Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 72417 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted, or a temporary 

final rule is published of any posting or 

updates to the docket. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

DHS Delegation No. 00170.1. Revision No. 

01.3. 

■ 2. Stay § 117.261(q) from 12:01 a.m. 

on December 30, 2023, through 11:59 

p.m. on August 31, 2025. 

■ 3. Add temporary § 117.261(p) from 

12:01 a.m. on December 30, 2023, 

through 11:59 p.m. on August 31, 2025, 

to read as follows: 

§ 117.261 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

* * * * * 

(p) Indiantown Road Bridge, mile 

1006.2, at Jupiter. The draw shall open 

on the hour and half hour except that 

the draw need not open daily from 7 

a.m. to 9 a.m. and 4 p.m. to 6 p.m. 

* * * * * 

Dated: October 13, 2023. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2023–23259 Filed 10–19–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–336; RM–11967; DA 23– 

936; FR ID 177970] 

Television Broadcasting Services 

Wittenberg and Shawano, Wisconsin 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Video Division, Media 

Bureau (Bureau) has before it a petition 

for rulemaking filed by TV–49, Inc. 

(Petitioner or TV–49), the permittee of 

an unbuilt television station on channel 

31 allotted to Wittenberg, Wisconsin. 

TV–49 requests an amendment of the 

Table of TV Allotments to delete 

channel 31 at Wittenberg and substitute 

channel 31 at Shawano, Wisconsin, 

consistent with the technical parameters 

set forth in the Petition, as amended. 

The Petitioner further requests 

modification of its construction permit 

to specify Shawano as its community of 

license. 

DATES: Comments must be filed on or 

before November 20, 2023 and reply 

comments on or before December 4, 

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: 

Matthew S. Delnero, Esq., Covington & 

Burling, LLP, 850 Tenth Street NW, 

Washington, DC 20001. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission has stated that it will apply 

the modification procedure in section 

1.420(i) of the rules, which provides 

that the Commission may, in connection 

with a rulemaking proceeding to amend 

the Table of TV Allotments, modify a 

station’s license or construction permit 

to specify a new community of license 

without affording other interested 

parties an opportunity to file competing 

expressions of interest, where the new 

allotment will be mutually exclusive 

with a station’s existing allotment. The 

Technical Exhibit submitted with the 

Amended Petition demonstrates that the 

proposed allotment of channel 31 at 

Shawano is mutually exclusive with the 

current allotment at Wittenberg, and is 

otherwise in compliance with all of our 

technical rules. The Petitioner also 

emphasizes that Wittenberg will not 

lose any existing service because as a 

permittee, TV–49 has not commenced 

operations in Wittenberg, and thus no 

viewers have come to rely on any 

existing service, a factor the 

Commission has found to be mitigating 

in the context of whether it would 

remove the sole channel allotted to a 

community. Moreover, the Petitioner 

states that the communities are only 

thirty miles apart and Wittenberg will 

still be within the noise limited contour 

of the channel 31 facility constructed at 

Shawano. The Petitioner further asserts 

that providing Shawano, the county seat 

of Shawano County and a community 

that is nine times larger than 

Wittenberg, with its first local television 

service is the type of rare circumstance 

which justifies a waiver of the general 

prohibition on the removal of a 

community’s sole first local service. 

According to the Petitioner, Shawano’s 

Census 2020 population is 9,243 people, 

while Wittenberg’s Census 2020 

population is 1,015. Shawano is 

governed by a mayor and six 

alderpersons, who collectively comprise 

its Common Council. The Shawano 

school district operates five public 

schools, there are also three religiouslyaffiliated private schools in Shawano, 

and Northeast Wisconsin Technical 

College also operates a Regional 

Learning Campus in Shawano. Shawano 

also provides a number of municipal 

services through the Shawano-Bonduel 

Municipal Court, the Shawano 

Department of Public Works, the 

Shawano Police Department, and the 

Shawano Municipal Utilities. Petitioner 

states that given the foregoing, it is clear 

that Shawano has the population and 

public services indicative of a 

community deserving of its own 

television station. Moreover, the 

Petitioner asserts that six licensed full 

power television stations currently 

provide noise-limited service to all of 

Wittenberg and the Petitioner 

demonstrates that once the Station 

commences operations it will also 

provide noise-limited service to 

Wittenberg. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–336; 

RM–11967; DA 23–936, adopted 

October 6, 2023, and released October 6, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
72418 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 

2023. The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov 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 

■ 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. 

■ 2. In § 73.622, in the table in 

paragraph (j), under Wisconsin, add an 

entry for ‘‘Shawano’’ in alphabetical 

order, and revise the entry for 

‘‘Wittenberg’’ to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

Wisconsin 

* * * * * 

Shawano ................................. 31 

* * * * * 

Wittenberg .............................. ......................

* * * * * 

[FR Doc. 2023–22861 Filed 10–19–23; 8:45 am] 

BILLING CODE 6712–01–P 


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