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.

BDTUCT - 20090203ADQ

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
WJBK LICENSE, INC.
Mailing Address
444 NORTH CAPITOL STREET, NW, SUITE 740
C/O DIANNE SMITH (NEWS CORP)

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20001 -
Telephone Number (include area code)
2027152350
E-Mail Address (if available) 
DIANNE.SMITH@NEWSCORP.COM
Contact Information (if different from licensee/permittee)
2. Contact Representative
JARED S. SHER
Firm or Company Name
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Mailing Address
1440 NEW YORK AVE, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 -
Telephone Number (include area code)
2023717574
E-Mail Address (if available) 
JARED.SHER@SKADDEN.COM
Station / Facility Information
3. FCC Registration Number
0003710605
Call Sign 
WJBK
Facility ID Number
73123
Community of License: City
DETROIT

State
MI

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:
b. Post-Transition DTV Channel:  7
c. Pre-Transition DTV Channel (if different from Post-Transition channel.) 58
2.
Relevant FCC File No. for Post-Transition Authorization, if on file with Commission (or indicate "Not Yet Filed"):
FCC File No. BPCDT- 20080307ACO 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: 06/30/2009
(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:
06/30/2009
(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
DIANNE SMITH
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date
02/03/2009

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 2
Description:
ADDITIONAL STEPS

OTHER EQUIPMENT NEEDS INCLUDE TRANSMISSION LINE AND T0WER UPGRADES. TRANSITION MUST BE COORDINATED WITH WXYZ-TV.

Attachment 2


Exhibit 4
Description:
TRANSITION PLAN UPDATE

WJBK-DT
FCC FORM 387 UPDATED JANUARY 31, 2009
EXHIBIT 4

ANALOG PLAN

WJBK CHANNEL 2 HAS FILED A SPECIAL TEMPORARY AUTHORITY APPLICATION TO OPERATE OUR CHANNEL 2 TRANSMISSION FACILITY TO ACT AS AN OVER THE AIR NIGHTLIGHT ACCORDING TO THE PROVISIONS OF SAFER ACT. FOR A 30 DAY PERIOD FOLLOWING THE DIGITAL SWITCH ON FEBRUARY 17, 2009, WJBK CHANNEL 2 WILL SERVE AS AN ELECTRONIC COMMUNITY BULLETIN BOARD TO PROVIDE CRITICAL POST-TRANSITION DTV AND EMERGENCY INFORMATION TO THE DETROIT METROPOLITAN AREA TO SERVICE THE PUBLIC INTEREST CONVENIENCE AND NECESSITY.

IF THE STA IS APPROVED WJBK CHANNEL 2 WILL SIGN-OFF AT 11:59:59 PM ON MARCH 19, 2009.

DIGITAL PLAN UTILIZING THE COMMISSION'S 'PHASED TRANSITION' OPTION

PRE-TRANSITION WJBK-DT IS LICENSED TO OPERATE ON CHANNEL 58 AT A HAAT OF 274 METERS ON OUR OWNED AND OPERATED TOWER. WJBK (TV) AND WJBK-DT ARE THE ONLY STATIONS ON THIS TOWER.

WJBK-DT ELECTED CHANNEL 7 FOR ITS POST-TRANSITION OPERATIONS, AND THE COMMISSION APPROVED THAT ELECTION. CHANNEL 7 WILL BECOME AVAILABLE IN THE DETROIT MARKET WHEN STATION WXYZ -TV ANALOG OPERATIONS SIGN-OFF ON FEBRUARY 17, 2009. WJBK-DT HAS BEGUN TO COORDINATE EQUIPMENT AND PROGRAM TESTS WITH WXYZ-TV.

ON MARCH 7, 2008 WJBK FILED AN APPLICATION FOR AND RECEIVED CONSTRUCTION PERMIT, BPCDT-20080307ACO FOR POST-TRANSITION MAIN DTV FACILITY ON JUNE 17, 2008 THAT WAS RE-ISSUED ON JULY 31, 2008 TO INCLUDE THE SPECIAL OPERATING CONDITION THAT OUR FACILITY CAN NOT COMMENCE OPERATION PRIOR TO MIDNIGHT OF FEBRUARY 17, 2009 OR BY SUCH OTHER DATE AS THE COMMISSION MAY ESTABLISH IN THE FUTURE, WITHOUT PRIOR APPROVAL FROM THE COMMISSION.

ON MARCH 10, 2008 WJBK FILED AN APPLICATION FOR AND RECEIVED A CONSTRUCTION PERMIT, BXPCDT-200803010ADZ FOR POST-TRANSITION AUXILIARY DTV FACILITY ON AUGUST 22, 2008. THIS FACILITY WILL BE THE USED TO MEET FIRST STEP OF WJBK-DT PHASED TRANSITION ON FEBRUARY 18, 2009.

ON JUNE 20, 2008 WJBK FILED FOR MAXIMIZATION OF OUR MAIN DTV FACILITY TO PROVIDE 98% POPULATION COVERAGE OF OUR PRE-TRANSITION ANALOG SERVICE. THIS APPLICATION IS PENDING.

