*Pages 1--2 from Microsoft Word - 7037.doc* Federal Communications Commission DA 01- 486 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MM Docket No. 00- 188 Table of Allotments, ) RM- 9969 Digit al Television Broadcast St at ions. ) (New Orleans, Louisiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 23, 2001 Released: February 26, 2001 By the Chief, Video Services Division: 1. At the request of WWL- TV, Inc. (" WWL"), licensee of station WWL- TV, NTSC channel 4, New Orleans, Louisiana, the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 19449 (2000), proposing the substitution of DTV channel 36 for station WWL- TV's assigned DTV channel 30. Iberia Communication, LLC (" Iberia") 1 and WWL filed comments. Reply comments were filed by Iberia and WWL. 2. In its comments, WWL reiterates its intention to apply for DTV channel 36 at New Orleans, Louisiana, if it is allot t ed and, if aut horized, t o build a DTV facilit y prompt ly. WWL st at es that its proposal would eliminat e t he significant int erference t hat would be caused by its operat ion on channel 30 to the adjacent channel DTV allotments of WVUE- DT and WLAE- DT in New Orleans and to WGBC- TV, NTSC channel 30, in Meridian, Mississippi. WWL notes that the only party submitting comments is Iberia, the applicant for vacant NTSC channel 36, who supports the allotment of DTV channel 36 to WWL- DT. WWL encourages the Commission to promptly issue a Notice and expedite action on Iberia's separate channel 53 proposal. 3. Based on the record before us, we believe the public interest would be served by subst it ut ing DTV channel 36 for DTV channel 30 since it will permit st at ion WWL- TV to eliminat e interference to the DTV channel allotments at New Orleans, as well as to station WGBC- TV at Meridian, Mississippi. With regard to Iberia's concern, the Commission has issued a Notice of Proposed Rule Making, seeking comments on Iberia's request to substitute TV channels at New Iberia, Louisiana. 2 DTV channel 36 can be allotted to New Orleans, Louisiana, as proposed, in compliance with the principle coverage requirements of Section 73.625( a) at coordinate (29- 54- 23 N. and 90- 02- 23 W.). In addition, we find that this channel is acceptable under the 2 percent criterion for de minimis 1 Iberia is an applicant for a new NTSC station on channel 36 in New Iberia, Louisiana. Its proposed operation on channel 36 at New Iberia would cause impermissible interference to WWL's use of digital channel 36 in New Orleans. Thus, Iberia has filed its own petition to substitute channel 53 for channel 36 at New Iberia. Iberia supports WWL's petition and urges expedited action on its own petition. 2 See Notice of Proposed Rule Making, MM Docket No. 01- 2, New Iberia, Louisiana, released January 9, 2001. 1 Federal Communications Commission DA 01- 486 2 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 WWL- TV with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) LA New Orleans 36 1000 305 1712 4. 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 April 12, 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. New Orleans, Louisiana *11, 14, 15, 29, *31, 36, 40, 43, 50c 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, WWL- TV, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 36 in lieu of DTV Channel 30 for station WWL- TV. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. 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