Temporary shutdown and return
On April 16, 2009, as a result of its bankruptcy, Equity Media Holdings auctioned off 60 of its television stations. WNGS was sold to Daystar Television Network for a total of $7.4 million. Daystar already owned WDTB-LP in nearby Hamburg, along with six other full-service stations and nine LPTV and Class A stations.[9] Also around this time, WNGS's agreement with WKBW-TV ended.[10] The sale was approved by the Federal Communications Commission in August 2009. WNGS went off the air on June 12, 2009, after not being able to complete its transition to digital-only broadcasts on time, and remained silent for almost a year. Meanwhile, on May 14, 2010, Daystar filed to sell the station to ITV of Buffalo, LLC,[11] a partnership owned by local TV personalities Philip Arno and Donald Angelo, for $2.75 million, with plans to program the station from Clarence, New York.[12] Angelo later dropped his involvement in the station.
WNGS finally completed its digital transmitter and returned to the air in late May 2010, carrying programming from Daystar.[13] The sale was completed on September 16, 2010; at that time, the station rejoined This TV.[14] Setting a template for future transactions as it had done with KOCE-TV in the Los Angeles market after a failed sale, a condition of sale was that Daystar would have the right to program one subchannel on WNGS indefinitely, which it continues to do currently.
WNGS, formerly on a digital subchannel of WKBW-TV, had planned to launch its own digital signal on WKBW-TV's former analog channel allocation, channel 7, at the end of the 2009 digital transition.
By December 2008, both the ability of WNGS to transition to its own digital facilities and its ability to continue broadcasting were directly jeopardized as (according to a DTV status report by the station), "On December 8, 2008, the licensee's parent corporation filed a petition for bankruptcy relief under Chapter 11 of the federal bankruptcy code, case #4:08-BK-17646-M, U.S. district court for the district of Arkansas. This station must obtain post-petition financing and court approval before digital facilities may be constructed. The station will cease analogue broadcasting on June 12, 2009, regardless of whether digital facilities are operational by that date. The station will file authority to remain silent if so required by the FCC."[15]
While the station had applied for an extension for a construction permit for its digital transmitter,[16] it was unable to continue analog operations as it was not only a full-service station, but it also operated on a frequency which was to be reallocated for non-broadcast use at the end of the digital television transition. Further complicating matters was that Kitchener, Ontario's CTV owned-and-operated station CKCO-TV, a station serving portions of southern Ontario with a signal that penetrates Western New York, was assigned the same channel 7 allocation by the Canadian Radio-television and Telecommunications Commission (CRTC) for its own digital signal. It should have applied to simulcast digitally before its analog channel 13 broadcasts end in August 2011, when that station would move digital broadcasts to channel 13.[17]
Daystar's last-minute proposal to transmit from a broadcast tower used by WNYO-TV (channel 49) in Folsomdale, New York, instead of using WKBW-TV's Colden tower was rejected due to WNYO-TV owner Sinclair Broadcast Group's last-minute decision to broadcast WNYO-TV on its lower power digital channel 34 from Grand Island, and receiving FCC approval to transfer its digital signal to a full-power channel 49 transmission from Folsomdale on June 12.
Because WNGS failed to begin digital broadcasts on channel 7 after June 12, 2009, local cable providers had an option to no longer carry the station despite WNGS' direct fiber connection to the providers from West Valley. As the Buffalo market stretches west to near Erie, Pennsylvania, east towards Rochester, New York, north towards Toronto, and several counties in northern Pennsylvania in an area with several varieties of terrain, pay television service is almost a requirement for optimum viewing in outlying areas. This resulted in the Buffalo–Hamilton–Toronto area having one of the highest pay-television penetration rates in North America. Very few households watched the over-the-signals of many of the stations, resulting in serious trouble for WNGS if it were unable to continue maintaining its must-carry status. While Daystar's existing analog translator stations could maintain the station's service in the area, WDTB-LP only covered small portions of the city of Buffalo, far from providing market-wide coverage by any means.
On June 12, 2009, WNGS switched to a "nightlight" service, broadcasting only a still screen reading "WNGS has ceased operations as of June 12, 2009". Though it technically extended the broadcast life of the station, this was not allowed to continue any later than July 12, far too soon for a digital over-the-air signal to be ready. DirecTV customers in the Buffalo market stopped receiving WNGS on June 22, 2009, and on July 12 the analog transmitter was turned off, starting the clock on the station's requirement to build digital facilities by July 12, 2010, when the FCC could consider the license abandoned and delete it.
By March 2010, the station still had not returned to the air in any form. Time Warner Cable ended its hold on WNGS' channel 11 cable slot; WNLO was moved into that position and TWC's regional cable news channel YNN Buffalo was placed on channel 9, the former location of WNLO.[18]
In late May 2010, WNGS began transmitting its digital signal on channel 7, a month before license deletion.[13] It invoked must carry and returned to Time Warner Cable on channel 5 (a prime cable position that WNGS specifically lobbied to obtain) in November 2010.[19] The station's website returned sometime in December 2010. After an appeal to the Federal Communications Commission, WBBZ-TV also invoked must-carry in Time Warner Cable's other Western New York service areas in November 2012; TWC had initially refused to carry WBBZ-TV in those markets, ostensibly because of signal quality issues.[20]
