[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16155-16156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05932]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-112; RM-11919; DA 22-240; FRS 77494]


Television Broadcasting Services Weston, West Virginia

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by Gray Television Licensee, LLC (Petitioner), the licensee of WDTV 
(CBS), channel 5, Weston, West Virginia. The Petitioner requests the 
substitution of channel 33 for channel 5 at Weston in the Table of 
Allotments.

DATES: Comments must be filed on or before April 21, 2022 and reply 
comments on or before May 6, 2022.

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: Joan Stewart, Esq., Wiley Rein LLP, 2050 M 
Street NW, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#32785d4b51571c7057405c4146575b5c725451511c555d44"><span class="__cf_email__" data-cfemail="074d687e646229456275697473626e694761646429606871">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In support, the Petitioner states the 
proposed channel substitution serves the public interest because it 
will resolve significant over-the-air reception problems in WDTV's 
existing service area. The Petitioner further states that the 
Commission has recognized the deleterious effects manmade noise has on 
the reception of digital VHF signals, and that the propagation 
characteristics of these channels allow undesired signals and noise to 
be receivable at relatively farther distances compared to UHF channels 
and nearby electrical devices can cause interference. A total of 
388,223 persons are predicted to lose service using a contour analysis 
if the Bureau grants the channel 33 proposal. In evaluating the loss 
areas, Gray first considered to what extent the loss areas were served 
by other CBS affiliates, and concluded that all but 4,142 persons would 
continue to receive CBS service from other stations in the region, as 
well as continue to be well served by five or more television services.
    According to the Petitioner, a terrain-limited analysis using the 
Commission's TVStudy software demonstrates that only 498 persons would 
no longer receive CBS network programming, or receive service from five 
or more full power television services. Gray also took into account its 
licensed sister station WVFX, which is co-located with WDTV and carries 
CBS network programing on a multicast channel. In addition, Gray relies 
on CBS programming carried on commonly owned and operated station WIYE-
LD, Parkersburg, West Virginia. We note that while low power television 
stations are secondary and can be displaced by full power television 
stations, we believe it is unlikely that WIYE-LD will be displaced, and 
determined that there are multiple displacement channels available if 
it was displaced.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 22-112; RM-11919; DA 22-240, adopted March 9, 
2022, and released March 9, 2022. 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 <a href="/cdn-cgi/l/email-protection#abede8e89e9b9febcdc8c885ccc4dd"><span class="__cf_email__" data-cfemail="9ed8ddddabaeaadef8fdfdb0f9f1e8">[email protected]</span></a> 
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 Sec.  1.1204(a) of the Commission's 
rules, 47 CFR 1.1204(a).
    See Sec. Sec.  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 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 Post-Transition Table of DTV 
Allotments under West Virginia by revising the entry for Weston to read 
as follows:

[[Page 16156]]

Sec.  73.622  Digital television table of allotments.

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    (j) * * *

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                 Community                           Channel No.
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                                * * * * *
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                              WEST VIRGINIA
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                                * * * * *
Weston....................................  33
 
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[FR Doc. 2022-05932 Filed 3-21-22; 8:45 am]
BILLING CODE 6712-01-P


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