Federal Communications Commission FCC 07-91 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) DTV Build-Out ) ) Applications Requesting Extension of the ) Digital Television Construction Deadline ) ) ORDER Adopted: May 17, 2007 Released: May 18, 2007 By the Commission: I. INTRODUCTION 1. This Order considers requests for extension filed by 145 stations seeking additional time to complete construction of their digital television (DTV) facilities.1 For the reasons set forth below, we grant the applications filed by 107 stations and extend their DTV construction deadlines until six months from the release date of this Order.2 For 29 stations3 that have elected to construct their post-transition DTV facility on a channel that is different from their pre-transition DTV channel, we grant their applications and extend their DTV construction deadline until 30 days after the effective date of the amendments to Section 73.624(d) adopted in the Report and Order in the Third DTV Periodic Review proceeding.4 For 4 stations that face unique technical challenges preventing them from completing construction of their DTV facilities (e.g., side-mounted antenna-related issues), we grant their extension _______________________ 1 47 C.F.R. § 73.624(d)(3)(iii). A number of stations included in this Order also sought a waiver of the July 1, 2005 and July 1, 2006, deadlines established for certain stations to construct and operate digital television (DTV) facilities in order to retain interference protection within their replication or maximization service areas (“use or lose” deadlines) or waiver of the August 4, 2005 deadline of the construction of “checklist” facilities (“checklist” deadline). Those “use or lose” and “checklist” waiver requests will be addressed in a separate order. 2 These stations are listed in Appendix A. 3 KGFE-DT, Grand Forks, North Dakota (File No. BEPCDT-2005718ACP), KMEB-DT, Wailuku, Hawaii (File No. BEPCDT-20050718ACN) and WENY-DT, Elmira, New York (File No. BEPCDT-20050817ACT) requested during the DTV channel election process to surrender their pre-transition DTV channel, continue to operate in analog on their analog channel, and then “flash cut” (i.e., change directly from analog operations on their analog channel to digital operations on a digital channel) by the end of the DTV transition. In “DTV Transition - Approval of ‘Flash Cut’ Requests,” Public Notice, DA 07-1847, released April 25, 2007, the Media Bureau granted these stations’ flash cut requests. We conclude that these stations’ extension applications are now moot and they shall be dismissed. 4 These stations are listed in Appendix B. See Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, Notice of Proposed Rulemaking, FCC 07-70, released May 18, 2007 (Third DTV Periodic Review NPRM). Federal Communications Commission FCC 07-91 2 applications and extend their construction deadlines until February 17, 2009 – i.e., the end of the DTV transition.5 We deny 2 stations’ applications but permit them to continue to operate their licensed facilities.6 Finally, we deny 3 stations’ applications, admonish these stations for their continuing failure to timely construct, and afford them additional time to comply with the DTV construction rule.7 2. In light of the impending Congressionally mandated deadline of February 17, 2009 for the nation’s transition to DTV,8 we believe that it is time for all stations to turn their utmost time, attention, and resources to assuring that they have fully built and are operating their DTV facilities. Although we grant extensions to stations requesting additional time to complete their DTV facilities, we caution that the final deadline for completion of DTV construction is drawing near. Congress has established February 17, 2009 as the hard deadline for the termination of analog service.9 The law does not permit a station to continue to provide full power analog television service beyond that date. 3. Stations have had several years to plan, finance, construct, and begin operating their DTV facilities. Many stations have been granted numerous extensions of their original construction deadline. At this late stage in the DTV transition, there remains little time for further extensions. We caution stations that they should utilize the deadline extensions granted herein to take all steps possible to complete construction, as any future extensions will be constrained by the hard deadline. In the Third DTV Periodic Review NPRM, the Commission proposed a stricter standard for stations seeking further DTV extensions.10 The Commission tentatively concluded that the new standard should apply to the consideration of pending extension applications once the new rule becomes effective. Therefore, stations should be aware that further DTV extensions may be examined under the stricter standard proposed in the Third DTV Periodic Review NPRM. II. BACKGROUND 4. To further the rapid implementation of a nationwide system of DTV, we adopted in 1997 what we deemed to be an “aggressive” DTV construction schedule.11 We determined that television stations located in the 10 largest television markets and affiliated with the top four television networks (ABC, CBS, Fox, and NBC) would be required to build DTV facilities by May 1, 1999. Stations affiliated with these networks in television markets 11 through 30 were required to construct their DTV _______________________ 5 These stations are listed in Appendix C. 6 The stations denied extensions are listed in Appendix D. 7 The stations denied extensions, admonished and subject to our remedial measures are listed in Appendix E. 8 See Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006). Title III of the Deficit Reduction Act of 2005 is the DTV Act (DTV Act). The DTV Act is codified at 47 U.S.C. §§ 309(j)(14)(A) and 337(e). 9 Id. 10 Third DTV Periodic Review NPRM, supra at ¶¶81-84. 11 See Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, Fifth Report and Order, 12 FCC Rcd 12809 (1997). Federal Communications Commission FCC 07-91 3 facilities by November 1, 1999. All other commercial stations were required to construct their DTV facilities by May 1, 2002, and all noncommercial stations were to construct their DTV facilities by May 1, 2003. 5. A total of 1,702 television stations in all markets (representing approximately 98.8% of all stations) have been granted a DTV construction permit or license. There are 1,603 stations now on the air broadcasting a digital signal, 1215 with licensed facilities or program test authority and 388 operating pursuant to special temporary authority (“STA”) or experimental DTV authority. 6. In the top 30 television markets, all 119 network-affiliated television stations are on the air in digital, 110 with licensed DTV facilities or program test authority and nine with STAs. In markets 1-10, of the 40 network affiliates due to be on the air by May 1, 1999, all are providing digital service, 38 with licensed DTV facilities and two with STAs. In markets 11-30, all 79 network affiliate stations required to be on the air by November 1, 1999, are providing digital service. Seventy-four have constructed their licensed DTV facilities and five are on the air with STAs. 7. Approximately 1,230 commercial television stations in markets 31 and below were due to begin digital broadcasts by May 1, 2002. As of April 2, 2007, 1,136 of these stations (92.4 percent) are broadcasting a digital signal. In addition, approximately 373 noncommercial educational television stations were required to begin digital operations by May 1, 2003. As of April 2, 2007, 348 (93.3 percent) of these stations are broadcasting a digital signal. 8. In the First DTV Periodic Review MO&O,12 the Commission announced that stations that construct and operate a minimum DTV facility pursuant to STA would have their DTV construction deadline extended indefinitely until such time as the Commission set a new deadline for construction of their full licensed facility. In the Second DTV Periodic Review Report and Order,13 the Commission established deadlines for stations to construct and operate digital facilities in order to retain interference protection within their replication or maximization service areas. Those deadlines were July 1, 2005 for DTV licensees affiliated with the top-four networks (i.e., ABC, CBS, Fox, and NBC) in markets 1-100 and July 1, 2006 for all other television stations. Those dates became the new deadlines for stations operating temporary DTV facilities pursuant to STA to complete construction of their licensed DTV facilities. 9. The Commission’s rules provide that stations that are not able to complete construction of their DTV facilities by their applicable deadline may seek an extension.14 Extensions may be granted when the station is able to demonstrate that “failure to meet that construction deadline is due to circumstances that are either unforeseeable or beyond the licensee’s control where the licensee has taken all reasonable steps to resolve the problem expeditiously. . . . Such circumstances shall include, but are not limited to: (A) [I]nability to construct and place in operation a facility . . . because of delays in _______________________ 12 Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, 16 FCC Rcd 20594 (2001). 