Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-1105 (February 2009)
FCC 387
FOR FCC USE ONLY
 
DTV TRANSITION STATUS REPORT

PLEASE READ INSTRUCTIONS BEFORE COMPLETING THIS FORM

FOR COMMISSION USE ONLY
FILE NO.

BDTRCT - 20080219ASE

NOTE: Each Licensee/Permittee is responsible for the continuing accuracy and completeness of the information furnished in this Form. Each Licensee/Permittee must update this Form, as necessary, until such Licensee/Permittee reports the completion of its transition (i.e., that it has begun operating its full, authorized facility as defined in the post-transition DTV Table, 47 C.F.R. 73.622(i), and accompanying Appendix B).

SECTION I - GENERAL INFORMATION

Licensee/Permittee Information
1. Legal Name of the Licensee/Permittee
BROADCASTING LICENSES, LIMITED PARTNERSHIP
Mailing Address
C/O NORTHWEST BROADCASTING, INC.
2111 UNIVERSITY PARK DRIVE, SUITE 650

City
OKEMOS
State or Country (if foreign address)
MI
ZIP Code
48864 -
Telephone Number (include area code)
5173474141
E-Mail Address (if available) 
Contact Information (if different from licensee/permittee)
2. Contact Representative
JOHN D. POUTASSE, ESQ.
Firm or Company Name

Mailing Address
2000 K STREET, NW
SUITE 600

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 - 1809
Telephone Number (include area code)
2024166774
E-Mail Address (if available) 
JPOUTASSE@LSL-LAW.COM
Station / Facility Information
3. FCC Registration Number
0006281562
Call Sign 
KMVU
Facility ID Number
32958
Community of License: City
MEDFORD

State
OR

Network Affiliation (if applicable)
FOX
Satellite?
Yes   No
Purpose of Form:
4.
a. Status Report
b. Update     
c. Amendment
If an amendment, submit as an Exhibit a listing by Section and Question Number the portions of the pending application that are being revised. [Exhibit 1]

SECTION II - CURRENT STATUS

1.
Currently Assigned Channels:
a. NTSC Channel: 26 
b. Post-Transition DTV Channel:  26
c. Pre-Transition DTV Channel (if different from Post-Transition channel.) 27
2.
Relevant FCC File No. for Post-Transition Authorization, if on file with Commission (or indicate "Not Yet Filed"):
FCC File No. - Not Yet Filed
3.
Current Construction Deadline: 02/19/2009




SECTION III - POST-TRANSITION FACILITY (Complete all items unless otherwise indicated.)

1. Operational Status:
Is the Licensee/Permittee now operating its fully authorized final, DTV (post-transition) facility?
Yes No     (If YES, go to Section V; If NO, go to Item 2.)

2. If Item 1 is NO (i.e., not fully operational), then indicate operational status of final, DTV (post-transition) facility and indicate date Licensee/Permittee expects to begin full, authorized post-transition operations: (check one)
(i)
Licensee/Permittee is operating its post-transition facility pursuant to program test authority; see 47 C.F.R. § 73.1620(a). If checked, indicate date Licensee/Permittee expects to file its license to cover (FCC Form 302) application. Expected Operational Date:
(mm/dd/yyyy)
(ii)
Licensee/Permittee is operating its post-transition facility pursuant to special temporary authority (STA) or at a reduced facility. If checked, indicate power level and percentage of analog population covered by reduced facility. Power Level
 kW
Population:
 %
(iii)
Licensee/Permittee is not operating its post-transition facility.
3. Construction Status:
Has the Licensee/Permittee completed construction of its final, DTV (post-transition) facility?
Yes No     (If YES, skip Items 4-5 and go to Item 6(a); If NO, go to Item 4.)

4. If Item 3 is NO (i.e., not fully constructed), then indicate construction status of final, DTV (post-transition) facility and indicate date Licensee/Permittee expects to complete construction: (check all that apply)
(i) Licensee/Permittee has not begun construction of its post-transition facility. Expected Construction Date:
04/15/2009
(mm/dd/yyyy)
(ii) Licensee/Permittee is now constructing its post-transition facility.
(iii) Licensee/Permittee has constructed a reduced post-transition facility and additional construction is needed to complete Licensee/Permittee's fully authorized facility.
5. Construction Permit Status:
Does the Licensee/Permittee hold a license or construction permit for its final, DTV (post-transition) facility?
Yes No     (If YES, go to Item 6(a); If NO, skip Item 6(a) and go to Item 6(b).)

