Federal Communications Commission DA 08-1495
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Amendment of Section 73.622(i), ) MB Docket No. 08-113
Final DTV Table of Allotments, ) RM-11446
Television Broadcast Stations. )
(Glendive, Montana) )
NOTICE OF PROPOSED RULE MAKING
 Adopted: July 17, 2008 Released:  July 22, 2008
Comment Date:  [30 days after date of publication in the Federal Register]
Reply Comment Date:  [45 days after date of publication in the Federal Register]
By the Chief, Video Division, Media Bureau:
1. The Commission has before it a petition for rulemaking filed by Glendive Broadcasting 
Corp. (Glendive), the licensee of KXGN-TV, analog channel 5, and permittee of station KXGN-DT, DTV 
channel 10, Glendive, Montana.1  Glendive requests the substitution of DTV channel 5 for channel 10 at 
Glendive.
2. The station was initially assigned channel 15 as its paired digital channel, and at Glendives 
request, the Commission substituted DTV channel 10 for channel 15.2 Thereafter, Glendive received its 
initial maximized construction permit for channel 10.3 Glendive, however, has not been able to build and 
operate its maximized DTV facility on channel 10 given the stations financial hardship,4 and states that 
based upon estimates it has received, the cost of constructing its full-power channel 10 DTV facility is well 
beyond its present financial reach.  Glendive further states that while the station continues to face significant 
financial hardship, it believes that it will be able to successfully transition to digital if it is able to flash-cut 
on its current analog channel, channel 5, and has confirmed that the station will be able to utilize the 
existing antenna and related equipment for digital operations on channel 5, with full replication of its 
current analog service area.
3. We believe that Glendives proposal warrants consideration.  DTV channel 5 can be 
substituted for DTV channel 10 at Glendive, Montana as proposed, in compliance with the principle 
community coverage requirements of Section 73.625(a) of the Commissions rules,5 at coordinates 47-02-39 
 
1 At the staffs request, Glendive filed a supplement to its petition on July 11, 2008.
2 See Amendment of Section 73.606(b), Table of Allotments (Glendive, Montana), 19 FCC Rcd 19445 (MB 2004).
3 File No. BPCDT-20041230ABJ).
4 KXGN-TV is the only station located in the Glendive, Montana DMA, which is ranked by Nielsen Media 
Research as market 210 out of 210.  According to Glendive, the station, along with a network of television translator 
stations, reaches approximately 10,000 television households.  Glendive has obtained extensions of its DTV 
construction deadlines based on financial hardship.  See, e.g., DTV Build-Out; Applications Requesting Extension of 
the Digital Television Construction Deadline, Order, 22 FCC Rcd 9789, 9801 (2007).5
47 C.F.R.  73.625(a).
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N. and 104-40-52.5 W.  Since the proposed facility is within the Canadian coordination zone, concurrence 
from the Canadian government must be obtained for the allotment.  In addition, we find that this channel 
change meets the technical requirements set forth in Sections 73.616 and 73.623 of the Commissions rules.6
We propose to substitute DTV channel 5 for DTV channel 10 for station KXGN-DT at Glendive with the 
following specifications:
State and City DTV Channel DTV Power (kW) Antenna HAAT (m)
Glendive, Montana 5 1.0 152.4
4. Accordingly, we seek comments on the proposed amendment of the DTV Table of 
Allotments, Section 73.622(i) of the Commissions rules,7 for the community listed below, to read as 
follows:
Channel No.
City and State Present Proposed
Glendive, Montana 10 5
5. The Commissions 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 addition, when the Commission lifted the freeze on the filing of DTV maximization 
applications and petitions for digital channel substitutions,8 it announced that until the end of the statutory 
DTV transition on February 17, 2009, mutually-exclusive applicants would be provided a 30-day period of 
time, from the date of a public notice identifying mutually-exclusive proposals, to resolve their mutual-
exclusivity via engineering amendment or settlement, rather than the 90-day period afforded by Section 
73.623(h) of the rules.9 Similarly, we will also shorten the settlement period for rulemaking petitions and 
mutually-exclusive maximization applications.  If we receive a maximization application on or before the 
date for filing initial comments in this proceeding, which proposes a facility which is mutually-exclusive 
with the proposal set forth herein, we will issue a public notice and the parties will have 30 days within 
which to resolve their mutual-exclusivity.  If the parties resolve their mutual-exclusivity, we will complete 
the rulemaking process by issuing the appropriate order.  If the parties are unable to resolve their mutual-
exclusivity, we will terminate this proceeding and dismiss the maximization application.
6. Pursuant to Sections 1.415 and 1.419 of the Commissions rules, interested parties may file 
comments on or before [30 days after publication in the Federal Register] and reply comments on or before 
[45 days after publication in the Federal Register], and are advised to read the Appendix for the proper 
procedures.  Comments should be filed with the Federal Communications Commission, Office of the 
Secretary, 445 12th Street, S.W., TW-A325, Washington, D.C. 20554.  Additionally, a copy of such 
comments should be served on the petitioner, or its counsel or consultant, as follows:
 
