Federal Communications Commission DA 14-130 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 13-302 Post-Transition Table of DTV Allotments, ) RM-11709 Television Broadcast Stations. ) (Oklahoma City, Oklahoma) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 4, 2014 Released: February 4, 2014 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 Family Broadcasting Group, Inc. (“Family Broadcasting”), the licensee of KSBI(TV), channel 51, Oklahoma City, Oklahoma. Family Broadcasting requests the substitution of channel 23 for channel 51 at Oklahoma City. 2. Family Broadcasting 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 Oklahoma City.2 Family Broadcasting further states that upon adoption of the channel substitution, it will file an application for a construction permit for channel 23 and promptly construct that facility.3 U.S. Cellular Corporation (“USCC”) also filed comments in support stating that the proposed channel substitution is in the public interest because it is “requested in conjunction with a voluntary industry settlement that will facilitate the offering of quality wireless broadband by a USCC affiliate.”4 3. We believe the public interest will be served by substituting channel 23 for channel 51 at Oklahoma City for the reasons stated by the Commenters. Channel 23 can be substituted for channel 51 at Oklahoma City, Oklahoma as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules, at coordinates 35-35-52 N. and 97-29-22 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: 1Oklahoma City, Oklahoma, DA 13-2391 (Vid. Div. rel. Dec. 16, 2013). 2 Family Broadcasting Comments at 1. 3 Id. at 1-2. 4 USCC Comments at 1. Federal Communications Commission DA 14-130 2 City and State Channel Power Antenna HAAT Service Pop. (kW) (meters) (thous.) Oklahoma City, Oklahoma 23 1000 330.4 1,404 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 Act.5 An expedited effective date is necessary in this case to ensure that station KSBI(TV) can promptly vacate channel 51 to make way for new wireless service by Lower 700 MHz A Block licensees. 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 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. Oklahoma City, Oklahoma 7, *13, 15, 23, 24, 27, 33, 39, 40, 50 6. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, Family Broadcasting Group, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying channel 23 in lieu of channel 51. 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 Joyce L. Bernstein, Media Bureau, (202) 418-1647. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 5 5 U.S.C. § 553(d)(3).