*Pages 1--2 from Microsoft Word - 29305* Federal Communications Commission DA 03- 2187 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MB Docket No. 02- 45 Table of Allotments, ) RM- 10373 Digital Television Broadcast Stations. ) (Cadillac and Manistee, Michigan) ) REPORT AND ORDER (Proceeding Terminated) Adopted: July 2, 2003 Released: July 7, 2003 By the Chief, Video Division: 1. At the request of Central Michigan University (“ CMU”), the licensee of noncommercial stations WCMV, Cadillac, Michigan, and WCMW, Manistee, Michigan, the Commission has before it the Notice of Proposed Rule Making, 17 FCC Rcd 4218 (2002), proposing a DTV channel swap between stations WCMV and WCMW. CMU filed comments. No other comments were received. 2. CMU filed comments restating its intention to amend its construction permits for stations WCMV- DT and WCMW- DT to specify the channel swap. CMU contends that the adoption of its proposal will enable the University to maximize service in a cost- effective manner. CMU states if the channels were swapped, it could build- out the channel *17 facility to cover the Traverse City-Cadillac DMA, while the channel *58 facility could serve the smaller Manistee area. CMU claims that the channel swap at Cadillac will enable it to share a tower, antenna and combiner with a local commercial broadcaster. The capital construction savings, according to CMU, could be as much as $1,310,000. 3. We believe the public interest would be served by adopting CMU’s channel swap since it will enable CMU to preserve its monetary resources while improving its service. DTV channel *17 can be substituted for DTV channel *58 at Cadillac, Michigan, and DTV channel *58 can be substituted for DTV channel *17 at Manistee, Michigan, as proposed, in compliance with the principle community coverage requirements of Section 73.625( a) at coordinates (44- 44- 53 N. and 85- 04- 08 W.) and (44- 03- 57 N. and 86- 19- 58 W.), respectively. Since the communities of Cadillac and Manistee are located within 400 kilometers of the U. S.- Canadian border, concurrence from the Canadian government had been obtained for these allotments. In addition, we find that these channel changes are 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 Stations WCMV- DT and WCMW- DT with the following specifications: 1 Federal Communications Commission DA 03- 2187 2 DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) MI Cadillac *17 500 399 327 MI Manistee *58 200 104 78 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 August 21, 2003, the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Channel No. Cadillac, Michigan *17, 40, 47 Manistee, Michigan *58 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Central Michigan University shall submit to the Commission minor change applications for construction permits (FCC Form 340) for stations WCMV- DT and WCMW- DT, specifying DTV Channel *17 in lieu of DTV Channel *58 at Cadillac, and DTV channel *58 in lieu of DTV channel *17 at Manistee, Michigan. 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 2