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 Federal  Communications  Commission  DA  03-  159 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  02-  91 


 Table  of  Allotments,  )  RM-  10411  Digital  Television  Broadcast  Stations.  ) 
 (Cheboygan,  Michigan)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  January  16,  2003  Released:  January  23,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  WPBN/  WTOM  License  Subsidiary,  Inc.  (“  WPGN”),  licensee  of  WTOM-  TV,  NTSC  channel  4,  Cheboygan,  Michigan,  the  Commission  has  before  it  the  Notice  of 
 Proposed  Rule  Making,  17  FCC  Rcd  7959  (2002),  proposing  the  substitution  of  DTV  channel  35  for  station  WTOM-  TV’s  assigned  DTV  channel  14.  WPGN  filed  comments.  No  other  comments  were 
 received. 
 2.  WPGN  filed  comments  reiterating  its  intention  to  apply  for  DTV  channel  35,  if  allotted.  WPGN  states  that  the  allotment  of  DTV  channel  35  in  lieu  of  DTV  channel  14  is  necessary  in  order 
 to  avoid  unintentional  interference  to  the  adjacent  band  of  frequencies  used  primarily  for  land-mobile  operations.  According  to  WPGN,  the  potential  for  interference  with  land-  mobile 
 communications  in  the  Cheboygan  community  is  even  greater  than  the  Commission  anticipated  due  to  the  older  land-  mobile  equipment  used  by  the  Cheboygan  emergency  personnel.  WPGN  states 
 that  adoption  of  its  proposal  will  help  eliminate  this  unintentional  interference  to  land  mobile  service  while  enabling  station  WTOM-  DT  to  provide  the  requisite  coverage  to  the  entire  Cheboygan 
 community. 
 3.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  35  for  DTV  channel  14  since  it  will  enable  station  WTOM-  DT  to  cure  its  interference  concerns  with  the  land 
 mobile  operations  in  Cheboygan.  DTV  channel  35  can  be  allotted  to  Cheboygan,  Michigan,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at 
 coordinates  45-  39-  01  N.  and  84-  20-  37  W.  Since  the  community  of  Cheboygan  is  located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  from  the  Canadian  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  WTOM-  DT  with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
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 Federal  Communications  Commission  DA  03-  159 
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 MI  Cheboygan  35  80  168  68 
 4.  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  March  10,  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. 
 Cheboygan,  Michigan  35 
 5.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  WPBN/  WTOM  License  Subsidiary,  Inc.  shall  submit  to  the  Commission  a  minor  change  application 
 for  a  construction  permit  (FCC  Form  301)  specifying  DTV  Channel  35  in  lieu  of  DTV  Channel  14  for  station  WTOM-  DT. 


 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  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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