PUBLIC NOTICE Federal Communications Commission th News Media Information 202 / 418-0500 445 12 St., S.W. Internet: http://www.fcc.gov TTY: 1-888-835-5322 Washington, D.C. 20554 DA 06-1748 Released: August 31, 2006 LPTV AND TV TRANSLATOR DIGITAL COMPANION CHANNEL APPLICATIONS NON- MUTUALLY EXCLUSIVE PROPOSALS (AUCTION NO. 85) Media Bureau Announces October 30, 2006 Long Form Application Deadline for Singleton Proposals On April 20, 2006, the Media Bureau and Wireless Telecommunications Bureau (Bureaus) announced a filing window for certain low power television (LPTV) and television translator stations to submit proposals for digital companion channels.1 By this Public Notice, the Video Division of the Media Bureau provides Attachment A as a list of all proposals received during the filing window that are not mutually exclusive with any other proposal submitted in the filing window. Since the proposals listed in Attachment A are not mutually exclusive with any other proposal (and are therefore deemed “singletons”), they will not be subject to the Commission’s auction procedures.2 By this Public Notice, the Video Division announces processing procedures for these singleton proposals. In a subsequent public notice, the Bureaus will announce those proposals that are mutually exclusive, and will propose a settlement window filing period to give those applicants opportunities to resolve their mutually exclusivities. Required Application Form: The parties listed in Attachment A must now electronically submit a correct and complete FCC Form 346 by October 30, 2006 pursuant to the procedures set forth herein and in the Commission’s rules.3 There is no application filing fee for this submission. As it was decided in the LPTV DTV Report and Order, Class A stations will be awarded digital companion channels on a secondary basis (unlike their analog channel that has primary status).4 For this reason, we will require Class A stations to file the FCC Form 346 rather than the FCC Form 301-CA. 1 See “LPTV and TV Translator Digital Companion Channel Applications Filing Window for Auction No. 85,” Public Notice, DA 06-874 (rel. April 20, 2006). 2 See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (“Broadcast Auction First Report and Order”). 3 See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. 4 See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, Report and Order, 19 FCC Rcd 19331, 19379 (2004) (LPTV DTV Report and Order). The staff will return as unacceptable for filing applications not submitted in accordance with the procedures described above. The staff will dismiss, without further processing, the previously filed technical submissions of any applicant that fails to submit the complete FCC Form 346 by (60 days from PN date).5 Stations will not be able to submit another application for a digital companion channel until the Commission announces that it is again accepting such applications. How to File: Applicants must file their long form applications electronically using FCC Form 346. Paper-filed applications will not be accepted. Instructions for use of the electronic filing system are available in the CDBS User’s Guide, which can be accessed from the electronic filing web site at: http://www.fcc.gov/mb/cdbs.html Applicants should select the “long form auction 85” option and enter the applicant’s appropriate short form application file number as requested. For assistance with electronic filing, call the Mass Media Bureau Help Desk at (202) 418-26MB (418-2662). Certification and Notification Requirements. We remind applicants proposing digital companion channels on channels 52-59 that they must certify in their long form application the unavailability of any suitable in-core channel.6 “Suitable in-core channel” is defined as one that would enable the station to produce a digital service area comparable to its analog service area.7 In addition, Section 74.786(d) of the Commission’s rules provides that applicants proposing digital companion channels on channels 52-59 must notify all potentially affected 700 MHz band wireless licensees of the spectrum comprising the proposed TV channel and the spectrum in the first adjacent channels thereto not later than 30 days prior to the submission of their long form application.8 Specifically, notification is required to wireless licensees within whose licensed geographic boundaries a digital LPTV or TV translator station is proposed to be located.9 Notification is also required to co-channel and first adjacent channel 5 See 47 C.F.R. § 73.5005. Non-mutually exclusive applicants filing long form applications may propose minor changes to the technical proposals specified in their previous filing. However, such non-mutually exclusive applicants may not specify in their application a change in the proposed facility that constitutes a major change from the facility specified during the earlier auction filing window, nor may applicants create new mutual exclusivity or application conflict. See 47 C.F.R. § 74.787(b)(1). 