Before the Federal Communications Commission Washington, DC 20554

In the Matter of ) ) Advanced Television Systems ) MB Docket No. 87-268 and Their Impact upon the ) Existing Television Broadcast ) Service )

Comments and Waiver Request of Corridor Television LLP Licensee of KCWX, Fredericksburg, Texas To Change Its TCD From Channel 5 to Channel 8

James A. Stenger Thelen Reid Brown Raysman & Steiner LLP 701 Eighth Street, N.W. Washington, D.C. 20001 (202) 508-4308

Its Counsel

Dated: January 9, 2007

DC #261650 v1

TABLE OF CONTENTS Page

I. Corridor Requests A Waiver to Change The TCD Of KCWX From Channel 5 To Channel 8 With Full Replication Of Its Facilities...... 1

II. The Standard For Consideration Of The Corridor Waiver Request...... 2

III. Channel 8 Would Better Serve The Public Interest As The TCD For KCWX...... 3

A. KCWX Is A Singleton, In-Band Station In A Rural Area That Would Be Better Served By Channel 8...... 3

B. A Waiver To Operate On Channel 8 Would Make More Efficient Use Of the Spectrum Based Upon The Commission’s Channel Study...... 4

C. Assignment Of Channel 8 Meets The 2.0 Percent Standard That Has Been Applied To Similarly Situated Stations...... 5

D. The Total Interference To The Adjacent Channel Stations Would In Each Case Be Well Below 10 Percent And Consent Agreements, If Obtained, Could Be Granted...... 6

IV. Conclusion...... 7

EXHIBIT A - FCC Channel Study for KCWX

Before the Federal Communications Commission Washington, DC 20554

In the Matter of ) ) Advanced Television Systems ) MB Docket No. 87-268 and Their Impact upon the ) Existing Television Broadcast ) Service )

Comments and Waiver Request of Corridor Television LLP Licensee of KCWX, Fredericksburg, Texas To Change Its TCD From Channel 5 to Channel 8

Corridor Television LLP (“Corridor”), licensee of television station KCWX, analog

Channel 2, Facility Id. 24316, Fredericksburg, Texas, through its undersigned counsel, hereby

files its Comments and Waiver Request in response to the Seventh Further Notice of Proposed

Rule Making (“NPRM”), and in support hereof respectfully shows as follows:

I. Corridor Requests A Waiver to Change The TCD Of KCWX From Channel 5 To Channel 8 With Full Replication Of Its Facilities.

Under the Proposed DTV Table of Allotments, Corridor has been assigned a tentative

channel designation (“TCD”) for DTV operation on Channel 5.1 Corridor requested Channel 8 but after discussions with the Staff was assigned Channel 5 pending issuance of the NPRM and an opportunity to file comments and a waiver request.

Corridor hereby requests allotment of Channel 8 without having to reduce power and with full replication of it facilities. Corridor recognizes that the allotment of Channel 8 to

KCWX would require a waiver of the 0.1 percent rule. For the reasons stated herein, Corridor submits that grant of a waiver and change in the TCD for KCWX from Channel 5 to Channel 8 is

1 NPRM, Appendix B, FCC 06-150, page 101.

consistent with the policies and standards set forth in the NPRM. In addition, Corridor will seek

to obtain the consent of the adjacent channel stations.

II. The Standard For Consideration Of The Corridor Waiver Request.

According to the NPRM, the applicable standard for consideration of the Corridor waiver

request to change the TCD of KCWX from Channel 5 to Channel 8 is whether “doing so would

promote our overall spectrum efficiency objectives and ensure the best possible service to the

public, including service to local communities.” The NPRM explains:

We will continue to limit additional interference to DTV stations to 0.1 percent during this seventh and final stage of the DTV channel election process. Any request for an alternative channel assignment that causes excess interference must be accompanied by a request for a waiver of the 0.1 percent limit or the signed written consent of the affected licensee. We propose to grant waivers of the 0.1 percent limit where doing so would promote our overall spectrum efficiency objectives and ensure the best possible service to the public, including service to local communities.2

Consistent with this standard, Corridor demonstrates herein that a grant of its request to change

the TCD of KCWX to Channel 8 will promote the overall spectrum efficiency objectives of the

Commission and result in the best possible service to the public, including the affected local

communities. In addition, Corridor is serving these comments and waiver request on the adjacent channel stations and will seek to obtain their consent.

The NPRM further explains that the Commission has the discretion to waive the 0.1 percent limit where doing so would serve the public interest under the particular facts and circumstances:

It is well settled that the Commission has discretion to waive a rule where “particular facts would make strict compliance with the rule inconsistent with the public interest” and “special circumstances warrant a deviation from the general rule.” See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969).3

2 NPRM, para. 26 (footnote omitted). 3 NPRM, Note 58.

The particular facts and circumstances of KCWX indicate that the public interest would be better served by a TCD on Channel 8.

III. Channel 8 Would Better Serve The Public Interest As The TCD For KCWX.

The public interest would be served by the grant of a waiver in this case due to the location of KCWX in a rural area with significant over-the-air viewing. Use of Channel 8 rather than Channel 5 would contribute to clearing the lower VHF band so that it could be used for other purposes. The potential interference to the adjacent channel stations is well-below 2.0 percent and is well-within the range of other waiver grants. In addition, Corridor will continue to seek the consent of the adjacent channel stations.

