Television Broadcasting Services Wittenberg and Shawano, Wisconsin, 72417-72418 [2023-22861]
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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules
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List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 00170.1. Revision No.
01.3.
2. Stay § 117.261(q) from 12:01 a.m.
on December 30, 2023, through 11:59
p.m. on August 31, 2025.
■ 3. Add temporary § 117.261(p) from
12:01 a.m. on December 30, 2023,
through 11:59 p.m. on August 31, 2025,
to read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
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§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
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(p) Indiantown Road Bridge, mile
1006.2, at Jupiter. The draw shall open
on the hour and half hour except that
the draw need not open daily from 7
a.m. to 9 a.m. and 4 p.m. to 6 p.m.
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VerDate Sep<11>2014
17:23 Oct 19, 2023
Jkt 262001
Dated: October 13, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
[FR Doc. 2023–23259 Filed 10–19–23; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 23–336; RM–11967; DA 23–
936; FR ID 177970]
Television Broadcasting Services
Wittenberg and Shawano, Wisconsin
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Video Division, Media
Bureau (Bureau) has before it a petition
for rulemaking filed by TV–49, Inc.
(Petitioner or TV–49), the permittee of
an unbuilt television station on channel
31 allotted to Wittenberg, Wisconsin.
TV–49 requests an amendment of the
Table of TV Allotments to delete
channel 31 at Wittenberg and substitute
channel 31 at Shawano, Wisconsin,
consistent with the technical parameters
set forth in the Petition, as amended.
The Petitioner further requests
modification of its construction permit
to specify Shawano as its community of
license.
DATES: Comments must be filed on or
before November 20, 2023 and reply
comments on or before December 4,
2023.
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:
Matthew S. Delnero, Esq., Covington &
Burling, LLP, 850 Tenth Street NW,
Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647; or Joyce Bernstein, Media
Bureau, at Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission has stated that it will apply
the modification procedure in section
1.420(i) of the rules, which provides
that the Commission may, in connection
with a rulemaking proceeding to amend
the Table of TV Allotments, modify a
station’s license or construction permit
to specify a new community of license
without affording other interested
parties an opportunity to file competing
expressions of interest, where the new
allotment will be mutually exclusive
SUMMARY:
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72417
with a station’s existing allotment. The
Technical Exhibit submitted with the
Amended Petition demonstrates that the
proposed allotment of channel 31 at
Shawano is mutually exclusive with the
current allotment at Wittenberg, and is
otherwise in compliance with all of our
technical rules. The Petitioner also
emphasizes that Wittenberg will not
lose any existing service because as a
permittee, TV–49 has not commenced
operations in Wittenberg, and thus no
viewers have come to rely on any
existing service, a factor the
Commission has found to be mitigating
in the context of whether it would
remove the sole channel allotted to a
community. Moreover, the Petitioner
states that the communities are only
thirty miles apart and Wittenberg will
still be within the noise limited contour
of the channel 31 facility constructed at
Shawano. The Petitioner further asserts
that providing Shawano, the county seat
of Shawano County and a community
that is nine times larger than
Wittenberg, with its first local television
service is the type of rare circumstance
which justifies a waiver of the general
prohibition on the removal of a
community’s sole first local service.
According to the Petitioner, Shawano’s
Census 2020 population is 9,243 people,
while Wittenberg’s Census 2020
population is 1,015. Shawano is
governed by a mayor and six
alderpersons, who collectively comprise
its Common Council. The Shawano
school district operates five public
schools, there are also three religiouslyaffiliated private schools in Shawano,
and Northeast Wisconsin Technical
College also operates a Regional
Learning Campus in Shawano. Shawano
also provides a number of municipal
services through the Shawano-Bonduel
Municipal Court, the Shawano
Department of Public Works, the
Shawano Police Department, and the
Shawano Municipal Utilities. Petitioner
states that given the foregoing, it is clear
that Shawano has the population and
public services indicative of a
community deserving of its own
television station. Moreover, the
Petitioner asserts that six licensed full
power television stations currently
provide noise-limited service to all of
Wittenberg and the Petitioner
demonstrates that once the Station
commences operations it will also
provide noise-limited service to
Wittenberg.
This is a synopsis of the
Commission’s Notice of Proposed
Rulemaking, MB Docket No. 23–336;
RM–11967; DA 23–936, adopted
October 6, 2023, and released October 6,
E:\FR\FM\20OCP1.SGM
20OCP1
72418
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
2023. 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
FCC504@fcc.gov 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 section 1.1204(a)
VerDate Sep<11>2014
17:23 Oct 19, 2023
Jkt 262001
of the Commission’s rules, 47 CFR
1.1204(a).
