Federal Communications Commission	DA 21-582


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
(Albany, Georgia)
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MB Docket No. 21-70
RM-11886

REPORT AND ORDER

(Proceeding Terminated)

Adopted:  May 17, 2021	Released:  May 17, 2021

By the Chief, Video Division, Media Bureau:

1. The Video Division, Media Bureau (Bureau), has before it a Notice of Proposed RulemakingAmendment of Section 73.73.622(i), Post-Transition Table of DTV Allotments, Television Stations (Albany, Georgia), MB Docket No. 21-70, Notice of Proposed Rulemaking, DA 21-267 (rel. Mar. 4, 2021) (NPRM).
 issued in response to a Petition for Rulemaking filed by WFXL Licensee, LLC (Licensee), the licensee of WFXL (FOX), channel 12, Albany, Georgia.  The Licensee has requested the substitution of UHF channel 29 for VHF channel 12 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.2.
  
2. The Licensee 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 29.   In addition, Jerry E. White filed comments supporting the proposed channel substitution, stating that he lives in Meigs, Georgia, and that since the DTV transition, he has had difficulty receiving WFXL on VHF channel 12. Comments of Jerry E. White (filed Apr. 6, 2021).
  No other comments were filed.  
3. We believe the public interest would be served by substituting channel 29 for channel 12 at Albany, Georgia.  The Licensee states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, and that the reception of VHF signals requires larger antennas generally not well suited to the mobile applications relative to UHF channels. NPRM at para. 2.
  In addition, according to the Licensee, WFXL 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. Id.  While the Licensee contends that the channel substitution would benefit ATSC 3.0 reception in addition to ATSC 1.0 reception, id., we do not find that the Licensee’s arguments concerning ATSC 3.0 reception to be a controlling factor in our decision, especially given the early stages of deployment and limited availability of consumer devices.
  In addition, the Licensee submitted an analysis, using the Commission’s TVStudy software analysis program, demonstrating that WFXL will continue to serve all of the population located within the licensed channel 12 contour. Id.

4. As proposed, channel 29 can be substituted for channel 12 at Albany, Georgia, in compliance with the principal community coverage requirements of section 73.625(a) of the Commission’s rules (rules), 47 CFR § 73.625(a).
 at coordinates 31-19-53.0 N and 83-51-43.0 W.  In addition, we find that this channel change meets the technical requirements set forth in sections 73.616 and 73.623 of the 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. 
Albany, Georgia              29                    1000                        253                              676,426  
5. 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 WFXL can operate with improved service to its viewers  as quickly as possible.
6. 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.		
Albany, Georgia                         10, 29
7. IT IS FURTHER ORDERED, That within 30 days of the effective date of this Order, WFXL Licensee, LLC shall submit to the Commission a minor change application for a construction permit (Form 2100, Schedule A) specifying channel 29 in lieu of channel 12.
8. 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.
9. IT IS FURTHER ORDERED, That should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 21-70 and RM-11886 SHALL BE TERMINATED and its docket closed.
10. 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
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