[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Page 2551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00618]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 22-146; RM-11925; DA 23-17; FR ID 122668]


Television Broadcasting Services Memphis, Tennessee

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On April 5, 2022, the Media Bureau, Video Division (Bureau) 
issued a Notice of Proposed Rulemaking (NPRM) in response to a petition 
for rulemaking filed by Gray Television Licensee, LLC (Petitioner or 
Gray), the licensee of WMC-TV (Station or WMC-TV), channel 5, Memphis, 
Tennessee, requesting the substitution of channel 30 for channel 5 at 
Memphis in the Table of TV Allotments. For the reasons set forth in the 
Report and Order referenced below, the Bureau amends FCC regulations to 
substitute channel 30 for channel 5 at Memphis.

DATES: Effective January 17, 2023.

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 
22166 on April 14, 2022. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel 30. No 
other comments were filed.
    The Bureau believes the public interest would be served by 
substituting channel 30 for channel 5 at Memphis, Tennessee. The 
proposed channel substitution will resolve significant over-the-air 
reception problems in WMC-TV's service area due to its operation on a 
low VHF channel, reception problems which the Commission has recognized 
can exist on VHF channels. An analysis using the Commission's TVStudy 
software tool indicates that WMC-TV's move from channel 5 to channel 30 
is predicted to create an area where 4,072 persons may lose service. 
The loss area, however, is largely overlapped by the noise limited 
contours of other NBC affiliated stations and most viewers will 
continue to receive service from five or more stations. In addition, 
the Petitioner acquired three LPTV stations and constructed modified 
facilities to deliver NBC programming to viewers in the loss area. As a 
result, only 64 persons would either (1) no longer receive NBC network 
programming or (2) no longer receive service from five or more full 
power television services. In practice, Gray expects that few, if any, 
persons who are currently able to receive WMC-TV's over-the-air signal 
on channel 5 would no longer be able to receive WMC-TV's over-the-air 
signal as a result of the Station's transition to channel 30. Although 
the Petitioner's proposal would result in a loss for a limited number 
of viewers, the Bureau finds that the overall benefits of the proposed 
channel change outweighs any possible harm to the public interest when 
taking into account the ability of all but a de minimis number of 
viewers to access NBC programming from another source.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 22-146; RM-11925; DA 23-17, adopted January 9, 2023, and released 
January 9, 2023. 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 TV Allotments, under 
Tennessee, by revising the entry for Memphis to read as follows:


Sec.  73.622   Table of TV Allotments.

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    (j) * * *

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                        Community                           Channel No.
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                                * * * * *
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                                TENNESSEE
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                                * * * * *
Memphis.................................................     13, 23, 25,
                                                           28, * 29, 30,
                                                                  31, 33
 
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[FR Doc. 2023-00618 Filed 1-13-23; 8:45 am]
BILLING CODE 6712-01-P