6 See 47 C.F.R. § 74.786(d). 7 Id. 8 Id. 9 Id. 2 licensees whose geographic service area boundaries lie within 75 miles and 50 miles, respectively, of the proposed digital LPTV and TV translator station location.10 The application filing deadline has been extended an additional 30 days to permit additional time for this notification. The identity and contact information for all wireless entities in the 700 MHz band is available through the Universal Licensing System (ULS) on the Commission web site (www.fcc.gov). Digital LPTV and TV translator stations may continue to operate on channels 52-59 on a secondary basis as long as they do not technically conflict with the operations of a primary service licensee. LPTV and TV translator station authorizations will be explicitly conditioned to that effect. Acceptance and Petition to Deny Filing Period. Inclusion on Attachment A of this Public Notice does not constitute acceptance of a proposal. The staff will study the submitted FCC Form 346 applications for acceptability. It will subsequently announce applications determined to be acceptable for filing and which the staff are prepared to grant. Petitions to deny these applications must be filed within 15 days following the release of the public notice announcing acceptance of the applications at issue.11 Interested parties should monitor these public notices. For additional information, contact Shaun Maher (legal) or Hossein Hashemzadeh (technical) of the Video Services Division at (202) 418-1600. – FCC – 10 Id. 11 See 47 C.F.R. § 73.5006. 3 ATTACHMENT A CALL SIGN PREFIX ARN CH CITY ST APPLICANT K05FI BSFDTT 20060630BEV 4 DELTA JUNCTION AK THE UNIVERSITY OF ALASKA K05HI BSFDTT 20060630BEW 8 NENANA AK THE UNIVERSITY OF ALASKA K06JX BSFDTT 20060630CPA 10 MANLEY HOT AK MANLEY HOT SPRINGS PARK SPRINGS ASSOCIATION K06JZ BSFDTT 20060630ART 7 MENDENHALL AK CAPITAL COMMUNITY VALLEY BROADCASTING, INC. K07ND BSFDTT 20060630BEX 10 HEALY AK THE UNIVERSITY OF ALASKA K10LS BSFDTT 20060630ARU 2 LEMON, ETC. AK CAPITAL COMMUNITY BROADCASTING, INC. K17HL BSFDTL 20060630DCU 6 SEWARD AK FIREWEED COMMUNICATIONS K41DP BSFDTL 20060630CNS 43 ANCHORAGE AK KETCHIKAN TV, LLC K45HQ BSFDTL 20060630CNR 47 ANCHORAGE AK KETCHIKAN TV, LLC KATH-LP BSFDTL 20060630CVX 19 JUNEAU- AK ETULAIN, DAN DOUGLAS KSCT-LP BSFDTL 20060630CVY 19 SITKA AK ETULAIN, DAN KZND-LP BSFDTL 20060630DCV 3 ANCHORAGE AK FIREWEED COMMUNICATIONS W30BX BSFDTL 20060630BKK 14 MOBILE AL VENTANA TELEVISION, INC. W34BI BSFDTL 20060630BKH 4 BIRMINGHAM AL VENTANA TELEVISION, INC. WBCF-LP BSFDTL 20060630BRG 39 FLORENCE AL BENNY CARLE BROADCASTING, INC. WBMG-LP BSFDTL 20060630CTQ 43 MOODY AL TIGER EYE BROADCASTING CORP. WBXA-CA BSFDTL 20060630BRV 12 BIRMINGHAM AL L4 MEDIA GROUP, LLC WDVZ-CA BSFDTL 20060630CNH 39 MOUNDVILLE AL TTI, INC. WJJN-LP BSFDTL 20060630CGE 49 DOTHAN AL WILSON III, JAMES WJMY-CA BSFDTL 20060630CNI 22 DEMOPOLIS AL TTI, INC. WJXS-CA BSFDTL 20060630CXU 20 JACKSONVILLE AL ALABAMA HERITAGE COMMUNCATIONS LLC WMOE-LP BSFDTL 20060630CTN 42 MOBILE AL TIGER EYE BROADCASTING CORP. WOIL-LP BSFDTL 20060630AZY 47 TALLADEGA AL HARVEY BOWLIN, SR. WSFG-LP BSFDTL 20060630CZB 38 BERRY AL CLARK, ETTIE WVUA-CA BSFDTL 20060630COH 14 TUSCALOOSA/NO AL THE UNIVERSITY OF ALABAMA RTHPORT WXFL-LP BSFDTL 20060630BRH 10 FLORENCE, ETC. AL BENNY CARLE BROADCASTING, INC. K16ER BSFDTT 20060630CRL 38 FORT SMITH AR TCCSA, D/B/A TRINITY BROADCASTING NETWORK K23GT BSFDTT 20060630CRM 51 HOT SPRINGS AR TCCSA, D/B/A TRINITY BROADCASTING NETWORK K55GE BSFDTL 20060630BVT 17 LITTLE ROCK AR THREE ANGELS BROADCASTING NETWORK, INC. K66FM BSFDTL 20060630CBM 26 FORT SMITH AR FT. SMITH 46, INC. KFDF-CA BSFDTL 20060630CBL 44 FORT SMITH AR FT. SMITH 46, INC. KJBW-CA BSFDTL 20060630CBO 30 SPRINGDALE AR FT. SMITH 46, INC. 4 KRAH-CA BSFDTL 20060630CBJ 10 PARIS AR FT. SMITH 46, INC. KRBF-CA BSFDTL 20060630CBK 35 HINDSVILLE AR FT. SMITH 46, INC. KTKO-LP BSFDTL 20060630CEG 26 HARRISON AR TKO, INC. KWNL-CA BSFDTL 20060630CBN 31 WINSLOW AR FT. SMITH 46, INC. K04AI BSFDTT 20060630CIJ 39 PRESCOTT AZ KSAZ LICENSE, INC. K07PH BSFDTT 20060630AOI 33 LE CHEE, ETC. AZ UNIVERSITY OF UTAH K08NY BSFDTL 20060630ATS 58 HOLBROOK AZ VENTURE TECHNOLOGIES GROUP, LLC K20FO BSFDTT 20060630CKZ 10 SIERRA VISTA AZ KVOA COMMUNICATIONS, INC. K25DM BSFDTL 20060630BPO 50 PHOENIX AZ KDMA CHANNEL 25, INC. K28FM BSFDTL 20060630ALH 17 YUMA AZ BROADCAST GROUP LTD. K33CG BSFDTL 20060630CEH 36 SIERRA VISTA AZ RICHARD RICHARDS K50JJ BSFDTL 20060630CCB 45 PRESCOTT AZ KM COMMUNICATIONS, INC.