August 12, 2004

**DA 04-2523**

**Released: August 13, 2004**

**1800E3-JLB**

KNTV License Inc.

c/o Meridith S. Senter, Esq.

Leventhal Senter & Lerman, PLLC

2000 K Street, N.W.

Suite 600

Washington, D.C. 20006

Young Broadcasting of San

Francisco, Inc.

c/o Wade H. Hargrove, Esq.

Brooks, Pierce, McLendon,

Humphrey & Leonard, LLP

Post Office Box 1800

Raleigh, North Carolina 27602

KTVU Partnership

c/o Kevin F. Reed, Esq.

Dow, Lohnes & Albertson, PLLC

1200 New Hampshire Avenue, N.W.

Washington, D.C. 20036

Re: Applications of KNTV Licensee Inc.

For Minor Modifications in Licensed

Facilities for KNTV(TV) and KNTV-DT,

San Jose, California; Fac. ID 35280

File Nos. BPCT-20031001AKF and

BPCDT-20031001AKO

Dear Licensees:

This is with respect to the above-referenced applications for minor
modification to the licensed analog and digital facilities of KNTV(TV),
channel 11, and KNTV-DT, channel 12, San Jose, California, licensed to
KNTV License Inc. (NBC). NBC proposes to move its analog and digital
facilities from Loma Prieta Mountain, a location southwest of San Jose,
to the antenna farm located between San Jose and San Francisco on San
Bruno Mountain. Young Broadcasting of San Francisco, Inc. (Young), the
licensee of station KRON-TV, San Francisco, filed an informal objection
against both applications. KTVU Partnership (KTVU), the licensee of
KTVU(TV), Oakland, California, KICU-TV, San Jose, California, and
KRXI-TV, Reno, Nevada, filed an informal objection to the KNTV(TV)
application.

The DTV modification application satisfies all of the Commission's
rules, including the principal community coverage requirement of 43dBu
for channels 7 though 13. Grant of the analog modification application,
however, would require waiver of the minimum co-channel spacing
requirements, 47 C.F.R. § 73.610(b), since the proposed analog facility
is 1.1 kilometers short-spaced to KRXI-TV, channel 11, Reno, or 0.36% of
the required minimum distance separation of 304.9 kilometers.[^1] NBC
states that waiver of the city-grade coverage requirement, 47 C.F.R. §
73.685, is also necessary because, based on conventional F (50/50)
curves, the proposed analog facility at San Bruno Mountain would provide
city-grade coverage to only 32.2% of the area within the San Jose city
limits and 27.8% of the San Jose city population. Using Longley-Rice, an
alternative propagation method, results in an increase of the 77 dBu
city-grade coverage to 79.8% on an area basis, and 94.1% on a population
basis. According to NBC, the extent of its city-grade coverage is
consistent with other cases in which the Commission has granted a
waiver, and also complies with the 80% minimum level necessary to
satisfy the Commission's application criteria for demonstrating
substantial compliance with the city-grade coverage rules.

In support of its waiver requests, NBC states that with the exception of
KNTV-DT, all of the digital facilities in the San Francisco DMA are
located north of Palo Alto -- at San Bruno Mountain or on Sutro Tower in
San Francisco -- or at a roughly parallel location across the San
Francisco Bay on Mount Allison/Monument Peak. NBC states that it has
operated KNTV-DT at full-power since 1999 at Loma Prieta, and that it
has become clear that viewers throughout the North Bay, in cities such
as San Francisco, Oakland and Berkeley, are not able to receive the
digital signal due to the orientation of their antennas towards Sutro
Tower, San Bruno Mountain or Mt. Allison. Because of this, KNTV-DT's
digital signal reaches most receive antennas in the North Bay portion of
the DMA at a 90 degree angle, which can result in "a 12 dB signal loss
based on an FCC-assumed VHF high-band receiving antenna. In other words,
a signal that is projected to be nearly a Grade A strength (for NTSC
purposes) might in fact barely qualify for Grade B status." NBC further
states that it conducted field measurement studies in January 2002 to
determine why viewers were complaining about the station's digital
signal in areas where normal methodologies predicted adequate signal
strength. NBC found that the antenna-pointing "handicap" was further
exacerbated by brute force overload interference from adjacent high-band
VHF signals and multiple grandfathered super-power FM signals
broadcasting from San Bruno Mountain and Sutro Tower.

