**DA 07-3526**

**Released: August 7, 2007**

Humanity Interested Media, Inc.

c/o M. Scott Johnson, Esquire

Fletcher, Heald & Hildreth, P.L.C.

1300 North 17th Street

11^th^ Floor

Arlington, VA 22209

Re: Request for Special Temporary Authority

NTSC Station KTBU(TV), Conroe, TX

File No. BSTA-20070409ADA

Facility ID No. 28324

Dear Applicant:

This is with respect to the above-captioned application for Special
Temporary Authority (STA) to relocate the facilities of NTSC Station
KTBU(TV), Channel 55, Conroe, Texas to a new tower near Missouri City,
Texas (the "Richland Tower") to be co-located with the station's digital
facilities.

Station KTBU(TV) currently operates with reduced facilities at its NTSC
site. During the time necessary to determine whether its damaged current
antenna must be replaced you state that the station will be off the air
for significant periods and that its audience and the public interest
would not be served thereby. Accordingly, you filed the subject STA
request which specifies facilities virtually identical to those
previously specified in an application (BPCT-20020118AAW) for
modification of KTBU's license. That application was denied on February
19, 2004.

Your modification application was not granted because it presented
significant coverage and short-spaced interference concerns, factors
that remain despite the fact that you propose to operate pursuant to STA
rather than permanent authority. Moreover, in denying the modification
application, we noted that you did not allege that the existing site or
other fully spaced sites are not available. Similarly, other than your
preference for the proposed site and increased coverage it affords, you
do not allege anything with respect to unavailability of temporary
equipment at your authorized site, or a less short-spaced site, to
effectuate any necessary repairs without significant interruption of
current service. Similarly, you do not address the use of an emergency
antenna at your authorized site pursuant to Section 73.1680 of the
Commission's Rules, 47 CFR §73.1680.

STA is the appropriate mechanism by which temporary relief is afforded
in cases of unforeseen emergencies affecting a station's authorized
facilities. As such, STA is generally restricted to the station's
existing service area. In the instant request, you propose to construct
essentially a new broadcast station with a new and increased service
area for which you could not obtain permanent authority. Under these
circumstances, it is inappropriate to effectuate such a change pursuant
to STA.

Finally, Congress has directed the Commission expeditiously auction the
lower 700 MHz spectrum by January 28, 2008.[^1] As a result, the
Commission has imposed a freeze on the expansion of service areas for
stations operating on Channels 52-59.[^2] Grant of the requested STA or
other operating authority as proposed would impair the Commission's
ability to effectuate Congressional direction.

For these reasons, we find that operation of the proposed facilities
pursuant to STA is not warranted. Accordingly, the above-captioned
application for STA IS DENIED.

Sincerely,

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: *See* Deficit Reduction Act of 2005, Title III, Pub. L. No.
    109-171, 120 Stat. 4 (2006).

[^2]: *See Public Notice*, Freeze on the Filing of TV and DTV
    "Maximization Applications in Channels 52-59, 17 FCC Rcd 11290
    (2002).