Federal Communications Commission DA 08-2723 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 08-103 Final DTV Table of Allotments, ) RM-11441 Television Broadcast Stations. ) (Augusta, Georgia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: December 17, 2008 Released: December 18, 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 Southeastern Media Holdings, Inc. (“SMH”), the licensee of WFXG(TV), channel 54, Augusta, Georgia, and permittee of WFXG-DT, pre-transition and post-transition digital channel 51, Augusta, Georgia. SMH requested the substitution of channel 31 for post-transition digital channel 51 at Augusta, Georgia. SMH filed comments in support of its petition for rulemaking. No other comments were received. 2. We believe the public interest would be served by substituting DTV channel 31 for channel 51 at Augusta, Georgia. Our analysis shows that substitution of DTV channel 31 for channel 51 will allow WFXG-DT to provide coverage to more than 400,000 additional persons. 3. DTV channel 31 can be substituted for DTV channel 51 at Augusta, Georgia, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules,2 at coordinates 33-25-0 N. and 81-50-6 W. In addition, the proposed channel change meets the technical requirements set forth in Sections 73.616, 73.622(f)(5) and 73.623 of the Commission’s rules3 with the following specifications: State and DTV Channel DTV Power Antenna HAAT DTV Service Pop. 1 Augusta, Georgia, DA 08-2161 (released September 30, 2008). 2 47 C.F.R. § 73.625(a). 3 47 C.F.R. §§ 73.616, 73.622(f)(5) & 73.623. Although the proposed channel substitution was predicted to cause interference to the pending modification applications of WMBF-DT, Myrtle Beach, South Carolina, and WRLK-DT, Columbia, South Carolina, on August 19, 2008, SMH submitted an interference agreement among these stations that resolved this matter. Federal Communications Commission DA 08-2723 2 City (kw) (meters) (thous.) Augusta, Georgia 31 413 383 1007 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 the 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, IS AMENDED, with respect to the community listed below, to read as follows: City and State Channel No. Augusta, Georgia 12, 30, 31, 42 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Southeastern Media Holdings, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV channel 31 in lieu of DTV channel 51. 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 Shaun A. Maher, Media Bureau, (202) 418-1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau