Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules 15181

418–0530 (VOICE), (202) 418–0432 Community Channel No. This document does not contain (TTY). information collection requirements This document does not contain ***** subject to the Paperwork Reduction Act information collection requirements Superior ...... of 1995, Public Law 104–13. In addition, subject to the Paperwork Reduction Act York ...... 24 therefore, it does not contain any of 1995, Public Law 104–13. In addition, proposed information collection burden therefore, it does not contain any ***** ‘‘for small business concerns with fewer proposed information collection burden [FR Doc. 2021–04769 Filed 3–19–21; 8:45 am] than 25 employees,’’ pursuant to the ‘‘for small business concerns with fewer Small Business Paperwork Relief Act of BILLING CODE 6712–01–P than 25 employees,’’ pursuant to the 2002, Public Law 107–198, see 44 U.S.C. Small Business Paperwork Relief Act of 3506(c)(4). Provisions of the Regulatory 2002, Public Law 107–198, see 44 U.S.C. FEDERAL COMMUNICATIONS Flexibility Act of 1980, 5 U.S.C. 601– 3506(c)(4). Provisions of the Regulatory COMMISSION 612, do not apply to this proceeding. Flexibility Act of 1980, 5 U.S.C. 601– Members of the public should note 612, do not apply to this proceeding. 47 CFR Part 73 that all ex parte contacts are prohibited Members of the public should note from the time a notice of proposed that all ex parte contacts are prohibited [MB Docket No. 21–73; RM–11889; DA 21– rulemaking is issued to the time the from the time a notice of proposed 270; FR ID 17558] matter is no longer subject to rulemaking is issued to the time the Commission consideration or court matter is no longer subject to Television Broadcasting Services review, see 47 CFR 1.1208. There are, Commission consideration or court Toledo, Ohio however, exceptions to this prohibition, review, see 47 CFR 1.1208. There are, AGENCY: Federal Communications which can be found in § 1.1204(a) of the however, exceptions to this prohibition, Commission. Commission’s rules, 47 CFR 1.1204(a). which can be found in § 1.1204(a) of the See §§ 1.415 and 1.420 of the ACTION: Proposed rule. Commission’s rules, 47 CFR 1.1204(a). Commission’s rules for information See §§ 1.415 and 1.420 of the SUMMARY: The Video Division has before regarding the proper filing procedures Commission’s rules for information it a petition for rulemaking filed for comments, 47 CFR 1.415 and 1.420. regarding the proper filing procedures November 27, 2020 (Petition) by In support of its channel substitution request, the Petitioner states that, since for comments, 47 CFR 1.415 and 1.420. Dominion Broadcasting, Inc. the Station transitioned to channel 5 in (Petitioner), the licensee of WLMB List of Subjects in 47 CFR Part 73 2008 in conjunction with the (IND), channel 5, Toledo, Ohio (WLMB Television. Commission’s digital television or Station). The Petitioner requests the transition, it has regularly received Federal Communications Commission. substitution of channel 35 for channel 5 complaints from viewers unable to Thomas Horan, at Toledo, Ohio in the DTV Table of receive the Station’s over-the-air signal. Chief of Staff, Media Bureau. Allotments. Petitioner states that these issues have Proposed Rule DATES: Comments must be filed on or ‘‘continued unabated’’ for twelve years. For the reasons discussed in the before April 21, 2021 and reply Petitioner further states that it ‘‘has been preamble, the Federal Communications comments on or before May 6, 2021. forced to constantly scramble to retain Commission proposes to amend 47 CFR ADDRESSES: Federal Communications viewers with a variety of methods, some part 73 as follows: Commission, Office of the Secretary, 45 costly.’’ Petitioner maintains that these L Street NE, Washington, DC 20554. In propagation problems have put WLMB PART 73—RADIO BROADCAST addition to filing comments with the at a distinct competitive disadvantage to SERVICES FCC, interested parties should serve the other stations broadcasting in the counsel for petitioner as follows: Joseph Toledo market. Petitioner states that the ■ 1. The authority citation for part 73 C. Chautin, III, Esq., Hardy, Carey, Commission has long since recognized continues to read as follows: Chautin & Balkin, LLP, 1080 West that ‘‘VHF channels have certain Authority: 47 U.S.C. 154, 155, 301, 303, Causeway Approach, Mandeville, LA characteristics that have posed 307, 309, 310, 334, 336, and 339. 70471. challenges for their use in providing ■ 2. In § 73.622(i), amend the Post- digital television service’’ and that the FOR FURTHER INFORMATION CONTACT: Station’s experience is no different. Transition Table of DTV Allotments Shaun Maher, Video Division, Media under Nebraska by revising the entry for To remedy its propagation problems, Bureau, at (202) 418–2324 or Petitioner proposes substituting UHF Superior, and adding, in alphabetical [email protected]. order, an entry for York to read as channel 35 for VHF channel 5. SUPPLEMENTARY INFORMATION: This is a follows: Petitioner provides an Engineering synopsis of the Commission’s Notice of Statement that it claims confirms that, § 73.622 Digital television table of Proposed Rulemaking, MB Docket No. with WLMB’s proposed parameters, allotments. 21–73; RM–11889; DA 21–270, adopted including a 375 kW ERP, channel 35 can * * * * * March 4, 2021, and released March 4, be substituted for channel 5 at Toledo, (i) Post-Transition Table of DTV 2021. The full text of this document is Ohio, in compliance with the Allotments. available for download at https:// Commission’s rules. Petitioner states www.fcc.gov/edocs. To request materials that the proposed facility would Community Channel No. in accessible formats (braille, large continue to provide a principal print, computer diskettes, or audio community contour completely recordings), please send an email to ***** covering WLMB’s community of license [email protected] or call the Consumer & and would not cause impermissible Nebraska Government Affairs Bureau at (202) interference to any station. 418–0530 (VOICE), (202) 418–0432 Petitioner contends that the (TTY). Engineering Statement also confirms

