Rule2022-28333
Television Broadcasting Services Chicago, Illinois
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
January 3, 2023
Effective
January 3, 2023
Issuing agencies
Federal Communications Commission
Abstract
In an Order adopted on December 16, 2022, the Media Bureau, Video Division amended its regulations to reflect the termination of the incentive auction channel sharing arrangement between noncommercial educational television stations WYCC, Chicago, Illinois and WTTW, Chicago, Illinois.
Full Text
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<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Rules and Regulations]
[Pages 10-11]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28333]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 22-456; DA 22-1340; FR ID 120701]
Television Broadcasting Services Chicago, Illinois
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In an Order adopted on December 16, 2022, the Media Bureau,
Video Division amended its regulations to reflect the termination of
the incentive auction channel sharing arrangement between noncommercial
educational television stations WYCC, Chicago, Illinois and WTTW,
Chicago, Illinois.
DATES: Effective January 3, 2023.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#c389acbaa0a6ed81a6b1adb0b7a6aaad83a5a0a0eda4acb5"><span class="__cf_email__" data-cfemail="88c2e7f1ebeda6caedfae6fbfcede1e6c8eeebeba6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In 2012, Congress passed the Spectrum Act
that authorized the Commission to reorganize the ultra-high frequency
(UHF) band using a two-sided incentive auction that reallocated
broadcast television spectrum for mobile broadband services. The
incentive auction permitted television stations to accept several bid
options in exchange for money, including: (1) relinquishing all usage
rights with respect to a particular television channel, i.e.,
permanently going off the air; and (2) relinquishing usage rights with
respect to their channel in order to share a television channel with
another licensee and continue broadcasting over a shared channel
(channel sharing bid). In order to manage television spectrum, channels
for full power television stations in the United States, its
territories, and possessions are listed and codified in Part 73 of the
Commission's rules. Full power television stations may only be
constructed on channels designated in the codified Table of TV
Allotments and only in the communities listed therein. Pursuant to the
Commission's channel sharing procedures, when a CSA is implemented,
both stations are issued licenses indicating that the stations are
sharing spectrum, and the letter ``S'' or ``*S'' is included in the
Table of TV Allotments to denote that a channel sharee (the station
that has relinquished its channel) is allotted to that community. The
asterisk indicates that at least one of the sharing stations was or is
operating on a channel reserved for noncommercial educational (NCE)
use. When a CSA is dissolved in a community and a sharee station does
not enter into a new CSA, the sharee station may request, and the Media
Bureau may grant, cancellation of the sharee station's license. In that
case, the ``S'' or ``*S'' designation in the Table of TV Allotments is
no longer accurate.
College District #508, County of Cook (CD #508), the former
licensee of NCE television station WYCC, channel *21, was a winning
license relinquishment bidder in the incentive auction and later
entered into a CSA with Window to the World Communication, Inc. (Window
to the World), the licensee of NCE television station WTTW, indicating
that CD #508 would share WTTW's channel. Shortly thereafter, CD #508
filed an application to assign the license of WYCC to Window to the
World, and that transaction was consummated on April 20, 2018. In May
2022, Window to the World filed an application for modification of its
licenses to ``modify the WTTW license to dissolve the channel share
such that the WTTW license has the full channel capacity. The WYCC
license authorization is being surrendered to the FCC per the terms of
the FCC rules on channel sharing.'' In June 2022, Window to the World
submitted an application to surrender the license of WYCC. The Bureau
granted the modification of license on May 18, 2022 and per Window to
the World's request, cancelled the WYCC license on June 27, 2022.
The channels in the Table of TV Allotment under Chicago, Illinois
presently reads as follows: ``12, 19, 22, 23, 24, *25, 33, 34, S, *S.''
Because the CSA was dissolved, WYCC's spectrum
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usage rights reverted to WTTW pursuant to the CSA, and the Media Bureau
canceled the WYCC license in June 2022. Therefore, the ``*S''
designation in the Table of TV Allotments for Chicago, Illinois, which
was included to reflect the sharing status of channel *25, is no longer
accurate, and is deleted under delegated authority. The Bureau finds
good cause to make this revision to the Table of TV Allotments without
notice and comment. Section 553(b)(3)(B) of the Administrative
Procedure Act provides that notice and comment are not required when
the agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest. In this case, notice and comment is unnecessary because the
Bureau is amending the Table to reflect final actions previously taken
in cancelling the WYCC license, as requested by the station's licensee,
and allowing that station's spectrum usage rights to revert to WTTW,
consistent with the CSA and section 73.3700(h)(2) of the Commission's
rules. Accordingly, the relinquished usage rights are not available to
any other person without the consent of Window to the World, which has
not been given. In addition, given that the amendments to the Table
reflect final actions the Bureau has previously taken, we find good
cause to make these changes effective immediately upon publication in
the Federal Register pursuant to section 553(d)(3) of the
Administrative Procedure Act. An ``S'' remains accurate in the Table
under Chicago, Illinois because there is a remaining sharee station in
Chicago, commercial station WSNS-TV, which is sharing channel 33 with
WMAQ-TV, Chicago.
This is a synopsis of the Commission's Order, MB Docket No. 22-456;
DA 22-1340, adopted December 16, 2022, and released December 16, 2022.
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#3c5a5f5f090c087c5a5f5f125b534a"><span class="__cf_email__" data-cfemail="f5939696c0c5c1b5939696db929a83">[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
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(j), amend the Table of Allotments, under Illinois,
by revising the entry for Chicago to read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(j) * * *
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Community Channel No.
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* * * * *
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ILLINOIS
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* * * * *
Chicago................................... 12, 19, 22, 23, 24, * 25,
33, 34, S.
* * * * *
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[FR Doc. 2022-28333 Filed 12-30-22; 8:45 am]
BILLING CODE 6712-01-P
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