[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Proposed Rules]
[Pages 84771-84772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26676]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-406; RM-11969; DA 23-1107; FR ID 188092]


Television Broadcasting Services Greenville, South Carolina

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Video Division, Media Bureau (Bureau), has before it a 
petition for rulemaking filed September 27, 2023, by Carolina Christian 
Broadcasting, Inc. (Petitioner), the licensee of WGGS-TV, channel 2, 
Greenville, South Carolina (Station or WGGS). The Petitioner requests 
the substitution of channel 29 for channel 2 at Greenville, South 
Carolina (Greenville) in the Table of TV Allotments.

DATES: Comments must be filed on or before January 5, 2024 and reply 
comments on or before January 22, 2024.

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: Joseph C. Chautin, III, Esq., Hardy, Carey, 
Chautin & Balkin, LLP, 1080 West Causeway Approach, Mandeville, 
Louisiana 70471.

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

SUPPLEMENTARY INFORMATION: In support of its channel substitution 
request, the Petitioner states that its proposed channel substitution 
would serve the public interest by resolving reception challenges 
currently experienced by viewers in the WGGS service area, and 
substantially improving access to the Station's programming. According 
to the Petition, the Station regularly receives phone calls and email 
from viewers no longer able to receive the Station's signal. The 
Petitioner notes that the Commission has recognized that VHF channels 
have certain characteristics that pose challenges for their use in 
providing digital television service, including a large variability in 
the performance of indoor antennas available to viewers, with most 
antennas performing very poorly on VHF channels. The Petitioner 
proposes to operate the Station on channel 29 with a 3-node Distributed 
Transmission System (DTS) facility. While an analysis using the 
Commission's TVStudy software indicates that the Station's move to 
channel 29 would create a predicted population loss area of 946,964 
persons, mostly located around the edge of the channel 2 noise limited 
contour, almost all of the population would remain ``well-served'' by 
five or more full power or Class A television signals. According to the 
Petitioner, only 417 persons predicted to live in the loss area would 
no longer be considered ``well-served,'' and none of those persons 
would receive over-the-air television service from fewer than four 
stations. All viewers within the Station's community of license will 
continue to be served by the Station.
    We believe that the Petitioner's channel substitution proposal for 
WGGS warrants consideration. Channel 29 can be substituted for channel 
2 at Greenville, South Carolina, as proposed, in compliance with the 
principal community coverage requirements of section 73.625(a) of the 
Commission's Rules (rules), at coordinates 34-56'-26.4'' N and 82-24'-
40.4'' W. In addition, we find that this channel change meets the 
technical requirements set forth in sections 73.616 and 73.623 of the 
rules. Although the proposal would result in a loss of service to 
946,964 persons, all but 417

[[Page 84772]]

persons would remain ``well-served'' by continuing to receive at least 
five full power or Class A stations. The 417 persons that would no 
longer be considered to be ``well-served'' would continue to receive 
service from at least four such stations. This is also a number of 
persons that the Commission has found to be de minimis.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 23-406; RM-11969; DA 23-1107, adopted 
November 27, 2023, and released November 27, 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.
    Providing Accountability Through Transparency Act: The Providing 
Accountability Through Transparency Act, Public Law 118-9, requires 
each agency, in providing notice of a rulemaking, to post online a 
brief plain-language summary of the proposed rule. The required summary 
of this Notice of Proposed Rulemaking/Further Notice of Proposed 
Rulemaking is available at https://www.fcc.gov/proposed-rulemakings.

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 the table in paragraph (j), under South 
Carolina, by revising the entry for Greenville to read as follows:


Sec.  73.622   Digital television table of allotments.

* * * * *
    (j) * * *

------------------------------------------------------------------------
                 Community                           Channel No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                             South Carolina
------------------------------------------------------------------------
 
                                * * * * *
Greenville................................  * 8, 17, 29, 30.
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2023-26676 Filed 12-5-23; 8:45 am]
BILLING CODE 6712-01-P