02-7977. Digital Television Broadcast Service; Rutland, VT

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

The Commission requests comments on a petition filed by Vermont ETV, Inc., licensee of noncommercial educational station WVER(TV), NTSC channel^* 28, Rutland, Vermont, requesting the substitution of DTV channel^* 9 for station WVER(TV)'s assigned DTV channel^* 56. DTV Channel^* 9 can be allotted to Rutland, Vermont, in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates (43-39-32 N. and 73-06-25 W.). However, since the community of Rutland is located 400 kilometers from the U.S.-Canadian border, concurrence from the Canadian must be obtained for this allotment. As requested, we propose to allot DTV Channel^* 9 to Rutland with a power of 30 and a height above average terrain (HAAT) of 411 meters.

DATES:

Comments must be filed on or before May 23, 2002, and reply comments on or before June 7, 2002.

ADDRESSES:

Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: Jonathan D. Blake, Covington & Burling, 1201 Pennsylvania Avenue, NW, P.O. Box 7566, Washington, DC 20044-7566 (Counsel for Vermont ETV, Inc.).

FOR FURTHER INFORMATION CONTACT:

Pam Blumenthal, Media Bureau, [phone].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 02-66, adopted March 25, 2002, and released April 1, 2002. 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 [phone], facsimile 202-863-2898, or via-e-mail [e-mail].

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

• Television
• Digital television broadcasting

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

PART 73—TELEVISION BROADCAST SERVICES

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

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

§ 73.622

[Amended]

2. Section 73.622(b), the Table of Digital Television Allotments under Vermont is amended by removing DTV Channel *56 and adding DTV Channel *9 at Rutland.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Division, Media Bureau.