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 Federal  Communications  Commission  DA  03-  2755 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  01-  55 


 Table  of  Allotments,  )  RM-  10034  Digital  Television  Broadcast  Stations.  ) 
 (Fayetteville,  Arkansas)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  August  27,  2003  Released:  September  4,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Arkansas  Educational  Television  Commission  (”  AETC”),  licensee  of  noncommercial  station  KAFT(  TV),  NTSC  *13,  Fayetteville,  Arkansas,  the  Commission  has  before 
 it  the  Notice  of  Proposed  Rule  Making,  16  FCC  Rcd  4471  (2001),  proposing  the  substitution  of  DTV  channel  *9  for  station  KAFT’s  assigned  DTV  channel  *45.  AETC  and  Pharis  Broadcasting, 
 Inc.  (“  Pharis”),  predecessor  in  interest  to  Fort  Smith  46,  Inc.,  licensee  of  Class  A  station  K09XE,  Winslow,  Arkansas  filed  comments.  1  AETC  filed  a  Motion  for  Extension  of  Time  to  File  Reply 
 comments  and  reply  comments.  U.  S.  Senator  Blanche  L.  Lincoln,  U.  S.  Senator  Mark  L.  Pryor  and  U.  S.  Senator  John  Boozman  filed  joint  comments.  AETC,  Fort  Smith  46,  Inc.  (“  Fort  Smith”),  and 
 Victory  Communications,  Inc.  (“  Victory”)  filed  a  Joint  Motion  for  Approval  of  Settlement. 
 2.  We  find  that  the  public  interest  would  be  served  by  the  substitution  of  DTV  channel  *9  for  DTV  channel  *45  at  Fayetteville,  since  it  will  enable  AETC  to  reduce  its  operating  costs.  DTV 
 channel  *9  can  be  allotted  to  Fayetteville,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  35-  48-  53  N.  and  94-  01-  41  W.  with  the 
 following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 AR  Fayetteville  *9  19  509  675 
 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  October  20,  2003,  the  DTV  Table  of 
 1  Pharis  had  opposed  the  proposed  allotment  change  because  it  believed  that  destructive  interference  would  be 
 caused  to  its  station  K09XE,  Winslow,  Arkansas.  The  parties,  however,  executed  a  settlement  agreement,  which  proposes,  among  other  things,  the  withdrawal  of  Pharis’  opposition  to  the  proposed  allotment.  The  settlement 


 agreement  has  been  reviewed  and  approved  by  the  staff  in  a  separate  letter.  Thus,  we  need  not  consider  or  discuss  further  the  various  pleadings  filed  herein. 
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 Federal  Communications  Commission  DA  03-  2755 
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 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. 
 Fayetteville,  Arkansas  *9,  15 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Arkansas  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  *45  for  station  KAFT-  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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