*Pages 1--2 from Microsoft Word - 23691.doc* Federal Communications Commission DA 02- 3382 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MB Docket No. 02- 220 Table of Allotments, ) RM- 10518 Digital Television Broadcast Stations. ) (Christiansted, Virgin Islands) ) REPORT AND ORDER (Proceeding Terminated) Adopted: December 6, 2002 Released: December 13, 2002 By the Chief, Video Division: 1. At the request of Virgin Blue, Inc. (“ Virgin Blue”), licensee of station WCVI- TV, Christiansted, Virgin Islands, the Commission has before it the Notice of Proposed Rule Making, 17 FCC Rcd 15431 (2002), proposing the substitution of DTV channel 23 for station WCVI’s assigned DTV channel 5. Virgin Blue filed comments restating its intention to apply for DTV channel 23, if allotted. No other comments were filed. 2. We believe the public interest would be served by substituting DTV channel 23 for DTV channel 5 since it would reduce Virgin Blue’s antenna and tower rent, while eliminating interference to stations WFIG- LP and W05AW, a low power translator for noncommercial station WTJX. DTV channel 23 can be allotted to Christiansted, Virgin Islands, as proposed, in compliance with the principle community coverage requirement of Section 73.625( a) at coordinates 17- 44- 40 W. and 64- 43- 40 N. 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 WCVI- DT with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) VI Christiansted 23 0.85 130 48 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 January 27, 2003, 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. Christiansted, Virgin Islands 20, 23 1 Federal Communications Commission DA 02- 3382 2 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Virgin Blue, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 23 in lieu of DTV Channel 5 for station WCVI-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 2