**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.622(b), ) MM Docket No. 00-116

Table of Allotments, ) RM-9877

Digital Television Broadcast Stations. )

(Kansas City, Missouri) )

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

**(Proceeding Terminated)**

**Adopted: July 24, 2001 Released: July 27, 2001**

By the Chief, Video Services Division:

1\. At the request of KMBC Hearst-Argyle Television (\"KMBC\"), licensee
of station KMBC(TV), NTSC channel 9, Kansas City, Missouri, the
Commission has before it the [Notice of Proposed Rule
Making]{.underline}, 15 FCC Rcd 11341 (2000), proposing the substitution
of DTV channel 7 for station KMBC(TV)\'s assigned DTV channel 14. KMBC
filed comments. Saga Quad States Communications, Inc. (\"Saga\"),
licensee of station KOAM-TV, DTV channel 30, Pittsburg, Kansas, filed
comments styled as a counterproposal.[^1] KMBC and Saga filed reply
comments.

2\. We believe the public interest would be served by adopting the
KMBC\'s proposal to substitute DTV channel 7 for DTV 14 since it would
enable station KMBC(TV) to eliminate the potential adverse impact on
nearby land mobile facilities. DTV channel 7 can be allotted to Kansas
City, Missouri, as proposed, in compliance with the principle community
coverage requirements of Section 73.625(a) at coordinates (39-05-01 N.
and 94-30-57 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 KMBC(TV) with the following
specifications:

DTV DTV power Antenna DTV Service

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

MO Kansas City 7 115 357 2086

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 September 10, 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]{.underline} [Channel No.]{.underline}

Kansas City, Missouri 7, \*18, 24,

31, 34, 42c,

47, 51c

4\. IT IS FURTHER ORDERED, That within 45 days of the effective date of
this *[Order]{.underline}*, KMBC Hearst-Argyle Television shall submit
to the Commission a minor change application for a construction permit
(FCC Form 301) specifying DTV Channel 14 in lieu of DTV Channel 7 for
station.

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

[^1]: Saga filed comments styled as a counterproposal, stating that
    there are 6 potential television channels that could be allotted to
    Kansas City in lieu of channel 14. Saga alleges that KMBC\'s
    proposal to use DTV channel 7 at Kansas City would adversely impacts
    Saga\'s future use of channel 7 for DTV at Pittsburg, Kansas. It
    suggests that the rule making should be dismissed without prejudice
    subject to later filing if Saga elects not to use channel 7 at
    Pittsburg. We find that Saga\'s request is not an acceptable
    counterproposal. Counterproposals must be technically and
    procedurally correct when filed. Saga failed to include a technical
    showing with specific site coordinates indicating that the proposed
    channels could be allotted in compliance with the Commission\'s
    Rules. In addition, Saga did not filed a bona fide expression of
    interest to use DTV channel 7 at Pittsburg, but rather, requests the
    Commission to delay and/or dismiss KMBC\'s proposal until some
    future date when Saga decides if it is desirous of using channel 7
    as it permanent DTV channel in Pittsburg, Kansas. We also note that
    Saga has filed a petition for rule making , dated December 12, 2000,
    requesting the substitution of DTV channel 13 for station KOAM-TV
    assigned DTV channel 30 at Pittsburg. Since Saga\'s
    \"counterproposal\" is unacceptable, we need not address KMBC\'s
    responsive comments.