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.

BDTRET - 20080219APH

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
EDUCATIONAL BROADCASTING CORPORATION
Mailing Address
450 WEST 33RD STREET, SIXTH FLOOR
ATTN: JOSHUA C. NATHAN, ESQ.

City
NEW YORK
State or Country (if foreign address)
NY
ZIP Code
10001 - 2605
Telephone Number (include area code)
2125606976
E-Mail Address (if available) 
NATHAN@THIRTEEN.ORG
Contact Information (if different from licensee/permittee)
2. Contact Representative
JOHN W. BAGWELL, ESQ.
Firm or Company Name
LEVENTHAL SENTER & LERMAN PLLC
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)
2024298970
E-Mail Address (if available) 
JBAGWELL@LSL-LAW.COM
Station / Facility Information
3. FCC Registration Number
0003481967
Call Sign 
WNET
Facility ID Number
18795
Community of License: City
NEWARK

State
NJ

Network Affiliation (if applicable)
PBS
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: 13 
b. Post-Transition DTV Channel:  13
c. Pre-Transition DTV Channel (if different from Post-Transition channel.) 61
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: 02/17/2009




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:
02/17/2009
(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:
03/17/2008 (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
JOSHUA C. NATHAN
Typed or Printed Title of Person Signing
VICE PRESIDENT, GENERAL COUNSEL, AND SECRETARY
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

EDUCATIONAL BROADCASTING CORPORATION, LICENSEE OF TELEVISION STATION WNET(TV), NEWARK, NJ, CURRENTLY OPERATES AN ANALOG FACILITY ON CHANNEL 13 AND PRE-TRANSITION DTV FACILITY ON CHANNEL 61. THE STATION HAS BEEN IN OPERATION FROM THE EMPIRE STATE BUILDING IN NEW YORK CITY SINCE THE DESTRUCTION OF THE WORLD TRADE CENTER ON SEPTEMBER 11, 2001.

WITH THE PRE-TRANSITION CHANNEL ALLOTMENT OF 61 BEING POST TRANSITION OUT OF CORE, WNET(TV) CHOSE TO RETURN TO ITS VHF ANALOG ALLOTMENT CHANNEL 13 FOR THE POST-TRANSITION DIGITAL FACILITY. OPERATION OF THE POST-TRANSITION DTV FACILITY IS UNABLE TO COMMENCE UNTIL FEBRUARY 17, 2009. WNET(TV)'S ULTIMATE PLAN IS TO OPERATE WITH FACILITIES TO BE INSTALLED ON FREEDOM TOWER AT THE FORMER WORLD TRADE CENTER SITE, ONCE CONSTRUCTION OF THAT FACILITY IS COMPLETED. AT THE TRANSITION DATE, THE STATION WILL OPERATE POST-TRANSITION ON CHANNEL 13 FROM TEMPORARY FACILITIES AT THE EMPIRE STATE BUILDING, CURRENTLY USED BY THE STATION'S PRE-TRANSITION DTV CHANNEL 61 PURSUANT TO STA. THE FOLLOWING STEPS DESCRIBE THE TRANSTION TO POST-TRANSITION OPERATION ON CHANNEL 13 AT SUCH TEMPROARY FACILITIES.

ON FEBRUARY 17, 2009, WNET(TV) WILL PERFORM A FLASH-CUT TO THE POST-TRANSITION DTV FACILITY AT THAT TIME. THE PLAN TO PERFORM THIS SWITCH IS SUMMARIZED BELOW.

THE STATION'S CURRENT ANALOG FACILITY OPERATES WITH A LARCAN TT60M TRANSMITTER CONSISTING OF TWO 30 KW CABINET ASSEMBLIES. THIS CONFIGURATION ALLOWS FOR ONE HALF OF THE EXISTING FACILITY TO CONVERT TO DIGITAL OPERATION WHILE REMAINING OPERATIONAL AT FULL POWER WITH THE ANALOG FACILITY. PRIOR TO THE TRANSITION DATE, HALF OF THE EXISTING TRANSMITTER WILL BE CONVERTED TO ALLOW DIGITAL OPERATION AND OPERATIONALLY TESTED. THE RESULTANT LOSS IN ANALOG ERP IS LESS THAN 20% AND IS WITHIN THE TOLERANCE ALLOWED IN 73.1560. THE EXISTING ANTENNA SYSTEM REQUIRES NO MODIFICATION FOR DIGITAL OPERATION. AT MIDNIGHT ON THE TRANSITION DATE THE STATION WILL CEASE CHANNEL 61 OPERATION AND WILL COMMENCE DIGITAL OPERATION ON THE POST-TRANSITION ALLOTMENT CHANNEL 13. SUBSEQUENT TO THE DIGITAL TRANSITION, THE REMAINING ANALOG TRANSMITTER HALF WILL BE CONVERTED POST TRANSITION TO PROVIDE FOR A REDUNDANT FACILITY.

