Television Broadcasting Services Las Vegas, Nevada, 72968-72970 [2023-23466]

Download as PDF 72968 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Rules and Regulations number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, Navigation (Air). Issued in Washington, DC, on October 13, 2023. Thomas J. Nichols, Manager, Aviation Safety, Flight Standards Service, Standards Section, Flight Procedures & Airspace Group, Flight Technologies & Procedures Division. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, 14 CFR part 97 is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. 2. Part 97 is amended to read as follows: ddrumheller on DSK120RN23PROD with RULES1 ■ Effective 30 November 2023 Safford, AZ, KSAD, RNAV (GPS) RWY 12, Amdt 1 Safford, AZ, KSAD, RNAV (GPS) RWY 30, Amdt 1 Tucson, AZ, KTUS, ILS OR LOC RWY 11L, Amdt 14E, CANCELED Tucson, AZ, KTUS, ILS OR LOC RWY 12, Orig Tucson, AZ, KTUS, RNAV (GPS) RWY 4, Amdt 1C Tucson, AZ, KTUS, RNAV (GPS) RWY 11R, Orig-E, CANCELED Tucson, AZ, KTUS, RNAV (GPS) RWY 22, Orig-E Tucson, AZ, KTUS, RNAV (GPS) RWY 29L, Amdt 1B, CANCELED Tucson, AZ, KTUS, RNAV (GPS) Z RWY 11L, Amdt 1D, CANCELED Tucson, AZ, KTUS, RNAV (GPS) Z RWY 12, Orig Tucson, AZ, KTUS, RNAV (GPS) Z RWY 29R, Amdt 2F, CANCELED Tucson, AZ, KTUS, RNAV (GPS) Z RWY 30, Orig Tucson, AZ, KTUS, RNAV (RNP) Y RWY 12, Orig Tucson, AZ, KTUS, RNAV (RNP) Y RWY 30, Orig Tucson, AZ, KTUS, VOR OR TACAN RWY 11L, Amdt 1D, CANCELED Tucson, AZ, KTUS, VOR OR TACAN RWY 12, Orig Tucson, AZ, KTUS, VOR OR TACAN RWY 29R, Amdt 2G, CANCELED VerDate Sep<11>2014 15:59 Oct 23, 2023 Jkt 262001 Tucson, AZ, KTUS, VOR OR TACAN RWY 30, Orig Denver, CO, KDEN, RNAV (GPS) Y RWY 16R, Orig Denver, CO, KDEN, RNAV (GPS) Y RWY 16R, Amdt 1D, CANCELED Denver, CO, KDEN, RNAV (RNP) Z RWY 16R, Orig Denver, CO, KDEN, RNAV (RNP) Z RWY 16R, Orig-C, CANCELED Cochran, GA, 48A, Takeoff Minimums and Obstacle DP, Amdt 2A Monticello, IA, KMXO, RNAV (GPS) RWY 15, Amdt 1D Monticello, IA, KMXO, RNAV (GPS) RWY 33, Amdt 1C Monticello, IA, KMXO, Takeoff Minimums and Obstacle DP, Amdt 4A Chicago/Prospect Heights/Wheeling, IL, KPWK, RAV (GPS) RWY 30, Orig Danville, IL, KDNV, ILS OR LOC RWY 21, Amdt 8 Danville, IL, KDNV, RNAV (GPS) RWY 3, Orig-C Danville, IL, KDNV, RNAV (GPS) RWY 21, Orig-C Danville, IL, KDNV, RNAV (GPS) RWY 34, Orig-C Danville, IL, KDNV, VOR/DME RWY 3, Amdt 12B, CANCELED Freeport, IL, KFEP, RNAV (GPS) RWY 6, Orig-C Anderson, IN, KAID, ILS OR LOC RWY 30, Amdt 4 Lafayette, IN, KLAF, Takeoff Minimums and Obstacle DP, Amdt 1A Lafayette, IN, KLAF, VOR–A, Amdt 26C Abilene, KS, K78, RNAV (GPS) RWY 17, Amdt 1D Pittsfield, MA, KPSF, LOC RWY 26, Amdt 10B Pittsfield, MA, KPSF, RNAV (GPS) RWY 26, Amdt 2B Plymouth, MA, KPYM, ILS OR LOC RWY 6, Amdt 1H Plymouth, MA, KPYM, RNAV (GPS) RWY 6, Amdt 1E Plymouth, MA, KPYM, RNAV (GPS) RWY 24, Orig-D Plymouth, MA, KPYM, Takeoff Minimums and Obstacle DP, Amdt 4 Detroit, MI, KYIP, RNAV (GPS) RWY 9, Amdt 3 Redwood Falls, MN, KRWF, RNAV (GPS) RWY 30, Amdt 1 Kansas City, MO, KMCI, ILS OR LOC RWY 1L, Amdt 19A Kansas City, MO, KMCI, ILS OR LOC RWY 1R, ILS RWY 1R (SA CAT I), ILS RWY 1R (CAT II), ILS RWY 1R (CAT III), Amdt 7A Kansas City, MO, KMCI, ILS OR LOC RWY 19L, Amdt 5A Kansas City, MO, KMCI, ILS OR LOC RWY 19R, ILS RWY 19R (SA CAT I), ILS RWY 19R (CAT II), ILS RWY 19R (CAT III), Amdt 15A Nevada, MO, KNVD, Takeoff Minimums and Obstacle DP, Orig-A Kalispell, MT, KGPI, RNAV (RNP) RWY 20, Amdt 1 Monroe, NC, EQY, ILS OR LOC RWY 5, Amdt 3A Monroe, NC, EQY, RNAV (GPS) RWY 5, Amdt 3A Monroe, NC, EQY, RNAV (GPS) RWY 23, Amdt 1C PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Dayton, OH, KGDK, Takeoff Minimums and Obstacle DP, Amdt 3 Shawnee, OK, SNL, ILS OR LOC RWY 17, Amdt 3A Brookings, OR, KBOK, RNAV (GPS)–A, Orig Brookings, OR, KBOK, Takeoff Minimums and Obstacle DP, Orig Sunriver, OR, S21, RNAV (GPS) RWY 18, Amdt 2 Sunriver, OR, S21, Takeoff Minimums and Obstacle DP, Orig-B Altoona, PA, KAOO, ILS OR LOC RWY 21, Amdt 9 Altoona, PA, KAOO, RNAV (GPS) RWY 21, Amdt 1E Punxsutawney, PA, N35, RNAV (GPS) RWY 24, Orig-E Walterboro, SC, KRBW, ILS Y OR LOC Y RWY 23, Amdt 3 Memphis, TN, KMEM, ILS OR LOC RWY 27, Amdt 4D Memphis, TN, KMEM, RNAV (GPS) RWY 27, Amdt 2E San Saba, TX, 81R, RNAV (GPS) RWY 13, Orig San Saba, TX, 81R, RNAV (GPS) RWY 31, Orig San Saba, TX, 81R, Takeoff Minimums and Obstacle DP, Orig Salt Lake City, UT, KSLC, RNAV (GPS) RWY 16L, Amdt 2 Salt Lake City, UT, KSLC, RNAV (GPS) RWY 