Federal Communications Commission DA 20-1436 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.622(i), Post-Transition Table of DTV Allotments, Television Broadcast Stations (Mesa, Arizona) ) ) ) ) ) ) ) MB Docket No. 20-331 RM-11863 REPORT AND ORDER (Proceeding Terminated) Adopted: December 2, 2020 Released: December 2, 2020 By the Chief, Video Division, Media Bureau: 1. The Media Bureau, Video Division (Bureau), has before it a Notice of Proposed RulemakingAmendment of Section 73.73.622(i), Post-Transition Table of DTV Allotments, Television Stations (Mesa, Arizona), Notice of Proposed Rulemaking, DA 20-1192 (rel. Oct. 13, 2020) (NPRM). issued in response to a petition for rulemaking filed by Multimedia Holdings Corporation (Multimedia), the licensee of KPNX, channel 12 (NBC), Mesa, Arizona. Multimedia has requested the substitution of channel 18 for channel 12 at Mesa in the DTV Table of Allotments. As noted in the NPRM, on April 13, 2017, the Commission completed the incentive auction and broadcast television spectrum repacking authorized by the Spectrum Act, and the post-incentive auction transition period ended on July 13, 2020. The Bureau will amend the rules to reflect all new full power channel assignments in a revised Table of Allotments, but because the Table has not yet been amended, the Bureau has continued to refer to the Post-Transition Table of DTV Allotments, 47 CFR § 73.622(i) (2018), for the purpose of this proceeding. See NPRM at n.1. The Bureau had instituted a freeze on the acceptance of rulemaking petitions by full power television stations requesting channel substitutions in May 2011, and waived the freeze to consider Multimedia’s proposal to substitute channel 18 at Mesa. NPRM at paras. 2-3, 5-6. The Bureau has since lifted the freeze. See Media Bureau Lifts Freeze on the Filing of Television Station Minor Modification Applications and Rulemaking Petitions Effective Fifteen Days After Publication in the Federal Register, Public Notice, DA 20-1269 (rel. Oct. 29, 2020). This action was effective on November 27, 2020. See 85 FR 73706 (Nov. 19, 2020). 2. TEGNA, Inc., on behalf of its subsidiary, Multimedia, filed comments in support of the petition, as required by the Commission’s rules, 47 CFR §§ 1.415, 1.419. reaffirming its commitment to applying for channel 18. No other comments were filed. We believe the public interest would be served by substituting DTV channel 18 for channel 12 at Mesa. The channel substitution will permit the station to better serve its viewers, who have experienced reception problems with VHF channel 12. 3. DTV channel 18 can be substituted for DTV channel 12 at Mesa, as proposed, in compliance with the principal community coverage requirements of section 73.625(a) of the Commission’s rules, 47 CFR § 73.625(a). at coordinates 33-20-00.0 N and 112-03-51.0 W. The proposed facility is located within the Mexican coordination zone, and the Mexican government has concurred with this allotment. In addition, we find that this channel change meets the technical requirements set forth in sections 73.616 and 73.623 of the Commission’s rules with the following specifications: 47 CFR §§ 73.616, 73.623. City and State DTV Channel DTV Power (kW) Antenna HAAT (m) DTV Service Pop. Mesa, Arizona 18 1000 555.0 4,194,863 4. We also conclude that good cause exists to make this channel change effective immediately upon publication in the Federal Register, pursuant to section 553(d)(3) of the Administrative Procedures Act. 5 U.S.C. § 553(d)(3). An expedited effective date is necessary in this case to ensure that station KPNX can provide improved service to the market as quickly as possible. 5. Accordingly, pursuant to the authority contained in sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and sections 0.61, 0.204(b) and 0.283 of the Commission’s rules, IT IS ORDERED, That effective immediately upon the date of publication in the Federal Register, the DTV Table of Allotments, section 73.622(i) of the Commission’s rules, IS AMENDED, with respect to the community listed below, to read as follows: City and State Channel No. Mesa, Arizona 18 6. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, Multimedia Holdings Corporation shall submit to the Commission a minor change application for a construction permit (Form 2100, Schedule B) specifying DTV channel 18 in lieu of DTV channel 12. 7. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning the proceeding listed above, contact Joyce L. Bernstein, Video Division, Media Bureau, (202) 418-1647, Joyce.Bernstein@fcc.gov. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 2