Federal Communications Commission DA 08-2065 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 08-112 Final DTV Table of Allotments, ) RM-11456 Television Broadcast Stations. ) (Longview, Texas) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 9, 2008 Released: September 12, 2008 By the Chief, Video Division, Media Bureau: 1. The Commission has before it a Notice of Proposed Rulemaking1 issued in response to a petition for rulemaking filed by Estes Broadcasting, Inc. (“Estes”), the permittee of station KCEB-DT, DTV channel 38, Longview, Texas, requesting the substitution of DTV channel 51 for channel 38 at Longview. Estes filed comments. No other comments were received. 2. We believe the public interest would be served by substituting DTV channel 51 for DTV channel 38. Substitution of channel 51 will permit Estes to modify and utilize the current top-mounted analog antenna for station KFXK, analog channel 51, Longview, Texas, saving between $800,000 and $2,000,000 in construction costs. The channel substitution will also expedite the introduction of digital operations, since Estes would not be able to install its channel 38 digital antenna until after station KFXK removed its top-mounted channel 51 antenna. With the substitution of channel 51, Estes can modify the existing KFXK antenna for digital operation immediately after KFXK terminates its analog operations. 3. DTV channel 51 can be substituted for DTV channel 38 at Longview, Texas as proposed, in compliance with the principle community coverage requirements of Section 73.625(a) of the Commission’s rules, at coordinates 32-15-36 N. and 94-57-02 W. In addition, we find that this channel change meets the technical requirements set forth in Sections 73.616 and 73.623 of the Commission’s rules with the following specifications: City and State DTV Channel DTV Power Antenna HAAT DTV Service Pop. (kw) (meters) (thous.) Longview, Texas 51 38 377 711 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 30 days after date of publication of this Report and Order in the Federal Register, the DTV Table of Allotments, Section 73.622(i) of the Commission’s rules, 1 Longview, Texas, DA 08-1486 (released July 17, 2008). Federal Communications Commission DA 08-2065 2 IS AMENDED, with respect to the community listed below, to read as follows: City and State Channel No. Longview, Texas 31, 51 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Estes Broadcasting, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV channel 51 in lieu of DTV channel 38. 6. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning the proceeding listed above, contact Joyce L. Bernstein, Media Bureau, (202) 418-1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau