WNAB, Nashville, TN Facility ID 73310
Request for Extension of Special Temporary Authority
Nashville License Holdings, L.L.C. (“NLH”), licensee of WNAB, Nashville, Tennessee, hereby requests an extension of its Special Temporary Authority (“STA”) (FCC File No. 0000115867) as necessary to continue to allow its current ATSC 1.0 multicast programming streams to be hosted on other stations in the Nashville, Tennessee market. Specifically, NLH requests an extension of its STA to broadcast WNAB’s non-primary programming streams (“multicast streams”) in ATSC 1.0 format on WTVF, Nashville, Tennessee. NLH requests that for purposes of enforcement and application of its rules, WNAB be treated as if it is airing the multicast streams over WTVF and be the responsible party under the Act and Commission rules and regulations akin to the manner that the Commission treats ATSC 1.0 primary simulcast streams under the Next Gen TV rules.1 WNAB has modified its license (FCC File No. 0000115868) and the station has (1) commenced ATSC 3.0 operations from WNAB’s current facility and (2) is simulcasting its primary stream (affiliated with the CW network) in ATSC 1.0 format on WKRN, Nashville, Tennessee. WNAB serves as an ATSC 3.0 lighthouse station and transmits ATSC 3.0 programming streams for other in-market stations as well as for itself. To ensure that viewers continue to receive all current WNAB programming in ATSC 1.0, the station transitioned its current primary ATSC 1.0 – 30.3 CW programming to WKRN, which is owned by Nexstar Media Group, Inc. That stream has retained its PSIP 58.1 virtual channel number pursuant to Annex B.1.7 of ATSC A/321:2016 (as incorporated in the Commission’s rules in Section 73.8000).
1 The Commission’s June 22, 2020 Letter to Nashville License Holdings, L.L.C. (granting the Legal STA that NLH now seeks to extend) states that “we encourage licensees to formally seek modification or clarification of the Commission’s existing rules prior to seeking renewal of the instant Legal STA.” NLH notes that on November 9, 2020, the National Association of Broadcasters fulfilled this request on behalf of all broadcasters by filing a Petition for Declaratory Ruling and Petition for Rulemaking requesting the Commission: “(1) clarify that its existing rules permit a station transmitting in ATSC 3.0 to partner with one or more other stations that would host the first station’s simulcasted ATSC 1.0 multicast streams to preserve existing service in the market; and (2) establish rules permitting a station transmitting in ATSC 3.0 to partner with one or more other stations that would host the first station’s ATSC 1.0 multicast streams, regardless of whether those ATSC 1.0 multicast streams are simulcast in ATSC 3.0, and also permit a station transmitting in ATSC 1.0 to partner with one or more other stations to host content transmitted in ATSC 3.0.”
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Because of ATSC 1.0 capacity constraints, WNAB is not able to air its multicast streams on WKRN, its primary ATSC 1.0 simulcast host. Accordingly, in order to minimize the loss of over-the-air programming to its current ATSC 1.0 viewers resulting from the station’s transition to ATSC 3.0, NLH transitioned WNAB’s three secondary/multicast program streams to another station in the market and maintains the PSIP virtual channels for those streams pursuant to Annex B.1.7 of ATSC A/321:2016 (as incorporated in the Commission’s rules in Section 73.8000). Specifically, NLH moved WNAB’s ATSC 1.0 multicast streams – 30.4 Stadium, 30.5 Charge! and 30.6 Dabl – to WTVF, Nashville, Tennessee, which is owned by Scripps Broadcasting Holdings LLC (“Scripps”) pursuant to a written hosting agreement. WTVF accommodates WNAB’s three ATSC 1.0 multicast streams along with WTVF’s existing ATSC 1.0 primary and secondary multicast program streams. For clarity, WNAB’s multicast streams are hosted in 1.0 as follows:
Network RF Channel of Virtual 1.0 Host(s) Channel (No Change) Stadium 36.6 58.2
Charge! 36.7 58.3
Dabl 36.8 58.4
The hosting arrangement with WTVF serves the public interest by enabling over-the-air viewers to continue to have access to WNAB’s multicast streams. Absent the arrangement with WTVF, over-the-air viewers would lose access to WNAB’s multicast streams. Additionally, the arrangement preserves access to those WNAB multicast streams for viewers who are receiving them via MVPDs. Although NLH has agreed to indemnify Scripps from and against all liabilities or claims resulting from or arising out of the programming and advertising broadcast on NLH’s program streams using WTVF’s facilities, NLH is requesting extension of the instant authorization to make clear that NLH will remain responsible for these streams’ compliance with the Communications Act and the Commission’s rules and regulations. To alleviate any viewer
239228206 v2 WNAB, Nashville, TN Facility ID 73310
confusion, the PSIP (virtual) channels for each of WNAB’s program streams has remained unchanged and is identified as being associated with WNAB. In addition, NLH confirms that WNAB does not currently, and does not intend to, rely on its multicast streams for compliance with the Commission’s Children’s Television Programming requirements, as WNAB averages at least three hours per week of core programming on its primary stream. As such, neither WNAB’s compliance with the Commission’s Children’s Television Programming requirements nor viewers’ access to the station’s required core programming will be affected by the proposed changes. To the extent necessary, NLH respectfully requests extension of its STA to continue to broadcast the WNAB ATSC 1.0 multicast streams on a host station as described above. NLH also requests that the virtual channel mapping for the WNAB ATSC 1.0 channel streams as described above appear on the face of any license(s) issued based on the instant application. Extension of this STA will serve the public interest, as it will advance the Commission’s ATSC 3.0 policy goals while preserving WNAB’s ability to air each of its programming streams in the ATSC 1.0 format. It will also make clear that WNAB is an authorized user of a portion of WTVF’s channel and is the party responsible for ensuring compliance with the Communications Act and the Commission’s rules and regulations.
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