Television Broadcasting Services Missoula, Montana, 80256-80257 [2023-25392]
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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’
116. In the NPRM, the Commission
takes steps to minimize the economic
impact on small entities and considers
significant alternatives by proposing
and seeking alternative proposals
designed to balance its requirements to
provide support that is sufficient to
achieve the Commission’s universal
service goals, while also providing
appropriate incentives for prudent and
efficient expenditures. With these goals
in mind, in the NPRM, the Commission
took the steps of considering measures
related to the budget for the Alaska
Connect Fund support mechanism that
could potentially benefit legacy support
recipients, including small entities, by
having their support shifted towards
costs that are trending higher for such
carriers. For example, the Commission
considered providing funding for both
areas that still requires buildout and
ongoing support for areas that are
already built out. In addition, the
Commission also considered allowing
the option to participate in the Alaska
Connect Fund for small entities and
other carriers that are not current
support recipients. In considering these
matters, the Commission notes that the
costs of high-cost universal service is
ultimately borne by consumers through
the contributions factors assessed on
their bills.
117. The Commission also considered
alternatives for specific deployment
obligations for carriers receiving Alaska
Plan support. For example, the
Commission considered whether it
should change the obligations to require
the deployment of broadband at a
different speed, for example 100/20
Mbps consistent with the Infrastructure
Act. Alternatively, the Commission
considered retaining the existing
requirement that support recipients
offer broadband at speeds of 25/3 Mbps
deployment obligations, as well as
revisiting deployment obligations to
account for another government agency
making a qualifying award with
enforceable deployment obligations in
the carrier’s service area. If the
Commission were to adopt lower
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broadband speed obligations, like 25/3
Mbps, it might reduce costs for small
and other legacy support recipients. A
carrier’s costs may also be reduced if
other funding programs award funding
in the rate-of-return carrier’s service
area, and that carrier is no longer
required to serve the locations receiving
the alternative funding. However, these
scenarios may affect support for such
carriers if the Commission adjusts
support to account for the lower costs or
duplicative funding.
118. Additionally, the Commission
considered alternatives for specific
deployment obligations for mobileprovider participants that receive
Alaska Connect Fund support. For
example, the Commission considered
whether it should require the
deployment of 5G–NR at 35/3 Mbps, or
whether it should revisit deployment
obligations to account for another
agency making a qualifying award with
enforceable deployment obligations in
the carrier’s service area. If the
Commission were to adopt lower
broadband speed obligations, like 7⁄1
Mbps, it might reduce costs for small
and other legacy support recipients. A
carrier’s costs may also be reduced if
other funding programs award grants in
the mobile participant’s awarded area,
and if carriers receiving duplicative
support are no longer required to serve
the locations receiving the alternative
funding. However, as is the case for rateof-return carriers, these scenarios may
result in the reduction of support for
these carriers if the Commission adjusts
support to account for the lower costs or
duplicative funding.
119. Lastly, in consideration of
reducing the economic burden small
and other entities might experience, the
Commission seeks comment on
alternatives for reducing a carrier’s
support amount to reflect the
availability of funding from other
Federal and state programs in their
service areas or to reflect that an
unsubsidized competitor serves the
area. For example, the Commission
could identify whether the timing for
BEAD funding, which instructs states to
award funding for unserved locations,
underserved locations and community
anchor institutions, overlaps with the
Alaska Connect Fund funding, thereby
warranting changing the timing for
awarding support amounts.
120. The matters discussed in the
NPRM are designed to ensure the
Commission has a better understanding
of both the benefits and the potential
burdens associated with the different
actions and methods before adopting its
final rules.
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121. To assist in the Commission’s
evaluation of the economic impact on
small entities, as a result of actions it
has proposed in the NPRM, and to better
explore options and alternatives, the
Commission has sought comment from
the parties. In particular, the
Commission seeks comment on whether
any of the burdens associated the filing,
recordkeeping and reporting
requirements described in this
document can be minimized for small
businesses. Through comments received
in response to the NPRM and the IRFA,
including costs and benefits information
and any alternative proposals, the
Commission expects to more fully
consider ways to minimize the
economic impact on small entities. The
Commission’s evaluation of the
comments filed in this proceeding will
shape the final alternatives it considers,
the final conclusions it reaches, and the
actions it ultimately takes in this
proceeding to minimize any significant
economic impact that may occur on
small entities as a result of any final
rules that are adopted.
III. Ordering Clauses
122. It is ordered that, pursuant to the
authority contained in sections 1, 2, 4,
5, 201–06, 214, 218–220, 251–52, 254,
256, 301, 303, 309, 332, and 403, and of
the Act, as amended, 47 U.S.C. 151–52,
154–55, 201–06, 214, 218–20, 251–52,
254, 256, 301, 303, 309, 332, and 403
this NPRM is adopted. This NPRM will
be effective upon publication in the
Federal Register, with comment dates
indicated therein.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–25375 Filed 11–16–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 23–380; RM–11968; DA 23–
1053; FR ID 184411]
Television Broadcasting Services
Missoula, Montana
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Video Division, Media
Bureau (Bureau), has before it a petition
for rulemaking filed August 16, 2023, by
Sinclair Media Licensee, LLC (Petitioner
or Sinclair), the licensee of KECI–TV,
channel 13, Missoula, Montana (Station
or KECI–TV). As discussed below, the
SUMMARY:
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80257
khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules
Station is currently operating on
channel 13 and Sinclair successfully
petitioned to have its channel changed
from channel 13 to channel 20. The
Petitioner now requests the substitution
of channel 21 for channel 20 at
Missoula, Montana (Missoula) in the
Table of TV Allotments.
DATES: Comments must be filed on or
before December 18, 2023 and reply
comments on or before January 2, 2024.
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:
Paul A. Cicelski, Esq., Lerman Senter,
PLLC, 2001 L Street NW, Washington,
DC 20036.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647; or Joyce Bernstein, Media
Bureau, at Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: In 2021,
the Bureau granted Sinclair’s request to
substitute UHF channel 20 for VHF
channel 13 at Missoula, and Sinclair
currently holds a construction permit to
modify its facility to operate on channel
20. While the adopted channel 20 noise
limited service contour (NLSC) did not
completely encompass the relevant
channel 13 NLSC, the Bureau found
there would only be a loss of service to
approximately 65 persons, a number the
Commission considers de minimis. In
addition, the adopted channel 20
facility is predicted to serve a total of
252,689 persons, a net gain of 38,879
potential viewers over the existing
KECI–TV channel 13 facility. Sinclair
simultaneously had requested and was
granted the substitution of UHF channel
20 for VHF channel 6 for co-owned
station KTVM–TV, Butte, Montana. As a
result, both KTVM–TV and KECI–TV
would operate on a co-channel basis.
Sinclair had determined that predicted
interference from both stations
operating on channel 20 would affect
less than 1 percent of the populations
within the noise limited service
contours. The Petitioner now requests
that we substitute channel 21 for
channel 20 for KECI–TV, stating that in
preparing to construct the new facilities
on channel 20, local engineering staff
realized that the real-world interference
consequences of both stations operating
on channel 20 would result in a
significant number of persons receiving
interference, a greater impact than was
realized when the TVStudy analyses
had been done. The Petitioner went on
to state that ‘‘such interference would
not be localized, but rather would be
spread throughout large portions of the
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Missoula and Butte service areas. An
analysis provided by the Petitioner
using the Commission’s TVStudy
software tool indicates that operation of
KECI–TV on channel 21 instead of
channel 20 would result in an estimated
40,481 additional persons within the
Station’s NLSC being able to receive the
Station’s signal. This is an increase of
1,602 person over the population that
would be served if the Station were to
remain on channel 20.
We believe that the Petitioner’s
channel substitution proposal for KECI–
TV warrants consideration. Channel 21
can be substituted for channel 20 at
Missoula, Montana, as proposed, in
compliance with the principal
community coverage requirements of
section 73.625(a) of the Commission’s
Rules (rules) at coordinates 47–01′–
04.0″ N and 114–00′–50.0″ W. In
addition, we find that this channel
change meets the technical
requirements set forth in sections 73.616
and 73.623 of the rules. The proposed
channel substitution would not cause
any additional loss of service, but would
increase the population served within
KECI–TV’s NLSC, as well as within
KTVM–TV’s NLSC, by resolving cochannel interference issues caused by
the stations’ approved co-channel
operation.
This is a synopsis of the
Commission’s Notice of Proposed
Rulemaking, MB Docket No. 23–380;
RM–11968; DA 23–1053, adopted
November 7, 2023, and released
November 7, 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,
PO 00000
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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.
Providing Accountability Through
Transparency Act: The Providing
Accountability Through Transparency
Act, Public Law 118–9, requires each
agency, in providing notice of a
rulemaking, to post online a brief plainlanguage summary of the proposed rule.
The required summary of this Notice of
Proposed Rulemaking/Further Notice of
Proposed Rulemaking is available at
https://www.fcc.gov/proposedrulemakings.
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
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. Amend § 73.622, in the table in
paragraph (j), under ‘‘Montana’’, by
revising the entry for ‘‘Missoula’’ to read
as follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(j) * * *
*
*
Community
*
Channel No.
*
*
*
*
Montana
*
*
*
*
*
Missoula .................... * 11, 21, 23, 25.
