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 Federal  Communications  Commission  DA  04-  500 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  Amendment  of  Section  73.606(  b),  )  MB  Docket  No.  03-  213 


 Table  of  Allotments,  )  RM-  10794  Television  Broadcast  Stations.  ) 
 (Saranac  Lake,  New  York)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  February  25,  2004  Released:  March  3,  2004 
 By  the  Chief,  Video  Division: 
 1.  At  the  request  of  Channel  61  Associates,  LLC  (“  Channel  61”),  1  an  applicant  for  NTSC  channel  61-  at  Saranac  Lake,  New  York,  the  Commission  has  before  it  the  Notice  of  Proposed  Rule 
 Making,  18  FCC  Rcd  20038  (2003),  proposing  the  substitution  of  channel  40  for  channel  61-  at  Saranac  Lake.  2 


 2.  We  believe  the  public  interest  would  be  served  by  substituting  channel  40  for  channel  60  since  it  would  permit  Channel  61  to  operate  on  a  channel  below  the  746-  806  MHz  band  (television 
 channels  60-  69).  A  staff  engineering  analysis  indicates  that  channel  40  can  be  allotted  to  Saranac  Lake  with  a  plus  offset  in  compliance  with  the  minimum  distance  separation  requirements  of 
 Sections  73.610  and  73.698  of  the  Commission  Rules.  The  coordinates  for  channel  40+  at  Saranac  Lake  are  North  44-  09-  35  and  West  Longitude  74-  28-  34.  Since  the  community  of  Saranac  Lake  is 
 located  within  400  kilometers  of  the  U.  S.-  Canadian  border,  concurrence  from  the  Canadian  government  has  been  obtained  for  this  allotment. 


 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 
 of  the  Commission's  Rules,  IT  IS  ORDERED,  That  effective  April  19,  2004,  the  TV  Table  of  Allotments,  Section  73.606(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the 


 1  Floyd  L.  Cox,  Donald  J.  McHone  and  WWBI-  TV  were  competing  applicants  for  channel  61-  at  Saranac  Lake. 
 The  parties  entered  into  a  settlement  agreement  where  McHone  and  WWBI-  TV  dismissed  their  applications  and  joined  Cox  to  become  one-  third  owners  of  Channel  61  Associates. 


 2  Channel  61  filed  its  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.  In  that  Public  Notice,  the  Commission  announced  a  window  filing  opportunity  to  allow  persons  with  certain  pending  requests  for  new  analog  (NTSC) 


 television  stations  to  modify  their  requests  to  eliminate  technical  conflicts  with  digital  (DTV)  stations  and  to  move  from  channels  60  through  69.  In  accordance  with  the  Public  Notice,  Channel  61  submitted  its  petition  requesting  a 
 new  channel  below  channel  60. 
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 Federal  Communications  Commission  DA  04-  500 
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 community  listed  below,  to  read  as  follows: 
 City  Channel  No. 
 Saranac  Lake,  New  York  40+ 
 4.  IT  IS  FURTHER  ORDERED,  That  within  45  days  of  the  effective  date  of  this  Order,  Channel  61  Associates,  LLC  shall  submit  to  the  Commission  a  minor  change  application  for  a 
 construction  permit  (FCC  Form  301)  specifying  TV  Channel  40+  in  lieu  of  TV  Channel  61-. 
 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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