Federal Communications Commission DA 09-827 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 09-22 Final DTV Table of Allotments, ) RM-11516 Television Broadcast Stations ) (Des Moines, Iowa) ) REPORT AND ORDER (Proceeding Terminated) Adopted: April 14, 2009 Released: April 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 KDMI License, LLC (“KDMI License”), the licensee of pre-transition KDMI-DT, DTV channel 56, and the permittee of post-transition KDMI-DT, DTV channel 31, Des Moines, Iowa, requesting the substitution of DTV channel 19 for post-transition DTV channel 31 at Des Moines. KDMI License filed comments. No other comments were received. 2. We believe the public interest would be served by substituting DTV channel 19 for post- transition DTV channel 31 at Des Moines because it will increase KDMI-DT’s post-transition service population. Furthermore, the proposed channel substitution will permit the “Petitioner to reduce substantial financial obligations for implementation of its post-transition DTV facility.”2 Specifically, KDMI License has entered into an agreement to purchase the pre-transition digital facilities of another station in Des Moines, Iowa, which will result in a savings of approximately $750,000, compared with the cost of constructing a new facility on post-transition DTV channel 31. 3. DTV channel 19 can be substituted for post-transition DTV channel 31 at Des Moines, Iowa as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules, at coordinates 41-49-48 N. and 93-36-54 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.) Des Moines, Iowa 19 839 610 1050 4. 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 1 Des Moines, Iowa, DA 09-552 (released March 5, 2009). 2KDMI License Petition for Rulemaking at 2. Federal Communications Commission DA 09-xx 2 Act.3 An expedited effective date is necessary in this case in order to expedite processing of the station’s post-transition DTV application for DTV channel 19 and to ensure that it is able to complete construction prior to the end of the DTV transition, so that persons who presently receive service from KDMI-DT do not lose service when the station ceases its pre-transition digital operations. 5. 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 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. Des Moines, Iowa 8, *11, 13,16,19 6. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, KDMI License, LLC shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV channel 19 in lieu of post-transition DTV channel 31. 7. 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). 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning the proceeding listed above, contact Adrienne Y. Denysyk, Media Bureau, (202) 418-1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 3 5 U.S.C. § 553(d)(3).