A. KCWX Is A Singleton, In-Band Station In A Rural Area That Would Be Better Served By Channel 8.

KCWX is a new station that was first licensed on November 14, 2000, and is a singleton with an in-core NTSC channel, but that channel happens to be Channel 2, the lowest possible

VHF in-core channel. KCWX is licensed to Fredericksburg, Texas, a small community located in the Hill Country of Texas. The Hill Country is an area of scenic beauty that is rural in nature with a number of small communities disbursed throughout the area. Due to the rural nature of this area, Corridor anticipates that a higher percentage of its viewers will receive the KCWX signal over-the-air than would be anticipated in the case of stations serving urban areas with cable television systems.

As the Commission is aware, many stations have chosen to vacate the lower VHF band because of the impulse noise effect that may cause reception difficulties for over-the-air viewers in weak signal areas. Corridor estimates that as many as 75 percent of its viewers are located in weak signal areas and may suffer reception difficulties due to impulse noise effects. As the

Commission is aware, DTV signals, unlike analog signals, suffer from a “cliff effect” where the

entire signal may be lost, rather than merely degraded, due to interference. Over-the-air viewers

in rural areas who depend on weak television signals would be better served by a waiver for

Corridor to use Channel 8 rather than Channel 5.

In addition, the economics of operating a television station serving a rural area are such

that the public interest would be better served by an assignment of a high VHF channel, such as

Channel 8, rather than a UHF band channel. In order to reduce the operating costs of the station, improve its viability and allow it to devote more resources to programming, assignment of a high

VHF channel rather than a UHF channel would better serve the public interest given the rural location of this station.

Accordingly, because of the location of KCWX in a rural area of Texas, Corridor believes that both its original, singleton in-band channel (Channel 2) and its current TCD

(Channel 5) do not serve the public interest as well as Channel 8 would and, therefore, a waiver to operate on Channel 8 would significantly improve Corridor’s ability to serve the public within its assigned viewing areas and should be granted.

B. A Waiver To Operate On Channel 8 Would Make More Efficient Use Of the Spectrum Based Upon The Commission’s Channel Study.

A copy of the Commission’s DTV channel study for KCWX is attached hereto as Exhibit

A (“the Study”). The Study shows that a TCD for KCWX of Channel 8 rather than Channel 5 would make more efficient use of the available spectrum and would better serve the public interest.

The location of KCWX in Fredericksburg, Texas places the station at one point of a triangle where the other two points are San Antonio and Austin, Texas. The selection of

Channel 8 by Corridor in the third round election caused the Staff to review the impact of the

proposed channel on the TCD’s of two adjacent channel stations, KTBC, Channel 7 in Austin

and KLRN, Channel 9 in San Antonio.

According to the Study, the selection of Channel 8 would cause 0.76 percent interference

to Channel 7 and 0.47 percent interference to Channel 9. As a result, the Staff concluded that the

selection of Channel 8 would not comply with the 0.1 percent limit and directed Corridor to pick an alternative TCD, pending issuance of the NPRM and the opportunity to file comments and a waiver request. Review of the study indicates that the benefits of assigning Channel 8 to KCWX outweigh the potential harms and would better serve the public interest than would the assignment of Channel 5.

Although the use of Channel 8 would cause potential interference to Channels 7 and 9 of

0.76 percent and 0.47 percent, respectively, the potential harm of such theoretical interference would be outweighed by the benefits of making more efficient use of the available spectrum.

Use of Channel 8 rather than Channel 5 would clear the lower VHF band and allow the future use of that band for other services. In addition, the selection of Channel 8 would maximize the use of the high VHF channels in this area of Texas where over-the-air viewing is more prevalent such that assignment of high VHF channels would better serve the public interest.

C. Assignment Of Channel 8 Meets The 2.0 Percent Standard That Has Been Applied To Similarly Situated Stations.

Analysis of Channel 8 for KCWX shows that potential interference to Channels 7 and 9, while greater than 0.1 percent, is well below 2.0 percent.4 In fact it would involve less than 1

percent interference to Channel 7 and less than one half of one percent interference to Channel 9.

The Commission has granted a number of TCDs to stations with interference levels below 2.0

4 See Study, page 1 of Exhibit A hereto.

percent.5 The Commission permitted stations with an out-of-core DTV channel or no DTV

channel to select their in core NTSC channel using a 2.0 percent standard without need to request

a waiver of the 0.1 percent limit:

In developing the proposed DTV Table, the staff allowed stations that were eligible to participate in the channel election process and that had either an out-of-core DTV channel or no DTV channel (i.e., a singleton with only an in-core analog channel) to select their in-core NTSC channel for post-transition DTV operation if it would cause no more than 2.0 percent new interference to a protected DTV station. Any such stations that certified to their maximized facilities, however, would be permitted to use the 2.0 percent standard only to the extent that the predicted new interference also would not exceed the amount of interference that would have been caused by replication facilities.6

In this case, the selection of the existing, in-core singleton channel for KCWX would have

placed KCWX on Channel 2. Selection of Channel 8 as the TCD for KCWX is consistent with

the 2.0 percent standard that has been applied to singletons such as KCWX.