*
*
*
*
[FR Doc. 2023–25392 Filed 11–16–23; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\17NOP1.SGM
17NOP1
*
]]>Agencies
[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Proposed Rules]
[Pages 80256-80257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25392]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 23-380; RM-11968; DA 23-1053; FR ID 184411]
Television Broadcasting Services Missoula, Montana
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Video Division, Media Bureau (Bureau), has before it a
petition for rulemaking filed August 16, 2023, by Sinclair Media
Licensee, LLC (Petitioner or Sinclair), the licensee of KECI-TV,
channel 13, Missoula, Montana (Station or KECI-TV). As discussed below,
the
[[Page 80257]]
Station is currently operating on channel 13 and Sinclair successfully
petitioned to have its channel changed from channel 13 to channel 20.
The Petitioner now requests the substitution of channel 21 for channel
20 at Missoula, Montana (Missoula) in the Table of TV Allotments.
DATES: Comments must be filed on or before December 18, 2023 and reply
comments on or before January 2, 2024.
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: Paul A. Cicelski, Esq., Lerman Senter, PLLC,
2001 L Street NW, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
(202) 418-1647; or Joyce Bernstein, Media Bureau, at
[email protected].
SUPPLEMENTARY INFORMATION: In 2021, the Bureau granted Sinclair's
request to substitute UHF channel 20 for VHF channel 13 at Missoula,
and Sinclair currently holds a construction permit to modify its
facility to operate on channel 20. While the adopted channel 20 noise
limited service contour (NLSC) did not completely encompass the
relevant channel 13 NLSC, the Bureau found there would only be a loss
of service to approximately 65 persons, a number the Commission
considers de minimis. In addition, the adopted channel 20 facility is
predicted to serve a total of 252,689 persons, a net gain of 38,879
potential viewers over the existing KECI-TV channel 13 facility.
Sinclair simultaneously had requested and was granted the substitution
of UHF channel 20 for VHF channel 6 for co-owned station KTVM-TV,
Butte, Montana. As a result, both KTVM-TV and KECI-TV would operate on
a co-channel basis. Sinclair had determined that predicted interference
from both stations operating on channel 20 would affect less than 1
percent of the populations within the noise limited service contours.
The Petitioner now requests that we substitute channel 21 for channel
20 for KECI-TV, stating that in preparing to construct the new
facilities on channel 20, local engineering staff realized that the
real-world interference consequences of both stations operating on
channel 20 would result in a significant number of persons receiving
interference, a greater impact than was realized when the TVStudy
analyses had been done. The Petitioner went on to state that ``such
interference would not be localized, but rather would be spread
throughout large portions of the Missoula and Butte service areas. An
analysis provided by the Petitioner using the Commission's TVStudy
software tool indicates that operation of KECI-TV on channel 21 instead
of channel 20 would result in an estimated 40,481 additional persons
within the Station's NLSC being able to receive the Station's signal.
This is an increase of 1,602 person over the population that would be
served if the Station were to remain on channel 20.
We believe that the Petitioner's channel substitution proposal for
KECI-TV warrants consideration. Channel 21 can be substituted for
channel 20 at Missoula, Montana, as proposed, in compliance with the
principal community coverage requirements of section 73.625(a) of the
Commission's Rules (rules) at coordinates 47-01'-04.0'' N and 114-00'-
50.0'' W. In addition, we find that this channel change meets the
technical requirements set forth in sections 73.616 and 73.623 of the
rules. The proposed channel substitution would not cause any additional
loss of service, but would increase the population served within KECI-
TV's NLSC, as well as within KTVM-TV's NLSC, by resolving co-channel
interference issues caused by the stations' approved co-channel
operation.
This is a synopsis of the Commission's Notice of Proposed
Rulemaking, MB Docket No. 23-380; RM-11968; DA 23-1053, adopted
November 7, 2023, and released November 7, 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.
Providing Accountability Through Transparency Act: The Providing
Accountability Through Transparency Act, Public Law 118-9, requires
each agency, in providing notice of a rulemaking, to post online a
brief plain-language summary of the proposed rule. The required summary
of this Notice of Proposed Rulemaking/Further Notice of Proposed
Rulemaking is available at https://www.fcc.gov/proposed-rulemakings.
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. Amend Sec. 73.622, in the table in paragraph (j), under
``Montana'', by revising the entry for ``Missoula'' to read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(j) * * *
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Montana
------------------------------------------------------------------------
* * * * *
Missoula.................................. * 11, 21, 23, 25.
* * * * *
------------------------------------------------------------------------
[FR Doc. 2023-25392 Filed 11-16-23; 8:45 am]
BILLING CODE 6712-01-P
