FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,829
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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:
City and State Channel Power Antenna Service Pop.
(kw) (m) (thous.)
Wilmington, 2 10 261 10, 375
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 ....."o
Therefore, the allocation criteria and procedures developed pursuant in section 307(b) of the
Communications Act, as amended," 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 Delaware currently has one commercial VHF channel, which the Commission allotted to the State
after PMCM submitted its Reallocation Request. Seaford, Delaware, Report and Order, 25 FCC Red 4466 (Vid.
8 Reallocation Request at 3.
9 PMCMLLC, TVv. FCC, No. 11-1330, 2012 WL 621663 at 4.
io Multi-State Commc'ns, Inc. v. FCC, 728 F.2d 1519, 1525 (D.C. Cir. 1984), cert. denied, 469 U.S. 1017 (1984).
" 47 U.S.C. 307(b).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/82/: accessed December 15, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.