WPC2W 2BJKCourier3|SCG Times BoldCG Times ItalicCourier BoldCourierCG TimesCG Times BoldCG Times ItalicCourier BoldCourier Italic\#.YX@X01Í ÍX81Í/Í/Ҋ2 Z;/3|SHP LaserJet 4HPLAS4.PRSx  @\#.YX@X01Í ÍX81Í/Í/ҊCourierCG TimesCG Times BoldCG Times Italic2cAvpkDIRECT DIRECT DIAL LETTERHEAD $xG#h [ P֙Q(&P# `  X` hp x (#%'0*,.8135@8:[)t  `  #h [ P֙Q(&P#MEMONOTE PA PAPERMEMO NOTE PAD PAPER BjJҗ#h [ P֙Q(&P# 3'3'Standard pMemo Note Pad Stat. pMemo Note Pad Stat.ies II$>[j4  X  TX 2&!x"_!#X&$Xp&FAXMEMOFAX MEMO STATIONERY!~# |  `    #\> Ps7;'P#Arent/Fox#&l\> Ps7;8&P#X81Í/Í/X81Í/Í/`   @-  -@   FAXLTR LETERHEADFAX LETTERHEAD"a T# |  `    #\> Ps7;'P#Arent Fox Kintner Plotkin & Kahn#&l\> Ps7;8&P#X81Í/Í/X81Í/Í/`       P?&  ` \ 1050 Connecticut Avenue, NW Washington, DC 200365399 Telephone 202/85706000 Cable: ARFOX Telex: WU 892672 ITT 440266 Facsimile: 202/8576395 _____ 8000 Towers Crescent Drive Vienna, Virginia 221822733 7475 Wisconsin Avenue Bethesda, Maryland 208143413 45 Rockefeller Plaza New York, New York 10111 Budapest Representative Office Arent/Fox Europe Vadsz utca 12  P?* H1054 Budapest, Hungary *4   P?  \`  X` hp x (#%'0*,.8135@8: xQ oX#WillWill.O}`    4  3'3'Standard<'Legal - (13") Cont.<'Legal - (13") Cont.v4 &D,  &memo head/4+X #\  PCP#footnote tex0'b#Z\  PCP#221w`.2/3~04 2memo to1E` hp x` #x\  PCXP#memo date2O #x\  PCXP#memo from33Wy` ` #x\  PCXP#memo rex\4O #x\  PCXP#255263748R4lhead mainwyer h57 #\  PCP# blockXP#6'#x\  PCXP#dateborrower, in71k X#x\  PCXP#corp sig lin8`` hp x #x\  PCXP#2XK966f T;Fmain head97 #\  PCP# "i~# ^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddd4dddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddpddddxodddXXddXddXdddddoL8doddNopddo8PdN8ppodd┐XXdpLoNpLodPDopoopoȐdXYXodoodddCddCCC/NdddCdUUddddddFddddFCCssd44ddxxddd~ooCsdF"Ȑdsd岲9dCCȐxȲCddodȐȅdCdYdsȐ`ȐȐȮxȐUvŐdȐddCCCCŐxoxoYNYYYN8YooYdYxxdxddYYxoxxxNdxYxxxxCCdddddddxCxdYC",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XddddddC8ddddCdoddd|8|H~d|8|8dtddddHHdlLlLlLkd|H|8dddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddxxdddvooChdF"dhd9dCCxCddoddCdYds]xUvdYYCCCCx~oxoY~NYdYC8YooYdYxsdxdd~YYxoxxx~CdxYxxxxCCdddddddxCsdYC\   pxtll\tll@\@\`L"i~# ^;C`ddCCCdCCCCddddddddddCCȰdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYd4dddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdXXddxxXxdxdxXddddddD8ddddCdddddp8pHodp8p8dxddddxLxLxddLdLdLddpHp8ddddddodpLpLpLdoddddododxCddCCC/NdddCd]]ddddddFddddFCCddd88ddxxdddkddCddF"Ȑddd尰9dCCȐxȰCdxdodȐȅdCdYdsȐ]ȐȐȤxȐUvŐdȐYYCCCCxxxoxoYxLoYdYC8YooYdYxxdxddoYoYxxoxxxxxCdooxYxxxxCCddddxdddoooxCsdYC2V KZT"<$  ^ENluuNNNuNNNNuuuuuuuuuuNNu[pNNNuuNuhhRuANAuh[Nuuuhuuuu=uuuuuNuuuuuuuuAuuuuuhhhhh[A[A[A[AuuuuuuuuuuuuugguuguuguuuuuYAuuu[uuA]u[AuugguY[Yu]OughguuuuNuuNNN/NuuuNuccuuuuuuRuuuuRNNu<<uuuuuNuR"uuCuNNNuuuuNuhupcuuuNNNNh[hhh[Ahhuhuuuhh[uhNNuuuuuuuNuhN<?xxx,2x6X@`7X@8wC;,Xw PE37XPD7zC;,c!Xz_ pi7X6uC;,cXu&_ x7XXD@NE,"#_ pi7?xxx,/)x `7X ?xxx,<Mx6Nhez7XH20W Y #Xw PE37XP#  @-  -@  8@Before the  X -W  FEDERAL COMMUNICATIONS COMMISSION 3Washington, DC 20554 * In the Matter of $+hh29A) ` `  $+hh29A)  X_ Advanced Television Systems andhh29A) ppH MM Docket No. 87268 Their Impact upon the Existinghh29A) Television Broadcast Servicehh29A)  Y To: The Commission Mail Stop 1170  Y ## COMMENTS OF PALM BEACH TELEVISION BROADCASTING, INC. ă A. Palm Beach Television Broadcasting, Inc. (PBTV) hereby submits these comments  Yd in response to the Commission's Sixth Further Notice of Proposed Rule Making in this proceeding, FCC 96317, released August 14, 1996. PBTV is the licensee of low power television (LPTV) station WPBILP, Channel 36, West Palm Beach, Florida, which has been on the air for five years, and the permittee of LPTV Station W31AY, Jupiter and Tequesta, Florida.  