[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Rules and Regulations]
[Pages 10-11]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28333]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-456; DA 22-1340; FR ID 120701]


Television Broadcasting Services Chicago, Illinois

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In an Order adopted on December 16, 2022, the Media Bureau, 
Video Division amended its regulations to reflect the termination of 
the incentive auction channel sharing arrangement between noncommercial 
educational television stations WYCC, Chicago, Illinois and WTTW, 
Chicago, Illinois.

DATES: Effective January 3, 2023.

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

SUPPLEMENTARY INFORMATION: In 2012, Congress passed the Spectrum Act 
that authorized the Commission to reorganize the ultra-high frequency 
(UHF) band using a two-sided incentive auction that reallocated 
broadcast television spectrum for mobile broadband services. The 
incentive auction permitted television stations to accept several bid 
options in exchange for money, including: (1) relinquishing all usage 
rights with respect to a particular television channel, i.e., 
permanently going off the air; and (2) relinquishing usage rights with 
respect to their channel in order to share a television channel with 
another licensee and continue broadcasting over a shared channel 
(channel sharing bid). In order to manage television spectrum, channels 
for full power television stations in the United States, its 
territories, and possessions are listed and codified in Part 73 of the 
Commission's rules. Full power television stations may only be 
constructed on channels designated in the codified Table of TV 
Allotments and only in the communities listed therein. Pursuant to the 
Commission's channel sharing procedures, when a CSA is implemented, 
both stations are issued licenses indicating that the stations are 
sharing spectrum, and the letter ``S'' or ``*S'' is included in the 
Table of TV Allotments to denote that a channel sharee (the station 
that has relinquished its channel) is allotted to that community. The 
asterisk indicates that at least one of the sharing stations was or is 
operating on a channel reserved for noncommercial educational (NCE) 
use. When a CSA is dissolved in a community and a sharee station does 
not enter into a new CSA, the sharee station may request, and the Media 
Bureau may grant, cancellation of the sharee station's license. In that 
case, the ``S'' or ``*S'' designation in the Table of TV Allotments is 
no longer accurate.
    College District #508, County of Cook (CD #508), the former 
licensee of NCE television station WYCC, channel *21, was a winning 
license relinquishment bidder in the incentive auction and later 
entered into a CSA with Window to the World Communication, Inc. (Window 
to the World), the licensee of NCE television station WTTW, indicating 
that CD #508 would share WTTW's channel. Shortly thereafter, CD #508 
filed an application to assign the license of WYCC to Window to the 
World, and that transaction was consummated on April 20, 2018. In May 
2022, Window to the World filed an application for modification of its 
licenses to ``modify the WTTW license to dissolve the channel share 
such that the WTTW license has the full channel capacity. The WYCC 
license authorization is being surrendered to the FCC per the terms of 
the FCC rules on channel sharing.'' In June 2022, Window to the World 
submitted an application to surrender the license of WYCC. The Bureau 
granted the modification of license on May 18, 2022 and per Window to 
the World's request, cancelled the WYCC license on June 27, 2022.
    The channels in the Table of TV Allotment under Chicago, Illinois 
presently reads as follows: ``12, 19, 22, 23, 24, *25, 33, 34, S, *S.'' 
Because the CSA was dissolved, WYCC's spectrum

[[Page 11]]

usage rights reverted to WTTW pursuant to the CSA, and the Media Bureau 
canceled the WYCC license in June 2022. Therefore, the ``*S'' 
designation in the Table of TV Allotments for Chicago, Illinois, which 
was included to reflect the sharing status of channel *25, is no longer 
accurate, and is deleted under delegated authority. The Bureau finds 
good cause to make this revision to the Table of TV Allotments without 
notice and comment. Section 553(b)(3)(B) of the Administrative 
Procedure Act provides that notice and comment are not required when 
the agency for good cause finds that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest. In this case, notice and comment is unnecessary because the 
Bureau is amending the Table to reflect final actions previously taken 
in cancelling the WYCC license, as requested by the station's licensee, 
and allowing that station's spectrum usage rights to revert to WTTW, 
consistent with the CSA and section 73.3700(h)(2) of the Commission's 
rules. Accordingly, the relinquished usage rights are not available to 
any other person without the consent of Window to the World, which has 
not been given. In addition, given that the amendments to the Table 
reflect final actions the Bureau has previously taken, we find good 
cause to make these changes effective immediately upon publication in 
the Federal Register pursuant to section 553(d)(3) of the 
Administrative Procedure Act. An ``S'' remains accurate in the Table 
under Chicago, Illinois because there is a remaining sharee station in 
Chicago, commercial station WSNS-TV, which is sharing channel 33 with 
WMAQ-TV, Chicago.
    This is a synopsis of the Commission's Order, MB Docket No. 22-456; 
DA 22-1340, adopted December 16, 2022, and released December 16, 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 Illinois, 
by revising the entry for Chicago to read as follows:


Sec.  73.622   Digital television table of allotments.

* * * * *
    (j) * * *

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                 Community                           Channel No.
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                                * * * * *
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                                ILLINOIS
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                                * * * * *
Chicago...................................  12, 19, 22, 23, 24, * 25,
                                             33, 34, S.
 
                                * * * * *
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[FR Doc. 2022-28333 Filed 12-30-22; 8:45 am]
BILLING CODE 6712-01-P