[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Proposed Rules]
[Pages 66394-66395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29467]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 03-3644, MB Docket No. 03-234, RM-10698]


Digital Television Broadcast Service; Fargo, ND

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a petition filed by North 
Dakota Television License Sub, LLC, licensee of station KVLY-go, North 
Dakota, proposing the substitution of DTV channel 44 for DTV channel 
58. DTV Channel 44 can be allotted to Fargo at reference coordinates 
47-20-32 N. and 97-17-20 W. with a power of 414, a height above average 
terrain HAAT of 543 meters. Since the community of Fargo is within 400 
kilometers of the U.S.-Canadian border, concurrence from the Canadian 
government must be obtained for this allotment.

DATES: Comments must be filed on or before January 5, 2004, and reply 
comments on or before January 20, 2004.

ADDRESSES: The Commission permits the electronic filing of all 
pleadings and comments in proceeding involving petitions for rule 
making (except in broadcast allotment proceedings). See

[[Page 66395]]

Electronic Filing of Documents in Rule Making Proceedings, GC Docket 
No. 97-113 (rel. April 6, 1998). Filings by paper can be sent by hand 
or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. The Commission's 
contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: Andrew 
S. Kersting, Dickstein, Shapiro, Morin & Oshinsky, LLP, 2101 L Street, 
NW., Washington, DC 20037-1526 (Counsel for North Dakota Television 
Sub, LLC).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Media Bureau, (202) 
418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 03-234, adopted November 
6, 2003, and released November 14, 2003. The full text of this document 
is available for public inspection and copying during regular business 
hours in the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC 20554. This document may also 
be purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, 
or via e-mail [email protected].
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Digital television broadcasting, Television.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec.  73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under North Dakota is amended by removing DTV channel 58 and adding DTV 
channel 44 at Fargo.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 03-29467 Filed 11-25-03; 8:45 am]
BILLING CODE 6712-01-P