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###### Federal Communications Commission

          - 47 CFR Part 73 
          - [DA 01-2868, MM Docket No. 01-334, RM-10343] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Proposed rule. 

# SUMMARY:

                        The Commission requests comments on a petition filed by CBS Broadcasting Inc., licensee of station WFRV-TV, NTSC channel 5, Green Bay, Wisconsin, requesting the substitution of DTV channel 39 for DTV channel 56 at Green Bay. DTV Channel 39 can be allotted to Green Bay, Wisconsin, in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates 44-20-01 N. and 87-58-56 W. However, since Green Bay is located within 400 kilometers of the U.S.-Canadian border, concurrence from the Canadian government must be obtained                               ( print page 66868)                            for this allotment. As requested, we propose to allot DTV Channel 39 to Green Bay with a power of 1000 and a height above average terrain (HAAT) of 364 meters.                     

# DATES:

Comments must be filed on or before February 4, 2002, and reply comments on or before February 19, 2002. 

# 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: Raymond A. White, Assistant General Counsel, CBS Broadcasting Inc., 600 New Hampshire Avenue, Suite 1200, Washington, DC 20037. 

# 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. 01-334, adopted December 13, 2001, and released December 19, 2001. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC, 20554. This document may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, or via-e-mail qualexint@aol.com. 

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 Wisconsin is amended by removing DTV Channel 56 and adding DTV Channel 39 at Green Bay. 

Federal Communications Commission 

Barbara A. Kreisman, 

Chief, Video Services Division, Mass Media Bureau. 

[FR Doc. 01-31831 Filed 12-26-01; 8:45 am] 

BILLING CODE 6712-01-P