Federal Communications Commission DA 08-2295
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Amendment of Section 73.622(i), ) MB Docket No. 08-213
Final DTV Table of Allotments, ) RM-11500
Television Broadcast Stations. )
(Grand Island, Nebraska) )
NOTICE OF PROPOSED RULE MAKING
Adopted: October 10, 2008 Released: October 15, 2008
Comment Date:  [30 days after date of publication in the Federal Register]
Reply Comment Date:  [45 days after date of publication in the Federal Register]
By the Chief, Video Division, Media Bureau:
1. The Commission has before it a petition for rulemaking filed by Hill Broadcasting 
Company, Inc. (Hill), the licensee of KTVG-DT, analog channel 17 and permittee of KTVG-DT, DTV 
channel 19, Grand Island, Nebraska. Hill requests the substitution of DTV channel 16 for post-transition 
DTV channel 19 at Grand Island.
2. According to Hill, the proposed channel substitution would result in a more efficient use 
of the spectrum because it will permit Hill to further maximize the stations facilities and to save 
financial resources by using its [the stations] current analog antenna.1  Furthermore, Hill asserts that the 
proposed channel change would result in expanding service to an additional 1,621 people.2
3. We believe that Hillss proposal warrants consideration.  DTV channel 16 can be 
substituted for post-transition DTV channel 19 at Grand Island, Nebraska, as proposed, in compliance with 
the principal community coverage requirements of Section 73.625(a) of the Commissions rules,3 at 
coordinates 40-43-44 N. and 98-34-13 W.4 In addition, we find that this channel change meets the technical 
requirements set forth in Sections 73.616 and 73.623 of the Commissions rules.5 We propose to substitute 
DTV channel 16 for post-transition DTV channel 19 for station KTVG-DT at Grand Island with the 
following specifications:
City and State DTV Channel DTV Power (kW) Antenna HAAT (meters)
Grand Island, Nebraska 16 1000 186
4. Accordingly, we seek comments on the proposed amendment of the Post-Transition Table 
 
1 Hill Petition for Rulemaking at 2.
2 Id., Engineering Statement at 2.
3 47 C.F.R.  73.625(a).
4 The proposed facility is 24.6 km from the FCC monitoring station at Grand Island, Nebraska.
5 47 C.F.R.  73.616, 73.623.
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of DTV Allotments, Section 73.622(i) of the Commissions rules,6 for the community listed below, to read 
as follows:
Channel No.
City and State Present Proposed
Grand Island, Nebraska 11, 19 11, 16
5. The Commissions authority to institute rule making proceedings, showings required, cut-
off procedures, and filing requirements are contained in the attached Appendix and are incorporated by 
reference herein. In addition, when the Commission lifted the freeze on the filing of DTV maximization 
applications and petitions for digital channel substitutions,7 it announced that until the end of the statutory 
DTV transition on February 17, 2009, mutually-exclusive applicants would be provided a 30-day period of 
time, from the date of a public notice identifying mutually-exclusive proposals, to resolve their mutual-
exclusivity via engineering amendment or settlement, rather than the 90-day period afforded by Section 
73.623(h) of the rules.8  Similarly, we will also shorten the settlement period for rulemaking petitions and 
mutually-exclusive maximization applications.  If we receive a maximization application on or before the 
date for filing initial comments in this proceeding, which proposes a facility which is mutually-exclusive 
with the proposal set forth herein, we will issue a public notice and the parties will have 30 days within 
which to resolve their mutual-exclusivity. If the parties resolve their mutual-exclusivity, we will complete 
the rulemaking process by issuing the appropriate order. If the parties are unable to resolve their mutual-
exclusivity, we will terminate this proceeding and dismiss the maximization application.
6. Pursuant to Sections 1.415 and 1.419 of the Commissions rules, interested parties may file 
comments on or before [30 days after publication in the Federal Register] and reply comments on or before 
[45 days after publication in the Federal Register], and are advised to read the Appendix for the proper 
procedures.  Comments should be filed with the Federal Communications Commission, Office of the 
Secretary, 445 12th Street, S.W., Washington, D.C. 20554.  Additionally, a copy of such comments should 
be served on the petitioner, or its counsel or consultant, as follows:
William H. Crispin, Esq.
Crispin & Greenberg, P.L.L.C
555 13th Street, NW
Suite 420 West
Washington, DC 20004
7. Parties must file an original and four copies of each filing.  Filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail 
(although we continue to experience delays in receiving U.S. Postal Service mail).  The Commissions 
contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the 
Commissions Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.  The 
 
