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 Federal  Communications  Commission  DA  01-  218 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  00-  183 
 Table  of  Allotments,  )  RM-  9959 
 Digit  al  Television  Broadcast  St  at  ions.  ) 
 (Albany,  New  York)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  January  31,  2001  Released:  February  1,  2001 
 By  the  Chief,  Video  Services  Division: 
 1.  At  the  request  of  Hubbard  Broadcasting,  Inc.  ("  Hubbard"),  licensee  of  station  WNYT(  TV), 
 NTSC  channel  13,  Albany,  New  York,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule 
 Making,  15  FCC  Rcd  19352  (2000),  proposing  the  substitution  of  DTV  channel  12  for  station 
 WNYT(  TV)  's  assigned  DTV  channel  15.  Hubbard  filed  comments  restating  its  intention  to  apply  for 
 DTV  channel  12,  if  allotted.  No  other  comments  were  received. 


 2.  We  believe  the  public  interest  would  be  served  by  adopting  Hubbard's  request  since  it  could 
 alleviate  the  short-  spacing  problems  to  the  New  York  City  land  mobile  radio  service  and  antenna 
 orientation  problems  experience  by  households  in  the  Albany-  Schenectady-  Troy  market.  DTV  channel 
 12  can  be  allotted  to  Albany,  New  York,  as  proposed,  in  compliance  with  the  principle  coverage 
 requirements  of  Section  73.625(  a)  at  coordinates  (42-  37-  37  N.  and  74-  00-  49  W.).  Since  Albany  is 
 located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  by  the  Canadian  government 
 has  been  obtained  for  this  allottment.  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  WNYT(  TV)  with  the  following  specifications: 


 DTV  DTV  power  Antenna  DTV  Service 
 State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 NY  Albany  12  10.0  421  1394 


 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  March  19,  2001,  the  DTV  Table  of 
 Allotments,  Section  73.622(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect 
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 Federal  Communications  Commission  DA  01-  218 
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 to  the  community  listed  below,  to  read  as  follows: 
 City  Channel  No. 
 Albany,  New  York  4,  12,  26 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Hubbard 
 Broadcasting,  Inc.  shall  submit  to  the  Commission  a  minor  change  application  for  a  construction  permit 
 (FCC  Form  301)  specifying  DTV  Channel  12  in  lieu  of  DTV  Channel  15  for  WNYT(  TV)  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 
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