Rule2021-20635
Television Broadcasting Services Tulsa, Oklahoma
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
September 24, 2021
Effective
October 25, 2021
Issuing agencies
Federal Communications Commission
Abstract
On May 17, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by KTUL Licensee, LLC (Licensee), the licensee of KTUL, channel 10 (ABC), Tulsa, Oklahoma, requesting the substitution of channel 14 for channel 10 at Tulsa in the DTV Table of Allotments. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to substitute channel 14 for channel 10 at Tulsa.
Full Text
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<title>Federal Register, Volume 86 Issue 183 (Friday, September 24, 2021)</title>
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[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 53009-53010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20635]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 21-9; RM-11872; DA 21-1161; FR ID 49364]
Television Broadcasting Services Tulsa, Oklahoma
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: On May 17, 2021, the Media Bureau, Video Division (Bureau)
issued a Notice of Proposed Rulemaking (NPRM) in response to a petition
for rulemaking filed by KTUL Licensee, LLC (Licensee), the licensee of
KTUL, channel 10 (ABC), Tulsa, Oklahoma, requesting the substitution of
channel 14 for channel 10 at Tulsa in the DTV Table of Allotments. For
the reasons set forth in the Report and Order referenced below, the
Bureau amends FCC regulations to substitute channel 14 for channel 10
at Tulsa.
DATES: Effective October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
(202) 418-1647 or Joyce <a href="/cdn-cgi/l/email-protection#024067706c7176676b6c426461612c656d74"><span class="__cf_email__" data-cfemail="77351205190403121e193711141459101801">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR
13684 on March 10, 2021. The Licensee filed comments in support of the
petition reaffirming its commitment to apply for channel 14. The Land
Mobile Communications Council (LMCC) filed opposition comments, to
which the Licensee filed a reply. LMCC also filed an ex parte letter
opposing the petition.
In its rulemaking petition, the Licensee stated that KTUL, as a VHF
channel station, has a long history of dealing with severe reception
problems, and that operation on channel 14 would not result in any
predicted loss of television service. The Licensee further stated that
with respect to operations on channel 14 and nearby land mobile
services, it would install the appropriate mask filter and antenna
needed to avoid interference to land mobile operations. LMCC opposed
the channel substitution because it believes KTUL's operation on
channel 14 at 1,000 kW power poses an unacceptable risk of harmful
interference to protected land mobile operations and proposed that that
the Commission investigate whether alternative substitute UHF channels
are available for KTUL. LMCC believes that while installing filtering,
as the Licensee proposes, may be effective at preventing certain
interference issues, it will have no impact on the receiver
desensitization it expects will occur from the Licensee's proposed
operation. In its Reply, the Licensee asserted that section 73.687 of
the rules states that once a channel 14 permittee has performed the
required pre-operation steps to avoid land mobile interference,
including installing filters and making outreach efforts to local
operators, its obligation is to co-operate with land mobile operators
to resolve interference issues that may arise that are caused by the
station after it begins operations, which the Licensee commits to do.
The Licensee further stated that it had searched for other viable UHF
channels and found none. In addition, the Licensee states that its
affiliated stations have considerable experience operating television
stations on channel 14, and there have been no known instances of
interference to land mobile operations. The Licensee also provided
technical information regarding the common use of band stop filters by
land mobile systems to deal with receiver desensitization. In its ex
parte filing in response to the Licensee's reply, LMCC primarily
repeats its previous arguments in opposition to the petition.
The Bureau denied LMCC's objections and granted the proposed
substitution of channel 14 for channel 10, concluding that the
Licensee's proposal meets the Commission's technical and interference
rules, and that grant would serve the public interest. While LMCC
stated that it is concerned that there will be interference to large
numbers of land mobile systems within 40 miles of the channel 14
proposed transmission site, the Bureau stated that the majority of
interference cases occur within five miles of the TV transmitter site,
that KTUL's tower is located more than five miles outside Tulsa, and
that the few instances of reported interference in other cases where
television stations have operated on channel 14 and the separation was
greater than five miles were resolved by the installation of filters.
The Bureau also noted that the Commission has recognized that use of
band-stop filters at the land mobile receiver is an effective procedure
to reduce interference caused by receiver desensitization, and that the
Licensee recognizes its obligation under the rules to correct any
desensitization problems that may occur after it begins operations.
With respect to LMCC's request that the Bureau find an alternative
channel for KTUL, the Licensee stated that it could find no other
technically feasible channel and Bureau found that the channels
proposed by LMCC were all unavailable for the Licensee's use because of
interference to other television stations. The Bureau concluded that
since the Licensee has committed to perform the steps required by the
rule and its construction permit, if granted, will have the standard
condition requiring it to do so, it would deny LMCC's opposition. It
also concluded that because it was at the stage of amending the DTV
Table of Allotments and an application for a construction permit for
channel 14 has not yet been submitted, it need not address LMCC's
interpretation of section 73.687(e) of the rules.
This is a synopsis of the Commission's Report and Order, MB Docket
No. 21-9; RM-11872; DA 21-1161, adopted September 15, 2021, and
released September 16, 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#deb8bdbdebeeea9eb8bdbdf0b9b1a8"><span class="__cf_email__" data-cfemail="b2d4d1d1878286f2d4d1d19cd5ddc4">[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
[[Page 53010]]
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
0
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.
0
2. In Sec. 73.622, in paragraph (i), amend the Post-Transition Table
of DTV Allotments, under Oklahoma, by revising the entry for ``Tulsa''
to read 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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OKLAHOMA
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* * * * *
Tulsa..................................... 8, * 11, 14, 22, 45, 47, 49.
* * * * *
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[FR Doc. 2021-20635 Filed 9-23-21; 8:45 am]
BILLING CODE 6712-01-P
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