Federal Communications Commission DA 11-501 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 09-123 Final DTV Table of Allotments, ) RM-11546 Television Broadcast Stations. ) (New Haven, Connecticut) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 15, 2011 Released: March 16, 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 Connecticut Public Broadcasting, Inc. (“CPBI”), the licensee of noncommercial educational station WEDY, New Haven, Connecticut, requesting the substitution of channel *41 for channel *6 at New Haven. In support of its channel substitution request, CPBI states that its channel *6 facility is subject to substantial levels of new interference from post-transition power increases authorized for stations WPVI-TV, channel 6, Philadelphia, Pennsylvania, and WRGB, channel 6, Schenectady, New York, and that substitution of channel *41 will resolve any interference being experienced by viewers.2 2. CPBI filed comments in support. WHDH-TV, the licensee of WLVI-TV, channel 41, Cambridge, Massachusetts, filed comments opposing the channel substitution, alleging that CPBI’s proposal is predicted to cause interference to a minor change application filed for WLVI-TV. CPBI subsequently filed supplemental comments proposing to reduce the power for its channel *41 proposal, and WHDH-TV filed comments withdrawing its objection to the substitution of channel *41 for channel *6. 3. We believe the public interest would be served by substituting channel *41 for channel *6. Channel *41 can be substituted for channel *6 at New Haven, as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules,3 at coordinates 41-19-42 N. and 72-54-25 W. This channel change further 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 (kW) Antenna HAAT(m) DTV Service Pop. (thous.) New Haven, CT *41 60 88 3,050 3. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) 1 New Haven, Connecticut, Notice of Proposed Rulemaking, 24 FCC Rcd 9165 (Vid. Div. 2009). 2 Id. at 9165. 3 47 C.F.R. § 73.625(a). Federal Communications Commission DA 11-501 2 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, IS AMENDED, with respect to the community listed below, to read as follows: City and State Channel No. New Haven, CT 10, 39, *41 4 IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Connecticut Public Broadcasting, Inc, shall submit to the Commission a minor change application for a construction permit (FCC Form 340) specifying channel *41 in lieu of channel *6. 5. 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). 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning the proceeding listed above, contact Joyce L. Bernstein, Media Bureau, (202) 418-1647. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau