[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15637-15638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05117]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-79; RM-11947; DA 23-160; FR ID 130305]


Television Broadcasting Services Kalispell, Montana

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by Sinclair Media Licensee, LLC (Petitioner), the licensee of KCFW-TV, 
channel 9, Kalispell, Montana. The Petitioner requests the substitution 
of channel 17 for channel 9 at Kalispell in the Table of Allotments.

DATES: Comments must be filed on or before April 13, 2023 and reply 
comments on or before April 28, 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 PLLC, 2001 L 
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 
Station has a long history of severe reception problems as a result of 
its operation on a VHF channel. The Petitioner further states 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, KCFW-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 in by 
resolving the over-the-air reception problems and enhancing viewer 
reception in KCFW-TV's service area. An analysis provided by the 
Petitioner using the Commission's TVStudy software tool indicates that 
all but approximately 75 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 17 will result in a predicted 
increase in service to more than 38,000 persons.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 23-79; RM-11947; DA 23-160, adopted March 1, 
2023, and released March 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

[[Page 15638]]

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.


Sec.  73.622  [Amended]

0
2. In Sec.  73.622 in paragraph (j), amend the Table of Allotments 
under Montana by revising the entry for Kalispell to read as follows:


Sec.  73.622  Table of allotments.

* * * * *
    (j) * * *

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                       Community                           Channel No.
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                                * * * * *
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                                 MONTANA
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                                * * * * *
Kalispell..............................................        * 15, 17
 
                                * * * * *
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[FR Doc. 2023-05117 Filed 3-13-23; 8:45 am]
BILLING CODE 6712-01-P