6.
a. Does the Licensee/Permittee need to modify its license or construction permit in order to match the post-transition facilities defined for the Licensee/Permittee in the new DTV Table of Allotments, 47 C.F.R. § 73.622(i), as adopted in the Seventh Report and Order in MB Docket No. 87-268?
Yes No     (If YES, go to 6(b); If NO, skip Item 6(b) and go to Section IV.)

b. Has the Licensee/Permittee filed an application for a new or modified construction permit for its final, DTV (post-transition) facility? (If YES, indicate relevant FCC File No. and date filed; If NO, indicate date Licensee/Permittee expects to file such application.) (NOTE: To qualify for expedited processing, the Licensee/Permittee must file its application within 45 days of the effective date of the Report and Order in the Third DTV Periodic Review proceeding, MB Docket No. 07-91, as well as meet other criteria established in that proceeding.)
Yes
FCC File No.
- Filing Date: (mm/dd/yyyy)
No
Expected Filing Date:
04/01/2008 (mm/dd/yyyy)

SECTION IV -- ADDITIONAL STEPS NEEDED TO COMPLETE CONSTRUCTION (For Licensees/Permittees that are not fully constructed or operational.)

At present, Licensee/Permittee has the following needs that must be addressed before it can fully construct and/or operate its final, DTV (post-transition) facility: (check all that apply and for all checked responses, describe issue and estimate date of resolution. If necessary, provide an explanation or attach an Exhibit). [Exhibit 2]
(1) Licensee/Permittee needs to obtain FCC action on a pending application. (If checked, indicate date filed and relevant FCC File No.)
FCC File No. -

Date filed: (mm/dd/yyyy)

(2) Licensee/Permittee needs to obtain international government clearance for its post-transition facility.
(3) Licensee/Permittee needs to obtain FAA approval for its post-transition facility.
(4) Licensee/Permittee needs to obtain state or local governmental approval (e.g., zoning) for its post-transition facility.
(5) Licensee/Permittee needs to obtain, adjust and/or install equipment for its post-transition facility. (If checked, specify need below and indicate when equipment was ordered and expected delivery date.)
(1) New antenna.
(2) Adjust or install antenna (except for side-mount issue).
(3) Switch side-mounted DTV antenna with top-mounted analog antenna.
(4) New transmitter.
(5) Adjust or install transmitter.
(6) General installation of equipment requiring hiring of a tower crew.
(7) Other equipment needs. (If checked, specify.)
(6)
Licensee/Permittee needs to change its tower location or construct a new tower.
(7) Licensee/Permittee needs to coordinate its transition with other broadcast stations. (If checked, specify Call Signs of those other stations.)
(8) Licensee/Permittee has other needs that must be addressed before it can fully construct and operate its post-transition facility. (If checked, explain.)

SECTION V -- ANALOG SERVICE

Status of Analog Service. (Check one.) If necessary, provide an explanation or attach an Exhibit. Note: Full-power television broadcast stations must cease broadcasting in analog as of the transition date (i.e., June 12, 2009), as required by statute; see 47 U.S.C. § 309(j)(14). [Exhibit 3]
(1) Licensee/Permittee will continue to provide full, authorized analog service until the transition date.
(2) Licensee/Permittee has obtained FCC approval to reduce its analog service prior to the transition date. If checked, indicate relevant FCC File No., date reduced service will begin, power level and percentage of population covered by Licensee/Permittee's analog service.
(3) Licensee/Permittee has obtained FCC approval to terminate its analog service prior to the transition date. If checked, indicate relevant FCC File No. and date service will cease.
(4) Licensee/Permittee has filed an application with the FCC requesting approval to reduce its analog service prior to the transition date. If checked, indicate relevant FCC File No., proposed date reduced service would begin, proposed power level and percentage of population that would be covered by Licensee/Permittee's proposed reduced analog service.
(5) Licensee/Permittee has filed an application with the FCC requesting approval to terminate its analog service prior to the transition date. If checked, indicate relevant FCC File No. and proposed date service will cease.