The existing TCD of channel 5 moves KCWX higher into the VHF band but still would

place KCWX on a low VHF channel. A change in the TCD channel designation to Channel 8

would remove KCWX from the low VHF band yet cause less than 1 percent interference to

Channel 7 and less than one half of one percent interference to Channel 9. Thus, a change in the

TCD of KCWX from Channel 5 in the low VHF band to Channel 8 in the upper VHF band would serve the public interest as it would improve the performance characteristics of KCWX, help to free up the lower VHF band for other potential uses, and still be well-below the 2.0 percent standard that has been applied to other similarly situated stations.

D. The Total Interference To The Adjacent Channel Stations Would In Each Case Be Well Below 10 Percent And Consent Agreements, If Obtained, Could Be Granted.

The Study also shows that an assignment of Channel 8 as the TCD for KCWX would result in total interference from all sources after the DTV transition of 2.98 percent for Channel

5 See “FCC Post-Transition DTV Allocations” by Doug Lung, TV Technology Magazine, December 6, 2006. 6 NPRM, para. 22 (footnote omitted).

7 and 0.85 percent for Channel 9. These figures are well below the 10 percent threshold for approval of interference agreements. Thus, should KCWX be able to reach agreement with these stations, the agreement should be approved by the Commission.

IV. Conclusion.

Wherefore, for the foregoing reasons, Corridor respectfully requests that its waiver request be granted and the TCD for KCWX, Fredericksburg, Texas be changed to Channel 8.

Respectfully submitted,

Corridor Television LLP

/s/ James A. Stenger Thelen Reid Brown Raysman & Steiner LLP 701 Eighth Street, N.W. Washington, D.C. 20001 (202) 508-4308

Its Counsel Dated: January 9, 2007

EXHIBIT A

FCC CHANNEL STUDY FOR KCWX

KCWX____analysis.txt

Analysis of 02 KCWX FREDERICKSBURG TX: No affected station. --> KCWX 02, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 03 KCWX FREDERICKSBURG TX: No affected station. --> KCWX 03, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 04 KCWX FREDERICKSBURG TX: No affected station. --> KCWX 04, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 05 KCWX FREDERICKSBURG TX: Protected Round1 05 KPXB - Less than 0.15% inteference. --> KCWX 05, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 06 KCWX FREDERICKSBURG TX: Tentative Channel 07 KTBC - Less than 0.15% inteference. --> KCWX 06, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 07 KCWX FREDERICKSBURG TX: Tentative Channel 07 KLTV - Less than 0.15% inteference. Tentative Channel 07 KOSA-TV - Less than 0.15% inteference. Tentative Channel 07 KTBC - Base line: 1786978, new ix: 443359 24.81% IX free: 1835722, NTSC&DTV IX: 492103(26.81%), DTV IX: 491984(26.80%) --> KCWX 07, # stations = 1, Min = 443359(24.81%), Max = 443359(24.81%)

Analysis of 08 KCWX FREDERICKSBURG TX: Tentative Channel 07 KTBC - Base line: 1786978, new ix: 13506 0.76% IX free: 1835722, NTSC&DTV IX: 62250( 3.39%), DTV IX: 54793( 2.98%) Tentative Channel 08 KIII - Less than 0.15% inteference. Tentative Channel 08 WFAA-TV - Less than 0.15% inteference. Tentative Channel 08 KUHT - Less than 0.15% inteference. Tentative Channel 08 KGNS-TV - Less than 0.15% inteference. Tentative Channel 09 KLRN - Base line: 1787459, new ix: 8332 0.47% IX free: 1794443, NTSC&DTV IX: 15316( 0.85%), DTV IX: 15310( 0.85%) Tentative Channel 09 KCEN-TV - Less than 0.15% inteference. --> KCWX 08, # stations = 2, Min = 8332( 0.47%), Max = 13506( 0.76%)

Analysis of 09 KCWX FREDERICKSBURG TX: Tentative Channel 09 KLRN - Base line: 1787459, new ix: 214349 11.99% IX free: 1794443, NTSC&DTV IX: 221333(12.33%), DTV IX: 221333(12.33%) Tentative Channel 09 KCEN-TV - Base line: 1169368, new ix: 272633 23.31% IX free: 1357183, NTSC&DTV IX: 460448(33.93%), DTV IX: 459874(33.88%) Tentative Channel 09 KTRE - Less than 0.15% inteference. Tentative Channel 09 KFWD - Less than 0.15% inteference. Tentative Channel 10 KWTX-TV - Base line: 1155732, new ix: 1834 0.16% IX free: 1177786, NTSC&DTV IX: 23888( 2.03%), DTV IX: 16777( 1.42%) --> KCWX 09, # stations = 3, Min = 1834( 0.16%), Max = 272633(23.31%)

