*Pages 1--2 from  Microsoft Word - 31133*
 Federal  Communications  Commission  DA  03-  2761 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  03-  118 


 Table  of  Allotments,  )  RM-  10585  Digital  Television  Broadcast  Stations.  ) 
 (Butte,  Montana)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  August  28,  2003  Released:  September  4,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  KXLF  Communications,  Inc.  (“  KXLF”),  licensee  of  KXLF-  TV,  Butte,  Montana,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  18  FCC  Rcd  9520 
 (2003),  proposing  the  substitution  of  DTV  channel  5  for  station  KXLF-  TV’s  paired  DTV  channel  15.  1  KXLF  filed  comments  reaffirming  its  interest  in  applying  for  DTV  channel  5,  if  allotted.  No 
 other  comments  were  received. 
 2.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  5  for  DTV  channel  15  since  it  will  permit  KXLF  to  share  facilities  with  its  current  NTSC  operations.  DTV 
 channel  5  can  be  allotted  to  Butte,  Montana,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  46-  00-  27  N.  and  112-  26-  30 
 W.  Since  the  community  of  Butte  is  located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  from  the  Canadian  was  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  KXLF-DT 
 with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 MT  Butte  5  10.7  588  149 
 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  Allotments,  Section  73.622(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the 
 community  listed  below,  to  read  as  follows: 
 1  In  its  petition  for  rule  making,  KXLF  states  that  the  adoption  of  its  channel  substitution  proposal  will  permit 
 KXLF  to  share  certain  transmission  equipment  and  facilities  with  KXLF’s  current  NTSC  operations.  It  also  claims  that  this  sharing  will  reduce  KXLF  build-  out  and  operating  costs. 
1
 Federal  Communications  Commission  DA  03-  2761 
 2 
 City  Channel  No. 
 Butte,  Montana  5,  19c,  33 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  KXLF  Communications,  Inc.  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  DTV  Channel  5  in  lieu  of  DTV  Channel  15  for  station  KXLF-  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 
2