72968 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Rules and Regulations 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, Navigation 

(Air). 

Issued in Washington, DC, on October 13, 

2023. 

Thomas J. Nichols, 

Manager, Aviation Safety, Flight Standards 

Service, Standards Section, Flight Procedures 

& Airspace Group, Flight Technologies & 

Procedures Division. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, 14 CFR part 

97 is amended by establishing, 

amending, suspending, or removing 

Standard Instrument Approach 

Procedures and/or Takeoff Minimums 

and Obstacle Departure Procedures 

effective at 0901 UTC on the dates 

specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

Effective 30 November 2023 

Safford, AZ, KSAD, RNAV (GPS) RWY 12, 

Amdt 1 

Safford, AZ, KSAD, RNAV (GPS) RWY 30, 

Amdt 1 

Tucson, AZ, KTUS, ILS OR LOC RWY 11L, 

Amdt 14E, CANCELED 

Tucson, AZ, KTUS, ILS OR LOC RWY 12, 

Orig 

Tucson, AZ, KTUS, RNAV (GPS) RWY 4, 

Amdt 1C 

Tucson, AZ, KTUS, RNAV (GPS) RWY 11R, 

Orig-E, CANCELED 

Tucson, AZ, KTUS, RNAV (GPS) RWY 22, 

Orig-E 

Tucson, AZ, KTUS, RNAV (GPS) RWY 29L, 

Amdt 1B, CANCELED 

Tucson, AZ, KTUS, RNAV (GPS) Z RWY 11L, 

Amdt 1D, CANCELED 

Tucson, AZ, KTUS, RNAV (GPS) Z RWY 12, 

Orig 

Tucson, AZ, KTUS, RNAV (GPS) Z RWY 

29R, Amdt 2F, CANCELED 

Tucson, AZ, KTUS, RNAV (GPS) Z RWY 30, 

Orig 

Tucson, AZ, KTUS, RNAV (RNP) Y RWY 12, 

Orig 

Tucson, AZ, KTUS, RNAV (RNP) Y RWY 30, 

Orig 

Tucson, AZ, KTUS, VOR OR TACAN RWY 

11L, Amdt 1D, CANCELED 

Tucson, AZ, KTUS, VOR OR TACAN RWY 

12, Orig 

Tucson, AZ, KTUS, VOR OR TACAN RWY 

29R, Amdt 2G, CANCELED 

Tucson, AZ, KTUS, VOR OR TACAN RWY 

30, Orig 

Denver, CO, KDEN, RNAV (GPS) Y RWY 

16R, Orig 

Denver, CO, KDEN, RNAV (GPS) Y RWY 

16R, Amdt 1D, CANCELED 

Denver, CO, KDEN, RNAV (RNP) Z RWY 

16R, Orig 

Denver, CO, KDEN, RNAV (RNP) Z RWY 

16R, Orig-C, CANCELED 

Cochran, GA, 48A, Takeoff Minimums and 

Obstacle DP, Amdt 2A 

Monticello, IA, KMXO, RNAV (GPS) RWY 

15, Amdt 1D 

Monticello, IA, KMXO, RNAV (GPS) RWY 

33, Amdt 1C 

Monticello, IA, KMXO, Takeoff Minimums 

and Obstacle DP, Amdt 4A 

Chicago/Prospect Heights/Wheeling, IL, 

KPWK, RAV (GPS) RWY 30, Orig 

Danville, IL, KDNV, ILS OR LOC RWY 21, 

Amdt 8 

Danville, IL, KDNV, RNAV (GPS) RWY 3, 

Orig-C 

Danville, IL, KDNV, RNAV (GPS) RWY 21, 

Orig-C 

Danville, IL, KDNV, RNAV (GPS) RWY 34, 

Orig-C 

Danville, IL, KDNV, VOR/DME RWY 3, Amdt 

12B, CANCELED 

