Rule2021-18783
Television Broadcasting Services Superior and York, Nebraska
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 31, 2021
Effective
August 31, 2021
Issuing agencies
Federal Communications Commission
Abstract
On March 10, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to an amended rulemaking petition filed by Gray Television Licensee, LLC (Gray), the licensee of KSNB-TV, channel 4 (NBC/MyNetwork), Superior, Nebraska. Gray requested that the Commission delete channel 4 from Superior and allot it to York, Nebraska in the DTV Table of Allotments and substitute channel 24 for channel 4 at York in the Table consistent with the technical parameters set forth in its Amended Petition. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to delete channel 4 from Superior and allot it to York, and then substitute channel 24 for channel 4 at York consistent with the technical parameters set forth in its amended petition.
Full Text
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<title>Federal Register, Volume 86 Issue 166 (Tuesday, August 31, 2021)</title>
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[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48537-48538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18783]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 21-60; RM-11844; DA 21-1038; FR ID 45283]
Television Broadcasting Services Superior and York, Nebraska
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: On March 10, 2021, the Media Bureau, Video Division (Bureau)
issued a Notice of Proposed Rulemaking (NPRM) in response to an amended
rulemaking petition filed by Gray Television Licensee, LLC (Gray), the
licensee of KSNB-TV, channel 4 (NBC/MyNetwork), Superior, Nebraska.
Gray requested that the Commission delete channel 4 from Superior and
allot it to York, Nebraska in the DTV Table of Allotments and
substitute channel 24 for channel 4 at York in the Table consistent
with the technical parameters set forth in its Amended Petition. For
the reasons set forth in the Report and Order referenced below, the
Bureau amends FCC regulations to delete channel 4 from Superior and
allot it to York, and then substitute channel 24 for channel 4 at York
consistent with the technical parameters set forth in its amended
petition.
DATES: Effective August 31, 2021.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#105a7f6973753e5275627e636475797e507673733e777f66"><span class="__cf_email__" data-cfemail="df95b0a6bcbaf19dbaadb1acabbab6b19fb9bcbcf1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR
15180 on May 21, 2021. Because Gray's proposal that the Bureau allot
channel 24 to York is not mutually exclusive with its existing channel
4 allotment at Superior and would result in removal of Superior's sole
local transmission outlet, the NPRM sought comment on whether to waive
section 1.420(i) of the Commission's rules regarding mutual
exclusivity, and the Commission's allotment policy disfavoring the
removal of a community's sole first local service. Gray filed comments
in support of the petition reaffirming its commitment to apply for
channel 24 and filed amended comments at the Bureau's request to more
fully address the waiver issues. In addition to KSNB-TV, Gray is the
licensee of KOLN, Lincoln, Nebraska. KOLN's tower collapsed in 2020 and
according to Gray, given the imminent failure of KSNB-TV's existing
technical facility, rebuilding KSNB-TV on channel 24 at the new KOLN
tower would resolve VHF-related reception issues in certain areas of
KSNB-TV's current predicted service area, and save several hundred
thousand dollars in construction costs.
With respect to the mutual exclusivity requirement, the Commission
adopted section 1.420 to allow a television station to request a new
community of license without subjecting the station to the risk of
losing its license to competing applications if the change in community
of license was mutually exclusive with the station's current allotment,
so that the change would not deprive potential future applicants of the
opportunity to apply for a new station to serve the area. Gray
demonstrated that multiple channels are currently available for future
allotment in the Superior/York/Lincoln, Nebraska area and, thus,
because the underlying
[[Page 48538]]
purpose of the rule would not be frustrated by changing KSNB-TV's
community of license without allowing competing expressions of
interest, the Bureau waived this requirement of section 1.420 of the
rules. The Bureau also waived the Commission's policy disfavoring the
removal of a sole local service allotted to a community. York is
significantly larger than Superior, and grant of a waiver to allow
KSNB-TV to collocate with KOLN would result in the provision of first,
second, and third television service to a substantial number of
persons. Moreover, other important public interest benefits would
accrue by permitting KSNB-TV to change its channel and community, and
collocate with KOLN, including operational and economic efficiencies
and resolving low VHF reception problems for KSNB-TV. There are also a
number of channels that may be allotted to Superior if an interested
party wishes to pursue acquiring a construction permit for a new
station in the area. In addition, Superior would receive improved
service from KSNB-TV's operation on channel 24 on the KOLN tower.
This is a synopsis of the Commission's Report and Order, MB Docket
No. 21-60; RM-11884; DA 21-1038, adopted August 23, 2021, and released
August 24, 2021. The full text of this document is available for
download at <a href="https://www.fcc.gov/edocs">https://www.fcc.gov/edocs</a>. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#791f1a1a4c494d391f1a1a571e160f"><span class="__cf_email__" data-cfemail="f0969393c5c0c4b0969393de979f86">[email protected]</span></a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
This document does not contain information collection requirements
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In
addition, therefore, it does not contain any proposed information
collection burden ``for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to
this proceeding.
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).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICE
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1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
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2. In Sec. 73.622, in paragraph (i), amend the Post-Transition Table
of DTV Allotments, under Nebraska, by removing the entry for
``Superior'' and adding an entry for ``York'' in alphabetical order.
The additions reads as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(i) * * *
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Community Channel No.
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* * * * *
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NEBRASKA
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* * * * *
York..................................... 24
* * * * *
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[FR Doc. 2021-18783 Filed 8-30-21; 8:45 am]
BILLING CODE 6712-01-P
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