*Pages 1--5 from Microsoft Word - 27503.doc* Federal Communications Commission DA 03- 1483 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Amendment of Section 73.622( b), ) MB Docket No. 03- 110 Table of Allotments, ) RM- 10700 Digital Television Broadcast Stations. ) (Conway, South Carolina) ) ) ) NOTICE OF PROPOSED RULE MAKING Adopted: April 30, 2003 Released: May 9, 2003 Comment Date: June 30, 2003 Reply Comment Date: July 15, 2003 By the Chief, Video Division: 1. The Commission has before it a petition for rule making filed by South Carolina Educational Television Commission (“ SCETV”), licensee of noncommercial educational station WHMC- TV, NTSC channel *23, Conway, South Carolina. SCETV requests the substitution of DTV channel *9 for station WHMC- TV’s assigned DTV channel *58. 2. SCETV maintains that the adoption of its channel substitution would serve the public interest since it would permit SCETV to replace its out- of- core channel with an in- core channel. 1 SCETV states that the channel change will also provide financial relief from SCETV’s enormous transition and post- transition costs. SCETV submits that it is a publicly funded agency of the State of South Carolina, which operates a statewide network consisting of eleven television stations. 2 SCETV states that it has already spent more than $19 million on DTV, with over $12 million spent on planning, construction, and equipment for DTV transmission facilities. SCETV asserts that the channel substitution will help remove an undue financial hardship by avoiding the need to pay twice to construct DTV facilities for WHMC, once on channel *58 and a second time on an in- core channel. SCETV estimates that the cost to build the transmission facility operating on channel *58 1 SCETV states that it initially intended to build its allotted channel *58 using funds from a Public Telecommunications Facilities Program (“ PTFP”). However, SCETV reports that the requested PTFP grant was denied, thus SCETV seeks to change to an in- core channel to eliminate the need for a costly facility change at the end of transition. 2 Those stations include: WHMC- TV/ DT, Conway; WRLK- TV/ DT, Columbia; WNTV- TV/ DT, Greenville; WITV- TV/ DT, Charleston; WEBA- TV/ DT, Allendale; WJPM- TV/ DT, Florence; WJWJ- TV/ DT, Beaufort; WNEH- TV/ DT, Greenwood; WNSC- TV/ DT, Rock Hill; WRET- TV/ DT, Spartanburg; and WRJA- TV/ DT, Sumter. 1 Federal Communications Commission DA 03- 1483 2 would be about $960,000. The cost to reconfigure the facility later to another UHF in- core channel would be about $70,000, thus the total cost to build and re- build WHMC- DT transmission facilities would be about $1,030,000. Conversely, SCETV claims that the total cost to build WHMC- DT on channel *9 would be about $550, 000, a savings of $480,000. SCETV asserts that $480,000 is a significant amount of money since SCETV has ten additional DTV stations to operate and maintain throughout the DTV transition. 3. We believe SCETV's proposal warrants consideration. DTV Channel *9 can be substituted for DTV Channel *58 at Conway, South Carolina, as proposed, in compliance with the principle community coverage requirements of Section 73.625( a) at coordinates 33- 56- 58 N. and 79- 06- 31 W. In addition, we find that this channel change 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). We propose to substitute DTV Channel *9 for DTV Channel *58 for station WHMC- DT at Conway, South Carolina with the following specifications: State & City DTV Channel DTV power (kW) Antenna HAAT (m) SC Conway *9 20 250.2 4. Accordingly, we seek comments on the proposed amendment of the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules, for the community listed below, to read as follows: Channel No. City Present Proposed Conway, South Carolina *58 *9 5. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and filing requirements are contained in the attached Appendix and are incorporated by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted. 6. Interested parties may file comments on or before June 30, 2003, and reply comments on or before July 15, 2003, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: 2 Federal Communications Commission DA 03- 1483 3 Todd D. Gray Dow, Lohnes & Albertson, PLLC 1200 New Hampshire Avenue, NW Suite 800 Washington, DC 20036 (Counsel for South Carolina Educational Television Commission) 7. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to rule making proceedings to amend the TV Table of Allotments, Section 73.606( b) and 73.622( b) of the Commission's Rules. See Certification That Sections 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202( b), 73.504 and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. The Regulatory Flexibility Act of 1980 would also not apply to rule making proceedings to amend the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules. 8. For further information concerning this proceeding, contact Pam Blumenthal, Media Bureau, (202) 418- 1600. For purposes of this restricted notice and comment rule making proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such decision is no longer subject to reconsideration by the Commission or review by any court. An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. However, any new written information elicited from such a request or a summary of any new oral information shall be served by the person making the presentation upon the other parties to the proceeding unless the Commission specifically waives this service requirement. Any comment which has not been served on the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding. Any reply comment which has not been served on the person( s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in the proceeding. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau Attachment: Appendix 3 Federal Communications Commission DA 03- 1483 4 APPENDIX 1. Pursuant to authority found 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 PROPOSED TO AMEND the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is attached. 2. Showings Required. Comments are invited on the proposal( s) discussed in the Notice of Proposed Rule Making to which this Appendix is attached. Proponent( s) will be expected to answer whatever questions are presented in initial comments. The proponent of a proposed allotment is also expected to file comments even if it only resubmits or incorporates by reference its former pleadings. It should also restate its present intention to apply for the channel if it is allotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request. 3. Cut- off protection. The following procedures will govern the consideration of filings in this proceeding. (a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial comments, so that parties may comment on them in reply comments. They will not be considered if advanced in reply comments. (See Section 1.420( d) of the Commission's Rules). (b) With respect to petitions for rule making which conflict with the proposals in this Notice, they will be considered as comments in the proceeding, and Public Notice to this effect will be given as long as they are filed before the date for filing initial comments herein. If they are filed later than that, they will not be considered in connection with the decision in this docket. (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved. 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may file comments and reply comments on or before the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached. All submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in written comments, reply comments, or other appropriate pleadings. Comments shall be served on the petitioner by the person filing the comments. Reply comments shall be served on the person( s) who filed comments to which the reply is directed. Such comments and reply comments shall be accompanied by a certificate of service. (See Section 1.420( a), (b) and (c) of the Commission's Rules.). The Commission permits the electronic filing of all pleadings and comments in proceeding involving petitions for rule making (except in broadcast allotment proceedings). See Electronic Filing of Documents in Rule Making Proceedings, GC Docket No. 97- 113 (rel. April 6, 1998). Filings by paper can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The 4 Federal Communications Commission DA 03- 1483 5 Commission's contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12 th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission, Washington, D. C. 20554. 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regulations, an original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Center (Room CY- A257) at its headquarters, 445 12th Street, S. W., Washington, D. C. 5