FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,236
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supplemented WMBC's evidence with our own investigation into WMBC's historic cable carriage
information for communities in the region.27
10. The second statutory factor is "whether the television station provides coverage or other local
service to such community."28 To analyze a station's coverage or local service, we look to a station's
signal contour coverage and whether the station places at least a Grade B contour over the cable
communities, the station's proximity to the communities in terms of mileage, and whether it broadcasts
local programming with a distinct nexus to the Communities. While the site of WMBC's transmitter at
the time of the original Cahblevision Decisions was in Sparta, New Jersey, WMBC has since been granted
authority to relocate its transmitter to Clifton, New Jersey, and to operate maximized facilities.29
Subsequently, WMBC applied, and was granted authority, to operate a DTS system with an additional
transmitter located atop the Empire State Building in New York, New York.30 These two transmitters
have expanded the scope of WMBC's over-the-air coverage.; WMBC argues that Longley-Rice analysis
of the station's digital coverage demonstrates that the Station now provides signal coverage to "virtually
all the Communities."'3
I 1. To demonstrate that it meets another part of the second factor, geographic proximity to the
communities (often expressed in terms of mileage), WMBC attaches both a local road, topographic and
political boundary map33 as well as a list of each of the communities, their geographic coordinates and the
mileage calculations between each community and between its city of license and transmitters.4 WMBC
asserts that on average, its city of license is 66 miles from the communities."
27 See Volumes 2007 - 2010 of the Television and Cable Factbook.
2847 U.S.C. 534(h)(1)(C)(ii)(ll).
29 See Application for Construction Permit for Commercial Broadcast Station, BMPCDT - 20040722ADG. Granted
March 28, 2005.
30 Petition at 9 & n.36 (citing FCC Construction Permit for WMBC's DTS Station, FCC BPCDT-20090414ABW.
Exhibit P). These facilities were subsequently modified to expand the range of WMBC's coverage to the DTS
countours at issue today. See FCC Construction Permit for WMBC's DTS Station, FCC BPCDT-20091130ALN.
In Digital Television Distributed Transmission Svsytem Technologies, MB Docket No. 05-312, Report and Order, 23
FCC Rcd 16731 (Nov. 7. 2008) ("DTS Order"). the Commission implemented rules allowing stations to use
multiple synchronized transmitters spread around a station's service area - i.e., distributed transmission systems.
Furthermore, the Commission defined a DTS station's potential maximum authorized service area to be comparable
to that which a DTV station could be authorized to serve with a single transmitter. D7S Order. 22 FCC Red at
16741. 17. To define each full-power DTV station's hypothetically maximized service area, the Commission
adopted a 'Table of Distances' approach. Id. at 16746-47, 26-7. According to this method. WMBC's contour is
allowed to be at a maximum of 103 kilometers from its 'reference point' established in the DTV Table of
Allotments. Id at 16748, 29; see also 47 C.F.R. 73.626. That point happens to fall in or near Little Falls. New
Jersey. See In the Matter of Advanced Television Systems and Their Impact Upon the Broadcast Service. 23 FCC
Rcd 4220, Appendix B (Mar. 6, 2008) (see coordinates listed at entry for Newton. NJ).
* Petition at 9.
n Petition at 9 & n.38 (citing Longley-Rice Analysis of WMBC Predicted Coverage Map, prepared by du Treil.
Lundin and Rackley, Inc. for WMBC, Exhibit Q).
3 Petition. Exhibit R.
4 Petition at 10 (citing Exhibit S, D)istance Calculation Worksheet).
* Petition at 10.2236
Federal Communications Commission
DA 12-330
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/377/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.