Analysis of 10 KCWX FREDERICKSBURG TX: Tentative Channel 09 KLRN - Base line: 1787459, new ix: 9877 0.55% IX free: 1794443, NTSC&DTV IX: 16861( 0.94%), DTV IX: 16855( 0.94%) Tentative Channel 09 KCEN-TV - Less than 0.15% inteference. Tentative Channel 10 KZTV - Base line: 539630, new ix: 2542 0.47% IX free: 539706, NTSC&DTV IX: 2618( 0.49%), DTV IX: 2618( 0.49%) Tentative Channel 10 KWTX-TV - Base line: 1155732, new ix: 322767 27.93% IX free: 1177786, NTSC&DTV IX: 344821(29.28%), DTV IX: 343390(29.16%) Tentative Channel 11 KLST - Less than 0.15% inteference. Tentative Channel 11 KVCT - Less than 0.15% inteference. --> KCWX 10, # stations = 3, Min = 2542( 0.47%), Max = 322767(27.93%)

Analysis of 11 KCWX FREDERICKSBURG TX:

Page 1

KCWX____analysis.txt

Tentative Channel 10 KWTX-TV - Base line: 1155732, new ix: 2159 0.19% IX free: 1177786, NTSC&DTV IX: 24213( 2.06%), DTV IX: 17102( 1.45%) Tentative Channel 11 KHOU-TV - Less than 0.15% inteference. Tentative Channel 11 KLST - Base line: 163461, new ix: 2238 1.37% IX free: 166827, NTSC&DTV IX: 5604( 3.36%), DTV IX: 5242( 3.14%) Tentative Channel 11 KVCT - Base line: 256108, new ix: 21194 8.28% IX free: 295877, NTSC&DTV IX: 60963(20.60%), DTV IX: 60929(20.59%) Tentative Channel 11 KTVT - Less than 0.15% inteference. Tentative Channel 12 KSAT-TV - Base line: 1888684, new ix: 7850 0.42% IX free: 1902072, NTSC&DTV IX: 21238( 1.12%), DTV IX: 21238( 1.12%) Tentative Channel 12 KAMU-TV - Less than 0.15% inteference. --> KCWX 11, # stations = 4, Min = 2159( 0.19%), Max = 21194( 8.28%)

Analysis of 12 KCWX FREDERICKSBURG TX: Tentative Channel 11 KLST - Less than 0.15% inteference. Tentative Channel 11 KVCT - Less than 0.15% inteference. Tentative Channel 12 KSAT-TV - Base line: 1888684, new ix: 202659 10.73% IX free: 1902072, NTSC&DTV IX: 216047(11.36%), DTV IX: 216047(11.36%) Tentative Channel 12 KAMU-TV - Base line: 274996, new ix: 9777 3.56% IX free: 292692, NTSC&DTV IX: 27473( 9.39%), DTV IX: 27316( 9.33%) Tentative Channel 13 KAKW-TV - Base line: 1753980, new ix: 24993 1.42% IX free: 1851760, NTSC&DTV IX: 122773( 6.63%), DTV IX: 57448( 3.10%) --> KCWX 12, # stations = 3, Min = 9777( 1.42%), Max = 202659(10.73%)

Analysis of 13 KCWX FREDERICKSBURG TX: Tentative Channel 12 KSAT-TV - Base line: 1888684, new ix: 8854 0.47% IX free: 1902072, NTSC&DTV IX: 22242( 1.17%), DTV IX: 22242( 1.17%) Tentative Channel 12 KAMU-TV - Less than 0.15% inteference. Tentative Channel 13 KTRK-TV - Less than 0.15% inteference. Tentative Channel 13 KRIS-TV - Less than 0.15% inteference. Tentative Channel 13 KAKW-TV - Base line: 1753980, new ix: 195369 11.14% IX free: 1851760, NTSC&DTV IX: 293149(15.83%), DTV IX: 288487(15.58%) Tentative Channel 13 KVTV - Less than 0.15% inteference. --> KCWX 13, # stations = 2, Min = 8854( 0.47%), Max = 195369(11.14%)

Analysis of 14 KCWX FREDERICKSBURG TX: Tentative Channel 13 KAKW-TV - Less than 0.15% inteference. Tentative Channel 14 KERA-TV - Base line: 5458432, new ix: 13954 0.26% IX free: 5462690, NTSC&DTV IX: 18212( 0.33%), DTV IX: 15747( 0.29%) Tentative Channel 15 KAVU-TV - Less than 0.15% inteference. --> KCWX 14, # stations = 1, Min = 13954( 0.26%), Max = 13954( 0.26%)

Analysis of 15 KCWX FREDERICKSBURG TX: Tentative Channel 15 KXVA - Base line: 214165, new ix: 11888 5.55% IX free: 220527, NTSC&DTV IX: 18250( 8.28%), DTV IX: 18250( 8.28%) Tentative Channel 15 KAVU-TV - Base line: 310029, new ix: 20063 6.47% IX free: 316385, NTSC&DTV IX: 26419( 8.35%), DTV IX: 26419( 8.35%) Tentative Channel 16 KSAN-TV - Less than 0.15% inteference. Tentative Channel 16 KHCE-TV - Base line: 1826054, new ix: 13470 0.74% IX free: 1833984, NTSC&DTV IX: 21400( 1.17%), DTV IX: 17797( 0.97%) --> KCWX 15, # stations = 3, Min = 11888( 0.74%), Max = 20063( 6.47%)

Analysis of 16 KCWX FREDERICKSBURG TX: Tentative Channel 15 KAVU-TV - Less than 0.15% inteference. Tentative Channel 16 KSAN-TV - Base line: 131788, new ix: 239 0.18% IX free: 131855, NTSC&DTV IX: 306( 0.23%), DTV IX: 299( 0.23%) Tentative Channel 16 KHCE-TV - Base line: 1826054, new ix: 196859 10.78% IX free: 1833984, NTSC&DTV IX: 204789(11.17%), DTV IX: 204009(11.12%) --> KCWX 16, # stations = 2, Min = 239( 0.18%), Max = 196859(10.78%)

Analysis of 17 KCWX FREDERICKSBURG TX: Tentative Channel 16 KSAN-TV - Less than 0.15% inteference.

