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 Federal  Communications  Commission  DA  02-  1038 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  01-  56 


 Table  of  Allotments,  )  RM-  10033  Digital  Television  Broadcast  Stations.  ) 
 (Huntington,  West  Virginia)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  May  3,  2002  Released:  May  9,  2002 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Gateway  Communications,  Inc.  ("  Gateway")  1  ,  licensee  of  station  WOWK-  TV,  NTSC  channel  13  ,  Huntington,  West  Virginia,  the  Commission  has  before  it  the 
 Notice  of  Proposed  Rule  Making,  16  FCC  Rcd  4476  (2001),  proposing  the  substitution  of  DTV  channel  47  for  station  WOWK-  TV's  assigned  DTV  channel  54.  SJL  filed  comments  stating  its 
 continuing  interest  in  the  proposed  channel  substitution  at  Huntington.  No  other  comments  were  filed. 


 2.  We  believe  the  public  interest  would  be  served  by  allotting  DTV  channel  47  to  Huntington  since  it  will  permit  station  WOWK-  DT  to  operate  on  a  core  channel  and  construct  only 
 one  digital  transmission  facility.  DTV  channel  47  can  be  allotted  to  Huntington,  West  Virginia,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirements  of  Section  73.625(  a) 
 at  coordinates  38-  30-  21  N.  and  82-  12-  33  W.  Since  the  community  of  Huntington  is  located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  from  the  Canadian  government  has  been 
 obtained  for  this  allotment.  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  WOWK-  DT  with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 WVA  Huntington  47  895  396  1063 
 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  June  24,  2002,  the  DTV  Table  of  Allotments,  Section  73.622(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the 


 1  SJL  Northeast  License  Subsidiary,  LLC  ("  SJL"),  is  now  the  licensee  of  station  WOWK-  TV  pursuant  to  the 
 Commission  grant  of  the  assignment  of  license  (File  No.  BALCT-  20000824ABA). 
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 Federal  Communications  Commission  DA  02-  1038 
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 community  listed  below,  to  read  as  follows: 
 City  Channel  No. 
 Huntington,  West  Virginia  23,  *34c,  47 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  SJL  Northeast  License  Subsidiary,  LLC  shall  submit  to  the  Commission  a  minor  change  application 
 for  a  construction  permit  (FCC  Form  301)  specifying  DTV  Channel  47  in  lieu  of  DTV  Channel  54  for  station  WOWK-  TV. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Pam  Blumenthal,  Media  Bureau,  (202)  418-  1600. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Barbara  A.  Kreisman  Chief,  Video  Division 
 Media  Bureau 
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