**DA: 07-2158**

**Released: May 23, 2007**

1800E1-KRH

Metro Television Alliance, LLC

c/o Thomas P. Van Wazer

1501 K Street, N.W.

Washington, DC 20005

> In Re: Request for Experimental Authority to
>
> Operate a Digital System on Channels 12, 33
>
> and 65 in New York, New York

Dear Licensees:

This refers to your above-captioned application requesting experimental
authority to operate a digital television system on Channels 12, 33 and
65 in New York, New York. Specifically, you propose to construct this
digital system, utilizing four transmitter locations within the borough
of Brooklyn and an additional Channel 12 transmitter site on the Empire
State Building (ESB). You state that the purpose of your proposal is to
test fill-in over-the-air digital television coverage in areas of New
York City where adequate coverage is not provided.

In support of your request, you state that the Metropolitan Television
Alliance (MTA), consists of the licensees of ten New York City area
television stations (WCBS-TV, WNBC-TV, WNYW-TV, WABC-TV, WWOR-TV,
WPIX-TV, WNET-TV, WPXN-TV, WNJU-TV, and WXTV(TV)). Prior to September
11, 2001, all of these stations operated their digital facilities from
the North Tower of the World Trade Center which was destroyed in the
September 11^th^ attack. Virtually all of the MTA members relocated from
the World Trade Center (WTC) to the (ESB). However, most of the digital
antennas had to be side-mounted due to existing overcrowding on the ESB
antenna mast. You state that side-mounting resulted in significant
coverage losses to more than three million viewers using indoor, set-top
service antennas in areas of New York City and New Jersey when compared
to the level of predicted indoor service provided by the DTV facilities
at the WTC. This will not be a problem, you assert, from the new Freedom
Tower where all of the MTA members will eventually relocate their
facilities. However, the Freedom Tower is not expected to be completed
until 2011. Thus, you request experimental authority to test the
feasibility of utilizing the assigned digital channel of one of MTA's
members (Channel 33), as well as two non-assigned channels, to provide
fill-in, over-the-air digital coverage in New York City and New Jersey
where adequate coverage is not now available.

We have reviewed your request and find that the public interest would be
served by granting you experimental authority to test various options to
find a solution to the coverage problems identified by the MTA. We note
that the events of September 11^th^ was one of the most tragic in
American's history creating unique problems for New York City
broadcasters. The United States Congress recognized this fact in
adopting the Deficit Reduction Act of 2005 wherein the NYC 9/11 Digital
Transition Fund was created. This fund set aside \$30,000,000 to
"reimburse" the MTA for costs incurred in the design and deployment of a
temporary digital television broadcast system until a permanent facility
atop the Freedom Tower is constructed.

With regard to potential for interference from the proposed operation,
you have examined the appropriate co-channel and adjacent channel
assignments in New York City and the surrounding area. You have provided
no objection letters to the Commission from all of the affected
co-channel and adjacent channel NTSC, DTV and Class A facilities that
could receive interference.

Additionally, after our independent review of your technical
specifications, we are persuaded that no interference to any protected
service is likely to occur from the proposed operation. We therefore
conclude that the public interest would be served by the grant of this
request. If interference problems do arise, however, we expect you to
resolve them expeditiously and the Bureau reserves the right to require
the termination of the operation without prior hearing. Also, you are
reminded that our grant of experimental authority for testing should not
be construed as pre-approval of long-term use of channel 12 and 65. We
note that channel 65 is no longer routinely assigned for broadcast use
and is subject to auction early next year.

With respect to radio frequency radiation (RFR), we expect compliance
with Section 1.1307(b) of the Commission's rules to be achieved.