16R, Amdt 2 Rescinded: On September 25, 2023 (88 FR 65598), the FAA published an Amendment in Docket No. 31508, Amdt No. 4079, to part 97 of the Federal Aviation Regulations under §§ 97.37. The following entry for Indianapolis, IN, effective November 30, 2023, is hereby rescinded in its entirety. Indianapolis, IN, KUMP, Takeoff Minimums and Obstacle DP, Amdt 4 [FR Doc. 2023–23392 Filed 10–23–23; 8:45 am] BILLING CODE 4910–13–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 21–221; RM–11908; DA 23– 990; FR ID 180832] Television Broadcasting Services Las Vegas, Nevada Federal Communications Commission. ACTION: Final rule. AGENCY: On May 21, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by Scripps Broadcasting Holdings, LLC (Scripps or Licensee), the licensee of KTNV–TV, channel 7, Las Vegas, Nevada, requesting the substitution of channel 26 for channel 13 at Las Vegas, in the Table of TV Allotments. King Kong Broadcasting, Inc. (King Kong), the SUMMARY: E:\FR\FM\24OCR1.SGM 24OCR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Rules and Regulations licensee of low power television station KGNG–LD on channel 26 at Las Vegas, filed opposition comments and counterproposed that channel 26 instead be allotted as a new vacant channel at Las Vegas. For the reasons set forth in the Report and Order referenced below, the Bureau denies King Kong’s opposition and counter-proposal, amends FCC regulations to substitute channel 26 for channel 13 at Las Vegas, and directs Scripps to file an application for a construction permit for channel 26. DATES: Effective November 24, 2023. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, Joyce.Bernstein@fcc.gov. SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR 32011 on June 16, 2021. In its rulemaking petition, Scripps explained that digital VHF channels have propagation characteristics that allow undesired signals and noise to be receivable at relatively far distances and also result in nearby electrical devices causing signal interference, that it has received many complaints from viewers unable to receive a reliable signal on channel 13, and that only five persons were predicted to lose service under the proposed channel substitution. In its Opposition, King Kong acknowledged that generally full-power television stations have priority over secondary LPTV stations in terms of channel allotments, but asserted that Scripps’ proposal would not serve the public interest because it would displace KGNG–LD on channel 26. In support, King Kong stated that its principal resides in Las Vegas and as a result, King Kong has ascertained the needs of the community and curated programming options designed to serve the entire community, including programming which it characterizes as targeted towards the growing and underserved ethnic minority populations in the area. According to King Kong, if the Bureau were to grant Scripps’ Petition, King Kong would be left with the option of filing for displacement to move to channel 13 once it is vacated by KTNV–TV or cease operations, and if it chose to seek displacement, it would be subject to competing applications and possibly still be forced to cease operations. Further, according to King Kong, even if it were ultimately granted a construction permit to operate the station on channel 13 or another VHF channel, KGNG–LD might be precluded from participating in the new ATSC 3.0 standard that would serve mobile users. Alternatively, King Kong noted that if the Commission grants its VerDate Sep<11>2014 15:59 Oct 23, 2023 Jkt 262001 counterproposal and allots channel 26 to Las Vegas as a new allotment, in order to obtain a construction permit for UHF channel 26 King Kong would either have to be the sole applicant for the channel—an unlikely situation given Scripps’ interest in the channel— or the winning bidder in a future Commission auction. Therefore, King Kong contended that the public interest would be better served if KGNG–LD remains on channel 26 and Scripps instead selects a different UHF channel for KTNV–TV. According to King Kong, there are at least eight other equivalent UHF channels available for KTNV–TV’s use that are currently occupied by other LPTV stations and that while one of these LPTV stations would be displaced if Scripps sought to move to its channel, none of these stations provide the level of programming options offered by KGNG–LD or have principals with the same level of longstanding