Federal Communications Commission DA 22-539 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Amendment of Section 73.622(j), Table of Allotments, Television Broadcast Stations (Bozeman, Montana) ) ) ) ) ) ) MB Docket No. 22-114 RM-11920 REPORT AND ORDER (Proceeding Terminated) Adopted: May 17, 2022 Released: May 17, 2022 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 (Bozeman, Montana), MB Docket No. 22-114, Notice of Proposed Rulemaking, DA 22-248 (rel. Mar. 10, 2022) (NPRM). issued in response to a Petition for Rulemaking filed by Scripps Broadcasting Holdings LLC (Petitioner), the licensee of television station KBZK (Station), channel 13, Bozeman, Montana. The Petitioner has requested the substitution of UHF channel 27 for VHF channel 13 in the Table of Allotments. 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, MB Docket No. 07-729, Report and Order, 24 FCC Rcd 8192, 8194, para. 9 (Aud. Div. 2009). reaffirming its commitment to apply for channel 27. No other comments were received. 2. We believe the public interest would be served by substituting channel 27 for channel 13 at Bozeman, Montana. According to the Petitioner, it has received many complaints from viewers unable to receive a reliable signal on VHF channel 13, and the Commission has recognized that VHF channels have certain characteristics that pose challenges for their use in providing digital television service. NPRM at para. 2. The proposed channel 27 contour would continue to reach virtually all of the population within the Station’s current service area and an analysis using the Commission’s TVStudy software tool indicates that KBZK’s move from channel 13 to channel 27 is predicted to create a small area where 675 persons will lose service. Id. The loss area, however, is partially overlapped by the noise limited contour of Scripps’ owned television station KXLF-TV, Butte, Montana, which, like KBZK, is a CBS network affiliate. The Petitioner has noted that the instant channel change has been submitted contemporaneously with a channel change request filed by Scripps for KXLF-TV, Butte, Montana. See LMS File No. 0000177550; Amendment of Section 73.622(j), Table of Allotments, Television Broadcast Stations (Butte, Montana), MB Docket No. 22-115, Notice of Proposed Rulemaking, DA 22-249 (rel. March 10, 2022). Like KBZK, KXLF-TV is also a CBS affiliate. According to Scripps, the loss areas created by the proposed KBZK channel change is partially covered by the KXLF-TV contour. Because the KBZK loss area is so sparsely populated, the number of persons losing CBS service remains the same whether taking into account the current or proposed KXLF-TV noise limited contour. NPRM at n.1. Taking KXLF-TV into consideration reduces the number who are predicted to lose CBS network service to less than 500 persons, a number which the Commission has found to be de minimis. See WSET, Inc., 80 FCC 2d 233, 246 (1980) (finding that loss of network service to less than 500 persons is de minimis). A Commission analysis found this would result in a loss to 476 persons. NPRM at n.7. In addition, viewers in the loss area would continue to have access to other major network programming. The loss area is partially overlapped by the noise limited contours of KTVM-TV (NBC) and KWYB (ABC/FOX), Butte, Montana; and KTVH-DT (NBC), Helena, Montana. Thus, viewers in the loss area would continue to have access to other major network programming. Id. 3. As proposed, channel 27 can be substituted for channel 13 at Bozeman, Montana, 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 45° 38' 15.1" N and 111° 16' 07.0" 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 Channel Power (kW) Antenna HAAT (m) Service Pop. Bozeman, Montana 27 850 222.5 120,718 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 KBZK 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), (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 Table of Allotments, section 73.622(j) of the Commission’s rules, 47 CFR § 73.622(j), IS AMENDED, with respect to the community listed below, to read as follows: City and State Channel No. Bozeman, Montana *8, 27 6. IT IS FURTHER ORDERED, That within 10 days of the effective date of this Order, Scripps Broadcasting Holdings LLC shall submit to the Commission a minor change application for a construction permit (Form 2100, Schedule A) specifying channel 27 in lieu of channel 13. 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. 22-114 and RM-11920 SHALL BE TERMINATED and its docket closed. 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