Television Broadcasting Services Superior and York, Nebraska, 48537-48538 [2021-18783]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 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 VerDate Sep<11>2014 19:07 Aug 30, 2021 Jkt 253001 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 Federal Communications Commission. ACTION: Final rule. AGENCY: 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/ SUMMARY: PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 48537 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 E:\FR\FM\31AUR1.SGM 31AUR1 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. VerDate Sep<11>2014 19:07 Aug 30, 2021 Jkt 253001 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. * * * * 24 * * * NEBRASKA * * * York ....................................... * * * [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. Federal Communications Commission. ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 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 E:\FR\FM\31AUR1.SGM 31AUR1

Agencies

[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]


-----------------------------------------------------------------------

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 [email protected].

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 [email protected] 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.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                                NEBRASKA
------------------------------------------------------------------------
 
                                * * * * *
York.....................................  24
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2021-18783 Filed 8-30-21; 8:45 am]
BILLING CODE 6712-01-P
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