ties to the Las Vegas community as it principal possesses. Finally, King Kong alleged that Scripps targeted KGNG–LD because it is a strong competitor in Las Vegas and as a way of striking back at King Kong because of disputes that have arisen over the years between King Kong and KTNV–TV employees. In reply, Scripps stated that as an LPTV station, KGNG–LD has secondary status and is therefore subject to interference from and displacement by full power stations, and any Commission action ordering Scripps to displace one of the other LPTV stations contravenes longstanding precedent against making licensing decisions based solely on programming offered on KGNG–LD. In addition, King Kong’s argument that preserving its low power service on channel 26 would enable it to deliver ATSC 3.0 services in the future should be disregarded because the Bureau has ruled in other channel substitution rulemaking proceedings that the impact of a proposed channel substitution on delivery of ATSC 3.0 service is not a factor as that service is still in the early stages of development and the availability of consumer devices remains limited. Scripps also argued that the claim that Scripps’ decision to displace KGNG is motivated by some sort of animus towards King Kong is vague, unsupported, and irrelevant, and appears to be based on disputes between King Kong and the prior owner of KTNV–TV. In fact, Scripps states that it sought to work with King Kong given the displacement and offered to donate Scripps’ channel 13 equipment to King Kong upon moving KTNV–TV to channel 26 and maintain, at Scripps’ expense, a temporary channel 13 facility PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 72969 for King Kong’s use at KTNV–TV’s downtown Las Vegas studio and tower facility. With respect to King Kong’s counterproposal that channel 26 be allotted as a vacant channel at Las Vegas, Scripps observed that its proposal and King Kong’s counterproposal are indistinguishable based on the Commission’s allotment priorities since both propose Las Vegas, a community that is already wellserved, and that accordingly, any determination must be made based on the Commission’s exercise of its general discretion to serve the public interest, and the Commission has routinely granted petitions such as Scripps’ even when displacing LPTV stations. Scripps also points out that King Kong is free to submit a rulemaking petition for a new channel allotment on any of the UHF channels it has identified as available in Las Vegas. In reply, King Kong asserts Scripps provided no engineering explanation why it needs to move to channel 26, as opposed to another UHF channel, and reaffirmed its position that Scripps is targeting KGNG–LD as a means of removing a strong competitor and that the Commission must inquire into Scripps’ motive before granting the Petition. It also reiterated that while LPTV stations are secondary, a harder look should be afforded to any proposal that would take service from viewers of low power stations such as KGNG–LD. The Bureau denies King Kong’s Opposition and Counterproposal and concludes that Scripps’ proposal to substitute channel 26 for channel 13 at Las Vegas would serve the public interest and meets the Commission’s technical and interference rules. It is axiomatic that LPTV stations, such as KGNG–LD, have secondary status and as such may not cause objectionable interference to existing full power stations, and must yield to or accept interference from existing full power stations that choose to modify where new interference will occur. Moreover, with respect to King Kong’s request that the Bureau disregard KGNG–LD’s secondary status and protect it from being displaced based on its specific programming, in general, section 326 of the Communications Act and the First Amendment of the U.S. Constitution prohibit the Commission from overseeing or regulating programming format. While King Kong’s service to its community and the wide variety of programming it airs may be commendable, it is not justification to provide KGNG–LD greater protection than it is permitted under its secondary LPTV license or, as King Kong has requested, require Scripps to propose a E:\FR\FM\24OCR1.SGM 24OCR1 ddrumheller on DSK120RN23PROD with RULES1 72970 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Rules and Regulations different channel and instead displace other LPTV stations because those stations are either purportedly silent or the programming they are providing is, in King Kong’s opinion, not as noteworthy as KGNG–LD’s programming. Doing so would not only be contradictory with the Act, the First Amendment, and Commission precedent, but King Kong’s argument with regards to its public service completely ignores efforts being undertaken by other stations in the market. The Bureau also finds King Kong’s concerns related to its displacement and potential that viewers may entirely lose the station to be overstated and not grounds for denial of the Petition since upon release of this Report and Order, King Kong will be eligible to file a displacement application for channel 13 or any other available channel. Commission records show that none of the other LPTV stations in Las Vegas are presently affected by pending or granted full power rulemaking petitions or full power modification applications, and because displacement applications are cut-off the day they are filed and major modifications for LPTV stations are frozen, it is highly unlikely that King Kong would face a competing application. In addition, while King Kong complains that Scripps did not provide any engineering data to refute the availability of the eight other UHF channels identified by King Kong, Scripps is not required to do so, and is free to choose any channel as a substitute channel that complies with our technical and community coverage requirements. With respect to KGNG– LD’s future delivery of ATSC 3.0 services, the Bureau has consistently refused to consider this as a factor in channel substitution rulemaking proceedings and it does not justify altering KGNG–LD’s status as a secondary service. The Bureau also finds King Kong’s claim that Scripps chose to propose to move to channel 26, rather than another UHF channel, solely to vex King Kong and its principal to be conjecture and unfounded. Not only is it difficult to see how this unidentified conduct could be attributed to Scripps since it appears to have occurred before Scripps acquired the Station, it is at odds with Scripps’ offer to assist King Kong in constructing a low power VerDate Sep<11>2014 15:59 Oct 23, 2023 Jkt 262001 facility on channel 13, a fact that King Kong does not dispute. The Bureau makes clear, however, that its decision is in no way based on Scripps’ offer to assist moving KGNG–LD to a displacement channel 13. The Bureau also denies King Kong’s counterproposal. As Scripps points out, both parties propose Las Vegas so their proposals cannot be distinguished under the Commission’s television allotment policies. In addition, Las Vegas already has seven allotted channels and under the Commission’s allotment policies, which prioritize assigning two television channels to a community, is not entitled to an additional eighth channel at the expense of Scripps’ channel substitution request, and as Scripps points out, the Bureau has acknowledged the public interest benefits associated with relocating a full power station from a VHF to a UHF channel. Moreover, if King Kong wishes to operate a full power television station in Las Vegas, it may file a petition for rulemaking to drop-in one of the eight UHF channels that it has identified as being available for Scripps’ use in Las Vegas. The Bureau also notes that ten individuals or entities filed letters in the Commission Licensing Management System in July, August, and September 2021, opposing the proposed channel substitution, but did not serve Scripps. Under the Commission’s rules, any comment that has not been served on the petitioner constitutes an ex parte presentation and shall not be considered as part of the proceeding. Nevertheless, because these letters merely reiterate arguments raised by King Kong, they are addressed as part of the Bureau’s findings related to King Kong’s Opposition. This is a synopsis of the Commission’s Report and Order, MB Docket No. 21–221; RM–11908; DA 23– 990, adopted October 18, 2023, and released October 18, 2023. 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 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 under Nevada by revising the entry for Las Vegas, to read as follows: ■ § 73.622 Digital television table of allotments. * * * (j) * * * * * Community * Channel No. * * * * NEVADA * * Las Vegas ........ * * * * 2, 7, * 11, 16, 22, 26, 29 * * * [FR Doc. 2023–23466 Filed 10–23–23; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\24OCR1.SGM 24OCR1 *

