[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Rules and Regulations]
[Page 76582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27159]



[[Page 76582]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-115; RM-11921; DA 22-1232; FR ID 117273]


Television Broadcasting Services Butte, Montana

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On March 10, 2022, the Media Bureau, Video Division (Bureau) 
issued a Notice of Proposed Rulemaking (NPRM) in response to a petition 
for rulemaking filed by Scripps Broadcasting Holdings LLC (Petitioner), 
the licensee of KXLF-TV (Station), channel 5, Butte, Montana, 
requesting the substitution of channel 15 for channel 5 at Butte in the 
Table of Allotments. For the reasons set forth in the Report and Order 
referenced below, the Bureau amends FCC regulations to substitute 
channel 15 for channel 5 at Butte.

DATES: Effective December 15, 2022.

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

SUPPLEMENTARY INFORMATION: The proposed rule was published at 87 FR 
16157 on March 22, 2022. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel 15. No 
other comments were filed. We believe the public interest would be 
served by substituting channel 15 for channel 5 at Butte, Montana. 
According to the Petitioner, it has received many complaints from 
viewers unable to receive a reliable signal on VHF channel 5, and the 
Commission has recognized that VHF channels have certain 
characteristics that pose challenges for their use in providing digital 
television service. The Engineering Statement provided with the 
Petition confirmed that the proposed channel 15 contour would continue 
to reach virtually all of the population 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 contour of 
Scripps' owned CBS affiliate KPAX-TV, Missoula, Montana; KBZK(TV), 
Bozeman, Montana; and KRTV(TV), Great Falls, Montana. Once those other 
sources of CBS programming are factored into the loss analysis, the new 
loss area that would be created by the proposed channel substitution 
would contain less than 500 persons, a level of service loss the 
Commission considers to be de minimis.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 22-115; RM-11921; DA 22-1232, adopted November 29, 2022, and 
released November 29, 2022. 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 
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(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) * * *

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                        Community                           Channel No.
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                                * * * * *
                                 Montana
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                                * * * * *
Butte...................................................     15, 19, 20,
                                                                     24.
                                * * * * *
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[FR Doc. 2022-27159 Filed 12-14-22; 8:45 am]
BILLING CODE 6712-01-P