Section 307(b) Showing to Support Change in Community of License The instant application on LMS Form 2100, Schedule A is being filed by NBC Telemundo License LLC to propose a channel sharing arrangement between WWSI, Atlantic City, New Jersey (FIN 23142) and commonly owned WCAU, Philadelphia, Pennsylvania (FIN 63153) whereby WWSI, the sharee station, will broadcast from the transmission facilities of WCAU, the sharer (host) station. The instant application also seeks to change the community of license of WWSI from Atlantic City to Mount Laurel, New Jersey. It is also noted that WCAU, which is currently assigned to channel 34, has been repacked to channel 28 in transition phase 4.1 Under the Commission’s rules, a full power television station must locate its transmitter at a site from which it can place a principal community contour over its entire community of license. 47 C.F.R. § 625(a). As demonstrated in the attached Technical Statement, the principal community contours of WCAU on its current channel 34 as well as on its post-repack channel 28 do not cover Atlantic City, New Jersey, WWSI’s current community of license. Accordingly, the new community of license of Mount Laurel, New Jersey for WWSI is proposed herein. The Commission determined in the Incentive Auction R&O that sharee stations “may propose license community changes if they cannot satisfy signal coverage requirements from their new transmitter sites, provided that the new communities meet the same allotment priorities as the current ones and are located in the same Designated Market Areas (“DMAs’).”2 The Commission also decided that “[i]n the unlikely event that the sharee cannot identify any community that meets the same or a higher allotment priority at its new shared site, it must choose a new community of license to which it will provide the next highest priority.”3 Upon commencement of shared channel operations, WWSI proposes to change its community of license to Mount Laurel, New Jersey. As demonstrated below, changing the community of license of WWSI from Atlantic City to Mount Laurel, New Jersey is consistent with the Incentive Auction channel sharing rules and policies as well as Section 307(b) of the Communications Act of 1934, as amended (“Communications Act”), because: WWSI cannot provide principal community coverage to Atlantic City from WCAU’s transmission facilities (current and post-repack); Mount Laurel is a community for allotment purposes; Mount Laurel and Atlantic City are both in the Philadelphia, Pennsylvania DMA; and Mount Laurel will provide a higher allotment priority (priority 2) than Atlantic City (priority 5). 1 See Incentive Auction Closing and Channel Reassignment Public Notice: The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, Public Notice, 32 Rcd 2786 (MB & WTB, 2017). 2 See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, Report and Order, 29 FCC Rcd 6567, paras. 27, 374-77 (2014), aff’d, Nat’l Assoc. of Broadcasters, et al v. FCC, 789 F.3d 165 (D.C. Cir. 2015) (Incentive Auction R&O). 3 Incentive Auction R&O, para. 376 at note 1117. Mount Laurel, New Jersey is a community for allotment purposes.4 Mount Laurel is a township in Burlington County, New Jersey with a population of 41,864 (2010 Census).5 Mount Laurel was incorporated on March 7, 1872 and has its own local government, police and fire departments as well as numerous local businesses and educational and religious institutions.6 A specified place that is incorporated in the U.S. Census qualifies as a community for allotment purposes.7 Mount Laurel and Atlantic City are both located in the Philadelphia, Pennsylvania DMA. See Attached BIA Map of the Philadelphia, Pennsylvania DMA (showing that Burlington County, New Jersey is among the counties located within the DMA). Mount Laurel will provide a higher allotment priority (priority 2) than Atlantic City (priority 5). The Commission’s allotment priorities are to: (1) provide at least one television service to all parts of the country; (2) provide each community with at least one television broadcast station; (3) provide a choice of at least two television services to all parts of the country; (4) provide each community with at least two television broadcast stations; and (5) assign any remaining channels to communities based on population, geographic location, and the number of television services available to the community from stations located in other communities.8 WWSI is one of three television stations licensed to Atlantic City, which places it in allotment priority 5.9 Changing the community of license of WWSI to Mount Laurel would provide a first television station licensed to Mount Laurel, which will place it in higher allotment priority 2. As demonstrated above, the proposed change in the community of license of WWSI from Atlantic City to Mount Laurel, New Jersey is consistent with the Incentive Auction channel sharing rules and policies as well as Section 307(b) of the Communications Act, and will further the Commission’s allotment priorities. 