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 Federal  Communications  Commission  DA  03-  490 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.606(  b),  )  MB  Docket  No.  02-  348 


 Table  of  Allotments,  )  RM-  10455  Television  Broadcast  Stations.  ) 
 (Presque  Isle,  Maine)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  February  21,  2003  Released:  February  27,  2003 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Western  Broadcasting  Company,  LLC  (“  Western”)  1  ,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  17  FCC  Rcd  22654  (2002),  proposing  the 
 substitution  of  channel  47  for  channel  62+  at  Presque  Isle,  Maine.  Western  filed  comments  restating  its  continuing  interest  in  applying  for  channel  47,  if  allotted.  No  other  comments  were  received. 


 2.  Western  filed  its  petition  for  rulemaking  pursuant  to  the  provisions  outlined  in  the  Commission’s  Public  Notice  (Public  Notice)  released  on  March  9,  2000,  DA  00-  536.  In  that  Public 
 Notice,  the  Commission  extended  the  window  for  pending  applications  and  allotment  petitions  for  new  analog  TV  stations  to  modify  their  requests  to  eliminate  technical  conflicts  with  digital 
 television  (DTV)  stations  and  to  move  from  channels  60  through  69.  Western  filed  its  petition  seeking  a  new  channel  below  channel  60. 


 3.  We  believe  the  public  interest  would  be  served  by  substituting  channel  47  for  channel  62+  since  it  will  permit  Western  to  provide  an  additional  television  service  to  the  community  of 
 Presque  Isle.  Channel  47  can  be  allotted  to  Presque  Isle  with  a  zero  offset  in  compliance  with  the  minimum  distance  separation  requirements  of  Sections  73.610  and  73.698  of  the  Commission  Rules. 
 The  coordinates  for  channel  47  at  Presque  Isle  are  46-  45-  12  N.  and  68-  10-  28  W.  Since  the  community  of  Presque  Isle  is  located  within  400  kilometers  of  the  U.  S.-  Canadian  border, 
 concurrence  from  the  Canadian  government  has  been  obtained  for  this  allotment. 
 4.  Accordingly,  pursuant  to  the  authority  contained  in  Sections  4(  i),  5(  c)(  1),  303(  g)  and  (r) 


 1  Western  claims  “white  knight”  status  pursuant  to  the  Commission’s  procedures,  citing  Proposals  to  Reform  the 
 Commission’s  Competitive  Hearing  Process  to  Expedite  the  Resolution  of  Cases,  FCC  97-  397,  released  November  26,  1997.  Western  states  that  Prime  Broadcasting  Company  and  NYN,  LLC,  were  competing  applicants  for  channel 


 62  at  Presque  Isle.  Western  submits  that  Western  and  the  two  applicants  filed  a  Joint  Request  for  Approval  of  Settlement  Agreement  in  order  to  resolve  the  mutually  exclusivity.  Western  states  that  the  settlement  agreement 
 provides  that  NYN  would  dismiss  its  application  and  Prime’s  application  would  be  amended  to  transfer  ownership  to  Western. 
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 Federal  Communications  Commission  DA  03-  490 
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 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  April  14,  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: 


 City  Channel  No. 
 Presque  Isle,  Maine  8,  *10+,  47 
 5.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Western  Broadcasting  Company,  LLC  shall  submit  to  the  Commission  a  minor  change  application 
 for  a  construction  permit  (FCC  Form  301)  specifying  TV  Channel  47  in  lieu  of  TV  Channel  62+. 
 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 
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