[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Proposed Rules]
[Pages 15181-15182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05442]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 21-73; RM-11889; DA 21-270; FR ID 17558]


Television Broadcasting Services Toledo, Ohio

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Video Division has before it a petition for rulemaking 
filed November 27, 2020 (Petition) by Dominion Broadcasting, Inc. 
(Petitioner), the licensee of WLMB (IND), channel 5, Toledo, Ohio (WLMB 
or Station). The Petitioner requests the substitution of channel 35 for 
channel 5 at Toledo, Ohio in the DTV Table of Allotments.

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: Joseph C. Chautin, III, Esq., Hardy, Carey, Chautin & Balkin, 
LLP, 1080 West Causeway Approach, Mandeville, LA 70471.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, Video Division, Media 
Bureau, at (202) 418-2324 or [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, MB Docket No. 21-73; RM-11889; DA 21-
270, adopted March 4, 2021, and released March 4, 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) 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.
    In support of its channel substitution request, the Petitioner 
states that, since the Station transitioned to channel 5 in 2008 in 
conjunction with the Commission's digital television transition, it has 
regularly received complaints from viewers unable to receive the 
Station's over-the-air signal. Petitioner states that these issues have 
``continued unabated'' for twelve years. Petitioner further states that 
it ``has been forced to constantly scramble to retain viewers with a 
variety of methods, some costly.'' Petitioner maintains that these 
propagation problems have put WLMB at a distinct competitive 
disadvantage to the other stations broadcasting in the Toledo market. 
Petitioner states that the Commission has long since recognized that 
``VHF channels have certain characteristics that have posed challenges 
for their use in providing digital television service'' and that the 
Station's experience is no different.
    To remedy its propagation problems, Petitioner proposes 
substituting UHF channel 35 for VHF channel 5. Petitioner provides an 
Engineering Statement that it claims confirms that, with WLMB's 
proposed parameters, including a 375 kW ERP, channel 35 can be 
substituted for channel 5 at Toledo, Ohio, in compliance with the 
Commission's rules. Petitioner states that the proposed facility would 
continue to provide a principal community contour completely covering 
WLMB's community of license and would not cause impermissible 
interference to any station.
    Petitioner contends that the Engineering Statement also confirms

[[Page 15182]]

that WLMB's channel 35 contour would be fully contained within the 
Station's existing channel 5 contour and would continue to reach what 
Petitioner characterizes as a ``substantial majority'' of the 
population within the Station's current service area, including fully 
covering the City of Toledo. Petitioner concedes that an analysis using 
the Commission's TVStudy indicates that WLMB's move from channel 5 to 
channel 35 would create a predicted interference-free population loss 
of 735,018 persons. However, Petitioner maintains, the majority of that 
population is located in the densely populated Detroit metropolitan 
area, which is outside of the Toledo, Ohio Nielsen Designated Market 
Area (DMA). Furthermore, Petitioner continues, when terrain limitations 
and other over-the-air television services are taken into account, 
nearly all viewers predicted to lose access to WLMB's signal would 
continue to be ``well served'' as they would continue to have access to 
at least five full power or Class A television signals. Petitioner 
calculates that only 388 people are predicted to live in portions of a 
``very small new loss area'' that would not otherwise be well-served. 
Petitioner asserts, however, that even those viewers would not lose 
access to their only over-the-air television service, as they continue 
to receive three full power or Class A television signals.
    Petitioner claims that the Commission will approve a proposed 
channel substitution that includes a loss of service if the proposal is 
``supported by a strong showing of countervailing public interest,'' 
such as offsetting service gains. Given the persistent feedback WLMB 
has received about reception issues within the Station's core coverage 
area, Petitioner maintains that any ``nominal population loss'' in 
outlying areas of the station's contour would be more than outweighed 
by the substantial improvement in the Station's actual over-the-air 
reception within its community of license and in other core portions of 
its service area. Petitioner concludes that the proposed substitution 
of channel 35 therefore would serve the public interest by giving 
Toledo-area residents greater, more reliable access to WLMB's free 
over-the air signal, with few if any viewers losing access to robust 
over-the-air service.
    We believe that Petitioner's channel substitution proposal warrants 
consideration. Channel 35 can be substituted for channel 5 at Toledo, 
Ohio, as proposed, in compliance with the principal community coverage 
requirements of Sec.  73.625(a) of the Commission's rules (rules), 18 
at coordinates 41-44-41 N and 084-01-06 W. In addition, we find that 
this channel change meets the technical requirements set forth in 
Sec. Sec.  73.616 and 73.623 of the rules. Given its location, we note 
that Petitioner's proposal is subject to coordination with Canada. 
Although substituting channel 35 for channel 5 would result in a loss 
of service to approximately 735,018 persons, we agree with Petitioner 
that the loss area is ``well-served'' by at least five other television 
stations. Further, although Petitioner's proposal would result in a 
loss of service to approximately 388 people that would not otherwise be 
``well-served,'' we find such a loss area to be de minimis.

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. In Sec.  73.622(i), amend the Post-Transition Table of DTV 
Allotments under Ohio by revising the entry for Toledo to read as 
follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (i) * * *

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              Community                           Channel No.
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                                * * * * *
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                                  Ohio
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                                * * * * *
Toledo..............................  11, 13, *29, 35, 46, 49
 
                                * * * * *
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[FR Doc. 2021-05442 Filed 3-19-21; 8:45 am]
BILLING CODE 6712-01-P