[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Proposed Rules]
[Page 56250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15040]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 24-176; RM-11984; DA 24-562; FR ID 229917]


Television Broadcasting Services Cape Girardeau, Missouri

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Video Division, Media Bureau (Bureau), has before it a 
petition for rulemaking filed June 7, 2024, by Gray Television 
Licensee, LLC (Gray), the licensee of KFVS-TV, channel 11, Cape 
Girardeau, Missouri (Station or KFVS-TV). Gray held a construction 
permit to construct a facility on channel 32 at Cape Girardeau. Gray 
now requests that the Bureau substitute channel 11 for channel 32 at 
Cape Girardeau in the Table of TV Allotments, with the technical 
parameters as set forth in KFVS-TV's current license.

DATES: Comments must be filed on or before August 8, 2024 and reply 
comments on or before August 23, 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: Joan Stewart, Esq., Wiley Rein, LLP, 1776 K 
Street NW, Washington, DC 20006.

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

SUPPLEMENTARY INFORMATION: On May 5, 2021, the Bureau granted a 
petition for rulemaking submitted by Gray to substitute channel 32 for 
channel 11 at Cape Girardeau for KFVS-TV. On June 23, 2021, Gray was 
granted a construction permit for its new channel, with an expiration 
date of June 23, 2024. In its Petition, Gray stated that it would be 
unable to complete construction of the channel 32 facility by the 
expiration date. Thus, Gray requests amendment of the Table of TV 
Allotments to allow it to continue to operate on channel 11. Gray 
proposes to specify the technical parameters of its currently licensed 
channel 11 facility. We believe that the Petitioner's channel 
substitution proposal for KFVS-TV warrants consideration. KFVS-TV is 
currently operating on channel 11 and the substitution of channel 11 
for channel 32 in the Table of TV Allotments will allow the Station to 
remain on the air and continue to provide service to viewers within its 
service area. Given that Gray proposes to utilize its currently 
licensed parameters, we believe channel 11 can be substituted for 
channel 32 at Cape Girardeau as proposed, in compliance with the 
principal community coverage requirements of Sec.  73.618(a) of the 
Commission's rules (rules), at coordinates 37-25'-44.7'' N and 089-30'-
14.2'' W. 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 Notice of Proposed 
Rulemaking, MB Docket No. 24-176; RM-11984; DA 24-562, adopted June 28, 
2024, and released June 28, 2024. 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 Sec.  1.1204(a) of the Commission's 
rules, 47 CFR 1.1204(a).
    See Sec. Sec.  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, amend the table in paragraph (j), under Missouri, 
by revising the entry for Cape Girardeau to read as follows:


Sec.  73.622   Digital television table of allotments.

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    (j) * * *

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                Community                           Channel No.
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                                Missouri
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                                * * * * *
Cape Girardeau..........................  11, 36.
 
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[FR Doc. 2024-15040 Filed 7-8-24; 8:45 am]
BILLING CODE 6712-01-P