Proposed Rule2023-19110
Television Broadcasting Services Des Moines, Iowa
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 5, 2023
Issuing agencies
Federal Communications Commission
Abstract
The Commission has before it a petition for rulemaking (Petition) filed by Iowa Public Broadcasting Board (Petitioner or IPB), the licensee of noncommercial educational television PBS member station KDIN-TV (KDIN-TV or Station), channel *11, Des Moines, Iowa. The Petitioner requests the substitution of channel *34 in place of channel *11 at Des Moines, Iowa in the Table of TV Allotments, and requests that we delete vacant channel *34, Ames, Iowa and substitute it with the allotment of vacant channel *21 to Ames, Iowa.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Proposed Rules]
[Page 60611]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19110]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 23-296; RM-11964; DA 23-774; FR ID 168460]
Television Broadcasting Services Des Moines, Iowa
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has before it a petition for rulemaking
(Petition) filed by Iowa Public Broadcasting Board (Petitioner or IPB),
the licensee of noncommercial educational television PBS member station
KDIN-TV (KDIN-TV or Station), channel *11, Des Moines, Iowa. The
Petitioner requests the substitution of channel *34 in place of channel
*11 at Des Moines, Iowa in the Table of TV Allotments, and requests
that we delete vacant channel *34, Ames, Iowa and substitute it with
the allotment of vacant channel *21 to Ames, Iowa.
DATES: Comments must be filed on or before October 5, 2023 and reply
comments on or before October 20, 2023.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
45 L Street NE, Washington, DC 20554. In addition to filing comments
with the FCC, interested parties should serve counsel for the
Petitioner as follows: Derek Teslik, Gray Miller Persh LLP, 2233
Wisconsin Ave. NW, Suite 226, Washington, DC 20007.
FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202)
418-1665; or Emily Harrison, Media Bureau, at <a href="/cdn-cgi/l/email-protection#a7e2cacecbde89efc6d5d5ced4c8c9e7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="02476f6b6e7b2c4a6370706b716d6c426461612c656d74">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In support, the Petitioner asserts that
allowing the Station to move from a VHF to a UHF channel would serve
the public interest by resolving viewer reception challenges and
significantly improving the Station's over-the-air-service to the
viewers in its existing service area. Petitioner includes with its
Petition a number of viewer complaints highlighting current reception
problems. Petitioner states that the Commission has recognized that VHF
channels pose challenges for their use in providing digital television
service, including propagation characteristics that allow undesired
signals and noise to be receivable at relatively far distances and
large variability in the performance of indoor antennas available to
viewers, with most antennas performing very poorly on high VHF
channels. An engineering statement provided by the Petitioner confirms
that the proposed channel *34 contour would provide full principal
community coverage to Des Moines, Iowa. The proposed move from channel
*11 to channel *34 is also not predicted to create a loss of service to
any viewers and according to the engineering statement will actually
increase the area covered while serving the population with higher
signal levels.
Petitioner acknowledges that the proposed channel substitution
would not meet the distance separation requirements regarding the
vacant channel *34 allotment at Ames, Iowa. As a result, Petitioner
requests that simultaneously with the substitution of channel *34 at
Des Moines, Iowa, we delete the vacant channel *34 allotment at Ames,
Iowa and substitute it with the allotment of vacant channel *21 to
Ames, Iowa. As stated in its supplemental engineering statement, the
proposed channel *21 is described as meeting the distance criteria
found in section 73.623(d) of the Commission's rules, and an analysis
using the Commission's TVStudy software is provided showing no
interference to any other station or allotment.
This is a synopsis of the Commission's Notice of Proposed
Rulemaking, MB Docket No. 23-296; RM-11964; DA 23-774, adopted August
29, 2023, and released August 29, 2023. 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 (Braille, large print, computer
diskettes, or audio recordings), please send an email to <a href="/cdn-cgi/l/email-protection#377174740207037751545419505841"><span class="__cf_email__" data-cfemail="3b7d78780e0b0f7b5d5858155c544d">[email protected]</span></a>
or call the Consumer & Government 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.
Members of the public should note that all ex parte contacts are
prohibited from the time a Notice of Proposed Rulemaking is issued to
the time the matter is no longer subject to Commission consideration or
court review, see 47 CFR 1.1208. There are, however, exceptions to this
prohibition, which can be found in Section 1.1204(a) of the
Commission's rules, 47 CFR 1.1204(a).
See Sections 1.415 and 1.420 of the Commission's rules for
information regarding the proper filing procedures for comments, 47 CFR
1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Proposed Rule
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 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 the table in paragraph (j), under Iowa, revise
the entry for Ames and Des Moines to read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(j) * * *
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Iowa
------------------------------------------------------------------------
* * * * *
Ames...................................... 5, *21, 23.
Des Moines................................ 8, 13, 16, 19, *34.
------------------------------------------------------------------------
[FR Doc. 2023-19110 Filed 9-1-23; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 5, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.