[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Proposed Rules]
[Pages 19897-19898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08870]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 19-118, RM-11838; DA 19-316]


Television Broadcasting Services; Buffalo, New York

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

[[Page 19898]]

SUMMARY: The Commission has before it a petition for rulemaking filed 
by Nexstar Broadcasting, Inc., licensee of television station WNLO(TV), 
channel 32, Buffalo, New York (WNLO), and WUTV Licensee, LLC (WUTV 
Licensee), licensee of television station WUTV(TV), channel 36, 
Buffalo, New York. The Joint Petitioners propose the substitution of 
channel 32 for channel 36 as WNLO's DTV allotment; and the substitution 
of channel 36 for channel 32 as WUTV's allotment. The Joint Petitioners 
also request a waiver of the Media Bureau's current freeze on the 
filing and processing of petition for digital channel substitutions and 
minor modification applications for changes to existing television 
service areas that would increase a full power television noise limited 
contour. The Joint Petitioners seek to exchange the channels of WNLO 
and WUTV so that after the swap, WNLO would operate on channel 36 and 
WUTV would operate on channel 32. WUTV would continue to operate form 
its existing pre-auction location and WNLO would move the Nexstar 
shared facilities in the site previously vacated by WIVB-TV (Buffalo, 
New York (CBS) (WIVB). The channel substitution serves the public 
interest because it would allow for a more efficient allocation of UHF 
television channels and resolve significant over-the-air reception 
problems in WIVB's prior service area.

DATES: Comments must be filed on or before May 22, 2019; and reply 
comments on or before June 3, 2019.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street SW, Washington, DC 20554. In addition to filing 
comments with the FCC, interested parties should serve counsel for 
petitioner as follows: Nexstar Broadcasting, Inc., c/o Elizabeth Ryder, 
345 E John Carpenter Freeway, Suite 700, Irving, Texas 75062 and WUTV 
Licensee, LLC, c/o Paul A. Cicelski, Esq., Lerman Senter PLLC, 2001 L 
Street NW, Suite 400, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Varsha Mangal, [email protected], 
or Joyce Bernstein, [email protected], of the Media Bureau, Video 
Division.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 19-118, DA 19-316, RM-
11838, adopted April 23, 2019, and released April 23, 2019. 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.) 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 1.419.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.


Sec.  73.622  Digital television table of allotments.

0
2. In the table for Sec.  73.622(i), revise the entry for Buffalo to 
read as follows:
* * * * *
    (i) Post-Transition Table of DTV Allotments.
* * * * *

------------------------------------------------------------------------
             Community                           Channel No.
------------------------------------------------------------------------
                                NEW YORK
------------------------------------------------------------------------
 
                                * * * * *
Buffalo............................  14, 32, 33, 36, 38, 39, * 43, 49.
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2019-08870 Filed 5-6-19; 8:45 am]
 BILLING CODE 6712-01-P