Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Establishment of a Class A ) MM Docket No. 00-10
Television Service )
Comments of:
Larry L. Schrecongost
Licensee of WLLS-LP
Indiana, PA 15701
Introduction
WLLS-LP Indiana, PA, applauds the Community Broadcasters Protection Act
(CBPA) of 1999 where Congress has sought to address the secondary nature of
LPTV stations and to provide the LPTV licensee with a means to secure a Primary
Class A license. Congress has instructed the Commission to formulate Rules
governing the new Class A license and has mandated a very quick timetable for
the implementation of Class A television service by requiring rapid formation
of Commission procedures following the creation of the Act. Thus, the CBPA
contemplates rapid relief to the LPTV broadcaster by creating the stability of
a primary Class A license.
At Para 13 in its NPRM, the Commission interprets the statute as creating
three exceptions to the LPTV service preservation requirement: ...?(1) DTV
stations seeking to replicate their analog TV service areas within the
station?s allotted engineering parameters, (2) DTV stations who filed a
maximization application or statement of intent to maximize their service areas
by December 31, 1999 and a maximization application by May 1, 2000 and (3) DTV
stations that encounter technical problems that necessitate adjustments to the
stations? DTV allotment parameters, including channel changes?. With very
narrow exceptions, Congress has directed that the service areas of LPTV
stations granted a certificate of eligibility are to be preserved with
Congress? intent being for a presumption of rapid protection to the service
area of a Class A station.
Class A Protected Service Area
The Commission?s proposed contour protection for analog Class A stations
is too restrictive. In its NPRM, the Commission proposes that Class A stations
have only the same limited grade A protected areas as have analog LPTV
stations. Primary Class A stations must have their grade-B signal areas
protected to the same extent that primary full power stations enjoy.
Significantly, the Commission acknowledges in its NPRM that, because of the
power limitations of Class A stations, they may not even be able to provide the
grade-A, 73.685(a) specified level of coverage to their community of license.
Indeed, Class A stations won?t be able to adequately serve their licensed
communities if their grade-B signal coverage isn?t guaranteed protection.
Service to the television-viewing public in a Class A grade-B service
contour is just as important as it is to the viewer in a grade-B full service
contour. Likewise, the grade-B viewer is as economically important to the
Class A broadcaster as he is to the full power broadcaster. The lack of
protection to the grade-B Class A contour will adversely impact the ability of
the Class A broadcaster to attract advertisers and remain in business. There
will be far fewer viewers to attract advertisers without an interference-free
Class A grade-B signal area. The Commission has already determined that
virtually all LPTV broadcasters are small businesses or entities and must
formulate its rules to protect Class A stations to the grade-B service contour
and formulate companion digital rules affording similar protection.
Local Programming Criterion
At Para 19 in its NPRM, the Commission proposes defining ?market area? as
the stations grade-A protected service area, then asks if local programming
criterion must occur in the proposed definition of market area. This proposal
is unnecessarily restrictive and would be in conflict with the Commission?s
newly revised main studio rule. See, MM 97-138, Review of the Commission?s
Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast
TV and Radio Stations, Memorandum Opinion and Order, Released May 28, 1999.
Here, the Commission amended its Rules governing the main studio location to
allow a station to locate its main studio at any location that is within which
the principal community contour of any station, of any service, licensed to its
community of license or 25 miles from the reference coordinates of the center
of its community of license.
WLLS-LP with an ERP of 21.3Kw may presently locate its main studio at the
studios of sister station WTYM 1380 AM, Kittanning, PA. The WTYM studios lie
directly in the main lobe of WLLS-LP?s directional signal, at approximately 22
miles NW of the reference coordinates of WLLS-LP?s city of license Indiana, PA,
and fall outside the WLLS-LP grade-A signal contour, but within its grade-B
contour. Alternatively, WLLS-LP may locate its main studio at sister station
WNCC 950 AM, Northern Cambria (Barnesboro), PA. The WNCC
studios lie well outside the WLLS-LP grade-B contour, at approximately 22 miles
E of the Indiana, PA, reference coordinates. Either planned location for the
WLLS-LP studios would be
compliant with the Commission?s Main Studio Rule, but under the Commission?s
unduly strict proposal for local programming requirements, any programming
originating from either location as a main WLLS-LP studio would not be
credited. WLLS-LP believes that its coverage contours are similar and
representative of the contours of many, if not most, of the LPTV stations
desiring to become Class A broadcasters. Absent any other disqualification to
comply with the Commission?s revision of Main Studio requirements, any
programming originating at a station?s Main Studio must always be fully
creditable to any local origination threshold requirements.
Nor, for program origination purposes, should the ?market area? be
limited to that area which is only within the 25-mile permissible studio
location radius. An artificially restricted definition of market area reverts
community interests to horse and buggy days when, in reality, we exist in a
global village. If WLLS-LP, for example, believes it appropriate to report the
travels and appearance of a local high school band 1200 miles away at Disney
World with three hours of remote news accounts, then such programming should be
fully credit-worthy.
The licensee is best qualified to determine programming that is
responsive to community needs and interests. The standard of where that
programming is originated, in whole or part, should be left to the discretion
of the licensee, with any possible focus being on the reasonableness of the
licensee?s actions, if later called into question by the Commission.
Class A Facilities Changes
The Commission at Para(s) 44-48 of its NPRM acknowledges various
scenarios for future Class A facilities change applications and, indeed, points
out that the CBPA appears to contemplate facilities changes to Class A stations
in the future.
WLLS-LP suggests that, in addition to the various scenarios envisioned by
the Commission for possible Class A upgrades, the Commission should adopt a
Rule similar to the Rule provision which exists for FM broadcasters at
1.420(g)(3) and 73.203(b) which allows for upgrades between the various classes
of license.
Until the CBPA?s Class A provisions, there was no Part 73 television
class difference between licensees and, therefore, no need for a companion to
the FM Rule. Nonetheless, 1.420(g) was not just a Rule designed for FM
broadcasters as it addresses allowable television upgrades from UHF to VHF.
There is no reason why Class A licensees should not have the additional
flexibility to improve their facilities in a one-step fashion to full-power
class facilities, provided that the proposed facilities would not conflict with
previously authorized or proposed facilities.
Accordingly, WLLS-LP urges the Commission to incorporate each of its
proposals into the outcome of this Rule Making proceeding.
Respectfully submitted,
/s/ Larry L. Schrecongost
February 10, 2000
Larry L. Schrecongost
Licensee, WLLS-LP
P.O. Box 1032
Indiana, PA 15701