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     Before the
     Federal Communications Commission
     Washington, D.C. 20554

In the Matter of                     )
                                     )
Amendment of Section 73.622(b),     )        MM Docket No. 00-162
Table of Allotments,                 )       RM-9948
Digital Television Broadcast Stations.       )
(Fresno, California)                 )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  February 1, 2001           Released:  February 2, 2001  

By the Chief, Video Services Division:

     1.  At the request of Ackerley Broadcasting of Fresno, LLC ("Ackerley"), the successor-in-
interest to Fisher Broadcasting-Fresno ("Fisher"), licensee of station KGPE(TV) [formerly
KJEO(TV)], NTSC channel 47, Fresno, California, the Commission has before it the Notice of
Proposed Rule Making, 15 FCC Rcd 17148 (2000), proposing the substitution of DTV channel 34
for station KGPE(TV)'s assigned DTV channel 14.  Ackerley filed untimely comments supporting
the allotment of channel 34 to Fresno.  No other comments were received.  

     2.  Ackerley filed comments stating its intention to apply for DTV channel 34.  Ackerley
states the public interest will be served by the adopting the channel substitution since operation on
DTV channel 34 would cause a maximum of 0.3% interference population increase to co-channel
station KPST-DT, while operation on DTV channel 14 would result in a 1.1% interference
population increase to the licensed operation of co-channel NTSC TV station KDTV.  Ackerley also
notes the allotment of channel 34 is necessary to avoid the possibility of unintentional interference
to land-mobile operations in the vicinity.  Ackerley submits that because channel 14 is located just
above the band of frequencies utilized primarily by land-mobile operations, maximizing KGPE's
DTV operations with its current allotment may be problematic.

     3.  We believe the public interest would be served by the proposed substitution of DTV 34
for DTV channel 14 since it could eliminate potential interference to land-mobile operations.  DTV
channel 34 can be allotted to Fresno, California, as proposed, in compliance with the principle
community coverage requirements of Section 73.625(a) at reference coordinates (37-04-14 N. and
119-25-31W.).  In addition, we find that this channel is acceptable under the 2 percent criterion for
de minimis impact that is applied in evaluating requests for modification of initial DTV allotments
under Section 73.623(c)(2) for Station KGPE(TV) with the following specifications:

                  DTV         DTV power       Antenna       DTV Service
State & City        Channel        (kW)           HAAT (m)       Pop. (thous.)
CA  Fresno              34               330          597             1248
     
     
     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 March 19, 2001, the DTV
Table of Allotments, Section 73.622(b) of the Commission's Rules, IS AMENDED, with respect
to the community listed below, to read as follows:

                    City                Channel No.

                    Fresno, California       7, 9, 16, 34
                                            *40

     5.  IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order,
Ackerley Broadcasting of Fresno, LLC shall submit to the Commission a minor change application
for a construction permit (FCC Form 301) specifying DTV Channel 34 in lieu of DTV Channel 14
for station KGPE(TV). 

     6.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     7.  For further information concerning this proceeding, contact Pam Blumenthal, Mass
Media Bureau, (202) 418-1600.

                              FEDERAL COMMUNICATIONS COMMISSION




                              Barbara A. Kreisman 
                              Chief, Video Services Division
                              Mass Media Bureau