[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Rules and Regulations]
[Pages 6023-6024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01928]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-336; RM-11967; DA 24-70; FR ID 199273]


Television Broadcasting Services Wittenberg and Shawano, 
Wisconsin

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Video Division, Media Bureau (Bureau), has before it a 
notice of proposed rulemaking issued in response to a petition for 
rulemaking filed by TV 49, Inc. (TV-49 or Petitioner), the permittee of 
an unbuilt television station on channel 31 allotted to Wittenberg, 
Wisconsin. The Petitioner has requested that the Commission delete 
channel 31 from Wittenberg and allot it to Shawano, Wisconsin in the 
Table of TV Allotments and modify its construction permit to specify 
Shawano as its community of license. TV-49 filed comments in support of 
the petition, as required by the rules, reaffirming its commitment to 
file for channel 31 at Shawano.

DATES: Effective March 1, 2024.

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

SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
72417 on October 20, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel 31. No 
other comments were filed.
    The Bureau believes the public interest would be served by 
reallotting channel 31 from Wittenberg to Shawano in the Table of TV 
Allotments consistent with the technical parameters set forth in the 
Amended Petition. The Technical Exhibit submitted with TV-49's Amended 
Petition demonstrates that the

[[Page 6024]]

proposed allotment of channel 31 at Shawano is short-spaced to the 
current allotment at Wittenberg and thus, is mutually exclusive. We 
also conclude that the reallotment of channel 31 from Wittenberg to 
Shawano will result in a preferential arrangement of allotments in 
accordance with the Commission's second television allotment priority--
to provide each community with at least one television broadcast 
station. Shawano is the seat of Shawano County, in which both 
communities are located, and is nine times larger than Wittenberg. As 
TV-49 has demonstrated, Shawano has the population and public services 
indicative of a community deserving of its own television station. For 
example, the Shawano school district operates five public schools and 
Northeast Wisconsin Technical College operates a Regional Learning 
Campus in Shawano. Shawano is governed by a mayor and six alderpersons, 
who collectively comprise its Common Council. Shawano also provides a 
number of municipal services, including but not limited to those 
provided through the Shawano-Bonduel Municipal Court, the Shawano 
Department of Public Works, the Shawano Police Department, and the 
Shawano Municipal Utilities.
    While based on the facts above we find that TV-49's proposal 
represents a preferential arrangement of allotments pursuant to the 
Commission's second allotment priority, grant of the proposed 
reallotment will remove Wittenberg's only local service, which the 
Commission generally prohibits. After reviewing the record, we find on 
balance that the public would benefit from grant of a waiver of our 
general prohibition on the removal of a community's first local 
service. Not only is Shawano a significantly more populated community, 
but the channel 31 facility has not yet been constructed, and thus no 
viewers have come to rely on any existing service, a factor the 
Commission has found to be mitigating in the context of whether it 
would remove the sole channel allotted to a community. Of equal 
significance is the fact that six licensed full power television 
stations currently provide noise-limited service to all of Wittenberg 
and TV-49 demonstrates that once the Station commences operations it 
will also provide noise-limited service to Wittenberg. In addition, the 
proposed allotment at Shawano is otherwise in compliance with all of 
our technical rules. As proposed, channel 31 can be allotted to Shawano 
in compliance with the principal community coverage requirements of 
Sec.  73.625(a) of the rules, at coordinates 44[deg]46'56.0'' N and 
88[deg]36'32.0'' N. Furthermore, we find that the proposed change in 
community of license meets the technical requirements set forth in 
Sec. Sec.  73.616 and 73.623 of the rules.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-336; RM-11967; DA 24-70, adopted January 24, 2024, and released 
January 24, 2024. The full text of the 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 the 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 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.


0
2. In Sec.  73.622(j), amend the Table of TV Allotments, under 
Wisconsin, by:
0
a. Adding an entry in alphabetical order for ``Shawano''; and
0
b. Removing the entry for ``Wittenberg''.
    The addition reads as follows:


Sec.  73.622   Digital television table of allotments.

* * * * *
    (j) * * *

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                        Community                           Channel No.
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                                Wisconsin
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                                * * * * *
Shawano.................................................              31
 
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[FR Doc. 2024-01928 Filed 1-30-24; 8:45 am]
BILLING CODE 6712-01-P