[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13770-13771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03588]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-43; RM-11944; DA 23-92; FR ID 127701]


Television Broadcasting Services Coos Bay, Oregon

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by Sinclair Eugene License, LLC (Petitioner), the licensee of KCBY-TV, 
channel 11, Coos Bay, Oregon. The Petitioner requests the substitution 
of channel 34 for channel 11 at Coos Bay in the Table of Allotments.

DATES: Comments must be filed on or before April 5, 2023 and reply 
comments on or before April 20, 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: Paul Cicelski, Esq., Lerman Senter, 2001 L 
Street NW, Washington, DC 20036.

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

SUPPLEMENTARY INFORMATION: In support, the Petitioner states that the 
Station has a long history of severe reception problems as a result of 
its operation on a VHF channel, and that the Commission has recognized 
that VHF channels pose challenges for their use in providing digital 
television service, including propagation characteristics that allow 
undesired signals and noise to be receivable at relatively far 
distances and result in large variability in the performance of indoor 
antennas available to viewers with most antennas performing very poorly 
on high VHF channels. According to the Petitioner, KCBY-TV has received 
numerous complaints from viewers unable to receive that Station's over-
the-air signal, despite being able to receive signals from other local 
stations.'' Petitioner asserts that its channel substitution proposal 
will serve the public interest by resolving the over-the-air reception 
problems and enhancing viewer reception in KCBY-TV's service area. An 
analysis provided by the Petitioner using the Commission's TVStudy 
software tool indicates that all but approximately 392 persons will 
continue to receive the signal, a number the Petitioner asserts is de 
minimis. Furthermore, in addition to maintaining full coverage of its 
community of license, Petitioner notes that the proposed change to 
channel 34 will result in a predicted increase in service to more than 
11,000 persons.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 23-43; RM-11944; DA 23-92, adopted

[[Page 13771]]

February 1, 2023, and released February 1, 2023. 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 (j), amend the Table of TV Allotments under Oregon 
by revising the entry for Coos Bay 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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                                 Oregon
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                                * * * * *
Coos Bay..................................  22, 34
 
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[FR Doc. 2023-03588 Filed 3-3-23; 8:45 am]
BILLING CODE 6712-01-P