Gray Television Licensee, LLC KOLN(TV), Lincoln, Nebraska Request for Further Extension of Silent STA

Gray Television Licensee, LLC KOLN(TV), Lincoln, Nebraska Request for Further Extension of Silent STA Request for Further Extension of Silent STA and Waiver of Section 312(g) Gray Television Licensee, Inc. (“Gray”), licensee of KOLN(TV), Lincoln, Nebraska (FID 7890) (“KOLN”), by its counsel, respectfully requests a waiver of Section 312(g) of the Communications Act of 1934, as amended (“Section 312(g)”)1 to remain silent beyond the 12- month period specified in Section 312(g). On January 18, 2020, KOLN’s 1,500-foot tower near Beaver Crossing, Nebraska collapsed during an ice storm.2 Gray needs to completely rebuild the KOLN tower and technical facility. As a result of the tower collapse, KOLN, which is the market’s CBS network affiliate, has been forced to remain silent.3 KOLN has made efforts to restore service through fiber optic connections to MVPDs, carriage on a commonly owned low-power station, and carriage on the digital multicast channel of another station in the market.4 But KOLN cannot itself transmit an over-the-air broadcast signal until it completes the rebuild of its tower and technical facility. Accordingly, Gray Television requests that the Commission waive the 12-month expiration period specified in Section 312(g) to allow KOLN sufficient time to rebuild its tower and technical facility. Section 312(g) provides that the license of any station that fails to transmit a broadcast signal for any consecutive 12-month period will expire automatically at the end of that period. The Commission has discretion to extend a station license under certain limited circumstances, “or for any other reason to promote equity and fairness” (emphasis added).5 As detailed herein, equity and fairness mandate the extension of KOLN’s license. The collapse of KOLN’s tower resulted in the complete destruction of its technical facility, requiring a complete rebuild prior to resuming operations. To ensure that the complete reconstruction of this station best serves the Lincoln DMA, Gray sought authority to construct the maximum facility permitted by Section 73.622(f)(7) of the Commission’s rules,6 which will allow KOLN to expand its service to underserved portions of the market (“Maximization CP”).7 1 47 USC 312(g). 2 See 10/11 Signal Available to Most Viewers After Tower Collapse, 1011now.com (updated Jan. 21, 2020), https://www.1011now.com/content/news/KOLN-TV-tower-in-Beaver- Crossing-collapses-due-to-ice-storm-567106121.html. 3 See File No. 98791. 4 KOLN is currently providing a signal to all the major MVPDs in the market via fiber. Gray has also arranged for carriage of KOLN’s programming on low power station KCWH (also licensed to Gray) and on a multicast stream of ABC network affiliate KLKN (licensed to KLKN Lincoln License LLC). 5 47 USC 312(g). 6 47 C.F.R. § 73.622(f)(7). 7 See File No. 118570. When originally filed on July 27, 2020, grant of the Maximization CP would have required a waiver of the freeze on the filing and processing of full power television modifications (the “Expansion Freeze”). Although a waiver of the Expansion Freeze was requested, the Maximization CP was not granted until November 27, 2020, when the Expansion Freeze was lifted. Upon grant of the Maximization CP, Gray immediately began efforts to rebuild KOLN. The tower engineering is scheduled to commence immediately in the new year with the manufacture of the tower completed by late April. The antenna and transmitter orders will be submitted in early January with a 90-day construction period. The tower foundation is currently scheduled to be installed in early April (weather permitting). The tower installation will begin in May and is expected to continue until late July, to include installation of the transmission line and antenna. Currently, the station anticipates completing reconstruction of the tower and technical facility by late July-early August. Although its over-the-air signal is silent, KOLN is continuing to serve the public using alternate delivery methods, including direct feeds to multichannel video programming distributors and the distribution of KOLN’s programming on a multicast channel of the local ABC affiliate, KLKN, and on low power television station KCWH-LD. Thus, while not broadcasting pursuant to its license, KOLN is continuing to serve its community with news, information and entertainment programming. For the foregoing reasons, it is equitable and fair that the Commission grant KOLN a waiver of Section 312(g) to allow the station to remain silent for at least an additional six months. .

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