Based upon these studies, NBC concludes that the only practical solution
to its poor DTV reception is to relocate KNTV-DT to San Bruno Mountain,
where it would be co-located or virtually co-located with the majority
of the stations in the DMA.[^2] According to NBC, not only would KNTV-DT
be viewable in households now experiencing antenna-pointing problems, it
would also provide digital service to an additional 1,270,269 people in
the DMA that currently are not predicted to receive the station's
digital signal over the air. However, because KNTV-DT and KNTV(TV)
operate on adjacent channels, mutual interference between both stations
would be caused if KNTV-DT were to be moved to San Bruno Mountain while
KNTV(TV) stayed at Loma Prieta Mountain. NBC's engineering consultant
states that if only KNTV-DT is relocated, the KNTV(TV)-into-KNTV-DT
interference would increase from 0 persons to 11,218 persons (0.2%),
which would be *de minimis*, but that the KNTV-DT-into-KNTV(TV)
interference would go from 0 persons to 175,370 persons (2.6%), which is
over the 2% *de* *minimis* processing limit adopted by the
Commission.[^3]

With respect to potential interference to KRXI-TV, NBC states that
WNTV(TV)'s predicted contour currently overlaps KRXI-TV's predicted
interference-free contour. While the contour would continue to overlap,
however, the area of overlap and the number of people potentially
affected would be smaller than at present. Thus, NBC contends that it
provides equivalent protection to KRXI-TV, in that its short-spaced
facility would not increase the interference that would be expected by
KRXI-TV by the operation of KNTV(TV) with maximum facilities from its
existing fully-spaced site. NBC also states that based on a Longley-Rice
analysis, the proposed re-location of KNTV(TV) would result in a new
Grade B signal being provided to 1,250,909 persons within the San
Francisco DMA. While approximately 1,138,729 viewers within the existing
predicted Grade B contour would lose their KNTV(TV) service, NBC asserts
that "a television station's principal focus must be to serve its entire
DMA," and that of these persons who will lose service, only 108,057 are
located within the San Francisco DMA. In addition, NBC states that all
but 21,170 persons will continue to receive NBC network service from
another NBC affiliate, while more than 400,000 people would regain their
over-the-air access to NBC network service that they received before
2002, when the NBC affiliation in the market changed. NBC also claims
that over 99% of the total loss area within KNTV(TV)'s current Grade B
contour would continue to receive Grade B or better service from at
least five other analog stations.

In its informal objection, Young asserts that NBC's engineering analysis
is flawed because it fails to include a description of the methodology
used, as required by Section73.684(f) of the rules, 47 C.F.R. §
73.684(f), or to justify the use of an alternative methodology. Thus,
Young contends that it is impossible to verify NBC's loss and gain
figures. Young further states that, rather than result in a net gain of
77,000 people, as NBC claims, the proposed analog modification will
result in a net loss of service to 410,834 people based on the standard
F(50/50) curves, or to 156,300 people based on Longley-Rice.[^4]
According to Young, it "is not aware of any instance, published or
unpublished, in which the Commission has allowed the relocation of a
transmitter to result in a net loss of service, no matter the method of
calculation,"[^5] or where the Commission has permitted the use of
Longley-Rice alone to calculate service gains and losses. Young also
argues that the provision of NBC service to 400,000 new viewers cannot
offset a net service loss, and that even if it could, it would "provide
no support to NBC who is attempting nothing more than to shore up the
loss of NBC service to hundreds of thousands of viewers that NBC itself
created by moving the affiliation from KRON" to KNTV(TV).

With respect to the city-grade waiver request, Young points out that the
Commission does not recognize 80% coverage as substantial compliance
with the television city-grade coverage requirement. Young also
distinguishes the waiver cases cited by NBC, and argues that in none of
these cases did the Commission waive city-grade service to the magnitude
NBC requests here -- 646,071 people in approximately 312 square
kilometers. Young also disagrees that a station's primary concern is to
provide service to its DMA, and contends that grant of a waiver here
would be inconsistent with Section 307(b) of the Communications Act, as
amended, which requires the Commission to make a distribution of
licenses "among the several States and communities as to provide a fair,
efficient, and equitable distribution of radio services to each of the
same."

