**DA 07-1847**

**April 25, 2007**

**DTV Transition - Approval of "Flash Cut" Requests**

By this Public Notice, the Media Bureau grants the requests of 32
stations that validly elected during the digital television ("DTV")
channel election process to surrender their pre-transition DTV channel,
continue to operate in analog on their analog channel, and then "flash
cut" (*i.e*., change directly from analog operations on their analog
channel to digital operations on a digital channel) by the end of the
DTV transition.[^1] We find that the stations listed in the attached
Appendix meet the flash cut criteria established in the *Second DTV
Periodic Review Report and Order*[^2] and are approved to turn off or
discontinue construction of their pre-transition DTV channel.

Congress has established February 17, 2009 as the deadline for the end
of the DTV transition, when full-power stations must cease analog
transmissions.[^3] In the *Second DTV Periodic Review Report and Order*,
the Commission adopted a multi-step channel election process for
full-power TV broadcast licensees and permittees (hereinafter
"licensees") to select their ultimate DTV channel inside the core TV
spectrum (*i.e*., channels 2-51).[^4] The Commission also delegated to
the Media Bureau the authority to grant flash cut requests made by
stations during the channel election process.[^5]

In the *Second DTV Periodic Review Report and Order*, the Commission
decided to permit two categories of stations to flash cut. First, the
Commission concluded it was in the public interest to allow satellite
stations[^6] to flash cut because they generally have an insufficient
economic base to support construction of separate digital facilities and
operation of both analog and digital stations concurrently.[^7] The
Commission also concluded that construction and operation of out-of-core
channels are costly and potentially wasteful over the long-term given
that all out-of-core DTV facilities must cease broadcasting at the end
of the transition. The Commission found that allowing stations with an
out-of-core channel to flash cut would be consistent with
the significant public interest in rapid band-clearing and would lead to
a reduction in unwarranted expenses.[^8]

Consequently, the *Second DTV Periodic Review Report and Order*
authorized stations to elect to flash cut during the channel election
process if certain criteria were met.[^9] Specifically, satellite
stations were permitted to flash cut because of their unique status and
circumstances.[^10] In addition, stations with out-of-core DTV channels
were permitted to flash cut, provided the station demonstrated that
grant of the request would not result in the loss of a DTV channel
affiliated with one of the four largest national television networks
(ABC, CBS, NBC, or Fox).[^11] The Commission stated that this
presumption was neither conclusive nor dispositive, and that special
circumstances raised by the resulting loss of digital broadcast service
could be sufficient to rebut the presumption.[^12] In addition, if a
station did not meet the presumption, the Commission stated that the
flash cut request would be considered based on all relevant public
interest factors, including advancement of the provision of wireless and
public safety services, the acceleration of the DTV transition, and the
loss of broadcast service.[^13]

We find that the stations listed in the attached Appendix meet the flash
cut criteria established in the *Second DTV Periodic Review Report and
Order*. The Appendix includes (1) satellite stations, (2) stations with
out-of-core DTV channels that met the presumption condition, and (3) one
station affiliated with a top-four network whose pre-transition digital
channel assignment is out-of-core.[^14] We find that this station
offered an appropriate public interest showing to justify its request to
flash cut on its analog channel. Specifically, grant of this flash cut
request creates an opportunity for new wireless services to become
available in the market area served by this station.[^15] We also find
that there is no actual loss of broadcast service to the public because
this station has not built its digital facility on out-of-core channel
55.

Accordingly, the stations listed in the Appendix are granted permission
to discontinue broadcasting on, or discontinue construction of, their
pre-transition DTV facilities in accordance with the procedures set
forth in the Commission's rules.[^16]

In order to further facilitate the transition, we also invite any other
station to request to flash cut if it meets the criteria established in
the *Second DTV Periodic Report and Order* (as discussed above).[^17]
Stations requesting flash cut approval should do so in accordance with
the Commission's rules concerning license modification and
discontinuance of operations.[^18] Consistent with these rules, stations
may declare their intent to flash cut by sending a letter to the Video
Division of the Media Bureau and an e-mail to <flashcut@fcc.gov>.

For additional information, contact; Nazifa Sawez,
<Nazifa.Sawez@fcc.gov>, of the Media Bureau, Video Division, (202)
418-1600 or Kim Matthews, <Kim.Matthews@fcc.gov>, of the Media Bureau,
Policy Division, (202) 418-2154.

\- FCC -

[^1]: "Flash cut" here refers to a station that gives up its
    pre-transition DTV channel and transitions to digital service either
    on its analog channel or on a newly allotted channel. We note that
    the request from Paxson Batavia License, Inc., licensee of WPXJ(TV),
    Batavia, NY, to surrender its DTV Channel 53, and flash-cut on its
    NTSC Channel 51, was previously approved. *See* Letter, DA 05-2224,
    20 FCC Rcd. 13,388 (MB Aug. 1, 2005).

[^2]: *Second Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, MB Docket No.
    03-15, Report and Order, 19 FCC Rcd 18279, 18321-18323, ¶¶ 95-97,
    18325, ¶¶ 102-104 (2004) ("*Second DTV Periodic Review Report and
    Order*").