Agencies

[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Rules and Regulations]
[Pages 72968-72970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23466]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 21-221; RM-11908; DA 23-990; FR ID 180832]


Television Broadcasting Services Las Vegas, Nevada

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: On May 21, 2021, the Media Bureau, Video Division (Bureau) 
issued a Notice of Proposed Rulemaking (NPRM) in response to a petition 
for rulemaking filed by Scripps Broadcasting Holdings, LLC (Scripps or 
Licensee), the licensee of KTNV-TV, channel 7, Las Vegas, Nevada, 
requesting the substitution of channel 26 for channel 13 at Las Vegas, 
in the Table of TV Allotments. King Kong Broadcasting, Inc. (King 
Kong), the

[[Page 72969]]

licensee of low power television station KGNG-LD on channel 26 at Las 
Vegas, filed opposition comments and counter-proposed that channel 26 
instead be allotted as a new vacant channel at Las Vegas. For the 
reasons set forth in the Report and Order referenced below, the Bureau 
denies King Kong's opposition and counter-proposal, amends FCC 
regulations to substitute channel 26 for channel 13 at Las Vegas, and 
directs Scripps to file an application for a construction permit for 
channel 26.

DATES: Effective November 24, 2023.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, 
[email protected].

SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR 
32011 on June 16, 2021. In its rulemaking petition, Scripps explained 
that digital VHF channels have propagation characteristics that allow 
undesired signals and noise to be receivable at relatively far 
distances and also result in nearby electrical devices causing signal 
interference, that it has received many complaints from viewers unable 
to receive a reliable signal on channel 13, and that only five persons 
were predicted to lose service under the proposed channel substitution. 
In its Opposition, King Kong acknowledged that generally full-power 
television stations have priority over secondary LPTV stations in terms 
of channel allotments, but asserted that Scripps' proposal would not 
serve the public interest because it would displace KGNG-LD on channel 
26. In support, King Kong stated that its principal resides in Las 
Vegas and as a result, King Kong has ascertained the needs of the 
community and curated programming options designed to serve the entire 
community, including programming which it characterizes as targeted 
towards the growing and underserved ethnic minority populations in the 
area. According to King Kong, if the Bureau were to grant Scripps' 
Petition, King Kong would be left with the option of filing for 
displacement to move to channel 13 once it is vacated by KTNV-TV or 
cease operations, and if it chose to seek displacement, it would be 
subject to competing applications and possibly still be forced to cease 
operations. Further, according to King Kong, even if it were ultimately 
granted a construction permit to operate the station on channel 13 or 
another VHF channel, KGNG-LD might be precluded from participating in 
the new ATSC 3.0 standard that would serve mobile users. Alternatively, 
King Kong noted that if the Commission grants its counterproposal and 
allots channel 26 to Las Vegas as a new allotment, in order to obtain a 
construction permit for UHF channel 26 King Kong would either have to 
be the sole applicant for the channel--an unlikely situation given 
Scripps' interest in the channel--or the winning bidder in a future 
Commission auction. Therefore, King Kong contended that the public 
interest would be better served if KGNG-LD remains on channel 26 and 
Scripps instead selects a different UHF channel for KTNV-TV. According 
to King Kong, there are at least eight other equivalent UHF channels 
available for KTNV-TV's use that are currently occupied by other LPTV 
stations and that while one of these LPTV stations would be displaced 
if Scripps sought to move to its channel, none of these stations 
provide the level of programming options offered by KGNG-LD or have 
principals with the same level of longstanding ties to the Las Vegas 