Accordingly, the request for experimental authority to broadcast DTV
signals utilizing a low power digital repeater network on Channels 12,
33 and 65 in New York, New York, IS GRANTED subject to the following
conditions and technical parameters:

1.  The grant of this permit is subject to the condition that, with
    ample time before commencing operation, you make a good-faith effort
    to identify and notify health-care facilities (e.g., hospitals and
    nursing homes, see 47 CFR 15.242(a)(1)) within your service area
    that potentially could be affected by your DTV operations. Contact
    with state and/or local hospital associations and local governmental
    health-care-licensing authorities may prove helpful in this process.
    During this pre-broadcast period, you must provide all notified
    entities with relevant technical details of your operation, such as
    DTV channel, targeted on-air date, effective radiated power, antenna
    location, and antenna height. You are required to place in the
    station's public inspection file documentation of the notifications
    and contacts made and you may not commence operations until
    good-faith efforts have been made to notify affected health-care
    facilities. During this pre-broadcast period and for up to
    twenty (20) days after commencing operations, should you become
    aware of any instances of medical devices malfunctioning or that
    such devices are likely to malfunction due to your DTV operations,
    you must cooperate with the affected health-care facility or
    facilities so that they are afforded a reasonable opportunity to
    resolve the interference problem. At such time as all provisions of
    this condition have been fulfilled, and either upon the expiration
    of twenty (20) days following commencement of operations or when all
    known interference problems have been resolved, whichever is later,
    this condition lapses.

2.  This authority expires six months from the date of this letter. If
    appropriate, a timely renewal request must be filed before the end
    of this period.

3.  Hours of operation of this facility will be in accordance with
    Section 73.624(b) of the Commission's rules.

**Technical Parameters:**

**Site 1**

Channel: 12

Antenna Coordinates: N. Latitude: 40-44-54

W. Longitude: 73-59-10

Antenna Type: Scala, Directional

> Model No. HDCA-5/URM

Maximum Effective Radiated Power (average): 1.0 kW

Transmitter: Type Accepted. See Section 73.1660, 73.1665 and 73.1670 of
the FCC Rules.

Antenna Height Above Mean Sea Level: 335 meters

Tower Registration Number: 1254286

**Site 2**

Channels: 12, 33 & 65

Antenna Coordinates: N. Latitude: 40-41-36.5

W. Longitude: 73-59-28.6

Antenna Type: Scala, Non-Directional

> Model No. SL-8

Maximum Effective Radiated Power (average): 1.0 kW

Transmitter: Type Accepted. See Section 73.1660, 73.1665 and 73.1670 of
the FCC Rules.

Antenna Height Above Mean Sea Level: 126.7 meters

Tower Registration Number: n/a

**Site 3**

Channels: 12, 33 & 65

Antenna Coordinates: N. Latitude: 40-41-59.3

W. Longitude: 73-55-57.7

Antenna Type: Scala, Non-Directional

> Model No. SL-8

Maximum Effective Radiated Power (average): 1.0 kW

Transmitter: Type Accepted. See Section 73.1660, 73.1665 and 73.1670 of
the FCC Rules.

Antenna Height Above Mean Sea Level: 43.4 meters

Tower Registration Number: n/a

**Site 4**

Channels: 12, 33 & 65

Antenna Coordinates: N. Latitude: 40-39-12.1

W. Longitude: 73-55-53.7

Antenna Type: Scala, Non-Directional

> Model No. SL-8

Maximum Effective Radiated Power (average): 1.0 kW

Transmitter: Type Accepted. See Section 73.1660, 73.1665 and 73.1670 of
the FCC Rules.

Antenna Height Above Mean Sea Level: 33.2 meters

Tower Registration Number: n/a

**Site 5**

Channels: 12, 33 & 65

Antenna Coordinates: N. Latitude: 40-39-19.6

W. Longitude: 73-58-55.5

Antenna Type: Scala, Non-Directional

> Model No. SL-8

Maximum Effective Radiated Power (average): 1.0 kW

Transmitter: Type Accepted. See Section 73.1660, 73.1665 and 73.1670 of
the FCC Rules.

Antenna Height Above Mean Sea Level: 79.5 meters

Tower Registration Number: 1207937

> Sincerely,

Barbara A. Kreisman

Chief, Video Division

Media Bureau