**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.606(b), ) MB Docket No. 03-20

Table of Allotments, ) RM-10634

Television Broadcast Stations. )

(Christiansted, Virgin Islands) )

)

)

**[NOTICE OF PROPOSED RULE MAKING]{.underline}**

**Adopted: January 22, 2003 Released: January 29, 2003**

Comment Date: March 24, 2003

Reply Comment Date: April 8, 2003

By the Chief, Video Division:

1\. The Commission has before it a petition for rule making filed by
Virgin Blue, Inc. ("Virgin Blue"), licensee of station WCVI-TV, NTSC
channel 27, Christiansted, Virgin Islands. Virgin Blue requests the
substitution of channel 39 for station WCVI-TV's channel 27.

2\. Virgin Blue seeks to change its analog assignment from channel 27 to
channel 39 in order to avoid interference from station WAPA-DT, channel
27, San Juan, Puerto Rico. Virgin Blue claims that it became aware of
interference caused by WAPA-DT, when over-the-air viewers and the cable
TV system on St. Thomas reported that WCVI's picture was being "knocked
out" completely. Virgin Blue submits that the separation table, pursuant
Section 73.623 of the Commission's rules, requires 273.6 kilometers
between co-channel analog and digital transmitters, however, it states
that WAPA-DT facilities are located only 145.89 kilometers or less than
91 miles from WCVI's transmitter location. Virgin Blue estimates that
the interference from WAPA-DT has reduced the number of potential
viewers by more than 50%. Virgin Blue concedes that WAPA-DT is operating
on a channel, at a location and power level assigned by the Commission,
but seeks to eliminate the strong co-channel interference by changing
its channel.

3\. We believe Virgin Blue\'s proposal warrants consideration. A staff
engineering analysis indicates that channel 39 can be allotted in lieu
of channel 27 to Christiansted, Virgin Islands, with a zero offset
consistent with the minimum distance separation requirements of Sections
73.610 and 73.698 of the Commission\'s Rules. The coordinates for
channel 39 at Christiansted are North Latitude 17-44-53 and West
Longitude 64-43-40.

4\. Accordingly, we seek comments on the proposed amendment of the TV
Table of Allotments, Section 73.606(b) of the Commission\'s Rules, for
the community listed below, to read as follows:

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Christiansted, Virgin Islands 8+, 15, 8+, 15, \*21,

\*21, 27 39

5\. The Commission\'s authority to institute rule making proceedings,
showings required, cut-off procedures, and filing requirements are
contained in the attached Appendix and are incorporated by reference
herein. In particular, we note that a showing of continuing interest is
required by paragraph 2 of the Appendix before a channel will be
allotted.

6\. Interested parties may file comments on or before March 24, 2003,
and reply comments on or before April 8, 2003, and are advised to read
the Appendix for the proper procedures. Comments should be filed with
the Secretary, Federal Communications Commission, Washington, D.C.
20554. Additionally, a copy of such comments should be served on the
petitioner, or its counsel or consultant, as follows:

Victor A. Gold, President

WCVI-TV

PO Box 24027

Christiansted, Virgin Islands 00824

(Petitioner)

7\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the TV Table of Allotments, Section 73.606(b).
[See]{.underline} [Certification That Sections 603 and 604 of the
Regulatory]{.underline} [Flexibility Act Do Not Apply to Rule Making to
Amend Sections 73.202(b), 73.504]{.underline} [and 73.606(b) of the
Commission\'s Rules]{.underline}, 46 FR 11549, February 9, 1981. The
Regulatory Flexibility Act of 1980 would also not apply to rule making
proceedings to amend the DTV Table of Allotments, Section 73.622(b) of
the Commission\'s Rules.

