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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 [www.gpo.gov]
[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 [email protected].

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ultimately withdrawn in favor of a settlement agreement between 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 https://www.fcc.gov/edocs. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] 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, 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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