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 Federal  Communications  Commission  DA  02-  2367 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.606(  b),  )  MB  Docket  No.  02-  153 


 Table  of  Allotments,  )  RM-  10454  Television  Broadcast  Stations.  ) 
 (New  Iberia,  Louisiana)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  September  23,  2002  Released:  September  27,  2002 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Iberia  Communications,  LLC  (“  Iberia”),  an  applicant  for  NTSC  channel  53  at  New  Iberia,  Louisiana,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  17 
 FCC  Rcd  12722  (2002),  proposing  the  substitution  of  channel  50  for  channel  53  at  New  Iberia.  1  Iberia  filed  supporting  comments.  No  other  comments  were  received. 


 2.  We  believe  the  public  interest  would  be  served  by  substituting  channel  50  for  channel  53-  since  it  would  permit  Iberia  to  provide  a  first  local  television  service  to  the  community  of  New 
 Iberia.  A  staff  engineering  analysis  indicates  that  channel  50  can  be  allotted  to  New  Iberia  with  a  zero  offset  in  compliance  with  the  minimum  distance  separation  requirements  of  Sections  73.610 
 and  73.698  of  the  Commission  Rules.  The  coordinates  for  channel  50  are  North  Latitude  29-  55-  12  and  West  Longitude  91-  46-  07. 


 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  November  12,  2002,  the  TV  Table  of  Allotments,  Section  73.606(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the 
 community  listed  below,  to  read  as  follows: 


 1  Iberia  filed  its  petition  for  rule  making  pursuant  to  the  provisions  outlined  in  the  Commission's  Public  Notice  ("  Public 
 Notice")  released  on  February  6,  2002.  In  that  Pubic  Notice,  the  Commission  announced  a  window  filing  opportunity  to  allow  applicants  with  certain  pending  requests  for  new  analog  television  stations  on  channels  52-  59  to  modify  their 


 requests.  Initially,  Iberia  filed  a  petition  for  rule  making  in  response  to  the  Commission's  directive  outlined  in  the  Public  Notice  released  November  22,  1999.  Iberia's  initial  petition  proposed  the  allotment  of  NTSC  channel  53  in  lieu  of 
 channel  36-  in  order  to  eliminate  the  interference  concerns  with  the  proposed  use  of  DTV  channel  36  at  New  Orleans,  Louisiana.  In  response  to  its  request,  the  Commission  granted  Iberia’s  proposal  to  change  the  NTSC  channel  36  at  New 
 Iberia  to  NTSC  channel  53.  However,  because  of  the  Commission's  decision  to  reallocate  channels  52-  59,  Iberia  filed  a  new  petition  seeking  the  substitution  of  50  in  lieu  of  channel  53  to  avoid  dismissal  of  its  application. 
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 Federal  Communications  Commission  DA  02-  2367 
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 City  Channel  No. 
 New  Iberia,  Louisiana  50 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Iberia  Communications,  LLC  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  TV  Channel  50  in  lieu  of  TV  Channel  53. 
 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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