8\. For further information concerning this proceeding, contact Pam
Blumenthal, Media Bureau, (202) 418-1600. For purposes of this
restricted notice and comment rule making proceeding, members of the
public are advised that no [ex parte]{.underline} presentations are
permitted from the time the Commission adopts a Notice of Proposed Rule
Making until the proceeding has been decided and such decision is no
longer subject to reconsideration by the Commission or review by any
court. An [ex parte]{.underline} presentation is not prohibited if
specifically requested by the Commission or staff for the clarification
or adduction of evidence or resolution of issues in the proceeding.
However, any new written information elicited from such a request or a
summary of any new oral information shall be served by the person making
the presentation upon the other parties to the proceeding unless the
Commission specifically waives this service requirement. Any comment
which has not been served on the petitioner constitutes an [ex
parte]{.underline} presentation and shall not be considered in the
proceeding. Any reply comment which has not been served on the person(s)
who filed the comment, to which the reply is directed, constitutes an
[ex parte]{.underline} presentation and shall not be considered in the
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

Attachment: Appendix

[APPENDIX]{.underline}

1\. Pursuant to authority found 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
PROPOSED TO AMEND the DTV Table of Allotments, Section 73.622(b) of the
Commission\'s Rules and Regulations, as set forth in the [Notice of
Proposed Rule Making]{.underline} to which this Appendix is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal(s) discussed in the [Notice of Proposed Rule
Making]{.underline} to which this Appendix is attached. Proponent(s)
will be expected to answer whatever questions are presented in initial
comments. The proponent of a proposed allotment is also expected to file
comments even if it only resubmits or incorporates by reference its
former pleadings. It should also restate its present intention to apply
for the channel if it is allotted and, if authorized, to build a station
promptly. Failure to file may lead to denial of the request.

3\. [Cut-off protection]{.underline}. The following procedures will
govern the consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered, if advanced in initial comments, so that parties may comment
on them in reply comments. They will not be considered if advanced in
reply comments. ([See]{.underline} Section 1.420(d) of the Commission\'s
Rules).

\(b\) With respect to petitions for rule making which conflict with the
proposals in this [Notice]{.underline}, they will be considered as
comments in the proceeding, and Public Notice to this effect will be
given as long as they are filed before the date for filing initial
comments herein. If they are filed later than that, they will not be
considered in connection with the decision in this docket.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel than was requested for any of the communities
involved.

4\. [Comments and Reply Comments; Service]{.underline}. Pursuant to
applicable procedures set out in Sections 1.415 and 1.420 of the
Commission\'s Rules and Regulations, interested parties may file
comments and reply comments on or before the dates set forth in the
[Notice of Proposed Rule Making]{.underline} to which this Appendix is
attached. All submissions by parties to this proceeding or by persons
acting on behalf of such parties must be made in written comments, reply
comments, or other appropriate pleadings. Comments shall be served on
the petitioner by the person filing the comments. Reply comments shall
be served on the person(s) who filed comments to which the reply is
directed. Such comments and reply comments shall be accompanied by a
certificate of service. ([See]{.underline} Section 1.420(a), (b) and (c)
of the Commission\'s Rules.). The Commission permits the electronic
filing of all pleadings and comments in proceeding involving petitions
for rule making (*except in broadcast allotment proceedings*).
[See]{.underline} [Electronic Filing of Documents in Rule Making
Proceedings]{.underline}, GC Docket No. 97-113 (rel. April 6, 1998).
Filings by paper can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S. Postal
Service mail (although we continue to experience delays in receiving
U.S. Postal Service mail). The Commission\'s contractor, Vistronix,
Inc., will receive hand-delivered or messenger-delivered paper filings
for the Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite
110, Washington, D.C. 20002. The filing hours at this location are 8:00
a.m. to 7:00 p.m. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes must be disposed of before entering
the building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express
Mail, and Priority Mail should be addressed to 445 12^th^ Street, SW,
Washington, D.C. 20554. All filings must be addressed to the
Commission\'s Secretary, Office of the Secretary, Federal Communications
Commission, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
Section 1.420 of the Commission\'s Rules and Regulations, an original
and four copies of all comments, reply comments, pleadings, briefs, or
other documents shall be furnished the Commission.

6\. [Public Inspection of Filings]{.underline}. All filings made in this
proceeding will be available for examination by interested parties
during regular business hours in the Commission\'s Reference Center
(Room CY-A257) at its headquarters, 445 12th Street, S.W., Washington,
D.C.