Federal Communications Commission DA 18-1242 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Amendment of Section 73.622(i) Digital Television Broadcast Stations (Morehead and Richmond, Kentucky) ) ) ) ) ) ) MB Docket No. 18-320 RM-11817 REPORT AND ORDER (Proceeding Terminated) Adopted: December 11, 2018 Released: December 11, 2018 By the Chief, Video Division, Media Bureau: I. INTRODUCTION 1. At the request of ION Media Lexington License, Inc. (ION), licensee of digital television station WUPX-TV, channel 21, Morehead, Kentucky (WUPX), the Commission has before it an unopposed Notice of Proposed Rulemaking (NPRM) to amend the DTV Table of Allotments to reallot channel 21 from Morehead, Kentucky, to Richmond, Kentucky. Amendment of Section 73.622(i), Table of Allotments, Digital Television Broadcast Stations (Morehead and Richmond, Kentucky), Notice of Proposed Rulemaking, DA 18-1070 (rel. Oct. 18, 2018). ION filed comments in support of the NPRM. Comments and Expression of Continued Interest of ION Media Lexington License, Inc. (filed Nov. 29, 2018) (ION Comments). For the reasons below, this Report and Order: (1) grants ION’s request to change WUPX’s community of license to Richmond, Kentucky; (2) amends the DTV Table of Allotments to reflect the change; (3) modifies WUPX’s license to reflect that its community of license is Richmond, Kentucky; and (4) condition any authorizations implementing this community of license change on continued service to Morehead, Kentucky. II. BACKGROUND 1. On October 9, 2018, ION filed a petition for rulemaking proposing to reallot channel 21 from Morehead to Richmond Petition for Rulemaking of ION Media Lexington License, Inc. (filed October 9, 2017) (Petition). We note that this petition is the most recent iteration of ION’s original petition filed on October 3, 2018. See LMS File No. 0000060369. pursuant to Section 1.420(i) of the Commission’s rules. See Petition at 1. Section 1.420(i) of the rules provides that the Commission, during a rulemaking proceeding to amend the Table of Allotments, may modify a station’s license to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. 47 CFR § 1.420(i); see also Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order, 4 FCC Rcd 4870, 4873, para. 22 (1989) (Change in Community R&O), recon. granted in part, 5 FCC Rcd 7094 (1990) (Recon MO&O). The Commission will apply this procedure in the limited circumstances where: (1) the new allotment will be mutually exclusive with a station’s existing allotment; (2) the new allotment will result in a preferential arrangement of the allotments according to the Commission’s television allotment priorities; and (3) the new allotment will not deprive a community of its sole local transmission outlet. Change in Community RO&O, 4 FCC Rcd at 4874, para. 28. In the Petition, ION first claimed that the proposed reallotment is mutually exclusive with WUPX’s current allotment because it is based on the technical specifications currently authorized for WUPX, which ION is currently not proposing to change. See Petition at 1-2. Second, ION asserted that the proposed reallotment represents a preferential arrangement of allotments under the Commission’s second allotment priority by providing Richmond with its first local transmission service. Id. at 3-4. ION explained that Richmond not only qualifies as a community for allotment purposes, but also is a much larger community than Morehead and is deserving of its first local transmission service. Id. ION noted that Richmond (population of 31,364, compared to Morehead’s population of 6,845) is the third largest city in the “Bluegrass Region” and is the county seat of Madison County, Kentucky. Petition at 3, n.7. ION also noted that Richmond has an active government, which “oversees municipal services such as the Richmond Fire Department, the Richmond Police Department, [the] Richmond Recycling Plant, and Richmond [u]tilities (including [w]ater, [g]as[,] and [s]anitary [s]ewer services).” Petition at 3-4. Furthermore, ION claimed that Richmond has a local newspaper service; a regional airport; two libraries; two performing arts centers; four hospital/medical centers; five museums; six radio stations; six historical sites; over 50 places of worship; several public, private, and technical/trade schools; numerous state and local parks; and is home to the Eastern Kentucky University. Petition, Exhibit B. Finally, ION asserted that the proposed reallotment will not deprive Morehead of its sole broadcast station as it will continue to be served by station WKMR(TV), licensed to Kentucky Authority for Educational TV, on channel *15 at Morehead. Petition at 4. 2. On October 18, 2018, the Video Division issued the NPRM, which concluded that ION provided sufficient information to warrant further consideration of its proposal to amend the DTV Table of Allotments by deleting channel 21 at Morehead and substituting channel 21 at Richmond. Supra n.1, para. 4. Accordingly, the Video Division sought public comment on whether the Commission should grant the proposed reallotment. Id. 3. On November 29, 2018, ION filed comments expressing continued support for the proposed reallotment. Supra n.2. ION reiterated that the proposed reallotment would serve the public interest because it satisfies the Commission’s second allotment priority. ION Comments at 2. III. DISCUSSION 4. When evaluating a proposed reallotment, the Commission compares the proposal against the existing allotment to determine whether the change would result in a preferential arrangement of allotments. Amendment of Section 3.606 of the Commission’s Rules and Regulations, Sixth Report and Order, 41 F.C.C. 148, 167-173 (1952) (Sixth Report and Order). The Commission will consider any proposal to change the DTV Table of Allotments to be in the public interest if it satisfies one of the Commission’s five allotment priorities. Id. The five allotment priorities are: (1) to provide at least one television service to all parts of the United States; (2) to provide each community with at least one television broadcast station; (3) to provide a choice of at least two television services to all parts of the United States; (4) to provide each community with at least two television broadcast stations; and (5) to assign any remaining channels to communities based on population, geographic location, and the number of television services available to the community from stations located in other communities. Id. Here, we find that the proposal represents a preferential arrangement of allotments pursuant to the Commission’s second allotment priority by providing Richmond, the third largest city in Kentucky, with its first local television service. Moreover, because Morehead will not be deprived of its sole local service, we believe that grant of the proposed reallotment is in the public interest. Recon MO&O, 5 FCC Rcd at 7096, paras. 16-17. IV. ORDERING CLAUSES 5. ACCORDINGLY, IT IS ORDERED that the Petition for Rulemaking filed by ION Media Lexington License, Inc., licensee of WUPX-TV, Morehead, Kentucky, IS GRANTED. 6. IT IS FURTHER ORDERED that, pursuant to the authority in Sections 154(i), 155(c)(1), 303(g) and (r), and 307(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 155(c)(1), 303(g) and (r), and 307(b). and Sections 0.61, 0.204(b), and 0.283 of the Commission’s rules, 47 CFR §§ 0.61, 0.204(b), and 0.283. the DTV Table of Allotments, Section 73.622(i) of the Commission’s rules, IS AMENDED, with respect to Morehead and Richmond, Kentucky, to read as follows: Channel No. City and State Present Amended Morehead, Kentucky *15, 21 *15 Richmond, Kentucky - 21 7. IT IS FURTHER ORDERED that the authorization for station WUPX-TV IS MODIFIED to reflect that the station’s community of license is Richmond, Kentucky. 8. IT IS FURTHER ORDERED that any authorization implementing this community of license change IS CONDITIONED upon continued service to Morehead, Kentucky. 9. IT IS FURTHER ORDERED that the Commission will send a copy of this order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. 5 U.S.C. §§ 801 et seq. 10. IT IS FURTHER OREDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 4