[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Proposed Rules]
[Pages 42-43]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28352]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-435; RM-11940; DA 22-1279; FR ID 119885]


Television Broadcasting Services Odessa, Texas

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by Gray Television Licensee, LLC (Petitioner), the licensee of KOSE-TV, 
channel 7, Odessa, Texas. The Petitioner requests the substitution of 
channel 31 for channel 7 at Odessa in the Table of Allotments.

DATES: Comments must be filed on or before February 2, 2023 and reply 
comments on or before February 17, 2023.

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: Joan Stewart, Esq., Wiley Rein LLP, 2050 M 
Street NW, Washington, DC 20036.

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

SUPPLEMENTARY INFORMATION: In support, the Petitioner states that the 
proposed channel substitution serves the public interest because it 
will resolve significant over-the-air reception problems in KOSA-TV's 
existing service area. The Petitioner further states that the 
Commission has recognized the deleterious effects manmade noise has on 
the reception of digital VHF signals, and that the propagation 
characteristics of these channels allow undesired signals and noise to 
be receivable at relatively farther distances compared to UHF channels 
and nearby electrical devices can cause interference. According to the 
Petitioner, although the proposed channel 31 facility would result in a 
slight reduction in the predicted population served, once terrain-
limited coverage predications are taken into account, the proposed 
channel 31 facility will result in a loss of service to 36 people, a 
number which the Commission considers de minimis.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 22-435; RM-11940; DA 22-1279, adopted 
December 9, 2022, and released December 9, 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 Section 1.1204(a) of the 
Commission's rules, 47 CFR 1.1204(a).
    See Sections 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 in paragraph (j), amend the Table of TV Allotments 
under Texas by revising the entry for Odessa to read as follows:


Sec.  73.622   Table of TV Allotments.

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    (j) * * *

[[Page 43]]



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                Community                                               Channel no.
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                                                  * * * * * * *
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                                                      TEXAS
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                                                  * * * * * * *
Odessa..................................  9, 15, 23, *28, 30, 31
 
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[FR Doc. 2022-28352 Filed 12-30-22; 8:45 am]
BILLING CODE 6712-01-P