Freeport, IL, KFEP, RNAV (GPS) RWY 6, 

Orig-C 

Anderson, IN, KAID, ILS OR LOC RWY 30, 

Amdt 4 

Lafayette, IN, KLAF, Takeoff Minimums and 

Obstacle DP, Amdt 1A 

Lafayette, IN, KLAF, VOR–A, Amdt 26C 

Abilene, KS, K78, RNAV (GPS) RWY 17, 

Amdt 1D 

Pittsfield, MA, KPSF, LOC RWY 26, Amdt 

10B 

Pittsfield, MA, KPSF, RNAV (GPS) RWY 26, 

Amdt 2B 

Plymouth, MA, KPYM, ILS OR LOC RWY 6, 

Amdt 1H 

Plymouth, MA, KPYM, RNAV (GPS) RWY 6, 

Amdt 1E 

Plymouth, MA, KPYM, RNAV (GPS) RWY 

24, Orig-D 

Plymouth, MA, KPYM, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Detroit, MI, KYIP, RNAV (GPS) RWY 9, Amdt 

3 

Redwood Falls, MN, KRWF, RNAV (GPS) 

RWY 30, Amdt 1 

Kansas City, MO, KMCI, ILS OR LOC RWY 

1L, Amdt 19A 

Kansas City, MO, KMCI, ILS OR LOC RWY 

1R, ILS RWY 1R (SA CAT I), ILS RWY 1R 

(CAT II), ILS RWY 1R (CAT III), Amdt 7A 

Kansas City, MO, KMCI, ILS OR LOC RWY 

19L, Amdt 5A 

Kansas City, MO, KMCI, ILS OR LOC RWY 

19R, ILS RWY 19R (SA CAT I), ILS RWY 

19R (CAT II), ILS RWY 19R (CAT III), 

Amdt 15A 

Nevada, MO, KNVD, Takeoff Minimums and 

Obstacle DP, Orig-A 

Kalispell, MT, KGPI, RNAV (RNP) RWY 20, 

Amdt 1 

Monroe, NC, EQY, ILS OR LOC RWY 5, 

Amdt 3A 

Monroe, NC, EQY, RNAV (GPS) RWY 5, 

Amdt 3A 

Monroe, NC, EQY, RNAV (GPS) RWY 23, 

Amdt 1C 

Dayton, OH, KGDK, Takeoff Minimums and 

Obstacle DP, Amdt 3 

Shawnee, OK, SNL, ILS OR LOC RWY 17, 

Amdt 3A 

Brookings, OR, KBOK, RNAV (GPS)–A, Orig 

Brookings, OR, KBOK, Takeoff Minimums 

and Obstacle DP, Orig 

Sunriver, OR, S21, RNAV (GPS) RWY 18, 

Amdt 2 

Sunriver, OR, S21, Takeoff Minimums and 

Obstacle DP, Orig-B 

Altoona, PA, KAOO, ILS OR LOC RWY 21, 

Amdt 9 

Altoona, PA, KAOO, RNAV (GPS) RWY 21, 

Amdt 1E 

Punxsutawney, PA, N35, RNAV (GPS) RWY 

24, Orig-E 

Walterboro, SC, KRBW, ILS Y OR LOC Y 

RWY 23, Amdt 3 

Memphis, TN, KMEM, ILS OR LOC RWY 27, 

Amdt 4D 

Memphis, TN, KMEM, RNAV (GPS) RWY 27, 

Amdt 2E 

San Saba, TX, 81R, RNAV (GPS) RWY 13, 

Orig 

San Saba, TX, 81R, RNAV (GPS) RWY 31, 

Orig 

San Saba, TX, 81R, Takeoff Minimums and 

Obstacle DP, Orig 

Salt Lake City, UT, KSLC, RNAV (GPS) RWY 

16L, Amdt 2 

Salt Lake City, UT, KSLC, RNAV (GPS) RWY 

16R, Amdt 2 

Rescinded: On September 25, 2023 (88 FR 

65598), the FAA published an Amendment 

in Docket No. 31508, Amdt No. 4079, to part 

97 of the Federal Aviation Regulations under 

§§ 97.37. The following entry for 

Indianapolis, IN, effective November 30, 

2023, is hereby rescinded in its entirety. 

