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 Federal  Communications  Commission  DA  04-  373 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.606(  b),  )  MB  Docket  No.  03-  221 


 Table  of  Allotments,  )  RM-  10796  Television  Broadcast  Stations.  ) 
 (Tupelo,  Mississippi)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  February  12,  2004  Released:  February  19,  2004 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  KB  Prime  Media  and  United  Television,  Inc.  (collectively  “Applicants”),  the  mutually  exclusive  applicants  for  channel  35+  at  Tupelo,  Mississippi,  the 
 Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  proposing  the  substitution  of  channel  49  for  channel  35+  at  Tupelo,  Mississippi.  KB  Prime  filed  comments.  1 


 2.  The  Applicants  filed  their  petition  for  rule  making  pursuant  to  the  provisions  outlined  in  the  Commission’s  Public  Notice  (“  Public  Notice”)  released  on  November  22,  1999,  DA  99-  2605.  2 
 In  that  Public  Notice,  the  Commission  announced  a  window  filing  opportunity  to  allow  persons  with  certain  pending  requests  for  new  NTSC  stations  to  modify  their  requests.  The  Applicants  stated  that 
 with  the  allotment  of  DTV  channel  35  at  Columbus,  Mississippi,  the  use  of  channel  35  at  Tupelo  was  eliminated.  Therefore,  the  Applicants  filed  a  petition  for  rule  making  seeking  to  change  their 
 channel. 
 3  We  believe  the  public  interest  would  be  served  by  substituting  channel  49  for  channel  35+,  since  this  action  will  facilitate  the  implementation  of  a  new  TV  service  to  the  community  of 
 Tupelo.  A  staff  engineering  analysis  indicates  that  channel  49  can  be  allotted  to  Tupelo,  Mississippi,  with  a  plus  outset  consistent  with  the  minimum  distance  separation  requirements  of  Sections  73.610 
 and  73.698  of  the  Commission  Rules.  The  coordinates  for  channel  49+  at  Tupelo  are  North  Latitude  33-  55-  37  and  West  Longitude  88-  33-  36. 


 1  KB  Prime  affirms  its  interest  in  applying  for  DTV  channel  49+  at  Tupelo,  if  assigned,  but  states  that  on  May  8, 
 2001,  the  Commission  incorrectly  dismissed  the  Applicants’  pending  applications.  It  states  that  while  its  application  was  reinstated;  it  is  unclear  if  United  sought  reinstatement  of  its  application.  Our  records  indicate  that  on  June  5, 


 2001,  the  Commission  reinstated  KB  prime  and  United  pending  applications;  therefore,  we  find  that  both  parties  are  eligible  to  file  an  amendment  to  their  pending  applications  for  the  channel  substitution  reflected  in  this  Report  and 
 Order. 
 2  See  Mass  Media  Bureau  Announces  Window  Filing  Opportunity  for  Certain  Pending  Applications  and  Allotment 
 Petitions  for  New  Analog  TV  Stations. 
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 Federal  Communications  Commission  DA  04-  373 
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 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  April  5,  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. 
 Tupelo,  Mississippi  9-,  49+ 
 5.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  KB  Prime  Media  and  United  Television,  Inc.  shall  submit  to  the  Commission  minor  change 
 applications  for  construction  permits  (FCC  Form  301)  specifying  TV  Channel  49+  in  lieu  of  TV  Channel  35+  at  Tupelo,  Mississippi. 


 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  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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