******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.622(b), ) MM Docket No. 00-68 Table of Allotments, ) RM-9792 Digital Television Broadcast Stations. ) (Norfolk, Virginia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 7, 2000 Released: September 8, 2000 By the Chief, Video Services: 1. At the request of WTKR-TV, Inc. ("WTKR"), licensee of station WTKR-TV, NTSC Channel 3, Norfolk, Virginia, the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 7284 (2000), proposing the substitution of DTV Channel 40 for DTV Channel 58 for TV station WTKR at Norfolk. WTKR filed comments stating its intention to apply for DTV Channel 40, if allotted. No other comments were filed. 2. We believe the public interest would be served by substituting DTV Channel 40 for DTV Channel 58 since it will enable station WTKR to continue to broadcast on its transitional in-core DTV channel after the transition period has ended. DTV Channel 40 can be allotted to Norfolk, Virginia, as proposed in compliance with the principle community coverage requirements of Section 73.625(a) at coordinates (36-48-56 N. and 76-28-00 W.). In addition, we find that this channel is acceptable under the 2 percent criterion for de minimis impact that is applied in evaluating requests for modification of initial DTV allotments under Section 73.623(c)(2) for station WTKR-TV with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) VA Norfolk 40 1000 313 1761 3. 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 October 23, 2000, the DTV Table of Allotments, Section 73.622(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Norfolk, Virginia 38, 40, 46 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, WTKR-TV, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 40 in lieu of DTV Channel 58 for station WTKR- TV at Norfolk, Virginia. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Services Division Mass Media Bureau