Young also asserts that NBC's antenna-pointing argument in support of
its application to relocate its DTV facility is not persuasive, because
it ignores the fact that some antennas are pointed towards the Mt.
Allison/Monument Peak, and away from San Bruno Mountain and Sutro Tower.
Young also states that the problem is easily resolved by viewers
installing "probing" antennas or incorporating a rotor. Finally, Young
questions whether extensive co-location disserves the nation's need for
emergency preparedness, in light of the extensive loss of broadcast
service to the New York DMA on September 11, 2001 due to co-locations at
the World Trade Center.[^6]

In response to Young's antenna pointing argument, NBC stated that in
studying this issue, it did take into account that some viewers may
point their receive antennas at Mt. Allison/Monument Peak rather than at
San Bruno Mountain/Sutro Tower, and it submitted additional engineering
analysis to show that relocation of its digital facilities to San Bruno
Mountain would result in a net gain in interference-free service. With
respect to Young's assertion that any reception problems could be
eliminated by viewers installing or upgrading their receive antenna, NBC
replies that this solution is impractical for over-the-air viewers who
live in high rises, apartment buildings and historic districts. NBC also
notes that "even technologically-savvy, early adopters of digital
television are having problems receiving KNTV's digital signal \[and\]
ordinary consumers are even less likely to incur the expense of
installing an outdoor antenna with a rotor to receive just one station
when all other stations have excellent signals."

With respect to its analog modification application, NBC asserts that
use of Longley-Rice is appropriate in this case because the terrain
"departs widely" from the average terrain assumed for the F(50,50)
curves, and the distance to KNTV(TV)'s city-grade contour using
Longley-Rice differs from the standard method by more than 10%. NBC
disputes Young's claim that grant would result in a net loss of service,
but states that in any event, even if the net loss claimed by Young
occurred it would still be less than the objectionable interference that
would occur to analog viewers if only the digital facility was
relocated. NBC also submitted further engineering analysis explaining
how its Longley-Rice analysis was conducted using a "more accurate
terrain extraction resolution" than that applied by Young, and argues
that grant of its city-grade waiver request is consistent with
applicable precedent.

In its reply, Young stated that it modified its Longley-Rice analysis,
consistent with NBC's, and that it still showed that there would be a
net service loss of 73,090 people. Young argues that "NBC's lack of full
disclosure of methodology . . . suggests that NBC is engaged in
'parameter shopping,' using those parameters that give NBC the most
favorable result for whatever immediate task is at hand." Young also
reasserts that "the Commission has never, to Young's knowledge, granted
a television modification application where the service loss or gain was
calculated by Longley-Rice instead of by the Commission's standard Grade
B contours." With respect to NBC's antenna-pointing argument, Young
states that NBC's new engineering shows that 95.7% of KNTV-DT's
potential viewers could watch the station at its current site without
degradation due to antenna pointed to the stations located at Mt.
Allison or Monument Peak, and that viewers experiencing degradation
because their antenna are pointed at San Bruno Mountain or Sutro tower
can upgrade their receive antenna or subscribe to cable or DBS. Finally,
Young argues that NBC does not dispute that its city-grade waiver
request "is 50 times larger in terms of population than the largest
waiver ever granted pursuant to the Commission's standard propagation
curves," the method which, Young claims, the Commission has always used
as the basis for determining the extent of such waivers.

NBC filed a sur-reply in which it explains that Young's Longley-Rice
analysis differs from NBC's because of Young's incorrect assumptions
regarding signal strength for points returning as Longley-Rice Error
Code 3 (EC#). Moreover, Young used an "interference-limited" study while
NBC used a "noise-limited" study. NBC also asserts, for the first time,
that relocating the stations will eliminate interference to KSBW-DT,
channel 10, Salinas, California, to over 460,000 people. In response,
Young asserts that NBC's apparent use of an amalgam of OET Bulletin No.
72 and OET Bulletin No. 69 does not comply with the Commission's rules
and clearly demonstrates "parameter shopping" by NBC. Young also
downplays the alleged benefit to KSBW-DT, since there is "very low DTV
receiver penetration in television households," while over a million
people will lose their analog service from KNTV(TV).

