Federal Communications Commission DA 13-1882 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 13-182 Post-Transition Table of DTV Allotments, ) RM-11701 Television Broadcast Stations. ) (Cedar Rapids, Iowa) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 11, 2013 Released: September 12, 2013 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 KGAN Licensee, LLC (“KGAN Licensee”), the licensee of KGAN(TV), channel 51, Cedar Rapids, Iowa. KGAN Licensee requests the substitution of channel 29 for channel 51 at Cedar Rapids. 2. KGAN Licensee filed comments reaffirming its interest in the proposed channel substitution and explaining that the channel substitution will serve the public interest by removing any potential interference with a wireless licensee in the Lower 700 MHz A Block located adjacent to channel 51 in Cedar Rapids.2 King Street Wireless, L.P. (“King Street”) and James Edwin Whedbee also filed comments. King Street states that it “fully endorses” the petition and that the “Commission’s generic freeze” on the acceptance of rulemaking petitions requesting channel substitutions does not extend to petitions seeking to relocate from channel 51.3 Additionally, Mr. Whedbee supports the proposal “[g]iven the Commission’s forthcoming ‘repacking’ of the DTV broadcast spectrum . . ..”4 3. We believe the public interest will be served by substituting channel 29 for channel 51 at 1 Cedar Rapids, Iowa, DA 13-1577 (Vid. Div. rel. July 16, 2013). 2 KGAN Licensee Comments at 1. 3 King Street Comments at 1 (citing Public Notice, “Freeze on the Filing of Petitions for Digital Channel Substitutions, Effective Immediately,” 26 FCC Rcd 7721 (MB 2011) and Public Notice, “General Freeze on the Filing and Processing of Applications for Channel 51 Effective Immediately and Sixty (60) Day Amendment Window for Pending Channel 51 Low Power Television, TV Translator and Class A Applications,” 26 FCC Rcd 11409 (MB 2011)). KGAN Licensee has entered into a voluntary relocation agreement with King Street. 4 Whedbee Comments at 1. Federal Communications Commission DA 13-1882 2 Cedar Rapids for the reasons stated by the Commenters. Channel 29 can be substituted for channel 51 at Cedar Rapids, Iowa as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules, at coordinates 42-18-59 N. and 91-51-30 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 Channel Power Antenna HAAT Service Pop. (kW) (meters) (thous.) Cedar Rapids, Iowa 29 850 585 1,015 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 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. Cedar Rapids, Iowa 9, 27, 29, 47 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, KGAN Licensee, LLC shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying channel 29 in lieu of 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 Joyce L. Bernstein, Media Bureau, (202) 418-1647. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau