[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Rules and Regulations]
[Pages 36718-36719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09658]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-380; RM-11968; DA 24-381; FR ID 216242]


Television Broadcasting Services Missoula, Montana.

AGENCY: Federal Communications Commission.

[[Page 36719]]


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 Sinclair Media Licensee, LLC (Petitioner or 
Sinclair), the licensee of KECI-TV (Station or KECI-TV), channel 13, 
Missoula, Montana (Missoula). The Station is currently operating on 
channel 13, and in 2021, the Bureau granted Sinclair's request to 
substitute UHF channel 20 for VHF channel 13 at Missoula in the Table 
of TV Allotments (Table). Sinclair currently holds a construction 
permit to modify its facility to operate on channel 20 and has 
petitioned for the substitution of channel 21 for channel 20 at 
Missoula in the Table. Sinclair filed comments in support of the 
petition, as required by the Commission's rules (rules), reaffirming 
its present intention to apply for a construction permit to build the 
Station's facilities on channel 21 and to promptly construct such 
facilities.

DATES: Effective May 3, 2024.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or [email protected], or Mark Colombo, Media 
Bureau, at (202) 418-7611 or [email protected].

SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
80256 on November 17, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel 21. No 
other comments were filed.
    The Bureau believes the public interest would be served by 
substituting channel 21 for channel 20 at Missoula. As explained in the 
Petition, at the same time Sinclair requested and was granted the 
substitution of channel 20 for channel 13 at Missoula, it also 
requested and was granted the substitution of UHF channel 20 for VHF 
channel 6 for co-owned station KTVM-TV, Butte, Montana (Butte). As a 
result, both KTVM-TV and KECI-TV would operate on a co-channel basis, 
and Sinclair had determined that predicted interference from both 
stations operating on channel 20 would affect less than 1 percent of 
the populations within the noise limited service contours (NLSC) of 
each station. When the Bureau granted the substitution of channel 20 
for channel 13 at Missoula, it also found that the proposed channel 20 
facility had a predicted service population of 227,295 persons, a net 
gain of potential viewers over the existing KECI-TV channel 13 
facility. Sinclair now explains, however, that in preparing to 
construct the new facilities on channel 20 for both stations, its local 
engineering staff determined that despite the predictions, the actual 
interference consequences of both stations operating on channel 20 at 
Missoula and Butte would result in a more significant number of persons 
receiving interference, and that the interference would not be 
localized but spread throughout large portions of the KTVM-TV and KECI-
TV service areas. An analysis provided by the Petitioner indicates that 
operation of KECI-TV on channel 21 instead of channel 13 would result 
in a net gain in persons within the Station's NLSC receiving 
interference-free service, as well as an increase in the population 
that would receive interference-free service if the Station were to 
remain on the currently-allotted channel 20.
    We also find that the proposal complies with all relevant technical 
requirements for amendment of the Table of TV Allotments, including the 
interference protection requirements of Sec.  73.622(a) of the rules, 
and further demonstrates that the proposed channel 21 facility will 
provide full principal community coverage to Missoula as required by 
Sec.  73.618 of the rules. Moreover, the proposed channel substitution 
would not cause any additional loss of service, which we have already 
found to be de minimis, will increase the population within both KECI-
TV's and KTVM-TV's NLSCs that will receive interference-free service, 
and resolve co-channel interference issues caused by the stations' 
approved co-channel operation.
    As proposed, channel 21 can be substituted for channel 20 at 
Missoula in compliance with the principal community coverage 
requirements of Sec.  73.618(a) of the rules, at coordinates 47-01'-
04.0'' N and 114-00'-50.0'' W. The proposed facility is located within 
the Canadian coordination zone and concurrence from the Canadian 
government has been obtained for this allotment.
    In addition, we find that this channel change meets the technical 
requirements set forth in Sec.  73.622(a) of the rules.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-380; RM-11968; DA 24-381, adopted April 23, 2024, and released 
April 23, 2024. 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, in paragraph (j), amend the Table of TV Allotments, 
under Montana, by revising the entry for Missoula to read as follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (j) * * *

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                 Community                           Channel No.
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                                * * * * *
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                                 Montana
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                                * * * * *
Missoula..................................  *11, 21, 23, 25
 
                                * * * * *
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[FR Doc. 2024-09658 Filed 5-2-24; 8:45 am]
BILLING CODE 6712-01-P