After these pleadings were filed, KTVU filed its informal objection,
asserting that it was now clear that NBC "fails to use the Commission's
alternative prediction methodology for evaluating television coverage
consistently and in compliance with the Commission's requirements." For
example, KTVU observes that when using OET Bulletin No. 69 for
evaluating television coverage and interference, computation of service
area or coverage using the Longley-Rice methodology is limited to areas
within certain specific geographic contours, which is the conventional
Grade B contour for analog television stations. When computing the Grade
B signals of stations providing service in KNTV(TV)'s loss area, KTVU
states that NBC failed to limit the Longley-Rice coverage areas to
within those stations' predicted Grade B contours. KTVU also submits an
engineering study which purportedly demonstrates, that using the correct
methodology, the entire population of Los Banos, California, would lose
its sole Grade B television service or be left with only one remaining
television service were KNTV(TV) relocated to San Bruno Mountain.
According to KTVU, the creation of a combined white and gray area with
over 25,000 people is not justified by compelling, off-setting public
interest benefits. Finally, KTVU disputes NBC's claim that the waivers
will be "temporary" because they would only be necessary until the
transition to DTV is complete, opining that completion of the transition
is "unlikely to occur for a long time."

In response, NBC reiterates it arguments against Young's assertions. NBC
also defended its Longley-Rice methodology, and, with respect to the
assertion that grant of its analog modification application would result
in the creation of a white and gray area, submits an engineering
analysis which shows that, due to unique signal propagation in the San
Joaquin Valley, at least 11 analog stations licensed in the
Fresno-Visalia DMA, in which Los Banos is located, provide a better than
Grade B signal to Los Banos. NBC also states that KNTV(TV) is not viewed
in the county in which Los Banos is located, but that KSEE(TV), the NBC
affiliate in the Fresno-Visalia DMA, has over-the-air viewership in
Merced County. Both Young and KTVU filed a response. The only new matter
raised was Young's assertion that the some 20 alleged viewer comments
about the poor quality of KNTV-DT's signal merit no attention, because
verification of their comments is impossible.

Discussion: Although not summarized in detail herein, both Young and
KTVU argue, at some length, that NBC unfairly refused to renew its
affiliation agreement with Young in 2000, and that this somehow warrants
denial of the modification applications. We agree with NBC that Young's
past affiliation with NBC, and the facts surrounding NBC's subsequent
affiliation with KNTV(TV), are not relevant to our consideration here.
We also agree with NBC that use of the Longley-Rice alternative
methodology to determine city-grade coverage, and gain and loss areas,
is appropriate in this case. The terrain in the region is atypical and
contour measurements using Longley-Rice deviate greatly from the
predicted contours. We conclude, however, that the parties' Longley-Rice
analyses, which deviate greatly, are flawed.[^7] Accordingly, our
conclusions here are primarily based on the staff's independent
engineering analysis.

With respect to NBC's request for a waiver of the city-grade signal
requirement, the staff's Longley-Rice analysis predicts that the
modified analog facility will place the required minimum field strength
of 77 dBu over the entire principal community of San Jose. Because we
have determined that use of the Longley-Rice methodology is appropriate,
given the area terrain, no waiver is necessary.[^8]

Turning to the short-spacing waiver, the minimum co-channel distance
separation for analog facilities on channels 2-13 in the western portion
of the United States is 304.9 km and the analog facility proposed in the
KNTV(TV) modification application is 1.1 kilometers short-spaced to
KRXI-TV, channel 11, Reno. In determining whether a waiver of the
television short-spacing rules is in the public interest, the Commission
considers: (1) the unsuitability of the existing site; (2) the magnitude
of the short-spacing; (3) any predicted loss of service; (4) the
aeronautical and environmental impact of the proposed modification; (5)
any technical proposals submitted by the applicant that would alleviate
the interference resulting from the short-spacing; (6) the concerns of
the licensee affected by the short-spacing; and (7) the extent to which
the licensee applied for the license knowing there were spacing
restraints.[^9]

NBC has demonstrated, through measurements and viewer complaints, that
its DTV signal is not being received within its predicted contour
because of antenna-pointing issues and interference. Thus, NBC seeks to
co-locate its DTV facility with the majority of the other stations in
the market, which our DTV rules permit it to do. Because NBC's analog
and digital facilities are adjacent channel, significant interference
would occur to the analog facility unless the two stations are
co-located, thus making the Loma Prieta site unsuitable for KNTV(TV)'s
continued operations. Further, collocation of a station\'s DTV and NTSC
facilities with most of the other television stations in the market was
an objective the Commission specifically recognized during its DTV
proceedings as a means to speed DTV conversion. [^10]