Indianapolis, IN, KUMP, Takeoff Minimums 

and Obstacle DP, Amdt 4 

[FR Doc. 2023–23392 Filed 10–23–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–221; RM–11908; DA 23– 

990; FR ID 180832] 

Television Broadcasting Services Las 

Vegas, Nevada 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On May 21, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by Scripps 

Broadcasting Holdings, LLC (Scripps or 

Licensee), the licensee of KTNV–TV, 

channel 7, Las Vegas, Nevada, 

requesting the substitution of channel 

26 for channel 13 at Las Vegas, in the 

Table of TV Allotments. King Kong 

Broadcasting, Inc. (King Kong), the 


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Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Rules and Regulations 72969 

licensee of low power television station 

KGNG–LD on channel 26 at Las Vegas, 

filed opposition comments and counterproposed that channel 26 instead be 

allotted as a new vacant channel at Las 

Vegas. For the reasons set forth in the 

Report and Order referenced below, the 

Bureau denies King Kong’s opposition 

and counter-proposal, amends FCC 

regulations to substitute channel 26 for 

channel 13 at Las Vegas, and directs 

Scripps to file an application for a 

construction permit for channel 26. 

DATES: Effective November 24, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, 

Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

32011 on June 16, 2021. In its 

rulemaking petition, Scripps explained 

that digital VHF channels have 

propagation characteristics that allow 

undesired signals and noise to be 

receivable at relatively far distances and 

also result in nearby electrical devices 

causing signal interference, that it has 

received many complaints from viewers 

unable to receive a reliable signal on 

channel 13, and that only five persons 

were predicted to lose service under the 

proposed channel substitution. In its 

Opposition, King Kong acknowledged 

that generally full-power television 

stations have priority over secondary 

LPTV stations in terms of channel 

allotments, but asserted that Scripps’ 

proposal would not serve the public 

interest because it would displace 

KGNG–LD on channel 26. In support, 

King Kong stated that its principal 

resides in Las Vegas and as a result, 

King Kong has ascertained the needs of 

the community and curated 

programming options designed to serve 

the entire community, including 

programming which it characterizes as 

targeted towards the growing and 

underserved ethnic minority 

populations in the area. According to 

King Kong, if the Bureau were to grant 

Scripps’ Petition, King Kong would be 

left with the option of filing for 

displacement to move to channel 13 

once it is vacated by KTNV–TV or cease 

operations, and if it chose to seek 

displacement, it would be subject to 

competing applications and possibly 

still be forced to cease operations. 

Further, according to King Kong, even if 

it were ultimately granted a 

construction permit to operate the 

station on channel 13 or another VHF 

channel, KGNG–LD might be precluded 

from participating in the new ATSC 3.0 

standard that would serve mobile users. 

