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 Federal  Communications  Commission  DA  04-  374 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.622(  b),  )  MB  Docket  No.  03-  234 


 Table  of  Allotments,  )  RM-  10699  1  Digital  Television  Broadcast  Stations.  ) 
 (Fargo,  North  Dakota)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  February  12,  2004  Released:  February  19,  2004 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  North  Dakota  Television  License  Sub.,  LLC  (“  NDTV”),  licensee  of  station  KVLY-  TV,  Fargo,  North  Dakota,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule 
 Making,  18  FCC  Rcd  23966  (2003),  proposing  the  substitution  of  DTV  channel  44  for  KVLY’s  assigned  DTV  channel  58.  2  NDTV  filed  comments  expressing  its  continuing  interest  in  the 
 allotment  of  DTV  channel  44  to  Fargo.  No  other  comments  were  received. 
 2.  We  believe  the  public  interest  would  be  served  by  substituting  DTV  channel  44  for  DTV  channel  58  since  it  would  permit  station  KVLY-  DT  to  operate  on  an  in-  core  channel.  DTV  channel 
 44  can  be  allotted  to  Fargo,  North  Dakota,  as  proposed,  in  compliance  with  the  principle  community  coverage  requirement  of  Section  73.625(  a)  at  coordinates  47-  20-  32  N.  and  97-  17-  20  W.  Since  the 
 community  of  Fargo  is  located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  from  the  Canadian  government  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  KVLY-  DT  with 
 the  following  specifications: 
 DTV  DTV  power  Antenna  DTV  Service  State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 ND  Fargo  44  414  543  313 
 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  In  the  Notice  of  Proposed  Rule  Making  in  this  proceeding,  the  rule  making  number  was  incorrect.  On  January  8, 
 2004,  the  Commission  issued  an  Erratum  acknowledging  the  mistake. 
 2  In  its  petition  for  rule  making,  NDTV  stated  that  adoption  of  its  proposal  to  operate  on  an  in-  core  channel  would 
 eliminate  the  need  for  buying  and  installing  a  second  transmission  line  and  reinforcing  its  existing  tower.  NDTV  claimed  that  it  could  save  approximately  $615,000  in  transition  costs. 
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 Federal  Communications  Commission  DA  04-  374 
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 of  the  Commission's  Rules,  IT  IS  ORDERED,  That  effective  April  5,  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. 
 Fargo,  North  Dakota  19,  21,  *23,  44 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  North  Dakota  Television  License  Sub,  LLC  shall  submit  to  the  Commission  a  minor  change 
 application  for  a  construction  permit  (FCC  Form  301)  specifying  DTV  Channel  44  in  lieu  of  DTV  Channel  58  for  station  KVLY-  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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