Y B. Under of the proposed table of allotments in the Sixth Further Notice, the Commission proposes allotments that will displace both of PBTV's stations: Channel 36 will be paired with NTSC full power channel 61 at Palm Beach, and Channel 31 will be paired with NTSC full power channel Channel 63 at Boca Raton. Channel 61 is an operating station; Channel 63 is not. An application is pending for a major change for W31AY, which would result in that station's operating on Channel 59. Channel 59 has been proposed for use by the full power station on Channel 42 at West Palm Beach. Thus the use of all three of the LPTV channels in which PBTV has an interest is proposed to be blocked.D&0*0*0*ԌC. Although PBTV applied for LPTV authorizations with the understanding that they would be secondary to full power stations, that understanding was based on an environment in which full power stations were established onebyone, and there were 68 television channels available to find homes for LPTV stations. It was never contemplated that the Commission would undertake a wholesale wiping out of LPTV stations through a combination of doubling the number of full power assignments while at the same time reallocating large chunks of TV spectrum for other uses a double squeeze of enormous proportions. The Commission is changing all the rules of the game in a harsh manner that essentially says that investors such as Leonard Walk, PBTV's sole stockholder, are not entitled to a place in the sun, and that their entrepreneurial activities, undertaken with the encouragement of the Commission in the best tradition of American pioneering into a new field, are not entitled to any consideration. That is not a just result. It flies in the face of encouraging the small business activity that has made this country great and that is also subject to small business protection laws. D. PBTV strongly urges the Commission to rethink what to someone like Mr. Walk, who is not steeped in the Commission's way of thinking about spectrum management, appears to be beyond the scope of rational reason in the real world. Whatever benefits spectrum auctions may have for the federal treasury, it is not the American way to brush small businesspeople aside with a broad sweep that simply destroys their assets. E. No channel occupied by an LPTV station should be assigned for digital TV use unless it can be shown that no other channel is available for that purpose; and if there is no alternative for digital use, then there must be an alternative for the displaced LPTV station. Further, there is no need to make a digital channel available to each and every full power station; rather, digital:&0*(( channels should be assigned from a pool to only those stations that are ready, willing, and able to implement their use within a short period of time after the assignment is made to them. In this regard, it appears strange to PBTV that its operating LPTV stations should be displaced to make a digital allotment to WPPBTV, Boca Raton, Florida, which has never even built its NTSC facilities after many years, let alone shown that it has interest in or capability to build digital facilities. F. The Commission should also permit LPTV stations to migrate to digital operation when and as channels are available to do so, and LPTV stations should be permitted to migrate to digital to protect their investment before further applications are accepted from the general public for either NTSC or digital service. G. There are several ways to ameliorate the LPTV problem, which are being suggested in comments being filed by the Community Broadcasters Association (CBA). PBTV is a member of CBA and urges the Commission to study the CBA comments and to follow their recommendations wherever possible. Palm Beach Television+hh29Respectfully submitted, Broadcasting, Inc. 3180 North Burgundy Drive Palm Beach Gardens, FL 33410hh29__________________________ ` `  $+hh29 Peter Tannenwald ` `  $+hh29Irwin Campbell & ` `  $+hh29 Tannenwald, P.C. ` `  $+hh291730 Rhode Island Ave., N.W. ` `  $+hh29 Suite 200 ` `  $+hh29Washington, DC 200363101 ` `  $+hh29Tel. 2027280400 ` `  $+hh29Fax 2027280354 ` `  $+hh29Counsel for Palm Beach November 22, 1996 $+hh29 Television Broadcasting, Inc.#'0*((Ԍ 0*(( #Xw P7XP#  @-  --  -@   I. A. 1. a.(1)(a) i) a) A. 1. a. i.