Rule2023-19983
Television Broadcasting Services Lincoln, 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
September 15, 2023
Effective
September 15, 2023
Issuing agencies
Federal Communications Commission
Abstract
On September 26, 2022, the Federal Communications Commission's Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by The University of Nebraska (Petitioner), the licensee of noncommercial educational (NCE) television station KUON-TV (KUON-TV or Station), channel *12, Lincoln, Nebraska, requesting the substitution of UHF channel *27 for VHF channel *12 at Lincoln in the Table of TV Allotments. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to substitute channel *27 for channel *12 at Lincoln.
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Page 63533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19983]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 22-347; RM-11932; DA 23-826; FR ID 171264]
Television Broadcasting Services Lincoln, Nebraska
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: On September 26, 2022, the Federal Communications Commission's
Media Bureau, Video Division (Bureau) issued a Notice of Proposed
Rulemaking (NPRM) in response to a petition for rulemaking filed by The
University of Nebraska (Petitioner), the licensee of noncommercial
educational (NCE) television station KUON-TV (KUON-TV or Station),
channel *12, Lincoln, Nebraska, requesting the substitution of UHF
channel *27 for VHF channel *12 at Lincoln in the Table of TV
Allotments. For the reasons set forth in the Report and Order
referenced below, the Bureau amends FCC regulations to substitute
channel *27 for channel *12 at Lincoln.
DATES: Effective September 15, 2023.
FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202)
418-1665 or <a href="/cdn-cgi/l/email-protection#abeec6c2c7d285e3cad9d9c2d8c4c5ebcdc8c885ccc4dd"><span class="__cf_email__" data-cfemail="51143c383d287f1930232338223e3f113732327f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed rule was published at 87 FR
60956 on October 7, 2022. The Petitioner filed comments in support of
the petition, as required by the Commission's rules reaffirming its
commitment to apply for channel *27. As described in the Report and
Order, comments were filed by Flood Communications of Omaha, LLC
(Flood) in opposition to the Petition, but such comments were
ultimately withdrawn in favor of a settlement agreement between
Petitioner and Flood. See Letter from Barbara A. Kreisman, Chief, Video
Division, Media Bureau, to Derek Teslik, Esq. and Seth Williams, Esq.
(Sept. 8, 2023).
The Bureau believes the public interest would be served by
substituting channel *27 for channel *12 at Lincoln, Nebraska. In
support of its channel substitution request, the Petitioner states that
the Station has a history of severe reception problems as a result of
its operation on a VHF channel. The Petitioner also discussed the
challenges and characteristics of VHF channels that have been
recognized by the Commission regarding viewer reception. The Petitioner
asserts that the proposed channel substitution will improve viewers'
access to the Station's PBS and other public television programming by
improving reception issues. According to the Petitioner, although the
channel *27 facilities would result in a reduction in the Station's
predicted population served within its noise limited service contour,
almost all of the predicted loss area is served by other PBS stations
licensed to communities in Nebraska and Iowa, which largely air the
same NCE programming as KUON-TV. According to the Petitioner, once
terrain-limitations are factored into the analysis, the new loss area
that would be created by the proposed channel substitution would
contain only 342 persons, which it asserts is de minimis. Although the
Petitioner's proposal would result in a loss of PBS network programming
to a limited number of viewers, the Bureau finds that the overall
benefits of the proposed channel change by resolving reception issues
outweighs any possible harm to the public interest.
This is a synopsis of the Commission's Report and Order, MB Docket
No. 22-347; RM-11932; DA 23-826, adopted September 8, 2023, and
released September 8, 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 for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#badcd9d98f8a8efadcd9d994ddd5cc"><span class="__cf_email__" data-cfemail="b7d1d4d4828783f7d1d4d499d0d8c1">[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 (j), amend the Table of TV Allotments,
under Nebraska, by revising the entry for Lincoln 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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Nebraska
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* * * * *
Lincoln................................................. 8, 10, 15, *27
* * * * *
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[FR Doc. 2023-19983 Filed 9-14-23; 8:45 am]
BILLING CODE 6712-01-P
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