ORIGINAL Before the Federal Communications Commission Washington, D.C

, I ORIGINAL Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) F/LED/AbCEPTED Amendment ofSection 73.622(i) ) RM---- Table ofAllotments ) OCT - 9 2008 Digital Television Broadcast Stations ) Federal ~mmunlc~tlons CommiSSIon (Buffalo, New York) ) ce of th~ Secretary i To: Office ofthe Secretary Attn: Chief, Video Services Division PETITION FOR RULEMAKING New York Television, Inc. ("New York TV"), licensee ofWNYO-TV, channel 49 and WNYO-DT, channel 34, Buffalo, New York, by the undersigned attorneys, hereby requests that the Commission initiate a rulemaking proceeding to substitute and allot DTV channel 29 for its assigned DTV channel 34 at Buffalo, New York. 1 As set forth in the attached engineering study ofJohn E. Hidle, P.E. ofCarl t. Jones Corporation, the instant proposal to allot DTV channel 29 to Buffalo, New York canlbe accomplished in complete conformity with all Commission allocation requirements.~ Consequently, WNYO requests the following change in the DTV Table ofAllotments: I Current Proposed Buffalo, New York 14,32,33,34,38,39,*43 14,29,32,33,38,39,1*43 1 The channel 29 DTV allotment reference coordinates are the same as the channel 34 DTV allotment coordinates of the Petitioner's licensed WNYO-DT, Buffalo, New York tower site. ! 2 As noted in the Engineering Statement, WUHF-DT, Rochester, New York, DTV channel 28, is pre¥cted to receive additional new interference of 1.2% from WNYO-DT. The licensees ofWUHF-DT and WNYO-DT are commonly controlled and have entered into an interference agreement, attached hereto, in order to co~ply with the 0.5% post-transition interference criteria. 400956175v1 ;;;;;;CARL T. JONES-,-"" (rn'~~~«~~~«(~~ COKPORATION M\\'::'%WhW_=W, STATEMENT OF JOHN E. HIDLE, P.E. IN SUPPORT OF A PETITION TO AMEND THE POST-TRANSITION DTV TABLE OF ALLOTMENTS WNYO-DT - BUFFALO, NEW YORK DTV - CH. 29 - 200 kW - 329 m HAAT Prepared for: New York Television, Inc. i , I am a Consulting Engineer, an employee in the firm ,of Carl T. Jones 9orporation, I ! , with offices located in Springfield, Virginia. My education and experience are a matter of record with the Federal Communications Commission. I am a Professional Engineer in the Commonwealth of Virginia, License No. 7418, and in the State of New York, License No. 63418. GENERAL This office has been authorized New York Television, Inc., licensee o~ WNYO-TV, channel 49, and WNYO-DT, channel 34, both licensed to Buffalo, New York, to prepare this statement in support of a Petition to Amend the Digital Television ,(DTV) Post Transition Table of Allotments, §73.622(i) of the FCC Rules. The petitioner r7quests that §73.622(i) of the Commission's Rules be modified in the following manner: Present Proposed Buffalo, New York 14,32,33,34,38,39,*43 14,29,32,33,38,39, *43 DTV channel 34 is the channel currently specified in the Post-Transition DTV Table i ofAllotments for WNYO-DT. The petitioner requests herein to substitute DTV channel 29 for DTV channel 34. The proposed arrangement of allotments will permit WNYO-DT to significantly improve its service to the Buffalo DMA, since its current channel 34 facility's coverage is severely limited by the extreme protection required toward a co-channel DTV Carl T. Jones Corporation 7901 Yamwood Court, Springfield, Virginia 22153-2899 (703) 569-7704 Fax: (703) ~69-6417 STATEMENT OF JOHN E. H1DLE, P.E. WNYO-DT - BUFFALO, NEW YORK PAGE 2 allotment located in Peterborough, Ontario, Canada. Although the requested channel 29 is also required to protect Canadian TV facilities, the level of required protection is not i i nearly so severe as that required on channel 34. The license of WNYO-qT therefore requests the Commission to favorably consider its proposal to improve its service to the , I viewers in the Buffalo, New York DMA. An additional benefit accrues as a consequence of the instant proposal. The I WNYO-DT facility as proposed on channel 29 will be able to utilize the existing analog i technical facility of WUTV, including its relatively new directional analog antenna, its existing waveguide and transmitter for WNYO-DT's post-transition digital operation. TECHNICAL STUDY I I I An engineering study of all pertinent allotments, assignments, applications, construction permits and DTV licenses reveals that DTV channel 29 can b\3 allotted to Buffalo, New York as the post-transition DTV facility for petitioner's existing channel 49 analog television broadcast station, WNYO-TV. The allotment reference coordinates for DTV channel 29 at Buffalo, New York are: 43 l' 32 11 N.L.; 7855' 43 11 W.L. 1 The allotment reference site meets the allotment standards in §73.616(b) with respect to the DTV to DTV geographic spacing requirements set forth in §73.623(d), the principal community coverage set forth in §73.625(a), the Class A TV and digital protection requirements set forth in §73.616(f), the land mobile requirements set forth in §73.623(e) and the FM radio protection requirement set forth in §73.623(f). 