[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48537-48538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18783]


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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.

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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 <a href="/cdn-cgi/l/email-protection#105a7f6973753e5275627e636475797e507673733e777f66"><span class="__cf_email__" data-cfemail="df95b0a6bcbaf19dbaadb1acabbab6b19fb9bcbcf1b8b0a9">[email protected]</span></a>.

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

[[Page 48538]]

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 <a href="/cdn-cgi/l/email-protection#791f1a1a4c494d391f1a1a571e160f"><span class="__cf_email__" data-cfemail="f0969393c5c0c4b0969393de979f86">[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.


0
2. In Sec.  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:


Sec.  73.622   Digital television table of allotments.

* * * * *
    (i) * * *

------------------------------------------------------------------------
                Community                           Channel No.
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                                * * * * *
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                                NEBRASKA
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                                * * * * *
York.....................................  24
 
                                * * * * *
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[FR Doc. 2021-18783 Filed 8-30-21; 8:45 am]
BILLING CODE 6712-01-P


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