*Pages 1--2 from Microsoft Word - 24394.doc* Federal Communications Commission DA 03- 79 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MB Docket No. 02- 129 Table of Allotments, ) RM- 10437 Digital Television Broadcast Stations. ) (Wilmington, North Carolina) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 10, 2003 Released: January 16, 2003 By the Chief, Video Division: 1. At the request of Raycom America, Inc. (“ Raycom”), licensee of station WECT( TV), Wilmington, North Carolina, the Commission has before it the Notice of Proposed Rule Making, 17 FCC Rcd 10449 (2002), proposing the substitution of DTV channel 44 for station WECT’s assigned DTV channel 54. Raycom filed comments supporting its request to change channels. No other comments were received. 2. We believe the public interest would be served by substituting DTV channel 44 for DTV channel 54 since it will facilitate the Commission’s goal of clearing out- of- core television spectrum for new uses. DTV channel 44 can be allotted to Wilmington, North Carolina, as proposed, in compliance with the principle community coverage requirement of Section 73.625( a) at coordinates 34- 19- 16 N. and 78- 13- 43 W. 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 WECT- DT with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) NC Wilmington 44 33 290 328 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 March 3, 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. Wilmington, North Carolina *29, 30, 44, 46 1 Federal Communications Commission DA 03- 79 2 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Raycom America, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 44 in lieu of DTV Channel 54 for station WECT-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