Alternatively, King Kong noted that if 

the Commission grants its 

counterproposal and allots channel 26 

to Las Vegas as a new allotment, in 

order to obtain a construction permit for 

UHF channel 26 King Kong would 

either have to be the sole applicant for 

the channel—an unlikely situation 

given Scripps’ interest in the channel— 

or the winning bidder in a future 

Commission auction. Therefore, King 

Kong contended that the public interest 

would be better served if KGNG–LD 

remains on channel 26 and Scripps 

instead selects a different UHF channel 

for KTNV–TV. According to King Kong, 

there are at least eight other equivalent 

UHF channels available for KTNV–TV’s 

use that are currently occupied by other 

LPTV stations and that while one of 

these LPTV stations would be displaced 

if Scripps sought to move to its channel, 

none of these stations provide the level 

of programming options offered by 

KGNG–LD or have principals with the 

same level of longstanding ties to the 

Las Vegas community as it principal 

possesses. Finally, King Kong alleged 

that Scripps targeted KGNG–LD because 

it is a strong competitor in Las Vegas 

and as a way of striking back at King 

Kong because of disputes that have 

arisen over the years between King Kong 

and KTNV–TV employees. In reply, 

Scripps stated that as an LPTV station, 

KGNG–LD has secondary status and is 

therefore subject to interference from 

and displacement by full power 

stations, and any Commission action 

ordering Scripps to displace one of the 

other LPTV stations contravenes 

longstanding precedent against making 

licensing decisions based solely on 

programming offered on KGNG–LD. In 

addition, King Kong’s argument that 

preserving its low power service on 

channel 26 would enable it to deliver 

ATSC 3.0 services in the future should 

be disregarded because the Bureau has 

ruled in other channel substitution 

rulemaking proceedings that the impact 

of a proposed channel substitution on 

delivery of ATSC 3.0 service is not a 

factor as that service is still in the early 

stages of development and the 

availability of consumer devices 

remains limited. Scripps also argued 

that the claim that Scripps’ decision to 

displace KGNG is motivated by some 

sort of animus towards King Kong is 

vague, unsupported, and irrelevant, and 

appears to be based on disputes between 

King Kong and the prior owner of 

KTNV–TV. In fact, Scripps states that it 

sought to work with King Kong given 

the displacement and offered to donate 

Scripps’ channel 13 equipment to King 

Kong upon moving KTNV–TV to 

channel 26 and maintain, at Scripps’ 

expense, a temporary channel 13 facility 

for King Kong’s use at KTNV–TV’s 

downtown Las Vegas studio and tower 

facility. With respect to King Kong’s 

counterproposal that channel 26 be 

allotted as a vacant channel at Las 

Vegas, Scripps observed that its 

proposal and King Kong’s 

counterproposal are indistinguishable 

based on the Commission’s allotment 

priorities since both propose Las Vegas, 

a community that is already wellserved, and that accordingly, any 

determination must be made based on 

the Commission’s exercise of its general 

discretion to serve the public interest, 

and the Commission has routinely 

granted petitions such as Scripps’ even 

when displacing LPTV stations. Scripps 

also points out that King Kong is free to 

submit a rulemaking petition for a new 

channel allotment on any of the UHF 

channels it has identified as available in 

Las Vegas. In reply, King Kong asserts 

Scripps provided no engineering 

explanation why it needs to move to 

channel 26, as opposed to another UHF 

channel, and reaffirmed its position that 

Scripps is targeting KGNG–LD as a 

means of removing a strong competitor 

and that the Commission must inquire 

into Scripps’ motive before granting the 

Petition. It also reiterated that while 

LPTV stations are secondary, a harder 

look should be afforded to any proposal 

that would take service from viewers of 

low power stations such as KGNG–LD. 

The Bureau denies King Kong’s 

Opposition and Counterproposal and 

concludes that Scripps’ proposal to 

substitute channel 26 for channel 13 at 

Las Vegas would serve the public 

interest and meets the Commission’s 

technical and interference rules. It is 

axiomatic that LPTV stations, such as 

KGNG–LD, have secondary status and as 

such may not cause objectionable 

interference to existing full power 

stations, and must yield to or accept 

interference from existing full power 

stations that choose to modify where 

new interference will occur. Moreover, 

with respect to King Kong’s request that 

the Bureau disregard KGNG–LD’s 

secondary status and protect it from 

being displaced based on its specific 

programming, in general, section 326 of 

the Communications Act and the First 

Amendment of the U.S. Constitution 

prohibit the Commission from 

overseeing or regulating programming 

format. While King Kong’s service to its 

community and the wide variety of 

programming it airs may be 

commendable, it is not justification to 

provide KGNG–LD greater protection 

than it is permitted under its secondary 

LPTV license or, as King Kong has 

requested, require Scripps to propose a 


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72970 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Rules and Regulations 

