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 Federal  Communications  Commission  DA  02-  2366 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  02-  132 


 Table  of  Allotments,  )  RM-  10374  Digital  Television  Broadcast  Stations.  ) 
 (Montgomery,  Alabama)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  September  23,  2002  Released:  September  27,  2002 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  joint  petitioners,  Alabama  Educational  Television  Commission  (“  AETC”),  licensee  of  noncommercial  station  WAIQ(  TV),  and  LibCo,  Inc.  (“  LibCo”),  licensee  of 
 station  WSFA(  TV),  both  licensed  to  Montgomery,  Alabama,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  17  FCC  Rcd  10506  (2002).  The  Notice  requested  comments  on 
 AETC  and  LibCo  request  to  substitute  DTV  channel  *27  for  DTV  channel  *14  as  WAIQ-  DT’s  paired  DTV  allotment  and  to  substitute  DTV  channel  14  for  DTV  channel  57  as  WSFA-  DT’s  paired 
 DTV  allotment.  AETC  and  LibCo  filed  comments  and  joint  reply  comments.  No  other  comments  were  received. 


 2.  AETC  and  LibCo  state  that  the  grant  of  their  proposed  channel  changes  would  assist  them  with  the  DTV  conversion.  LibCo  asserts  that  the  channel  changes  permits  both  WSFA(  TV)  and 
 WAIZ(  TV)  to  improve  digital  service  to  their  community  of  license  and  enable  WSFA-  DT  to  vacate  the  channels  52-  59  band.  The  joint  petitioners  also  state  that  because  WAIQ-  DT’s  proposed  DTV 
 channel  *27  is  adjacent  to  its  NTSC  channel  *26,  WAIQ-  DT  could  share  transmission  equipment  and  facilities  and  could  more  easily  transfer  digital  operations  to  channel  *26  at  the  close  of  the  DTV 
 transition.  AETC  and  LibCo  also  contend  that  grant  of  the  proposed  channel  substitutions  will  achieve  an  efficient  use  of  the  broadcast  spectrum  and  permit  LibCo  to  assist  AETC  financially  in  its 
 construction  of  WAIQ-  DT.  In  reply  comments,  AETC  and  LibCo  reaffirm  their  justification  for  the  proposed  channel  changes  and  reiterate  their  desire  and  intent  to  construct  and  operate,  WAIQ-  DT 
 on  channel  *27  and  WSFA-  DT  on  channel  14. 
 3.  We  believe  the  public  interest  would  be  served  by  adopting  AETC  and  LibCo  channel  substitutions  since  it  enables  WSFA-  TV  to  operate  on  a  “core”  channel,  while  affording  WAIQ-  DT 
 the  opportunity  to  increase  its  ERP,  share  equipment  and  receive  some  financial  support.  DTV  channels  14  and  *27  can  be  substituted  for  DTV  channel  57  and  *14  for  station  WSFA-  DT  and 
 WAIQ-  DT  at  Montgomery,  Alabama,  respectively,  in  compliance  with  the  principle  community 
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 Federal  Communications  Commission  DA  02-  2366 
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 coverage  requirement  of  Section  73.625(  a).  1  In  addition,  we  find  that  the  channel  changes  are  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).  DTV  channel  *27  and  DTV  channel  14  are  allotted  with  the  following  specifications: 


 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 AL  Montgomery  *27  750  183  522 
 AL  Montgomery  14  600  530  714 
 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  November  12,  2002,  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. 
 Montgomery,  Alabama  14,  16,  *27,  46c,  51 
 5.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Alabama  Educational  Television  Commission  shall  submit  to  the  Commission  a  minor  change 
 application  for  a  construction  permit  (FCC  Form  340)  specifying  DTV  Channel  *27  in  lieu  of  DTV  Channel  *14  for  station  WAIQ-  DT. 


 6.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  LibCo,  Inc.  shall  submit  to  the  Commission  a  minor  change  application  for  a  construction  permit 
 (FCC  Form  301)  specifying  DTV  Channel  14  in  lieu  of  DTV  Channel  57  for  station  WSFA-  DT. 
 7.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Pam  Blumenthal,  Media  Bureau,  (202)  418-  1600. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Barbara  A.  Kreisman 
 1  The  coordinates  for  DTV  channel  14  are  31-  58-  28  N.  and  86-  09-  44  W.  The  coordinates  for  DTV  channel  *27  are 
 32-  22-  55  N.  and  86-  17-  33  W. 
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 Chief,  Video  Division  Media  Bureau 
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