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Order Dismissing Pending Requests for New Analog TV Stations

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Released: October 14, 2011

Federal Communications Commission DA 11-1697

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Pending Applications and Pleadings Related to
)
Proceedings for New Analog Full-Power
)
Television Stations for Communities
)
In Several States
)

ORDER

Adopted: October 12, 2011

Released: October 14, 2011

By the Chief, Video Division:
1.
On June 12, 2009, pursuant to statutory mandate, full power television stations completed
their transition from analog to digital service, and the full power analog television service terminated.1
For this reason, this Order dismisses the following applications and pleadings seeking new analog full
power television station licenses and channel allotments (collectively the "Analog Proceedings"): (1)
applications for new full-power analog television station construction permits; 2 and (2) petitions for
reconsideration of dismissals or denials of such applications.3
2.
In the Balanced Budget Act of 1997 Congress added a new section to the
Communications Act of 1934, as amended (the "Act"), prohibiting the FCC from renewing analog full
power television broadcast licenses to authorize operation beyond a specified digital television transition
date, subject to extension under certain circumstances.4 Later, Congress again amended the Act, adding a
provision obligating the Commission to take affirmative steps to ensure that all analog full power
television stations cease broadcasting, and terminate their licenses, by the June 12, 2009 digital television
transition deadline.5 Specifically, the statute mandated that the Commission "require cessation of


1 See infra, para. 2. Although Congress established a deadline for the full power television station digital transition,
the statutory deadline did not apply to low power television stations, which do not need to complete their digital
conversion until 2015. For this reason, this Order only addresses applications and pleadings ultimately seeking an
analog full service television station. 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, MB Docket No. 03-185, 1, 2 FCC 11-110 (rel. July 15, 2011).
2 Appendix A lists these pending matters.
3 Appendix B lists these pending matters.
4 Pub. L. No. 105-33, 3003 (1997), codified as 47 U.S.C. 309(j)(14)(A). The Balanced Budget Act of 1997 set
December 31, 2006 as the digital television transition deadline.
5 The Digital Television Transition and Public Safety Act of 2005 (DTV Transition Act), which is Title III of the
Deficit Reduction Act of 2005, Pub. L. No. 109-171, 3002(b)(1) (2006). In the DTV Transition Act Congress
extended the digital transition deadline to February 17, 2009, Pub. L. No. 109-171, 3002(a)(1), and then to June
12, 2009 in the DTV Delay Act, Pub. L. No. 111-4, 3002(a)(1), both codified as 47 U.S.C. 309 Note.

Federal Communications Commission

DA 11-1697

broadcasting by full-power stations in the analog television service" by the deadline.6 Because these
statutory provisions preclude us from issuing the authorizations ultimately sought in the Analog
Proceedings, we dismiss the Analog Proceedings.
3.
Our action here follows naturally from years of prior notices that the analog service
would be terminated. When the Analog Proceeding applicants initiated their proceedings in 1996, along
with numerous others seeking analog facilities (collectively the "1996 Analog Applicants"),7 the
Commission had already explicitly stated that it would eventually terminate the analog service.8 Shortly
thereafter, the Balanced Budget Act of 1997 selected December 31, 2006 as the first in a series of
Congressionally-mandated termination dates.9 In addition to knowing that only digital operations would
be allowed past the termination date, the Analog Proceeding applicants knew that they would not be
issued an initial companion digital allotment. Prior to the Analog Proceeding filings, the
Telecommunications Act of 1996 required the FCC to limit eligibility for initial digital allotments to
entities that held an analog authorization (a license or construction permit).10 Thus, in its initial proposed
DTV Table of Allotments, the agency provided a paired 6 MHz digital channel only to those entities
holding an analog authorization as of April 3, 1997.11
4.
Nevertheless, the Commission attempted to provide the 1996 Analog Applicants with
digital facilities. First, in reconsidering the Fifth Report and Order in 1998, the Commission allowed the
1996 Analog Applicants granted a construction permit after April 3, 1997 to construct digital facilities on
their analog channels immediately, or to convert to digital service at a later date prior to the transition.12


6 DTV Transition Act, 3002(b)(2).
7 The Commission set July 25, 1996 as the deadline to file a petition for rule making for a new analog channel
allotment, and September 20, 1996 as the deadline to file an application for a new analog television station. See
Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service (Advanced TV),
Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968, 10992 (1996) (Sixth FNPRM). This created a
rush of filings, of which the Analog Proceeding applicants comprise a subset.
8 In 1992 and again in 1995, well before passage of the Balanced Budget Act of 1997, the Commission proposed the
creation of a firm DTV transition date, after which it would no longer issue analog permits. See Advanced TV,
Second Report and Order/Further Notice of Proposed Rule Making, 7 FCC Rcd 3340, 3353-55 (1992) (establishing
a tentative conversion date 15 years from the later of the date of adoption of a digital television standard or a final
Table of Digital Allotments). See also Advanced TV, Fourth Further Notice of Proposed Rule Making and Third
Notice of Inquiry
, 10 FCC Rcd 10540, 10545 (1995) (Fourth Further Notice).
9 See n. 4 supra.