See Sections 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.
§ 73.622 Digital television table of
allotments.
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(j) * * *
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Community
Channel No.
List of Subjects in 47 CFR Part 73
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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
SERVICE
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Shawano .................................
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Wisconsin
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Wittenberg .............................. ......................
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BILLING CODE 6712–01–P
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 the table in
paragraph (j), under Wisconsin, add an
entry for ‘‘Shawano’’ in alphabetical
order, and revise the entry for
‘‘Wittenberg’’ to read as follows:
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[FR Doc. 2023–22861 Filed 10–19–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Proposed Rules]
[Pages 72417-72418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22861]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 23-336; RM-11967; DA 23-936; FR ID 177970]
Television Broadcasting Services Wittenberg and Shawano,
Wisconsin
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Video Division, Media Bureau (Bureau) has before it a
petition for rulemaking filed by TV-49, Inc. (Petitioner or TV-49), the
permittee of an unbuilt television station on channel 31 allotted to
Wittenberg, Wisconsin. TV-49 requests an amendment of the Table of TV
Allotments to delete channel 31 at Wittenberg and substitute channel 31
at Shawano, Wisconsin, consistent with the technical parameters set
forth in the Petition, as amended. The Petitioner further requests
modification of its construction permit to specify Shawano as its
community of license.
DATES: Comments must be filed on or before November 20, 2023 and reply
comments on or before December 4, 2023.
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: Matthew S. Delnero, Esq., Covington & Burling,
LLP, 850 Tenth Street NW, Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
(202) 418-1647; or Joyce Bernstein, Media Bureau, at
[email protected].
SUPPLEMENTARY INFORMATION: The Commission has stated that it will apply
the modification procedure in section 1.420(i) of the rules, which
provides that the Commission may, in connection with a rulemaking
proceeding to amend the Table of TV Allotments, modify a station's
license or construction permit to specify a new community of license
without affording other interested parties an opportunity to file
competing expressions of interest, where the new allotment will be
mutually exclusive with a station's existing allotment. The Technical
Exhibit submitted with the Amended Petition demonstrates that the
proposed allotment of channel 31 at Shawano is mutually exclusive with
the current allotment at Wittenberg, and is otherwise in compliance
with all of our technical rules. The Petitioner also emphasizes that
Wittenberg will not lose any existing service because as a permittee,
TV-49 has not commenced operations in Wittenberg, and thus no viewers
have come to rely on any existing service, a factor the Commission has
found to be mitigating in the context of whether it would remove the
sole channel allotted to a community. Moreover, the Petitioner states
that the communities are only thirty miles apart and Wittenberg will
still be within the noise limited contour of the channel 31 facility
constructed at Shawano. The Petitioner further asserts that providing
Shawano, the county seat of Shawano County and a community that is nine
times larger than Wittenberg, with its first local television service
is the type of rare circumstance which justifies a waiver of the
general prohibition on the removal of a community's sole first local
service. According to the Petitioner, Shawano's Census 2020 population
is 9,243 people, while Wittenberg's Census 2020 population is 1,015.
Shawano is governed by a mayor and six alderpersons, who collectively
comprise its Common Council. The Shawano school district operates five
public schools, there are also three religiously-affiliated private
schools in Shawano, and Northeast Wisconsin Technical College also
operates a Regional Learning Campus in Shawano. Shawano also provides a
number of municipal services through the Shawano-Bonduel Municipal
Court, the Shawano Department of Public Works, the Shawano Police
Department, and the Shawano Municipal Utilities. Petitioner states that
given the foregoing, it is clear that Shawano has the population and
public services indicative of a community deserving of its own
television station. Moreover, the Petitioner asserts that six licensed
full power television stations currently provide noise-limited service
to all of Wittenberg and the Petitioner demonstrates that once the
Station commences operations it will also provide noise-limited service
to Wittenberg.
This is a synopsis of the Commission's Notice of Proposed
Rulemaking, MB Docket No. 23-336; RM-11967; DA 23-936, adopted October
6, 2023, and released October 6,
[[Page 72418]]
2023. 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 [email protected] 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 section 1.1204(a) of the
Commission's rules, 47 CFR 1.1204(a).
See Sections 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 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 the table in paragraph (j), under Wisconsin, add
an entry for ``Shawano'' in alphabetical order, and revise the entry
for ``Wittenberg'' to read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(j) * * *
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Community Channel No.
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Wisconsin
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Shawano................................................... 31
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Wittenberg................................................ ............
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[FR Doc. 2023-22861 Filed 10-19-23; 8:45 am]
BILLING CODE 6712-01-P