SECTION VI -- DTV TRANSITION PLAN For Licensees/Permittees that are not fully constructed or operational.

Licensee/Permittee must describe in detail its plans for ceasing analog broadcasting by the June 12, 2009 transition date and for completing construction of its post-transition facility by the deadline. For example, plan must include a detailed time line of the Licensee/Permittee's plans to complete construction and any necessary testing of the Licensee/Permittee's full, authorized post-transition facility. [Exhibit 4]

SECTION VII -- ANTI-DRUG ABUSE ACT CERTIFICATION

Filer certifies that neither it nor any party to the form is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Yes No

SECTION VIII -- CERTIFICATION

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.)

Typed or Printed Name of Person Signing
CATHERINE GARDNER
Typed or Printed Title of Person Signing
ASSISTANT SECRETARY OF THE GENERAL PARTNER
Signature
Date
02/19/2008

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



Exhibits
Exhibit 2
Description:
EXHIBIT 2

BROADCASTING LICENSES, LIMITED PARTNERSHIP ('BLLP') IS THE LICENSEE OF KMVU(TV) (NTSC CHANNEL 26) AND KMVU-DT (DTV CHANNEL 27), MEDFORD, OREGON. BLLP HAS ELECTED TO OPERATE KMVU-DT ON ITS NTSC CHANNEL 26 POST-TRANSITION.

BLLP'S CONSTRUCTION OF THE POST-TRANSITION FACILITIES FOR KMVU-DT IS COMPLICATED BY TWO FACTORS. FIRST, THE KMVU(TV) AND KMVU-DT TRANSMITTER SITE IS LOCATED ON A REMOTE MOUNTAINTOP AT APPROXIMATELY 1197 METERS ABOVE MEAN SEA LEVEL. DUE TO THE STRONG POSSIBILITY OF HEAVY SNOW COVER DURING WINTER MONTHS, THERE IS A SUBSTANTIAL RISK THAT ACCESS TO THE SITE WOULD NOT BE POSSIBLE BEGINNING NOVEMBER 2008 THROUGH THE TRANSITION DATE. MOREOVER, AS INDICATED IN RESPONSE TO SECTION IV, BLLP MUST INSTALL A NEW ANTENNA FOR KMVU-DT. THE INSTALLATION OF A NEW ANTENNA UNDER SEVERE WINTER WEATHER CONDITIONS, INCLUDING HIGH WINDS, WOULD BE EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE. SECOND, BLLP HAS DETERMINED THAT IT MUST MOUNT THE NEW KMVU-DT ANTENNA IN THE SAME POSITION AS THE CURRENT KMVU(TV) ANALOG ANTENNA. AS A CONSEQUENCE, BLLP MUST TERMINATE ANALOG SERVICE ON KMVU(TV) IMMEDIATELY PRIOR TO THE INSTALLATION OF THE NEW KMVU-DT POST-TRANSITION ANTENNA.

BLLP CANNOT CONSTRUCT ITS FINAL, POST-TRANSITION FACILITY FOR KMVU-DT ON OR BEFORE FEBRUARY 17, 2009 WITHOUT CAUSING A SUBSTANTIAL AND EXTENDED DISRUPTION OF KMVU(TV)'S ANALOG SERVICE TO THE PUBLIC. SPECIFICALLY, BLLP WOULD BE FORCED TO REMOVE THE KMVU(TV) ANALOG ANTENNA, AND TERMINATE ANALOG SERVICE ON KMVU(TV), BY OCTOBER 2008, BEFORE SEVERE WINTER WEATHER CONDITIONS SET IN AT THE STATION'S TRANSMITTER SITE. NOT ONLY WOULD VIEWERS LOSE KMVU-TV'S OVER-THE-AIR SERVICE AT THAT TIME, BUT SUBSCRIBERS TO CABLE, DISH NETWORK AND DIRECTV WOULD LOSE KMVU'S FOX PROGRAMMING BECAUSE BLLP DELIVERS THAT PROGRAMMING VIA KMVU(TV). THIS SUBSTANTIAL AND EXTENDED DISRUPTION TO KMVU(TV)'S ANALOG PROGRAMMING SERVICE CAN ONLY BE AVOIDED THROUGH GRANT OF SPECIAL TEMPORARY AUTHORITY ('STA') TO BLLP FOR KMVU-DT TO TEMPORARILY REMAIN ON ITS PRE-TRANSITION DTV CHANNEL 27 FOR A SHORT PERIOD OF TIME AFTER THE DTV TRANSITION DATE. GRANT OF THAT STA REQUEST WOULD ENABLE KMVU(TV) TO CONTINUE TO PROVIDE ANALOG SERVICE UP TO THE TRANSITION DATE AND WOULD ALLOW BLLP TO REMOVE THE KMVU(TV) ANTENNA AND INSTALL THE NEW KMVU-DT ANTENNA AFTER THE CONCLUSION OF THE SEVERE WINTER WEATHER CONDITIONS AT THE STATION'S TRANSMITTER SITE.

