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Post-Transition Table of DTV Allotments, Jackson, WY to Wilmington, DE

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Released: March 18, 2013

Federal Communications Commission

DA 13-450

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
)

Reallocation of Channel 2 from
)
MB Docket No. 13-73
Jackson, Wyoming to Wilmington, Delaware,
)
RM-11695
Amendment of Section 73.622(i),
)
Post-Transition Table of DTV Allotments,
)
Television Broadcast Stations.
)
)

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 KJWY(TV), channel 2,
Jackson, Wyoming, notified the Commission, pursuant to section 331(a) of the Communications Act of
1934, as amended,1 that it agrees to the reallocation of channel 2 from Jackson, Wyoming to Wilmington,
Delaware.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 Commission to approve PMCM’s Reallocation Request.5 We therefore now approve the
reallocation of channel 2 from Jackson, Wyoming to Wilmington, Delaware in accordance with the
Court’s instructions and section 331(a).


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 KJWY(TV), Jackson, Wyoming (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 LLC, TV v. FCC, No. 11-1330, 2012 WL 6216635 (D.C. Cir. Dec. 14, 2012).

Federal Communications Commission

DA 13-450

2. Section 331(a) provides that:
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 Delaware 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 Wilmington, as well as the rest of northern Delaware 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 2 can be
allocated at Wilmington, Delaware as proposed, in compliance with the principle community coverage
requirements of Section 73.625(a) of the Commission’s rules, at coordinates 40-02-30.5 N. and 75-14-
23.3 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 KJWY(TV) with the following specifications:
Channel
Power
Antenna
Service Pop.
City and State
HAAT
(kw)
(m)
(thous.)
Wilmington,

2
10
261
10, 375
Delaware
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 in 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, No. 11-1330, 2012 WL 621663 at 4.
10 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).
2

Federal Communications Commission

DA 13-450

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.
Wilmington, Delaware
*12, 31
3, *12, 31
Jackson, Wyoming
2, 11
11
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 2 at Wilmington, Delaware for station KJWY(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
3

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