**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.622(i), ) MB Docket No. 08-109

Final DTV Table of Allotments, ) RM-11452

Television Broadcast Stations. )

(Sioux City, Iowa) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: October 7, 2008 Released: October17, 2008**

By the Chief, Video Division, Media Bureau:

1.  The Commission has before it a Notice of Proposed Rulemaking[^1]
    issued in response to a petition for rulemaking filed by KPTH
    License, LLC (KPTH), the licensee of KPTH-DT, pre-transition digital
    channel 49, and assignee of post-transition digital channel 44,
    Sioux City, Iowa, requesting the substitution of channel 49 for
    post-transition digital channel 44 at Sioux City. KPTH filed
    comments. No other comments were received.

2.  We believe the public interest would be served by substituting DTV
    channel 49 for DTV channel 44 at Sioux City. This channel
    substitution will enable KPTH to expedite operation of a
    post-transition DTV facility because it has completed construction
    of the DTV channel 49 facility, is currently operating on DTV
    channel 49, and has a pending license application for pre-transition
    digital operation on channel 49.[^2] Furthermore, we find that
    allowing KPTH-DT to remain on DTV channel 49 post-transition would
    comply with the Commission's technical rules and would result in a
    substantial cost savings for KPTH.

3.  DTV channel 49 can be substituted for DTV channel 44 at Sioux City,
    Iowa as proposed, in compliance with the principal community
    coverage requirements of Section 73.625(a) of the Commission's
    rules, at coordinates 42-35-12 N. and 96-13-18 W. In addition, we
    find that this channel change meets the technical requirements set
    forth in Sections 73.616 and 73.623 of the Commission's rules with
    the following specifications:

    City and State DTV Channel DTV Power Antenna HAAT DTV Service Pop.
    (kw) (meters) (thous.)

Sioux City, Iowa 49 1000 588 558

4.  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 30 days after the
    date of publication of this Report and Order in the Federal
    Register, the DTV Table of Allotments, Section 73.622(i) of the
    Commission's rules, IS AMENDED, with respect to the community listed
    below, to read as follows:

    [City and State]{.underline} [Channel No.]{.underline}

    Sioux City, Iowa 9, \*28, 39, 41, 49

5.  IT IS FURTHER ORDERED, That within 45 days of the effective date of
    this Order, KPTH License, LLC shall submit to the Commission a minor
    change application for a construction permit (FCC Form 301)
    specifying DTV channel 49 in lieu of DTV channel 44.

6.  The Commission will send a copy of this Report and Order in a report
    to be sent to Congress and the Government Accountability Office
    pursuant to the Congressional Review Act, *see* 5 U.S.C. §
    801(a)(1)(A).

7.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

8.  For further information concerning the proceeding listed above,
    contact Shaun A. Maher, Media Bureau, (202) 418-1600.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: *Sioux City, Iowa*, DA 08-1490 (released July 11, 2008).

[^2]: File No. BLCDT-20061214ABC.