13 Second Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, 19 FCC Rcd 18279,18318 (2004). 14 See 47 C.F.R. § 73.624(d)(3)(i). Federal Communications Commission FCC 07-91 4 obtaining zoning or FAA approvals, or similar constraints; (B) the lack of equipment necessary to obtain a digital television signal; or (C) where the cost of meeting the minimum build-out requirements exceeds the station’s financial resources.”15 10. The stations in this proceeding have been granted at least two extensions by the staff. The Commission’s rules provide that stations’ initial requests for six-month extensions be granted on delegated authority.16 The rules permit the Media Bureau to grant stations’ one additional six-month extension. Further extensions may only be granted by Commission action. For 107 stations, we grant the standard six month extension permitted by the rules. However, we conclude below that, in light of the proposals in the Third DTV Periodic Review NPRM regarding stations that have elected to construct their post-transition DTV facility on a channel that is different from their pre-transition DTV channel, it is in the public interest to provide a longer extension for the 29 such stations subject to this Order. Accordingly, the extensions granted herein to these 29 stations will run until 30 days after the effective date of the amendments to Section 73.624(d) adopted in the Report and Order in the Third DTV Periodic Review proceeding. We further conclude below that it is in the public interest to provide a longer extension under the special circumstances presented by the 4 stations facing unique technical challenges preventing them from completing construction of their DTV facilities. Accordingly, the extensions granted herein to those 4 stations will run until February 17, 2009. III. DISCUSSION A. Stations Granted Additional Six-Month Construction Permit Extensions 11. For the reasons set forth below, we find that each of the stations discussed in this section (listed in Appendix A) seeking additional time to construct DTV facilities for channels that they have elected for post-transition use, have met the requirements for further extension of their DTV construction deadline. Therefore, we grant each of these stations a six-month extension to complete its facilities. 12. Hurricane-Related Delays. Damage from hurricanes constitutes the type of circumstance beyond the control of the broadcaster that warrants extension of their DTV construction deadline.17 A hurricane damaged the tower location where WPAN-DT, Fort Walton Beach, Florida, planned to locate its permanent DTV facilities. The station then constructed a temporary facility at another location and began operating pursuant to an STA. The station states that it would like to modify its DTV construction permit to specify a third transmitter location and it needs additional time to construct. 13. September 11, 2001. The impact of the September 11th terrorist attacks warrants extension of these broadcasters’ DTV construction deadline.18 _______________________ 15 See 47 C.F.R. § 73.624(d)(3)(ii). 16 See 47 C.F.R. § 73.624(d)(3)(iii). 17 See “DTV Build-out - Requests for Extension of the Digital Television Construction Deadline,” Order, 18 FCC Rcd 22705, 22709 (2003) (damage from typhoon sufficient to warrant DTV extension). 18 See “DTV Build-out - Requests for Extension of the Digital Television Construction Deadline,” Order, 19 FCC Rcd 10064, 10066 (2004) (delay due to September 11th terrorist attack sufficient to warrant DTV extension). Federal Communications Commission FCC 07-91 5 14. WNBC-DT, New York, New York, completed construction of its DTV facilities several years ago. However, those facilities were destroyed during the September 11, 2001, terrorist attack on the World Trade Center. WNBC-DT states that it expects to construct a permanent facility on the Empire State Building. The station explains that construction has been delayed because of the “challenging and crowded nature of the Empire State Building and complex leasing arrangements.” 15. Construction of the DTV facilities of WNJU-DT, Linden, New Jersey was similarly delayed by the attack. WNJU-DT states that it is reviewing its options to construct its permanent digital facility in light of the technical problems posed by operating from the Empire State Building. 16. According to the station, the impact of the September 11th terrorist attack and other budget constraints have deprived noncommercial station WNYE-DT, New York, New York of the capital funding it needs to complete its DTV construction. Despite this problem, the station continues to pursue its construction plans. 17. Construction and Siting Delays. We recognize that the siting of DTV facilities remains a challenge for many broadcasters. Construction, tower siting and equipment delays of the type outlined below qualify as delays that warrant extension of these stations’ DTV construction deadlines.19 18. Denver, Colorado, Stations KCNC-DT, KMGH-DT, and KTVD-DT were for many years embroiled in long-standing local tower siting disputes. That dispute was resolved when Congress enacted legislation on December 22, 2006 that clarified certain land use issues on Lookout Mountain.20 Specifically, the legislation states that any person that holds an approved FCC DTV construction permit for a tower located on Lookout Mountain may construct its tower if such tower is “of the same height or lower than the tallest existing analog broadcast antenna or tower at such location.”21 In light of this development, these stations may now proceed to complete construction of their DTV facilities expeditiously. 19. WHUT-DT, Washington, DC, states that it has experienced equipment problems with its combiner that required a redesign of some of its DTV equipment. The station explains that it is working to rebuild the necessary equipment and complete installation. The station states that it has also encountered difficulties entering into a lease, and its legal department is working on the matter. 20. KVLY-DT, Fargo, North Dakota, reports that it has completed all of the electrical and air conditioning modifications to the station’s transmitter building, and it has installed the station’s transmitter and DTV antenna. The station states that it has experienced unexpected technical problems with its microwave relay system that delayed the initiation of service. The station states that it is working to resolve these problems and expects to have the station ready for DTV service shortly. _______________________ 19 See “DTV Build-out - Requests for Extension of the Digital Television Construction Deadline,” Order, 19 FCC Rcd 10790, 10792 (2004) (uncontrollable construction delays sufficient to warrant DTV extension). 20 See Pub. L. No. 109-466 (2006). 21 Id. Federal Communications Commission FCC 07-91 6 21. WMTJ-DT, Fajardo, Puerto Rico, explains that it unexpectedly found that it would not be able to use an existing telecommunications tower for its DTV antenna because it was determined that the tower could not accommodate additional antennas. The station states that it has decided to build its own tower in an environmentally sensitive area and is awaiting approval by the Forest Service. 22. Noncommercial educational television station KGTF(TV), Agana, Guam, states that it discovered in late 2005 that its tower could not be adequately strengthened to support both its analog and digital facilities. The station has filed an application to modify its DTV construction permit to move to an antenna farm at Mt. Barrigada.22 The station states that it is close to obtaining FAA approval for construction of a new tower at that site. 23. WELU-DT, Aguadilla, Puerto Rico, did not receive a grant of a necessary application for modification of construction permit until March 2004. Since that action, the station states that it has sought approval of its proposed tower site from local authorities. Approval was delayed and the station did not receive local authorization until June 2005. Since that time, the station states that it has been moving forward to complete construction of its facilities. The station explains that construction has been delayed due to an exceptionally wet season, during which it was unable to pour cement. The station states that it is conducting tests to determine if the cement that was ultimately poured is satisfactory. The station has ordered all of its equipment, which has been delivered. 24. KMTP-TV, San Francisco, California, has completed construction of its DTV facilities but, maintains that, due to technical problems with its shared antenna, it is unable to operate with full power. The station has filed a request for STA to operate with reduced power while it works to resolve this technical difficulty and increase its power to its authorized level. 