BLLP IS IN THE PROCESS OF CONDUCTING AN ENGINEERING STUDY TO IDENTIFY A SUITABLE ANTENNA AND FEED LINE FOR KMVU-DT'S POST-TRANSITION OPERATIONS. BLLP ANTICIPATES THAT IT WILL FILE ITS APPLICATION FOR THE KMVU-DT POST-TRANSITION FACILITY BY APRIL 1, 2008. BLLP ANTICIPATES ORDERING ITS NEW ANTENNA IN MID-AUGUST AND EXPECTS DELIVERY OF THAT ANTENNA APPROXIMATELY 60 TO 90 DAYS THEREAFTER. BLLP WILL SUBMIT ORDERS FOR THE REMAINING EQUIPMENT (A CHANNEL 26 LOW PASS FILTER, STRINGENT MASK FILTER AND OTHER TRANSMISSION COMPONENTS) BY MID-SEPTEMBER, AND EXPECTS DELIVERY OF THAT EQUIPMENT APPROXIMATELY 60 DAYS THEREAFTER.

BLLP IS COMMITTED TO COMPLETING THE DIGITAL TRANSITION FOR KMVU-DT AS QUICKLY AS POSSIBLE, BUT THE COMPLETION OF CONSTRUCTION OF THE FINAL, POST-TRANSITION FACILITY FOR KMVU-DT WILL BE DICTATED BY WEATHER CONDITIONS AT THE STATION'S TRANSMITTER SITE. BLLP ANTICIPATES THAT IT WILL COMPLETE CONSTRUCTION OF KMVU-DT BY THE END OF APRIL 2009, AT WHICH TIME IT WILL CEASE BROADCASTING ON DTV CHANNEL 27.

BLLP NOTES THAT ITS PROPOSAL COMPLIES WITH THE FCC'S PHASED TRANSITION POPULATION COVERAGE GUIDELINES (POPULATION COUNTS BASED ON OET BULLETIN 69 METHOD):

PRESENT KMVU ANALOG (CH-26, 110 KW-DA, 440 M): 190,423 PERSONS

PRESENT KMVU-DT DIGITAL (CH-27, 10.3 KW-DA, 425 M): 204,350 PERSONS

KMVU-DT APPENDIX B DTV ALLOTMENT (CH-26, 50 KW-DA, 428 M): 216,674 PERSONS

TEMPORARY KMVU-DT POST-TRANSITION DIGITAL (CH-27, 10.3 KW-DA, 425 M): 204,350 PERSONS

IN ADDITION, BLLP HAS CONFIRMED THAT THE CONTINUED OPERATION OF KMVU-DT ON ITS PRE-TRANSITION CHANNEL WILL NEITHER CAUSE IMPERMISSIBLE INTERFERENCE TO ANY OTHER STATION NOR PREVENT ANY OTHER STATION FROM COMPLETING ITS DTV TRANSITION.

BLLP WILL CONTINUE TO OPERATE KMVU(TV) UNTIL THE TRANSITION DATE, AT WHICH TIME THE ANALOG TRANSMITTER WILL BE SHUT DOWN.

BLLP WILL UPDATE THIS EXHIBIT 2 AS CIRCUMSTANCES REQUIRE.


Attachment 2


Exhibit 4
Description:
EXHIBIT 4

SEE EXHIBIT 2.

Attachment 4