1 The channel 29 DTV allotment reference coordinates are the same as the DTV channel 34 allotment reference coordinates (as defined in Section 73.622(i) of the FCC Rules) ofthe petitioner's licensed WNYO-DT, Buffalo, New York tower site. (See FCC tower registration number 1019110). Carl T. Jones Corporation 7901 Yamwood Court, Springfield, Virginia 22153-2899 (703) 569-7704 Fax: (703) 569-6417 STATI;MI;NT O~ JOHN \;. l-IIDLE P.I;. WNYO-DT - BUFFALO, NEW YORK PAGE 3 The petitioner proposes to utilize a directional antenna at a centerline height above I mean sea level (AMSL) of 508 meters and above average terrain (HAAT) of'329 meters. i The proposed effective radiated power (ERP) is 200 kW. The proposed directional antenna is WUTV's currently licensed antenna, which shall be re-purposed for post-transition digital I operation byWNYO-DT on channel 29. WUTV-DT will continue its currently licensed digital operation on channel 14, post-transition. ALLOCATION CONSIDERATIONS Post-Transition DTV Considerations A study was performed to determine if the instant petition to amend the post- transition Table ofAllotments is predicted to cause any level of new prohibited :interference i to DTV stations, expansion construction permits or DTV allotments. Results of the study, utilizing the FCC's own application processing software, indicate that the in~tant petition is predicted, except for one DTV station with which an interference agreement has been secured, to cause no unacceptable level (less than 0.5%) of new interference to the populations served by any DTV station, expansion construction permit or allotment. The Longley-Rice study identified two DTV stations that are predicted to be affected by the proposed facility. WUHF-DT, Rochester, NY, channel 28 is predicted to receive additional new interference of 1.2% and WKTV-DT, Utica, NY, channel 29 is predicted to receive additional new interference of 0.4%. The licensees of WNYO-DT and WUHF-DT have executed a mutual interference acceptance agreement, therefore the remaining study results comply with the 0.5% limit for any increase in post-transition interference set forth in §73.616(e) of the Commission's Rules. Carl T. Jones Corporation 7901 Yarnwood Court, Springfield, Virginia 22153-2899 (703) 569-7704 Fax: (703) 569-6417 S11\1EMEN1 Of JOHN Eo H\OLE, P.E. WNYO-DT - BUFFALO, NEW YORK PAGE 4 Class A Television Allocation Considerations As required in Section 73.616(f) of the FCC's Rules, a study was perfqrmed, using I the FCC's application processing software. The study showed that the propoped WNYO- DT facility is located within the coverage contour ofClass A station WBNF-CA,!channeI15, i Buffalo, New York. However, in accordance with §73.616(f)(3), which permits the use of [ I terrain shielding and Longley-Rice prediction methods, the Longley-Rice study states that, I I in regard to WBNF-CA, the "Proposal causes no interference". The petitioner therefore, based on these results, seeks a waiver of §73.616(f) to the extent the Commission might I deem necessary. i I Land Mobile and FM radio Considerations i I, Since the Land Mobile requirements pertain only to channels 14 to 20, and since the FM Radio requirements pertain only to DTV channel 6, these requirements are not pertinent to the instant petition to specify the substitution of channel 29 for channel 34 in Buffalo, New York. International Allotment Considerations As required by international agreements, including the Letter of Understanding (LOU) implemented in September 2000 between Industry Canada and the U.S. Federal Communications Commission, a study was performed according to the principles set forth in the LOU. The results of that study indicate a very smaillikelyhood of interference from the facility proposed in the instant petition to any existing Canadian facility. Carl T. Jones Corporation 7901 Yarn wood Court, Springfield, Virginia 22153-2899 (703) 569-7704 Fax: (703) 569-6417 9TAT~M~NT D~ JDI-lN ~. I-lI()L~, P.~. WNYO-DT - BUFFALO, NEW YORK PAGE 5 SUMMARY It is submitted that the instant Petition to Amend the Post-Transition DTV Table of Allotments to substitute DTV channel 29 for DTV channel 34 in Buffalo, N~w York, as I described herein, including the interference acceptance agreement between the licensees of WUHF-DT and WNYO-DT, complies with the Rules, Regulations and relevant Policies , of the Federal Communications Commission. This statement was prepared by me or , under my direct supervision and its contents are believed to be true and correct to the best i of my knowledge and belief. DATED: October 9,2008 Carl T.

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