Television Broadcasting Services Weston, West Virginia

Published date22 March 2022
Citation87 FR 16155
Record Number2022-05932
SectionProposed rules
CourtFederal Communications Commission
Federal Register, Volume 87 Issue 55 (Tuesday, March 22, 2022)
[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
                [Proposed Rules]
                [Pages 16155-16156]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2022-05932]
                47 CFR Part 73
                [MB Docket No. 22-112; RM-11919; DA 22-240; FRS 77494]
                Television Broadcasting Services Weston, West Virginia
                AGENCY: Federal Communications Commission.
                ACTION: Proposed rule.
                SUMMARY: The Commission has before it a petition for rulemaking filed
                by Gray Television Licensee, LLC (Petitioner), the licensee of WDTV
                (CBS), channel 5, Weston, West Virginia. The Petitioner requests the
                substitution of channel 33 for channel 5 at Weston in the Table of
                DATES: Comments must be filed on or before April 21, 2022 and reply
                comments on or before May 6, 2022.
                ADDRESSES: Federal Communications Commission, Office of the Secretary,
                45 L Street NE, Washington, DC 20554. In addition to filing comments
                with the FCC, interested parties should serve counsel for the
                Petitioner as follows: Joan Stewart, Esq., Wiley Rein LLP, 2050 M
                Street NW, Washington, DC 20036.
                FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
                (202) 418-1647 or [email protected].
                SUPPLEMENTARY INFORMATION: In support, the Petitioner states the
                proposed channel substitution serves the public interest because it
                will resolve significant over-the-air reception problems in WDTV's
                existing service area. The Petitioner further states that the
                Commission has recognized the deleterious effects manmade noise has on
                the reception of digital VHF signals, and that the propagation
                characteristics of these channels allow undesired signals and noise to
                be receivable at relatively farther distances compared to UHF channels
                and nearby electrical devices can cause interference. A total of
                388,223 persons are predicted to lose service using a contour analysis
                if the Bureau grants the channel 33 proposal. In evaluating the loss
                areas, Gray first considered to what extent the loss areas were served
                by other CBS affiliates, and concluded that all but 4,142 persons would
                continue to receive CBS service from other stations in the region, as
                well as continue to be well served by five or more television services.
                 According to the Petitioner, a terrain-limited analysis using the
                Commission's TVStudy software demonstrates that only 498 persons would
                no longer receive CBS network programming, or receive service from five
                or more full power television services. Gray also took into account its
                licensed sister station WVFX, which is co-located with WDTV and carries
                CBS network programing on a multicast channel. In addition, Gray relies
                on CBS programming carried on commonly owned and operated station WIYE-
                LD, Parkersburg, West Virginia. We note that while low power television
                stations are secondary and can be displaced by full power television
                stations, we believe it is unlikely that WIYE-LD will be displaced, and
                determined that there are multiple displacement channels available if
                it was displaced.
                 This is a synopsis of the Commission's Notice of Proposed
                Rulemaking, MB Docket No. 22-112; RM-11919; DA 22-240, adopted March 9,
                2022, and released March 9, 2022. The full text of this document is
                available for download at To request
                materials in accessible formats (braille, large print, computer
                diskettes, or audio recordings), please send an email to [email protected]
                or call the Consumer & Government Affairs Bureau at (202) 418-0530
                (VOICE), (202) 418-0432 (TTY).
                 This document does not contain information collection requirements
                subject to the Paperwork Reduction Act of 1995, Public Law 104-13. 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, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the
                Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to
                this proceeding.
                 Members of the public should note that all ex parte contacts are
                prohibited from the time a notice of proposed rulemaking is issued to
                the time the matter is no longer subject to Commission consideration or
                court review, see 47 CFR 1.1208. There are, however, exceptions to this
                prohibition, which can be found in Sec. 1.1204(a) of the Commission's
                rules, 47 CFR 1.1204(a).
                 See Sec. Sec. 1.415 and 1.420 of the Commission's rules for
                information regarding the proper filing procedures for comments, 47 CFR
                1.415 and 1.420.
                List of Subjects in 47 CFR Part 73
                Federal Communications Commission.
                Thomas Horan,
                Chief of Staff, Media Bureau.
                Proposed Rule
                 For the reasons discussed in the preamble, the Federal
                Communications Commission proposes to amend 47 CFR part 73 as follows:
                1. The authority citation for part 73 continues to read as follows:
                 Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
                336, 339.
                2. In Sec. 73.622(j), amend the Post-Transition Table of DTV
                Allotments under West Virginia by revising the entry for Weston to read
                as follows:
                [[Page 16156]]
                Sec. 73.622 Digital television table of allotments.
                * * * * *
                 (j) * * *
                 Community Channel No.
                 * * * * *
                 WEST VIRGINIA
                 * * * * *
                Weston.................................... 33
                 * * * * *
                [FR Doc. 2022-05932 Filed 3-21-22; 8:45 am]
                BILLING CODE 6712-01-P

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