Here, the short-spacing is insubstantial (1.1 km short of the required
304.9 km spacing requirement); no interference will likely occur to
KRXI-TV. In fact, grant of the modification will actually decrease the
existing overlap of the KRXI-TV and KNTV(TV) contours. Moreover,
although KTVU, the licensee of KRXI-TV, filed an informal objection to
the KNTV(TV) application, it states that it "has chosen not to exercise
its right as a co-channel licensee to object to NBC's short-spacing
waiver request." We have also concluded that the application does not
raise any environmental concerns.

According to NBC, over a million people will lose service from KNTV(TV)
if the station is relocated. The majority of those people, however,
reside within the Monterey-Salinas or Fresno-Visalia DMAs and receive a
full complement of signals from full-service and Class A television
stations licensed to communities in those markets, including the NBC
affiliates in those markets.[^11] Although 21,170 viewers will lose
their only predicted over-the-air NBC network service from the San Bruno
Mountain site, KNTV(TV) will provide an over-the-air NBC network service
to almost 400,000 persons who have been without that service since 2002.
We believe that the public benefits in restoring network service to
400,000 persons outweighs the detriment caused by withdrawing network
service from 21,170 persons. This loss of service is also off-set by the
fact that if KNTV(TV) remained at its present site, 175,370 persons
would, for the first time, experience interference from KNTV-DT.
Moveover, nothwithstanding Young's speculation as to DTV set
penetration, it is undisputed that interference to over 460,000 viewers
of KSBW-DT will be eliminated by KNTV-DT's relocation.

Our engineering study, which differs somewhat from KTVU's analysis,
shows that if KNTV(TV) is relocated, the communities of Los Banos and
Atwater, in Merced County, are no longer predicted to receive a Grade B
or better signal from any analog stations. The Commission has, however,
long-recognized the unusually favorable propagation tendencies in the
San Joaquin Valley due to the unique terrain characteristics, *i.e*., a
wide flat valley with low vegetation flanked by high mountain
ranges.[^12] Using Longley-Rice, the staff determined that these
communities receive better than a Grade B quality signal from KSEE(TV),
the NBC affiliate at Fresno, and also receive a better than Grade B
signal from more than five other television stations. Under these unique
circumstances, we cannot conclude that relocation of KNTV(TV) would
result in the creation of a white area in Merced County.

In view of the foregoing, the Informal Objections filed by Young
Broadcasting of San Francisco, Inc. and KTVU Partnership ARE DENIED, and
the above-referenced applications for minor modification of KNTV(TV) and
KNTV-DT ARE GRANTED.

Sincerely,

W. Kenneth Ferree

Chief, Media Bureau

cc: William LeBeau, Esq.

[^1]: While NBC states this short-spacing is well below the 0.5% *de
    minimis* threshold set by the Commission, that processing standard
    applies only to DTV applications, not NTSC facilities as proposed
    here. *See Public Notice, Additional Application Processing
    Guidelines for Digital Television (DTV)* (rel. Aug. 10, 1998).

[^2]: According to NBC, it was precluded from relocating to the Mt.
    Allison/Monument Peak site because of severe spacing requirements to
    other stations, particularly KXTV(TV), channel 10, Sacramento and
    KOVR(TV), channel 13, Stockton.

[^3]: Under processing rules for DTV, any increase in interference less
    than 2% of the population served by the station subject to
    interference is deemed legally *de minimis*. *See* 47 C.F.R. §
    73.623(c)(2). The Commission, however, permits licensees to agree to
    accept interference between their analog and digital facilities when
    the total interference received by each station is less than 10%.
    NBC's stations presently receive no interference from any other
    stations. Thus, we could grant the digital modification application
    and deny the analog application, if NBC agreed to accept the
    interference to its analog signal.

[^4]: In order to arrive at the figure of 156,300, Young included
    persons who are predicted to receive a signal of Grade B intensity
    from KNTV(TV), but are outside the station's protected Grade B
    contour.

