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 Federal  Communications  Commission  DA  02-  3091 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  02-  221 


 Table  of  Allotments,  )  RM-  10519  Digital  Television  Broadcast  Stations.  ) 
 (Wailuku,  Hawaii)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  November  7,  2002  Released:  November  15,  2002 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  LeSea  Broadcasting  Corporation  (“  LeSea”),  licensee  of  station  KWHM(  TV),  Wailuku,  Hawaii,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making, 
 17  FCC  Rcd  15427  (2002),  proposing  the  substitution  of  DTV  channel  45  for  station  KWHM(  TV)  ’s  assigned  DTV  channel  20.  LeSea  filed  comments  and  reply  comments  supporting  the  channel 
 substitution  at  Wailuku.  No  other  comments  were  received. 
 2.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  45  for  DTV  channel  20  since  it  will  enable  KWHM-  DT  to  co-  locate  with  other  broadcasters  on  a  jointly  owned 
 tower.  DTV  channel  45  can  be  allotted  to  Wailuku,  Hawaii,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  20-  40-  58  N.  and 
 156-  19-  07  W.  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  KWHM-  DT  with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 HI  Wailuku  45  87  1298  113 
 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  December  30,  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. 
 Wailuku,  Hawaii  16c,  24,  *28c,  29,  *30,  *34c, 
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 Federal  Communications  Commission  DA  02-  3091 
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 36,  45 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  LeSea  Broadcasting  Corporation  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  DTV  Channel  45  in  lieu  of  DTV  Channel  20  for  station  KWHM-  DT. 


 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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