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 Federal  Communications  Commission  DA  03-  2709 
 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)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  August  20,  2003  Released:  August  27,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  South  Carolina  Educational  Television  Commission  (“  SCETV”),  licensee  of  noncommercial  educational  station  WHMC-  TV,  NTSC  channel  *23,  Conway,  South 
 Carolina,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  18  FCC  Rcd  9320  (2003),  proposing  the  substitution  of  DTV  *9  for  station  WHMC-  TV’s  assigned  DTV  channel  *58. 
 SCETV  filed  comments  restating  its  interest  in  applying  for  DTV  channel  *9,  if  allotted.  1  Cox  filed  comments  noting  that  SCETV  and  Cox  have  signed  a  DTV  Consent  Agreement. 


 2.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  *9  for  DTV  channel  *58  since  it  would  permit  SCETV  to  operate  on  an  in-  core  channel  while  reducing  the 
 agency’s  need  to  construct  two  DTV  facilities,  thereby  reducing  its  construction  costs.  DTV  channel  *9  can  be  allotted  to  Conway,  South  Carolina,  as  proposed,  in  compliance  with  the  principle 
 community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  33-  56-  58  N.  and  79-  06-  31  W.  DTV  channel  *9  can  be  allotted  to  Conway  for  station  WHMC-  DT  with  the  following 
 specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 SC  Conway  *9  20  250.2  619 
 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 


 1  SCETV  filed  a  copy  of  a  DTV  Consent  Agreement  between  SCETV  and  WSOC  Holdings,  Inc.  (“  Cox”),  licensee 
 of  station  WSOC(  TV),  NTSC  channel  9,  Charlotte,  North  Carolina.  The  agreement  states  that  SCETV  has  agreed  to  accept  interference  that  may  be  caused  to  WHMC-  DT  by  WSOC-  DT.  Since  SCETV’s  channel  substitution 


 proposal  complies  with  all  of  the  Commission’s  technical  rules  and  fully  protects  WSOC,  we  find  it  is  not  necessary  to  review  the  agreement  to  determine  if  it  is  consistent  with  the  public  interest.  Should  Cox  decide  to  use  channel  9 
 for  its  permanent  DTV  channel,  interference  issues  would  have  to  be  reviewed  in  the  context  of  the  standards  in  existence  at  the  time.  Accordingly,  we  pass  no  judgment  on  the  DTV  Consent  Agreement. 
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 Federal  Communications  Commission  DA  03-  2709 
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 of  the  Commission's  Rules,  IT  IS  ORDERED,  That  effective  October  14,  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. 
 Conway,  South  Carolina  *9 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  the  South  Carolina  Educational  Television  Commission  shall  submit  to  the  Commission  a  minor  change 
 application  for  a  construction  permit  (FCC  Form  340)  specifying  DTV  Channel  *9  in  lieu  of  DTV  Channel  *58  for  station  WHMC-  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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