25. Despite having ordered their DTV equipment several months before their respective construction deadlines, KAZH-DT, Baytown, Texas; KMEG-DT, Sioux City, Iowa; KTLN-DT, Novato, California; KWKB-DT, Iowa City, Iowa; WATC-DT, Atlanta, Georgia; WTWB-DT, Lexington, North Carolina; WDTI-DT, Indianapolis, Indiana; and WLFG-DT, Grundy, Virginia; all state that they were unable to obtain their equipment in time for the stations to complete construction. These stations state that they will complete construction as soon as their equipment is delivered. 26. KPAZ-DT, Phoenix, Arizona has a tower site located in a city-owned park. The station explains that construction within the park must be coordinated with the city’s parks authority. The station states that it has experienced delays obtaining all of the necessary approvals to begin construction. The station states that it expects to be able to begin constructing shortly and will work towards completing construction as soon as possible. The station also states that an incredible construction boom in the Phoenix area has resulted in shortages of workers and materials which have further delayed construction. 27. KVOS-DT, Bellingham, Washington, is authorized to mount its antenna on a tower within Moran State Park on a site which is privately owned. The station states that the site owner encountered difficulties securing a contract with a builder to construct a tower and died during construction, which resulted in construction delays. The tower was completed in July 2006 and the station states that its antenna and transmission line have been installed, but that it does not expect to _______________________ 22 See File No. BMPCDT-20061013ACT. Federal Communications Commission FCC 07-91 7 finish construction of the transmitter building until February 2007, assuming bad weather does not hinder access to the mountaintop site. 28. WLLA-DT, Kalamazoo, Michigan, states that winter weather conditions, namely two inches of ice on the station’s tower, have prevented it from completing construction of its DTV facilities. The station states that all equipment is on hand and once the weather conditions improve, it will be able to complete construction. 29. WFFF-DT, Burlington, Vermont, has proposed collocating its DTV facilities atop Vermont’s Mt. Mansfield together with other area television stations, on land owned by the University of Vermont. The station states that it has experienced delays in completion of this common tower. The station explains that it has had difficulties obtaining all of the necessary approvals from the State of Vermont. The station was able to finally obtain the necessary approvals in April 2005 and states that it has been working to complete construction. The station maintains that construction was delayed in late 2006 by winter weather conditions. The station states that it cannot continue construction until the end of the winter season but is operating an STA facility. 30. WTCE-DT, Fort Pierce, Florida, states that it entered into a tower and transmitter lease with a tower owner in late 2005 and was dependent on the tower owner to complete any necessary structural analysis, fabricate and install any necessary reinforcements, and complete the necessary expansion of the transmitter building. The station explains that the tower company did not complete the tower modifications until two weeks before the construction permit expired, and still had not obtained local approval for the transmitter building addition. The tower owner submitted a letter stating that the delays were not the station’s fault and anticipating that all construction would be completed shortly. The station states that all of its equipment has been ordered and is ready for delivery. 31. According to the station, commencement of full power operation of the DTV facilities of WTSF-DT, Ashland, Kentucky, has been delayed because the station’s tower company must conduct a tower strength test. The station states that it is awaiting the completion of this test which has been delayed by the shortage of skilled personnel. The station states that it will complete construction as soon as the test is completed. 32. WVIZ-DT, Cleveland, Ohio, states that the primary obstacle to completion of its full DTV facilities has been its ongoing negotiations with the owner of the tower where the station plans to construct its facilities. The station explains that the owner has “effectively blocked” the station’s installation of its equipment. The station states that it is working to resolve the problems and restore access so that it can complete construction of its DTV facilities. Federal Communications Commission FCC 07-91 8 33. Stations with Pending Matters or Recently Granted Authorizations. At the time that it filed its extension application, the licensee of each of the following stations was awaiting action on a pending matter (request for special temporary authorization, application for construction permit or modification, or petition for rulemaking) or had only recently received an authorization for its DTV facility. Many of the pending matters have been resolved and the Media Bureau staff is working to quickly resolve those remaining pending cases: KAEF-DT, Arcata, California.23 KATC-DT, Lafayette, Louisiana24 KATN-DT, Fairbanks, Alaska25 KCFG-DT, Flagstaff, Arizona26 KLDO-DT, Laredo, Texas27 KLTJ-DT, Galveston, Texas28 KRCB-DT, Cotati, California29 KTTW-DT, Sioux Falls, South Dakota30 KVRR-DT, Fargo, North Dakota31 WAOE-DT, Peoria, Illinois32 WCJB-DT, Gainesville, Florida33 WHTV-DT, Jackson, Michigan34 WNMU-DT, Marquette, Michigan35 _______________________ 23 See File No. BMPCDT-20060705AAE (granted July 26, 2006). 24 See File No. BMPCDT-20060906AAW (granted September 29, 2006). 25 KATN-DT was awaiting action on channel change rulemaking proceedings that was concluded shortly before the station filed its extension application. The station is now awaiting action on its permit application. See BPCT- 20051101AAZ. 26 See File No. BMPCDT-20060329AJP (granted June 23, 2006). 27 See File No. BMPCDT-20060112AEV (granted March 14, 2006). 28 See File No. BMPCDT-20060519ABG (granted July 11, 2006). 29 See File No. BMPCDT-20060804AFZ (granted November 3, 2006). 30 See File No. BMPCDT-20060613AAT (granted July 6, 2006). 31 See File No. BMPCDT-20061228AAO. 32 See File No. BMPCDT-20061211ABA. 33 See File No. BMPCDT-20060707AFH (granted October 10, 2006). 34 See File No. BMPCDT-20000501AEL (granted August 30, 2006). 35 See File No.BMPEDT-20060628ACT (granted August 10, 2006). Federal Communications Commission FCC 07-91 9 WORA-DT, Mayaguez, Puerto Rico36 WPPB-DT, Boca Raton, Florida37 WPXS-DT, Mount Vernon, Illinois38 WRFB-DT, Carolina, Puerto Rico39 WSJU-DT, San Juan, Puerto Rico40 WTIC-DT, Hartford, Connecticut41 WVEO-DT, Aguadilla, Puerto Rico42 WZMY-DT, Derry, New Hampshire43 34. KTDO-DT, Las Cruces, New Mexico, is awaiting action on a pending request to implement a distributed transmission system (DTS) for its DTV facility.44 Until the Commission acts on that request, the station continues operating a low power DTV facility pursuant to STA. 35. Financial Problems. At an earlier stage of the DTV build out in 2001, the DTV MO&O recognized that some stations may not be in the financial position to provide DTV service by the applicable construction deadlines.45 We announced a policy of allowing a station to seek an extension of its DTV construction deadline based upon the fact that the cost to construct its facility may exceed the station’s financial resources. To qualify under this standard, the applicant must provide (1) an itemized estimate of the cost of meeting the minimum build-out requirements (2) a detailed statement explaining why its financial condition precludes such an expenditure; (3) a detailed accounting of the applicant’s good faith efforts to meet the deadline, including its good faith efforts to obtain the requisite financing, and explanation why those efforts were unsuccessful; and (4) an indication when the applicants _______________________ 36 See File No. BMPCDT-20060414AAR (granted June 26, 2006). 37 See File No. BMPEDT-20060705ACF. 38 See File No. BMPCDT-20060626ABK (granted July 25, 2006). 39 See File No. BMPCDT-20060626ACO (granted July 19, 2006). 40 See File No. BMPCDT-20060628ACE (granted July 25, 2006). 41 WTIC-DT is awaiting Canadian clearance on its modification application. See File No. BMPCDT- 20040616AAM. 42 See File No. BMPCDT-20060705ABD (granted August 4, 2006). 43 See File No. BMPCDT-20060630ADT (granted July 28, 2006). 