**DA 08-2047** **Released: September 5, 2008**

1800E3-JLB

Barrington Amarillo License LLC

c/o Jennifer A. Johnson, Esq.

Covington & Burling LLP

1201 Pennsylvania Avenue, N.W.

Washington, D.C. 20004-2401

Re: KVIH-DT, Clovis, New Mexico

File No. BPRM-20080602AOB

Facility ID No. 178260

Dear Licensee:

This is with respect to the above-referenced petition for rulemaking
filed by Barrington Amarillo License LLC ("Barrington"), the licensee of
station KVIH-TV (ABC), analog channel 12, and permittee of KVIH-DT, DTV
channel 20, Clovis, New Mexico.[^1] Barrington requests the substitution
of its present analog channel, channel 12, as its DTV channel for
post-transition use at Clovis.

In support of its channel substitution request, Barrington states that
because of tower loading concerns and the need to remove the existing
analog channel 12 antenna from the tower prior to commencing
construction of the final channel 20 digital facility, it estimates that
it will take between 90 and 120 days to complete construction of its
authorized channel 20 facility. According to Barrington, during the 90
to 120 day time period necessary for construction of the channel 20
post-transition facility, the station's only service to its community of
license would be via its present 0.26 kW DTV facility.[^2] Barrington
asserts that the switch to digital service on channel 12 would involve
only one night of disruption in analog service and thus, the requested
channel substitution would allow it to avoid a significant disruption of
service to existing viewers.[^3]

Our engineering analysis shows that Barrington's channel substitution
proposal would result in a loss of over-the-air television service to
11.81% of the population within the noise limited contour of its
Appendix B facility.[^4] It is well settled that the Commission
considers losses of television service to existing viewers to be *prima
facie* inconsistent with the public interest.[^5] We believe that the
temporary loss of ABC service to those viewers who do not currently
receive service from the station's 0.26 kW DTV facility for a period of
up to four months, is preferable to the permanent loss of ABC service to
approximately 10,000 persons who currently reside within the Grade B
contour of KVIH-TV and the noise limited contour of the presently
authorized facilities of KVIH-DT on channel 20.[^6] Based upon this
significant loss of over-the-air television service, we conclude that
the proposed channel substitution fails to serve the public interest,
convenience and necessity and accordingly, does not warrant further
consideration.

In view of the foregoing, the above-referenced petition for rulemaking
filed by Barrington Amarillo License LLC IS HEREBY DISMISSED.

Sincerely,

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: KVIH-TV is a satellite of station KVII(TV), Amarillo, Texas.

[^2]: *See* File No. BDSTA-20020411ABG.

[^3]: Barrington also states that it would be able to reuse its existing
    channel 12 antenna and transmission line.

[^4]: The station's Appendix B facility does not fully replicate the
    Grade B service area of KVIH-TV. Thus, the number digital facility
    on channel 12, is probably higher.

[^5]: *See* Third Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television, MB Docket No.
    07-91*, Report and Order*, 23 FCC Rcd 2994, n.317 (2007).

[^6]: While Barrington did not provide an analysis of other over-the-air
    television services that would be available to viewers in the
    proposed loss area, it appears that most of the viewers in the
    proposed loss area would no longer receive any over-the-air ABC
    network service.