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COVINGTON & BURLING LLP 1:'.l01 PENNSYLVANIA AVENUE NW F.:IEIJING KURT A. WIMMER BAUSSEL!! WASHINGTON, DC 20004.2401 TeL. 202.662.15278 LONDON TEL 202.662,6000 NeW YOAI( PAX 202.776."276 FAX:'.102.ee:l:.62g1 $AN OIElGO [email protected] WoNW.COV.COM SAN FRANCISCO SILICON VALLEV WASHINGTON September 25,2009 Ms. Marlene Dortch, Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: National Broadband Plan, GN Docket 09-51 Mobile Wireless Competition, WT Docket 09-66 Fostering Innovation and Investment in the Wireless Communications Market, GN Docket 09-157 Spectrumjor Broadband, GN Dockets 09-47, 09-137 Public Interest Obligations ojLicensees, MM Docket 99-360 Standarized and Enhanced Disclosure Requirements, MM Docket 00-168 Broadcast Localism, MB Docket 04-233 Dear Ms. Dortch: On September 24, 2009, Barrington Broadcasting Group, LLC, Belo Corp., Dispatch Broadcast Group, Freedom Broadcasting, Inc., Gannett Co., Inc., LIN TV Corp., Post-Newsweek Stations, Inc., and Raycom Media, Inc., represented by Alan Frank, President ofPost-Newsweek Stations, Inc., Dave Lougee, President, Broadcasting Division, Gannett Co., Inc., Paul McTear, President and CEO ofRaycom Media, Inc., Doreen Wade, President, Freedom Broadcasting, Inc., Jim Yager, CEO ofBarrington Broadcasting Group, LLC, and Jon Blake and Kurt Wimmer of Covington & Burling, met with Chairman Julius Genachowski, Edward P. Lazarus, Chiefof Staff, and Bruce Liang Gottlieb, ChiefCounsel and Senior Legal Advisor. Although the participants did not make a presentation addressing the merits of pending proceedings, they did discuss the importance of broadcasting to the public and the need to preserve and strengthen local broadcast journalism; broadcasters' innovative and intensive use ofdigital spectrum; the central role ofpublic service to broadcasters' communities oflicense; the potential for effective and reasonable programming documentation requirements; and the value ofmarket-based retransmission consent negotiations in supporting local community service. Copies ofthe attached reports were provided. COVINGTON & BURLING LLP September 25, 2009 Page 2 Please contact the undersigned with any questions regarding this matter. Respectfully submitted, Kurt Wimmer cc: Hon. Julius Genachowski Edward P. Lazarus, Esq. Bruce Liang Gottlieb, Esq. Sherrese Smith, Esq. September 23,2009 FCC-REQUIRED REPORTS PREPARED BY WDIV(TV), DETROIT FOR SECOND QUARTER, 2009 DTV Report (5 pages) Children's Programming Report (17 pages) Children's Commercial Report (2 pages) Quarterly Issues/Programming Report (placed in station's local public file) (44 pages) / I PTV Quarterly Activity Station Report Page I of 5 munications Commission Approved by OMS FOR FCC USE ONLY • D.C. 20554 3060-1115 (June 2009) FCC 388 FOR COMMISSION USE ONLY DTV Quarterly Activity Station Report FILE NO BDERCDT-20090707AET ILicensee ~OSTNEWSWEEK STATIONS, INC. I Icall Sign IIFacility Id IPrevious Call Sign (if applicable) WDIV-TV 53114 ICommunity ofLicense I ICity IIState IICounty IIZip Code I !DETROIT IIMI IIWAYNE 1148226 - I rielseo DMA IWorld Wide Web Home Page Address Licensee Renewal Expiration Date DETROIT CLICKONDETROIT.COM (mm/dd/yyyy) 10/01/2013 IChannel Numbers: (Check the Channel Number(s) to which this form applies.) I IRl Analog 4 11 II I~ Digital ll45 I I Report reflects information for quarter ending: 06/30/2009 Have you opted to comply with Option One, Two, or Three (once elected, this choice may not change)? (" Option One (A and D) (.' Option Two (8 and D) C Option Three (C and D) Ov~r the past quarter, ifyou have fully complied with the requirements ofthe selected I (.' Yes C No option? IComments: II Were you required to air service loss notices (See 47 C.F.R. 73.§ 674(b)(5) for details)? (' Yes r. No If YES, Complete Section E I ISim ulcasting: Prior to termination ofsignal, did you simulcast on your Analog channel and your (.' Yes C No primary Digital stream stream? IfYES, complete only one ofthe form for both. IfNO, complete a form for your Analog Channel and a second for your primary Digital stream. I I ADDlication Purpose: Ir. DTV Education Report II I I(' Amendment IIFile Number - I Ifan amendment, include a comment explaining the reason and the portions ofthe pending application that are being revised. Section B (For broadcasters electing Option Two) On its analog channel, and its primary digital stream, a station must run an average of 16 transition-related PSAs and 16 transition-related crawls, snipes, and/or tickers per week in each quarter, all between the hours of 5 a.m. and 1 a.m. It must also run one 30 minute DTV-related