44 See File No. BDTSSTA-20051230AFV. 45 See Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, Memorandum Opinion and Order, 16 FCC Rcd 20594, 20610-12 (2001) (“DTV MO&O”). Federal Communications Commission FCC 07-91 10 reasonably expects to complete construction.46 Although the circumstances that pertained when we adopted these criteria have changed, we will still consider extensions under this standard at this time.47 36. Upon review of their applications and supporting documentation, we find that the following stations have met the standards for extension of their DTV construction deadlines based upon financial hardship. We note that a number of these stations have submitted their showings with requests that they be treated confidentially pursuant to Section 0.459 of the Commission’s rules,48 as they contain sensitive financial information that would “customarily be guarded from competitors” and not routinely available for public inspection.49 We find that these stations have met the requirements under Section 0.459. As a result, we grant their requests for confidential treatment and limit our discussions below accordingly. 37. The Georgia Public Telecommunications Commission (GPTC) is the licensee of the following stations: WABW-DT, Pelham, Georgia WACS-DT, Dawson, Georgia WCES-DT, Wrens, Georgia WCLP-DT, Chatsworth, Georgia WDCO-DT, Cochran, Georgia WJSP-DT, Columbus, Georgia 38. GPTC states that it has experienced a delay in obtaining state funding for its DTV construction. GPTC states that it has been working with the state legislature to obtain authority to sell bonds for such construction. GPTC first obtained approval from the state to sell the bonds, but the approval was later rescinded. Since its last extension request, the Governor of Georgia has authorized the sale of revenue bonds to fund construction of the stations’ DTV facilities, but the bond sale has been delayed by a final audit of the state’s finances. Once the audit is complete and the bonds sold, GPTC states that the stations will be able to order their DTV equipment. According to GPTC, the stations have issued a request for equipment and are awaiting proposals. 39. The licensee of KTBY-DT, Anchorage, Alaska, continues to experience financial hardship. The station states that it intended to locate its DTV facilities on a tower with KTVA-DT. KTBY-DT was in the process of being sold to the owners of KTVA-DT and the station was planning to _______________________ 46 Id. 47 We note that, in the Third DTV Periodic Review NPRM , the Commission is seeking comment on a stricter standard for reviewing DTV extension applications. See Third DTV Periodic Review NPRM, supra at ¶¶81-84. That stricter standard includes a modified standard for stations seeking extensions based upon financial hardship. The NPRM proposes that a station would only qualify under financial hardship if it is (1) the subject of a bankruptcy or receivership proceeding, or (2) experiencing severe financial hardship, as defined by negative cash flow for the past three years. Id. 48 47 C.F.R. § 0.459. 49 See 47 C.F.R. § 0.457(d)(2). Federal Communications Commission FCC 07-91 11 collocate its DTV facilities with KTVA-DT. The sale of KTBY-DT was later terminated, as was the plan to collocate the stations’ DTV facilities. KTBY-DT then found a new site for its DTV facilities. The station’s application to modify its construction permit to specify this new site was granted in May 2006.50 40. The principals of the licensee of WYLE-DT, Florence, Alabama, state that they have been “self-financing” the construction of the station’s DTV facilities. The station states that it lost its source for programming in April 2005, drastically reducing its revenues. The station states that it was able to obtain financing from a credit union for the purchase of its DTV transmitter. According to the station, an unforeseen delay in the closing of the loan (due to previously undiscovered liens on the station owner’s property) prevented the station from obtaining its financing. The station states that it has hired counsel to assist with the lien problems and it expects to be able to complete construction once the lien problem has been resolved. 41. WRJM-DT, Troy, Alabama, states that it was previously unable to complete construction because release of the final portion of its bank loan was delayed. The station now states that its cash flow does not support a bank or outside financing loan and it is now relying on receivables to finance construction. Since its last extension request, the station has purchased all of its DTV equipment except for its exciter. The station expects to purchase an exciter and complete construction shortly. 42. WCVI-DT, Christiansted, Virgin Island, states that it experienced interference on its analog channel and that it was forced to bear the expense of changing channels or “go out of business.” Because of this unexpected expense, the station explains that it was left without sufficient funds to construct its DTV facilities. The station states that it then reestablished its DTV funds and proposed a new DTV construction schedule. 43. The parent company of the licensee of WFXU-DT, Live Oak, Florida, is currently in bankruptcy reorganization. The station states that this fact, combined with the poor financial performance of the station, has delayed a decision on the expenditure of funds for the station’s DTV construction. The station states that the bankruptcy court is continuing to pursue a buyer for the station. 44. Mission Broadcasting, Inc., (Mission) is the licensee of the following stations for which it is seeking extensions: KAMC-DT, Lubbock, Texas KCIT-DT, Amarillo, Texas KHMT-DT, Hardin, Montana KJTL-DT, Wichita Falls, Texas KODE-DT, Joplin, Missouri KRBC-DT, Abilene, Texas KSAN-DT, San Angelo, Texas WFXP-DT, Erie, Pennsylvania WFXW-DT, Terre Haute, Indiana _______________________ 50 See File No. BMPCDT-20060214AAK (granted May 18, 2006). Federal Communications Commission FCC 07-91 12 Mission has claimed financial hardship as the justification for extension of these stations’ DTV construction permits. Mission has submitted a timetable for construction of their DTV facilities. 45. Nexstar Broadcasting, Inc., (Nexstar) is the licensee of the following stations for which it is seeking extensions: KAMR-DT, Amarillo, Texas KARD-DT, West Monroe, Louisiana KBTV-DT, Port Arthur, Texas KFDX-DT, Witchita Falls, Texas KLBK-DT, Lubbock, Texas KLST-DT, San Angelo, Texas KMID-DT, Midland, Texas KSNF-DT, Joplin, Missouri KSVI-DT, Billings, Montana KTAB-DT, Abilene, Texas WDHN-DT, Dothan, Alabama WFFT-DT, Fort Wayne, Indiana WFXV-DT, Utica, New York WQRF-DT, Rockford, Illinois WTWO-DT, Terre Haute, Indiana Nexstar has also claimed financial hardship as the justification for extension of these stations’ DTV construction permits. Nexstar has submitted a timetable for construction of their DTV facilities. 46. KDMD-DT, Anchorage, Alaska, states that it has been unable to complete construction of its DTV facilities due to financial hardship. The station states that it has made good faith efforts to complete construction and has submitted its plan for completion of construction. 47. KEET-DT, Eureka, California, is a noncommercial station licensed to a public television entity. The station has been unable to complete construction of its permanent DTV facilities because of “severe financial constraints.” The station states that it has been conducting pledge drives to raise money for construction and has been operating a low-power STA facility. The station states that it has applied for a Department of Agriculture grant and intends to use these funds, if obtained, to complete its upgrade. 48. The parent of the licensee of KHGI-DT, Kearney, Nebraska; KWNB-DT, Hayes Center, Nebraska; KSWT-DT, Yuma, Arizona; WWAZ-DT, Fond du Lac, Wisconsin, has been unable to complete construction of its DTV facilities because of financial hardship. The licensee has provided timetables for completion of its facilities. 49. KMCC-DT, Laughlin, Nevada, KTNL-DT, Sitka, Alaska, and KTVG-DT, Grand Island, Nebraska, also rely on financial hardship as the reason they have not completed construction of their DTV facilities. The stations have provided timetables for when they expect to complete construction. 50. KNLC-DT, St. Louis, Missouri, is licensed to a church entity that has been struggling to raise sufficient funds to complete construction of its full facility. The station states that it continues to raise money and has made substantial progress towards completing construction. The station explains Federal Communications Commission FCC 07-91 13 that it also suffered the loss of its analog transmitter that it replaced with a new dual analog/digital model. The station has filed its license application and is awaiting grant of program test authority which is not automatic because the station will be operating on Channel 14. 51. KSMQ-DT, Austin, Minnesota, is a noncommercial educational station that has experienced difficulties raising funds to complete construction of its full power facility. The station states that it is “seeking to raise grant funding for this project” and has provided a timetable for DTV construction. 