MB & PSHSB seek comment on waiver by WLNY to flashcut to digital Ch 17
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: July 16, 2014
MEDIA BUREAU AND PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEK
COMMENT ON REQUEST FOR WAIVER FILED BY WLNY-TV INC. TO FLASHCUT FROM
ANALOG CHANNEL 17 TO DIGITAL CHANNEL 17 FOR LOW POWER TELEVISION
STATION WLIG-LP, PLAINVIEW, NEW YORK
PS Docket No. 14-108
File No. BDFCDTL-20130603AUD
Comment Date: August 15, 2014
Reply Comment Date: August 29, 2014
The Media Bureau and the Public Safety and Homeland Security Bureau seek comment on the
application and waiver request, as amended, filed on June 04, 2013, by WLNY-TV Inc. (WLNY).1
WLNY seeks “approval for low power television [LPTV] station WLIG-LP, Plainview, NY to flashcut
from analog channel 17 to digital channel 17.”2 WLNY requests waiver of Section 74.709 of the
Commission’s rules,3 for “land mobile station protection insofar as that rule applies to the channel 16 land
mobile services in New York, NY.”4 The rule states that a low power TV or TV translator station
application will not be accepted if it specifies a channel that is one channel above or below one of the land
mobile assignments and its field strength at the land mobile protected contour exceeds 76 dBu.5 Station
WLIG-LP is located within the land mobile protected contour.
WLNY states that “WLIG-LP has been operating on analog channel 17 since 2005.”6 WLNY
affirms that “during its nine years of operation, there have been no interference complaints by any users
of the adjacent channel 16 spectrum or any other indication of interference.”7 WLNY further states that
1 See File No. BDFCDTL-20130603AUD (filed June 04, 2013, amended, June 17, 2014,
See also attachment 12: Further Statement in Support of Waiver Request and Grant of Application (Waiver Request)
and Clarification of Further Statement in Support of Waiver Request and Grant of Application (Clarification
2 Waiver Request at 1.
3 47 C.F.R. § 74.709.
4 Waiver Request at 1.
5 47 C.F.R. § 74.709(d)(3). The protected contours for the land mobile radio service are 130 kilometers from the
coordinates in the table in paragraph (a). 47 C.F.R. § 74.709(b).
6 Waiver Request at 1.
“a grant of the WLIG-LP digital channel 17 proposal will afford the channel 16 land mobile service
significantly more interference protection” than the current analog channel 17 operation.8
Specifically, WLNY states that “in actuality the flashcut to digital channel 17 with a full service
mask filter together with the existing multi-section filter now used by the station, will dramatically
decrease out-of-band emissions to the adjacent channel 16 spectrum and will afford the channel 16 land
mobile service significantly greater protection against interference than currently exists.”9 WLNY asserts
that “FCC rules recognize that the out-of-band emissions 3 MHz from the LPTV channel band edge in the
land mobile band are reduced 76 dB for digital LPTV operations compared to 60 dB for analog LPTV
operations – a further reduction of 16 dB.”10
Further, WLNY states that “if we consider the current
analog radiated power of the LPTV station in the land mobile spectrum to be 100%, the proposed change
to digital will reduce that radiated power to 2.5%”11 and maintains that the “decrease in emissions will
provide the land mobile service significantly greater interference protection than that which exists based
on WLIG-LP’s current analog operation.”12
WLNY concludes that granting its proposal “will enhance the interference protection for the
channel 16 land mobile service [and therefore] has no downside and is risk-free for all parties.”13
asserts that “if interference ever occurs, WLIG-LP, as a secondary service, will be required to eliminate
the interference or cease operations” and that “FCC can condition the WLIG-LP construction permit to
require the station to 1) eliminate interference or cease operation should interference ever occur and 2)
install and operate with a full service mask filter and multi-section filter.”14
In support of its waiver request, WLNY submitted, an engineering analysis (Exhibit 13) which
indicates that “the proposed WLIG-LP digital facility is identical [to] its licensed analog facility in terms
of frequency, ERP, antenna system and site location.”15
Accordingly, we invite comment and analysis on the impact of the WLNY’s waiver request on
the land mobile service on the adjacent channel 16 in the New York metropolitan area.16
Comments filed through the ECFS can be sent as an electronic file via the Internet to http://
www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. If multiple
docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must
transmit one electronic copy of the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal
Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters
should send an e-mail to firstname.lastname@example.org, and should include the following words in the body of the
message, “get form.” A sample form and directions will be sent in reply.
8 See id.
10 Clarification Request at 1. See also 47 C.F.R. §§ 74.736(c)(3) [analog] and 74.794(a)(2)(ii) [digital].
11 Clarification Request at 1.
15 Id. See also Waiver Request at 1.
16 See 47 C.F.R. § 90.303(c).
Parties who choose to file by paper must file an original and one copy of each filing. If more than
one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
-Deliver hand-delivered or messenger-delivered paper filings to FCC Headquarters at 445 12th St.,
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Parties are requested to send one copy of their comments and reply comments to Best Copy and
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3160, e-mail FCC@BCPIWEB.com.
The request, and comments and reply comments filed in response to this Public Notice are
available for viewing via the Commission's Electronic Comment Filing System (ECFS) by entering the
docket number, 14-108. The documents also will be available for public inspection and copying during
business hours in the FCC Reference Information Center, Portals II, 445 12th Street S.W., Room CY-
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telephone (800) 378-3160, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail
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This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with
the Commission's ex parte rules.17 Persons making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral
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page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them
in the memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
17 See 47 C.F.R. §§ 1.1200(a), 1.1206.
electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission’s ex parte rules.
For further information, contact Mr. Hossein Hashemzadeh of the Video Division, Media Bureau
at (202) 418-1658 (voice), (202) 418-7233 (tty), or via e-mail to Hossein.Hashemzadeh@fcc.gov, or Ms.
Uche Patrick of the Policy and Licensing Division, Public Safety and Homeland Security Bureau at (202)
418-2518 (voice), (202) 418-7233 (tty), or via e-mail to Uche.Patrick@fcc.gov.
By the Deputy Chief, Media Bureau and Deputy Chief, Public Safety and Homeland Security
- FCC -
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