ON SEPTEMBER 21, 2008 WJBK FILED A SPECIAL TEMPORARY AUTHORITY APPLICATION TO OPERATE OUR AUXILIARY DTV FACILITY UNTIL SUCH TIME AS WE CAN COMPLETE CONSTRUCTION OF OUR FINAL POST-TRANSITION FACILITY (BPCDT-20080307ACO). THE STA IS NECESSARY BECAUSE THE NEW CHANNEL 7 DIGITAL ANTENNA WILL BE PLACED IN THE TOP MOUNT ANTENNA APERTURE WHERE WJBKS ANALOG ANTENNA IS CURRENTLY INSTALLED. THIS CONSTRUCTION POSES A UNIQUE TECHNICAL CHALLENGE AS DESCRIBED ON THE FOLLOWING PAGE.

ON NOVEMBER 3, 2008 WJBK FILED AN AMENDMENT TO OUR APPLICATION TO MAXIMIZE OUR MAIN DTV FACILITY REDUCING OUR REQUESTED ERP FROM 60KW TO 27.2KW. THIS APPLICATION IS PENDING.

WJBK-DT FACES A UNIQUE TECHNICAL CHALLENGE DUE TO THE NEED TO CONVERT ITS CURRENT CHANNEL 58 OPERATIONS TO CHANNEL 7. DUE TO OUR NORTHERN GEOGRAPHIC LOCATION WE ARE UNABLE TO SAFELY WORK ON OUR TOWER DURING THE MONTHS OF FEBRUARY THROUGH APRIL OR MAY (DEPENDING ON WEATHER CONDITIONS). THEREFORE, TO AVOID MULTIPLE VIEWER DISRUPTIONS, WE MUST FIRST BUILD OUR AUXILIARY FACILITIES TO MEET THE FEBRUARY 17, 2009 DEADLINE AND WAIT FOR SUITABLE WEATHER CONDITIONS TO REMOVE OUR EXISTING TOP MOUNT ANALOG ANTENNA AND INSTALL OUR DIGITAL ANTENNA IN ITS POSITION. IN ADDITION, WE MUST CLOSELY COORDINATE WITH WXYZ-TV WHO IS CURRENTLY OPERATING THEIR ANALOG FACILITIES ON OUR POST TRANSITION CHANNEL. THEY MUST AGREE TO POWER DOWN THEIR ANALOG TRANSMITTER PRIOR TO TESTING OUR DTV EQUIPMENT AND PROGRAMS.

TO AVOID DISENFRANCHISING 100% OF ITS ANALOG AND DIGITAL VIEWERS BEFORE THE TRANSITION, WJBK-DT PLANS TO UTILIZE THE COMMISSION'S PHASED TRANSITION OPTION AS FOLLOWS:


AUGUST-OCT. 2008WJBK FINISHED THE TOWER REINFORCEMENT INSTALLED TRANSMISSION LINE AND THE DIGITAL ANTENNA IN TOWER APERTURE FORMERLY OCCUPIED BY WJBK ANALOG AUXILIARY ANTENNA AT 242 METERS HAAT. WE HAVE ALSO INSTALLED AND VERIFIED THE PERFORMANCE OF OUR AUXILIARY 6.5KW LARCAN DTV TRANSMITTER INTO A STATION DUMMY LOAD.

DECEMBER 2008IN COOPERATION WITH WXYZ, WE VERIFIED THE PERFORMANCE OF OUR NEW CHANNEL 7 LARCAN DTV TRANSMITTER. THIS NEW TRANSMITTER WAS TESTED AT THE AUTHORIZED ERP OF 15KW OVER THE AIR FOR A PERIOD OF HOUR IN THE EARLY MORNING OF DECEMBER 13, 2008. WXYZ TURNED OFF THEIR ANALOG TRANSMITTER FOR A PERIOD OF HOUR AND WE TURNED ON OUR TRANSMITTER DURING THIS TIME. ALL SYSTEMS PERFORMED TO DESIGNED SPECIFICATIONS.

FEBRUARY 18, 2009 BEGIN POST-TRANSITION OPERATIONS WITH WJBK-DT CHANNEL 7 AUXILIARY AT 15KW ERP POWER AT 242 METERS HAAT AND REACH 87.4% OF ITS PRE-TRANSITION AUDIENCE. IF AUTHORIZED, BEGIN POST-TRANSITION OPERATION OF CHANNEL 2 NIGHTLIGHT TRANSMITTER.

MARCH 19, 2009TURN OF OUR ANALOG NIGHTLIGHT CHANNEL 2 TRANSMITTER

APRIL - MAY 2009 WHEN SUITABLE WEATHER CONDITIONS TO RETURN TO DETROIT AND ALLOW SAFE WORKING CONDITIONS ON OUR TOWER, INSTALLATION OF OUR ERI CHANNEL 7 MAIN TOP MOUNT ANTENNA AT 315 METERS HAAT.

JUNE 2009 WJBK-DT BEGINS OPERATING ITS FULLY AUTHORIZED POST-TRANSITION
FACILITY. PROVIDED OUR APPLICATION TO MAXIMIZE OUR FACILITY IS APPROVED, WE WILL BEGIN TRANSMITTING AT 27.2KW ERP AT 315 METERS HAAT TO REACH 95% OF ITS PRE-TRANSITION DTV AUDIENCE.




Attachment 4