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KGHZ KSPR-LD PSIP Waiver Request.Pdf

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Federal Communications Commission Washington, D.C. 20554 February 14, 2016 Schurz Communications, Inc. do Jack N. Goodman, Esq. 1200 New Hampshire Ave., N.W. Suite 600 Washington, DC 20036 Gray Television Licensee, LLC do John R. Feore, Jr., Esq. Cooley LLP 1299 Pennsylvania Ave., N.W. Suite 700 Washington, DC 20004 Re: PSIP Standard Waiver Request for Stations: KGHZ, Springfield, Missouri Facility ID No. 35630 KSPR-LD, Springfield, Missouri Facility ID No. 49186 Dear Counsel: This is with respect to the above-referenced facilities' request for waiver of ATSC A!65C ("ATSC Program and System Information Protocol for Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated May 9, 2006") (PSIP Standard)) Schurz Communications, Inc. ("Schurz"), is the licensee of station KGHZ2 and authorized to operate on RF channel 19 and virtual channel 33 in Springfield, Missouri. Gray Television Licensee, LLC ("Gray"), is the licensee of station KSPR-LD3 and authorized to operate on both RF and virtual channel 15 in Springfield, Missouri. Schurz and Gray, (collectively, the "Petitioners") request the Commission for a waiver of the PSIP Standard and rePquest assignment of alternative virtual channels to stations KGHZ and KSPR-LD; specifically, an exchange of major channel numbers. For the reasons set forth below, the request is granted. 'See Second Periodic Review of the Commission 's Rules and Policies Affecting the Conversion to Digital Television, Report and Order, 19 FCC Rcd 18279, 18344-6 (2004)( "Second Periodic Review"). 2 Effective February 1, 2017, the call sign for KSPR changed to KGHZ. Effective February 1, 2017, the call sign for KYCW-LD changed to KSPR-LD. Background. The PSIP Standard states, "For broadcasters with existing NTSC licenses, the major channel number for the existing NTSC channels, as well as the digital virtual channels, controlled by the broadcaster, shall be set to the NTSC RF channel number."4 Here, pursuant to the PSIP Standard, station KGHZ would operate on virtual channel 33, as its NTSC licensed operations were on RF channel 335 Similarly, station KSPR-LD would operate on virtual channel 15, as it was granted a digital flash cut for its analog licensed operations on RF Channel 15.6 The Petitioners state that television viewers in the Springfield, Missouri Designated Market Area ("DMA") have been receiving ABC programming on virtual channel 33.1 from their local ABC affiliate7, KGHZ. Station KGHZ also carries CW network programming on virtual channel 33.2 through a rebroadcast of CW programming carried on station KSPR-LD. Gray states that it reached an agreement with Schurz to acquire the programming rights of the ABC affiliation in the Springfield, Missouri DMA. To ensure that viewers continue to receive the local ABC and CW affiliates on their current channels, the Petitioners request a switch of major channel numbers such that (1) Station KGHZ would be assigned virtual channel 15, which is currently held by station KSPR-LD and (2) Station KSPR-LD would be assigned virtual channel 33, which is currently held by station KGHZ. The Petitioners maintain that the requested virtual channel reassignments would serve the public interest as it would mitigate significant inconvenience of learning new channels for two local affiliates by continuing to allow viewers to tune to the channel number already associated with the underlying content. Discussion. In the Second Periodic Review, the Commission states "To the extent broadcasters have a unique situation that is not provided for in PSIP, the Commission may grant exceptions on a case-by-case basis."8 Collectively, the Petitioners maintain they have a "unique situation" which warrants waiver of section 73.682(d) as contemplated in the Second Periodic Review. The Petitioners assert that a grant of the waiver request would serve the public interest since it would allow viewers to continue to tune to the virtual channel number already associated with ABC and CW programming and allow station KSPR-LD to continue providing uninterrupted service to the Springfield, Missouri DMA. Considering the unique circumstances and recognizing the PSIP standard was instituted to avoid viewer confusion and to promote programming channel number identification,9 the Commission finds that the Petitioners present a "unique situation" that is not provided for in the PSIP Standard. The Second Periodic Review provides that the waiver of the PSIP Standard is to be evaluated on a case-by-case basis for those unique situations that are not accounted for by the PSIP Standard. The instant request is distinctive as it would help preserve the viewers' long-established expectations of ABC and CW programming service on channel 33 in the Springfield, Missouri DMA. A grant of the waiver request would also be effective in aiding to avoid the unnecessary viewer confusion that would result from a disruption of established programming being shifted to virtual channel 15. Furthermore, the Petitioners ' PSIP Standard, Annex B, at Section B.1.1. See FCC File No. BLCT-19861020KF. 6See FCC File No. BDFCDTL-20081014AEG. ' Schurz and Gray's Joint Petition for Waiver of 47 C.F.R § 73.682(d) at 2. 8 Second Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, Report and Order, Report and Order,19 FCC Red 18346, para. 153 (2004)("SecondPeriodic Review"). 91d. at 18343. 2 are both in mutual agreement to seek a waiver of the PSIP Standard associated with their virtual channel swap and as a result there will be no technical/interference objections.'° Moreover, based upon the Petitioners' showing and the Commission's own studies, the virtual channel exchange if implemented would not conflict or duplicate any other station's channel assignment in the Springfield, Missouri DMA and as such would not harm any incumbent licensees. The Commission agrees that a waiver request of ATSC A/65C is warranted and good cause exists for the assignment of virtual channel 33 to station KSPR-LD and virtual channel 15 to station KGHZ as the Petitioners presented a unique situation not accounted for by the PSIP Standard. Accordingly, IT IS ORDERED that the waiver request of ATSC A/65C, the PSIP Standard, made by Schurz Communications, Inc. and Gray Television Licensee, LLC, to operate station KSPR-LD on virtual channel 33 in lieu of virtual channel 15 and to operate station KGHZ on virtual channel 15 in lieu of virtual channel 33 IS GRANTED. ossein • Deputy Chief, Vio Division Media Bureau 10 Schurz and Gray's Joint Petition for Waiver of 47 C.F.R § 73 .682(d) at 6. 3.
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