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 - 20090611ABG

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
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
Contact Information (if different from licensee/permittee)
2. Contact Representative
HOWARD M. LIBERMAN
Firm or Company Name
DRINKER BIDDLE & REATH LLP
Mailing Address
1500 K ST NW
SUITE 1100

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 -
Telephone Number (include area code)
2028428876
E-Mail Address (if available) 
HOWARD.LIBERMAN@DBR.COM
Station / Facility Information
3. FCC Registration Number
0009961889
Call Sign 
WHAG-TV
Facility ID Number
25045
Community of License: City
HAGERSTOWN

State
MD

Network Affiliation (if applicable)
NBC
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: 25 
b. Post-Transition DTV Channel:  26
c. Pre-Transition DTV Channel (if different from Post-Transition channel.) 55
2.
Relevant FCC File No. for Post-Transition Authorization, if on file with Commission (or indicate "Not Yet Filed"):
FCC File No. BMPCDT- 20080619AJL Not Yet Filed
3.
Current Construction Deadline: 06/12/2009




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: 06/12/2009
(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:
06/12/2009
(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
PERRY SOOK
Typed or Printed Title of Person Signing
CEO & PRESIDENT
Signature
Date
06/11/2009

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:
CONSTRUCTION NEEDS

RESPONDENT MUST COORDINATE THE INITIATION OF DTV TRANSMISSION ON CHANNEL 26 WITH NON-COMMERCIAL TELEVISION STATION AND PBS AFFILIATE WETA-TV, WASHINGTON, D.C., WHICH HAS REPORTED TO THE COMMISSION THAT IT INTENDS TO BROADCAST ITS ANALOG SIGNAL ON CHANNEL 26 UNTIL JUNE 12 (SEE BDTRET-20080213ADR).

SEE EXHIBIT 4 FOR ADDITIONAL INFORMATION.

Attachment 2


Exhibit 3
Description:
STATUS OF ANALOG SERVICE

SEE EXHIBIT 4 FOR ADDITIONAL INFORMATION.

Attachment 3


Exhibit 4
Description:
CONSTRUCTION STATUS

NEXSTAR BROADCASTING, INC. ('NEXSTAR') RECENTLY FILED A REQUEST FOR SPECIAL TEMPORARY AUTHORITY TO TERMINATE WHAG-TV'S ANALOG OPERATIONS TWO DAYS EARLIER THAN ORIGINALLY PLANNED, ON JUNE 10, 2009 (SEE BLSTA-20090529AHL), WHICH CURRENTLY IS PENDING.

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 CANNOT BEGIN 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 ACCESS ROAD TO THE TOP OF THE MOUNTAIN IS VERY NARROW, AND THE ONLY WAY TO DELIVER THE NEW DTV ANTENNA TO THE SITE IS VIA HELICOPTER. THERE ARE A VERY LIMITED NUMBER OF COMPANIES AVAILABLE FOR THIS TYPE OF WORK, AND SCHEDULING A CREW REQUIRES MANY MONTHS NOTICE. THE HELICOPTER CONSTRUCTION CREW THAT NEXSTAR WAS ABLE TO HIRE IS NOT AVAILABLE ON JUNE 12, 2009. THE WORK BEGAN AS SCHEDULED ON JUNE 10, 2009.

WHAG-TV TERMINATED ITS ANALOG OPERATIONS ON JUNE 10, 2009, WITH WORK COMMENCING SHORTLY THEREAFTER TO REMOVE THE STATION'S ANALOG ANTENNA AND REPLACE IT WITH THE STATION'S NEW DIGITAL ANTENNA. WHILE WORK IS ONGOING, IT MAY ALSO BE NECESSARY TO TERMINATE WHAG-DT'S PRE-TRANSITION DTV OPERATIONS, IN ORDER TO AVOID HUMAN RF EXPOSURE. ONCE INSTALLATION OF THE POST-TRANSITION DTV FACILITY IS COMPLETE, WHAG-TV WILL RESUME DTV OPERATIONS ON ITS PRE-TRANSITION CHANNEL (55) AND AWAIT CONFIRMATION FROM WETA-TV ON JUNE 12 THAT ITS ANALOG OPERATIONS HAVE TERMINATED BEFORE COMMENCING POST-TRANSITION DTV OPERATIONS ON CHANNEL 26. IN THE MEANTIME, NEXSTAR HAS ARRANGED FOR WHAG-TV'S SIGNAL TO BE DELIVERED TO LOCAL MVPD HEADENDS VIA FIBER SO THAT MOST OF WHAG-TV'S VIEWERS WILL BE UNAFFECTED BY THE CONSTRUCTION WORK TAKING PLACE ON JUNE 10.

NEXSTAR WILL FILE A 302-DT FOR WHAG-DT WITHIN TEN DAYS OF THE STATION'S COMMENCEMENT OF POST-TRANSITION DIGITAL OPERAITONS.

Attachment 4