> **DA 05-2041**
>
> **Released: July 20, 2005**
>
> **1800E3-JLB**

Puget Sound Educational TV, Inc.

c/o Robert L. Olender, Esq.

Koerner & Olender, P.C.

5809 Nicholson Lane

Suite 124

North Bethesda, MD 20852

Re: KWDK(TV), Tacoma, Washington

Facility ID No. 35419

Dear Licensee:

On April 22, 2005, Puget Sound Educational TV, Inc. (Puget Sound), the
licensee of analog television station KWDK(TV), NTSC Channel \*56, and
permittee of digital television station KWDK-DT, DTV Channel \*42,
Tacoma, Washington, filed a letter requesting Commission authority to:
(i) cease analog broadcasting on NTSC Channel \*56 and surrender its
license for the channel prior to the end of the DTV transition period;
and (ii) thereafter operate KWDK-DT as a single channel, digital-only
television station on DTV Channel \*42. Puget Sound's proposal appeared
on public notice on June 7, 2005.

In its *Report and Order* in GN Docket No. 01-74, the Commission adopted
the reallocation of the 598-746 MHz Spectrum Band (television channels
52-59) from use by television broadcasters to new use on a flexible
basis.[^1] The Commission also stated that it would consider requests by
incumbent broadcasters on channels 52-59 to voluntarily vacate their
NTSC channels prior to the end of the DTV transition on a case-by-case
basis, considering all relevant public interest factors.[^2]

In support of its request to voluntarily vacate NTSC Channel \*56, Puget
Sound states that there are 17 television stations licensed in the
Seattle-Tacoma, Washington DMA and that "KWDK market share in the DMA is
far from the top four." In addition, grant of the request would not
remove the sole noncommercial educational television station available
to viewers, since KCTS(TV) is licensed at Seattle. While the early
return of its NTSC channel will result in loss of an over-the-air analog
service, Puget Sound contends that the impact on the public will be
imperceptible, given the cable penetration rate in the DMA.[^3] Puget
Sound further states that it will broadcast announcements informing
viewers of its intent to change to digital-only operations, and that it
will request the cable operators initially carry KWDK-DT's over-the air
digital signal in an analog format, and provide the cable operators with
the conversion equipment necessary to translate the station's
over-the-air signal from digital to analog.

Puget Sound also asserts that grant of its request will make new or
expanded wireless services available to consumers, and submits a letter
from QUALCOMM Incorporated (QUALCOMM), which holds licenses for channel
56 (Block D in the Lower 700 MHz band) covering the entire nation.
According to QUALCOMM, granting Puget Sound's request will allow
MediaFLO USA, Inc., a wholly-owned subsidiary of QUALCOMM, to deploy and
operate a network to offer a "mediacast" service to deliver many
channels of multimedia content to third generation wireless phones.

Based upon the foregoing, we believe the public interest would be served
by permitting Puget Sound to surrender its license for NTSC Channel
\*56, Tacoma, Washington, and commence digital operations on DTV Channel
\*42. Accordingly, Puget Sound's request IS GRANTED. Moreover, prior to
discontinuing analog service and surrendering its NTSC license, we
expect Puget Sound to supply all cable systems carrying its digital
signal with the conversion equipment necessary to translate KWDK-DT's
signal to an analog signal.

Sincerely,

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: *Reallocation and Service Rules for the 698-746 MHz Spectrum Band
    (Television Channels 52-59),* 17 FCC Rcd 1022 (2002).

[^2]: *Id*. at 1096. The Commission identified a number of relevant
    factors, including whether grant of the request would make new or
    expanded wireless services available to consumers or deploy wireless
    service to underserved areas, or whether grant would result in the
    loss of any of the four stations in the DMA with the largest
    audience share, the loss of sole service licensed to the local
    community, or the loss of a community's sole noncommercial
    educational television service. The Commission will also consider
    whether a grant would have a negative effect on the pace of DTV
    transition in that market. *Id.* at n.549.

[^3]: Nielson Media Research reports that in May 2005, the total cable
    and/or ADS penetration rate for the Seattle-Tacoma DMA was 86.4% of
    TV Households. Television Bureau of Advertising Online, DMA
    Household Universe Estimates,
    <http://www.tvb.org/nav/build_frameset.asp?url=/localnumbers/current_ads.asp>
    (reporting Nielson results.)