Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0386 (July 2002)
FOR FCC USE ONLY
 
Legal STA

Read Instructions/FAQ before filling out form

FOR COMMISSION USE ONLY
FILE NO.

BLDSTA - 20080818ABP
Section I - General Information
1. Legal Name of the Applicant
LESEA BROADCASTING OF INDIANAPOLIS, INC.
Mailing Address
61300 S. IRONWOOD ROAD

City
SOUTH BEND
State or Country (if foreign address)
IN
Zip Code
46614 -
Telephone Number (include area code)
5742918200
E-Mail Address (if available)
FCC Registration No
0011681483
Call Sign
WHMB-TV
Facility ID Number
37102
2. Contact Representative (if other than licensee/permittee)
JOSEPH C. CHAUTIN, III
Firm or Company Name
HARDY, CAREY, CHAUTIN & BALKIN, LLP
Mailing Address
1080 WEST CAUSEWAY APPROACH

City
MANDEVILLE
State or Country (if foreign address)
LA
ZIP Code
70471 -
Telephone Number (include area code)
9856290777

E-Mail Address (if available)
JCHAUTIN@HARDYCAREY.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA
Legal STA
Extension of Existing Legal STA         
4. Service: DS 
5. Community of License:
City: INDIANAPOLIS     State: IN
6. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other
N/A (Fee Required)
7.
Please explain in detail the "extraordinary circumstances" which warrant temporary operations at variance from the Commission's Rules. In addition, please specify 1) the specific rules and/or policies from which the applicant seeks temporary relief; 2) how the public interest will be furthered by grant; and 3) the expected duration of the STA and the licensee's plan for restoration of licensed operation.
[Exhibit 38]
8.
Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any party to the application 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

I hereby 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.

Typed or Printed Name of Person Signing
PETER SUMRALL
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date (mm/dd/yyyy)
08/18/2008

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 38
Description:
PHASED TRANSITION JUSTIFICATION

PURSUANT TO THE 3RD DTV PERIODIC REVIEW REPORT & ORDER (R&O) ISSUED DECEMBER 31, 2007, WHMB-DT HEREBY REQUESTS PHASED TRANSITION AUTHORITY TO OPERATE ON ITS PRE-TRANSITION DIGITAL CHANNEL 16 AFTER FEBRUARY 17, 2009. THIS REQUEST IS CONTINGENT UPON A GRANT BY THE FCC OF A PENDING RULEMAKING TO SUBSTITUTE DIGITAL CHANNELS FOR WHMB-DT, THE EFFECT OF WHICH WILL ELIMINATE CHANNEL 16 FROM THE POST-TRANSITION TABLE OF ALLOTMENTS.

WHMB-DT HAS BUILT AND IS OPERATING AND CURRENTLY LICENSED FOR ITS APPENDIX B PRE- AND POST-TRANSITION DIGITAL FACILITIES ON CHANNEL 16 (BLCDT-20060619AAG). ON JUNE 19, 2008, WHMB-DT FILED A PETITION FOR RULEMAKING TO SUBSTITUTE DIGITAL CHANNEL 20 FOR 16 AND AMEND THE POST-TRANSITION DTV TABLE OF ALLOTMENTS ACCORDINGLY. THE PROPOSED CHANGE WILL ENABLE WHMB-DT TO DELIVER A DIGITAL SIGNAL TO AN ADDITIONAL 423,345 VIEWERS. ON JULY 9, 2008, THE FCC ISSUED A NOTICE OF PROPOSED RULEMAKING CONCLUDING THAT WHMB-DT'S PROPOSAL WARRANTED CONSIDERATION, AND SOUGHT COMMENT (MB DKT 08-122). FEDERAL REGISTER PUBLICATION HAS OCCURRED, AND COMMENT PERIODS HAVE BEGUN TO RUN.

