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TV Stations Seek Waivers on DTV Deadline

Several TV stations are asking the FCC for waivers to a July 1 deadline for DTV stations to reach their full service areas, mainly due to construction problems, state issues and environmental issues. As of Thurs., the FCC had received at least 34 requests to extend the deadline, a spokeswoman said. Several broadcast attorneys told us they plan to file more requests this week.

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The so-called “use-it-or-lose-it” deadline for DTV licensees affiliated with the top-4 networks in the top 100 markets requires their DTV signals reach 100% of viewers served by the 1997 facilities on which their replication coverage was based. DTV stations failing to meet the deadline face loss of interference protection, potentially permanently limiting their audience reach.

The July deadline is eluding many stations, said attorney Matt DelNero. His firm represents Lambert Bcstg. of Burlington, Vt., licensee of WVNY-DT (ABC) Burlington, among 4 network affiliates that had proposed co-locating their DTV facilities atop Mt. Mansfield, the highest peak in Vt., on land owned by the U. of Vt. Construction fell behind due to the need for many state approvals, because the project involved a single joint proposal designed to minimize the number of antennas and towers. Construction time at the remote site was limited as well, DelNero said. Construction of the building is scheduled for June 1, 2006. DelNero said he plans to file 3 more waiver requests this week based on stations with similar “extraordinary circumstances.” He wouldn’t provide details.

Attorney John Burgett said he plans to seek 2 extensions for broadcast clients. He also intends to file 3 requests for informal waivers, saying the stations won’t be able to meet the deadline because their construction permits haven’t expired.

Zoning issues at Lookout Mountain in Colo. continue to keep Denver TV broadcasters from constructing and operating permanent DTV facilities, officials said. Multimedia Holdings Corp., a Gannett Co. subsidiary and permittee of KUSA-DT, told the FCC it can’t say when it will resolve these issues. The station operates at reduced power to avoid interference and won’t meet the deadline, it said.

At least 4 Fox TV stations filed waiver requests. WGHP-DT, High Point, N.C., had delays erecting an antenna tower that would support the station’s full-power DTV equipment. The station also had trouble with the Randallman zoning board, which finally approved a proposed new tower about 180 feet away from the location proposed. WGHP-DT asked the FCC for a “modest” waiver of time to achieve full power.

Fox’s WHBQ-DT, Memphis, can’t operate at full digital power because its top-mounted analog antenna requires that its digital antenna be side-mounted. The station said it would be able to move its digital antenna to the top of its tower and comply fully with FCC after analog operation is terminated. Fox’s WBRC-DT, Birmingham, Ala., filed for a waiver due to 2 years of negotiations with tenant Ala. Public TV to relocate from its tower. The tower couldn’t support both broadcasters’ analog and digital equipment. The station does plan to have a DTV transmitter building completed and tested by mid-July, it said.

Despite the flood of waiver requests, Lynn Claudy, NAB senior vp-science & technology, said broadcasters in general are comfortable with the DTV deadlines. “I think there has been adequate time to deal with the deadline, except in rare cases,” Claudy said.