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Post-Transition Table of DTV Allotments, South Bend, Indiana

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Released: March 19, 2014

Federal Communications Commission

DA 14-363

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Amendment of Section 73.622(i),
)
MB Docket No. 14-1
Post-Transition Table of DTV Allotments,
)
RM-11710
Television Broadcast Stations.
)
(South Bend, Indiana)
)

REPORT AND ORDER

(Proceeding Terminated)

Adopted: March 19, 2014

Released: March 19, 2014

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 LeSEA Broadcasting of South Bend, Inc. (“LeSEA”),2 the licensee of station WHME-TV,
channel 48, South Bend, Indiana.3 Previously, on March 2, 2010, the Commission substituted channel 46 for
channel 48 at LeSEA’s request.4 LeSEA now seeks to return to its previously allotted channel 48 at South Bend.
2.
LeSEA filed comments reaffirming its interest in the proposed channel substitution. LeSEA re-
states that it believes that “grant of this reallotment would serve the public interest by allowing LeSEA to
continue to operate its currently licensed facilities and to channel the monies it would have spent building out
channel 46 facilities into its current service.”5 LeSEA also notes that this channel substitution "can and would be
done in conformity with WHME-TV’s current licensed parameters which have already been approved by the
Commission.”6
3.
We believe that the public interest will be served by substituting channel 48 for channel 46 at South
Bend, Indiana for the reasons stated by LeSEA in its petition and comments. Channel 48 can be substituted for
channel 46 at South Bend as proposed and in compliance with the principal community coverage requirements of
Section 73.625(a) of the Commission’s rules at coordinates 41-35-43 N. and 86-09-38 W. In addition, we find that
this channel change meets the technical requirements set forth in sections 73.616 and 73.623 of the Commission’s

1 South Bend, Indiana, Notice of Proposed Rulemaking, DA 14-26 (Vid. Div. rel. Jan. 9, 2014) (granted waiver of the
Commission’s freeze on the filing of petitions for rulemaking by television stations seeking a channel substitution, Freeze on the
Filing of Petitions for Digital Channel Substitutions
, Public Notice, 26 FCC Rcd 7721 (MB 2011)).
2 LeSEA Petition for Rulemaking (filed Oct. 25, 2013) (“LeSEA Petition”).
3LeSEA was originally assigned channel 48 at South Bend in the Post-Transition Table of DTV Allotments and continues to
operate on that channel. LeSEA Petition at n.1.
4 South Bend, Indiana, Report and Order, 24 FCC Rcd 5731 (2009). LeSEA’s channel 46 construction permit expired on
March 8, 2014, and the station is currently operating on channel 48 pursuant to a Special Temporary Authorization (FCC File
No. BLDSTA-20140219AAG (granted Feb. 25, 2014)).
5 LeSEA Comments at 2 (filed Feb. 19, 2014).
6 Id.

Federal Communications Commission

DA 14-363

rules with the following specifications:
City and State
Channel
Power
Antenna HAAT
Service Pop.
(kW)
(meters)
(thous.)
South Bend, Indiana
48
300
295
1,242
4.
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 30 days after the date of publication of this Report and Order in the Federal
Register, the Post-Transition Table of DTV 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 Nos.
South Bend, Indiana
22, *35, 42, 48
5.
IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, LeSEA
Broadcasting of South Bend, Inc. shall submit to the Commission a minor change application for a construction
permit (FCC Form 301) specifying channel 48 in lieu of channel 46.
6.
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).
7.
IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
8.
For further information concerning the proceeding listed above, contact Adrienne Y. Denysyk,
Media Bureau, (202) 418-2651.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau
2

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