Federal Communications Commission DA 09-2052 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 09-146 Final DTV Table of Allotments, ) RM-11553 Television Broadcast Stations. ) (Chicago, Illinois) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 14, 2009 Released: September 15, 2009 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 WLS Television, Inc. (“WLS”), the licensee of station WLS-TV, channel 7, Chicago, Illinois. WLS requests the substitution of channel 44 for channel 7 at Chicago.2 Supporting comments were filed by John Pavlica, Jr. and WOOD License Company, LLC (“WOOD License”), the licensee of WOOD-TV, Grand Rapids, Michigan. WLS filed comments reaffirming its interest in the proposed channel substitution. 2. In its petition for rulemaking, WLS explains that in the week following the DTV transition on June 12, 2009, when WLS-TV terminated its pre-transition DTV operations on channel 52 and commenced its post-transition DTV operations on channel 7, it received thousands of telephone calls from viewers reporting reception problems.3 WLS attributes the station’s reception challenges on channel 7 to the “the urban canyon effect whereby tall buildings limit coverage in urban areas” and by the fact that many of “WLS’s urban over-the air-viewers often reside in high-rise buildings where indoor reception is severely impaired due to wall attenuation.”4 According to WLS, these reception problems are exacerbated by the fact that the station is operating on a high VHF channel with only 4.75 kW effective radiated power.5 WLS believes that this channel substitution will materially improve the station’s reception and will also increase the station’s service population.6 3. In support of the proposed channel substitution, Mr. Pavlica states that he resides in 1 Chicago, Illinois, DA 09-1795 (released August 12, 2009). 2 As noted in the Notice of Proposed Rulemaking, the Commission released a Report and Order substituting channel 5 for channel 44 for station WWAZ-DT, Fond du Lac, Wisconsin. Fond du Lac, Wisconsin, DA 09-1794 (released August 12, 2009). The substitution of channel 5 for channel 44 at Fond du Lac removed the possibility of impermissible interference from the proposed WLS-TV facility to WWAZ-DT. Id. The WWAZ-DT channel substitution became effective on August 19, 2009. 74 Fed. Reg. 41799 (August 19, 2009). 3 WLS Petition for Rulemaking at 3. 4 Id. at 3-4. 5 Id., Engineering Exhibit at 2. 6 Id., Engineering Exhibit at 2-3. Federal Communications Commission DA 09-2052 2 Toledo, Ohio and is unable to receive one of his local stations which operates on a high VHF channel.7 Mr. Pavlica concurs “that WLS-TV … should be granted their request to move from VHF channel 7 to UHF channel 44,” and that stations on high VHF channels should be permitted “a new UHF channel for operation in order to recover their lost viewers.”8 WOOD License also supports the proposed channel substitution. WOOD-TV and WLS-TV are both assigned DTV channel 7, and according to WOOD License, because the two stations’ markets are relatively close to each other, “the assignment of both stations to the same channel inevitably resulted in interference to each other’s service area.”9 WOOD License concludes by stating that the proposed channel substitution “will serve the public interest by improving service in both Chicago and Grand Rapids.”10 4. We believe the public interest would be served by substituting channel 44 for WLS-TV’s assigned channel 7 at Chicago. Channel 44 can be substituted for channel 7 at Chicago, Illinois, as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules,11 at coordinates 41-52-44 N. and 85-38-08 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 rules12 with the following specifications: City and State Channel Power Antenna HAAT Service Pop. (kW) (meters) (thous.) Chicago, Illinois 44 473.3 515 9,651 5. We also conclude that good cause exists to make this channel change effective immediately upon publication in the Federal Register, pursuant to Section 553(d)(3) of the Administrative Procedures Act.13 An expedited effective date is necessary in this case to ensure that station WLS-TV can restore service to former viewers as quickly as possible. 6. 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 immediately upon 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. Chicago, Illinois 12, 19, *21, 27, 29, 31, 43, 44, 45, *47 7. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, WLS Television, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying channel 44 in lieu of channel 7 at Chicago, Illinois. 7John Pavlica, Jr. Comment at 1. 8 Id. 9 Woods License Comment at 1. 10 Id. at 3. 11 47 C.F.R. § 73.625(a). 12 47 C.F.R. §§ 73.616 and 73.623. 13 5 U.S.C. § 553(d)(3). Federal Communications Commission DA 09-2052 3 8. 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). 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. 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