> **DA 06-1389**

**Released: July 6, 2006**

GOCOM Media of Illinois, LLC

c/o Joseph M. DiScipio, Esq.

Fletcher, Heald & Hildreth, PLC

1300 N. 17^th^ Street

Arlington, Virginia 22209

Re: *Applications for Assignment of Licenses*

WRSP-TV, Springfield, Illinois; Fac. ID No. 62009

WCCU(TV), Urbana, Illinois; Fac. ID No. 69544

File Nos. BALCT-20060508ABU-ABV

*Request for Continuing Satellite Authorization*

WCCU(TV), Urbana, Illinois

Dear Counsel:

This is in reference to the above-captioned applications for assignment
of licenses from Springfield Broadcasting Partners to GOCOM Media of
Illinois, LLC ("Assignee). As part of this transaction, the assignee
requests continuing satellite authority for WCCU(TV), Urbana, Illinois,
which operates as a satellite of WRSP-TV, Springfield, Illinois,
pursuant to the satellite exemption to the duopoly rule. *See* 47 C.F.R.
§ 73.3555, Note 5. Both stations are located within the
Champaign-Springfield-Decatur, Illinois DMA.

In *Television Satellite Stations*, 6 FCC Rcd 4212, 4215 (1991)
(subsequent citations omitted), the Commission established the
requirement that all applicants seeking to transfer or assign satellite
stations justify continued satellite status by demonstrating compliance
with a three-part \"presumptive\" satellite exemption standard
applicable to new satellite stations. The presumptive satellite
exemption is met if the following three public interest criteria are
satisfied: (1) there is no City Grade overlap between the parent and the
satellite; (2) the proposed satellite would provide service to an
underserved area; and (3) no alternative operator is ready and able to
construct or to purchase and operate the satellite as a full-service
station. *Id.* at 4213-14. If an applicant does not qualify for the
presumption, the Commission will evaluate the proposal on an *ad hoc*
basis, and grant the application if there are compelling circumstances
that warrant approval. *Id.* at 4212.

As to the first criterion, the assignee has submitted an engineering
study, which demonstrates that there is no City Grade contour overlap
between WRSP-TV and WCCU(TV). Thus, the proposed satellite operation
meets the first component of the presumption. With respect to the second
criterion, applicants can use two different tests to demonstrate that an
area is underserved. Under the "transmission test" a proposed satellite
community of license is considered underserved if there are two or fewer
television stations already licensed to it. *Id.* at 4215. The assignee
asserts that only two full service stations are licensed to Urbana,
WCCU(TV) and noncommercial educational television station WILL-TV, which
is licensed to the University of Illinois. Accordingly, Urbana qualifies
as an underserved area, thereby satisfying the second component of the
presumption.

Regarding the third criterion, an applicant must show that no
alternative operator is ready and able to construct, or to purchase and
operate, the proposed satellite as a full-service station. *Id.*
Initially, we note that the assignee does not base its satisfaction of
the third criteria on efforts to sell station WCCU(TV). In support of
the continuing waiver request, the assignee asserts that when the
Commission originally granted satellite status to WCCU(TV) in 1988 it
found that "allowing WRSP-TV and WCCU to operate together may offer the
only opportunity for the stations to enhance their financial viability
and to compete effectively in a competitive market." *See Springfield
Independent Television Company, Inc*., 3 FCC Rcd 1606, 1607 (1988).
Moreover, the assignee submits an Economic Viability Study from Mr. W.
Lawrence Patrick, President of Patrick Communications, LLC, a media
investment banking and brokerage firm established in 1984. Mr. Patrick
states that in recent years his firm has handled the sale of over 60
television stations and rendered appraisal and expert opinion reports on
another 75 stations, with the total value of these transactions and
appraisals exceeding \$1.5 billion. According to Mr. Patrick, WCCU(TV)
will never be able to function as a viable, stand-alone station.

In this regard, Mr. Patrick states that due to WCCU(TV)'s limited
coverage area, lack of programming options, and the general weakness in
the market for television stations outside of large group transactions,
there would be no knowledgeable, qualified buyers of television stations
who would be interested in WCCU(TV) as a stand-alone station. He further
states that any efforts to sell the station as a stand-alone operation
would be futile. Specifically, Mr. Patrick states that WCCU(TV) has the
worst stand-alone signal coverage of any of the stations in the
Champaign-Springfield-Decatur DMA. He indicates that WCCU(TV)'s
community of license, Urbana, is not one of the three primary population
centers of the DMA and the station's Grade B signal covers less than 35%
of the population of the DMA. In addition, as a stand-alone station, Mr.
Patrick explains that WCCU(TV)'s programming options would be extremely
limited. He asserts that the four most economically viable networks
(ABC, CBS, NBC and Fox) are already present in the market.[^1] Moreover,
Mr. Patrick states that merging networks UPN and WB are also present in
the market and it has been reported that affiliation with their
successor network, CW, will go to WBUI-TV, Decatur, Illinois. Mr.
Patrick asserts that WCCU(TV)'s remaining programming options, operating
as a Spanish-language, religious or independent station, would not be
economically viable due to the limited coverage area and the low
Hispanic population (2.3%) in the market.

Based on our review of the materials submitted, we find that the
assignee has set forth information sufficient to warrant continued
satellite operation for WCCU(TV) under our *ad hoc* analysis. Station
WCCU(TV) has operated as a satellite of station WRSP-TV for the past 18
years, and the assignee has submitted further evidence demonstrating the
unfeasibility of finding a purchaser willing to operate the station on a
stand alone basis. We, therefore, find that the continued operation of
WCCU(TV) as a satellite of WRSP-TV would be in the public interest. In
view of the foregoing, and having determined that the assignee is
qualified in all respects, we find that a grant of the above-referenced
application would serve the public interest, convenience and necessity.

**ACCORDINGLY**, the request of GOCOM Media of Illinois, LLC for the
continued operation of WCCU(TV), Urbana, Illinois, pursuant to the
satellite exception to the duopoly rule, Section 73.3555, Note 5, of the
Commission's rules, **IS GRANTED**. **FURTHERMORE**, the
above-referenced applications for consent to assign the licenses for
WRSP-TV, Springfield, Illinois and WCCU(TV), Urbana, Illinois to GOCOM
Media of Illinois LLC **ARE GRANTED**.

> Sincerely,
>
> Barbara A. Kreisman
>
> Chief, Video Division
>
> Media Bureau

[^1]: WRSP-TV is the Fox affiliate.