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.

BLSTA - 20090529AHL
Section I - General Information
1. Legal Name of the Applicant
NEXSTAR BROADCASTING, INC.
Mailing Address
ATTN: ELIZABETH HAMMOND
5215 NORTH O'CONNOR BLVD, SUITE 1400

City
IRVING
State or Country (if foreign address)
TX
Zip Code
75039 -
Telephone Number (include area code)
9723738800
E-Mail Address (if available)
EHAMMOND@NEXSTAR.TV
FCC Registration No
0009961889
Call Sign
WHAG-TV
Facility ID Number
25045
2. Contact Representative (if other than licensee/permittee)
HOWARD LIBERMAN
Firm or Company Name
DRINKER BIDDLE & REATH LLP
Mailing Address
1500 K STREET, N.W.
SUITE 1100

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 - 1209
Telephone Number (include area code)
2028428876

E-Mail Address (if available)
HOWARD.LIBERMAN@DBR.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA
Legal STA
Extension of Existing Legal STA         
4. Service: TV 
5. Community of License:
City: HAGERSTOWN     State: MD
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
PERRY SOOK
Typed or Printed Title of Person Signing
PRESIDENT AND CEO
Signature
Date (mm/dd/yyyy)
05/29/2009

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 38
Description:
EXHIBIT 38

THE INSTANT FILING REQUESTS SPECIAL TEMPORARY AUTHORITY (STA) TO TERMINATE THE ANALOG FACILITY ASSOCIATED WITH WHAG-TV ON JUNE 10, 2009 TWO DAYS EARLIER THAN PREVIOUSLY ANTICIPATED IN ORDER TO ACCOMMODATE THE INSTALLATION OF THE STATIONS POST-TRANSITION DTV EQUIPMENT. AS EXPLAINED BELOW, SUCH INSTALLATION MAY TAKE PLACE ON JUNE 11, 2009, DEPENDING ON WEATHER CONDITIONS.

AS THE COMMISSION IS AWARE, WHAG-TV IS AUTHORIZED TO OPERATE ITS ANALOG FACILITIES ON CHANNEL 25, ITS PRE-TRANSITION DTV FACILITIES ON CHANNEL 55 AND ITS POST-TRANSITION FACILITIES ON CHANNEL 26. WHAG-TV IS PRECLUDED FROM OPERATING ITS POST-TRANSITION FACILITIES ON CHANNEL 26 UNTIL WETA-TV, WASHINGTON, DC TERMINATES ITS ANALOG OPERATIONS ON CHANNEL 26. WETA-TV HAS ADVISED THE COMMISSION THAT IT WILL BE TERMINATING ANALOG OPERATIONS BETWEEN 6:01 A.M. AND 12:00 NOON ON JUNE 12, 2009.

WHAG-TV OPERATES ITS ANALOG AND DTV FACILITIES ON A REMOTE MOUNTAINTOP SITE IN CLEAR SPRINGS, MARYLAND. THE ONLY ROAD ENABLING ACCESS TO THE TOP OF THE MOUNTAIN IS SO NARROW THAT IT IS NOT POSSIBLE FOR A TRUCK OR OTHER MOTOR VEHICLE TO TRANSPORT THE STATIONS NEW DTV ANTENNA, WHICH HAS BEEN ASSEMBLED AT ANOTHER LOCATION, TO THE TOWER SITE. ACCORDINGLY, THE ONLY MEANS OF DELIVERING THE NEW DTV ANTENNA TO THE SITE IS VIA HELICOPTER. THERE ARE A VERY LIMITED NUMBER OF COMPANIES THAT ARE AVAILABLE FOR THIS TYPE OF WORK, AND SCHEDULING A CREW REQUIRES MANY MONTHS NOTICE. THE HELICOPTER CONSTRUCTION CREW THAT NEXSTAR BROADCASTING, INC. (NEXSTAR) WAS ABLE TO SECURE FOR THIS PURPOSE IS NOT AVAILABLE ON JUNE 12, 2009. THE WORK HAS BEEN SCHEDULED FOR JUNE 10, 2009, WHICH ALLOWS AN EXTRA DAY IN CASE THERE ARE WEATHER PROBLEMS THAT WOULD PREVENT THE HELICOPTER FROM FLYING TO THE TOWER SITE.

UNDER THE CURRENT PLAN, WHAG-TV INTENDS TO TERMINATE ITS ANALOG OPERATIONS AT 4:00 A.M. ON JUNE 10, 2009, WITH WORK COMMENCING SHORTLY THEREAFTER. WHILE WORK IS ONGOING, IT MAY ALSO BE NECESSARY TO TERMINATE WHAG-TVS PRE-TRANSITION DTV OPERATIONS, IN ORDER TO AVOID HUMAN RF EXPOSURE. ONCE THE INSTALLATION OF THE POST-TRANSITION DTV FACILITY IS COMPLETE, WHAG-TV WILL RESUME DTV OPERATIONS ON ITS PRE-TRANSITION CHANNEL (55) AND WILL AWAIT CONFIRMATION FROM WETA-TV ON JUNE 12 THAT ITS ANALOG OPERATIONS HAVE TERMINATED BEFORE WHAG-TV WILL COMMENCE OPERATING IN DTV FORMAT ON ITS POST-TRANSITION CHANNEL (26). IN THE MEANTIME, NEXSTAR HAS ARRANGED FOR WHAG-TVS SIGNAL TO BE DELIVERED TO LOCAL MVPD HEADENDS VIA FIBER, SO THAT MOST OF WHAG-TVS VIEWERS WILL BE COMPLETELY UNAFFECTED BY THE CONSTRUCTION WORK TAKING PLACE ON JUNE 10 OR 11.

BASED ON THE FOREGOING, GRANT OF NEXSTARS REQUEST FOR STA TO TERMINATE WHAG-TVS ANALOG OPERATIONS ON EITHER JUNE 10 OR JUNE 11, 2009 IS IN THE PUBLIC INTEREST, BECAUSE IT WILL RESULT IN THE CONTINUED DELIVERY OF WHAG-TVS POPULAR OVER-THE-AIR PROGRAMMING, INCLUDING NBC NETWORK PROGRAMMING, TO VIEWERS IN AND AROUND HAGERSTOWN, MD WITH MINIMAL DISRUPTION. UPON THE GRANT OF THE INSTANT REQUEST, NEXSTAR WILL REVISE WHAG-TVS DTV VIEWER NOTIFICATION ANNOUNCEMENTS TO INDICATE THAT ANALOG OPERATIONS WILL BE TERMINATING SLIGHTLY EARLIER THAN PREVIOUSLY EXPECTED.


Attachment 38