> DA 08-1856

July 08, 2008

Michael E. Carosella

QUALCOMM Incorporated

5775 Morehouse Drive

San Diego, CA 92121

Re: WPZA237, Savannah, GA

ULS File No. 0003275246

Dear Mr. Carosella,

On January 3, 2008, you filed an FCC Form 601 application for
modification of station WPZA237, seeking authorization to operate on TV
Channel 55 in the Savannah, Georgia area.[^1] Your application
incorporates broadcaster consent, pursuant to section 27.60(b)(1)(iv) of
the Commission's rules.[^2] This rule section permits a 700 MHz Band
licensee to obtain the written concurrence of a co-channel or adjacent
channel TV/DTV broadcaster, whereby the incumbent broadcaster consents
to accept higher levels of interference than the rule otherwise permits,
subject to Commission approval.[^3]

Your application includes a copy of a consent agreement between QUALCOMM
Incorporated ("QUALCOMM") and Sunbelt-South Telecommunications Ltd.,
("Sunbelt-South"), licensee of WSST-TV, channel 55, in Cordele, Georgia.
In the agreement, Sunbelt-South has agreed to accept potential
interference to the population in the Grade B contour of WSST-TV's
licensed facilities (BLCT-19890807KI). We note that this interference
represents the total amount of interference that WSST-TV will experience
from QUALCOMM's proposed operations in the Savannah, Georgia area, as
well as other previously or concurrently authorized QUALCOMM facilities,
and that Sunbelt-South's consent covers QUALCOMM's operations in all
contributing markets. QUALCOMM will operate in Savannah, Georgia from
multiple sites.

For the reasons discussed below, we find that grant of the application
is in the public interest.[^4] First, our approval of the application
will allow QUALCOMM to deploy its MediaFLO ("forward link only")
technology, a "mediacast" service capable of delivering many channels of
multimedia content to third generation ("3G") wireless phones. According
to QUALCOMM, which holds licenses for Channel 55 (Block D in the Lower
700 MHz Band) covering the entire nation, MediaFLO initially will
provide up to fifteen live streaming video program channels, numerous
video "clip cast" channels from which subscribers can choose video clips
for viewing on-demand, and numerous audio channels.[^5] QUALCOMM states
that MediaFLO will be available at "mass market" prices for most of the
nation's over 194 million mobile phone customers, and that it will spur
the development of new content and new technologies.[^6] QUALCOMM also
intends that the network will carry local programming and core public
interest program content such as breaking news, weather, and public
affairs, as well as maintain network capability to disseminate emergency
alert information, in both visual (including textual) and auditory form.
QUALCOMM further states that its MediaFLO technology offers distinct
efficiency and cost advantages in delivering content to a large mobile
subscriber base, as compared to cellular and higher-frequency based
systems. Moreover, as QUALCOMM notes, MediaFLO will be affordable,
readily available and will stimulate new development on a large scale
within the emerging technology of mobile video.[^7] Given that
QUALCOMM's business plan calls for an investment of \$800 million, grant
of this application will contribute to the growth of the American
economy.[^8]

Second, while WSST-TV is the sole station licensed to Cordele, the
entire loss area will continue to receive service from WSST-DT.[^9] Only
21 people who live in the area of agreed-upon interference also live in
WSST-TV's home DMA of Albany, Georgia. In addition, virtually all of the
area of agreed-upon interference will continue to be served by at least
five and as many as 12 other television services.[^10] Finally, cable
and satellite penetration in the Albany, Georgia DMA, as well as the
adjacent Columbus and Macon DMAS, is high, at 93%, 92.3% and 91%,
respectively.

Accordingly, we believe that the public interest will be served by a
grant of QUALCOMM's application, conditioned upon operating within the
technical parameters specified in the application, and in accordance
with the Sunbelt-South Agreement. Any changes to the technical
parameters of the proposed facilities that will result in levels of
interference greater than those agreed to in the preceding agreements
referenced herein, or that result in any additional interference under
the thresholds established in the Commission's Qualcomm Order, will
require separate Commission approval.

Sincerely,

Barbara A. Kreisman, Chief

Video Division

Media Bureau

Roger S. Noel, Chief

Mobility Division

Wireless Telecommunications Bureau

[^1]: The Commission placed the application on public notice. *See*
    Wireless Bureau Market-Based Applications Accepted for Filing,
    *Public Notice*, Report No. 3728 at 3 (rel Jan. 9, 2008). No
    petitions have been filed against the application.

[^2]: *See* 47 C.F.R. § 27.60(b)(1)(iv).

[^3]: This approval process involves an analysis by the Media Bureau,
    under delegated authority, to determine whether grant of the
    application is in the public interest. *See* Service Rules for the
    746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 99-168, *Memorandum Opinion and
    Order and Further Notice of Proposed Rulemaking*, 15 FCC Rcd 20845
    (2000) (basis for public interest analysis of Lower 700 MHz consent
    agreements); Reallocation and Service Rules for the 698-746 MHz
    Spectrum Band (Television Channels 52-59), GN Docket No. 01-74,
    *Report and Order*, 17 FCC Rcd 1022 (2002) (framework for public
    interest analysis of Lower 700 MHz "band-clearing" agreements)
    (*"Lower 700 MHz Report and Order"*).

[^4]: With respect to any stations receiving interference for which
    consent is not provided, we note that Qualcomm's proposed operations
    are in accordance with the terms of the Commission's Order granted
    October 13, 2006. *See* Qualcomm Incorporated Petition for
    Declaratory Ruling, *Order*, 21 FCC Rcd 11683 (2006).

[^5]: ^?^ QUALCOMM Attachment to application for modification of Station
    WPZA238, ULS File No. 0002395142 at 5.

[^6]: *Id.*

[^7]: QUALCOMM Attachment at 5, 6.

[^8]: QUALCOMM Attachment at 6*.*

[^9]: We note that Congress has mandated that after February 17, 2009,
    full-power broadcast stations must transmit only in digital signals,
    and may no longer transmit analog signals. *See* Digital Television
    and Public Safety Act of 2005 (*codified at* 47 U.S.C. §§ 309(j)(14)
    and 337(e)).

[^10]: According to QUALCOMM, a small portion of the interference area,
    in which only two people live, is served by three other stations.