39790 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

(ii) State emergency services directors, 

National Guard leadership, Federal and state 

damage assessment team leaders; 

(iii) Federal, state and local personnel with 

continuity of government responsibilities; 

(iv) Incident command center managers, 

local emergency managers, other state and 

local elected public safety officials; and 

(v) Federal personnel with intelligence and 

diplomatic responsibilities. 

(3) Public Health, Safety and Law 

Enforcement Command. 

Users who qualify for the Public Health, 

Safety, and Law Enforcement Command 

category will be assigned Priority Level 3. 

This priority level includes individuals who 

conduct operations critical to life, property, 

and maintenance of law and order 

immediately following an emergency event. 

Examples of users who are eligible for 

Priority Level 3 include personnel from the 

following categories: 

(i) Federal law enforcement; 

(ii) State police; 

(iii) Local fire and law enforcement; 

(iv) Emergency medical services; 

(v) Search and rescue; 

(vi) Emergency communications; 

(vii) Critical infrastructure protection; and 

(viii) Hospital personnel. 

(4) Public Services/Utilities and Public 

Welfare. 

Users who qualify for the Public Services/ 

Utilities and Public Welfare category will be 

assigned Priority Level 4. This priority level 

includes individuals who manage public 

works and utility infrastructure damage 

assessment and restoration efforts and 

transportation to accomplish emergency 

response activities. Examples of users who 

are eligible for Priority Level 4 include 

personnel from the following categories: 

(i) Army Corps of Engineers; 

(ii) Power, water, and sewage; 

(iii) Communications; 

(iv) Transportation; and 

(v) Financial services. 

(5) Disaster Recovery. 

Users who qualify for the Disaster 

Recovery category will be assigned Priority 

Level 5. This priority level includes 

individuals who manage a variety of recovery 

operations after the initial response has been 

accomplished. These functions may include 

managing medical resources such as 

supplies, personnel, or patients in medical 

facilities. Other activities such as 

coordination to establish and stock shelters, 

to obtain detailed damage assessments, or to 

support key disaster field office personnel 

may be included. Examples of users who are 

eligible for Priority Level 5 include personnel 

from the following categories: 

(i) Medical recovery; 

(ii) Detailed damage assessment; 

(iii) Emergency shelter; and 

(iv) Joint Field Office support personnel. 

b. These priority levels were selected to 

meet the needs of NSEP users who manage 

and respond to national security and public 

safety emergency situations, particularly 

during the first 24 to 72 hours following an 

event. 

c. The entities listed above are examples of 

the groups of users who may qualify for each 

priority level. The lists are non-exhaustive; 

other users may qualify for WPS, including 

those from the critical infrastructure sectors 

identified in Presidential Policy Directive 21. 

However, specific eligibility determinations 

and priority level assignments are made by 

DHS. 

7. Appeal 

Service users and authorizing agents may 

appeal any priority level assignment, denial, 

revision, or revocation to DHS within 30 days 

of notification to the service user. If a dispute 

still exists following DHS action, an appeal 

may then be made to the FCC within 30 days 

of notification of DHS’s decision. The party 

filing the appeal must include factual details 

supporting its claim and must provide a copy 

of the appeal to DHS and any other party 

directly involved. Involved parties may file a 

response to the appeal made to the FCC 

within 20 days, and the initial filing party 

may file a reply within 10 days thereafter. 

The FCC will provide notice of its decision 

to the parties of record. Until a decision is 

made, the service will remain status quo. 

8. Preemption or Degradation of Existing 

Services 

Service providers may preempt or degrade 

in-progress voice, data, text, and video 

communications from NSEP users assigned 

to any priority level, except for public safety 

emergency (911) communications, when 

necessary to prioritize eligible WPS 

communications. 

a. Service providers are not required to 

offer preemption or degradation. 

b. Preemption and degradation are 

authorized for all five priority levels. 

c. Preemption and degradation are not 

subject to the consent of the user whose 

service will be preempted or degraded. 

9. Priority Signaling 

Service providers may offer priority 

signaling to ensure networks can detect WPS 

handset registration and service invocation. 

[FR Doc. 2022–14155 Filed 7–1–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–155; RM–11900; DA 22– 

660; FR ID 93699] 

Television Broadcasting Services 

Medford, Oregon. 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On April 16, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by KTVL Licensee, 

LLC (the Petitioner), the licensee of 

KTVL(TV), channel 10, Medford, 

Oregon, requesting the substitution of 

channel 16 for channel 10 at Medford in 

the Table of Allotments. The Bureau is 

now amending FCC regulations to make 

this change. 

DATES: Effective July 5, 2022. 

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 

25979 on May 12, 2021. The Petitioner 

filed comments in support of the 

petition reaffirming its commitment to 

apply for channel 16. theDove Media, 

Inc. (theDove), the licensee of low 

power television station KDSO–LP, 

channel 16, Medford, Oregon, filed 

comments in opposition to the 

rulemaking petition and a 

counterproposal. On June 22, 2022, the 

Video Division of the Bureau approved 

a Joint Request for Approval of 

Settlement Agreement whereby theDove 

requested dismissal of its Opposition 

with prejudice, and the Petitioner 

agreed to reimburse theDove in an 

amount not to exceed $23,420 as 

reimbursement for costs related to 

theDove’s acquisition and construction 

of a displacement facility on channel 26 

at Medford. The parties also agreed that 

KTVL would not begin operations on 

channel 16 until KDSO–LP commenced 

operations on channel 26. The Video 

Division approved the Joint Request for 

Approval of Settlement Agreement and 

dismissed theDove’s opposition by letter 

dated June 22, 2022. 

The Petitioner states that the 

Commission has recognized that VHF 

channels have certain propagation 

characteristics which may cause 

reception issues for some viewers, that 

the reception of VHF signals require 

larger antennas relative to UHF 

channels, and that studies suggest a 

large variability in the performance of 

indoor antennas, with most performing 

poorly or not so well receiving VHF 

channels, compared to UHF channels. 

Petitioner further states that the Station 

has received numerous complaints from 

viewers unable to receive the Station’s 

over-the-air signal, despite being able to 

receive signals from other local stations. 

In addition, the Petitioner states while 

the proposed channel 16 noise limited 

contour does not completely encompass 

the channel 10 noise limited contour, 

KTVL is a CBS affiliate and there are 

two other CBS affiliated stations that 

serve all but 9,355 persons in the noise 

limited contour loss area.1 The 

Petitioner also submitted an analysis, 

using the Commission’s TVStudy 

software analysis program, 

demonstrating that after taking into 

account service provided by other CBS 

stations, all of the population located 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 39791 

within KTVL’s channel 10 noise limited 

contour will continue to receive CBS 

service, resulting in no loss of network 

service. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 21–155; RM–11900; DA 22– 

660, adopted June 22, 2022, and 

released June 22, 2022. 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(j), amend the Table of 

Allotments, under Oregon, by revising 

the entry for Medford to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

Oregon 

* * * * * 

Medford ..................... 5, *8, 12, 16, 26. 

* * * * * 

[FR Doc. 2022–14201 Filed 7–1–22; 8:45 am] 

BILLING CODE 6712–01–P 


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