[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 53009-53010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20635]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 21-9; RM-11872; DA 21-1161; FR ID 49364]


Television Broadcasting Services Tulsa, Oklahoma

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On May 17, 2021, the Media Bureau, Video Division (Bureau) 
issued a Notice of Proposed Rulemaking (NPRM) in response to a petition 
for rulemaking filed by KTUL Licensee, LLC (Licensee), the licensee of 
KTUL, channel 10 (ABC), Tulsa, Oklahoma, requesting the substitution of 
channel 14 for channel 10 at Tulsa in the DTV Table of Allotments. For 
the reasons set forth in the Report and Order referenced below, the 
Bureau amends FCC regulations to substitute channel 14 for channel 10 
at Tulsa.

DATES: Effective October 25, 2021.

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

SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR 
13684 on March 10, 2021. The Licensee filed comments in support of the 
petition reaffirming its commitment to apply for channel 14. The Land 
Mobile Communications Council (LMCC) filed opposition comments, to 
which the Licensee filed a reply. LMCC also filed an ex parte letter 
opposing the petition.
    In its rulemaking petition, the Licensee stated that KTUL, as a VHF 
channel station, has a long history of dealing with severe reception 
problems, and that operation on channel 14 would not result in any 
predicted loss of television service. The Licensee further stated that 
with respect to operations on channel 14 and nearby land mobile 
services, it would install the appropriate mask filter and antenna 
needed to avoid interference to land mobile operations. LMCC opposed 
the channel substitution because it believes KTUL's operation on 
channel 14 at 1,000 kW power poses an unacceptable risk of harmful 
interference to protected land mobile operations and proposed that that 
the Commission investigate whether alternative substitute UHF channels 
are available for KTUL. LMCC believes that while installing filtering, 
as the Licensee proposes, may be effective at preventing certain 
interference issues, it will have no impact on the receiver 
desensitization it expects will occur from the Licensee's proposed 
operation. In its Reply, the Licensee asserted that section 73.687 of 
the rules states that once a channel 14 permittee has performed the 
required pre-operation steps to avoid land mobile interference, 
including installing filters and making outreach efforts to local 
operators, its obligation is to co-operate with land mobile operators 
to resolve interference issues that may arise that are caused by the 
station after it begins operations, which the Licensee commits to do. 
The Licensee further stated that it had searched for other viable UHF 
channels and found none. In addition, the Licensee states that its 
affiliated stations have considerable experience operating television 
stations on channel 14, and there have been no known instances of 
interference to land mobile operations. The Licensee also provided 
technical information regarding the common use of band stop filters by 
land mobile systems to deal with receiver desensitization. In its ex 
parte filing in response to the Licensee's reply, LMCC primarily 
repeats its previous arguments in opposition to the petition.
    The Bureau denied LMCC's objections and granted the proposed 
substitution of channel 14 for channel 10, concluding that the 
Licensee's proposal meets the Commission's technical and interference 
rules, and that grant would serve the public interest. While LMCC 
stated that it is concerned that there will be interference to large 
numbers of land mobile systems within 40 miles of the channel 14 
proposed transmission site, the Bureau stated that the majority of 
interference cases occur within five miles of the TV transmitter site, 
that KTUL's tower is located more than five miles outside Tulsa, and 
that the few instances of reported interference in other cases where 
television stations have operated on channel 14 and the separation was 
greater than five miles were resolved by the installation of filters. 
The Bureau also noted that the Commission has recognized that use of 
band-stop filters at the land mobile receiver is an effective procedure 
to reduce interference caused by receiver desensitization, and that the 
Licensee recognizes its obligation under the rules to correct any 
desensitization problems that may occur after it begins operations. 
With respect to LMCC's request that the Bureau find an alternative 
channel for KTUL, the Licensee stated that it could find no other 
technically feasible channel and Bureau found that the channels 
proposed by LMCC were all unavailable for the Licensee's use because of 
interference to other television stations. The Bureau concluded that 
since the Licensee has committed to perform the steps required by the 
rule and its construction permit, if granted, will have the standard 
condition requiring it to do so, it would deny LMCC's opposition. It 
also concluded that because it was at the stage of amending the DTV 
Table of Allotments and an application for a construction permit for 
channel 14 has not yet been submitted, it need not address LMCC's 
interpretation of section 73.687(e) of the rules.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 21-9; RM-11872; DA 21-1161, adopted September 15, 2021, and 
released September 16, 2021. The full text of this document is 
available for download at https://www.fcc.gov/edocs. To request 
materials in accessible formats for people with disabilities (braille, 
large print, electronic files, audio format), send an email to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).
    This document does not contain information collection requirements

[[Page 53010]]

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.
    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 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, in paragraph (i), amend the Post-Transition Table 
of DTV Allotments, under Oklahoma, by revising the entry for ``Tulsa'' 
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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                                OKLAHOMA
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                                * * * * *
Tulsa.....................................  8, * 11, 14, 22, 45, 47, 49.
 
                                * * * * *
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[FR Doc. 2021-20635 Filed 9-23-21; 8:45 am]
BILLING CODE 6712-01-P