informational program once, and one Countdown piece per day during the days prior to the conclusion ofthe transition. Comment boxes MUST be used to describe these compliant activities (See rules for http://fjallfoss.fcc.gov/cdbs/cdbs_docsI388_I OI.cfm?printfonn=Y&formid=1RRRr~nnn=11') '7/0/"f'If'If'I , DTV Quarterly Activity Station Report Page 2 of 5 additional details). Total Number of Eligible DTV Transition-Related PSAs and Crawls, Snipes, and/or Tickers (CSTs) Run -- Last Quarter How many DTV PSAs and CSTs did your station run between 5:00 a.m. and I:00 a.m. last Quarter? Total 5:00 a.m. to I:00 a.m. 379 PSAs Total 5:00 a.m. to I:00 a.m. ~48 CSTs For informational purposes only, how many DTV PSAs and CSTs did your station run in the last quarter from 6:00 a.m. to 9:00 a.m.? Total 6:00 a.m. to 9:00 a.m. 32 PSAs Total 6:00 a.m. to 9:00 a.m. 78 K:STs For stations located in the Atlantic, Eastern, or Pacific Time Zone, how many DTV PSAs and CSTs did your station run in he last Quarter from 6:00 p.m. to II :35 p.m. (must average at least 4 per week)? Total 6:00 p.m. to II :35 p.m. 138 PSAs Total 6:00 p.m. to II :35 p.m. 224 CSTs For stations located in the Alaskan, Central, or Mountain Time Zone, how many DTV PSAs and CSTs did your station run in the last Quarter from 5:00 p.m. to 10:35 p.m. (must average at least 4 per week)? Total 5:00 p.m. to 10:35 p.m. IPSAs Total 5:00 p.m. to 10:35 p.m. CSTs Comments: 30 Minute Educational Programs - Last Quarter How many 30 minute, DTV-related informational programs did your station run during the quarter? At least one such program must be run between the hours of 8:00 a.m. and II :35 p.m., after April 1,2009 and prior to your station's termination ofanalog service (See 47 C.F.R. § 73.674(d)(5) for additional details). Total number of30 Minute Informational Programs 111 I Comments: WE RAN ONE PROGRAM IN 4TH QUARTER, THEN RAN A PROGRAM WITH NEW UPDATED INFORMATION THIS PAST QUARTER. Countdown Eligible Pieces - Last Quarter Beginning on April 1,2009 or 60 days prior to termination oftheir analog service, whichever is later, all stations participating in Option Two must engage in special "Countdown to DTV" activities. Stations must execute a minimum of one "Countdown To DTV" on-air activity per day during the days leading up to their analog termination. During the last quarter, how many of each eligible "Countdown to DTV" pieces did your station run? I 0 IIGraphic Di:,plays I II httn://fiallfoss.fcc.Qov/cdbs/cdbs docs/388 101.cfm?nrintfonn=Y&formirl=1RRRr"nnn=11,,) 7/QnOOO 'DTV Quarterly Activity Station Report Page 3 of 5 I 0 IIAnimated Graphics I I 120 !IGraphic and Audio Displays I I 0 !ILonger Form Reminders I Comments: WE RAN COUNTDOWNS, TWICE PER DAY FOR THE 60 DAYS LEADING UP TO THE TRANSITION DATE. Mandatory Daily Notices - Last Quarter Beginning April I, 2009, Option Two stations must also provide information about antenna use, the need for rescanning, and walk-in DTV help centers. These notices must be aired for no fewer than 15 seconds each, at least once per day, between 8 a.m. and II :35 p.m., and at least three times per week between 8 p.m. and 11 p.m. in the Atlantic, Eastern and Pacific time zones, and between 7 p.m. and 10 p.m. in the Mountain, Central, and Alaskan time zones, until the station erminates analog programming. Stations may choose alternative on-air methods to comply with these notice requirements, but ifso they may not be counted toward the transition PSA/transition CST obligations. (See 47 C.F.R. § 73.674(b)(6)-(8) for additional details). !Have you aired a sufficient number ofantenna information notices this quarter (one per day and at I (.'Yes ('No least three per week during primetime)? Have you aired a sufficient number ofrescanning notices this quarter (one per day and at least (." Yes ("No hree per week during primetime)? I Have you aired a sufficient number ofhelp center notices this quarter (one per day and at least r. Yes (" No hree per week during primetime)? I IComments: /I Section D (For all broadcasters) Additional DTV On-air Initiatives - Last Quarter I I Did your station run additional on-air initiatives (such as news reports, town hall meetings, and in (.' Yes ('No particular, nightlight effort, etc.) during the quarter? The comment box may be used to describe these initiatives. I I Comments: IN ADDITION TO OUR REGULARLY SCHEDULED PSAS, SNIPES AND CRAWLS, OUR NEWS DEPARTMENT RAN NUMEROUS REPORTS RELATED TO DTV, INCLUDING INFORMATION ON LOCAL WALK IN CENTERS, REFERRALS TO WEBSITES FOR SPECIFIC HELP INFORMATION. WE ALSO PUT TOGETHER A PHONE BANK OF EXPERTS FOR THE DAY OF AND DAY FOLLOWING THE ACTUAL TRANSITION.