52. The licensee of KTRG-DT, Del Rio, Texas, is in bankruptcy. The station is in the process of being sold to a new owner and an assignment application is pending.51 53. KSBN-DT, Springdale, Arkansas, is licensed to a non-profit entity that operates the station on a non-commercial basis. The station made a financial hardship showing. The station was recently sold and the new licensee has filed an application to modify the station’s construction permit.52 54. KVTN-DT, Pine Bluff, Arkansas, is also licensed to a non-profit entity that relies on donations and fundraising to operate its station. The station states that it has experienced delays in raising money for DTV construction. The station has provided a timetable for completing construction and states that it is “committed” to completing this station’s DTV facilities. 55. KTWO-DT, Casper, Wyoming, was recently sold to new entity that took control of the station only a month before the construction deadline. The new entity states that it is researching sources of funding for the DTV construction. 56. KUBD-DT, Ketchikan, Alaska, sought an extension based on financial hardship. The station states that it is also working to resolve interference problems from radar on nearby cruise ships. The station has submitted a timetable for resolving the interference problems and to complete construction. 57. The licensee of WBKB-DT, Alpena, Michigan, and KXGN-DT, Glendive, Montana, also provided a financial hardship showing explaining its efforts to complete its DTV facilities for these stations. The licensee submitted timetables for completion of construction. 58. KVHP-DT, Lake Charles, Louisiana, has experienced financial difficulties following the heavy hurricane season of 2005. The station’s analog facility was damaged during hurricane Rita. In addition, the station has had difficulty finding a tower crew to complete its DTV construction. 59. The previous licensee of WFXB-DT, Myrtle Beach, South Carolina, explains that it experienced financial difficulties to the point that it was forced to sell the station. The new owner only recently acquired the station and has submitted a plan for construction of the station’s DTV facilities. _______________________ 51 See File No. BAPLCT-20060120ABR. 52 See File No. BAPLCT-20060413ACJ (granted June 6, 2006) and File No. BMPCDT-20070207AAA. Federal Communications Commission FCC 07-91 14 60. The licensee of WSEE-DT, Erie, Pennsylvania, claims to not have sufficient cash flow to complete construction of its DTV facilities. The licensee states that it may not borrow any more under its current credit facility nor may it borrow from other sources. The licensee explains that it is making plans to refinance its credit facility with another entity in 2007 and believes it will be able to obtain the necessary financing at that time to complete construction. 61. The licensee of WTVE-DT, Reading, Pennsylvania, is currently in bankruptcy. The station states that the bankruptcy trustee is pursuing the construction of a distributed transmission system (DTS) facility for the station. Their application for STA DTS was granted on November 30, 200653 and the station states that it plans to move forward with construction of this system. B. Stations Granted Construction Permit Extensions Until 30 Days After the Effective Date of the Amendments to Section 73.624(d) Adopted in the Report and Order in the Third DTV Periodic Review Proceeding 62. The Third DTV Periodic Review NPRM proposes to permit a station that has not constructed an operational pre-transition DTV facility to return its CP for that facility to the Commission and focus its efforts on construction of its post-transition facility. 54 The Third DTV Periodic Review NPRM also proposes options for stations with operational DTV facilities on a pre-transition channel, which could include discontinuation of further construction.55 In light of these proposals for stations whose pre-transition DTV channel is different from their post-transition channel, and for the reasons set forth below, we find it appropriate to grant stations in that category (listed in Appendix B) an extension until 30 days after the effective date of the amendments to Section 73.624(d) adopted in the Report and Order in the Third DTV Periodic Review proceeding. 63. Hurricane-Related Delays. According to the station, construction of the DTV facilities of WGNO-DT, New Orleans, Louisiana, was delayed by hurricane Katrina. The station states that its analog facility was damaged as well. The station explains that it is working with its insurance carrier and evaluating several options for completing its DTV construction. 64. WSTE-DT, Ponce, Puerto Rico, states that it has experienced delays in obtaining local permits necessary to complete its DTV construction. Without the local permits, the station maintains that it could not begin construction. The permits were eventually obtained and the station began construction of its DTV facilities. However, the station states that construction was subsequently delayed due to tower crews being diverted to help repair towers that were damaged by Hurricane Katrina. The station recently reported that construction of the tower and transmitter building has been completed. The station states that it is now awaiting installation of electricity to its site and the grant of a local electrical use permit. _______________________ 53 See File No. BSDTS-20060407ACP (granted November 30, 2006). 54 See Third DTV Periodic Review NPRM, supra at ¶65. 55 Id at ¶66. Federal Communications Commission FCC 07-91 15 65. September 11, 2001. WABC-DT, New York, New York is one of the New York stations whose completed DTV facilities were destroyed during the September 11, 2001, terrorist attack on the World Trade Center. The station states that it plans to construct its permanent facilities at either one of its current temporary sites or the new Freedom Tower site. The station explains that construction at that site cannot be completed until recently released plans for rebuilding a broadcast tower there are finalized and the tower has been constructed. 66. Construction Delays. KCAL-DT, Los Angeles, California, did not receive a grant of its maximized construction permit until a little more than three months before its construction deadline. In that time, the station states that it has made progress in construction but needs an extension in order to complete construction. 67. According to the station, at the “eleventh hour,” the owner of the tower proposed by KCAU-DT, Sioux City, Iowa, for its DTV facilities changed its mind and decided to not permit the station access to the tower. The station states that it is now pursuing the prospect of using its existing analog tower site for collocating its DTV facilities. The station states that it is working with the tower owner to obtain its consent. 68. KRMA-DT, and KUSA-DT, both Denver, Colorado, are two of the Denver area stations embroiled in a long-standing local tower siting dispute.56 That dispute was resolved recently by Congressional action and these stations may now proceed to complete construction of their DTV facilities expeditiously. 69. KTVZ-DT, Bend, Oregon, is operating a lower power DTV facility pursuant to an STA. Based on monitoring the quality of reception of its digital viewers, the station states that it is conducting field studies to determine whether to construct a full power facility pursuant to its outstanding DTV construction permit. The station states that it needs an additional six months to complete these field studies before it can determine whether to pursue the full power facility or modify its construction permit. 70. WVXF-DT, Charlotte Amalie, Virgin Islands, maintains that it was having problems with the electrical grid that serves the station’s tower site. The station explains that the grid is insufficient to support both the station’s analog and DTV operation. The station states that it is working with the local electric authorities, who estimated that an upgrade to the grid would be completed in January 2006. Because of numerous power outages since that time, the station maintains that it has determined that it does not make sense to replace the station’s analog transmitter with a more efficient model. The station states that such a step would not solve the problems of sporadic power outages at its tower site. The licensee, which acquired the station in September 2004, states that it has ordered its DTV equipment and is also working to finalize a modified lease for its proposed antenna location. 71. Despite having ordered its DTV equipment several months before its construction deadline, WGGS-DT, Greenville, South Carolina; states that they were unable to obtain its equipment in time for the station to complete construction. This station states that they will complete construction as soon as its equipment is delivered. _______________________ 56 See ¶18 infra. Federal Communications Commission FCC 07-91 16 72. Financial Hardship. The licensee of KFNB-DT, Casper, Wyoming, and KLWY-DT, Cheyenne, Wyoming, also claims financial hardship as the justification for having not completed construction of its DTV facilities. The licensee states that it has operated under a “severe financial strain” for years. The stations continue to operate STA facilities and have provided a timetable for DTV construction. 