Before the Federal Communications Commission Washington, D.C. 20554
) In the Matt~r 0 I' ) Data Sought on Uses of Spectrum ) GN Docket Nos. 09-47, 09-51, 09-137 NBP Public Notice #26 ) )
COMMENTS OF THE WALT DISNEY COMPANY
These comments are submitted on behalfofThe Walt Disney Company and the ABC
Owned Television Stations, which through subsidiaries own ten television stations in the
following markets: New York, Los Angeles, Chicago. Philadelphia, San Francisco. Houston.
Raleigh-Durham. Fresno, Flint, and Toledo. Disney also owns The ABC Television Network
(again. through subsidiaries). These comments are being filed in response to the Broadband
Public Notice seeking comment and data on the "use of spectrum currently licensed to broadcast
television stations."
These comments address a few specific questions raised in the Public Notice, in particular those that ask for detail on how broadcasters arc using spectrum and for detail on data
allocations for lID and SD streams broadcast over one 6 Ml lz spectrum allocation. In April
2009, the ABC Owned Stations Television launched a new programming network, entitled the
Live WelllJD Network, and which is broadcast as a multicast channel by the ABC Owned
Television Stations (covering 24% of the country). The Live Well HD Network consists of
original programming. created exclusively for the Live Well lID Network.
----~-_.- Since launching in April 2009 with six Yz hour programs, Livc Well HD has created over
150 original episodes. Examples ofthe Live Well IlD Network programming include "Motion"
(an outdoor/activity program), "Let's Dish" (an Emmy-nominated cooking show about the joy of healthy cooking), and "Say Ahh... " (a program with expert health advice). Attached to these comments is a detailed description ofthe Live Well lID Network, as well as a DVD with clips of the Live Well programming. I In addition to Live Well HD programming, a number ofthe ABC
Owned Television Stations also air local programming on their second DTV channel. including
local sports (high school and college football. minor league baseball, and high school basketball).
local public affairs. and election results. By way of example, WLS in Chicago will be hosting no
less than six debates betwcen candidates for various offices during next year's primary election
season and will be running them live on its second digital channel.l Based on Nielsen's ratings,
the audience for the ABC Owned Television Station's multicast programming is growing. For
example, in Houston. during the November 2009 sweeps period, morc than of 8% ofhouseholds
tuned into KTRK's second channel. And. in Los Angeles and Chicago, more than 5% of
households tuned into KABC's and Wl.S' second channel. In addition to their programming on
their second digital channel, the ABC Owncd Telcvision Stations also air AccuWeather (SD) as
a third multicast channel.
Turning to the technological questions asked in the Public Notice, the ABC Owned
Television Stations are able to broadcast a second IlD program because they have adopted usc of
I The DVD is attached to the hand-delivered version ofthe filing.
I WLS will be hosting the debates in conjunction with League of Women Voters and the Better Government Association and the featured offices will be United States Senator, Illinois Governor and Cook County Council President. Because these arc primary debates, the Republican and Democratic Panics will each have one debate per office. See Radio Business Rep0l1 (Dec. 21, 2009, Volume 26. Issue #246). ATSC encoding systems that employ Statistical Multiplexing. The Statistical Multiplexing algorithm analyses the complexity of pictures in all of the channels and allocates bits across all
01' program channels based on priorities assigned to each channel, taking bits from less complex pictures on Live Well HD and AccuWeather and making them available to the ABC Network program if required, and vice versa. The stations also carefully manage against having more than one channel's programming containing complex video at any single instance. For example, the stations generally do not schedule sports broadcasts on the main channel against a sports broadcast on the Live Well I-ID channel.
On a broader policy level, the Public Notice seeks comment on the impact to "public welfare" if the coverage or over-the-air broadcasting is diminished. In the view ofthe ABC
Owned Stations, the impact on the public welfare would be substantial. The ABC Owned
Television Stations' recent experience during the DTY transition is illustrative on this point.
During the transition from analog to digital television, the ABC Owned Television Stations developed an even closer relationship with their viewers than they previously had. This is
because the ABC Owned Television Stations conducted massive public awareness campaigns
prior to the transition, ineluding holding their own and attending many town hall meetings and
participating in and conducting their own phone banks. After the transition date, the stafrs ofthe
ABC Owned Television Stations dealt with viewers one-by-one as the Stations responded to the thousands of phone calls to the stations complaining that viewers could no longer receive the
programming on which they had come to rely. From this experience, it became evident that
there is an important (and vocal) segment orthe population that still depends on over-thc-air
reception. Nielsen's latest numbers indicate that the number of over-the-air viewers is significant.
According to Nielsen, as of November 2009, there are approximately 11.3 million over-the-air only households in the United States and 2.3 million ovcr-thc-air-only houscholds in the seven largest markets in which the ABC Owned Television Stations operatc. Although many orthese households may not currently own a high-delinition television set, these over-the-air viewers can already enjoy multicast broadcasts. And, as the price of high definition television sets declines rapidly, these viewers may soon bc able to enjoy full high-definition vicwing as well. Ifthe FCC wcre to reduce the amount of spcctrum devoted to over-the-air digital broadcasts, these viewers would be disenlranchised rrom the lUll benefits ofdigital television.
The ABC Owned Television Stations continue to expend substantial resources to improve their digital transmission facilitics so that they can reach all their former analog viewers. For example, in Chicago, WLS is in the process of an expensive and complicated phased transition
Irom broadcasting on channel 7 to broadcasting on channel 45, in order to bctter reach its lormcr analog over-the-air viewcrs. In other markets. the ABC Owned Television Stations similarly havc expcnded rcsources to enter into coopcrative arrangements with neighboring broadcasters so that the stations can better reach their formcr analog viewers. The ABC Owncd Television
Stations rcmain committed to serving their over-the-air viewers with all thc benelits of their digital broadcast signals and respectfully submit that over-the-viewers should continue 10 have available to them the full benefits orthe digital television transition. Therefore, Disncy and the
ABC Owned Telcvision Stations strongly rccommend that the National Broadband Plan refrain lrom recommcnding any television broadcast spcctrum reduction or reallocation.
Respectfully submitted. /s/ Susan L. Fox Vice President, Government Relations The Walt Disney Company 425 3rd Street, Southwest, Suite 1100 Washington, D.C. 20024 (202) 222-4700
December 22, 2009
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Those more Geek-inclined will want to hear about the latest gadgets and gizmos coming online while the soccer mom can find out how technology can help her with the kid's homework and get her out ofthe grocery store faster. Fashion, Entertainment, Business, Medicine, Shopping, Sports, Aging, Cooking, TraveL. you name it and Gotta Know will shed the spotlight on all the new gadgets, programs, applications and products that impact our everyday lives. We'll have interactive chats via skype, demos, interviews and a taste of technology's wackier side with some off the wall inventions that are sure to be the talk around the water-cooler. 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