Technical Summary – Loss Area Analysis KPXM-TV St. Cloud, Minnesota Channel 16 470kW 289.4 m (HAAT) Due to the unavailability of its current tower site for post-repack operations, KPXM-TV St. Cloud, Minnesota proposes to relocate transmitter approximately 15 miles to the southeast and operate on channel 16 with a directional ERP of 470kW (File Number – 0000041060). In doing so the station has to utilize a different type of antenna with a wide cardioid directional pattern to continue servicing the vast majority of its viewers in the Minneapolis market. The lower ERP was necessary to prevent excessive interference to the southeast. This results in a noise-limited service contour (NLSC) loss area created by the proposed KPXM-TV channel 16 operation.1 Analyses were conducted to determine the service counts over the created loss area when comparing the current channel 40 licensed operation to the proposed channel 16 application.2 The attached Figure 1 shows KPXM-TV’s proposed predicted noise limited service contour (in aqua) and the current predicted noise limited service contour (in blue) using the Commission’s standard 50/90 curves. Under this analysis the total size of the KPXM-TV loss area would be 102,781 persons over an area of 7,807 sq. km. KPXM-TV also would have a small gain area to the east and southeast of the transmitter of 6,250 persons and 369.58 sq. km. Thus, under the Commission’s traditional counter prediction methodology, KPXM-TV will have a net loss area of 96,531 persons and 7,437.4 km. KPXM-TV currently provides an over-the-air signal to 3,607,234 persons in its service area, so the predicted service loss using 50/90 curves amounts to a loss of over-the-air service to approximately 2.7% of KPXM-TV’s service population. Figure 1 also depicts KPXM-TV’s predicted 41 dBu service contour using the Longley-Rice propagation model. Longley-Rice analysis shows that KPXM-TV will continue to serve the majority of the loss-area predicted by the Commission’s standard 1 The loss area analyses herein compare ION’s proposed service to its existing service on Channel 40. Because ION’s initial post-auction channel assignment replicated exactly ION’s Channel 40 operations, the loss areas described herein are the same when compared to KPXM-TV post-auction facilities assignment. 2 All studies and calculations were generated using the V-Soft Communications software, Probe 4 ver. 4.94a with a FCC database dated 04/18/2018. All household and population count information was generated using the 2010 US Census database. Coverage studies utiltized the Longley-Rice Propagation Modeling algorithms with industry accepted standard parameters. Analyses were perfomed using the dipole adjusted noise limited service contours (NLSC) for their respective RF channels. FCC NLSC contours were plotted on each map using the standard FCC 50/90 Propogation Curves. 1 methodology. According to the Longley-Rice analysis, 33,275 persons will lose service from KPXM-TV, creating a net loss in service of 27,025 persons, or approximately 0.7% of KPXM-TV’s current service population. ION next analyzed the number of services that will remain available to viewers in the predicted loss area. Figure 2 shows the number of stations predicted to serve the areas within the loss area using the Commission’s standard prediction methodology. While the Commission’s 50/90 curves predict that much of the loss area will remain well- served by five or more over-the-air full-power television stations, this methodology indicates that several areas will be served by between 1 and 4 stations. The total population in these areas is 77,920, or approximately 2.1% of KPXM-TV’s existing service population. Applying Longley-Rice methodology to the signals of all relevant stations in the market (other than KPXM-TV) significantly shrinks the area receiving service from fewer than five full-power stations. Figure 3 depicts the number of stations predicted to serve the loss area, showing only a small portion of the loss area to the northwest of the transmitter that will be served by either 3 or 4 stations. The total population in this area is 33,757 persons or approximately 0.9% of the viewers currently served by KPXM-TV. As demonstrated by Figure 4, KPXM-TV will continue to serve much of this area, reducing to 19,546 the number of persons who (a) will not be served by KPXM-TV; and (b) will not receive five or more other over-the-air signals. This represents just 0.5% of the service population of KPXM-TV’s current Channel 40 operations. By any measure, the loss