WPCN" 2HB3X@ Z3|P (TT)Times New Roman (TT)Times New Roman (Bold) (TT)"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZS7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSHP LaserJet 4000 Series PCL 5el)HL4SPC5E.WRSC\  P6Q,,&yyP2 z%Z3|j Times New RomanTimes New Roman BoldHP LaserJet 4HPLAS4.PRS 4C\  P6Q\,&P2 XE K{ .y.C8*X_C\  P6QP.7PC2X߳XP\  P6QXPl7UC2X|XU4  pQX.W!0(XCh0\  P6QhPSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFddddddddddddddddddddddddddddddddddddddddN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2"@Z@@R"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd(Proceeding Terminated)  XK4 Adopted: May 19, 1999 Released: May 28, 1999 By the Chief, Policy and Rules Division:  "1. The Commission has before it the Petition for Reconsideration filed by KFBB  xCorporation, L.L.C. ("KFBB Corporation") directed to the staff action returning its Petition for  xRule Making proposing the dereservation of NTSC Channel *15 in Helena, Montana. For the reasons discussed below, we deny the Petition for Reconsideration.  "d2. In its Petition for Rule Making, KFBB Corporation, licensee of Station KFBBTV,  xChannel 5, Great Falls, Montana, proposed the dereservation of Channel *15 in order that it may  x4apply for that allotment and operate it as a satellite of its commercial Station KFBBTV.  xICurrently, KFBB Corporation provides this television service to Helena via its translator Station  xIK21DU. After review of the proposal, we determined that it would not be in the public interest  xpto dereserve the only noncommercial educational allotment at Helena. There were two reasons  X4 xfor this determination. The first reason concerned the Commission action in the Sixth Further  X4 xNotice of Proposed Rule Making in MM Docket No. 87268, Advanced Television Systems and  X 4 xTheir Impact upon the Existing Television Broadcast Service ("Sixth Further Notice"), 11 FCC  xuRcd 10968 (1996), in which it announced that it would not accept petitions proposing new  xtelevision stations after July 25, 1996. Our analysis indicated that, prior to this date, Channels  x_21, 27, 28, 34, 36, 37 and 40 had been available for allotment to Helena. In view of this fact,  xywe did not believe that it would be in the public interest to dereserve the only noncommercial  xeducational allotment in Helena because KFBB Corporation did not file a petition for rule making  xto allot a commercial channel to Helena prior to the July 25, 1996, date for filing such petitions.  X#'4 xRIn our earlier decision we also referred to the Sixth Further Notice in which the Commission  xstated that it would attempt to find replacement DTV allotments for all vacant noncommercial  xeducational allotments. The Commission effort to accommodate the existing Channel *15"(,))ZZ&"  xallotment in Helena in the DTV Table of Allotments was premised on its status as a noncommercial educational allotment.  "3. In support of its Petition for Reconsideration, KFBB Corporation states that in view  xof the freeze on the acceptance of petitions for new NTSC allotments, the dereservation of  x[Channel *15 "provides the only viable option" of providing Helena with an additional local  xtelevision service. KFBB Corporation also argues that the Commission should not be reluctant  xto dereserve Channel *15 because there has been no interest in applying for this allotment.  xFinally, KFBB Corporation asserts that in view of the lack of spectrum congestion in the Helena  xarea, a commercial Channel 15 allotment would not have an adverse impact on the existing DTV  xTable of Allotments or the ability of the Commission to provide a paired DTV allotment for NTSC Channel 15.  "4. We deny the Petition for Reconsideration. First of all, in order to provide for an  xorderly and predictable process to establish the DTV Table of Allotments, the Commission will  X 4 xno longer accept applications for new NTSC allotments. See Sixth Further Notice supra at para.  X4 x60.XcG yO ' x ԍIn regard to petitions for rule making filed before the July 25, 1996, freeze date, the Commission also announced  x that these petitions will be addressed on a casebycase basis taking into account the impact on the DTV Table of  x* Allotments. For those pending proceedings in which a new NTSC channel is allotted, the Commission will make  yOa' x^ an exception to its decision to cease accepting applications for new NTSC allotments. See Sixth Further Notice at para. 61. X We do not believe that the facts of this case justify a recommendation to the Commission  xthat it should waive the freeze with respect to any eventual application for a commercial Channel  x15 allotment at Helena. In regard to the facts of this case, KFBB Corporation proposes to  xoperate Channel 15 as a satellite for its commercial Station KFBBTV in Great Falls. This  xservice is currently being provided to Helena by its translator Station K21DU. Contrary to the  x+statement in its Petition for Reconsideration, our earlier reference to the availability of other  x<television channels for allotment to Helena was relevant to this case. KFBB Corporation could  x"have filed a Petition for Rule Making proposing a new commercial NTSC allotment for Helena  xyat any time prior to the July 25, 1996. It did not do so. Instead, less than two months later, it  xfiled a Petition for Rule Making proposing the dereservation of Channel *15. At this juncture,  xVwe do not believe that it would be in the public interest to dereserve Channel *15 and waive the  x}freeze on the acceptance of applications for NTSC allotments in order to accommodate the fact  xthat KFBB Corporation did not file a petition for rule making prior to the July 25, 1996, final  xdate for the filing of such petitions. In effect, KFBB Corporation is attempting to circumvent  XN4 xthe decision in the Sixth Further Notice to stop accepting petitions for rule making to add an  x~allotment for a new NTSC television station. In a separate vein, we also note that the  xCommission has specifically stated that new television broadcast stations should operate with the  X 4 xlnew DTV technology. See Sixth Report and Order in MM Docket No. 87268, 12 FCC Rcd  X414588 (1997). "!x,-(-(ZZ "Ԍ "uԙ5. Accordingly, IT IS ORDERED, That the aforementioned Petition for Reconsideration filed by KFBB Corporation, L.L.C. IS DENIED. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqCharles W. Logan ` `  hhCqChief, Policy and Rules Division ` `  hhCqMass Media Bureau ` `   X 4` ` hhCqpp