[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81350-81351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25394]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-286; RM-11960; DA 23-1054; FR ID 184696]


Television Broadcasting Services Winnemucca, Nevada

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 Gray Television Licensee, LLC (Petitioner or Gray), 
the licensee of unbuilt television station KWNV(DT) (KWNV or Station), 
channel 7, Winnemucca, Nevada (Winnemucca). The Petitioner has 
requested the substitution of UHF channel 16 for VHF channel 7 in the 
Table of TV Allotments. The Petitioner filed comments in support of the 
petition, as required by the Commission's rules (rules), reaffirming 
its commitment to apply for channel 16.

DATES: Effective November 22, 2023.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#652f0a1c06004b2700170b1611000c0b250306064b020a13"><span class="__cf_email__" data-cfemail="fcb693859f99d2be998e928f88999592bc9a9f9fd29b938a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
59836 on August 30, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel 16. No 
other comments were received.
    The Bureau believes the public interest would be served by 
substituting channel 16 for channel 7 at Winnemucca. In support of its 
channel substitution request, Gray states that building out its new 
station on a UHF channel will avoid well-documented issues with indoor 
digital VHF reception. Gray observes that the Commission has recognized 
the deleterious effects manmade noise has on the reception of VHF 
channel signals, and the large variability in the performance of indoor 
antennas receiving UHF and VHF signals, with the substantial majority 
poorly receiving high-VHF channel signals compared to UHF channel 
signals. We also find that the proposal complies with all relevant 
technical requirements for amendment of the Table of TV Allotments, 
including the interference protection requirements of section 73.616 of 
the rules, and the proposed channel 16 facility will provide full 
principal community coverage to Winnemucca. In addition, proposed 
channel 16 noise limited service contour (NLSC) almost entirely 
encompasses the authorized channel 7 NLSC, and Gray does not propose a 
change in transmitter location. We also note that no viewers will lose 
any existing service because as a permittee, Gray has not commenced 
operations in Winnemucca.
    As proposed, channel 16 can be substituted for channel 7 at 
Winnemucca in compliance with the principal community coverage 
requirements of section 73.625(a) of the rules, at coordinates 
41[deg]00'31.0'' N and 117[deg]46'13.0'' W. In addition, we find that 
this channel change meets the technical requirements set forth in 
sections 73.616 and 73.623 of the rules. We also conclude that good 
cause exists to make this channel change effective immediately upon 
publication in the Federal Register, pursuant to section 553(d)(3) of 
the Administrative Procedure Act. An expedited effective date is 
necessary in this case to ensure that KWNV can operate with improved 
service to its viewers as quickly as possible.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-286; RM-11960; DA 23-1054, adopted November 7, 2023, and 
released November 7, 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#c2a4a1a1f7f2f682a4a1a1eca5adb4"><span class="__cf_email__" data-cfemail="6b0d08085e5b5f2b0d0808450c041d">[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 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.


[[Page 81351]]



0
2. In Sec.  73.622 (j), amend the Table of TV Allotments under Nevada 
by revising the entry for Winnemucca 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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                                 Nevada
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                                * * * * *
Winnemucca..............................................              16
 
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[FR Doc. 2023-25394 Filed 11-21-23; 8:45 am]
BILLING CODE 6712-01-P


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