(a)(1) i) a)X81Í/Í/X81Í/Í/8@Before the  X -W  FEDERAL COMMUNICATIONS COMMISSION 3Washington, DC 20554 * In the Matter of $+hh29A) ` `  $+hh29A)  X_ Advanced Television Systems andhh29A) ppH MM Docket No. 87268 Their Impact upon the Existinghh29A) Television Broadcast Servicehh29A)  Y To: The Commission Mail Stop 1170  Y  ) COMMENTS OF MONTGOMERY PUBLICATIONS, INC. ă 1. Montgomery Publications, Inc. (Montgomery) hereby submits these comments in  YM response to the Commission's Sixth Further Notice of Proposed Rule Making in this proceeding, FCC 96317, released August 14, 1996. PBTV is the licensee of low power television (LPTV) stations KTMJLP, Channel 6, Junction City, Kansas, and K15DQ, Manhattan, Kansas. It is also the permittee of K17CK, Topeka, Kansas, with an application pending to move to Emporia, and K43EO, Topeka, with a major change pending in the same community. Montgomery's stations form a network that provides Fox and UPN Television Network services throughout the Topeka ADI. Its stations have a full schedule of television programming that includes a substantial amount of local news and information relating to Fort Riley, a major military installation near Junction City. The pending major change applications will round out network coverage of the ADI. 2. Montgomery appears to be one of the more fortunate LPTV operators in that only K15DQ appears to be destined for certain displacement, in this case by a cochannel digital allotment proposed to be paired with NTSC Channel 18 at Salina, Kansas, occupied by KAAS-TV. However, there are few enough television stations in the state of Kansas that TV(0*0*0* spectrum is not scarce, so it escapes Montgomery why the Commission finds it necessary to deprive a significant community of Fox and UPN service when there are ample alternatives. Indeed, the attached engineering statement indicates that at least Channels 35, 44, 47, and 50 are available as substitutes for Channel 15. Why should the residents of Manhattan not be able to watch the Super Bowl on Fox? There is no reason to displace an LPTV station unless there is no possible alternative digital allotment available. 3. Montgomery has made a very large investment in good faith in the LPTV industry. It recognizes that its licenses are secondary to full power stations, but it never contemplated that the Commission would replace the NTSC system of assigning one station at a time with a broadbrush sweep that doubles the number of full power channels and chops off a large piece of the TV spectrum at the same time, leaving LPTV to fall by the wayside using the excuse that the service is "secondary." Reducing the federal deficit is a good idea, but all of the people should share in the burden, rather than imposing it on a particular group of small businesspeople who personify the kind of capitalism on which this country has thrived.  Y| 4. The Commission has exhibited a positive attitude toward LPTV in the Sixth Further  YR Notice, and Montgomery appreciates that fact. However, the Commission must go further than wanting to help TV; it must want not to hurt LPTV. It cannot depend on the full power industry, with which LPTV competes, to solve the problem. In Montgomery's case in particular, its full power competitors are not pleased that Montgomery has obtained the Fox network affiliation in the Topeka ADI, and Montgomery does not believe that those competitors will make any effort to avoid damage to Montgomery's low power stations. Therefore, allowing digital allotment changes through private "negotiations" are not acceptable. The CommissionB&0*(( itself must be deeply involved and must make solving the LPTV problem a high priority. Certainly no spectrum should be reallocated or auctioned until the LPTV problem has been solved. 5. Montgomery is a member of the Community Broadcasters Association (CBA) and urges the Commission to give careful suggestion to several technical proposals being made by CBA in its comments in this proceeding. Montgomery Publications, Inc.hh29ARespectfully submitted, Station KTMJ 222 West Sixth St. Junction City, KS 66441+hh29A__________________________ ` `  $+hh29A Peter Tannenwald ` `  $+hh29AIrwin Campbell & ` `  $+hh29A Tannenwald, P.C. ` `  $+hh29A1730 Rhode Island Ave., N.W. ` `  $+hh29A Suite 200 ` `  $+hh29AWashington, DC 200363101 ` `  $+hh29ATel. 2027280400 ` `  $+hh29AFax 2027280354 ` `  $+hh29ACounsel for Montgomery November 22, 1996 $+hh29A Publications, Inc.