*Pages 1--2 from  Microsoft Word - 32325*
 Federal  Communications  Commission  DA  03-  3145 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.606(  b),  )  MB  Docket  No.  03-  121 


 Table  of  Allotments,  )  RM-  10707  Television  Broadcast  Stations.  ) 
 (Longview,  Texas)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  October  9,  2003  Released:  October  16,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Estes  Broadcasting,  Inc.  (“  Estes”),  permittee  of  channel  54+,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  18  FCC  Rcd  10351  (2003), 
 proposing  the  substitution  of  channel  38-  for  channel  54+  at  Longview.  Estes  filed  comments  restating  its  intention  to  apply  for  channel  38-,  if  allotted.  CivCo,  Inc.  (“  CivCo”),  permittee  of 
 station  KLTV-  DT,  Tyler,  Texas,  also  filed  comments.  1 
 2.  We  believe  the  public  interest  would  be  served  by  allotting  channel  38-  since  it  would  provide  the  community  of  Longview  with  an  additional  television  service.  A  staff  engineering 
 analysis  indicates  that  channel  38-  can  be  allotted  to  Longview  in  compliance  with  the  minimum  distance  separation  requirements  of  Sections  73.610  and  73.698  of  the  Commission  Rules.  The 
 coordinates  for  channel  38-  at  Longview  are  North  Latitude  32-  35-  23  and  West  Longitude  95-  23-  27. 


 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  December  1,  2003,  the  TV  Table  of  Allotments,  Section  73.606(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the 
 community  listed  below,  to  read  as  follows: 


 1  CivCo  states  that  any  action  in  this  proceeding  should  be  subject  to  the  finality  of  MM  Docket  No.  01-  244.  In  that 
 proceeding,  the  Commission  granted  CivCo’s  request  to  substitute  DTV  channel  10  for  station  KLTV-  DT’s  assigned  DTV  channel  38  at  Tyler,  Texas.  See  Amendment  of  Section  73.622(  b),  Table  of  Allotments,  Digital 


 Television  Broadcast  Stations  (Tyler,  California),  17  FCC  Rcd  19452  (2002).  CivCo  points  out  that  while  the  Commission  granted  the  Tyler  channel  substitution,  a  petition  for  reconsideration  is  currently  pending  thereby 
 subjecting  Estes’  proposal  to  the  outcome  of  MM  Docket  01-  244.  We  find  that  CivCo’s  comments  are  moot  since  on  September  4,  2003,  the  petition  for  reconsideration  filed  in  MM  Docket  No.  01-  244  was  denied,  consequently 
 eliminating  any  nexus  with  this  proceeding. 
1
 Federal  Communications  Commission  DA  03-  3145 
 2 
 City  Channel  No. 
 Longview,  Texas  16+,  38-,  51- 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Estes  Broadcasting,  Inc.  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  TV  Channel  38-  in  lieu  of  TV  Channel  54+. 
 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