[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16157-16158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05934]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-115; RM-11921; DA 22-249; FRS 77595]


Television Broadcasting Services Butte, Montana

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission has before it a petition for rulemaking filed 
by Scripps Broadcasting Holdings LLC (Petitioner), the licensee of 
KXLF-TV, channel 5, Butte, Montana. The Petitioner requests the 
substitution of channel 15 for channel 5 at Butte in the Table of 
Allotments.

DATES: Comments must be filed on or before April 21, 2022 and reply 
comments on or before May 6, 2022.

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 the 
Petitioner as follows: Christina A. Burrow, Esq., Cooley LLP, 1299 
Pennsylvania Avenue NW, Washington, DC 20004-2400.

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

SUPPLEMENTARY INFORMATION: In support, the Petitioner states that the 
Commission has recognized that VHF channels have certain 
characteristics that pose challenges for their use in providing digital 
television service, including propagation characteristics that allow 
undesired signals and noise to be receivable at relatively far 
distances. According to the Petitioner, it has received many complaints 
from viewers unable to receive a reliable signal on channel 5. The 
Engineering Statement confirms that the proposed channel 15 contour 
would continue to reach virtually all of the population

[[Page 16158]]

within the Station's current service area and fully cover the city of 
Butte. An analysis using the Commission's TVStudy software tool 
indicates that KXLF-TV's move from channel 5 to channel 15 is predicted 
to create an area where approximately 3,000 persons are predicted to 
lose service. The loss area, however, is partially overlapped by the 
noise limited contours of Scripps' owned CBS network affiliates KPAX-
TV, Missoula, Montana; KBZK, Bozeman, Montana; and KRTV, Great Falls, 
Montana. Taking these other stations into account, less than 500 
persons would lose CBS service if KXLF-TV moves to channel 15, which 
Petitioner argues is de minimis.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 22-115; RM-11921; DA 22-249, adopted March 
10, 2022, and released March 10, 2022. 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.

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, 339.

0
2. In Sec.  73.622(j), amend the Table of Allotments under Montana by 
revising the entry for Butte to read as follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (j) * * *

------------------------------------------------------------------------
                 Community                           Channel No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                                 MONTANA
------------------------------------------------------------------------
 
                                * * * * *
Butte.....................................  15, 19, 20, 24.
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2022-05934 Filed 3-21-22; 8:45 am]
BILLING CODE 6712-01-P