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 Federal  Communications  Commission  DA  01-  1222 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  01-  29 
 Table  of  Allotments,  )  RM-  10044 
 Digit  al  Television  Broadcast  St  at  ions.  ) 
 (Butte,  Montana)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  May  16,  2001  Released:  May  18,  2001 
 By  the  Chief,  Video  Services  Division: 
 1.  At  the  request  of  Eagle  Communications,  Inc.  ("  Eagle"),  licensee  of  station  KTVM(  TV), 
 NTSC  channel  6,  Butte,  Montana,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making, 
 66  FR  9062,  February  6,  2001.  proposing  the  substitution  of  DTV  channel  33  for  station 
 KTVM(  TV)"  s  assigned  DTV  channel  2.  KTVM  filed  comments  stating  its  intention  to  apply  for  DTV 
 channel  33,  if  allotted  to  Butte.  No  other  comments  were  filed. 


 2.  We  believe  the  public  interest  would  be  served  by  the  substitution  of  DTV  channel  33  for 
 DTV  channel  2  since  it  will  assist  st  at  ion  WTVM(  TV)  to  eliminat  e  severe  impulse  noise  t  hat  could 
 degrade  the  off-  air  reception  caused  by  the  operation  of  DTV  channel  2.  DTV  channel  33  can  be 
 allotted  to  Butte,  Montana,  as  proposed,  in  compliance  with  the  principle  community  coverage 
 requirements  of  Section  73.625(  a)  at  coordinates  (46-  00-  27  N.  and  112-  26-  30  W.).  Since  Butte  is 
 located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  by  the  Canadian  government 
 has  been  obtained  for  this  allotment.  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  KTVM(  TV)  with  the  following  specifications: 


 DTV  DTV  power  Antenna  DTV  Service 
 State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 MT  Butte  33  1000  576  122 


 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-  1222 
 2 
 City  Channel  No. 
 Butte,  Montana  15,  19c,  33 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order, 
 Eagle  Communicat  ions,  Inc.  shall  submit  to  the  Commission  a  minor  change  applicat  ion  for  a 
 construction  permit  (FCC  Form  301)  specifying  DTV  Channel  33  in  lieu  of  DTV  Channel  2  for  station 
 KTVM(  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