73. Mission is the licensee of KOLR-DT, Springfield, Missouri. Mission has claimed financial hardship as the justification for extension of this station’ DTV construction permit. Mission has submitted a timetable for construction of its DTV facilities. 74. Nexstar is the licensee of KQTV-DT, St. Joseph, Missouri, WCFN-DT, Springfield, Illinois, and WJET-DT, Erie, Pennsylvania. Nexstar has also claimed financial hardship as the justification for extension of these stations’ DTV construction permits. Nexstar has submitted a timetable for construction of their DTV facilities. 75. WFXI-DT, Morehead City, North Carolina, claimed financial hardship and has submitted a timetable for completion of the station’s DTV facilities. 76. GPTC is the licensee of WGTV-DT, Athens, Georgia, WVAN-DT, Savannah, Georgia, and WXGA-DT, Waycross, Georgia. As set forth infra, GPTC experienced a delay in obtaining state funding for DTV construction. GPTC has issued a request for equipment and is awaiting proposals. 77. The licensee of WICU-DT, Erie, Pennsylvania, claims to not have sufficient cash flow to complete construction of its DTV facilities. The licensee states that it may not borrow any more under its current credit facility nor may it borrow from other sources. The licensee explains that it is making plans to refinance its credit facility with another entity in 2007 and believes it will be able to obtain the necessary financing at that time to complete construction. 78. The parent of the WLGA-DT, Opelika, Alabama has been unable to complete construction of its DTV facilities because of financial hardship. The licensee has provided a timetable for completion of its facilities. 79. WMDT-DT, Salisbury, Maryland, claimed financial hardship as its reason for not completing construction of its full power DTV facility. The station was assigned an out-of-core DTV channel (53) and elected to return to its analog channel. The station has provided an estimate of its DTV construction costs and a timetable for completing construction. 80. Stations with Pending Matters or Recently Granted Authorizations. At the time KGWC- DT, Casper, Wyoming filed its extension application the station was in the process of being sold to a new entity and the assignment application was still pending.57 That application was subsequently granted. The new licensee states that it has taken steps to put the station on the air including ordering equipment and expects to have the station on the air shortly. _______________________ 57 See File No. BALCT-20030826ALR (granted May 31, 2006). Federal Communications Commission FCC 07-91 17 81. At the time that it filed its extension application, the licensee of each of the following stations was awaiting action on a pending matter (request for special temporary authorization, application for construction permit or modification, or petition for rulemaking) or had only recently received an authorization for its DTV facility: KJNP-DT, North Pole, Alaska58 KVTV-DT, Laredo, Texas59 WDIO-DT, Duluth, Minnesota60 WIPR-DT, San Juan, Puerto Rico61 WYDC-DT, Corning, New York62 C. Stations Granted Construction Permit Extensions Until February 17, 2009 82. We recognize the unique technical challenges faced by the stations listed in Appendix C. For the reasons set forth below, we grant each of these stations an extension of their CP until February 17, 2009 – i.e., the end of the DTV transition.63 83. Problems with Top-Mounted Antennas. Some of the stations listed in Appendix C have proposed to collocate their DTV antenna on the top of the tower that houses their existing analog antenna. That each station’s existing analog antenna is currently located on the top of the tower has complicated the station’s ability to timely construct its DTV facility. In order to top-mount its DTV antenna, each would have to relocate its analog antenna to another position on its existing tower or to another location altogether. In addition, some of these stations have elected their respective existing analog channels as their post-transition DTV channels and have proposed using their existing analog structures as the structures for their DTV facilities. These stations maintain that, to require them to temporarily relocate their existing analog antenna from the top-mounted position until the end of the DTV transition would cause a loss of analog service, other technical problems, or the needless incurrence of extra engineering expenses. In order to resolve this problem, each such station has side-mounted its DTV antenna temporarily until the end of the DTV transition. At the end of the DTV transition, when analog operations have ceased, each station proposes moving its permanent DTV antenna to its permanent top-mounted position. _______________________ 58 See File No. BMPCDT-20060609ABY. 59 KVTV-DT was awaiting the conclusion of a pending channel change rulemaking proceeding that was concluded shortly after the station filed its extension application. The station was granted its construction permit. See File No. BMPCDT-20060104AAJ (granted March 13, 2006). 60 See File No. BMPCDT-20060703ACP (granted July 26, 2006). 61 See File No. BMPCDT-20061127AHG. 62 See File No. BMPCDT-20060707ADY. 63 The stations in this category include those whose pre-transition DTV channel is the same as their post-transition channel and stations whose post-transition DTV channel is different than their pre-transition channel. Federal Communications Commission FCC 07-91 18 84. KUPT-DT, Hobbs, Nevada, states that building out its replication facilities would require it to move its existing top-mount antenna down resulting in a loss of service to its community of service. The station estimates that 355 persons would lose service if this move was made. The station is operating a temporary side-mounted facility that provides 90.5 percent coverage. 85. The analog antenna for WJZY-DT, Belmont, North Carolina, is top-mounted and the station’s digital antenna is side-mounted. WJZY-DT states that it cannot achieve maximization of its DTV facilities without displacing its analog antenna and causing a severe disruption to analog viewers. The station is operating a temporary DTV facility that provides 96 percent coverage. 86. WMYT-DT, Rock Hill, South Carolina, also has a top-mounted analog antenna and side- mounted digital antenna. The station also states that requiring it to achieve its maximized DTV facilities would cause a severe disruption to its analog operation. The station is operating a temporary DTV facility that provides 99 percent coverage. 87. Other Unique Technical Challenges. Noncommercial educational station WMFE-DT, Orlando, Florida, uses a common antenna for its analog and digital operations. The station was forced to use this configuration because it is not permitted to install any additional antennas on its leased tower. The station is currently operating its DTV facility at reduced power and intends to increase to full power at the end of the DTV transition when it will no longer be operating its analog facility. D. Stations Denied Extensions 88. KCET-DT, Los Angeles, California, currently operates a licensed DTV facility on DTV channel 59 that provides replication coverage. The station elected to return to its analog channel 28. It has an outstanding construction permit to maximize its DTV facilities. During the channel election process, the station was designated its analog channel (28) as its permanent DTV assignment but was required to resolve interference to KEYT-DT, Santa Barbara, California, in order to receive this channel assignment. The station resolved this interference by electing to amend its Conflict Resolution Form to specify its licensed replication facilities (currently operating on DTV channel 59) rather than its maximized facilities. The station requests that its construction permit for its maximized facilities be extended, however. The station states that KEYT-DT is not yet operating at its full power and until it is able to justify a waiver of its “use or lose” deadline, the Commission should permit KCET-DT to continue to pursue its maximized construction permit. 89. KCET-DT chose to amend its Conflict Resolution Form and to specify its licensed replication facilities. When it did so, it gave up its rights to pursue the construction permit for its maximized facilities. We will not permit KCET-DT to pursue a construction permit that conflicts with the allotted facilities of another station (KEYT-DT). We note that KEYT-DT has sought a waiver of the “use or lose” deadline and that waiver will be considered in a separate proceeding. 