Federal Communications Commission	DA 21-583


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 (Quincy, Illinois)

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MB Docket No. 21-219
RM-11907
NOTICE OF PROPOSED RULEMAKING

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

Comment Date:  [30 days after date of publication in the Federal Register]
Reply Comment Date:  [45 days after date of publication in the Federal Register]

By the Chief, Video Division, Media Bureau:

I. INTRODUCTION
1. The Video Division, Media Bureau (Bureau), has before it a petition for rulemaking filed May 4, 2021, by WGEM License, LLC (Petitioner), the licensee of WGEM-TV (NBC), channel 10, Quincy, Illinois. Petition of KGEM License, LLC for Rulemaking (filed May 4, 2021), LMS File No. 0000144525 (Petition).  
  The Petitioner requests the substitution of channel 19 for channel 10 at Quincy in the DTV Table of Allotments. On April 13, 2017, the Commission completed the incentive auction and broadcast television spectrum repacking authorized by the Spectrum Act.  See Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, §§ 6402 (codified at 47 U.S.C. § 309(j)(8)(G)), 6403 (codified at 47 U.S.C. § 1452), 126 Stat. 156 (2012) (Spectrum Act); Incentive Auction Closing and Channel Reassignment Public Notice:  The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32 FCC Rcd 2786 (2017).  The post-incentive auction transition period ended on July 13, 2020.  The Media Bureau will amend the rules to reflect all new full power channel assignments in a revised Table of Allotments.  Because the Table has not yet been amended, the Division will continue to refer to the Post-Transition Table of DTV Allotments, 47 CFR § 73.622(i) (2018), for the purpose of this proceeding.
 
II. BACKGROUND
2. In support of its channel substitution request, the Petitioner states that the Commission has recognized that VHF channels have certain characteristics that pose challenges for their use in providing digital television service, including propagation characteristics that allow undesired signals and noise to be receivable at relatively far distances and nearby electrical devices to cause interference. Petition at 2, citing Innovation in the Broadcast Television Bands: Allocations, Channel Sharing and Improvements to VHF, ET Docket No. 10-235, Notice of Proposed Rulemaking, 25 FCC Rcd 16498, 16511, paras. 42, 44 (2010).
  According to the Petitioner, it has attempted to address the station’s reception issues through multiple technical avenues, including requesting a waiver of the permissible power limits set forth in section 73.622(f) of the Commission’s rules (rules), 47 CFR § 73.622(f).
 but continues to receive numerous complaints of poor or no reception from viewers. Petition at 2-3. 
  In addition, the Petitioner states that while the proposed channel 19 facility will result in a slight reduction (approximately 9.4 kilometers) in WGEM-TV’s noise limited contour, use of the Longley-Rice propagation model indicates that the proposed channel 19 facility will have an extended terrain-limited service throughout the gap area, and thus, there will be no loss of service. Id. at 4, Engineering Statement at 3-4 and Figure 3.
    
III. DISCUSSION
3. We believe that the Petitioner’s channel substitution proposal warrants consideration.  Channel 19 can be substituted for channel 10 at Quincy, Illinois, as proposed, 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 39-57-04.0 N and 91-19-54.0 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. 47 CFR §§ 73.616, 73.623.
  
4. We propose to substitute channel 19 for channel 10 for WGEM-TV with the following specifications:
City and State			DTV Channel	DTV Power (kW)	Antenna HAAT (m)
Quincy, Illinois			19		1000			238
5. Accordingly, we seek comment on the proposed amendment of the Post-Transition Table of DTV Allotments, section 73.622(i) of the rules, 47 CFR § 73.622(i).
 for the community listed below, to read as follows:
Channel No.
City and State				Present				Proposed	
Quincy, Illinois				10, 32, *34			19, 32, *34
IV. PROCEDURAL MATTERS
6. Showings Required.  Comments are invited on the proposal discussed in this Notice of Proposed Rulemaking (NPRM).  The Petitioner or any proponent that expresses interest in the allotment will be expected to answer whatever questions are presented in initial comments.  The petitioner of a proposed allotment is required to file comments even if it only resubmits or incorporates by reference its former pleadings.  The petitioner must restate its present intention to apply for the channel if it is allotted and, if authorized, to build a station promptly. See, e.g., Buffalo, Iola, Normangee, and Madisonville, Texas, MB Docket No. 07-729, Report and Order, 24 FCC Rcd 8192, 8194, para. 9 (Aud. Div. 2009).
  Failure to file may lead to denial of the request.  Any requests by a proponent for withdrawal or dismissal of an allotment request must be filed with the Commission in accordance with section 1.420(j) of the rules. 47 CFR § 1.420(j).

7. Cut-off Protection.  The following procedures will govern the consideration of the filings in this proceeding:
(a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial comments, so that parties may comment on them in reply comments.  They will not be considered if advanced in reply comments. 47 CFR § 1.420(d).
  
