[opendtv] Re: FCC Commissioners disagree on media cross-ownership rules

  • From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 14 Nov 2007 18:48:15 -0500

John Shutt wrote:

> I wonder if the UHF rule will apply post analog shut-off to a
> VHF station that has a final ATSC assignment in the UHF band?

The reason for that rule had to do with propagation qualities of VHF vs
UHF, but who knows. The VHF digital stations seem to be at such low
power levels that one wonders.

I think this is the last word from the FCC on the UHF discount question:

-------------------------------------------
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-93A1.pdf

E. UHF Discount

34. In Prometheus, the Third Circuit held that challenges to the
Commission's national television ownership rule were moot following
Congressional action that set the national cap at 39 percent. In so
doing, the court also addressed the Commission's UHF discount rule,
which we have used in calculating a UHF station's audience reach under
the national TV cap. The court stated that the UHF discount rule "is
insulated from this and future periodic review requirements" and yet
also noted that the "Commission is now considering its authority going
forward to modify or eliminate the discount and recently took public
comment on the issue." The court then concluded that that Commission may
decide the scope of our authority to modify or eliminate the UHF
discount outside of the Section 202(h) mandate.

35. We seek comment on whether the court's holding on the UHF discount
rule was ambiguous. We seek comment on whether the Commission should
retain, modify, or eliminate the UHF discount. Commenters who urge us to
modify or eliminate the UHF discount rule should discuss the basis for
our authority to take such action.
--------------------------------------------

Sounds pretty ambiguous to me. But for now, the discount remains.

Looks like in most markets, post transition, low VHF analog stations
retain their temporary UHF digital slots after transition, or get a new
UHF frequency allocation. And many high VHF analog stations move their
digital channel to their previous analog frequency, at very reduced
power. Numbers in the single digit KW to maybe 20 KW ERP in high VHF.
Sounds low to me.

Bert
 
 
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