*Pages 1--2 from Microsoft Word - 9022.doc* Federal Communications Commission DA 01- 1220 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MM Docket No. 01- 41 Table of Allotments, ) RM- 10058 Digit al Television Broadcast St at ions. ) (Merced, California) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 16, 2001 Released: May 18, 2001 By the Chief, Video Services Division: 1. At the request of Sainte 51, L. P. (" Sainte"), permittee of station KNSO( TV), NTSC channel 51, Merced, California, the Commission has before it the Notice of Proposed Rule Making, 66 FR 10982, February 21, 2001, proposing the substitution of DTV channel 5 for station KNSO( TV) 's assigned DTV channel 38. Saint e filed comment s reconfirming its cont inuing int erest in applying for DTV channel 5, if allotted to Merced. No other comments were received. 2. We believe t he public int erest would be served by allot t ing DTV channel 5 since it will permit st at ion KNSO( TV) to increase its service area, while facilit at ing the use of a common ant enna site. DTV channel 5 can be allotted to Merced, California, as proposed, in compliance with the principle community coverage requirements of Section 73.625( a) at coordinates (37- 04- 18 N. and 119- 25- 53 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 KNSO( TV) with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) CA Merced 5 12.9 532 1452 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 July 2, 2001, the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules, IS AMENDED, wit h respect to the communit y list ed below, to read as follows: 1 Federal Communications Commission DA 01- 1220 2 City Channel No. Merced, California 5 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Saint e 51, L. P. shall submit to the Commission a minor change applicat ion for a const ruct ion permit (FCC Form 301) specifying DTV Channel 5 in lieu of DTV Channel 38 for station. 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