*Pages 1--5 from hartford.PDF* Federal Communications Commission DA 01- 2468 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Amendment of Section 73.622( b), ) MM Docket No. 01- 306 Table of Allotments, ) RM- 10152 Digital Television Broadcast Stations. ) (Hartford, Connecticut) ) ) ) NOTICE OF PROPOSED RULE MAKING Adopted: October 25, 2001 Released: October 26, 2001 Comment Date: December 17, 2001 Reply Comment Date: January 2, 2002 By the Chief, Video Services Division: 1. The Commission has before it a petition for rule making filed by Fox Television Stations (" Fox"), Inc., licensee of WNYW( TV), NTSC channel 5, New York, New York. Fox requests the substitution of DTV channel 31 for DTV channel 5 for Tribune Television Corporation's (" Tribune") station WTIC- TV at Hartford, Connecticut. 1 2. In support of its proposal, Fox states that the use of DTV channel 5 at Hartford will result in interference to over 1.1 million people in the northeast corridor, including nearly 900,000 people covered by WNYW( TV), NTSC channel 5 in New York, New York. Fox contends that the allotment of DTV channel 5 to Hartford also falls short of the minimum geographic spacing limits maintaining that DTV channel 5 is currently short- spaced to WCVB( TV), NTSC channel 5 in Boston. Fox states that it has determined that the substitution of DTV 31 for DTV channel 5 will result in a net gain of over 720,000 more people in the northeast who will be covered by interference- free television service. In addition, Fox claims that the substitution will increase WTIC- DT's current NTSC service area replication, improve the currently severe short- spacing problems that exist with DTV channel 5, and minimize new interference to adjacent channel and co- channel DTV and NTSC stations. Fox also submits a letter from Tribune indicating its support for the channel change for station WTIC- TV and its intention to use DTV channel 31, if allotted to Hartford, Connecticut. 1 Meredith Corporation, licensee of station WFSB( V), DTV channel 33, Hartford, Connecticut, filed an Opposition to the Petition for Rule Making." However, we will not consider Meredith's comments as Section 1.405 of the Commission's rules does not contemplate the filing of comments to petitions for rule making to amend the Television Table of Allotment prior to the issuance of a Notice of Proposed Rule Making. Meredith's filing is hereby dismissed and may be resubmitted during the appropriate time. 1 Federal Communications Commission DA 01- 2468 2 3. We believe Fox's proposal warrants consideration. DTV Channel 31 can be substituted for DTV Channel 5 at Hartford, Connecticut, as proposed, in compliance with the principle community coverage requirements of Section 73.625( a) at coordinates (41- 42- 13 N. and 72- 49- 57 W.). Although we find that this channel change will cause slightly more than de minimis interference to the allotted facilities of WFXT- DT Boston, Massachusetts, and WEDH- DT Hartford, Connecticut, both stations have agreed to accept the additional interference. Additionally, since the community of Hartford is located within 400 kilometers of the U. S.- Canadian border, concurrence from the Canadian government must be obtained for this allotment. We propose to substitute DTV Channel 31 for DTV Channel 5 for station WTIC- DT at Hartford with the following specifications: State & City DTV Channel DTV power (kW) Antenna HAAT (m) CT Hartford 31 500 492 4. Accordingly, we seek comments on the proposed amendment of the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules, for the community listed below, to read as follows: Channel No. City Present Proposed Hartford, Connecticut 5, *32, 31, *32, 33, 33, 46 46 5. The Commission's authority to institute rule making proceedings, showings required, cut- off procedures, and filing requirements are contained in the attached Appendix and are incorporated by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted. 6. Interested parties may file comments on or before December 17, 2001, and reply comments on or before January 2, 2001, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: John C. Quale Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Avenue, NW Washington, DC 20005 (Counsel for Fox Television Stations, Inc.) 2 Federal Communications Commission DA 01- 2468 3 7. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to rule making proceedings to amend the TV Table of Allotments, Section 73.606( b) and 73.622( b) of the Commission's Rules. See Certification That Sections 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202( b), 73.504 and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. The Regulatory Flexibility Act of 1980 would also not apply to rule making proceedings to amend the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules. 8. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418- 1600. For purposes of this restricted notice and comment rule making proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such decision is no longer subject to reconsideration by the Commission or review by any court. An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. However, any new written information elicited from such a request or a summary of any new oral information shall be served by the person making the presentation upon the other parties to the proceeding unless the Commission specifically waives this service requirement. Any comment which has not been served on the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding. Any reply comment which has not been served on the person( s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in the proceeding. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Services Division Mass Media Bureau Attachment: Appendix 3 Federal Communications Commission DA 01- 2468 4 APPENDIX 1. Pursuant to authority found 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 PROPOSED TO AMEND the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is attached. 2. Showings Required. Comments are invited on the proposal( s) discussed in the Notice of Proposed Rule Making to which this Appendix is attached. Proponent( s) will be expected to answer whatever questions are presented in initial comments. The proponent of a proposed allotment is also expected to file comments even if it only resubmits or incorporates by reference its former pleadings. It should also restate its present intention to apply for the channel if it is allotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request. 3. Cut- off protection. The following procedures will govern the consideration of filings in this proceeding. (a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial comments, so that parties may comment on them in reply comments. They will not be considered if advanced in reply comments. (See Section 1.420( d) of the Commission's Rules). (b) With respect to petitions for rule making which conflict with the proposals in this Notice, they will be considered as comments in the proceeding, and Public Notice to this effect will be given as long as they are filed before the date for filing initial comments herein. If they are filed later than that, they will not be considered in connection with the decision in this docket. (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved. 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may file comments and reply comments on or before the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached. All submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in written comments, reply comments, or other appropriate pleadings. Comments shall be served on the petitioner by the person filing the comments. Reply comments shall be served on the person( s) who filed comments to which the reply is directed. Such comments and reply comments shall be accompanied by a certificate of service. (See Section 1.420( a), (b) and (c) of the Commission's Rules.) Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C. 20554. 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regulations, an original and four copies of all comments, reply comments, 4 Federal Communications Commission DA 01- 2468 5 pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Center (Room CY- A257) at its headquarters, 445 12th Street, S. W., Washington, D. C. 5