Federal Communications Commission DA 13-448 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Reallocation of Channel 3 from Ely, Nevada
to Middletown Township, New Jersey,
Amendment of Section 73.622(i),
Post-Transition Table of DTV Allotments,
Television Broadcast Stations.
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MB Docket No. 13-72
RM-11694
REPORT AND ORDER
(Proceeding Terminated)
Adopted:  March 15, 2013 Released:  March 18, 2013
By the Chief, Media Bureau:
1. On June 15, 2009, PMCM TV, LLC (“PMCM”), the licensee of KVNV(TV), channel 3, 
Ely, Nevada, notified the Commission, pursuant to section 331(a) of the Communications Act of 1934, as 
amended,1 that it wished to reallocate channel 3 from Ely, Nevada to Middletown Township, New 
Jersey.2 The Media Bureau denied PMCM’s Reallocation Request3 and the Commission affirmed the 
Bureau Decision.4 PMCM appealed the Commission Decision to the United States Court of Appeals for 
the District of Columbia (the “Court”), which subsequently reversed the Commission’s denial and 
remanded the matter to the Commission with instructions to approve PMCM’s Reallocation Request.5  
We therefore now approve the reallocation of channel 3 from Ely, Nevada to Middletown Township, New 
Jersey in accordance with the Court’s instructions.  
2. Section 331(a) provides that:
  
1 47 U.S.C. § 331(a) (“section 331(a)”).
2 Letter from Donald J. Evans and Harry F. Cole, Counsel for PMCM TV, LLC, to Marlene H. Dortch, Secretary, 
FCC, Regarding Relocation of Station KVNV(TV), Ely, Nevada (June 15, 2009) (“Reallocation Request”). 
3 PMCM TV, LLC c/o Harry Cole, Esq., 24 FCC Rcd 14588 (MB 2009) (“Bureau Decision”).  
4 Reallocation of Channel 2 from Jackson, Wyoming to Wilmington, Delaware and Reallocation of Channel 3 from 
Ely, Nevada to Middletown Township, New Jersey, Memorandum Opinion and Order, 26 FCC Rcd 13696 (2011) 
(“Commission Decision”).
5 PMCM TV, LLC v. FCC, 701 F.3d 380 (D.C. Cir. Dec. 14, 2012).
Federal Communications Commission DA 13-448 
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Very High Frequency Stations.  It shall be the policy of the Federal Communications 
Commission to allocate channels for very high frequency commercial television 
broadcasting in a manner which ensures that not less than one such channel shall be 
allocated to each State, if technically feasible.  In any case in which [a] licensee of a very 
high frequency commercial television broadcast station notifies the Commission to the 
effect that such licensee will agree to the reallocation of its channel to a community 
within a State in which there is allocated no very high frequency commercial television 
broadcast channel at the time [of] such notification, the Commission shall, 
notwithstanding any other provision of law, order such reallocation and issue a license to 
such licensee for that purpose pursuant to such notification for a term of not to exceed 5 
years as provided in Section 307(d) of the Communications Act of 1934.6
At the time that PMCM notified the Commission of its Reallocation Request, the State of New Jersey did 
not have a VHF commercial channel.7 Furthermore, in support of its Reallocation Request, PMCM 
“emphasizes its commitment to assure the provision of programming of special interest to the community 
of Middletown Township, to all of Monmouth County, and to the rest of northern New Jersey and its 
environs.”8
3. On appeal, the Court determined that Congress intended for section 331(a) to direct “the 
FCC to allocate VHF channels to each state where technically feasible,” and for “the Commission to grant 
any proposed technically feasible reallocation to unserved States.” 9 We conclude that channel 3 can be 
allocated at Middletown, New Jersey as proposed, in compliance with the principle community coverage 
requirements of Section 73.625(a) of the Commission’s rules, at coordinates 40-45-22 N. and 73-59-12 
W.   In addition, we find that this channel meets the technical requirements set forth in Sections 73.616 
and 73.623 of the Commission’s rules for station KVNV(TV) with the following specifications:
City and State Channel Power Antenna HAAT
Service Pop.
(kw) (m) (thous.)
Middletown Township, 3  10                    262                     20,766
New Jersey
4. In addition, the Court held that a reallocation pursuant to section 331(a) “displac[es] the 
normal procedure for channel reallocation as well as the normal procedures for issuing licenses …..”10  
Therefore, the allocation criteria and procedures developed pursuant to section 307(b) of the 
Communications Act, as amended,11 including compliance with the rulemaking procedures of the 
Administrative Procedure Act, do not apply to this proceeding.
  
6 47 U.S.C. § 331(a).
7 The State of New Jersey currently has one commercial VHF channel, which the Commission allotted to the State 
after PMCM submitted its Reallocation Request.  Atlantic City, New Jersey, Report and Order, 25 FCC Rcd 2602 
(Vid. Div. 2010).
8 Reallocation Request at 3.
9 PMCM LLC, TV v. FCC, 701 F.3d at 385.
10 Id. at 9 (citing Multi-State Commc’ns, Inc. v. FCC, 728 F.2d 1519, 1525 (D.C. Cir. 1984), cert. denied, 469 U.S. 
1017 (1984)).
11 47 U.S.C. § 307(b).
Federal Communications Commission DA 13-448 
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5. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) 
and Section 331(a) 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 30 days after 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 communities listed below, to read as follows:
City and State Present Channel Nos. Amended Channel Nos.
Middletown Township, _ _ 3
New Jersey
Ely, Nevada 3 _ _
6. IT IS FURTHER ORDERED, That not later than 45 days of the effective date of this 
Order, PMCM TV, LLC shall submit to the Commission a minor change application for a construction 
permit (FCC Form 301) specifying channel 3 at Middletown Township, New Jersey for station 
KVNV(TV).
7. The Commission will send a copy of this Memorandum Opinion 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. 
9. For further information concerning this proceeding, contact Adrienne Y. Denysyk, Video 
Division, Media Bureau, (202) 418-1600.  
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman 
Chief, Video Division
Media Bureau