Page 2

KCWX____analysis.txt

Tentative Channel 16 KHCE-TV - Base line: 1826054, new ix: 19362 1.06% IX free: 1833984, NTSC&DTV IX: 27292( 1.49%), DTV IX: 23689( 1.29%) Tentative Channel 17 KPCB - Less than 0.15% inteference. Tentative Channel 18 KVAW - Less than 0.15% inteference. --> KCWX 17, # stations = 1, Min = 19362( 1.06%), Max = 19362( 1.06%)

Analysis of 18 KCWX FREDERICKSBURG TX: Tentative Channel 18 KUPB - Less than 0.15% inteference. Tentative Channel 18 KVAW - Less than 0.15% inteference. Tentative Channel 18 KYTX - Less than 0.15% inteference. Tentative Channel 18 KTXA - Less than 0.15% inteference. Tentative Channel 19 KIDY - Less than 0.15% inteference. --> KCWX 18, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 19 KCWX FREDERICKSBURG TX: Tentative Channel 18 KVAW - Less than 0.15% inteference. Tentative Channel 19 KIDY - Base line: 132542, new ix: 367 0.28% IX free: 133030, NTSC&DTV IX: 855( 0.64%), DTV IX: 855( 0.64%) Tentative Channel 19 KTXH - Less than 0.15% inteference. Tentative Channel 19 KLDO-TV - Less than 0.15% inteference. Tentative Channel 20 KWBU-TV - Less than 0.15% inteference. --> KCWX 19, # stations = 1, Min = 367( 0.28%), Max = 367( 0.28%)

Analysis of 20 KCWX FREDERICKSBURG TX: Tentative Channel 19 KIDY - Less than 0.15% inteference. Tentative Channel 20 KTXS-TV - Base line: 242356, new ix: 2565 1.06% IX free: 249811, NTSC&DTV IX: 10020( 4.01%), DTV IX: 10020( 4.01%) Tentative Channel 20 KWBU-TV - Base line: 688814, new ix: 18575 2.70% IX free: 707179, NTSC&DTV IX: 36940( 5.22%), DTV IX: 36940( 5.22%) Tentative Channel 20 KTLM - Less than 0.15% inteference. Tentative Channel 21 KXAN-TV - Base line: 1893361, new ix: 33113 1.75% IX free: 1930772, NTSC&DTV IX: 70524( 3.65%), DTV IX: 69498( 3.60%) --> KCWX 20, # stations = 3, Min = 2565( 1.06%), Max = 33113( 2.70%)

Analysis of 21 KCWX FREDERICKSBURG TX: Tentative Channel 20 KWBU-TV - Less than 0.15% inteference. Tentative Channel 21 KXAN-TV - Base line: 1893361, new ix: 480188 25.36% IX free: 1930772, NTSC&DTV IX: 517599(26.81%), DTV IX: 517599(26.81%) Tentative Channel 22 KLRU - Base line: 1874220, new ix: 21592 1.15% IX free: 1899699, NTSC&DTV IX: 47071( 2.48%), DTV IX: 29978( 1.58%) --> KCWX 21, # stations = 2, Min = 21592( 1.15%), Max = 480188(25.36%)

Analysis of 22 KCWX FREDERICKSBURG TX: Tentative Channel 21 KXAN-TV - Base line: 1893361, new ix: 42485 2.24% IX free: 1930772, NTSC&DTV IX: 79896( 4.14%), DTV IX: 78870( 4.08%) Tentative Channel 22 KAUZ-TV - Less than 0.15% inteference. Tentative Channel 22 KLRU - Base line: 1874220, new ix: 480960 25.66% IX free: 1899699, NTSC&DTV IX: 506439(26.66%), DTV IX: 503372(26.50%) Tentative Channel 22 KETK-TV - Less than 0.15% inteference. --> KCWX 22, # stations = 2, Min = 42485( 2.24%), Max = 480960(25.66%)

Analysis of 23 KCWX FREDERICKSBURG TX: Tentative Channel 22 KLRU - Base line: 1874220, new ix: 34625 1.85% IX free: 1899699, NTSC&DTV IX: 60104( 3.16%), DTV IX: 43125( 2.27%) Tentative Channel 23 KEDT - Less than 0.15% inteference. Tentative Channel 23 KLTJ - Less than 0.15% inteference. Tentative Channel 23 KPEJ - Less than 0.15% inteference. Tentative Channel 23 KUVN-TV - Less than 0.15% inteference. --> KCWX 23, # stations = 1, Min = 34625( 1.85%), Max = 34625( 1.85%)