WNET ANTICIPATED DTV TRANSITION TIMELINE:

JANUARY 2008 PURCHASE AND SERVICES CONTRACT WERE EXECUTED WITH LARCAN COMMUNICATIONS FOR DTV CONVERSION EQUIPMENT AND SERVICES. WORK BEGAN ON ENGINEERING FOR DTV CP APPLICATION.

MARCH 2008 CP APPLICATION SUBMISSION FOR DTV CHANNEL 13 FACILITY.

OCTOBER 2008 EQUIPMENT DELIVERY INCLUDING NEW DIGITAL MASK FILTERS, EXCITERS AND METERING TO THE WNET TRANSMITTER SITE.

NOVEMBER 2008 INSTALLATION OF ADDITIONAL AND REDUNDANT TERMINAL EQUIPMENT.

DECEMBER 8 19, 2008 CONVERT HALF OF THE TRANSMITTER FOR DIGITAL OPERATION WITH THE INSTALLATION OF NEW MASK FILTER, EXCITER AND MISCELLANY EQUIPMENT.

JANUARY 6-23 DTV TESTING INCLUDING OVERNIGHT ON AIR PROGRAM TESTS.

FEBRUARY 17, 2009. CEASE ANALOG OPERATION AND COMMENCE DIGITAL OPERATIONS ON CHANNEL 13.

MARCH 2009 COMPLETE CONVERSION OF REMAINING TRANSMITTER HALF FOR DIGITAL OPERATION REDUNDANCY.

THE STATION ANTICIPATES FILING A MAXIMIZATION APPLICATION IN AUGUST 2008 TO ULTIMATELY OPERATE FROM POST-TRANSITION FACILTIES FROM THE FREEDOM TOWER.


Attachment 2


Exhibit 4
Description:
EXHIBIT 4

WNET(TV) CURRENTLY PROVIDES PRE-TRANSITION DIGITAL SERVICE ON CHANNEL 61 AND WILL PROVIDE POST-TRANSITION DIGITAL SERVICE ON CHANNEL 13.

DUE TO THE DESTRUCTION OF THE STATION'S DIGITAL FACILITIES AT THE WORLD TRADE CENTER ON SEPTEMBER 11, 2001, THE STATION HAS CONSTRUCTED DIGITAL FACILITIES AT THE EMPIRE STATE BUILDING. ULTIMATELY, WNET(TV) INTENDS TO CONSTRUCT AND OPERATE DIGITAL FACILITIES FROM THE FREEDOM TOWER, WHICH IS TO BE BUILT AT THE LOCATION OF THE FORMER WORLD TRADE CENTER.

CONSTRUCTION OF THE FREEDOM TOWER IS NOT EXPECTED TO BE COMPLETED BEFORE FEBRUARY 17, 2009. THEREFORE, WNET(TV) WILL FILE A CONSTRUCTION PERMIT APPLICATION FOR POST-TRANSITION FACILITIES AT THE EMPIRE STATE BUILDING. WHEN THE FCC LIFTS ITS CURRENT FREEZE ON MAXIMIZATION APPLICATIONS, WNET(TV) WILL FILE AN APPLICATION FOR MAXIMIZED FACILITIES FROM THE FREEDOM TOWER LOCATION. IT IS WNET(TV)'S UNDERSTANDING THAT THIS PROCESS WILL CONTINUE TO PROVIDE INTERFERENCE PROTECTION TO THE STATIONS APPENDIX B FACILITIES.

EXHIBIT 2 PROVIDES A DESCRIPTION AND ESTIMATED TIMELINE FOR THE CONSTRUCTION OF WNET(TV)'S TEMPORARY POST-TRANSITION DIGITAL FACILITIES AT THE EMPIRE STATE BUILDING.


Attachment 4