**DA 08-1569**

**Released: July 28, 2008**

1800E3-JLB

WWAZ License, LLC

John Griffith Johnson, Jr., Esq.

Paul Hastings, Janofsky & Walker, LLP

875 15^th^ Street, N.W.

Washington, D.C. 20005

Re: WWAZ-TV, Fond du Lac, Wisconsin

Facility ID No. 60571

Dear Licensee:

WWAZ License, LLC ("WWAZ"), the licensee of analog television station
WWAZ-TV, NTSC Channel 68, and permittee of digital television station
WWAZ-DT, DTV Channel 44, Fond du Lac, Wisconsin, has requested
Commission authority to: (i) cease analog broadcasting on NTSC Channel
68 and surrender its license for the channel prior to the end of the DTV
transition period; and (ii) thereafter operate WWAZ-DT as a single
channel, digital-only television station on DTV Channel 44. WWAZ's
proposal appeared on public notice on January 15, 2008.[^1] As explained
in more detail below, we grant WWAZ's request, subject to certain
conditions.

WWAZ's request was submitted pursuant to the voluntary band-clearing
mechanisms adopted by the Commission to facilitate the clearing of
channels 60-69. In the *Upper 700 MHz MO&O and FNRPM*, the Commission
established a rebuttable presumption that, in certain circumstances,
substantial public interest benefits will arise from a voluntary
agreement between a 700 MHz licensee and an incumbent broadcast licensee
on Channels 60-69 that clears the 700 MHz band of incumbent television
licensee(s). In particular, this favorable presumption attaches to any
requests that: (1) would make new or expanded wireless service, such as
\'2.5\' or \'3G\' services, available to consumers; (2) would clear
commercial frequencies that enable provision of public safety services;
or (3) would result in the provision of wireless service to rural or
other underserved communities. The applicant would also need to show
that grant of the request would not result in any one of the following:
(1) the loss of any of the four stations in the designated market area
(DMA) with the largest audience share; (2) the loss of the sole service
licensed to the local community; or (3) the loss of a community\'s sole
service on a channel reserved for noncommercial educational broadcast
service. *See Upper 700 MHz MO&O and FNRPM*, 15 FCC Rcd 20845, 20870-71
(2000). The Commission further indicated that when this presumption is
not established, or is rebutted, it would review regulatory requests by
weighing the loss of broadcast service and the advent of new wireless
service on a case-by-case basis. *Id*. at 20869-71.

In support of its request to voluntarily vacate NTSC Channel 68, WWAZ
asserts that early return will serve the public interest because it
would clear commercial spectrum that would enable public safety use of
that spectrum in Wisconsin and Illinois. WWAZ submits letters from four
public safety agencies serving Wisconsin and Illinois expressing their
interest in immediately occupying Channel 68, which is specifically
designated for public safety use. In addition, channel 68 is adjacent to
the Upper 700 MHz Block B Guard Band, which was distributed through
Auction 33, and vacating channel 68 will reduce interference to the
Block B Guard Band spectrum.

WWAZ acknowledges that the early return of its NTSC channel will result
in loss of analog service from the sole channel allotted to Fond du Lac,
but contends that the impact on the public will be imperceptible.
WWAZ-TV is not one of the top four rated stations in the DMA, and there
are 28 other analog and digital television stations serving portions of
the station's coverage area, so that loss of the station would not leave
any persons living within the WWAZ-TV Grade B contour will fewer than
five alternative full-power analog or digital television signals. In
addition, WWAZ-DT is presently operating pursuant to an STA and viewers
in Fond du Lac will continue to be able to view that signal with the
necessary DTV reception equipment.

While WWAZ has not met all of the factors necessary to come within the
rebuttable presumption, we believe the public interest would be served
by permitting WWAZ to surrender its license for NTSC Channel 68 and
operate digital-only operations on DTV Channel 44. Accordingly, WWAZ's
request IS GRANTED, subject to the following conditions. Prior to
permanently discontinuing analog service and surrendering its NTSC
license, we expect WWAZ to supply all cable systems carrying its digital
signal with the conversion equipment necessary to translate WWAZ-DT's
signal to an analog signal. In addition, to promote the public interest
and consistent with the requirements adopted in the *Third DTV Periodic
Review Report and Order*,[^2] WWAZ must comply with the following viewer
notification requirements:  The station must air viewer notifications on
its analog and DTV facilities every day on-air at least four times a day
including at least once in primetime for a 60-day period prior to the
termination of the analog signal.   These notifications must include: 
(1) the station's call sign and community of license; (2) the fact that
the station intends to terminate its analog operations before the
transition date; (3) the expected date of analog termination; (4) what
viewers can do to continue to receive the station, i.e., how and when
the station's digital signal can be received, and whether viewers will
need to repeat the channel scan on their DTV receivers;  (5) information
about the availability of digital- to-analog converter boxes in their
service area; and (6) the street address, email address (if available),
and phone number of the station where viewers may register comments or
request information

Sincerely,

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: *See Media Bureau Receives Request by Analog Television Station in
    the Upper 700 MHz Band to Cease Analog Broadcasting, Surrender NTSC
    License, and Operate as a Single Channel, Digital-Only Television
    Station*, 23 FCC Rcd 355 (MB 2008).

[^2]: *In the Matter of Third Periodic Review of the Commission's Rules
    and Policies Affecting the Conversion to Digital Television*, FCC
    07-228 (released December 31, 2007).