6 47 C.F.R.  73.616, 73.623.
7 47 C.F.R.  73.622(i).
8 See Commission Lifts the Freeze on the Filing of Maximization Applications and Petitions for Digital Channel 
Substitutions, Effective Immediately, DA 08-1213 (released May 30, 2008).
9 47 C.F.R.  73.623(h)(3).
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David D. Oxenford, Esq.
Davis Wright Tremaine LLP
1919 Pennsylvania Avenue, N.W.
Suite 200
Washington, D.C.  20006
7. Parties must file an original and four copies of each filing.  Filings 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 Commissions 
contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the 
Commissions 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 or Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, Maryland 20743.  U.S. Postal Service first-class mail, Express Mail, and Priority 
Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. All filings must be addressed 
to Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the Secretary.  Any filing 
that is not addressed to the Office of the Secretary will be treated as filed on the day it is received in the 
Office of the Secretary.10 Accordingly, failure to follow the specified requirements may result in the 
treatment of a filing as untimely.
8. The Commission has determined that the relevant provisions of the Regulatory Flexibility 
Act of 1980 do not apply to a rule making proceeding to amend the DTV Table of Allotments, Section 
73.622(i).   This document does not contain proposed information collection requirements subject to the 
Paperwork Reduction Act of 1995, Public Law 104-13.   In addition, therefore, it does not contain any 
proposed information collection burden for small business concerns with fewer than 25 employees, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,  3506(c)(4). 
9. For further information concerning the proceeding listed above, contact Joyce L. Bernstein, 
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 presentations are permitted from the time the 
Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such 
decision in the applicable docket is no longer subject to reconsideration by the Commission or review by 
any court.  An ex parte 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 any summary of any new information shall be served by 
the person making the presentation upon the other parties to the proceeding in a particular docket unless the 
Commission specifically waives this service requirement.  Any comment which has not been served on the 
 
10 See 47 C.F.R.  1.7.
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10. petitioner constitutes an ex parte 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 presentation and shall not be considered in the 
proceeding.  
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman 
Chief, Video Division
Media Bureau
Federal Communications Commission DA 08-1495
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APPENDIX
1. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and (r), and 307(b) 
of the Communications Act of 1934, as amended, and 47 C.F.R. Sections 0.61, 0.204(b) and 0.283, IT IS 
PROPOSED TO AMEND the DTV Table of Allotments, 47 C.F.R. Section 73.622(i), as set forth in the 
Notice of Proposed Rule Making to which this Appendix is attached.
2. Showings Required.  Comments are invited on the proposal(s) discussed in the Notice of 
Proposed Rule Making 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.  The following procedures will govern the consideration of the 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 Section 1.420(d) of the Commissions Rules.)  Because 
the Commission has not yet lifted its freeze on the filing of petitions for rulemaking to establish new 
DTV channel allotments and for changes in community of license,11 we will not consider 
counterproposals which propose new allotments or changes in community of license.
(b)  With respect to petitions for rule making which conflict with the proposal in this 
Notice, 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.  Pursuant to applicable procedures set out in 
47 C.F.R. Sections 1.415 and 1.420, interested parties may file comments and reply comments on or 
before the dates set forth in the Notice of Proposed Rule Making 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.  The person filing the comments shall 
serve comments on the petitioners.  Reply comments shall be served on the person(s) who filed 
comments to which the reply is directed. A certificate of service shall accompany such comments and 
reply comments (see 47 C.F.R. Section 1.420(a), (b) and (c)).  Comments should be filed with the 
Secretary, Federal Communications Commission, Washington, D.C. 20554.
5. Number of Copies.  In accordance with the provisions of 47 C.F.R. Section 1.420, an 
original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be 
 
11  See Public Notice, Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area 
Changes, 19 FCC Rcd 14810 (MB 2004).
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furnished the Commission.  An electronic copy should also be sent to joyce.bernstein@fcc.gov. 
6. Public Inspection of Filings.  All filings made in this proceeding will be available for 
examination by interested parties during regular business hours in the Commissions Reference 
Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C. 20554.