[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Proposed Rules]
[Pages 68124-68125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28452]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 09-115, RM-11543; DA 11-1502]


Television Broadcasting Services; Fond du Lac, WI

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission denies a petition for 
reconsideration of an August 12, 2009 Report and Order changing the 
allotted channel for station WWAZ-TV, Fond du Lac, Wisconsin, from 
channel 44 to channel 5. The petitioner stated that the staff, in 
granting the original channel change, cited erroneous loss-of-service 
figures. The petitioner further argues that the primary technical 
justification for creation of this loss area was not raised until the 
reply comment stage, and that the record further does not support the 
technical justification. The order finds that the staff requested a re-
engineered proposal that would result in the replacement translators 
covering the projected analog loss area. The document finds that the 
re-engineered translators sufficiently address any loss of service, and 
further finds that the public interest is served by substituting 
channel 5 for channel 44 at Fond du Lac

[[Page 68125]]

because it permitted WLS-TV, an ABC network affiliate in Chicago, 
Illinois, to move from its post-transition channel 7 to channel 44, 
resulting in the restoration of ABC network service to numerous viewers 
that had lost service after the transition of WLS-TV to digital 
operations. Finally, the document notes that the petitioner's own 
engineer had recognized potential technical problems associated with 
WWAZ-TV's digital operations on channel 44.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: David Brown, [email protected], 
Media Bureau, (202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Memorandum Opinion 
and Order, MB Docket No. 09-115, adopted September 6, 2011 by the Video 
Division of the Federal Communications Commission, and released 
September 8, 2011. For the reasons discussed above, the Federal 
Communications Commission denies the petition for reconsideration of an 
order changing the allotted channel for station WWAZ-TV, Fond du Lac, 
Wisconsin. The full text of this document is available for public 
inspection and copying during normal business hours in the FCC's 
Reference Information Center at Portals II, CY-A257, 445 12th Street 
SW., Washington, DC 20554. This document will also be available via 
ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available 
electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document 
may be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, 
DC 20554, telephone 1-(800) 478-3160 or via email http://www.BCPIWEB.com. To request this document in accessible formats 
(computer diskettes, large print, audio recording, and Braille), send 
an email to [email protected] or call the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY). This document does not contain proposed 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 do not apply 
to this proceeding. Members of the public should note that from the 
time a Notice of Proposed Rule Making is issued until the matter is no 
longer subject to Commission consideration or court review, all ex 
parte contacts (other than ex parte presentations exempt under 47 CFR 
1.1204(a)) are prohibited in Commission proceedings, such as this one, 
which involve channel allotments. See 47 CFR 1.1208 for rules governing 
restricted proceedings.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2011-28452 Filed 11-2-11; 8:45 am]
BILLING CODE 6712-01-P