******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.622(b), ) MM Docket No. 00-188 Table of Allotments, ) RM-9969 Digital Television Broadcast Stations. ) (New Orleans, Louisiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 23, 2001 Released: February 26, 2001 By the Chief, Video Services Division: 1. At the request of WWL-TV, Inc. ("WWL"), licensee of station WWL-TV, NTSC channel 4, New Orleans, Louisiana, the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 19449 (2000), proposing the substitution of DTV channel 36 for station WWL-TV's assigned DTV channel 30. Iberia Communication, LLC ("Iberia") and WWL filed comments. Reply comments were filed by Iberia and WWL. 2. In its comments, WWL reiterates its intention to apply for DTV channel 36 at New Orleans, Louisiana, if it is allotted and, if authorized, to build a DTV facility promptly. WWL states that its proposal would eliminate the significant interference that would be caused by its operation on channel 30 to the adjacent channel DTV allotments of WVUE-DT and WLAE-DT in New Orleans and to WGBC-TV, NTSC channel 30, in Meridian, Mississippi. WWL notes that the only party submitting comments is Iberia, the applicant for vacant NTSC channel 36, who supports the allotment of DTV channel 36 to WWL-DT. WWL encourages the Commission to promptly issue a Notice and expedite action on Iberia's separate channel 53 proposal. 3. Based on the record before us, we believe the public interest would be served by substituting DTV channel 36 for DTV channel 30 since it will permit station WWL-TV to eliminate interference to the DTV channel allotments at New Orleans, as well as to station WGBC-TV at Meridian, Mississippi. With regard to Iberia's concern, the Commission has issued a Notice of Proposed Rule Making, seeking comments on Iberia's request to substitute TV channels at New Iberia, Louisiana. DTV channel 36 can be allotted to New Orleans, Louisiana, as proposed, in compliance with the principle coverage requirements of Section 73.625(a) at coordinate (29-54-23 N. and 90-02-23 W.). 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 WWL-TV with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) LA New Orleans 36 1000 305 1712 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 April 12, 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. New Orleans, Louisiana *11, 14, 15, 29, *31, 36, 40, 43, 50c 5. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, WWL-TV, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 36 in lieu of DTV Channel 30 for station WWL- 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