Federal Communications Commission	DA 21-523


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
(Cape Girardeau, Missouri)
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MB Docket No. 21-50
RM-11875

REPORT AND ORDER

(Proceeding Terminated)

Adopted:  May 5, 2021	Released:  May 5, 2021

By the Chief, Video Division, Media Bureau:

1. The Video Division, Media Bureau (Bureau), has before it a Notice of Proposed Rulemaking Amendment of Section 73.73.622(i), Post-Transition Table of DTV Allotments, Television Stations (Cape Girardeau, Missouri), MB Docket No. 21-50, Notice of Proposed Rulemaking, DA 21-159 (Vid. Div. 2021) (NPRM).
 issued in response to a Petition for Rulemaking filed by Gray Television Licensee, LLC (the Petitioner), the licensee of KFVS (CBS), channel 11 (KFVS or Station), Cape Girardeau, Missouri.  The Petitioner has requested the substitution of UHF channel 32 for VHF channel 11 at Cape Girardeau 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.  As a result of the Commission’s Incentive Auction and repacking process, KFVS was repacked from channel 12 to channel 11.  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 KFVS’s repacked channel 11 and the Post-Transition Table of DTV Allotments, 47 CFR § 73.622(i) (2018), for the purpose of this proceeding.  See NPRM at 1, n.1.
  
2. The Petitioner filed comments in support of the petition, as required by the Commission’s rules, 47 CFR §§ 1.415, 1.419; see also Buffalo, Iola, Normangee, and Madisonville, Texas, Report and Order, MB Docket No. 07-729, 24 FCC Rcd 8192, 8194, para. 9 (Aud. Div. 2009).  
 reaffirming its commitment to applying for channel 32.  No other comments were filed.  We believe the public interest would be served by substituting channel 32 for channel 11 at Cape Girardeau.  According to the Petitioner, KFVS has received numerous complaints from viewers unable to receive the Station’s over-the-air signal, despite being able to receive signals from other stations.  The Petitioner states that operation on channel 32 will result in a substantial increase in signal receivability for KFVS viewers. NPRM at 1-2.
  Gray has demonstrated that the proposed channel 32 noise limited service contour matches KFVS’s existing noise limited service contour, and the proposed change will result in no loss of service. Id.  See also, Petition of Grey Television Licensee, LLC for Rulemaking (filed Nov. 27, 2020), LMS File No. 0000127522 at 3, Engineering Exhibit at 3.

3. As proposed, channel 32 can be substituted for channel 11 at Cape Girardeau, Missouri, 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 37-25-46.0 N and 89-30-14.0 W.  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. 
Cape Girardeau, Missouri           32                        473                      609.1                           910,039
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 Procedure Act. 5 U.S.C. § 553(d)(3).
  An expedited effective date is necessary in this case to ensure that KFVS can operate with improved service to its viewers  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, 47 U.S.C. §§ 154(i), 155(c)(1), 303(g), (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, 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, 47 CFR § 73.622(i), IS AMENDED, with respect to the community listed below, to read as follows:
City and State		Channel No.		
Cape Girardeau, Missouri                         22, 32
6. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, Gray Television Licensee, LLC shall submit to the Commission a minor change application for a construction permit (Form 2100, Schedule A) specifying channel 32 in lieu of channel 11.
7. IT IS FURTHER ORDERED, That pursuant to section 801(a)(1)(A) of the Congressional Review Act, 5 U.S.C. § 801(a)(1)(A), the Commission SHALL SEND a copy of the Order to Congress and to the Government Accountability Office.
8. IT IS FURTHER ORDERED, That should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 21-50 SHALL BE TERMINATED and its docket closed.
9. For further information concerning the proceeding listed above, contact Andrew Manley, Video Division, Media Bureau, (202) 418-0596, Andrew.Manley@fcc.gov.
						FEDERAL COMMUNICATIONS COMMISSION




						Barbara A. Kreisman
						Chief, Video Division
						Media Bureau
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