NO ORDER APPROVING THE CHANNEL SUBSTITUTION/AMENDING THE POST-TRANSITION TABLE HAS ISSUED AT THIS TIME. HOWEVER, IF SUCH AN ORDER ISSUES LATER THIS FALL, THE POST-TRANSITION TABLE WILL BE AMENDED TO AUTHORIZE POST-TRANSITION OPERATIONS ON CHANNEL 20, AN ACTION THAT WILL TERMINATE WHMB-DT'S AUTHORITY TO OPERATE ON CHANNEL 16 AFTER 2/17/09. THE TIMING OF THAT ACTION WILL LEAVE WHMB-DT WITH INSUFFICIENT TIME TO ORDER AND INSTALL NECESSARY EQUIPMENT FOR CHANNEL 20 OPERATIONS. TO AVOID A LOSS OF POST-TRANSITION SERVICE TO THE PUBLIC, WHMB-DT WILL REQUIRE TEMPORARY POST-TRANSITION AUTHORITY TO CONTINUE OPERATIONS ON CHANNEL 16 UNTIL SUCH TIME AS IT CAN ORDER AND INSTALL NEW EQUIPMENT FOR CHANNEL 20 OPERATIONS.

PARAGRAPHS 92-93 OF THE R&O ADOPT PROCEDURES FOR TEMPORARY USE OF IN-CORE PRE-TRANSITION DTV CHANNELS TO ALLOW STATIONS THAT ARE MOVING TO A DIFFERENT DTV CHANNEL FOR POST-TRANSITION OPERATIONS TO TEMPORARILY REMAIN ON THEIR PRE-TRANSITION DTV CHANNEL WHILE THEY COMPLETE CONSTRUCTION, PROVIDED THAT THE PRE-TRANSITION FACILITIES (1) SERVE AT LEAST THE SAME POPULATION THAT RECEIVES THE STATION'S CURRENT ANALOG AND DIGITAL TELEVISION SERVICES, AND (2) DO NOT CAUSE IMPERMISSIBLE INTERFERENCE TO OTHER STATIONS OR PREVENT OTHER STATIONS FROM MAKING THEIR TRANSITION. WHMB-DT'S PROPOSED POST-TRANSITION OPERATIONS ON ITS PRE-TRANSITION CHANNEL 16 MEETS BOTH CRITERIA.

FIRST, WHMB-DT'S CHANNEL 16 DIGITAL FACILITIES REPLICATE THE STATION'S ANALOG FACILITIES, AND THEREFORE NO LOSS OF SERVICE TO THE STATION'S CURRENT ANALOG AND DIGITAL VIEWERS WILL OCCUR. SECOND, UNDER THE FCC'S NEW 0.5 PERCENT INTERFERENCE STANDARD, WHMB-DT'S TEMPORARY POST-TRANSITION OPERATION ON CHANNEL 16 WILL NOT INCREASE EXISTING INTERFERENCE TO OTHER FULL POWER OR CLASS A STATIONS, AND THEREFORE WILL NOT CAUSE IMPERMISSIBLE INTERFERENCE TO OTHER STATIONS OR PREVENT OTHER STATIONS FROM MAKING THEIR TRANSITION.

CONTINGENT UPON THE ISSUANCE OF AN ORDER AMENDING THE POST-TRANSITION TABLE OF ALLOTMENTS TO SUBSTITUTE CHANNEL 20 FOR 16 FOR WHMB-DT IN INDIANAPOLIS, INDIANA, AND BASED UPON THE REASONS AND JUSTIFICATIONS SET FORTH ABOVE, THE STATION HEREBY RESPECTFULLY REQUESTS THAT THE FCC AUTHORIZE IT TO TEMPORARILY CONDUCT POST-TRANSITION DIGITAL OPERATIONS FOR WHMB-DT ON CHANNEL 16 AT ITS CURRENTLY LICENSED PARAMETERS UNTIL FEBRUARY 18, 2010 TO ENABLE EQUIPMENT PURCHASES AND CONSTRUCTION ON CHANNEL 20. A GRANT OF THIS REQUEST IS IN THE PUBLIC INTEREST AS IT WILL AVOID A LOSS OF SERVICE AFTER 2/17/09, AND ULTIMATELY ENABLE DELIVERY OF DIGITAL SERVICE TO ANOTHER 423,345 VIEWERS.


Attachment 38