Analysis of 24 KCWX FREDERICKSBURG TX: Tentative Channel 24 KETH-TV - Less than 0.15% inteference. Tentative Channel 24 KTAB-TV - Base line: 265462, new ix: 7570 2.85%

Page 3

KCWX____analysis.txt

IX free: 267420, NTSC&DTV IX: 9528( 3.56%), DTV IX: 9453( 3.53%) --> KCWX 24, # stations = 1, Min = 7570( 2.85%), Max = 7570( 2.85%)

Analysis of 25 KCWX FREDERICKSBURG TX: Tentative Channel 26 KPXL - Base line: 1770501, new ix: 24131 1.36% IX free: 1801050, NTSC&DTV IX: 54680( 3.04%), DTV IX: 54440( 3.02%) Tentative Channel 26 KXXV - Less than 0.15% inteference. --> KCWX 25, # stations = 1, Min = 24131( 1.36%), Max = 24131( 1.36%)

Analysis of 26 KCWX FREDERICKSBURG TX: Tentative Channel 26 KPXL - Base line: 1770501, new ix: 393664 22.23% IX free: 1801050, NTSC&DTV IX: 424213(23.55%), DTV IX: 424213(23.55%) Tentative Channel 26 KMID - Less than 0.15% inteference. Tentative Channel 26 KXXV - Base line: 1340236, new ix: 399876 29.84% IX free: 1374143, NTSC&DTV IX: 433783(31.57%), DTV IX: 433339(31.54%) Tentative Channel 26 KRIV - Less than 0.15% inteference. Tentative Channel 27 KXAM-TV - Base line: 890102, new ix: 30476 3.42% IX free: 1000730, NTSC&DTV IX: 141104(14.10%), DTV IX: 139121(13.90%) --> KCWX 26, # stations = 3, Min = 30476( 3.42%), Max = 399876(29.84%)

Analysis of 27 KCWX FREDERICKSBURG TX: Tentative Channel 26 KPXL - Base line: 1770501, new ix: 28996 1.64% IX free: 1801050, NTSC&DTV IX: 59545( 3.31%), DTV IX: 59305( 3.29%) Tentative Channel 26 KXXV - Less than 0.15% inteference. Tentative Channel 27 KXAM-TV - Base line: 890102, new ix: 646994 72.69% IX free: 1000730, NTSC&DTV IX: 757622(75.71%), DTV IX: 757568(75.70%) Tentative Channel 27 KORO - Less than 0.15% inteference. Tentative Channel 28 KTRG - Less than 0.15% inteference. Tentative Channel 28 KYLE - Less than 0.15% inteference. --> KCWX 27, # stations = 2, Min = 28996( 1.64%), Max = 646994(72.69%)

Analysis of 28 KCWX FREDERICKSBURG TX: Tentative Channel 27 KXAM-TV - Base line: 890102, new ix: 31192 3.50% IX free: 1000730, NTSC&DTV IX: 141820(14.17%), DTV IX: 139837(13.97%) Tentative Channel 28 KFDX-TV - Less than 0.15% inteference. Tentative Channel 28 KTRG - Less than 0.15% inteference. Tentative Channel 28 KYLE - Base line: 270192, new ix: 9959 3.69% IX free: 270240, NTSC&DTV IX: 10007( 3.70%), DTV IX: 10007( 3.70%) --> KCWX 28, # stations = 2, Min = 9959( 3.50%), Max = 31192( 3.69%)

Analysis of 29 KCWX FREDERICKSBURG TX: Tentative Channel 28 KTRG - Less than 0.15% inteference. Tentative Channel 28 KYLE - Less than 0.15% inteference. Tentative Channel 29 KRBC-TV - Base line: 237429, new ix: 462 0.19% IX free: 240003, NTSC&DTV IX: 3036( 1.26%), DTV IX: 599( 0.25%) Tentative Channel 30 KABB - Base line: 1982099, new ix: 17314 0.87% IX free: 1982105, NTSC&DTV IX: 17320( 0.87%), DTV IX: 17320( 0.87%) --> KCWX 29, # stations = 2, Min = 462( 0.19%), Max = 17314( 0.87%)

Analysis of 30 KCWX FREDERICKSBURG TX: Tentative Channel 30 KPXK - Less than 0.15% inteference. Tentative Channel 30 KMPX - Less than 0.15% inteference. Tentative Channel 30 KABB - Base line: 1982099, new ix: 237278 11.97% IX free: 1982105, NTSC&DTV IX: 237284(11.97%), DTV IX: 237284(11.97%) --> KCWX 30, # stations = 1, Min = 237278(11.97%), Max = 237278(11.97%)

Analysis of 31 KCWX FREDERICKSBURG TX: Tentative Channel 30 KABB - Base line: 1982099, new ix: 20175 1.02% IX free: 1982105, NTSC&DTV IX: 20181( 1.02%), DTV IX: 20181( 1.02%) Tentative Channel 31 KFXK - Less than 0.15% inteference. Tentative Channel 32 KRRT - Base line: 1819665, new ix: 24679 1.36% IX free: 1823323, NTSC&DTV IX: 28337( 1.55%), DTV IX: 28287( 1.55%) --> KCWX 31, # stations = 2, Min = 20175( 1.02%), Max = 24679( 1.36%)

