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###### Federal Communications Commission

          - 47 CFR Part 73 
          - [DA 01-1337, MM Docket No. 01-116, RM-10069] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Proposed rule. 

# SUMMARY:

The Commission requests comments on a petition filed by Duluth-Superior Area Educational Television Corporation, an applicant for a construction permit for a new noncommercial educational television station to operate on NTSC channel *18-at Hibbing. Duluth-Superior requests the replacement of DTV channel *31 for NTSC channel *18-at Hibbing. DTV Channel *31 can be allotted to Hibbing, Minnesota, in compliance with Sections 73.622(a) and 73.623(c) of the Commission's criteria as set forth in the Public Notice, released November 22, 1999, DA 99-2605. DTV channel *31 can be allotted at reference coordinates (47-22-53 N. and 92-57-15 W.) with a power of 500, a height above average terrain HAAT of 211 meters and with a DTV service population of thousand. However, since the community of Hibbing is located within 400 kilometers of the U.S.-Canadian border, concurrence by the Canadian government must be obtained for this proposal. 

# DATES:

Comments must be filed on or before July 30, 2001, and reply comments on or before August 14, 2001. 

# ADDRESSES:

                        Federal Communications Commission, 445 12th Street, SW.,                               ( print page 32297)                            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: Marcia Cranberg, Arnold & Porter, 555 Twelfth Street, NW., Washington, DC 20004-1202 (Counsel for Duluth-Superior Area Educational Television Corporation).                     

# 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. 01-116, adopted June 6, 2001, and released June 7, 2001. 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 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
      - Television
      - 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. 

§ 73.606

2. Section 73.606(b), the Table of Television Allotments under Minnesota is amended by removing Channel *18-at Hibbing. 

§ 73.622

3. Section 73.622(b), the Table of Digital Television Allotments under Minnesota, is amended by adding DTV channel *31-at Hibbing. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Services Division, Mass Media Bureau. 

[FR Doc. 01-14933 Filed 6-13-01; 8:45 am] 

BILLING CODE 6712-01-U