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Federal Communications Commission DA 00- 1798
Before the
Federal Communications Commission
Washington, D. C. 20554
)
In the Matter of )
)
Amendment of Section 73.622( b), ) MM Docket No. 00- 139
Table of Allotments, ) RM- 9915
Digital Television Broadcast Stations. )
(Little Rock, Arkansas) )
)
)
NOTICE OF PROPOSED RULE MAKING
Adopted: August 17, 2000 Released: August 18, 2000
Comment Date: October 10, 2000
Reply Comment Date: October 25, 2000
By the Chief, Video Services Division:
1. The Commission has before it a petition for rule making filed by Channel 42 of Little Rock,
Inc. (" Channel 42"), licensee of station KYPX( TV), NTSC Channel 42, Little Rock, Arkansas.
Channel 42 requests the substitution of DTV Channel 44 for its assigned DTV Channel 43 at Little
Rock.
2. In support of its proposal, Channel 42 states that it needs to change channel and location in
order to avoid severely reducing its ERP to protect a vacant NTSC allotment on Channel 43 at El
Dorado, Arkansas. Additionally, Channel 42 states that since the release of the initial DTV Table of
Allotments, it has been granted authority to relocate analog station KYPX( TV) 's antenna to a new site
and t hat t he new facilit ies have been const ruct ed and licensed. Channel 42 st at es that operat ing on
Channel 44 would allow it to co- locat e and share analog and digit al facilit ies.
3. We believe petitioner's proposal warrants consideration. DTV Channel 44 can be
substituted for DTV Channel 43 at Little Rock, Arkansas, as proposed, in compliance with the
principle community coverage requirements of Section 73.625( a) at coordinates (34- 47- 56 N. and 92-
29- 44 W.). In addition, we find that this channel change is acceptable under the 2 percent criterion for
de minimis impact that is applied in evaluating requests for modification of initial DTV allotments
under Section 73.623( c)( 2). We propose to substitute DTV Channel 44 for DTV Channel 43 for
station KYPX- TV at Little Rock with the following specifications:
State & City DTV Channel DTV power (kW) Antenna HAAT (m)
AK Little Rock 44 1000 334
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4. Accordingly, we seek comments on the proposed amendment of the DTV Table of
Allotments, Section 73.622( b) of the Commission's Rules, for the community listed below, to read as
follows:
Channel No.
City Present Proposed
Little Rock, Arkansas 12c, 22, 30, 12c, 22, 30,
32, 43c, *47 32, 44, *47
5. The Commission's authority to institute rule making proceedings, showings required, cut- off
procedures, and filing requirement s are cont ained in the at t ached Appendix and are incorporat ed by
reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2
of the Appendix before a channel will be allotted.
6. Interested parties may file comments on or before October 10, 2000, and reply comments
on or before October 25, 2000, and are advised to read the Appendix for the proper procedures.
Comment s should be filed wit h the Secret ary, Federal Communicat ions Commission, Washingt on,
D. C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel
or consultant, as follows:
Scott S. Patrick
Dow, Lohnes & Albertson, PLLC
1200 New Hampshire Avenue, NW
Suite 800
Washington, DC 20036- 6802
(Counsel Channel 42 of Little Rock, Inc.)
7. The Commission has det ermined that the relevant provisions of the Regulat ory Flexibilit y
Act of 1980 do not apply to rule making proceedings to amend the TV Table of Allotments, Section
73.606( b) and 73.622( b) of the Commission's Rules. See Certification That Sections 603 and 604 of
t he Regulat ory Flexibilit y Act Do Not Apply to Rule Making to Amend Sect ions 73. 202( b), 73.504
and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. The Regulatory Flexibilit y
Act of 1980 would also not apply to rule making proceedings to amend the DTV Table of Allotments,
Section 73.622( b) of the Commission's Rules.
8. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media
Bureau, (202) 418- 1600. For purposes of this restricted notice and comment rule making proceeding,
members of the public are advised that no ex parte presentations are permitted from the time the
Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such
decision is no longer subject to reconsideration by the Commission or review by any court. An ex
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parte presentation is not prohibited if specifically requested by the Commission or staff for the
clarification or adduction of evidence or resolution of issues in the proceeding. However, any new
written information elicited from such a request or a summary of any new oral information shall be
served by the person making the presentation upon the other parties to the proceeding unless the
Commission specifically waives t his service requirement . Any comment which has not been served on
the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding. Any
reply comment which has not been served on the person( s) who filed the comment, to which the reply
is directed, constitutes an ex parte presentation and shall not be considered in the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Services Division
Mass Media Bureau
Attachment: Appendix
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APPENDIX
1. Pursuant to authority found in Sections 4( i), 5( c)( 1), 303( g) and (r), and 307( b) of the
Communications Act of 1934, as amended, and Sections 0.61, 0.204( b) and 0.283 of the Commission's
Rules, IT IS PROPOSED TO AMEND the DTV Table of Allotments, Section 73.622( b) of the
Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule Making to which this
Appendix is attached.
2. Showings Required. Comments are invited on the proposal( s) discussed in the Notice of
Proposed Rule Making to which this Appendix is at t ached. Proponent (s) will be expect ed t o answer
whatever questions are presented in initial comments. The proponent of a proposed allotment is also
expected to file comments even if it only resubmits or incorporates by reference its former pleadings. It
should also restate its present intention to apply for the channel if it is allotted and, if authorized, to
build a st at ion prompt ly. Failure to file may lead to denial of the request .
3. Cut- off protection. The following procedures will govern the consideration of filings in this
proceeding.
(a) Counterproposals advanced in this proceeding itself will be considered, if advanced in init ial
comment s, so that part ies may comment on them in reply comment s. They will not be considered if
advanced in reply comments. (See Section 1.420( d) of the Commission's Rules).
(b) With respect to petitions for rule making which conflict with the proposals in this Notice,
t hey will be considered as comment s in the proceeding, and Public Notice to this effect will be given as
long as they are filed before the date for filing initial comments herein. If they are filed later than that,
t hey will not be considered in connect ion wit h the decision in this docket .
(c) The filing of a counterproposal may lead the Commission to allot a different channel than was
requested for any of the communities involved.
4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out in
Sections 1.415 and 1.420 of the Commission's Rules and Regulat ions, int erest ed part ies may file
comments and reply comments on or before the dates set forth in the Notice of Proposed Rule Making
to which this Appendix is attached. All submissions by parties to this proceeding or by persons acting
on behalf of such part ies must be made in writ t en comment s, reply comment s, or ot her appropriat e
pleadings. Comment s shall be served on the pet it ioner by the person filing the comment s. Reply
comments shall be served on the person( s) who filed comments to which the reply is directed. Such
comments and reply comments shall be accompanied by a certificate of service. (See Section 1.420( a),
(b) and (c) of t he Commission's Rules.) Comment s should be filed wit h the Secret ary, Federal
Communications Commission, Washington, D. C. 20554.
5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's
Rules and Regulations, an original and four copies of all comments, reply comments, pleadings, briefs,
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or other documents shall be furnished the Commission.
6. Public Inspection of Filings. All filings made in this proceeding will be available for
examination by interested parties during regular business hours in the Commission's Reference Center
(Room CY- A257) at its headquarters, 445 12th Street, S. W., Washington, D. C.
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