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KCWX____analysis.txt

Analysis of 32 KCWX FREDERICKSBURG TX: Elect Round2 32 KPXB - Less than 0.15% inteference. Tentative Channel 32 KDAF - Less than 0.15% inteference. Tentative Channel 32 KRRT - Base line: 1819665, new ix: 231272 12.71% IX free: 1823323, NTSC&DTV IX: 234930(12.88%), DTV IX: 234930(12.88%) Tentative Channel 33 KVUE - Base line: 1871667, new ix: 23301 1.24% IX free: 1932145, NTSC&DTV IX: 83779( 4.34%), DTV IX: 81354( 4.21%) --> KCWX 32, # stations = 2, Min = 23301( 1.24%), Max = 231272(12.71%)

Analysis of 33 KCWX FREDERICKSBURG TX: Tentative Channel 32 KRRT - Base line: 1819665, new ix: 25910 1.42% IX free: 1823323, NTSC&DTV IX: 29568( 1.62%), DTV IX: 29518( 1.62%) Tentative Channel 33 KWAB-TV - Less than 0.15% inteference. Tentative Channel 33 KVUE - Base line: 1871667, new ix: 442432 23.64% IX free: 1932145, NTSC&DTV IX: 502910(26.03%), DTV IX: 502888(26.03%) --> KCWX 33, # stations = 2, Min = 25910( 1.42%), Max = 442432(23.64%)

Analysis of 34 KCWX FREDERICKSBURG TX: Tentative Channel 33 KVUE - Base line: 1871667, new ix: 26853 1.43% IX free: 1932145, NTSC&DTV IX: 87331( 4.52%), DTV IX: 84906( 4.39%) --> KCWX 34, # stations = 1, Min = 26853( 1.43%), Max = 26853( 1.43%)

Analysis of 35 KCWX FREDERICKSBURG TX: Tentative Channel 35 KPRC-TV - Less than 0.15% inteference. Tentative Channel 35 KDFW - Less than 0.15% inteference. --> KCWX 35, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 36 KCWX FREDERICKSBURG TX: Tentative Channel 36 KDFI - Less than 0.15% inteference. Tentative Channel 36 KFTH-TV - Less than 0.15% inteference. --> KCWX 36, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

Analysis of 38 KCWX FREDERICKSBURG TX: Tentative Channel 38 960111LP - Less than 0.15% inteference. Tentative Channel 38 KCEB - Less than 0.15% inteference. Tentative Channel 38 KOCV-TV - Less than 0.15% inteference. Tentative Channel 38 KHWB - Less than 0.15% inteference. Tentative Channel 38 KVDA - Base line: 1868979, new ix: 149817 8.02% IX free: 1894393, NTSC&DTV IX: 175231( 9.25%), DTV IX: 175222( 9.25%) Tentative Channel 39 KENS-DTV - Less than 0.15% inteference. --> KCWX 38, # stations = 1, Min = 149817( 8.02%), Max = 149817( 8.02%)

Analysis of 39 KCWX FREDERICKSBURG TX: Tentative Channel 38 KVDA - Base line: 1868979, new ix: 18741 1.00% IX free: 1894393, NTSC&DTV IX: 44155( 2.33%), DTV IX: 43851( 2.31%) Tentative Channel 39 KENS-DTV - Less than 0.15% inteference. Tentative Channel 39 KLDT - Less than 0.15% inteference. --> KCWX 39, # stations = 1, Min = 18741( 1.00%), Max = 18741( 1.00%)

Analysis of 40 KCWX FREDERICKSBURG TX: Tentative Channel 39 KENS-DTV - Less than 0.15% inteference. Tentative Channel 40 KXTX-TV - Less than 0.15% inteference. Tentative Channel 41 KWEX-TV - Base line: 1848189, new ix: 14523 0.79% IX free: 1851559, NTSC&DTV IX: 17893( 0.97%), DTV IX: 17658( 0.95%) --> KCWX 40, # stations = 1, Min = 14523( 0.79%), Max = 14523( 0.79%)

Analysis of 41 KCWX FREDERICKSBURG TX: Tentative Channel 41 KWEX-TV - Base line: 1848189, new ix: 170569 9.23% IX free: 1851559, NTSC&DTV IX: 173939( 9.39%), DTV IX: 173876( 9.39%) Tentative Channel 41 KXAS-TV - Less than 0.15% inteference. Tentative Channel 41 KAZH - Less than 0.15% inteference. --> KCWX 41, # stations = 1, Min = 170569( 9.23%), Max = 170569( 9.23%)

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KCWX____analysis.txt

Analysis of 42 KCWX FREDERICKSBURG TX: Tentative Channel 41 KWEX-TV - Base line: 1848189, new ix: 15928 0.86% IX free: 1851559, NTSC&DTV IX: 19298( 1.04%), DTV IX: 19063( 1.03%) Tentative Channel 42 KTBU - Less than 0.15% inteference. Tentative Channel 42 KPXD - Less than 0.15% inteference. Tentative Channel 42 KMLM - Less than 0.15% inteference. Tentative Channel 43 KEYE-TV - Base line: 1832196, new ix: 22720 1.24% IX free: 1877269, NTSC&DTV IX: 67793( 3.61%), DTV IX: 62909( 3.35%) --> KCWX 42, # stations = 2, Min = 15928( 0.86%), Max = 22720( 1.24%)