area proposed by ION is well within the 5% tolerance the Commission adopted for initial post-auction construction permit applications that propose to serve fewer viewers than their pre-auction or initially allotted post-auction facilities.3 Although the instant amendment was not filed within the ninety (90) day filing period for initial applications eligible for expedited processing, the Commission has never said that a higher standard would be applied to amendments to initial construction permit applications. Accordingly, ION submits that the loss area showing provided herein is not required by the rules and that the instant amendment should be granted without examination of KPXM-TV’s service loss area. Even assuming, however, that the Commission has any ground for requiring KPXM-TV to make a loss area showing, the instant amendment is in the public interest and should be granted. First, the requested tower site change is necessary for KPXM-TV to continue serving the vast majority of its pre-auction service population. ION’s pre- 3 See Incentive Aucrtion Task Force and Media Bureau Announce Procedures for the Post-Incentive Auction Broadcast Transition, Public Notice, 32 FCC Rcd 858 (2017); 47 CFR § 73.3700(b)(1)(v)(A)-(C). Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, Report and Order, 29 FCC Rcd 6567, 6792 para. 551 (2014), aff'd, Nat’l Assoc. of Broadcasters, et al v. FCC, 789 F.3d 165 (D.C. Cir. 2015). 2 auction tower site is unavailable for post-auction operations, and the current proposal is ION’s best solution to maintaining service to its viewers. Second, the proposed loss area is extremely small – only one-tenth of what the Commission was willing to approve in initial filing period. Rejecting this amendment due to a loss area when the Commission would have accepted a ten times larger loss area only a few weeks before would be arbitrary and capricious. Third, ION is pursuing this amendment in conjunction with a phase change waiver that will allow it to vacate its channel early to permit T-Mobile to commence wireless service on ION’s vacated spectrum.4 If the instant amendment is not granted, ION’s transition to Channel 16 operations will be delayed and enhanced wireless service to the Minneapolis area may likewise be delayed. Fourth, as a practical matter, very few (if any) viewers are likely to lose access to the programming available of KPXM-TV. ION network programming will remain available on area cable and satellite providers throughout the loss area, and the majority of viewers in the loss area likely subscribe to such services. Finally, the loss area proposed herein is much smaller than those accepted in previous cases involving transition issues like those presented here.5 For the foregoing reasons, KPXM-TV requests prompt grant of the pending amedmendment. 4 See Letter from Barbara Kreisman, Chief, Video Division, to Michael S. Hubner, ION Media Networks, Inc., LMS File No. 0000042731, dated March 23, 2018 (approving commencement of operations on or before June 1, 2018). 5 See Letter from W. Kenneth Ferree, Chief, Media Bureau, to KNTV License, Inc., et al., DA 04-2523, released Aug. 13, 2004. 3 Figure 1 Figure 2 Tabulation of other NLSC Services Available to KPXM Loss Areas Call Sign Channel Community of License ST KSAX-D 42 Alexandria MN KWCM-TV 10 Appleton MN KAWE-D 9 Bemidji MN KCCW-TV 12 Walker MN KFTC-D 26 Bemidji MN KAWB-D 28 Brainerd MN KDLH-D 33 Duluth MN KBJR-TV 19 Superior WI WDSE-D 8 Duluth MN WDIO-DT 10 Duluth MN KQDS-TV 17 Duluth MN KCWV-D 27 Duluth MN KRII-D 11 Chisholm MN WIRT-DT 13 Hibbing MN WRPT-D 31 Hibbing MN KEYC-TV 12 Mankato MN KRWF-D 27 Redwood Falls MN KTCA-TV 34 St. Paul MN WCCO-TV 32 Minneapolis MN KSTP-TV 35 St. Paul MN KMSP-TV 9 Minneapolis MN KARE-D 11 Minneapolis MN KTCI-TV 23 St. Paul MN WUCW-D 22 Minneapolis MN WFTC-D 29 Minneapolis MN KSTC-TV 45 Minneapolis MN KIMT-D 42 Mason City IA KAAL-D 36 Austin MN KTTC-D 10 Rochester MN KSMQ-TV 20 Austin MN KXLT-TV 46 Rochester MN KSMN-D 15 Worthington MN KBRR-D 10 Thief River Falls MN KCGE-DT 16 Crookston MN Figure 3 Tabulation of other NLSC Services Available to KPXM Loss Areas Call Sign Channel Community of License ST KSAX-D 42 Alexandria MN KWCM-TV 10 Appleton MN KAWE-D 9 Bemidji MN KCCW-TV 12 Walker MN KFTC-D 26 Bemidji MN KAWB-D 28 Brainerd MN KDLH-D 33 Duluth MN KBJR-TV 19 Superior WI WDSE-D 8 Duluth MN WDIO-DT 10 Duluth MN KQDS-TV 17 Duluth MN KCWV-D 27 Duluth MN KRII-D 11 Chisholm MN WIRT-DT 13 Hibbing MN WRPT-D 31 Hibbing MN KEYC-TV 12 Mankato MN KRWF-D 27 Redwood Falls MN KTCA-TV 34 St.