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 Federal  Communications  Commission  DA  03-  1147 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  02-  90 


 Table  of  Allotments,  )  RM-  10409  Digital  Television  Broadcast  Stations.  ) 
 (Odessa,  Texas)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  April  14,  2003  Released:  April  23,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Midessa  Television  Company  (“  Midessa”),  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  17  FCC  Rcd  7954  (2002),  proposing  the  substitution  of 
 DTV  channel  13  for  station  KWES-  TV’s  assigned  DTV  channel  15.  Midessa  filed  comments.  1  No  other  comments  were  received. 


 2.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  13  for  DTV  channel  15  since  it  would  permit  station  KWES  to  collocate  its  digital  and  analog  facilities.  DTV 
 channel  13  can  be  allotted  to  Odessa,  Texas,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  31-  59-  17  N.  and  102-  52-  41 
 W.  Since  the  community  of  Odessa  is  located  within  275  kilometers  of  the  U.  S.-  Mexican  border,  concurrence  from  the  Mexican  government  has  been  obtained  for  this  allotment.  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 
 KWES-  DT  with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 


 TX  Odessa  13  25.1  397  337 
 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  June  9,  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: 


 1  In  its  petition,  Midessa  stated  that  adoption  of  its  channel  substitution  proposal  would  permit  station  KWES  to  use 
 its  existing  tower  for  its  analog  and  digital  operations.  Midessa  also  claimed  that  operating  on  a  VHF  channel  would  reduce  its  construction  and  operation  costs. 
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 Federal  Communications  Commission  DA  03-  1147 
 2 
 City  Channel  No. 
 Odessa,  Texas  13,  *22,  23,  31,  43c 


 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Midessa  Television  Company  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  DTV  Channel  13  in  lieu  of  DTV  Channel  15  for  station  KWES-  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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