Federal Communications Commission DA 11-1185 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 11-74 Post-Transition Table of DTV Allotments, ) RM-11630 Television Broadcast Stations. ) (El Paso, Texas) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: July 11, 2011 Released: July 12, 2011 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 NPG of Texas, LP (“NPG”), the licensee of KVIA-TV, channel 7, El Paso, Texas. NPG requests the substitution of channel 17 for channel 7 at El Paso. NPG filed comments reaffirming its interest in the proposed channel substitution. No other comments were received. 2. We believe the public interest will be served by substituting channel 17 for channel 7 at El Paso. NPG states that this channel substitution will “serve the public interest by significantly improving the public’s digital signal reception from KVIA-TV, the ABC-TV affiliate in El Paso, a top-100 DMA.”2 NPG explains that KVIA-TV has experienced extensive signal coverage problems on channel 7 following the June 12, 2009 digital transition deadline, and that as a result, the Video Division granted KVIA-TV Special Temporary Authority to supplement its service on channel 7 with continued service on channel 17, KVIA- TV’s pre-transition digital channel.3 NPG states that “following extensive testing and comparative technical studies,” KVIA-TV’s engineers have concluded that the public interest will best be served by the station’s permanent change from channel 7 to channel 17.4 3. Channel 17 can be substituted for channel 7 at El Paso, Texas as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules, at coordinates 31-48-19 N. and 106-28-59 W.5 In addition, we find that this channel change meets the 1 El Paso, Texas, 26 FCC Rcd 6206 (Vid. Div. 2011). 2 NPG Petition at 1. 3 NPG Petition at 2; File No. BDSTA-20090707ADB. 4 NPG Petition at 2. 5 Because the proposed channel 17 facility at El Paso is identical to that approved by Mexico for KVIA-TV’s Federal Communications Commission DA 11-1185 2 technical requirements set forth in Sections 73.616 and 73.623 of the Commission’s rules with the following specifications: City and State Channel Power Antenna HAAT Service Pop. (kW) (meters) (thous.) El Paso, Texas 17 263 577 851 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 Post-Transition Table of DTV 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 Nos. El Paso, Texas *13, 15, 16, 17, 18, 25, *39, 51 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, NPG of Texas, LP shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying channel 17 in lieu of channel 7. 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 Adrienne Y. Denysyk, Media Bureau, (202) 418-1647. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau authorized pre-transition digital facility, no further international coordination was required.