**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.622(b), ) MM Docket No. 01-1

Table of Allotments, ) RM-10013

Digital Television Broadcast Stations. )

(Macon, Georgia) )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: February 1, 2002 Released: February 6, 2002**

By the Chief, Video Services Division:

1\. At the request of Gannett Georgia, L.P. (\"Gannett\"), licensee of
station WMAZ-TV, NTSC channel 13, Macon, Georgia, the Commission has
before it the [Notice of Proposed Rule Making]{.underline} (*Notice)*,
16 FCC Rcd 193 (2000), proposing the substitution of DTV channel 4 for
station WMAZ-TV\'s assigned DTV channel 45. Gannett filed comments
reaffirming its interest in applying for DTV channel 4, if allotted to
Macon. Macon Urban Ministries, Inc., d/b/a Good News Television (\"Good
News\"), licensee of NTSC television station WGNM, Macon, Georgia, and
Georgia Public Telecommunications Commission (\"Georgia Public\"),
licensee of noncommercial educational television station WGTV-TV,
Athens, Georgia, filed counterproposals.[^1] Gannett and Good News filed
reply comments.[^2] Additional comments were filed by Gannett, Georgia
Public and Good News.

2\. In its counterproposal, Georgia Public requests the substitution of
DTV channel 4 for station WGTV-TV\'s assigned DTV channel 22 at Athens,
Georgia. Our staff review indicated that Georgia Public\'s
counterproposal would cause impermissible interference to station
WYFF-TV, DTV channel 4 at Greenville, South Carolina. Therefore, Georgia
Public\'s counterproposal was found to unacceptable for consideration
and was not placed on public notice.

3\. Approximately 5 ½ weeks after the initial comment period closed for
filing counterproposals, Georgia Public filed a \"Motion to Accept
Late-Filed Reply Comments and Reply Comments.\" In its pleading, Georgia
Public seeks permission to submit a late-filed corrective engineering
statement to reflect a counterproposal that will satisfy the
Commission\'s technical criteria. It argues that the Commission
routinely accepts reply comments filed out of time because such
pleadings, even if late, allow the Commission to assemble a full and
adequate record upon which to base a decision in a given proceeding. It
cites [Kimberly, Idaho]{.underline}, 15 FCC Rcd 10298 (2000); [Brunson
Communications, Inc. v. RCN Telecom Services, Inc.]{.underline} 15 FCC
Rcd 12883 (2000); [Appleton, New London and Suring,
Wisconsin]{.underline}, 10 FCC Rcd 7712 (1995); [Wallace, Idaho and
Lolo, Montana]{.underline}, 14 FCC Rcd 21110 (1999); and [Benavides,
Bruni, and Rio Grande City, Texas]{.underline}, 13 FCC Rcd 2096 (1998),
as cases that demonstrate where the Commission as accepted late-filed
comments.

4\. Although Georgia Public attempted to correct the technical
deficiency with its counterproposal by filing a corrected engineering
statement that includes different coordinates, ERP and HAAT, we find
that the amended counterproposal is unacceptable. Counterproposals must
be technically and procedurally correct *when initially filed* and may
not be amended at a later date. [See]{.underline} Section 1.420 of the
Commission Rules; [see]{.underline} [also]{.underline} Broken [Arrow and
Bixby, Oklahoma, and Coffeyville, Kansas]{.underline} 3 FCC Rcd 6507
(1988), [recon.]{.underline} [denied]{.underline} 4 FCC Rcd 6981 (1989);
[Fort Bragg, California]{.underline}, 6 FCC Rcd 5817 (1991); and,
[Detroit, Howe and Jacksboro, Texas]{.underline}, 13 FCC Rcd 15591
(1998). In addition, we disagree with Georgia Public\'s claim that the
Commission routinely accepts late-filed reply comments. To support this
argument, Georgia Public cites various Commission decisions where the
Commission has accepted submissions, accompanied by motions to accept
late-filed pleadings, because their acceptance would provide a more
complete record for resolution for these proceedings. However, we find
that none of these cases are on point, since none of the cases cited by
Georgia Public involve the acceptance of a late-filed amendment
attempting to correct a technically unacceptable counterproposal. As a
result of the technical deficiency inherent in Georgia Public\'s
counterproposal, the counterproposal is rejected.[^3]

5\. We believe the public interest would be served by substituting DTV
channel 4 for DTV 45 since it would permit station WMAZ-TV to reduced
its power utility costs and increase its service area. DTV channel 4 can
be allotted to Macon, Georgia, in compliance with the principle
community coverage requirements of Section 73.625(a) at coordinates
(32-45-10 N. and 83-33-32 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 WMAZ-DT with the
following specifications:

DTV DTV power Antenna DTV Service

[State & City]{.underline} [Channel]{.underline} [(kW)]{.underline}
[HAAT (m)]{.underline} [Pop. (thous.)]{.underline}

GA Macon 4 5.0 238 683

6\. 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 25, 2002, 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]{.underline} [Channel No.]{.underline}

Macon, Georgia 4, 16, 40, 50

7\. IT IS FURTHER ORDERED, That within 45 days of the effective date of
this *[Order]{.underline}*, Gannett Georgia, L.P. shall submit to the
Commission a minor change application for a construction permit (FCC
Form 301) specifying DTV Channel 4 in lieu of DTV Channel 45 for station
WMAZ-TV.

8\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

9\. 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

[^1]: Good News\'s counterproposal was found to be unacceptable for
    consideration and was not place on public notice. Good News\'s
    requests the substitution of DTV channel 45 for station WGNM(TV)\'s
    assigned DTV channel 50 at Macon, Georgia. However, we find that
    Good News\'s request does not fall within the scope of this
    proceeding\'s *[Notice,]{.underline}* because there is no mutual
    exclusivity between the allotment of DTV channel 4 at Macon and Good
    News\'s request to substitute DTV 45 for DTV channel 50 at Macon.

[^2]: Since Good News\'s counterproposal is unacceptable, it\'s
    responsive comments and Gannett\'s need not be considered.

[^3]: Since Georgia Public\'s late-filed reply comments will not be
    considered, Good News and Gannet\'s motions of opposition to accept
    Georgia Public\'s late-filed reply comments are moot.