[^5]: Young cites to *West Michigan Telecasters v. FCC*, 460 F.2d 883,
    889 (D.C. Cir. 1972) ("Losses in service are *prima facie*
    inconsistent with the public interest.") and *Triangle Publications,
    Inc*. 3 R.R.2d 37 (1964) ("Once in operation, a station assumes an
    obligation to maintain service to its viewing audience and the
    withdrawal or downgrading of existing service is justifiable only if
    offsetting facts are shown which establish that the public generally
    will be benefited.").

[^6]: Young initially argued that the proposed facilities did not comply
    with the RF limits for public/uncontrolled exposure or
    occupational/controlled exposure, but failed to respond to the
    arguments made by NBC in its sur-reply. It is unclear whether Young
    has withdrawn this argument. In any event, we have considered NBC's
    applications, and Young's arguments, and conclude that NBC has
    complied with Section 1.1307 with respect to RF exposure.

[^7]: For example, in its analysis, NBC use the Individual Location
    Longley-Rice (ILLR) methodology in OET Bulletin No. 72, which,
    unlike OET Bulletin No. 69, requires analysis beyond a station's
    predicted Grade B contour. OET Bulletin No. 72, however, is used to
    predict television field strengths in connection with implementation
    of the Satellite Home Viewer Act. *See Establishment of an Improved
    Model for Predicting the Broadcast Television Field Strength at
    Individual Locations*, 20 Comm. Reg. 2089 (2000). The Commission has
    emphasized that the ILLR methodology "will not replace the current
    Commission rules for field strength contours (47 C.F.R. § 73.683) or
    prediction of coverage for non-SHVA purposes (47 C.F.R. § 73.684)."
    *Id*. ¶ 7. In addition, Young's use of interference-limited studies
    is misplaced. Interference-limited contours are used in the
    *tv_process* program to determine the number of persons that would
    receive DTV service, consistent with OET No. 69, the methodology
    used by the Commission in creating the DTV Table of Allotments.
    Although OET No. 69 uses the Long-Rice methodology, the two are not
    interchangeable. The Longley-Rice methodology, as set forth in Tech.
    Note 101, specifies the use of noise-limited contours.

[^8]: Contrary to NBC's claim, the Commission does not consider
    city-grade coverage to 80% of a community to be "the minimum level
    necessary to satisfy the Commission's application criteria for
    demonstrating substantial compliance with the city-grade coverage
    rules" for television. *See Amendments of Parts 73 and 74 of the
    Commission's Rules to Permit Certain Minor Changes in Broadcast
    Facilities Without a Construction Permit*, 12 FCC Rcd 12371 (1997)
    (80% substantial compliance requirement applies to the FM
    city-coverage rule, and not to television). A television station's
    primary duty is to serve its community of license; not to provide
    Grade B coverage to the largest portion of the DMA to which it is
    assigned. *See, e.g., Public Notice, FCC Localism Task Force
    Announces Procedures to Facilitate Public Participation at its Rapid
    City, South Dakota Hearing on Broadcast Localism*, RM-10803 (rel.
    May 21, 2004).

[^9]: *See Caloosa Television Corp*., 3 FCC Rcd 3656, 3657-58 (1988),
    *recon. denied*, 4 FCC Rcd 4762 (1989); *Sarkes Tarzian, Inc*., 6
    FCC Rcd 2465, 2467 (1991).

[^10]: *See Advanced Television Systems and Their Impact Upon the
    Existing Television Broadcast Service,* 12 FCC Rcd 7418, 7471
    (1998).

[^11]: We disagree with NBC's suggestion that the withdrawal of service
    to persons located outside of a station's DMA is of less
    significance than withdrawal of service to persons located inside
    the DMA. As Young observes, loss of service is *prima facie*
    inconsistent with the public interest, and once a station begins
    operations, it is obligated to maintain service to its viewing
    audience absent off-setting public benefits to discontinuing
    service. We are less concerned about the withdrawal of service here,
    because the vast majority of people located within the loss area
    will continue to receive NBC network service from other NBC
    affiliates, and are also well-served by other stations.

[^12]: *See, e.g*., Television Allocations Study Organization,
    "Engineering Aspects of Television Allocations" at 19-20 (1959),
    cited in *Fresno, California Deintermixture Proceeding*, 19 R.R.
    1581, 1586 (1960).