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WNKY-DT, Bowling Green, KY

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Released: December 15, 2009
Federal Communications Commission
Washington, D.C. 20554

DA 09-2593
Released: December 15, 2009

Benjamin D. Arden
Counsel for MMK License LLC
1666 K St., N.W.
Suite 1200
Washington, D.C. 20006
Re:
MB Docket No. 05-317
Dear Mr. Arden:
By letter dated October 14, 2009, MMK License LLC “(Max Media”), licensee of WNKY-DT,
Bowling Green, Kentucky requested an extension of its waiver of Section 339(a)(2)(D) of the
Communications Act of 1934, as amended, to prohibit satellite subscribers from receiving or conducting a
digital signal strength test of WNKY-DT’s digital signal.1 The Commission granted the original digital
signal testing waiver based on the fact that no satellite carrier is providing the retransmission of the
analog signals of local broadcast network stations in WNKY’s market.2 The Commission has granted the
licensee four six-month extensions.3 In its most recent extension request, the licensee states that the
situation remains unchanged and no satellite carrier is offering local-into-local satellite service in
WNKY’s market.4 We note that the provisions regarding distant signal carriage in SHVERA expire on
December 31, 2009.5 Therefore, we will extend the waiver until that date.
Accordingly, IT IS ORDERED that Max Media’s request IS GRANTED and the first permissible
date for digital testing for WNKY-DT IS EXTENDED until January 1, 2010.
Sincerely,
Barbara A. Kreisman
Chief, Video Division
Media Bureau


1 See 47 U.S.C. § 339 (a)(2)(D)(viii), as amended by Section 207 of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 (“SHVERA”), 47 U.S.C. § 339.
2 See Waiver of Digital Testing Pursuant to the Satellite Home Viewer Extension and Reauthorization Act of 2004,
22 FCC Rcd 12918, 12923 (MB 2007).
3 See Waiver of Digital Testing Pursuant to the Satellite Home Viewer Extension and Reauthorization Act of 2004,
23 FCC 396, 399 (MB 2008); Letter to Benjamin D. Arden, DA 08-1275 (June 6, 2008); Letter to Benjamin D.
Arden, DA 08-2560 (December 15, 2008); Letter to Benjamin D. Arden, DA 09-1229 (June 2, 2009).
4 WNKY is in the Bowling Green Kentucky DMA.
5 See 17 U.S.C. § 119 note.

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