[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Proposed Rules]
[Pages 15180-15181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04769]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 21-60; RM-11884; DA 21-203; FR ID 17521]


Television Broadcasting Services Superior and York, Nebraska

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by Gray Television Licensee, LLC (Gray or Licensee), the licensee of 
television station KSNB-TV, channel 4, Superior, Nebraska, requesting 
an amendment of the DTV Table of Allotments to delete VHF channel 4 at 
Superior, Nebraska and allot it to York, Nebraska, and substitute UHF 
channel 24 at York for channel 4.

DATES: Comments must be filed on or before April 21, 2021 and reply 
comments on or before May 6, 2021.

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 petitioner as 
follows: Joan Stewart, Esq., Wiley Rein LLP, 1776 K Street NW, 
Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or [email protected].

SUPPLEMENTARY INFORMATION: According to Gray, problems with the 
reception of low-band digital channels are well known, and many viewers 
who receive a predicted principal community signal from KSNB-TV on 
channel 4 are unable to receive a reliable over-the-air signal, 
particularly when using indoor antennas. Gray also applied to co-locate 
KSNB-TV with commonly-owned KOLN, Lincoln, Nebraska, a move of 
approximately 23.5 kilometers, and a change in community from Superior 
to York is necessary for KSNB-TV to make that move because it cannot 
put the required principal community signal over Superior from a 
channel 24 facility on the KOLN tower.
    Gray asserts that York qualifies as a community for allotment 
purposes, has no local television allotment, and is the largest 
community in York County. Petitioner further asserts that while 
Superior will lose its only local television allotment, York is more 
deserving of an allotment, given its size and community and economic 
attributes. Thus, Gray seeks a waiver of the Commission policy that the 
removal of a community's first local service is presumptively 
inconsistent with the public interest except in the rare instance where 
removal might serve the public interest. Gray further requests a waiver 
of Sec.  1.420(i) of the rules which provides that the Commission may 
modify a station's community of license without affording competing 
expressions of interest, where the modified facility is mutually 
exclusive; the channel 24 proposal at York is not mutually exclusive 
with KSNB-TV's current licensed operation on channel 4 at Superior.
    The NPRM proposes to grant both requested waivers and seeks comment 
on those proposals. York is a larger community than Superior and 
allowing KSNB-TV to colocate with KOLN on channel 24 will result in 
important public benefits. In addition, the NPRM proposes to grant a 
waiver of Sec.  1.420 of the rules; Gray has demonstrated that multiple 
channels are potentially available for future allotment in and around 
Superior, so that future applicants will not be deprived of the 
opportunity to apply for a station in the area if Gray's proposal is 
not opened for competing expressions of interest.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 21-69; RM-11884; DA 21-203, adopted February 
22, 2021, and released February 22, 2021. 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)

[[Page 15181]]

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 Sec.  1.1204(a) of the Commission's 
rules, 47 CFR 1.1204(a).
    See Sec. Sec.  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 SERVICES

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, and 339.

0
2. In Sec.  73.622(i), amend the Post-Transition Table of DTV 
Allotments under Nebraska by revising the entry for Superior, and 
adding, in alphabetical order, an entry for York to read as follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (i) Post-Transition Table of DTV Allotments.

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              Community                           Channel No.
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                                * * * * *
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                                Nebraska
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                                * * * * *
Superior............................  ..................................
York................................  24
 
                                * * * * *
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[FR Doc. 2021-04769 Filed 3-19-21; 8:45 am]
BILLING CODE 6712-01-P