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PleadingHeader for Numbered Pleading Paper yO  ) X-W  #XP\  P6Q DXP#Federal Communications Commission `(#DA 97540 ă  yxdddy )    #C\  P6QP#x` `   hh Before the x` `  Federal Communications Commission  yOx` `  hhWashington, D.C. 20554  XX-#XP\  P6Q DXP#  X-In the Matter of hh@)  X- hh@)  X-Amendment of Section 73.606(b), @) hMM Docket No. 9796  X-Table of Allotments, @) hRM8756  X-TV Broadcast Stations. @)  X -(Johnstown and Jeannette, Pennsylvania)@)  X - x  hh@ pp  0(#(#X  Xr - ` `  NOTICE OF PROPOSED RULE MAKING  XD - xAdopted: March 12, 1997; Released: March 21, 1997 Comment Date: May 12, 1997 Reply Comment Date: May 27, 1997   By the Chief, Allocations Branch: " X-  " x1. #^\  P6QJP##XP\  P6Q DXP#T#XP\  P6Q DXP#he Commission has before it the Petition for Rule Making filed by Venture  X- xTechnologies Group, Inc., ("petitioner"), licensee of Station WTWBTV, UHF Television  xChannel 19+, Johnstown, Pennsylvania, proposing the reallotment of Channel 19+ from  X^- xJohnstown to Jeannette, Pennsylvania.!x^ yO- xԍOn April 25, 1996, we returned this Petition for Rule Making on the grounds it violated the Commission's  yO- xFreeze Order on the acceptance of certain petitions for rule making proposing to amend the TV Table of Allotments.  yOg- xSee Advanced Television Systems and Their Impact on the Existing Television Broadcast Service, 52 FR  yO/- x28346, July 29, 1987. Petitioner filed a Petition for Reconsideration directed to our earlier action. In light of the  yO- xSixth Further Notice of Proposed Rule Making, in MM Docket No. 87268, 11 FCC Rcd 10968 (1996), we are of  yO- xthe view that the Freeze Order does not preclude acceptance of this petition for rule making. Accordingly, we will  yO-reinstate the Petition for Rule Making and dismiss the Petition for Reconsideration herein as moot.! Petitioner also proposes the modification of Station  xWTWBTV's license to specify Jeannette as its new community of license. Petitioner states its intention to apply for the channel, if reallotted to Jeannette.  X-   {x2. This Petition for Rule Making is filed pursuant to Section 1.420(i) of the Commission's  xRules, which permits the modification of a station's license to specify a new community of  xlicense without affording other interested parties an opportunity to file competing expressions of  X- xinterest. See Amendment of the Commission's Rules Regarding Modification of FM and TV  X- xjAuthorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted  X- x[in part, 5 FCC Rcd 7094 (1990). In support of its proposal, petitioner states Station WTWBTV,  xChannel 19+ at Johnstown has had a long history of failing to serve the public interest due to "x0*''ZZ"  xKthe fact that the JohnstownAltoona market is economically depressed and cannot support a fifth television broadcast station.  X-   x3. Moreover, petitioner states that Jeannette is the second largest incorporated city located  X- x/in Westmoreland County, and has a population of 11,221b yO-ԍAll population figures are taken from the 1990 U.S. Censusb persons. There are no television  x^stations licensed to Jeannette. The only radio station licensed to Jeannette is Station  x]WBCW(AM), a daytimeonly station. Excluding Station WTWBTV, Johnstown, with a  xpopulation of 28,134 persons, has two licensed commercial television stations and an unused  xeducational allotment on Channel *28+. Additionally, there is a construction permit for a new  xlowpower television station on Channel 35 at Johnstown. Lastly, petitioner states that Johnstown also has seven radio stations licensed to the community. " X -  N" x4. We believe the proposal warrants consideration since the reallotment of Channel 19+  xfrom Johnstown to Jeannette, Pennsylvania, could, in furtherance of the television allotment  X - xipriorities, provide the community with its first local television broadcast service. X yO- xԍThe television allotment priorities are (1) to provide at least one television service to all parts of the United  xStates, (2) to provide each community with at least one television broadcast station,; (3) to provide a choice of at  xjleast two television services to all part of the United States, (4) to provide each community with at least two  xtelevision broadcast stations, and (5) to assign any remaining channels to communities based on population,  xgeographic location, and the number of television services available to the community from stations located in other  yO-communities. Sixth Report and Order, 41 FCC 148, 167 (1952). An engineering  xanalysis has determined that Channel 19+ can be allotted to Jeannette in compliance with the  xCommission's minimum distance separation requirements with a site restriction of 43.8 kilometers  Xy- xj(27.2 miles) east at petitioner's requested site.y yO- xԍThe coordinates for UHF Television Channel 19+ at Jeannette are North Latitude 401051 and West Longitude 790746. Since Jeannette is located within 400 kilometers  x\(250 miles) of the U.S.Canadian border, concurrence of the Canadian government has been  xrequested. Although the Commission has imposed a freeze on television allotments in certain  xmetropolitan areas, and Jeannette is included in the Pittsburgh freeze area, our consideration of  X- xythe Jeannette reallotment is not precluded by the Freeze Order because the proposal would not  X- xresult in a new allotment but merely the reallotment of an existing allotment. See Sixth Further  X- xNotice of Proposed Rule Making, supra, at 10992. However, such a modification would be  X- xconditioned on the outcome of the DTV proceeding. As requested, we shall also propose to  xmodify Station WTWBTV's license to specific operation on Channel 19+ at Jeannette,  xPennsylvania. In accordance with Section 1.420(i) of the Commission's Rules, we will not  xaccepting competing expressions of interest in the use of UHF Television Channel 19+ at Jeannette.    "e( 0*%%ZZ"Ԍ  ԙx5. Accordingly, we seek comments on the proposed amendment of the TV Table of  xAllotments, Section 73.606(b) of the Commission's Rules, for the communities listed below, to read as follows:   X- x` ` City @#XP\  P6Q DXP#Channel No.  Xv-  hhPresent hppProposed  XH-X` hp x (#%'0*,.8135@8: