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 Federal  Communications  Commission  DA  02-  501 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.606(  b),  )  MM  Docket  No.  01-  332 


 Table  of  Allotments,  )  RM-  10334  Television  Broadcast  Stations.  ) 
 (Pueblo,  Colorado)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  March  1,  2002  Released:  March  6,  2002 
 By  the  Chief,  Video  Services  Division: 
 1.  At  the  request  of  Zavaletta  Broadcasting  of  Pueblo  ("  Zavaletta"),  an  applicant  for  a  construction  permit  for  a  new  television  station  to  operate  on  channel  26+  at  Pueblo,  Colorado,  the 
 Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  16  FCC  Rcd  21810  (2001),  proposing  the  substitution  of  channel  48  for  channel  26+  at  Pueblo.  1  Zavaletta  file  comments 
 restating  its  interest  in  applying  for  channel  48,  if  allotted.  Pappas  Telecasting  Companies  also  filed  comments  supporting  the  channel  change. 


 2.  We  believe  the  public  interest  would  be  served  by  substituting  channel  48  for  channel  26+  since  it  adoption  would  eliminate  the  potential  for  interference  to  the  co-  channel  DTV  allotment 
 of  educational  station  KTSC  in  Pueblo.  A  staff  engineering  analysis  indicates  that  channel  48  can  be  allotted  to  Pueblo  in  compliance  with  the  minimum  distance  separation  requirements  of  Sections 
 73.610  and  73.698  of  the  Commission  Rules  and  with  the  criteria  set  forth  in  the  Commission's  Public  Notice  ("  Public  Notice"),  released  on  November  22,  1999,  DA  99-  2605.  2  Channel  48  can  be 
 allotted  with  a  zero  offset  at  coordinates  38-  21-  30  N.  and  104-  33-  24  W. 
 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  22,  2002,  the  TV  Table  of  Allotments,  Section  73.606(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the 


 1  On  December  13,  2001,  the  Commission  released  a  Notice  of  Proposed  Rule  Making  in  this  proceeding, 
 indicating  that  the  Notice  was  adopted  December  19,  2001.  By  Erratum  released  December  14,  2001,  the  Commission  corrected  the  adopted  date  to  read  December  10,  2001,  in  lieu  of  December  19,  2001.  By  that  Erratum 


 the  Commission  mistakenly  noted  that  the  petition  for  rule  making  was  proposing  to  amend  Section  73.622(  b)  of  the  Commission's  Rules  instead  of  Section  73.606(  b). 


 2  In  that  Public  Notice  the  Commission  stated  that  petitions  to  change  the  channel  of  an  existing  allotment  must 
 protect  DTV  stations  as  provided  in  Section  73.623(  c),  but  without  any  allowance  to  create  de  minimis  interference  as  defined  in  Section  73.623  (c)(  2). 
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 Federal  Communications  Commission  DA  02-  501 
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 community  listed  below,  to  read  as  follows: 
 City  Channel  No. 
 Pueblo,  Colorado  5,  *8,  32-,  48 


 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Zavaletta  Broadcasting  of  Pueblo  shall  submit  to  the  Commission  an  amendment  to  its  pending 
 application  for  a  construction  permit  for  a  new  television  station  at  Pueblo,  Colorado,  specifying  TV  Channel  48  in  lieu  of  TV  Channel  26+. 


 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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