different channel and instead displace 

other LPTV stations because those 

stations are either purportedly silent or 

the programming they are providing is, 

in King Kong’s opinion, not as 

noteworthy as KGNG–LD’s 

programming. Doing so would not only 

be contradictory with the Act, the First 

Amendment, and Commission 

precedent, but King Kong’s argument 

with regards to its public service 

completely ignores efforts being 

undertaken by other stations in the 

market. The Bureau also finds King 

Kong’s concerns related to its 

displacement and potential that viewers 

may entirely lose the station to be 

overstated and not grounds for denial of 

the Petition since upon release of this 

Report and Order, King Kong will be 

eligible to file a displacement 

application for channel 13 or any other 

available channel. Commission records 

show that none of the other LPTV 

stations in Las Vegas are presently 

affected by pending or granted full 

power rulemaking petitions or full 

power modification applications, and 

because displacement applications are 

cut-off the day they are filed and major 

modifications for LPTV stations are 

frozen, it is highly unlikely that King 

Kong would face a competing 

application. In addition, while King 

Kong complains that Scripps did not 

provide any engineering data to refute 

the availability of the eight other UHF 

channels identified by King Kong, 

Scripps is not required to do so, and is 

free to choose any channel as a 

substitute channel that complies with 

our technical and community coverage 

requirements. With respect to KGNG– 

LD’s future delivery of ATSC 3.0 

services, the Bureau has consistently 

refused to consider this as a factor in 

channel substitution rulemaking 

proceedings and it does not justify 

altering KGNG–LD’s status as a 

secondary service. The Bureau also 

finds King Kong’s claim that Scripps 

chose to propose to move to channel 26, 

rather than another UHF channel, solely 

to vex King Kong and its principal to be 

conjecture and unfounded. Not only is 

it difficult to see how this unidentified 

conduct could be attributed to Scripps 

since it appears to have occurred before 

Scripps acquired the Station, it is at 

odds with Scripps’ offer to assist King 

Kong in constructing a low power 

facility on channel 13, a fact that King 

Kong does not dispute. The Bureau 

makes clear, however, that its decision 

is in no way based on Scripps’ offer to 

assist moving KGNG–LD to a 

displacement channel 13. The Bureau 

also denies King Kong’s 

counterproposal. As Scripps points out, 

both parties propose Las Vegas so their 

proposals cannot be distinguished 

under the Commission’s television 

allotment policies. In addition, Las 

Vegas already has seven allotted 

channels and under the Commission’s 

allotment policies, which prioritize 

assigning two television channels to a 

community, is not entitled to an 

additional eighth channel at the expense 

of Scripps’ channel substitution request, 

and as Scripps points out, the Bureau 

has acknowledged the public interest 

benefits associated with relocating a full 

power station from a VHF to a UHF 

channel. Moreover, if King Kong wishes 

to operate a full power television station 

in Las Vegas, it may file a petition for 

rulemaking to drop-in one of the eight 

UHF channels that it has identified as 

being available for Scripps’ use in Las 

Vegas. The Bureau also notes that ten 

individuals or entities filed letters in the 

Commission Licensing Management 

System in July, August, and September 

2021, opposing the proposed channel 

substitution, but did not serve Scripps. 

Under the Commission’s rules, any 

comment that has not been served on 

the petitioner constitutes an ex parte 

presentation and shall not be considered 

as part of the proceeding. Nevertheless, 

because these letters merely reiterate 

arguments raised by King Kong, they are 

addressed as part of the Bureau’s 

findings related to King Kong’s 

Opposition. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 21–221; RM–11908; DA 23– 

990, adopted October 18, 2023, and 

released October 18, 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 fcc504@

fcc.gov 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 

■ 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(j), amend the table 

under Nevada by revising the entry for 

Las Vegas, to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

NEVADA 

* * * * * 

Las Vegas ........ 2, 7, * 11, 16, 22, 26, 29 

* * * * * 

[FR Doc. 2023–23466 Filed 10–23–23; 8:45 am] 

BILLING CODE 6712–01–P 


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