90. KICU-DT, San Jose, California, is licensed to operate a DTV facility on Channel 52 with 251 kW but has a permit for a maximized 1000 kW facility. The station has elected to return to its analog channel 36. The station certified that it would construct its maximized DTV facility. The station’s lower power facility satisfies its “use or lose” requirements but it would like to be able to keep alive its maximized construction permit. The station provides no justification whatsoever as to why it has not constructed its maximized facilities. Federal Communications Commission FCC 07-91 19 91. We deny these stations’ extension applications because they have not met the requirements for extension. These stations have not shown that they were unable to complete construction due to unforeseen circumstances, circumstances beyond their control, or financial hardship.64 Unlike the other stations whose extension applications we deny herein, we shall not admonish these stations for seeking to extend their maximized DTV construction permits because they have met their DTV construction obligations albeit at a lower power and their extension requests were filed on a contingent basis. These stations shall be permitted to continue to operate their licensed facilities. E. Stations Denied Extensions and Admonished For Failure to Timely Construct 92. In our Remedial DTV R&O, we announced a series of measures that we would employ whenever we determined that a television station had failed to timely complete construction of its DTV facilities and to adequately justify an extension of its DTV construction permit.65 Upon examination of their extension applications, we have determined that the following stations have not submitted a showing justifying their failure to complete construction of their DTV facilities and warranting an extension of their construction deadline. These stations have not met their DTV construction obligations and we therefore admonish these stations and subject them to our remedial measures.66 93. KECY-DT, El Centro, California, is licensed on analog channel 9 and currently operates a DTV facility on channel 48 pursuant to STA. The station has elected to return to its analog channel 9. The station began DTV operations on channel 48 in July 2004 and states that it has not had enough time to determine whether to complete construction of its full DTV facility. The station’s only justification is that they haven’t decided what to build. Such a decision is completely within the station’s control and does not serve as justification for extension of a construction permit.67 94. WTVA-DT, Tupelo, Mississippi, was initially assigned DTV channel 57 and has been assigned channel 8 as its post-transition DTV channel. When it filed its extension application, the station claimed that it was awaiting action on rulemaking to change its DTV channel. That petition was denied. The station also claimed financial hardship as its reason for not constructing on its paired DTV channel 57 but it did not include a timetable for when it expected to complete construction of this facility, one of the requisite parts of the financial hardship showing. _______________________ 64 See 47 C.F.R. § 73.624(d)(3). 65 See Remedial Measures For Failure to Comply with Digital Television Construction Schedule, Report and Order, 18 FCC Rcd 7174 (2003) (“Remedial DTV R&O”). 66 Commission staff informally contacted those stations that made incomplete showings in an effort to provide them with a chance to supplement their submissions. Some stations provided us with additional information and, thus, were able to secure an additional CP extension. 67 See “DTV Build-out - Requests for Extension of the Digital Television Construction Deadline,” Order, 18 FCC Rcd 22705, 22716 (2003) (stations denied extensions for failing to show that events outside of their control had delayed construction). Federal Communications Commission FCC 07-91 20 95. KJUD-DT, Juneau, Alaska, has elected to remain on its DTV channel 11. Although it is not a satellite, the station relies on its programming from commonly owned KIMO-DT, Anchorage, Alaska. Because of this fact, KJUD-DT states that it cannot complete construction of its DTV facilities and begin operating until the DTV facilities of KIMO-DT, Anchorage, Alaska, are completed. According to a “use or lose” waiver filed in July 2006, KIMO-DT has completed construction and is operating with DTV facilities that provide almost full coverage. Despite this fact, KJUD-DT still has not begun operating its DTV facilities. 96. We find that these stations have not provided sufficient justification for extension of their DTV construction permits. These stations have not shown that they were unable to complete construction due to unforeseen circumstances, circumstances beyond their control, or financial hardship.68 For the reasons set forth above, we deny these station’s extension applications and admonish them for their failure to comply with their DTV construction obligations. 97. Accordingly, the station denied and admonished that is constructing DTV facilities on its post-transition DTV channels (KJUD-DT) is provided six months from the release date of this Order to comply with the DTV construction rule. In addition, KJUD-TV must submit a report (in letter form with the Secretary’s office), within 30 days of the release date of this Order, outlining the steps it intends to take to complete construction and the approximate date by which it will reach each of these construction milestones. Sixty days after the initial report, the station must submit a report (in letter form with the Secretary’s office) detailing its progress on meeting its proposed construction milestones and justifying any delays it may have encountered. If, at any time during the relevant period, this station fails to comply with the reporting requirements or fails to demonstrate that it is taking all reasonable steps to complete construction, or we otherwise find that the station has acted in bad faith, we will consider the imposition of additional sanctions.69 98. The station should also understand that, as a result of being placed in the remedial program, the burden will be greater to demonstrate the propriety of any further delay in completing their DTV construction. If, at the end of the relevant period, the station has not completed construction, we will issue a Notice of Apparent Liability unless it can demonstrate that its inability to have completed construction was due to extraordinary and compelling circumstances, such as a new, unanticipated, intervening event. It will be required to fully detail and document the delays it has experienced and must show that it took every reasonable step to prevent such delays.70 99. In the Third DTV Periodic Review NPRM, the Commission recognized that its proposals deemphasize the requirement that stations construct DTV facilities that will not be used for post- transition operations.71 Given the Commission’s ongoing consideration of this matter in the Third DTV Periodic Review NPRM, the two stations denied and admonished that have elected to construct their post- transition DTV facility on a channel that is different than their pre-transition DTV channel (i.e., KECY- _______________________ 68 See 47 C.F.R. § 73.624(d)(3). 69 See Remedial DTV R&O, supra. 70 Id. 71 See Third DTV Periodic Review NPRM, supra at ¶¶ 61, 77 and 78. Federal Communications Commission FCC 07-91 21 DT and WTVA-DT) are provided until 30 days after the effective date of the amendments to Section 73.624(d) adopted in the Report and Order in the Third DTV Periodic Review proceeding to comply with the DTV construction rule. In addition, given the Commission’s ongoing consideration of this matter in the Third DTV Periodic Review NPRM, at this time KECY-DT and WTVA-DT will not be required to comply with the reporting and progress requirements described in paragraph 97. IV. CONCLUSION 100. ACCORDINGLY, IT IS ORDERED That, pursuant to Section 73.624(d)(3)(iii) of the Commission’s Rules, 47 C.F.R. § 73.624(d)(3)(iii), the applications of the licensees of the television stations set forth in Appendix A of this Order for extension of the digital television construction deadline ARE GRANTED and the digital television construction deadline for each such station IS EXTENDED six months from the release date of this Order. 101. IT IS FURTHER ORDERED That, pursuant to Section 73.624(d)(3)(iii) of the Commission’s Rules, 47 C.F.R. § 73.624(d)(3)(iii), the applications of the licensees of the television stations set forth in Appendix B of this Order for extension of the digital television construction deadline ARE GRANTED and the digital television construction deadline for each such station IS EXTENDED until 30 days after the effective date of the amendments to Section 73.624(d) adopted in the Report and Order in the Third DTV Periodic Review proceeding. 102. IT IS FURTHER ORDERED That, pursuant to Section 73.624(d)(3)(iii) of the Commission’s Rules, 47 C.F.R. § 73.624(d)(3)(iii), the applications of the licensees of the television stations set forth in Appendix C of this Order for extension of the digital television construction deadline ARE GRANTED and the digital television construction deadline for each such station IS EXTENDED until February 17, 2009. 103. IT IS FURTHER ORDERED That the applications of the licensees of the television stations set forth in Appendix D of this Order, ARE DENIED. 