*Pages 1--3 from Microsoft Word - 40676* Federal Communications Commission DA 04- 2161 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.606( b), ) MB Docket No. 02- 315 Table of Allotments, ) RM- 10566 Television Broadcast Stations; and ) Section 73.622( b) Table of Allotments, ) Digital Broadcast Television Stations. ) (Moscow, Idaho) ) REPORT AND ORDER (Proceeding Terminated) Adopted: July 19, 2004 Released: July 30, 2004 By the Chief, Video Division: 1. At the request of the State Board of Education, State of Idaho, (“ Idaho PTV”), licensee of noncommercial television station KUID- TV, channel *12- and permittee of noncommercial DTV station KUID- DT, channel *35, both licensed to service Moscow, Idaho, the Commission has before it the Notice of Proposed Rule Making, 17 FCC Rcd 19447 (2002), proposing the exchange of KUID’s analog and digital allotments. 1 Idaho PTV 2 and KSKN Television, Inc., a subsidiary of Belo Corp. (“ Belo”) filed supporting comments. 2. Belo, licensee of KSKN( TV), Spokane, Washington, states that it is allotted channel 36 for its digital operations. It submits that its inability to increase its power is due to the presence of DTV channel 35 at Moscow and had submitted a petition for rule making requesting the substitution of channel 48 for its allotted channel 36. Belo now states that the adoption of KUID’s proposal would allow KSKN- DT to maximize its facilities on its current channel 36. Accordingly, Belo supports Idaho PTV proposal to amend the Television Table of Allotments. 3 1 In its petition for rule making, Idaho PTV stated that adoption of its channel exchange would result in enormous cost savings estimated to be in the range of $1 million. Idaho PTV stated that these funds could be used to enhance the educational programming offered by Idaho PTV. 2 Idaho PTV also filed an engineering amendment to its petition in response to a Commission letter from the Associate Chief, Video Division, Media Bureau, addressing the Canadian government objection to KUID- DT’s proposal to operate on DTV channel *12. The Canadian government asserted that KUIT- DT did not provide protection to a co- channel allotment at Oliver, British Columbia. Idaho PTV submitted the results of the Longley-Rice analysis which showed that no interference was predicted to the Canadian channel 12 allotment, thus Canadian concurrence was obtained for this allotment. 3 Subsequently, KSKN withdrew its petition for rule making proposing the substitution of DTV channel 48 for DTV channel 36 at Spokane, Washington. See Spokane, Washington, 18 FCC Rcd 25610 (MB 2003). 1 Federal Communications Commission DA 04- 2161 2 3. We believe the public interest would be served by adopting Idaho PTV proposal since it would enable Idaho PTV to reduce its construction and operating costs. TV channel *35 can be substituted for TV Channel *12- at Moscow with a minus offset consistent with Sections 73.610 and 73.611 of the Commission’s Rules. 4 DTV channel *12 can be substituted for DTV channel *35 at Moscow, as proposed, in compliance with the principle community coverage requirement of Section 73.625( a) at coordinates 46- 40- 54 N. and 116- 58- 13 W. Since the community of Moscow is located within 400 kilometers of the U. S.- Canadian border, concurrence from the Canadian government has been obtained for these allotments. In addition, we find that the allotment of DTV channel *12 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 KUID- DT with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) ID Moscow *12 128.5 339.7 243 4. 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 September 13, 2004, 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. Moscow, Idaho *35- 5. IT IS FURTHER ORDERED, That effective September 13, 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. Moscow, Idaho *12 6. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, the State Board of Education, State of Idaho shall submit to the Commission minor change applications for construction permits (FCC Form 301) specifying the channel changes reflected in this Report and Order for stations KUID( TV) and KUID- DT. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 4 The coordinates for channel *35- are North Latitude 46- 41- 07 and West Longitude 116- 50- 34. 2 Federal Communications Commission DA 04- 2161 3 8. 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 3