*Pages 1--3 from Microsoft Word - 11332.doc* Federal Communications Commission DA 01- 2046 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MM Docket No. 00- 137 Table of Allotments, ) RM- 9917 Digital Television Broadcast Stations. ) RM- 10161 (Reno, Nevada) REPORT AND ORDER (Proceeding Terminated) Adopted: August 30, 2001 Released: September 5, 2001 By the Chief, Video Services Division: 1. At the request of Sierra Broadcasting Company (" Sierra"), licensee of station KRNV( TV), NTSC channel 4, Reno, Nevada, Notice of Proposed Rule Making, 15 FCC Rcd 14831 (2000), proposing the substitution of DTV channel 9 for station KRNV( TV) 's assigned DTV channel 34. Sierra filed comments restating its interest in changing channels at Reno. Stephens Group, Inc. 1 , licensee of station KOLO- TV, Reno, Nevada, filed comments and counterproposal. 2 Sierra filed reply comment s. 3 2. Stephens, in its counterproposal, proposes the substitution of DTV channel 9 for station KOLO- TV's assigned DTV channel 23; and the substitution of DTV channel 7 in lieu of station KRNV- TV's assigned DTV channel 34. In support of its proposal, Stephens states that DTV channel 9 should be allotted for use by station KOLO- DT, rather than by KRNV- DT because of the necessity to maintain a precise frequency offset with KOLO- TV. Stephens claims that a KOLO- DT operation on DTV channel 9 would be technically superior, more cost and spectrum effective than would operation by KRNV- DT on DTV channel 9. Stephens submits that a KRNV- DT operation on DTV channel 7 would enable the station to provide a slightly improved coverage beyond its proposal DTV channel 9 service, and would result in a subst ant ial improvement over KRNV- DT's allot t ed channel 34 1 Smith Television License Holdings, Inc. (" Smith"), is now the licensee of Station KOLO- TV and permittee of KOLO- DT pursuant to the Commission grant of the assignment of license. 2 Public Notice of the counterproposal was given July 2, 2001, Report No. 2491. 3 After the pleading cycle ended the following pleadings were filed: Request for Leave to File Response, and Response of Stephens Group, Inc. to Reply Comments of Sierra Broadcasting Company; Supplement to Request for Leave to File Response, and Response of Stephens Group, Inc. to Reply Comments of Sierra Broadcasting Company; Sierra Broadcasting Company's Motion to Strike; Sierra's Supplement to Comments in DTV Rule Making; and Smith's response to Sierra's Supplement to Comments. Ordinarily, in a contested proceeding, we would not accept late filed comments. Inasmuch, as the late- filed supplement to comments filed by Sierra and Smith's response pertain to providing an alternate allotment scheme, we believe that the public interest would be served by accepting Sierra's and Smith's late filed supplement and response since they facilitate resolution of this proceeding. 1 Federal Communications Commission DA 01- 2046 2 service area. 3. Sierra filed a supplement to its comments stating that it opposed Smith's counterproposal on the grounds that integrating channel 7 onto a common antenna tower to be constructed in a joint effort with station KTVN would raise significant technical problems and added expense. However, upon further engineering review, Sierra states that it willing to accept the substitution of DTV channel 7 as its DTV assignment. 4. Our engineering analysis has confirmed that each of the allotments can be accommodated in compliance with the Commission's principle community coverage requirements of Section 73.625( a). 4 In addition, we find that these channels are acceptable under the 2 percent criterion for de minimis impact that is applied in evaluat ing request s for modificat ion of init ial DTV allot ment s under Sect ion 73.623( c)( 2) for Station KRNV- TV and Station KOLO- TV with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) NV Reno 7 16. 8 857 449 DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) NV Reno 9c 15. 6 893 511 5. 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 October 22, 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. Reno, Nevada 7, 9c, 13,* 15, 22c, 26, 32, 44 6. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Sierra Broadcast ing Company and Smith Television License Holdings, Inc. shall submit t o t he Commission minor change applications for a construction permits (FCC Form 301) specifying DTV Channel 7 in lieu of DTV Channel 34; DTV channel 9 in DTV channel 23 for station KRNV( TV) and KOLO- TV, respectively. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 4 The coordinates for DTV channel 7 at Reno are 39- 18- 57 N and 119- 53- 00 W. The coordinates for DTV channel 9c at Reno are 39- 18- 49 N. and 119- 53- 00 W. 2 Federal Communications Commission DA 01- 2046 3 8. 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 3