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 Federal  Communications  Commission  DA  04-  265 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  00-  133 


 Table  of  Allotments,  )  RM-  9895  Digital  Television  Broadcast  Stations.  ) 
 (Portland,  Maine)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  February  3,  2004  Released  February  11,  2004 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  HMW,  Inc.  (“  HMW”),  licensee  of  station  WPXT,  Portland,  Maine,  the  Commission  has  before  it  the  Further  Notice  of  Proposed  Rule  Making,  17  FCC  Rcd  3509  (2002), 
 which  proposed  the  substitution  of  DTV  channel  43  for  station  WPXT  assigned  DTV  channel  4  at  Portland. 


 2.  Initially,  the  Commission  issued  the  Notice  of  Proposed  Rule  Making,  15  FCC  Rcd  13350,  (2000);  at  the  request  of  HMW  proposing  the  substitution  of  DTV  channel  36  for  DTV 
 channel  4.  In  response  to  the  Notice,  HMW  filed  comments  supporting  its  proposal.  Concurrently,  the  Commission’s  staff  forwarded  a  request  to  the  Canadian  government  soliciting  its  approval  of 
 HMW  proposal  since  the  community  of  Portland  is  located  within  400  kilometers  of  the  U.  S.  -Canadian  border.  After  the  close  of  the  comment  period,  the  Canadian  government  notified  the 
 Commission  that  HMW  proposal  failed  to  provide  protection  to  co-  channel  Canadian  DTV  allotments  at  Thetford-  Mines,  Granby,  St-  Jerome  located  in  Quebec,  and  McAdam  located  in  New 
 Brunswick.  In  order  to  resolve  the  conflicts,  HWM  submitted  an  amendment  proposing  the  substitution  of  DTV  channel  43  in  lieu  of  DTV  channel  36. 


 3.  In  response  to  HMW’s  amended  proposal,  the  Commission  issued  the  Further  Notice  seeking  the  substitution  of  DTV  channel  43  for  station  WPXT  assigned  DTV  channel  4.  HMW  filed 
 comments  reaffirming  its  intention  to  apply  for  DTV  channel  43,  if  allotted. 
 4.  We  believe  the  public  interest  would  be  served  by  allotting  DTV  channel  43,  since  it  will  enable  station  WPXT-  DT  to  eliminate  Canadian  interference  conflicts  and  prevent  the  displacement 
 of  LPTV  station  W04BS  at  Bethel,  Maine.  DTV  channel  43  can  be  allotted  to  Portland,  Maine,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at 
 coordinates  43-  51-  06  N.  and  70-  19-  40  W.  In  addition,  we  find  that  this  channel  was  approved  by  the  Canadian  government  and  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  WPXT-  DT  with  the  following  specifications: 
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 Federal  Communications  Commission  DA  04-  265 
 2 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 Portland,  Maine  43  750  265  670 
 5.  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  29,  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. 
 Portland,  Maine  4,  38,  43,  44 
 6.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  HMW,  Inc.  shall  submit  to  the  Commission  a  minor  change  application  for  a  construction  permit 
 (FCC  Form  301)  specifying  DTV  Channel  43  in  lieu  of  DTV  Channel  4  for  station  WPXT-  DT. 
 7.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 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 
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