6 47 C.F.R.  73.622(i).
7 See Commission Lifts the Freeze on the Filing of Maximization Applications and Petitions for Digital Channel 
Substitutions, Effective Immediately, 23 FCC Rcd 8330 (MB 2008).
8 47 C.F.R.  73.623(h)(3).
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filing hours at this location are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held together with rubber 
bands or fasteners.  Any envelopes must be disposed of before entering the building.  Commercial overnight 
mail (other than U.S. Postal Service Express Mail or Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, Maryland 20743.  U.S. Postal Service first-class mail, Express Mail, and Priority 
Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. All filings must be addressed 
to Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the Secretary.  Any filing 
that is not addressed to the Office of the Secretary will be treated as filed on the day it is received in the 
Office of the Secretary.9 Accordingly, failure to follow the specified requirements may result in the 
treatment of a filing as untimely.
8. The Commission has determined that the relevant provisions of the Regulatory Flexibility 
Act of 1980 do not apply to a rule making proceeding to amend the DTV Table of Allotments, Section 
73.622(i).   This document does not contain proposed 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,  3506(c)(4). 
9. For further information concerning the proceeding listed above, contact Adrienne Y. 
Denysyk, Media Bureau, (202) 418-1600.  For purposes of this restricted notice and comment rule making 
proceeding, members of the public are advised that no ex parte presentations are permitted from the time the 
Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such 
decision in the applicable docket is no longer subject to reconsideration by the Commission or review by 
any court.  An ex parte presentation is not prohibited if specifically requested by the Commission or staff 
for the clarification or adduction of evidence or resolution of issues in the proceeding.  However, any new 
written information elicited from such a request or any summary of any new information shall be served by 
the person making the presentation upon the other parties to the proceeding in a particular docket unless the 
Commission specifically waives this service requirement.  Any comment which has not been served on the 
petitioner constitutes an ex parte presentation and shall not be considered in the proceeding.  Any reply 
comment which has not been served on the person(s) who filed the comment, to which the reply is directed, 
constitutes an ex parte presentation and shall not be considered in the proceeding.  
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau
 
9 See 47 C.F.R.  1.7.
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APPENDIX
1. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and (r), and 307(b) 
of the Communications Act of 1934, as amended, and 47 C.F.R. Sections 0.61, 0.204(b) and 0.283, IT IS 
PROPOSED TO AMEND the DTV Table of Allotments, 47 C.F.R. Section 73.622(i), as set forth in the 
Notice of Proposed Rule Making to which this Appendix is attached.
2. Showings Required.  Comments are invited on the proposal(s) discussed in the Notice of 
Proposed Rule Making to which this Appendix is attached.   Proponent(s) will be expected to answer 
whatever questions are presented in initial comments.  The proponent of a proposed allotment is also 
expected to file comments even if it only resubmits or incorporates by reference its former pleadings.  It 
should also restate its present intention to apply for the channel if it is allotted and, if authorized, to build 
a station promptly.  Failure to file may lead to denial of the request.  
3. Cut-off protection.  The following procedures will govern the consideration of the filings 
in this proceeding;
(a)  Counterproposals advanced in this proceeding itself will be considered, if advanced 
in initial comments, so that parties may comment on them in reply comments.  They will not be 
considered if advanced in reply comments.  (See Section 1.420(d) of the Commissions Rules.)  Because 
the Commission has not yet lifted its freeze on the filing of petitions for rulemaking to establish new 
DTV channel allotments and for changes in community of license,10 we will not consider 
counterproposals which propose new allotments or changes in community of license.
(b)  With respect to petitions for rule making which conflict with the proposal in this 
Notice, they will be considered as comments in the proceeding, and Public Notice to this effect will be 
given as long as they are filed before the date for filing initial comments herein.  If they are filed later 
than that, they will not be considered in connection with the decision in this docket.
(c)  The filing of a counterproposal may lead the Commission to allot a different channel 
than was requested for any of the communities involved.
4. Comments and Reply Comments; service.  Pursuant to applicable procedures set out in 
47 C.F.R. Sections 1.415 and 1.420, interested parties may file comments and reply comments on or 
before the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached.  All 
submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in 
written comments, reply comments, or other appropriate pleadings.  The person filing the comments shall 
serve comments on the petitioners.  Reply comments shall be served on the person(s) who filed 
comments to which the reply is directed. A certificate of service shall accompany such comments and 
reply comments (see 47 C.F.R. Section 1.420(a), (b) and (c)).  Comments should be filed with the 
Secretary, Federal Communications Commission, Washington, D.C. 20554.
5. Number of Copies.  In accordance with the provisions of 47 C.F.R. Section 1.420, an 
original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be 
 
10  See Public Notice, Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area 
Changes, 19 FCC Rcd 14810 (MB 2004).
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furnished the Commission.  An electronic copy should also be sent to adrienne.denysyk@fcc.gov.
6. Public Inspection of Filings.  All filings made in this proceeding will be available for 
examination by interested parties during regular business hours in the Commissions Reference 
Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C. 20554.