104. IT IS FURTHER ORDERED That the stations set forth in Appendix E of this Order, ARE ADMONISHED for their continuing failure to comply with their DTV construction obligation, that their applications for extension of its DTV construction deadline ARE DENIED, and that they ARE AFFORDED until the deadlines set forth in Appendix E to bring their stations into compliance with the Commission’s DTV construction rule. 105. IT IS FURTHER ORDERED That KJUD-DT, Juneau, Alaska, must submit a report (in letter form with the Secretary’s office), within 30 days of the release date of this Order, outlining the steps it intends to take to complete construction of its station and the approximate date by which it will reach each of these construction milestones. Sixty days after the initial report, this station must submit a report (once again in letter form with the Secretary’s office), detailing its progress in meeting its proposed construction milestones and justifying any delays it has encountered. Federal Communications Commission FCC 07-91 22 106. IT IS FURTHER ORDERED That the applications for extension of DTV construction permit of KGFE-DT, Grand Forks, North Dakota (File No. BEPCDT-2005718ACP), KMEB-DT, Wailuku, Hawaii (File No. BEPCDT-20050718ACN) and WENY-DT, Elmira, New York (File No. BEPCDT- 20050817ACT) ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Federal Communications Commission FCC 07-91 23 APPENDIX A Stations Granted Additional Six-Month Construction Permit Extensions CALL FAC ID FILE NUMBER CITY ST KAEF-DT 8263 BEPCDT-20070118AED ARCATA CA KAMC-DT 40820 BEPCDT-20060706AFI LUBBOCK TX KAMR-DT 8523 BEPCDT-20060707ABA AMARILLO TX KARD-DT 3658 BEPCDT-20060707AAP WEST MONROE LA KATC-DT 33471 BEPCDT-22070129ANC LAFAYETTE LA KATN-DT 13813 BEPCDT-20050715ACK FAIRBANKS AK KAZH-DT 70492 BEPCDT-20060707AEN BAYTOWN TX KBTV-DT 61214 BEPCDT-20060707AAN PORT ARTHUR TX KCFG-DT 35104 BEPCDT-20060428ADM FLAGSTAFF AZ KCIT-DT 33722 BEPCDT-20060706AFD AMARILLO TX KCNC-DT 47903 BEPCDT-20040301AAW DENVER CO KDMD-DT 25221 BEPCDT-20060707ADO ANCHORAGE AK KEET-DT 55435 BEPEDT-20060707ACE EUREKA CA KFDX-DT 65370 BEPCDT-20060707AAS WITCHITA FALLS TX KGTF-DT 25511 BEPEDT-20050913ADE AGANA GU KHGI-DT 21160 BEPCDT-20060707ADV KEARNEY NE KHMT-DT 47670 BEPCDT-20060706AFK HARDIN MT KJTL-DT 7675 BEPCDT-20060706AFE WICHITA FALLS TX KLBK-DT 3660 BEPCDT-20060707ABB LUBBOCK TX KLDO-DT 51479 BEPCDT-20060911AAR LAREDO TX KLST-DT 31114 BEPCDT-20060707AAQ SAN ANGELO TX KLTJ-DT 24436 BEPCDT-20060518ACP GALVESTON TX KMCC-DT 41237 BEPCDT-20060630ACQ LAUGHLIN NV KMEG-DT 39665 BEPCDT-20060707ABN SIOUX CITY IA KMGH-DT 40875 BEPCDT-20040224ABT DENVER CO KMID-DT 35131 BEPCDT-20060707AAG MIDLAND TX KMTP-DT 43095 BEPEDT-20051021ACI SAN FRANCISCO CA KNLC-DT 48525 BEPCDT-20060630AGF ST. LOUIS MO KODE-DT 18283 BEPCDT-20060706AGF JOPLIN MO KPAZ-DT 67868 BEPCDT-20060630AFY PHOENIX AZ KRBC-DT 306 BEPCDT-20060706AFH ABILENE TX KRCB-DT 57945 BEPCDT-20060703ABD COTATI CA KSAN-DT 307 BEPCDT-20060706AFL SAN ANGELO TX KSBN-DT 67347 BEPCDT-20060607AAI SPRINGDALE AR KSMQ-DT 28510 BEPEDT-20060629AFK AUSTIN MN KSNF-DT 67766 BEPCDT-20060707AAZ JOPLIN MO KSVI-DT 5243 BEPCDT-20060707AAU BILLINGS MT KSWT-DT 33639 BEPCDT-20060707ADR YUMA AZ KTAB-DT 59988 BEPCDT-20060707ABE ABILENE TX KTBY-DT 35655 BEPCDT-20050714AAO ANCHORAGE AK KTDO-DT 36916 BEPCDT-20060707ABH LAS CRUCES NM Federal Communications Commission FCC 07-91 24 KTLN-DT 49153 BEPCDT-20060707AEO NOVATO CA KTNL-DT 60519 BEPCDT-20060707ADS SITKA AK KTRG-DT 55762 BEPCDT-20061003ABK DEL RIO TX KTWO-DT 18286 BEPCDT-20060706ACG CASPER WY KTTW-DT 28521 BEPCDT-20060622AAT SIOUX FALLS SD KTVD-DT 68581 BEPCDT-20040224ABX DENVER CO KTVG-DT 27220 BEPCDT-20060707ADX GRAND ISLAND NE KUBD-DT 60520 BEPCDT-20060707ADZ KETCHIKAN AK KVHP-DT 35852 BEPCDT-20060629AAI LAKE CHARLES LA KVLY-DT 61961 BEPCDT-20041012AHY FARGO ND KVOS-DT 35862 BEPCDT-20061013ABP BELLINGHAM WA KVRR-DT 55372 BEPCDT-20060707ADU FARGO ND KVTN-DT 607 BEPCT-20060703ACN PINE BLUFF AR KWKB-DT 35096 BEPCDT-20060428ACZ IOWA CITY IA KWNB-DT 21162 BEPCDT-20060707ADW HAYES CENTER NE KXGN-DT 24287 BEPCDT-20061208ABA GLENDIVE MT WABW-DT 23917 BEPEDT-20050713AAL PELHAM GA WACS-DT 23930 BEPEDT-20050713AAM DAWSON GA WAOE-DT 52280 BEPCDT-20061211ABA PEORIA IL WATC-DT 13206 BEPEDT-20070321ADK ATLANTA GA WBKB-DT 67048 BEPCDT-20060707ADK ALPENA MI WCES-DT 23937 BEPEDT-20050713AAK WRENS GA WCJB-DT 16993 BEPCDT-20060707AFK GAINESVILLE FL WCLP-DT 23942 BEPEDT-20050713AAJ CHATSWORTH GA WCVI-DT 83304 BEPCDT-20050816AAO CHRISTIANSTED VI WDHN-DT 43846 BEPCDT-20060707AAV DOTHAN AL WDTI-DT 7908 BEPCDT-20060627ACW INDIANAPOLIS IN WMUM-DT 23935 BEPEDT-20050713AAI COCHRAN GA WELU-DT 26602 BEPEDT-20050915ACW AGUADILLA PR WFFF-DT 10132 BEPCDT-20070112AHD BURLINGTON VT WFFT-DT 25040 BEPCDT-20060707AAW FORT WAYNE IN WFXB-DT 9054 BEPCDT-20060629AAF MYRTLE BEACH SC WFXP-DT 19707 BEPCDT-20060706AFC ERIE PA WFXU-DT 22245 BEPCDT-20050915ACI LIVE OAK FL WFXV-DT 43424 BEPCDT-20060707ABC UTICA NY WFXW-DT 65247 BEPCDT-20060706AFM TERRE HAUTE IN WHUT-DT 27772 BEPEDT-20040712AAT WASHINGTON DC WHTV-DT 29706 BEPCDT-20070125ACF JACKSON MI WJSP-DT 23918 BEPEDT-20050713AAG COLUMBUS GA WLFG-DT 37808 BEPCDT-20060629AAB GRUNDY VA WLLA-DT 11033 BEPCDT-20061211AAX KALAMAZOO MI WMTJ-DT 2174 BEPEDT-20050912ACB FAJARDO PR WNBC-DT 47535 BEPCDT-20040927AJV NEW YORK NY WNJU-DT 73333 BEPCDT-20060707ACN LINDEN NJ WNYE-DT 6048 BEPEDT-20061218ACU NEW YORK NY WNMU-DT 4318 BEPEDT-20070126ADJ MARQUETTE MI Federal Communications Commission FCC 07-91 25 WORA-DT 64865 BEPCDT-20061221AAP MAYAGUEZ PR WPAN-DT 31570 BEPCDT-20060619ABJ FORT WALTON BEACH FL WPPB-DT 51349 BEPEDT-20050909AAC BOCA RATON FL WPXS-DT 40861 BEPCDT-20061115AAI MOUNT VERNON IL WQRF-DT 52408 BEPCDT-20060707ABD ROCKFORD IL WRFB-DT 54443 BEPCDT-20070109ABB CAROLINA PR WRJM-DT 62207 BEPCDT-20050815AAB TROY AL WSEE-DT 49711 BEPCDT-20060830AAB ERIE PA WSJU-DT 4077 BEPCDT-20060630AIJ SAN JUAN PR WTCE-DT 29715 BEPEDT-20060810AJS FORT PIERCE FL WTIC-DT 147 BEPCDT-20041124AAK HARTFORD CT WTSF-DT 67798 BEPCDT-20060627ACI ASHLAND KY WTVE-DT 55035 BEPCDT-20060630ABN READING PA WTWB-DT 35385 BEPCDT-20060707AEL LEXINGTON NC WTWO-DT 20426 BEPCDT-20060707AAY TERRE HAUTE IN WVIZ-DT 18753 BEPEDT-20060629AAW CLEVELAND OH WVEO-DT 61573 BEPCDT-20070201BSN AGUADILLA PR WWAZ-DT 60571 BEPCDT-20060707ADP FOND DU LAC WI WYLE-DT 6816 BEPCDT-20050714ACE FLORENCE AL WZMY-DT 14682 BEPCDT-20060630ADX DERRY NH Federal Communications Commission FCC 07-91 26 APPENDIX B Stations Granted Construction Permit Extensions Until 30 Days After the Effective Date of the Amendments of Section 73.624(d) Adopted in the Report and Order in the Third DTV Periodic Review Proceeding CALL FAC ID FILE NUMBER CITY ST KCAL-DT 21422 BEPCDT-20060926ALW LOS ANGELES CA KCAU-DT 11265 BEPCDT-20060630ACC SIOUX CITY IA KFNB-DT 74256 BEPCDT-20060707AFO CASPER WY KGWC-DT 63177 BEPCDT-20060518ACG CASPER WY KJNP-DT 20015 BEPCDT-20060809AHN NORTH POLE AK KLWY-DT 40250 BEPCDT-20060707AFN CHEYENNE WY KOLR-DT 28496 BEPCDT-20060706AFJ SPRINGFIELD MO KQTV-DT 20427 BEPCDT-20060707AAO ST. JOSEPH MO KRMA-DT 14040 BEPCDT-20061206AAJ DENVER CO KTVZ-DT 55907 BEPCDT-20060628ACC BEND OR KUSA-DT 23074 BEPCDT-20040223AOP DENVER CO KVTV-DT 33078 BEPCDT-20060908ACK LAREDO TX WABC-DT 1328 BEPCDT-20041119ACV NEW YORK NY WCFN-DT 42116 BEPCDT-20060707AAT SPRINGFIELD IL WDIO-DT 71338 BEPCDT-20060707AEV DULUTH MN WFXI-DT 37982 BEPCDT-20060706ADW MOREHEAD CITY NC WGGS-DT 9064 BEPCDT-20070321ADL GREENVILLE SC WGNO-DT 72119 BEPCDT-20060123AHD NEW ORLEANS LA WGTV-DT 23948 BEPEDT-20050713AAH ATHENS GA WICU-DT 24970 BEPCDT-20060630ADO ERIE PA WIPR-DT 53859 BEPEDT-20060628ABF SAN JUAN PR WJET-DT 65749 BEPCDT-20060707AAX ERIE PA WLGA-DT 1113 BEPCDT-20060707ADQ OPELIKA AL WMDT-DT 16455 BEPCDT-20060706AAA SALISBURY MD WSTE-DT 60341 BEPCDT-20061115ADJ PONCE PR WVAN-DT 23947 BEPEDT-20050713AAF SAVANNAH GA WVXF-DT 3113 BEPCDT-20050825AAO CHARLOTTE AMALIE VI WXGA-DT 23929 BEPEDT-20050713AAN WAYCROSS GA WYDC-DT 62219 BEPCDT-20060707AEB CORNING NY Federal Communications Commission FCC 07-91 27 APPENDIX C Stations Granted Construction Permit Extensions Until February 17, 2009 CALL FAC ID FILE NUMBER CITY ST KUPT-DT 27431 BEPCDT-20060707ACW HOBBS NM WJZY-DT 73152 BEPCDT-20060707AEJ BELMONT NC WMFE-DT 12855 BEPCDT-20060629AGF ORLANDO FL WMYT-DT 20624 BEPCDT-20060707AEW ROCK HILL SC Federal Communications Commission FCC 07-91 28 APPENDIX D Stations Denied Extensions CALL FAC ID FILE NUMBER CITY ST KCET-DT 13058 BEPEDT-20060123AFG LOS ANGELES CA KICU-DT 34564 BEPCDT-20060630ADP SAN JOSE CA Federal Communications Commission FCC 07-91 29 APPENDIX E Stations Denied Extensions, Admonished for Failure to Timely Construct and Afforded Until 30 Days After the Effective Date of the Amendments of Section 73.624(d) Adopted in the Report and Order in the Third DTV Periodic Review Proceeding To Comply with the DTV Construction Rule CALL FAC ID FILE NUMBER CITY ST KECY-DT 51208 BEPCDT-20060628AAB EL CENTRO CA WTVA-DT 74148 BEPCDT-20050913ABK TUPELO MS Station Denied Extension, Admonished for Failure to Timely Construct and Afforded Six Months To Comply with the DTV Construction Rule CALL FAC ID FILE NUMBER CITY ST KJUD-DT 13814 BEPCDT-20050715ACL JUNEAU AK