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that WLMB’s channel 35 contour would We believe that Petitioner’s channel Community Channel No. be fully contained within the Station’s substitution proposal warrants existing channel 5 contour and would consideration. Channel 35 can be ***** continue to reach what Petitioner substituted for channel 5 at Toledo, Toledo ...... 11, 13, *29, 35, 46, characterizes as a ‘‘substantial majority’’ Ohio, as proposed, in compliance with 49 of the population within the Station’s the principal community coverage ***** current service area, including fully requirements of § 73.625(a) of the covering the City of Toledo. Petitioner Commission’s rules (rules), 18 at [FR Doc. 2021–05442 Filed 3–19–21; 8:45 am] coordinates 41–44–41 N and 084–01–06 concedes that an analysis using the BILLING CODE 6712–01–P Commission’s TVStudy indicates that W. In addition, we find that this WLMB’s move from channel 5 to channel change meets the technical channel 35 would create a predicted requirements set forth in §§ 73.616 and FEDERAL COMMUNICATIONS interference-free population loss of 73.623 of the rules. Given its location, COMMISSION 735,018 persons. However, Petitioner we note that Petitioner’s proposal is maintains, the majority of that subject to coordination with Canada. 47 CFR Part 73 population is located in the densely Although substituting channel 35 for populated Detroit metropolitan area, channel 5 would result in a loss of [MB Docket No. 21–57; RM–11882; DA 21– which is outside of the Toledo, Ohio service to approximately 735,018 166; FR ID 17556] Nielsen Designated Market Area (DMA). persons, we agree with Petitioner that Furthermore, Petitioner continues, the loss area is ‘‘well-served’’ by at least Television Broadcasting Services; when terrain limitations and other over- five other television stations. Further, Savannah, Georgia; Correction the-air television services are taken into although Petitioner’s proposal would account, nearly all viewers predicted to result in a loss of service to AGENCY: Federal Communications lose access to WLMB’s signal would approximately 388 people that would Commission. continue to be ‘‘well served’’ as they not otherwise be ‘‘well-served,’’ we find ACTION: Proposed rule; correction. would continue to have access to at such a loss area to be de minimis. least five full power or Class A List of Subjects in 47 CFR Part 73 SUMMARY: The Federal Communications television signals. Petitioner calculates Commission published a document in Television. that only 388 people are predicted to the Federal Register of March 5, 2021, live in portions of a ‘‘very small new Federal Communications Commission. concerning a petition for rulemaking loss area’’ that would not otherwise be Thomas Horan, filed by Gray Television Licensee, LLC well-served. Petitioner asserts, however, Chief of Staff, Media Bureau. (Gray) requesting the substitution of that even those viewers would not lose channel 23 for channel 11 at Savannah, Proposed Rule access to their only over-the-air Georgia in the DTV Table of Allotments. television service, as they continue to For the reasons discussed in the The document contained the incorrect receive three full power or Class A preamble, the Federal Communications address for counsel of petitioner. Commission proposes to amend 47 CFR television signals. DATES: March 22, 2021. part 73 as follows: Petitioner claims that the Commission FOR FURTHER INFORMATION CONTACT: will approve a proposed channel PART 73—RADIO BROADCAST Andrew Manley, Andrew.Manley@ substitution that includes a loss of SERVICE fcc.gov, Media Bureau, (202) 418–0596. service if the proposal is ‘‘supported by a strong showing of countervailing ■ 1. The authority citation for part 73 SUPPLEMENTARY INFORMATION: public interest,’’ such as offsetting continues to read as follows: Correction service gains. Given the persistent Authority: 47 U.S.C. 154, 155, 301, 303, In FR Doc. 2021–04635, in the feedback WLMB has received about 307, 309, 310, 334, 336, 339. reception issues within the Station’s Federal Register of March 5, 2021, on ■ 2. In § 73.622(i), amend the Post- core coverage area, Petitioner maintains page 12898, in the third column, correct Transition Table of DTV Allotments that any ‘‘nominal population loss’’ in the ADDRESS caption to read: under Ohio by revising the entry for outlying areas of the station’s contour Toledo to read as follows: ADDRESSES: Federal Communications would be more than outweighed by the Commission, Office of the Secretary, 45 substantial improvement in the Station’s § 73.622 Digital television table of L Street NE, Washington, DC 20554. In actual over-the-air reception within its allotments. addition to filing comments with the community of license and in other core * * * * * FCC, interested parties should serve portions of its service area. Petitioner (i) * * * counsel for petitioner as follows: Joan concludes that the proposed Stewart, Esq., Wiley Rein LLP, 1776 K substitution of channel 35 therefore Community Channel No. Street NW, Washington, DC 20006. would serve the public interest by giving Toledo-area residents greater, Dated: March 9, 2021. ***** more reliable access to WLMB’s free Thomas Horan, Chief of Staff, Media Bureau. over-the air signal, with few if any Ohio viewers losing access to robust over-the- [FR Doc. 2021–05421 Filed 3–19–21; 8:45 am] air service. BILLING CODE 6712–01–P

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