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.

BDTUCDT - 20081209AAC

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
WLNY LIMITED PARTNERSHIP
Mailing Address
C/O WLNY-TV INC.
270 SOUTH SERVICE ROAD, SUITE 55

City
MELVILLE
State or Country (if foreign address)
NY
ZIP Code
11747 - 2337
Telephone Number (include area code)
6317778855
E-Mail Address (if available) 
Contact Information (if different from licensee/permittee)
2. Contact Representative
RONALD A. SIEGEL
Firm or Company Name
COHN AND MARKS LLP
Mailing Address
1920 N STREET, NW
SUITE 300

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 - 1622
Telephone Number (include area code)
2022933860
E-Mail Address (if available) 
Station / Facility Information
3. FCC Registration Number
0014424048
Call Sign 
WLNY-DT
Facility ID Number
73206
Community of License: City
RIVERHEAD

State
NY

Network Affiliation (if applicable)
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: 55 
b. Post-Transition DTV Channel:  47
c. Pre-Transition DTV Channel (if different from Post-Transition channel.) 57
2.
Relevant FCC File No. for Post-Transition Authorization, if on file with Commission (or indicate "Not Yet Filed"):
FCC File No. BMPCDT- 20080721ABJ 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: 02/17/2009
(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:
(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
DAVID FEINBLATT
Typed or Printed Title of Person Signing
VICE PRESIDENT WLNY GP INC., GENERAL PARTNER OF LICENSEE
Signature
Date
12/09/2008

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:
EQUIPMENT STATUS AND COORDINATION OF TRANSITION WITH OTHER STATIONS

STATION WLNY-DT'S POST-TRANSITION DTV CHANNEL IS CHANNEL 47. STATION WNJU, LINDEN, NJ, IS CURRENTLY OPERATING ON ANALOG CHANNEL 47 AND, THEREFORE, COORDINATION WITH STATION WNJU IS NECESSARY IN ORDER FOR STATION WLNY-DT TO IMPLEMENT ITS DTV CHANNEL 47 OPERATION.

SEE EXHIBIT 4 FOR STATUS OF CONSTRUCTION AND EQUIPMENT.

Attachment 2


Exhibit 3
Description:
TERMINATION OF ANALOG SERVICE ON WLNY

STATION WLNY CEASED ANALOG OPERATION ON CHANNEL 55 ON DECEMBER 31, 2005 PURSUANT TO FCC AUTHORIZATION (FCC LETTER DECISION, DA 05-2482, DATED SEPTEMBER 21, 2005).

Attachment 3


Exhibit 4
Description:
WLNY-DT DIGITAL TRANSITION PLAN

AS OF THE DATE OF WLNY'S LAST FILED DTV TRANSITION STATUS REPORT (FILED OCTOBER 16, 2008), WLNY REPORTED THAT IT WAS ON SCHEDULE TO COMPLETE CONSTRUCTION OF ITS POST-TRANSITION DIGITAL CHANNEL 47 FACILITY IN A TIMELY FASHION. WLNY POINTED OUT THAT WNJU, LINDEN, NJ, CURRENTLY OPERATES ON ANALOG CHANNEL 47 (ASSIGNED DIGITAL CHANNEL 36) AND THAT WLNY CANNOT COMMENCE OPERATION OF ITS DIGITAL CHANNEL 47 FACILITY UNTIL WNJU TERMINATES ITS OPERATION ON ANALOG CHANNEL 47.

WLNY, A DIGITAL ONLY STATION, IS CURRENTLY OPERATING ON DIGITAL CHANNEL 57 WITH A POWER OF 30.9 KW ERP USING AN ANTENNA SIDE-MOUNTED ON ITS TOWER AND A LOWER POWER CHANNEL 57 TRANSMITTER PURSUANT TO SPECIAL TEMPORARY AUTHORITY (STA) ISSUED BY THE FCC ON AUGUST 21, 2008 (BSTA-20080807ACE). THE STA WAS SOUGHT BY WLNY SO THAT IT COULD CONTINUE TO PROVIDE SERVICE TO THE PUBLIC WHILE IT DISMANTLES ITS PRE-TRANSITION FULL-POWER DIGITAL CHANNEL 57 ANTENNA HOUSED ON THE TOP OF THE TOWER AND INSTALLS ITS NEW POST-TRANSITION DIGITAL CHANNEL 47 ANTENNA AT THAT LOCATION.

