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 Federal  Communications  Commission  DA  04-  1345 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  03-  229 


 Table  of  Allotments,  )  RM-  10795  Digital  Television  Broadcast  Stations.  ) 
 (Anniston,  Alabama)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  May  13,  2004  Released:  May  21,  2004 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  TV  Alabama,  Inc.,  licensee  of  station  WJSU-  TV,  NTSC  channel  40,  Anniston,  Alabama,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  18  FCC 
 Rcd  23040  (2003),  proposing  the  substitution  of  DTV  channel  9  for  WJSU’s  assigned  DTV  channel  58.  TV  Alabama  filed  comments  affirming  its  intention  in  applying  for  DTV  channel  9,  if  allotted. 
 No  other  comments  were  received. 
 2.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  9  for  DTV  channel  58,  since  it  would  enable  station  WJSU  to  operate  on  an  in-  core  channel.  DTV  channel  9 
 can  be  allotted  to  Anniston,  Alabama,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  33-  36-  24  N.  and  86-  25-  03  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  WJSU-  DT  with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (Thous.) 
 AL  Anniston  9  15.6  359  1319 
 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  August  2,  2004,  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. 
 Anniston,  Alabama  9 
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 Federal  Communications  Commission  DA  04-  1345 
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 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  TV  Alabama,  Inc.  shall  submit  to  the  Commission  a  minor  change  application  for  a  construction  permit 
 (FCC  Form  301)  specifying  DTV  Channel  9  in  lieu  of  DTV  Channel  58  for  station  WJSU-  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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