*Pages 1--2 from  Microsoft Word - 42823*
 Federal  Communications  Commission  DA  04-  3051 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  04-  188 


 Table  of  Allotments,  )  RM-  9880  Digital  Television  Broadcast  Stations.  ) 
 (Glendive,  Montana)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  September  23,  2004  Released:  October  1,  2004 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Glendive  Broadcasting  Corporation  (“  Glendive”),  licensee  of  station  KXGN-  TV,  TV  channel  5,  Glendive,  Montana,  the  Commission  has  before  it  the  Notice  of  Proposed 
 Rule  Making,  19  FCC  Rcd  9218  (2004),  proposing  the  substitution  of  DTV  channel  10  for  station  KXGN  paired  DTV  channel  15.  Glendive  filed  comments  affirming  its  continued  expression  of 
 interest  in  applying  for  DTV  channel  10,  if  allotted.  1  No  other  comments  were  received. 
 2.  We  believe  the  public  interest  would  be  served  by  adopting  Glendive  channel  substitution  since  it  will  permit  station  KXGN  to  broadcast  more  efficiently  and  better  serve  the  community  of 
 Glendive.  2  DTV  channel  10  can  be  allotted  to  Glendive,  Montana,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  47-  03-  15  N.  and 
 104-  40-  45  W.  Since  the  community  of  Glendive  is  located  within  400  kilometers  of  the  U.  S.  -Canadian  border,  concurrence  from  the  Canadian  was  obtained  for  this  allotment.  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  with  the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 MT  Glendive  10  30  152  23 
 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 


 1  As  stated  in  the  Notice,  Glendive  failed  to  include  an  affidavit  verifying  the  statements  in  its  petition  and  was 
 directed  to  comply  with  the  requirements  of  Section  1.52  of  the  Commission’s  Rules.  However,  Glendive  did  subsequently  file  the  required  affidavit  and  is  now  in  compliance  with  the  Rules. 


 2  In  its  petition  for  rule  making,  Glendive  stated  that  operating  on  DTV  channel  10  will  enable  KXGN-  DT  to  reduce 
 its  costs  and  improve  its  service. 
1
 Federal  Communications  Commission  DA  04-  3051 
 2 
 of  the  Commission's  Rules,  IT  IS  ORDERED,  That  effective  November  15,  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. 
 Glendive,  Montana  10 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Glendive  Broadcasting  Corporation  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  DTV  Channel  10  in  lieu  of  DTV  Channel  15  for  station  KXGN-  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