[^3]: *See* Digital Television and Public Safety Act of 2005 ("DTV
    Act"), which is Title III of the Deficit Reduction Act of 2005, Pub.
    L. No. 109-171, 120 Stat. 4 (2006) ("DRA"), codified at 47 U.S.C. §§
    309(j)(14) and 337(e).

[^4]: *Second DTV Periodic Review Report and Order*, 19 FCC Rcd at
    18292, ¶ 33. *See also Advanced Television Systems and Their Impact
    upon the Existing Television Broadcast Service*, MB Docket No.
    87-268, Seventh Further Notice of Proposed Rule Making, 21 FCC Rcd
    12100 (2006) ("*Seventh FNPRM*") (proposing a new DTV Table of
    Allotments ("DTV Table") and reference facilities for stations'
    post-transition operations ("Appendix B facilities")).

[^5]: *Second DTV Periodic Review Report and Order*, 19 FCC Rcd at
    18322, ¶ 95.

[^6]: TV satellite stations are full-power broadcast stations authorized
    under Part 73 of the Commission's rules to retransmit all or part of
    the programming of a parent station that is typically commonly
    owned. Eligible satellite stations were assigned a paired DTV
    channel in the current DTV Table. The *Second DTV Periodic Review
    Report and Order* recognized that most satellite stations operate in
    small or sparsely populated areas that have an insufficient economic
    base to support full-service operations. *Id*. at 18323-18324, ¶ 98.

[^7]: *Id*. at 18324, ¶ 100.

[^8]: *See id. at* 18322, ¶ 95.

[^9]: *See id*. at 18322, ¶ 95 and 18325, ¶ 102.

[^10]: *Id.* at 18325, ¶ 102.

[^11]: The Commission has "consistently relied on affiliates of the four
    largest national television networks to achieve the necessary
    milestones throughout the DTV transition." *Id.* at 18322, ¶ 95.

[^12]: *Id*. at 18323, ¶ 96.

[^13]: *Id*.

[^14]: Lilly Broadcasting, LLC, licensee of WENY-TV, channel 36, and
    permittee of unbuilt WENY-DT, channel 55, requested flash cut
    permission for WENY, an ABC affiliate.

[^15]: With the grant of this flash cut request, WENY will vacate
    channel 55. QUALCOMM Incorporated holds licenses for Channel 55
    spectrum. Approval of this request to flash cut will allow
    QUALCOMM\'s wholly-owned subsidiary, MediaFLO USA, Inc., to expand
    its "mediacast" service coverage in the New York market without
    having to protect WENY-DT on co-channel 55. *See* Public Notice,
    "Wireless Telecommunications Bureau Grants Lower 700 MHz Band
    Licenses; Auction Event No. 49," 18 FCC Rcd 25724 (WTB 2003).

[^16]: Section 73.1750 requires stations to notify the Commission by
    letter of the permanent discontinuance of operation at least two
    days before operation is discontinued. 47 C.F.R. § 73.1750. As the
    station license covers both analog and DTV service, we will not
    require a station electing to flash cut and to discontinue DTV
    service to return its license or other instruments of authorization
    to the Commission as would be required if the station were to cease
    all broadcast operation. *Id*. In addition, stations electing to
    discontinue digital operations pre-transition and operate only in
    analog for the remainder of the transition must provide notice to
    the public of the discontinuance of digital service as required by
    Section 73.3580(d)(3). 47 C.F.R. § 73.3580(d)(3). The flash cut
    permission granted herein pertains only to the enumerated stations
    and only with respect to the pre-transition digital channels listed
    on the attached Appendix.

[^17]: In interim since the adoption of the *Second DTV Periodic Report
    and Order,* Congress enacted the February 17, 2009 hard deadline for
    the transition from analog to digital full power television service.
    *See, supra*, note 3. Allowing additional stations to request
    authority to flash cut will help to meet this firm statutory
    deadline. At this time, stations are eligible to flash cut under the
    *Second DTV Periodic Report and Order* if they are (1) stations with
    an out-of-core digital channel or (2) satellite stations whose
    pre-transition channel is not their post-transition channel. *Second
    DTV Periodic Report and Order*, 19 FCC Rcd at 18321-18323, ¶¶ 95-97,
    18325, ¶¶ 102-104. Consistent with the criteria established in the
    *Second DTV Periodic Review Report and Order*, flash cut approval
    for non-satellite stations assigned an out-of-core DTV channel is
    presumed to be in the public interest if the station shows grant of
    the request would not result in the loss of a DTV channel affiliated
    with one of the four largest national television networks (ABC, CBS,
    NBC, or Fox). If a station does not meet the presumption condition,
    we will consider all the relevant public interest factors in
    deciding whether to approve the request. These factors include the
    advancement of the provision of wireless and public safety services,
    the acceleration of the DTV transition, and the loss of broadcast
    service. Stations that have been admonished by the Commission do not
    qualify for the presumption condition. *Id*. Determination of other
    criteria that justify permission to flash cut is a matter that in
    the future may be considered by the Commission.

[^18]: *See* 47 C.F.R. §§ 73.1690(b) (modification of license or
    authorization) and 73.1750 (discontinuance of operations). *See
    also* note 16*, supra.*