Analysis of 43 KCWX FREDERICKSBURG TX: Tentative Channel 43 KDTN - Less than 0.15% inteference. Tentative Channel 43 KEYE-TV - Base line: 1832196, new ix: 420748 22.96% IX free: 1877269, NTSC&DTV IX: 465821(24.81%), DTV IX: 465821(24.81%) Tentative Channel 44 KWKT - Less than 0.15% inteference. --> KCWX 43, # stations = 1, Min = 420748(22.96%), Max = 420748(22.96%)

Analysis of 44 KCWX FREDERICKSBURG TX: Tentative Channel 43 KEYE-TV - Base line: 1832196, new ix: 26821 1.46% IX free: 1877269, NTSC&DTV IX: 71894( 3.83%), DTV IX: 67010( 3.57%) Tentative Channel 44 KZJL - Less than 0.15% inteference. Tentative Channel 44 KWKT - Base line: 743925, new ix: 43345 5.83% IX free: 827020, NTSC&DTV IX: 126440(15.29%), DTV IX: 126440(15.29%) --> KCWX 44, # stations = 2, Min = 26821( 1.46%), Max = 43345( 5.83%)

Analysis of 45 KCWX FREDERICKSBURG TX: Tentative Channel 44 KWKT - Less than 0.15% inteference. Tentative Channel 45 KDTX-TV - Less than 0.15% inteference. Tentative Channel 45 KXLN-TV - Less than 0.15% inteference. Tentative Channel 46 KNCT - Base line: 1334180, new ix: 8926 0.67% IX free: 1481960, NTSC&DTV IX: 156706(10.57%), DTV IX: 156706(10.57%) --> KCWX 45, # stations = 1, Min = 8926( 0.67%), Max = 8926( 0.67%)

Analysis of 46 KCWX FREDERICKSBURG TX: Tentative Channel 46 KNCT - Base line: 1334180, new ix: 493424 36.98% IX free: 1481960, NTSC&DTV IX: 641204(43.27%), DTV IX: 641204(43.27%) Tentative Channel 46 KTAQ - Less than 0.15% inteference. --> KCWX 46, # stations = 1, Min = 493424(36.98%), Max = 493424(36.98%)

Analysis of 47 KCWX FREDERICKSBURG TX: Tentative Channel 46 KNCT - Base line: 1334180, new ix: 9976 0.75% IX free: 1481960, NTSC&DTV IX: 157756(10.65%), DTV IX: 157756(10.65%) Tentative Channel 47 KNWS-TV - Less than 0.15% inteference. Tentative Channel 48 WOAI-TV - Less than 0.15% inteference. --> KCWX 47, # stations = 1, Min = 9976( 0.75%), Max = 9976( 0.75%)

Analysis of 48 KCWX FREDERICKSBURG TX: Tentative Channel 48 WOAI-TV - Less than 0.15% inteference. Tentative Channel 48 KTMD - Less than 0.15% inteference. Tentative Channel 48 KSTR-TV - Less than 0.15% inteference. Tentative Channel 49 KNVA - Base line: 1571272, new ix: 13211 0.84% IX free: 1641793, NTSC&DTV IX: 83732( 5.10%), DTV IX: 79094( 4.82%) --> KCWX 48, # stations = 1, Min = 13211( 0.84%), Max = 13211( 0.84%)

Analysis of 49 KCWX FREDERICKSBURG TX: Tentative Channel 48 WOAI-TV - Less than 0.15% inteference. Tentative Channel 49 KNVA - Base line: 1571272, new ix: 229552 14.61% IX free: 1641793, NTSC&DTV IX: 300073(18.28%), DTV IX: 296510(18.06%) Tentative Channel 50 KBTX-TV - Less than 0.15% inteference. --> KCWX 49, # stations = 1, Min = 229552(14.61%), Max = 229552(14.61%)

Analysis of 50 KCWX FREDERICKSBURG TX:

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KCWX____analysis.txt

Tentative Channel 49 KNVA - Base line: 1571272, new ix: 15355 0.98% IX free: 1641793, NTSC&DTV IX: 85876( 5.23%), DTV IX: 81238( 4.95%) Tentative Channel 50 KBTX-TV - Base line: 2928907, new ix: 8664 0.30% IX free: 2954354, NTSC&DTV IX: 34111( 1.15%), DTV IX: 34111( 1.15%) --> KCWX 50, # stations = 2, Min = 8664( 0.30%), Max = 15355( 0.98%)

Analysis of 51 KCWX FREDERICKSBURG TX: Tentative Channel 50 KBTX-TV - Less than 0.15% inteference. --> KCWX 51, # stations = 0, Min = 0( 0.00%), Max = 0( 0.00%)

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CERTIFICATE OF SERVICE

I, Roberta Muscarella, hereby certify that on January 9, 2007, I served a copy of the foregoing Comments and Waiver Request by first class mail, postage prepaid on the following:

Ms. Joanne Winik Alamo Public Telecommunications Council P.O. Box 9 San Antonio, TX 78291

Ms. Molly Pauker Fox Television Stations, Inc. 5151 Wisconsin Avenue, N.W. Washington, DC 20016

/s/ Roberta Muscarella