1. APPLICATION IS FOR A NEW LPTV FOR DIGITAL SERVICE PER DA09-1487. 2. LONGLEY RICE STUDY PER FCC STANDARDS INDICATES APPLICATION IS IN COMPLIANCE WITH APPLICABLE PORTIONS OF PARA. 74.793 3. APPLICATION CATEGORICALLY EXCLUDED FROM ENVIRONMENTAL PROCESSING BY PARA 1.1307, ET. SEQ., AS HAVING LESS THAN 5% OF NIER FOR ITS SERVICE.