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 Federal  Communications  Commission  DA  02-  314 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  01-  313 
 Table  of  Allotments,  )  RM-  10251 
 Digit  al  Television  Broadcast  St  at  ions.  ) 
 (Tulsa,  Oklahoma)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  February  8,  2002  Released:  February  14,  2002 
 By  the  Chief,  Video  Services  Division: 
 1.  At  the  request  of  KTUL,  LLC  ("  KTUL"),  licensee  of  station  KTUL-  TV,  NTSC  channel  8, 
 Tulsa,  Oklahoma,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  16  FCC  Rcd 
 19450  (2001),  proposing  the  substitution  of  DTV  channel  10  for  station  KTUL-  TV's  assigned  DTV 
 channel  58.  KTUL  filed  comment  s  st  at  ing  its  cont  inued  int  erest  in  the  channel  subst  it  ut  ion  proposal. 
 Ft.  Smith  46,  Inc.,  licensee  of  Class  A  station  KFDF-  CA,  channel  10,  Fort  Smith,  Arkansas,  filed 
 comment  s.  1 


 2.  We  believe  the  public  interest  would  be  served  by  adopting  KTUL's  channel  substitution 
 proposal  since  it  will  permit  st  at  ion  KTUL-  TV  to  implement  its  DTV  operat  ion  on  an  "in-  core" 
 channel,  therefore,  eliminating  the  need  for  KTUL  to  change  channels  at  the  end  of  the  transition 
 period.  DTV  10  can  be  allotted  to  Tulsa,  Oklahoma,  as  proposed,  in  compliance  with  the  principle 
 community  coverage  requirements  of  Section  73.625(  a)  at  coordinates  (35-  58-  08  N.  and  95-  36-  59 
 W.).  In  addition,  we  find  that  this  channel  is  acceptable  under  the  2  percent  criterion  for  de  minimis 
 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  KTUL-  DT  with  the  following  specifications: 


 DTV  DTV  power  Antenna  DTV  Service 
 State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 OK  Tulsa  10  7  497  999 


 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  April  1,  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: 


 1  Although,  Ft.  Smith  does  not  object  to  KTUL's  proposal,  it  disagrees  with  KTUL's  assertion  that  interference  to 
 KFDF-  CA  may  be  ignored  altogether.  FT.  Smith  maintains  that  KFDF-  CA  is  entitled  to  the  protection  provided  in 
 Section  73.622(  c)(  5)  of  the  Commission's  Rules  both  in  theory  and  in  practice  after-  the-  fact.  Since  KTUL  has 
 stated  that  such  protection  will  be  afforded,  FT.  Smith  believes  its  proposal  may  be  adopted. 
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 Federal  Communications  Commission  DA  02-  314 
 2 
 City  Channel  No. 
 Tulsa,  Oklahoma  10,  22,  *38, 
 42c,  48c,  49, 
 55,  56 


 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order, 
 KTUL,  LLC  shall  submit  t  o  t  he  Commission  a  minor  change  applicat  ion  for  a  const  ruct  ion  permit 
 (FCC  Form  301)  specifying  DTV  Channel  10  in  lieu  of  DTV  Channel  58  for  station  KTUL-  TV. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  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 
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