Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 48537 

would make strict compliance [with the 

regulation] inconsistent with the public 

interest.’’ The Bureau finds that the 

waiver of the ‘‘red light rule’’ is justified 

in this instance given the national 

security risks posed to U.S. networks by 

Huawei and ZTE covered 

communications equipment and 

services. 

116. Final Regulatory Flexibility 

Certification. The Regulatory Flexibility 

Act of 1980, as amended (RFA), requires 

that an agency prepare a regulatory 

flexibility analysis for notice and 

comment rulemakings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concerns’’ 

under the Small Business Act. A ‘‘small 

business concern’’ is one that: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

117. The Commission prepared Initial 

Regulatory Flexibility Analyses (IRFAs) 

in connection with the 2020 Supply 

Chain Declaratory Ruling, 85 FR 47211, 

August 4, 2020, 2020 Supply Chain 

Second Further Notice of Proposed 

Rulemaking (FNPRM), 85 FR 48134, 

August 10, 2020, and the 2021 Supply 

Chain Third FNPRM, 86 FR 15165, 

March 22, 2021. The Commission 

sought written public comment on the 

proposals in the 2020 Supply Chain 

Declaratory Ruling, 2020 Supply Chain 

Second FNPRM, and the 2021 Supply 

Chain Third FNPRM, including 

comments on the IRFAs. No comments 

were filed addressing the IRFAs. The 

Commission included Final Regulatory 

Flexibility Analyses (FRFAs) in 

connection with the 2020 Supply Chain 

Order and the 2021 Supply Chain 

Order. 

118. This document establishes 

procedures for the Reimbursement 

Program to implement the rules adopted 

by the Commission for the 

Reimbursement Program in the 2020 

Supply Chain Order and in the 2021 

Supply Chain Order. In particular, this 

document establishes procedures for, 

among other things, determining 

program eligibility and participating in 

the program, including the filing and 

processing of applications. The 

procedures established in this document 

flow from the proposals set forth in the 

2020 Supply Chain Declaratory Ruling, 

2020 Supply Chain Second FNPRM, and 

the 2021 Supply Chain Third FNPRM 

and discussed in the IRFAs 

accompanying those Notices, and are 

consistent with the requirements 

established in the 2020 Supply Chain 

Order and the 2021 Supply Chain Order 

and addressed in the FRFAs 

accompanying those Orders. 

Accordingly, no changes to our earlier 

analyses are required. 

119. The Bureau has determined that 

the impact on the entities affected by 

the requirements contained in this 

document will not be significant. The 

effect of these measures is to establish 

for the benefit of those entities, 

including small entities, the procedures 

for filing an application consistent with 

existing rules, to participate in the 

Reimbursement Program to obtain 

funding support to remove from their 

networks, replace, and dispose of 

communications equipment and service 

considered a national security risk. 

120. The Bureau therefore certifies 

that the requirements of this document 

will not have a significant economic 

impact on a substantial number of small 

entities. The Bureau will send a copy of 

the document including a copy of this 

Final Regulatory Flexibility 

Certification, in a report to Congress 

pursuant to the Congressional Review 

Act. In addition, the document and this 

final certification will be sent to the 

Chief Counsel for Advocacy of the SBA, 

and will be published in the Federal 

Register. 

Federal Communications Commission. 

Cheryl Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division, Wireline Competition Bureau. 

[FR Doc. 2021–18446 Filed 8–30–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–60; RM–11844; DA 21– 

1038; FR ID 45283] 

Television Broadcasting Services 

Superior and York, Nebraska 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On March 10, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to an amended 

rulemaking petition filed by Gray 

Television Licensee, LLC (Gray), the 

licensee of KSNB–TV, channel 4 (NBC/ 

MyNetwork), Superior, Nebraska. Gray 

requested that the Commission delete 

channel 4 from Superior and allot it to 

York, Nebraska in the DTV Table of 

Allotments and substitute channel 24 

for channel 4 at York in the Table 

consistent with the technical parameters 

set forth in its Amended Petition. For 

the reasons set forth in the Report and 

Order referenced below, the Bureau 

amends FCC regulations to delete 

channel 4 from Superior and allot it to 

York, and then substitute channel 24 for 

channel 4 at York consistent with the 

technical parameters set forth in its 

amended petition. 

