South PBS, Inc. WXEL-TV, West Palm Beach, Florida Facility ID No. 61084

Request to Change Community of License

South Florida PBS, Inc. (SFPBS), licensee of WXEL-TV, West Palm Beach, Florida (Facility ID No. 61084), requests that the Commission modify that station’s license to specify Boynton Beach, Florida as its community of license.

SFPBS sold the channel now used by WXEL-TV in the broadcast incentive auction and indicated that, if the channel were sold, WXEL-TV would share facilities with co-owned WPBT, , Florida (Facility ID No. 13456).1 As shown in Attachment A, the licensed WPBT 48 dBu signal – the principal community contour required by Section 73.625(a) of the Commission’s Rules – does not cover the entire community of West Palm Beach.

The Commission anticipated this situation in Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, Report and Order, 29 FCC Rcd 6567 (2014)(the Incentive Auction Order). It determined that:

“[w]e will allow a channel sharing bidder (i.e., a ‘sharee’) to change its community of license where it cannot satisfy the community of license signal requirement operating from the host (i.e., the ‘sharer’) transmission site, provided that the sharee chooses a new community of license that, at a minimum, meets the same allotment priorities as its current community. We will not, however, allow a bidder to make a community of license change that will change its DMA.”

Id. ¶ 374 (footnotes omitted). Since WXEL-TV operating from the WPBT transmission site does not satisfy the community of license signal requirement for its current community, it proposes to change its community of license to Boynton Beach, Florida. As shown in attachment A, the WPBT 48 dBu signal fully covers the community of Boynton Beach. Boynton Beach is located in Palm Beach County, which is included in the West Palm Beach-Ft. Pierce, Florida DMA. Therefore, the choice of Boynton Beach would satisfy both the principal

1 WPBT will also share its facility with WIMP-CD, Miami, Florida (Facility ID No. 4366). See FCC File No. 0000030170. community coverage requirement and the Commission’s insistence that a channel- sharee community of license change not affect the station’s DMA designation. Further, WXEL-TV’s main studio is currently located in Boynton Beach.

The allotment priorities for television stations were established in Amendment of Section 3.606 of the Commission’s Rules and Regulations, Sixth Report and Order, 41 FCC 148, 167 (1952). The two relevant priorities are “(2) provide each community with at least one television broadcast station,” and “(4) provide each community with at least two television broadcast stations.” Id. No television stations are currently licensed to Boynton Beach. On the other hand, even without WXEL-TV, the following television stations will be licensed to West Palm Beach:

Call Sign Facility ID Number WPTV-TV 59443 WPEC 52527 WFLX 39736 WBWP-LD 56130

Thus, moving WXEL-TV’s community of license to Boynton Beach would result in that community’s first assigned television station, meeting the Commission’s second allotment priority. It would leave West Palm Beach with three full-power and one low-power television allotments, more than satisfying allotment priority four.

Accordingly, the proposed change to WXEL-TV’s community of license from West Palm Beach to Boynton Beach complies with both the Commission’s allotment priorities for television stations and with the process the Commission established in the Incentive Auction Order. SFPBS requests that WXEL-TV’s community of license be changed to Boynton Beach, Florida.

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Attachment A Yalaha Lake Mary l Altamonte Springs Mims ster Winter Park Titusville Ocoee Clermont Orlando Bithlo Orange WPBT(TV)(Lic.) Population Estimates* WPBT(TV)(L��.) Pine Castle 48 dBµ Contour: 5,170,684 C�. 18DT M����, FL Lake Buena Vista Cocoa 41 dBµ Contour: 5,443,348 309� HAAT 1000 �W (DA) (dipole corrected) BrevardCocoa Beach NKissimmee���� L������ *Based on 2010 U.S. Census Block Data Polk City ��� C��� G���� C������� Satellite Beach ibsonia Haines City W��� P�������� Indialantic Legend Lakeland Osceola Predicted Signal Level Polk Palm Bay Cypress Gardens C������� Medulla > 48.0 dBu prepared February 2015 for Bartow Lake Wales 41.0 - 48.0 Micco Crooked CommunityLake Park TV of -99.0 - 41.0 Sebastian Fort Meade Frostproof Fellsmere Cavell, Mertz & Associates, Inc. Indian RiverIndian River Shores Bowling Green Manassas, VA Vero Beach Avon Park Wauchula Hardee Lakewood Park Zolfo Springs Sebring Fort Pierce Okeechobee St. Lucie Highlands White City Lake Placid Port Saint Lucie Okeechobee ArcadiaDeSoto Stuart Buckhead Ridge Port Salerno Martin Hobe Sound Indiantown otte Glades ParkCharlotte Jupiter Juno Beach Moore Haven Pahokee Palm Beach Gardens La Belle Clewiston Fort Myers Shores West Palm Beach Belle Glade Fort Myers Palm Beach Lehigh Acres Lake Worth Lee Freeport pe Coral Hendry Boynton Beach San Carlos Park Delray Beach Immokalee Bonita Springs Boca Raton Coral Springs North Naples Tamarac Collier Broward East Naples Fort Lauderdale Naples Manor Davie Hollywood Marco Carol City Surfside Hialeah WPBT(TV (Lic.) Sweetwater Miami Miami-Dade 48 dBµ F(50,90) WPBT(TV(Lic.) Ch. 18DT Kendall 41 dBµ F(50,90) Miami, FL (dipole corrected) South Miami Heights Princeton Monroe Homestead

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