******************************************************** 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. 00-242 Table of Allotments, ) RM-9998 Digital Television Broadcast Stations. ) (Weston, West Virginia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 5, 2001 Released: March 6, 2001 By the Chief, Video Services Division: 1. At the request of Withers Broadcasting Company of West Virginia ("Withers"), licensee of station WDTV(TV), NTSC channel 5, Weston, West Virginia, the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 23760 (2000), proposing the substitution of DTV channel 6 for DTV channel 58 at Weston. Withers filed comments renewing its interest in applying for DTV channel 6, if allotted. No other comments were filed. 2. We believe the public interest would be served by substituting DTV channel 6 for DTV channel 58 since it would alleviate the NRAO's objection to the use of DTV channel 58 at Weston and permit station WSTV(TV) to operate on a core allotment. DTV channel 6 can be allotted to Weston, West Virginia, as proposed, in compliance with the principle community coverage requirements of Section 73.625(a) at coordinates (39-04-29 N. and 80-25-28 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 WDTV(TV) with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) WV Weston 6 10.0 253 501 3. 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 20, 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. Weston, West Virginia 6 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Withers Broadcasting Company of West Virginia shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 6 in lieu of DTV Channel 58 for station WDTV(TV). 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. 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