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 Federal  Communications  Commission  DA  01-  1766 
 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 
 Digit  al  Television  Broadcast  St  at  ions.  ) 
 (Kansas  City,  Missouri)  ) 


 REPORT  AND  ORDER 
 (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,  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  evaluat  ing 
 requests  for  modification  of  initial  DTV  allotments  under  Section  73.623(  c)(  2)  for  Station  KMBC(  TV) 
 with  the  following  specifications: 


 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. 
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 Federal  Communications  Commission  DA  01-  1766 
 2 
 DTV  DTV  power  Antenna  DTV  Service 
 State  &  City  Channel  (kW)  HAAT  (m)  Pop.  (thous.) 
 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  Channel  No. 
 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, 
 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 
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