community as it principal possesses. Finally, King Kong alleged that 
Scripps targeted KGNG-LD because it is a strong competitor in Las Vegas 
and as a way of striking back at King Kong because of disputes that 
have arisen over the years between King Kong and KTNV-TV employees. In 
reply, Scripps stated that as an LPTV station, KGNG-LD has secondary 
status and is therefore subject to interference from and displacement 
by full power stations, and any Commission action ordering Scripps to 
displace one of the other LPTV stations contravenes longstanding 
precedent against making licensing decisions based solely on 
programming offered on KGNG-LD. In addition, King Kong's argument that 
preserving its low power service on channel 26 would enable it to 
deliver ATSC 3.0 services in the future should be disregarded because 
the Bureau has ruled in other channel substitution rulemaking 
proceedings that the impact of a proposed channel substitution on 
delivery of ATSC 3.0 service is not a factor as that service is still 
in the early stages of development and the availability of consumer 
devices remains limited. Scripps also argued that the claim that 
Scripps' decision to displace KGNG is motivated by some sort of animus 
towards King Kong is vague, unsupported, and irrelevant, and appears to 
be based on disputes between King Kong and the prior owner of KTNV-TV. 
In fact, Scripps states that it sought to work with King Kong given the 
displacement and offered to donate Scripps' channel 13 equipment to 
King Kong upon moving KTNV-TV to channel 26 and maintain, at Scripps' 
expense, a temporary channel 13 facility for King Kong's use at KTNV-
TV's downtown Las Vegas studio and tower facility. With respect to King 
Kong's counterproposal that channel 26 be allotted as a vacant channel 
at Las Vegas, Scripps observed that its proposal and King Kong's 
counterproposal are indistinguishable based on the Commission's 
allotment priorities since both propose Las Vegas, a community that is 
already well-served, and that accordingly, any determination must be 
made based on the Commission's exercise of its general discretion to 
serve the public interest, and the Commission has routinely granted 
petitions such as Scripps' even when displacing LPTV stations. Scripps 
also points out that King Kong is free to submit a rulemaking petition 
for a new channel allotment on any of the UHF channels it has 
identified as available in Las Vegas. In reply, King Kong asserts 
Scripps provided no engineering explanation why it needs to move to 
channel 26, as opposed to another UHF channel, and reaffirmed its 
position that Scripps is targeting KGNG-LD as a means of removing a 
strong competitor and that the Commission must inquire into Scripps' 
motive before granting the Petition. It also reiterated that while LPTV 
stations are secondary, a harder look should be afforded to any 
proposal that would take service from viewers of low power stations 
such as KGNG-LD.
    The Bureau denies King Kong's Opposition and Counterproposal and 
concludes that Scripps' proposal to substitute channel 26 for channel 
13 at Las Vegas would serve the public interest and meets the 
Commission's technical and interference rules. It is axiomatic that 
LPTV stations, such as KGNG-LD, have secondary status and as such may 
not cause objectionable interference to existing full power stations, 
and must yield to or accept interference from existing full power 
stations that choose to modify where new interference will occur. 
Moreover, with respect to King Kong's request that the Bureau disregard 
KGNG-LD's secondary status and protect it from being displaced based on 
its specific programming, in general, section 326 of the Communications 
Act and the First Amendment of the U.S. Constitution prohibit the 
Commission from overseeing or regulating programming format. While King 
Kong's service to its community and the wide variety of programming it 
airs may be commendable, it is not justification to provide KGNG-LD 
greater protection than it is permitted under its secondary LPTV 
license or, as King Kong has requested, require Scripps to propose a

