Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0386 (July 2002)
FOR FCC USE ONLY
 
Notification of Suspension of Operations

Read Instructions/FAQ before filling out form

FOR COMMISSION USE ONLY
FILE NO.

Section I - General Information
1. Legal Name of the Applicant
FORT MYERS BROADCASTING COMPANY
Mailing Address
2824 PALM BEACH BLVD

City
FORT MYERS
State or Country (if foreign address)
FL
Zip Code
33916 -
Telephone Number (include area code)
2393341111
E-Mail Address (if available)
JABELISLE@BROADLAW.COM
Call Sign
WINK-TV
Facility ID Number
22093
2. Contact Representative (if other than licensee/permittee)
JOSEPH BELISLE
Firm or Company Name
LEIBOWITZ & ASSOCIATES
Mailing Address
4400 BISCAYNE BLVD.
STE 880

City
MIAMI
State or Country (if foreign address)
FL
ZIP Code
33137 -
Telephone Number (include area code)
3055301322

E-Mail Address (if available)
JABELISLE@BROADLAW.COM
3. Purpose:
Notification of Suspension of Operations
Notification of Suspension of Operations and Request for Silent STA
Request for Silent STA
Request to Extend STA         
Resumption of Operations
4 Community of License:
City: FORT MYERS     State: FL
5. Reason for going silent:
Technical     Financing     Staffing
Program Source     Other
6.
Please provide a justification for the request
[Exhibit 4]
7.
Date Station will go silent:     02/17/2009   (mm/dd/yyyy)
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 kowledge 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
WAYNE SIMONS
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date (mm/dd/yyyy)
01/30/2009

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 4
Description:
EXHIBIT 4

PURSUANT TO THE FLEXIBILITY ADOPTED IN THE COMMISSION'S REPORT AND ORDER IN ITS THIRD PERIODIC REVIEW OF THE COMMISSION'S RULES AND POLICIES AFFECTING THE CONVERSION TO DIGITAL TELEVISION (THE'THIRD PERIODIC REVIEW'), FORT MYERS BROADCASTING COMPANY, LICENSEE OF TELEVISION STATION WINK-TV, NOTIFIES THE COMMISSION OF ITS INTENTION TO TERMINATE ANALOG SERVICE ON FEBRUARY 17, 2009. THEREAFER, LICENSEE WILL OPERATE ONLY ITS AUTHORIZED FINAL POST-TRANSITION DIGITAL FACILITY, WINK-DT.

THE LICENSEES OF THE NBC, CBS, ABC AND CW NETWORK STATIONS SERVING THE FORT MYERS-NAPLES, FLORIDA DMA FIRMLY BELIEVE THAT COMPLETING THIER TRANSITION TO DIGITAL ONLY BROADCASTING ON FEBRUARY 17, 2009, IS ESSENTIAL TO HAVING THE LOCAL VIEWING PUBLIC FULLY TRANSITIONED TO DIGITAL TELEVISION IN ADVANCE OF THE 2009 HURRICANE SEASON.

HURRICANE SEASON BEGINS JUNE 1. THE FORT MYERS-NAPLES DMA HAS BEEN AFFECTED BY A NUMBER OF POWERFUL STORMS IN RECENT TIMES, MOST NOTABLY HURRICANE CHARLEY, WHICH DEVISTATED CHARLOTTE COUNTY A FEW SHORT YEARS AGO. THE LOCAL HEARING IMPAIRED COMMUNITY RELIES HEAVILY ON TELEVISION FOR ITS EMERGENCY INFORMATION. IT IS IMPORTANT THAT THESE MOST VULNERABLE MEMBERS OF OUR VIEWING AUDIENCE HAVE SUFFICIENT TIME TO ADAPT TO DIGITAL TELEVISION BEFORE THEY FACE THIS YEAR'S SEASON OF POTENTIALLY LIFE THREATENING STORMS.

A SECOND CONSIDERATION IN THE TIMING OF AN EARLY DIGITAL TRANSITION IN THE FORT MYERS-NAPLES DMA IS THE LARGE INCREASE IN LOCAL POPULATION DURING WINTER MONTHS. THE 'SNOW BIRD' POPULATION OF THE DMA WILL BE IN RESIDENCE UNTIL APPROXIMATELY APRIL. THEIR TRANSITION TO DIGITAL TELEVISION WILL BE DELAYED UNTIL NEXT YEAR, UNLESS IT IS ACCOMPLISHED AT THIS TIME.

THE STATION WILL SOON BEGIN BROADCASTING NOTIFICATIONS, AS DESCRIBED IN PARAGRAPH 134 OF THE THIRD PERIODIC REVIEW, ADVISING VIEWERS OF ITS PLAN TO DISCONTINUE ANALOG OPERATIONS ON FEBRUARY 17, 2009. THESE VIEWER NOTIFICATIONS WILL BE BROADCAST ON A SCHEDULE THAT WILL ALLOW THE STATION TO COMPLETE 120 VIEWER NOTIFICATIONS--I.E., THE EQUIVALENT OF FOUR DAILY NOTIFICATIONS OVER 30 DAYS--BEFORE FEBRUARY 17, 2009.





Attachment 4