Federal Communications Commission DA 21-701 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 (Freeport, Illinois) ) ) ) ) ) ) MB Docket No. 21-152 RM-11899 REPORT AND ORDER (Proceeding Terminated) Adopted: June 16, 2021 Released: June 16, 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 73.622(i), Post-Transition Table of DTV Allotments, Television Stations (Freeport, Illinois), MB Docket No. 21-152, Notice of Proposed Rulemaking, DA 21-424 (rel. Apr. 14, 2021) (NPRM). issued in response to a Petition for Rulemaking filed by Gray Television Licensee, LLC (the Petitioner). The Petitioner requests the allotment of channel 9 to Freeport, Illinois (Freeport), in the DTV Table of Allotments as the community’s first local service. 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. The current version of the DTV Table, which reflects the pre-auction allotments, allocates DTV channel 41 to Freeport, Illinois. That allotment was previously occupied by WIFR(TV) which, after submitting a winning bid to go off air in the broadcast television incentive auction, subsequently suspended operations. Channel 41 will be deleted from the revised Table of Allotments. See NPRM at n.2. 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 apply for channel 9 and if authorized, to build a station promptly. No other comments were filed. We believe the public interest would be served by allotting channel 9 at Freeport, Illinois. Freeport, which has a population of 25,638 according to the 2010 Census, is the county seat and largest city in Stephenson County. Freeport has a Mayor; City Manager; a seven-member City Council; police, public works and utility departments; and numerous businesses and places of worship. NPRM at para. 2. Accordingly, we find that Freeport qualifies for community of license status for allotment purposes. See Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Willows and Dunnigan, California), MM Docket No. 94-29, Report and Order, 10 FCC Rcd 11522, 11523, paras. 7-10 (MMB 1995), recon. denied on other grounds, 15 FCC Rcd 23852 (MMB 2000) (outlining test for community of license status under section 307(b) of the Communications Act, as amended, 47 U.S.C § 307(b)). In addition, the proposal would result in a first local service to Freeport under the Commission’s second allotment priority. The Commission determines a preferential arrangement of television allotments based on the following five priorities: (1) provide at least one television service to all parts of the United States; (2) provide each community with at least one television broadcast station; (3) provide a choice of at least two television services to all parts of the United States; (4) provide each community with at least two television broadcast stations; and (5) 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. Amendment of Section 3.606 of the Commission’s Rules and Regulations, Sixth Report and Order, 41 F.C.C. 148, 167-173 (1952). 3. The Petitioner demonstrates, and a staff engineering analysis confirms, that channel 9 can be allotted to Freeport, Illinois, consistent with the minimum geographic spacing requirements for new DTV allotments in section 73.623(d) of the Commission’s rules (rules), 47 CFR § 73.623(d). at 42° 16’ 50” N and 88° 52’ 58” W. NPRM at para. 3. In addition, the allotment point complies with section 73.625(a)(1) of the rules as the entire community of Freeport is encompassed by the 43 dBμ contour. 47 CFR § 73.625(a)(1); NPRM at para. 3. 4. 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: See supra n.2. City and State Channel No. Freeport, Illinois 9, 41 5. 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. 6. IT IS FURTHER ORDERED, That should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 21-152, RM-11899 SHALL BE TERMINATED and its docket closed. 7. IT IS FURTHER ORDERED, That the newly allotted channel 9 at Freeport, Illinois, SHALL BE AUTHORIZED pursuant to the Commission competitive bidding rules, 47 CFR §§ 73.5000 et seq. 8. For further information concerning the proceeding listed above, contact Joyce.Bernstein, Video Division, Media Bureau, (202) 418-1647, Joyce.Bernstein@fcc.gov. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Division Media Bureau 2