DATES: Effective August 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

15180 on May 21, 2021. Because Gray’s 

proposal that the Bureau allot channel 

24 to York is not mutually exclusive 

with its existing channel 4 allotment at 

Superior and would result in removal of 

Superior’s sole local transmission 

outlet, the NPRM sought comment on 

whether to waive section 1.420(i) of the 

Commission’s rules regarding mutual 

exclusivity, and the Commission’s 

allotment policy disfavoring the 

removal of a community’s sole first local 

service. Gray filed comments in support 

of the petition reaffirming its 

commitment to apply for channel 24 

and filed amended comments at the 

Bureau’s request to more fully address 

the waiver issues. In addition to KSNB– 

TV, Gray is the licensee of KOLN, 

Lincoln, Nebraska. KOLN’s tower 

collapsed in 2020 and according to 

Gray, given the imminent failure of 

KSNB–TV’s existing technical facility, 

rebuilding KSNB–TV on channel 24 at 

the new KOLN tower would resolve 

VHF-related reception issues in certain 

areas of KSNB–TV’s current predicted 

service area, and save several hundred 

thousand dollars in construction costs. 

With respect to the mutual exclusivity 

requirement, the Commission adopted 

section 1.420 to allow a television 

station to request a new community of 

license without subjecting the station to 

the risk of losing its license to 

competing applications if the change in 

community of license was mutually 

exclusive with the station’s current 

allotment, so that the change would not 

deprive potential future applicants of 

the opportunity to apply for a new 

station to serve the area. Gray 

demonstrated that multiple channels are 

currently available for future allotment 

in the Superior/York/Lincoln, Nebraska 

area and, thus, because the underlying 


khammond on DSKJM1Z7X2PROD with RULES
48538 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 

purpose of the rule would not be 

frustrated by changing KSNB–TV’s 

community of license without allowing 

competing expressions of interest, the 

Bureau waived this requirement of 

section 1.420 of the rules. The Bureau 

also waived the Commission’s policy 

disfavoring the removal of a sole local 

service allotted to a community. York is 

significantly larger than Superior, and 

grant of a waiver to allow KSNB–TV to 

collocate with KOLN would result in 

the provision of first, second, and third 

television service to a substantial 

number of persons. Moreover, other 

important public interest benefits would 

accrue by permitting KSNB–TV to 

change its channel and community, and 

collocate with KOLN, including 

operational and economic efficiencies 

and resolving low VHF reception 

problems for KSNB–TV. There are also 

a number of channels that may be 

allotted to Superior if an interested 

party wishes to pursue acquiring a 

construction permit for a new station in 

the area. In addition, Superior would 

receive improved service from KSNB– 

TV’s operation on channel 24 on the 

KOLN tower. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 21–60; RM–11884; DA 21– 

1038, adopted August 23, 2021, and 

released August 24, 2021. 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, in paragraph (i), amend 

the Post-Transition Table of DTV 

Allotments, under Nebraska, by 

removing the entry for ‘‘Superior’’ and 

adding an entry for ‘‘York’’ in 

alphabetical order. 

The additions reads as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) * * * 

Community Channel No. 

* * * * * 

NEBRASKA 

* * * * * 

York ....................................... 24 

* * * * * 

[FR Doc. 2021–18783 Filed 8–30–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–254; RM–11911; DA 21– 

1039; FR ID 45276] 

Television Broadcasting Services 

Fredericksburg, Texas. 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On June 16, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by Corridor Television, 

L.L.P. (Petitioner), the licensee of KCWX 

(MyNetwork), channel 5, 

Fredericksburg, Texas, requesting the 

substitution of channel 8 for channel 5 

at Fredericksburg in the DTV Table of 

Allotments. For the reasons set forth in 

the Report and Order referenced below, 

the Bureau amends FCC regulations to 

substitute channel 8 for channel 5 at 

Fredericksburg. 

DATES: Effective August 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

33612 on June 25, 2021. The Petitioner 

filed comments in support of the 

petition reaffirming its commitment to 

apply for channel 8. The Petitioner 

states that since it converted to digital 

channel 5 operations in 2009, it has 

received numerous complaints from the 

public about poor reception, and while 

it is operating with an effective radiated 

power of 45 kW, this power increase did 

not resolve the reception issues. The 

Petitioner recounts the steps it has taken 

to improve reception on its low-VHF 

channel, including obtaining 

authorizations for digital replacement 

translators, but concludes that it has no 

option to resolve the Station’s reception 

problems other than to move from its 

low-VHF channel 5 to high-VHF 

channel 8. The Petitioner proposes to 

utilize a Distributed Transmission 

System (DTS) facility comprised of six 

single frequency network (SFN) nodes 

and identified three separate loss areas. 

The Petitioner submitted documentation 

showing that one loss area would 

continue to be served by five other fullpower television stations and another 

loss area would continue to be served by 

eight other full-power television 

stations. While the third loss area would 

only continue to receive service from 

one full-power television stations, only 

14 people live in this area. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 21–254; RM–11911; DA 21– 

1039, adopted August 23, 2021, and 

released August 24, 2021. 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 


khammond on DSKJM1Z7X2PROD with RULES