low power television (“LPTV”) stations in a separate proceeding. The statutory transition deadline established by Congress in 2006 – February 17, 2009 - applies only to full-power stations.21 One of the Commission’s goals in this proceeding is to permit full power stations to finalize their post-transition facilities by this rapidly approaching deadline. The Commission previously determined that it has discretion under 47 U.S.C. § 336(f)(4) to set the date by which analog operations of stations in the low power and translator service must cease.22 The Commission has stated that the intent is to ensure that low power and translator stations not be required to prematurely convert to digital operation in a manner that could disrupt their analog service or, more importantly, that might cause them to cease operation.23 The Commission decided not to establish a fixed termination date for the low power digital television transition until it resolved the issues concerning the transition of full-power television stations.24 The Commission has recognized that low power television stations are a valuable component of the nation’s television system and has stated its intention to facilitate, wherever possible, the digital transition of these stations.25 F. Federal Rules Which Duplicate, Overlap, or Conflict with the Commission’s Proposals 15. None. 21 See Digital Television and Public Safety Act of 2005, which is Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) (codified at 47 U.S.C. §§ 309(j)(14) and 337(e)). 22 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, Report and Order, 19 FCC Rcd 19331, 19336 ¶ 12 (2004) (“ LPTV DTV Report and Order ”). 23 Id. at 19337 ¶ 14. 24 Id. at 19336 ¶ 19. 25 Id. at 19332, ¶ 1.