4 In the Matter of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88, 101 (1982) (“Assignment Policies and Procedures”). See also Amendment of Section 73.622(i), Post- Transition Table of DTV Allotments, 26 FCC Rcd 32 (MB 2011). 5 American Fact Finder, United States Census Bureau - https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml. 6 See Mount Laurel website - http://mountlaurel.com/; see also The Real Yellow Pages (search of listings for “Mount Laurel” located in Mount Laurel, New Jersey - https://www.yellowpages.com/search?search_terms=Mount+laurel&geo_location_terms=Mount+Laurel %2C+NJ. 7 Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d at 101. 8 47 U.S.C. § 307(b); Amendment of Section 3.606 of the Commission’s Rules and Regulations, Sixth Report and Order, 41 FCC 148, 167 (1952). 9 See Attached BIA TV Analysis Report. Technical Statement in Support of Section 307(b) Showing October 13, 2017 This statement supports a showing that a change of community of license is necessary for WWSI to channel share with WCAU. Both stations are licensed in the Philadelphia, Pennsylvania market. The 48 dBµV/m community grade contour from the sharer station (WCAU) does not cover any part of Atlantic City, the current community of license of WWSI. Map 1 shows the WCAU (and proposed WWSI after sharing) 48 dBµV/m community grade contour for operation on channel 34 (dashed orange contour) and the contour for the post-repack channel 28 WCAU construction permit and proposed WWSI channel sharing (solid blue contour). The area enclosed by the boundary of Atlantic City is colored green and lies completely outside the 48 dBµV/m community grade contour from both the current and authorized post-repack sharer facilities. Map 2 shows the same WCAU and proposed WWSI after channel sharing contours and coverage of the township of Mount Laurel, New Jersey. As shown on Map 2, Mount Laurel Township (colored green) is completely covered by the 48 dBµV/m community grade contour from the shared WCAU/WWSI facility. The contour maps were created using the contours.shp shapefiles from TVStudy 2.2.3 after setting the UHF contour field strength to 48 dBµV/m and disabling dipole factor adjustment. Data is from the October 6, 2017 LMS database for WCAU license file number BLCDT20090914AAX (channel 34) and WCAU construction permit LMS file number 0000026896 (channel 28). Doug Lung October 13, 2017 Technical Statement in Support of Section 307(b) Showing October 13, 2017 Doug Lung 19/13/2017 Technical Statement in Support of Section 307(b) Showing October 13, 2017 Doug Lung 10/13/2017 Metro Rank: 4 Philadelphia, PA Market Overview Revenue Rank: 6 Investing In Radio® Copyright © 2017 BIA Advisory Services, LLC. Unauthorized distribution prohibited. (703) 818-2425 TV data is current as of 10/13/2017 BIA/Kelsey TV Analysis Report A N A L O G D I G I T A L Estimated National City of State of Power Tower Power Tower Station Rev Power Price Price Calls Affiliate Sales Rep Type License License Ch (kW) Height Ch (kW) Height ' 1 6 (000) Ratio Acquired (000) Code KJWP Me HRP MAIN Wilmington DE 2.0 9 1,020' 6,000 0.37 2017/08 na KYW-TV CBS CBSTV MAIN Philadelphia PA 26.0 790 1,230' 112,000 1.15 2000/05 g CP 30.0 960 1,201' WACP IND MAIN Atlantic City NJ 4.0 10 848' WBPH-TV REL InHse MAIN Bethlehem PA 9.0 81 991' 200 WCAU NBC NBC MAIN Philadelphia PA 34.0 700 1,313' 90,000 0.96 2011/01 g CP 28.0 618 1,313' WFMZ-TV IND MAIN Allentown PA 46.0 800 1,086' 4,600 WFPA-CA UnM UNI CL-A Philadelphia PA 28.0 6 892' 3,000 2007/03 g1 CP 35.0 7 WGTW-T TBN MAIN Burlington NJ 27.0 160 1,161' 5,900 2004/10 48,000 WHYY-TV PBS PUB Wilmington DE 12.0 30 965' CP 13.0 30 965' WLVT-TV PBS PUB Allentown PA 39.0 52 968' WMCN-TV IND MAIN Atlantic City NJ 44.0 200 696' 800 2000/08 9,000 WMGM-T SBN MAIN Wildwood NJ 36.0 205 415' 2,900 2017/07 6,000 WNJS PBS PUB Camden NJ 22.0 197 866' CP 23.0 202 866' WNJT PBS PUB Trenton NJ 43.0 59 873' WPHA-CD IND CL-A Philadelphia PA 24.0 15 784' WPHL-TV My TelRp MAIN Philadelphia PA 17.0 645 1,063' 38,500 1.05 2017/05 g9 WPHY-CD SBN CL-A Trenton NJ 50.0 6 417' 2012/06 3,500 CP 22.0 3 394' WPPX-TV ION InHse MAIN Wilmington DE 31.0 200 1,227' 5,500 0.19 2008/01 g CP 34.0 213 1,227' WPSG CW TelRp MAIN Philadelphia PA 32.0 800 1,312' 24,000 0.84 1995/09 g CP 33.0