10 47 U.S.C. 336(a)(1); see also Advanced TV, Fifth Report and Order, 12 FCC Rcd 12809, 12814-15
(1997)(Fifth Report and Order)(implementing the initial DTV allotment eligibility requirements). Indeed, for years
prior to the Act's passage, the Commission had proposed limiting initial eligibility to entities holding existing
authorization. See Advanced TV, Second Further Notice of Proposed Rule Making, 7 FCC Rcd 5376 (1992);
Fourth Further Notice, 10 FCC Rcd at 10545; Sixth FNPRM, 11 FCC Rcd at 10972-73.
11 See Advanced TV, Sixth Report and Order, 12 FCC Rcd 14588 (1997) (establishing initial DTV Table of
Allotments); Fifth Report and Order at 12892, app. E (1997) (announcing DTV channel assignments for eligible
authorization holders).
12 See Advanced TV, Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order, 13 FCC
Rcd 6860, 6863-66 (1998). Thus, the FCC did not award these permittees a second channel to convert to digital,
instead allowing them to convert to digital on their single 6 MHz channel. See also Second Periodic Review, 19
FCC Rcd at 18308, 66 (reiterating that upon receiving a construction permit, an analog applicant would have the
option of commencing either analog or digital operations, but must commence digital operations at the end of the
transition).
2

Federal Communications Commission

DA 11-1697

Subsequently, in the draft final DTV Table of Allotments proposed in 2006, the FCC included digital
allotments for several dozen of the 1996 Analog Applications that were not eligible for a paired digital
channel in the initial DTV Table of Allotments.13 Additionally, in that 2006 Notice the Commission
announced a method by which it would assign digital channels to analog applicants receiving grant before
adoption of a final DTV Table of Allotments, as well as those receiving grant after adoption of a final
DTV Table, but before the end of the transition. Finally, in that Notice the FCC warned that "in all
situations, the Commission would only act to make allotment decisions once an application was granted
and there was a new permittee."14 The Analog Proceedings being dismissed here represent the relatively
small number of 1996 Analog Applicants who did not secure a construction permit before the June 2009
analog termination. Because the digital transition date has now passed and we are statutorily-prohibited
from granting the analog authorizations ultimately being sought in the Analog Proceedings, we dismiss
them.
5.
Accordingly, IT IS ORDERED that the Analog Proceedings listed in the attached
Appendices A and B ARE HEREBY DISMISSED.
6.
This action is taken pursuant to authority delegated by Section 0.283 of the
Commission's rules, 47 C.F.R. 0.283.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau





