2022-07959. Television Broadcasting Services Memphis, Tennessee

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

The Federal Communications Commission (Commission) has before it a petition for rulemaking filed by Gray Television Licensee, LLC (Petitioner), the licensee of WMC-TV, channel 5, Memphis, Tennessee. The Petitioner requests the substitution of channel 30 for channel 5 at Memphis in the Table of Allotments.

DATES:

Comments must be filed on or before May 16, 2022 and reply comments on or before May 31, 2022.

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, 2050 M Street NW, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

In support, the Petitioner states the proposed channel substitution serves the public interest because it will resolve significant over-the-air reception problems in WMC-TV's existing service area. The Petitioner further states that the Commission has recognized the deleterious effects manmade noise has on the reception of digital VHF signals, and that the propagation characteristics of these channels allow undesired signals and noise to be receivable at relatively farther distances compared to UHF channels, and nearby electrical devices can cause interference. According to the Petitioner, an analysis using the Commission's TVStudy software tool indicates that WMC-TV's move from channel 5 to channel 30 is predicted to create an area where 4,072 persons are predicted to lose service. The loss area, however, is partially overlapped by the noise limited contours of other NBC affiliated stations and most viewers will continue to receive service from five or more stations. As a result, Petitioner asserts that only 64 persons would no longer receive NBC network programming, or service from five or more full power television services. In practice, Gray expects that few if any persons who are currently able to receive WMC-TV's over-the-air signal on channel 5 would no longer be able to receive WMC-TV's over-the-air signal as a result of the transition to channel 30.

This is a synopsis of the Commission's Notice of Proposed Rulemaking, MB Docket No. 22-146; RM-11925; DA 22-367, adopted April 5, 2022, and released April 5, 2022. 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, 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 § 1.1204(a) of the Commission's rules, 47 CFR 1.1204(a). See §§ 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.

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

§ 73.622

Digital television table of allotments.

* * * * *

(j) * * *

Community	Channel No.
*    *    *    *    *
Tennessee
*    *    *    *    *
Memphis	13, 23, 25, 28, *29, 30, 31, 33
*    *    *    *    *