WLNY HAS DILIGENTLY PURSUED THE CONSTRUCTION OF ITS DIGITAL CHANNEL 47 FACILITY SO AS TO BE READY TO OPERATE POST-TRANSITION ON THAT CHANNEL. IN ACCORDANCE WITH ITS DTV TRANSITION PLAN, ON NOVEMBER 17, 2008, WLNY COMPLETED THE TASK (WITH THE SERVICES OF A TOWER RIGGING AND HELICOPTER CREW) OF REMOVING ITS EXISTING DIGITAL CHANNEL 57 ANTENNA FROM THE TOP OF THE TOWER AND REPLACING IT WITH THE NEW DIGITAL CHANNEL 47 ANTENNA. ALL THAT REMAINED TO BE DONE WAS THE RETUNING OF THE EXISTING FULL-POWER DIGITAL CHANNEL 57 TRANSMITTER TO OPERATE ON DIGITAL CHANNEL 47 AND THIS TASK WAS EXPECTED TO BE COMPLETED BY NO LATER THAN DECEMBER 19, 2008. AS PART OF THIS RETUNING PROCESS, ELECTRONIC RESEARCH, INC. (ERI), A PROMINENT BROADCAST EQUIPMENT MANUFACTURER, WAS RESPONSIBLE FOR FURNISHING CERTAIN PARTS EXTERNAL TO THE DIGITAL CHANNEL 47 TRANSMITTER (RETUNING AN RF SWITCH FROM CHANNEL 57 TO CHANNEL 47 AND MANUFACTURING A NEW MASK FILTER CUT TO CHANNEL 47). UP UNTIL DECEMBER 2, 2008, WLNY WAS LED TO BELIEVE THAT EVERYTHING WAS PROCEEDING SMOOTHLY AND THAT THESE PARTS WOULD BE COMPLETED BY ERI AND DELIVERED TO WLNY ON SCHEDULE AT THE LATER PART OF NOVEMBER OR BY NO LATER THAN THE BEGINNING OF DECEMBER. HOWEVER, ON DECEMBER 2, 2008, WLNY LEARNED FROM ITS OUTSIDE EQUIPMENT COORDINATOR THAT THERE WOULD BE A DELAY IN THE COMPLETION OF WORK ON THE PARTS NECESSARY TO READY THE TRANSMITTER FOR OPERATION ON DIGITAL CHANNEL 47 DUE TO PROBLEMS BEING EXPERIENCED BY ERI. IMMEDIATELY UPON HEARING THIS TOTALLY UNANTICIPATED NEWS, WLNY CONTACTED ERI IN AN EFFORT TO GET FURTHER INFORMATION ABOUT THIS SITUATION. WLNY WAS TOLD BY ERI THAT A COMBINATION OF SEVERE SKILLED LABOR LOSSES AND A HIGHER THAN NORMAL WORK LOAD FROM TV STATIONS NEEDING TO MEET THE FEBRUARY 17, 2009 DTV TRANSITION DEADLINE IS CAUSING DELAYS ON PROJECTS, INCLUDING THE PARTS NEEDED BY WLNY. HOWEVER, ERI COMMITTED IN WRITING TO WLNY THAT THE PARTS WOULD BE COMPLETED AND DELIVERED TO WLNY BY NO LATER THAN JANUARY 30, 2009. WLNY INTENDS TO REGULARLY MONITOR THE PROGRESS OF THE WORK ON THESE PARTS.

IF ERI MEETS ITS DELIVERY DATE COMMITMENT, WLNY CAN INSTALL THE PARTS WITHIN A FEW DAYS AND WILL BE READY FOR FULL-POWER DTV OPERATION BY THE TRANSITION DEADLINE. HOWEVER, IF FOR ANY REASON ERI CANNOT MAKE TIMELY DELIVERY (AN OCCURRENCE THAT WOULD BE OUTSIDE OF THE CONTROL OF WLNY), WLNY'S EMERGENCY BACKUP PLAN IS TO REQUEST AN STA TO OPERATE ON DIGITAL CHANNEL 47 WITH REDUCED POWER (USING A LOW POWER TRANSMITTER ON HAND) UNTIL IT CAN COMMENCE FULL POWER DIGITAL OPERATIONS AND TO FILE AN APPLICATION FOR EXTENSION OF ITS DIGITAL CONSTRUCTION PERMIT BEYOND ITS FEBRUARY 17, 2009 EXPIRATION DATE.

Attachment 4