[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Proposed Rules]
[Page 1038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28332]



[[Page 1038]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-436; RM-11941; DA 22-1281; FR ID 120700]


Television Broadcasting Services Lufkin, Texas

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission (the Commission) has 
before it a petition for rulemaking filed by Gray Television Licensee, 
LLC (Petitioner), the licensee of KTRE, channel 9, Lufkin, Texas. The 
Petitioner requests the substitution of channel 24 for channel 9 at 
Lufkin in the Table of TV Allotments.

DATES: Comments must be filed on or before February 6, 2023 and reply 
comments on or before February 21, 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 KTRE'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. The Petitioner 
further states that the existing KTRE tower has significantly 
deteriorated and cannot be reasonably repaired, and thus it proposes to 
relocate the proposed KTRE facility on channel 24 to an adjacent, 
shorter tower.\1\ Although that facility would result in a slight 
reduction in KTRE's predicted population served, once terrain-limited 
coverage predications and coverage of same-network (ABC) alternative 
stations are taken into account, the Engineering Statement submitted 
with the petition demonstrates that only 448 persons will lose ABC 
network service, a number which the Commission considers de minimis.
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    \1\ Petition at 3-4.
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    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 22-436; RM-11941; DA 22-1281, 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 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 (j), amend the Table of TV Allotments 
under ``Texas'' by revising the entry for ``Lufkin'' to read as 
follows:


Sec.  73.622  Table of TV Allotments.

* * * * *
    (j) * * *

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                       Community                           Channel No.
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                                * * * * *
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                                  TEXAS
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                                * * * * *
Lufkin.................................................              24
 
                                * * * * *
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[FR Doc. 2022-28332 Filed 1-5-23; 8:45 am]
BILLING CODE 6712-01-P