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WEPX-TV, Greenville, North Carolina

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Released: July 30, 2012

Federal Communications Commission

DA 12-1208

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
Amendment of Section 73.622(i),
)
MB Docket No. 12-130
Post-Transition Table of DTV Allotments,
)
RM-11662
Television Broadcast Stations.
)
(Greenville, North Carolina)
)

REPORT AND ORDER

(Proceeding Terminated)

Adopted: July 27, 2012

Released: July 30, 2012

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 ION Media Greenville License, Inc. (“ION”), the licensee of WEPX-TV,
channel 51, Greenville, North Carolina. ION requests the substitution of channel 26 for channel 51 at
Greenville. ION filed comments reaffirming its interest in the proposed channel substitution. No other
comments were received.
2.
We believe the public interest will be served by substituting channel 26 for channel 51 at
Greenville. While the Commission instituted a freeze on the acceptance of rulemaking petitions by full
power television stations requesting channel substitutions in May 2011,2 it subsequently announced that it
would lift the freeze to accept petitions for rulemaking filed by full power television stations seeking to
relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block
licensees.3 In addition, according to ION, the proposed facility will increase the net total population served
by the station by almost 100,000 persons.4
3.
Channel 26 can be substituted for channel 51 at Greenville, North Carolina as proposed, in

1 Greenville, North Carolina, DA 12-815 (Vid. Div. rel. May 25, 2012).
2 Freeze on the Filing of Petitions for Digital Channel Substitutions, Effective Immediately, Public Notice, 26 FCC
Rcd 7721 (MB 2011).
3 General Freeze on the Filing and Processing of Applications for Channel 51 Effective Immediately and Sixty (60)
Day Amendment Window for Pending Channel 51 Low Power Television, TV Translator and Class A Applications
,
Public Notice, 26 FCC Rcd 11409 (MB 2011). In its rulemaking petition, ION stated that it was entering into a
voluntary relocation agreement with Lower 700 MHZ A Block licensees. ION Petition for Rulemaking at n.2.
4 ION Petition for Rulemaking at n.2.

Federal Communications Commission

DA 12-1208

compliance with the principal community coverage requirements of Section 73.625(a) of the Commission’s
rules, at coordinates 35-24-09 N. and 77-25-10 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 rules with the following
specifications:
City and State
Channel
Power
Antenna HAAT
Service Pop.
(kW)
(meters)
(thous.)

Greenville, North Carolina
26
278
141
738
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.5 An expedited effective date is necessary in this case to ensure that station WEPX-TV can promptly
vacate channel 51 to make way for new wireless service by Lower 700 MHz A Block licensees.
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 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.
Greenville, North Carolina
10, *23, 26, 47
6.
IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, ION
Media Greenville License, Inc. shall submit to the Commission a minor change application for a
construction permit (FCC Form 301) specifying channel 26 in lieu of channel 51.
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.
9.
For further information concerning the proceeding listed above, contact Joyce L. Bernstein,
Media Bureau, (202) 418-1647.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau

5 5 U.S.C. § 553(d)(3).
2

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