(b) The filing of a counterproposal may lead the Commission to allot a different channel than was requested in the Petition. 47 CFR § 1.420(g)(2).

8. Comments and Reply Comments.  Pursuant to sections 1.415, 1.419, and 1.420 of the rules, 47 CFR §§ 1.415, 1.419, and 1.420.
 interested parties may file comments and reply comments on or before the dates indicated on the first page of this document.  Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

· Electronic Filers:  Comments may be filed electronically using the Internet by accessing the ECFS:  http://apps.fcc.gov/ecfs/.  Parties that choose to file electronically only need to submit one copy of each filing so long as the submission conforms to all procedural and filing requirements.  Online filing is optional.
· Paper Filers:  Parties who choose to file by paper must file an original and one copy of each filing.  Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.  Any paper filing that is not addressed to the Office of the Secretary will be treated as filed on the day it is received in the Office of the Secretary.  Accordingly, failure to follow the specified requirements may result in the treatment of a filing as untimely.
o Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.
o U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington D.C. 20554.
o Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020).

o During the time the Commission’s building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient.
9. Service.  Pursuant to section 1.420 of the rules, 47 CFR § 1.420.
 all submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in written comments, reply comments, or other appropriate pleadings.  The person filing the comments shall serve comments on the petitioners.  Reply comments shall be served on the person(s) who filed comments to which the reply is directed.  A certificate of service shall accompany such comments and reply comments. See 47 CFR § 1.420(a), (b) and (c).
  Additionally, a copy of such comments should be served on counsel for the Petitioner, as follows:
Patrick Cross, Esq. 
Brooks, Pierce, McLendon, Humphrey, & Leonard, L.L.P.
Wells Fargo Capitol Center, Suite 1700
Raleigh, North Carolina 27601
10. Ex Parte Notices– Restricted.  The proceeding this Notice initiates shall be treated as a “restricted” proceeding in accordance with the Commission’s ex parte rules. 47 CFR §§ 1.1200 et seq.
  For purposes of this restricted notice and comment rulemaking proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a notice of proposed rulemaking until the proceeding has been decided and such decision in the applicable docket is no longer subject to reconsideration by the Commission or review by any court. 47 CFR § 1.1208.
  An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding.  47 CFR § 1.1204(a)(10).
  However, any new written information elicited from such a request or any summary of any new information shall be served by the person making the presentation upon the other parties to the proceeding in a particular docket unless the Commission specifically waives this service requirement. 47 CFR § 1.1204(a)(10)(ii).  In addition, an oral presentation in a restricted proceeding not designated for hearing requesting action by a particular date or giving reasons that a proceeding should be expedited other than the need to avoid administrative delay is permitted.  A detailed summary of the presentation must be filed in the record and served by the person making the presentation on the other parties to the proceeding, who may respond in support or opposition to the request for expedition, including by oral ex parte presentation, subject to the same service requirement.  47 CFR § 1.1204(a)(11).
  Any comment that has not been served on the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding.  Any reply comment which has not been served on the person(s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in the proceeding. 
11. Availability of Documents.  Comments, reply comments, and ex parte submissions will be available for public inspection via ECFS (http://apps.fcc.gov/ecfs/).  Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.
12. Paperwork Reduction and Regulatory Flexibility.  The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980, as amended, See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. § 601 et seq., has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).  The SBREFA was enacted as Title II of the Contract with America Advancement Act of 1996 (CWAAA).
 do not apply to a rulemaking proceeding to amend the DTV Table of Allotments, section 73.622(i) of the rules. 47 CFR § 73.622(i).
  This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995. See 44 U.S.C. §§ 3501-3520.
  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. See 44 U.S.C. § 3506(c)(4).

13. People with Disabilities.  To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
14. Additional Information.  For further information concerning the proceeding listed above, contact Joyce Bernstein, Video Division, Media Bureau, (202) 418-1647, Joyce.Bernstein@fcc.gov. 
V. ORDERING CLAUSES
15. IT IS ORDERED that, pursuant to authority found in 47 U.S.C. 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 rules, 47 CFR §§ 0.61, 0.204(b), and 0.283, IT IS PROPOSED TO AMEND the Post-Transition Table of DTV Allotments, section 73.622(i) of the rules, 47 CFR § 73.622(i), as set forth in this NPRM, and this NPRM IS ADOPTED.  
16. IT IS FURTHER ORDERED that, pursuant to applicable procedures set forth in sections 1.415, 1.419, 1.420 of the rules, 47 CFR §§ 1.415, 1.419, and 1.420, interested parties may file comments, including counterproposals, on the NPRM in MB Docket No. 21-219 and RM-11907 on or before thirty (30) days after publication in the Federal Register and reply comments on or before forty five (45) days after publication in the Federal Register.
						FEDERAL COMMUNICATIONS COMMISSION




						Barbara A. Kreisman
						Chief, Video Division
						Media Bureau
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