*Pages 1--2 from Microsoft Word - 4912.doc* Federal Communications Commission DA 00- 2592 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MM Docket No. 00- 140 Table of Allotments, ) RM- 9916 Digit al Television Broadcast St at ions. ) (Scottsbluff, Nebraska) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 22, 2000 Released: November 24, 2000 By the Chief, Video Services Division: 1. At the request of Duhamel Broadcasting Enterprises (" Duhamel"), licensee of station KDUH- TV, NTSC channel 4, Scottsbluff, Nebraska, the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 14863 (2000), proposing the substitution of DTV channel 7 for station KDUH- TV's assigned DTV channel 20. Duhamel filed comments reiterating its expression of interest in substituting channels at Scottsbluff. 2. We believe the public interest would be served by substituting DTV channel 7 for DTV channel 20 since it enable station KDUH- TV to cover the entire community of Scottsbluff with the requisite 36 dBu signal strength. DTV channel 7 can be allotted to Scottsbluff, Nebraska, as proposed, in compliance with the principle community coverage requirements of Section 73.625( a) at coordinates (42- 10- 21 N. and 103- 13- 57 W.). In addition, we find that this channel 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) for Station KDUH- TV with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) NE Scottsbluff 7 32. 4 592 95 3. Accordingly, pursuant to the authority contained 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 ORDERED, That effective January 9, 2001, the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Scottsbluff, Nebraska 7, 29 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, 1 Federal Communications Commission DA 00- 2592 2 Duhamel Broadcast ing Ent erprises shall submit t o t he Commission a minor change applicat ion for a construction permit (FCC Form 301) specifying DTV Channel 7 in lieu of DTV Channel 20 for station KDUH- TV. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418- 1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Services Division Mass Media Bureau 2