Federal Communications Commission DA 09-1225 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.622(i), ) MB Docket No. 08-129 Final DTV Table of Allotments, ) RM-11461 Television Broadcast Stations. ) (Spokane, Washington) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 29, 2009 Released: June 1, 2009 By the Chief, Video Division, Media Bureau: 1. The Commission has before it a Notice of Proposed Rulemaking1 issued in response to a petition for rulemaking filed by KHQ, Incorporated (“KHQ”), the licensee of station KHQ-DT, DTV channel 7, Spokane, Washington, and a related petition for rulemaking filed by Spokane School District #81 (“Spokane School District”), the licensee of noncommercial educational station KSPS-DT, DTV channel *8, Spokane, Washington. KHQ requests the substitution of DTV channel 15 for its assigned DTV channel 7, Spokane, and the Spokane School District requests the substitution of DTV channel *7, its current analog channel, for its assigned DTV channel *8, Spokane. KHQ and the Spokane School District filed comments in support. No other comments were received. 2. We believe the public interest would be served by substituting DTV channel 15 for DTV channel 7, and DTV channel *7 for DTV channel *8. KHQ-DT’s proposed move to DTV channel 15 will permit it to construct a maximized facility, which it cannot do on its assigned DTV channel 7. KSPS-DT’s proposed move to channel *7 will allow it to reach more persons than it currently reaches on its analog channel; will cause it to receive less first harmonic interference with co-located FM translators; and will permit it to broadcast digitally on a channel that is fully-spaced to all Canadian stations and allotments. 3. DTV channel 15 can be substituted for DTV channel 7, and DTV channel *7 can be substituted for DTV channel *8, at Spokane, Washington, as proposed, in compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s rules,2 at coordinates coordinates 47-34-52 N. and 117-17-47 W., and at coordinates 47-34-34 N. and 117-17-58 W. Since station KHQ-DT’s proposed facility is located within the Canadian coordination zone, concurrence from the Canadian government has been obtained for this allotment. The channel change further meets the technical 1 Spokane, Washington, 23 FCC Rcd 11123 (Vid. Div. 2008). 2 47 C.F.R. § 73.625(a). Federal Communications Commission DA 09-1225 2 requirements set forth in Sections 73.616 and 73.623 of the Commission’s rules3 with the following specifications: City and State DTV Channel DTV Power Antenna HAAT DTV Service Pop. (kW) (meters) (Thous.) Spokane, Washington 15 1,000 653 679 Spokane, Washington *7 45.1 558 679 4. We also conclude that good cause exists to make this channel change effective immediately upon publication in the Federal Register, pursuant to Section 553(d)(3) of the Administrative Procedures Act.4 An expedited effective date is necessary in this case to ensure that stations KHQ-DT and KSPS-DT can provide improved service to the market as quickly as possible. 5. 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 immediately upon the date of publication of this Report and Order in the Federal Register, the DTV Table of Allotments, Section 73.622(i) of the Commission’s rules, IS AMENDED, with respect to the community listed below, to read as follows: City and State Channel No. Spokane, Washington *7, 13, 15, 20, 28, 34, 36 6. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, KHQ, Incorporated, and the Spokane School District #81 shall submit to the Commission minor change applications for a construction permit (FCC Form 301 or 340) specifying DTV channel 15 in lieu of DTV channel 7, and DTV channel *7 in lieu of DTV channel *8 for post-transition use. 7. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 347 C.F.R. §§ 73.616, 73.622(f)(5), and 73.623. 4 5 U.S.C. § 553(d)(3). Federal Communications Commission DA 09-1225 3 9. For further information concerning the proceeding listed above, contact David J. Brown, Media Bureau, (202) 418-1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau