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###### Federal Communications Commission

          - 47 CFR Part 73 
          - [DA 00-2677, MM Docket No. 00-242, RM-9998] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Proposed rule. 

# SUMMARY:

The Commission requests comments on a petition filed by Withers Broadcasting Company of West Virginia, licensee of station WDTV-TV, NTSC channel 5, Weston, West Virginia, requesting the substitution of DTV channel 6 for station WDTV-TV's assigned DTV channel 58. DTV Channel 6 can be allotted to Weston, West Virginia, in compliance with the principal community coverage requirements of Section 73.625(a) at reference coordinates (39-04-29 N. and 80-25-28 W.). As requested, we propose to allot DTV Channel 6 to Weston with a power of 10 and a height above average terrain (HAAT) of 253 meters. 

# DATES:

Comments must be filed on or before January 22, 2001, and reply comments on or before February 6, 2001. 

# ADDRESSES:

Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: M. Scott Johnson, Lee G. Petro, Gardner, Carton & Douglas, 1301 K Street, NW., Suite 900, East Tower, Washington, DC 20005 (Counsel for Withers Broadcasting Company of West Virginia). 

# FOR FURTHER INFORMATION CONTACT:

Pam Blumenthal, Mass Media Bureau, (202) 418-1600. 

# SUPPLEMENTARY INFORMATION:

                    This is a synopsis of the Commission's Notice of Proposed Rule Making, MM Docket No. 00-242, adopted November 30, 2000, and released December 1, 2000. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Center 445 12th Street, SW., Washington, DC. The complete                           ( print page 76207)                        text of this decision may also be purchased from the Commission's copy contractor, International Transcription Services, Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.                 

Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. 

                    Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all                     *ex parte*                     contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible                     *ex parte*                     contacts.                 

For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. 

# List of Subjects in 47 CFR Part 73

      - Television
      - Digital television broadcasting

For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: 

# PART 73—TELEVISION BROADCAST SERVICES 

1. The authority citation for part 73 continues to read as follows: 

Authority:47 U.S.C. 154, 303, 334, and 336. 

§ 73.622 

2. Section 73.622(b), the Table of Digital Television Allotments under West Virginia is amended by removing DTV Channel 58 and adding DTV Channel 6 at Weston. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Services Division, Mass Media Bureau. 

[FR Doc. 00-30973 Filed 12-5-00; 8:45 am] 

BILLING CODE 6712-01-P