[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77009-77010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24652]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-296; RM-11964; DA 23-1030; FR ID 183180]


Television Broadcasting Services Des Moines, Iowa

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Video Division, Media Bureau (Bureau) has before it a 
notice of proposed rulemaking issued in response to a petition for 
rulemaking filed by Iowa Public Broadcasting Board (Petitioner), the 
licensee of noncommercial educational television PBS member station 
KDIN-TV (KDIN-TV or Station), channel *11, Des Moines, Iowa. The 
Petitioner has requested the substitution of channel *34 in place of 
channel *11 at Des Moines in the Table of TV Allotments, and requested 
that we delete vacant channel *34, Ames, Iowa (Ames) and substitute it 
with the allotment of vacant channel *21 to Ames. Petitioner filed 
comments in support of the petition, as required by the Commission's 
rules (rules), reaffirming its commitment to apply for channel *34.

DATES: Effective November 8, 2023.

FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202) 
418-1665 or <a href="/cdn-cgi/l/email-protection#1550787c796c3b5d7467677c667a7b557376763b727a63"><span class="__cf_email__" data-cfemail="3471595d584d1a7c5546465d475b5a745257571a535b42">[email protected]</span></a>.

[[Page 77010]]


SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
60611 on September 5, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel *34. No 
other comments were received.
    The Bureau believes the public interest would be served by 
substituting channel *34 for channel *11 at Des Moines. Petitioner 
asserts that the channel substitution from a VHF to UHF channel would 
serve the public interest by resolving viewer reception challenges and 
significantly improving the Station's over-the-air service to the 
viewers in its existing service area. Petitioner includes with its 
Petition a number of viewer complaints highlighting current reception 
problems. Petitioner states that the Commission has recognized that VHF 
channels pose challenges for their use in providing digital television 
service, including propagation characteristics that allow undesired 
signals and noise to be receivable at relatively far distances and 
large variability in the performance of indoor antennas available to 
viewers, with most antennas performing very poorly on high VHF 
channels. An engineering statement provided by the Petitioner confirms 
that the proposed channel *34 contour would provide full principal 
community coverage to Des Moines. The proposed move from channel *11 to 
channel *34 is also predicted not to create a loss of service to any 
viewers, and will increase the area covered while serving the 
population with higher signal levels, according to the engineering 
statement. Petitioner acknowledges that the proposed channel 
substitution would not meet the distance separation requirements 
regarding the vacant channel *34 allotment at Ames. As a result, 
Petitioner requests that simultaneously with the substitution of 
channel *34 at Des Moines, we delete the vacant channel *34 allotment 
at Ames and substitute it with the allotment of vacant channel *21 to 
Ames. As stated in its supplemental engineering statement, the proposed 
channel *21 is described as meeting the distance criteria found in 
Sec.  73.623(d) of the rules, and an analysis using the Commission's 
TVStudy software is provided showing no interference to any other 
station or allotment.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-296; RM-11964; DA 23-1030, adopted November 1, 2023, and 
released November 1, 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 <a href="/cdn-cgi/l/email-protection#b9dfdada8c898df9dfdada97ded6cf"><span class="__cf_email__" data-cfemail="fc9a9f9fc9ccc8bc9a9f9fd29b938a">[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 the 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 SERVICES

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(j), amend the Table of TV Allotments, under 
``Iowa,'' by revising the entries for ``Ames'' and ``Des Moines'' to 
read as follows:


Sec.  73.622   Digital television table of allotments.

* * * * *
    (j) * * *

------------------------------------------------------------------------
                 Community                           Channel No.
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                                * * * * *
                   Iowa
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Ames......................................  5, *21, 23
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                                * * * * *
Des Moines................................  8, 13, 16, 19, *34
 
                                * * * * *
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[FR Doc. 2023-24652 Filed 11-7-23; 8:45 am]
BILLING CODE 6712-01-P


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