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 Federal  Communications  Commission  DA  01-  1260 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  01-  49 
 Table  of  Allotments,  )  RM-  10032 
 Digit  al  Television  Broadcast  St  at  ions.  ) 
 (Atlantic  City,  New  Jersey)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  May  23,  2001  Released:  May  25,  2001 
 By  the  Chief,  Video  Services  Division: 
 1.  At  the  request  of  Lenfest  Broadcasting,  LLC  ("  Lenfest"),  licensee  of  station  WWAC-  TV, 
 NTSC  channel  53,  Atlantic  City,  New  Jersey,  the  Commission  has  before  it  the  Notice  of  Proposed 
 Rule  Making,  66  FR  12750,  February  28,  2001,  proposing  the  substitution  of  DTV  channel  44  for 
 st  at  ion  WWAC-  TV's  assigned  DTV  channel  50.  Lenfest  filed  comment  s  st  at  ing  its  int  ent  ion  to  apply 
 for  DTV  channel  44,  if  allotted  to  Atlantic  City.  Hispanic  Broadcasters  of  Philadelphia,  L.  L.  C. 
 ("  HBP"),  filed  supporting  comments.  1 


 2.  We  believe  the  public  interest  would  be  served  by  adopting  Lenfest's  proposal  since  it  enables 
 station  WWAC-  DT  to  serve  a  much  larger  population  and  eliminates  the  potential  for  interference  from 
 the  first-  adjacent  DTV  allotment  on  channel  49  at  Atlantic  City.  DTV  channel  44  can  be  allotted  to 
 Atlantic  City,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirements  of 
 Section  73.625(  a)  at  coordinates  (39-  55-  06  N.  and  75-  02-  44  W.).  In  addition,  we  find  that  this 
 channel  is  acceptable  under  the  2  percent  criterion  for  de  minimis  impact  that  is  applied  in  evaluat  ing 
 requests  for  modification  of  initial  DTV  allotments  under  Section  73.623(  c)(  2)  for  Station  WWAC-  TV 
 with  the  following  specifications: 


 DTV  DTV  power  Antenna  DTV  Service 
 State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 NJ  Atlantic  City  44  200  208  4890 


 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  9,  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  HBP  states  that  it  is  the  permittee  of  WWSI(  TV),  Atlantic  City,  New  Jersey,  which  has  been  assigned  DTV 
 channel  49  for  its  digital  operations.  HBP  agrees  that  moving  WWAC-  DT  from  channel  50  to  channel  44  will 
 alleviate  the  potential  for  interference  between  WWAC-  DT  and  WWSI-  DT  and  eliminate  the  mutual  exclusivity 
 between  the  DTV  applications  of  WWAC-  DT  and  WWSI-  DT. 
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 Federal  Communications  Commission  DA  01-  1260 
 2 
 City  Channel  No. 
 Atlantic  City,  New  Jersey  44,  49 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order, 
 Lenfest  Broadcasting,  LLC  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  DTV  Channel  44  in  lieu  of  DTV  Channel  50  for 
 station  WWAC-  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 
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