[[Page 72970]]

different channel and instead displace other LPTV stations because 
those stations are either purportedly silent or the programming they 
are providing is, in King Kong's opinion, not as noteworthy as KGNG-
LD's programming. Doing so would not only be contradictory with the 
Act, the First Amendment, and Commission precedent, but King Kong's 
argument with regards to its public service completely ignores efforts 
being undertaken by other stations in the market. The Bureau also finds 
King Kong's concerns related to its displacement and potential that 
viewers may entirely lose the station to be overstated and not grounds 
for denial of the Petition since upon release of this Report and Order, 
King Kong will be eligible to file a displacement application for 
channel 13 or any other available channel. Commission records show that 
none of the other LPTV stations in Las Vegas are presently affected by 
pending or granted full power rulemaking petitions or full power 
modification applications, and because displacement applications are 
cut-off the day they are filed and major modifications for LPTV 
stations are frozen, it is highly unlikely that King Kong would face a 
competing application. In addition, while King Kong complains that 
Scripps did not provide any engineering data to refute the availability 
of the eight other UHF channels identified by King Kong, Scripps is not 
required to do so, and is free to choose any channel as a substitute 
channel that complies with our technical and community coverage 
requirements. With respect to KGNG-LD's future delivery of ATSC 3.0 
services, the Bureau has consistently refused to consider this as a 
factor in channel substitution rulemaking proceedings and it does not 
justify altering KGNG-LD's status as a secondary service. The Bureau 
also finds King Kong's claim that Scripps chose to propose to move to 
channel 26, rather than another UHF channel, solely to vex King Kong 
and its principal to be conjecture and unfounded. Not only is it 
difficult to see how this unidentified conduct could be attributed to 
Scripps since it appears to have occurred before Scripps acquired the 
Station, it is at odds with Scripps' offer to assist King Kong in 
constructing a low power facility on channel 13, a fact that King Kong 
does not dispute. The Bureau makes clear, however, that its decision is 
in no way based on Scripps' offer to assist moving KGNG-LD to a 
displacement channel 13. The Bureau also denies King Kong's 
counterproposal. As Scripps points out, both parties propose Las Vegas 
so their proposals cannot be distinguished under the Commission's 
television allotment policies. In addition, Las Vegas already has seven 
allotted channels and under the Commission's allotment policies, which 
prioritize assigning two television channels to a community, is not 
entitled to an additional eighth channel at the expense of Scripps' 
channel substitution request, and as Scripps points out, the Bureau has 
acknowledged the public interest benefits associated with relocating a 
full power station from a VHF to a UHF channel. Moreover, if King Kong 
wishes to operate a full power television station in Las Vegas, it may 
file a petition for rulemaking to drop-in one of the eight UHF channels 
that it has identified as being available for Scripps' use in Las 
Vegas. The Bureau also notes that ten individuals or entities filed 
letters in the Commission Licensing Management System in July, August, 
and September 2021, opposing the proposed channel substitution, but did 
not serve Scripps. Under the Commission's rules, any comment that has 
not been served on the petitioner constitutes an ex parte presentation 
and shall not be considered as part of the proceeding. Nevertheless, 
because these letters merely reiterate arguments raised by King Kong, 
they are addressed as part of the Bureau's findings related to King 
Kong's Opposition.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 21-221; RM-11908; DA 23-990, adopted October 18, 2023, and released 
October 18, 2023. 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(j), amend the table under Nevada by revising the 
entry for Las Vegas, to read as follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (j) * * *

------------------------------------------------------------------------
                 Community                           Channel No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                                 NEVADA
------------------------------------------------------------------------
 
                                * * * * *
Las Vegas.................................  2, 7, * 11, 16, 22, 26, 29
 
                                * * * * *
------------------------------------------------------------------------


[FR Doc. 2023-23466 Filed 10-23-23; 8:45 am]
BILLING CODE 6712-01-P
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