2023-05117. Television Broadcasting Services Kalispell, Montana

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

The Commission has before it a petition for rulemaking filed by Sinclair Media Licensee, LLC (Petitioner), the licensee of KCFW-TV, channel 9, Kalispell, Montana. The Petitioner requests the substitution of channel 17 for channel 9 at Kalispell in the Table of Allotments.

DATES:

Comments must be filed on or before April 13, 2023 and reply comments on or before April 28, 2023.

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: Paul Cicelski, Esq., Lerman Senter PLLC, 2001 L Street NW, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

Joyce Bernstein, Media Bureau, at [phone]; or Joyce Bernstein, Media Bureau, at [e-mail].

SUPPLEMENTARY INFORMATION:

In support, the Petitioner states that the Station has a long history of severe reception problems as a result of its operation on a VHF channel. The Petitioner further states that the Commission has recognized that VHF channels pose challenges for their use in providing digital television service, including propagation characteristics that allow undesired signals and noise to be receivable at relatively far distances and result in large variability in the performance of indoor antennas available to viewers with most antennas performing very poorly on high VHF channels. According to the Petitioner, KCFW-TV “has received numerous complaints from viewers unable to receive that Station's over-the-air signal, despite being able to receive signals from other local stations.” Petitioner asserts that its channel substitution proposal will serve the public in by resolving the over-the-air reception problems and enhancing viewer reception in KCFW-TV's service area. An analysis provided by the Petitioner using the Commission's TVStudy software tool indicates that all but approximately 75 persons will continue to receive the signal, a number the Petitioner asserts is de minimis. Furthermore, in addition to maintaining full coverage of its community of license, Petitioner notes that the proposed change to channel 17 will result in a predicted increase in service to more than 38,000 persons.

This is a synopsis of the Commission's Notice of Proposed Rulemaking, MB Docket No. 23-79; RM-11947; DA 23-160, adopted March 1, 2023, and released March 1, 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 [e-mail] or call the Consumer & Government Affairs Bureau at [phone] (VOICE), [phone] (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, see44 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, see47 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.

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 SERVICES

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.

§ 73.622

[Amended]

2. In § 73.622 in paragraph (j), amend the Table of Allotments under Montana by revising the entry for Kalispell to read as follows:

§ 73.622

Table of allotments.

* * * * *

(j) * * *

Community	Channel No.
*    *    *    *    *
MONTANA
*    *    *    *    *
Kalispell	* 15, 17
*    *    *    *    *