Scott Fybush has a great article on it as well.DIGITAL LOOPHOLE
New Jersey's Press Communications, which owns a string of radio stations in the Northeast, recently bought two tiny TV stations...KJWY-2-NBC in Jackson, WY (Market #198), and independent KVNV-3 in Ely, NV...for the bargain basement price of $1.2 million.
Now, according to the Northeast Radio Watch blog, the company plans to take advantage of a FCC loophole to move the stations right into the heart of the New York and Philadelphia TV markets.
Here's how. The loophole dates back to the mid-1980s controversy over the lack of local TV presence in both New Jersey and Delaware. An amendment to the Communications Act of 1933 established a way for states with no commercial VHF stations - a list that included only New Jersey and Delaware - to gain such operations: it provided that any licensee that notified the FCC that it was willing to accept reallocation to a VHF-less state would immediately be granted a license for the moved operation, bypassing just about every other provision of the Act except for spacing requirements.
The provision was very narrowly targeted, aimed entirely at moving New York's WOR-9 to Secaucus, NJ, a move owner RKO accepted in order to be allowed to sell the station instead of losing the license as part of the investigation into RKO's billing practices. But long after WOR made the move...and long after it was clear that the "move" didn't prevent channel 9, now WWOR, from continuing to be a "New York" station... transmitting from Manhattan and serving the entire metro area... the rule stayed on the books, apparently never to be used again.
Lawyers at Fletcher, Heald, and Hildreth spotted an opportunity. On June 12, WWOR's digital signal moved to channel 38, so New Jersey was essentially without a VHF station. With the channel 2 stations in New York City and Baltimore vacating that spot, and channel 3 in Philadelphia and Hartford going empty as well, there was spectrum suddenly available for VHF allotments in both New Jersey and Delaware...and a law on the books that appeared to give that spectrum to any station willing to make the move, just for the asking.
Press Communications notified the FCC on Monday that it was "willing to accept" reallocations that would move KJWY's channel 2 from Jackson to Wilmington, Delaware, and KVNV's channel 3 from Ely to Middletown Township, New Jersey - with strongly worded language making it clear that it believed the FCC is compelled by the language of Section 331(a) of the Communications Act to immediately grant those moves.
It should come as no surprise, of course, that the new "Delaware" and "New Jersey" stations would have their sights set on the bigger markets next door: Channel 2 would transmit with 10 kW/845' from the Roxborough tower farm in Philadelphia, while Channel 3 would have 10 kW/860' from the Four Times Square tower in Manhattan, making both signals full-market (within the limitations of low-band VHF) in their respective coverage areas.
Given the FCC's current lax requirements for local news...and the lack of a requirement for a main studio in the city of license, a rule that at least obliged WWOR to move its studio from Times Square to Secaucus back in the day...it appears there's little to stop the new channel 3 and channel 2 from setting up shop right in Manhattan and Philadelphia, yielding new stations in those cities at an amazing bargain price.
Is this a great country or what.
Two new Jersey stations via Wyoming & Nevada
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Two new Jersey stations via Wyoming & Nevada
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Re: Two new Jersey stations via Wyoming & Nevada
This is just so bullshit. Someone else gaming the system to make money.
The spirit and the original intention of the law have been violated.
The FCC needs to put the kabosh to this one.
I'm sure the NAB loves it, though. Expect the rails to be coated with vaseline.
Or KY Jelly, if you live in Jackson Wyoming or Ely Nevada.
The spirit and the original intention of the law have been violated.
The FCC needs to put the kabosh to this one.
I'm sure the NAB loves it, though. Expect the rails to be coated with vaseline.
Or KY Jelly, if you live in Jackson Wyoming or Ely Nevada.
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Re: Two new Jersey stations via Wyoming & Nevada
Wow, that was a stroke of genius by Press Communications. By the same token, the FCC would be wise to close this loophole immediately to prevent any future such moves.
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Re: Two new Jersey stations via Wyoming & Nevada
Hard to fault Press for taking advantage of it. Talk about a leap in value of the properties. Just turning them increases their value, what, thirty fold or more?
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Re: Two new Jersey stations via Wyoming & Nevada
Channel 2 in Philly and Channel 3 in NYC..... That makes my head spin.
I think this is total bullshit.
I think this is total bullshit.
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Re: Two new Jersey stations via Wyoming & Nevada
WOW.. It reminds me of the holes that allow stations to be moved into a distant bigger market.
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