13 Advanced TV, Seventh Further Notice of Proposed Rule Making, 21 FCC Rcd 12100, 12118 (2006).
14 Id.
3

Federal Communications Commission

DA 11-1697

APPENDIX A

Pending Applications for New Full Power Analog Television Stations

APPLICANT NAME

STATE

CITY

FILE NUMBER

JEREMY LANSMAN & CAROL SCHATZ
AK
FAIRBANKS
BPCT-19960917KG
TANANA VALLEY TV COMPANY
AK
FAIRBANKS
BPCT-19960920LC
COLINA ALTA BROADCASTING, LLC
AK
FAIRBANKS
BPCT-19960920YE
FAIRCO BROADCASTING
AK
FAIRBANKS
BPCT-19970331KQ
ACTS II EDUCATIONAL CORP., INC.
AL
DOTHAN
BPET-19960920KM
COMMUNITY TELEVISION EDUCATORS, INC.
AL
DOTHAN
BPET-19970331LQ
SECOND BAPTIST CHURCH
AR
HOT SPRINGS
BPET-19960520KE
COMMUNITY TELEVISION EDUCATORS
AR
HOT SPRINGS
BPET-19960923KH
BROADCASTING FOR THE CHALLENGED, INC.
AR
HOT SPRINGS
BPET-19961001KG
KALEIDOSCOPE FOUNDATION, INC.
AR
RUSSELLVILLE
BPET-19960711LJ
THE AMERICAN LEGACY FOUNDATION
AZ
COOLIDGE
BPET-19960710LC
LAKE POWELL TV ASSOCIATION
AZ
PAGE
BPET-19960710KR
BD. OF TRUSTEES, CAL. STATE UNIV. FOR SAN DIEGO
STATE UNIV.
CA
BRAWLEY
BPET-19960920WU
NORTHERN CALIFORNIA PUB TV
CA
REDDING
BPET-19960920WN
BLACK HAWK COLLEGE
IA
DAVENPORT
BPET-19960710LA
JACK I. GARTNER
IA
DAVENPORT
BPCT-19961001KU
IOWA PUBLIC BROADCASTING BOARD
IA
DES MOINES
BPET-19960508KE
GLOBAL ED. DEVELOPMENT, INC.
IA
DES MOINES
BPET-19960709KT
FAMILY EDUCATIONAL BROADCASTING, INC.
IA
DES MOINES
BPET-19960715KG
COMMUNITY TELEVISION, INC.
IA
DES MOINES
BPET-19960724KM
MEDIA PROPERTIES LTD, PARTNERSHIP
ID
POCATELLO
BPCT-19960919KH
RETLAW ENTERPRISES, INC.
ID
POCATELLO
BPCT-19960919LC
HARRIS BROADCASTING COM
ID
POCATELLO
BPCT-19970328KF
INDEPENDENT SCHOOL DIST #492
MN
WINONA
BPET-19960725KX
LIVING LIGHT, INC.
MN
WINONA
BNPET-20010220AAT
EDUCATIONAL BROADCASTERS ASSOCIATION
MN
WINONA
BNPET-20010220AAU
THE ARUNDEL GROUP
MN
WINONA
BNPET-20010220AAV
MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION
MS
CLARKSDALE
BPET-19960919KK
COMMUNITY TELEVISION EDUCATORS, INC.
MS
CLARKSDALE
BPET-19970331SD
MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION
MS
COLUMBIA
BPET-19960724KR
MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION
MS
HATTIESBURG
BPET-19960724KS
KB PRIME MEDIA LLC
MS
WIGGINS
BPCT-19960920LV
MEDIA PROPERTIES, LTD PARTNERSHIP
MT
BILLINGS
BPCT-19960919KI
RAPID BROADCASTING COM
MT
BILLINGS
BPCT-19970331KF
MERIDIAN COMMUNICATIONS OF MONTANA, INC.
MT
BILLINGS
BPCT-19970331KJ
BILCO BROADCASTING
MT
BILLINGS
BPCT-19970331KU
STEVEN K. BRUGGEMAN
MT
BILLINGS
BPCT-19970331LV
JJJH, LLC, A DELAWARE LIMITED
MT
BILLINGS
BPCT-19970331LZ
WXXI PUBLIC BROADCASTING COUNCIL, INC.
NY
ROCHESTER
BPET-19960228KF
FAITH PLEASES GOD CHURCH CORPORATION
TX
BIG SPRING
BPET-19960726KL
FAITH PLEASES GOD CHURCH CORPORATION
TX
SAN ANGELO
BPET-19960726KI
UNIVERSITY OF UTAH
UT
VERNAL
BPET-19960705KJ
DAVIS TELEVISION FAIRMONT, LLC
WV
FAIRMONT
BPCT-19960920IY
MARRI BROADCASTING, LP
WV
FAIRMONT
BPCT-19960920KS
4

Federal Communications Commission

DA 11-1697

APPENDIX B

Pending Petitions for Reconsideration of Previous Dismissals

Or Denials of New Analog Television Station Applications

APPLICANT NAME

STATE

CITY

FILE NUMBER

FAITH PLEASES GOD CHURCH CORPORATION
AZ
NOGALES
BPET-19960726KQ
COMMUNITY TELEVISION EDUCATORS
AZ
NOGALES
BPET-19961118KG
BROADCASTING FOR THE CHALLENGED, INC.
AZ
NOGALES
BPET-19961119KH
NORTHERN CALIFORNIA PUB TV
CA
WEAVERVILLE
BPET-19960920KV
NATCHEZ TRACE BROADCASTING COMPANY
MS
JACKSON
BPCT-19960710KU
PAPPAS TELECASTING OF AMERICA
OH
DEFIANCE
BPCT-19960722KK
PAPPAS TELECASTING OF AMERICA, A CALIFORNIA L.P.
OH
XENIA
BPCT-19960722KP
FAITH PLEASES GOD CHURCH CORPORATION
TX
DEL RIO
BPET-19960726KM
5

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