47 CFR 73.220 - Restrictions on use of channels.

The Commission has been notified by PMCM TV, LLC (“PMCM”), the licensee of KNVN(TV), channel 3, Ely, Nevada, that it wished to the reallocate channel 3 from Ely, Nevada to Middletown, New Jersey, pursuant to section 331(a) of the Communications Act of 1934, as amended. While the Commission denied PMCM's Reallocation Request, PMCM appealed the decision to the United States Court of Appeals for the District of Columbia, which subsequently reversed the Commission's denial and remanded the Commission to approve PMCM's Reallocation Request. Therefore, channel 2 is allocated at Middletown, New Jersey as requested, as it complies with the principle community coverage and technical requirements set forth in the Commission's rules.

The Commission has been notified by PMCM TV, LLC (“PMCM”), the licensee of KJWY(TV), channel 2, Jackson, Wyoming, that it agrees to the reallocation of channel 2 from Jackson, Wyoming to Wilmington, Delaware, this language. While the Commission denied PMCM's Reallocation Request, PMCM appealed the decision to the United States Court of Appeals for the District of Columbia, which subsequently reversed the Commission's denial and remanded the Commission to approve PMCM's Reallocation Request. Therefore, channel 2 is allocated at Wilmington, Delaware as requested, as it complies with the principle community coverage and technical requirements set forth in the Commission's rules.

This document corrects an error that appears in the summary of Implementation of Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, published in the Federal Register of Friday, September 11, 1998, 63 FR 48615. Paragraph 17 of the Federal Register summary erroneously omitted a requirement that winning bidders in broadcast service auctions pay an application fee when filing their long form applications.

In this document the Audio Division, at the request of Word Power, Inc., allots a first local service to Greenup, Illinois, and reserves Channel *230A at Greenup for noncommercial educational use. A staff engineering analysis confirms that Channel *230A at Greenup would provide a first and/or second NCE radio service to 67.5 percent (21,149 persons) of the total population of 31,338 persons. Channel *230A can be allotted to Greenup consistent with the distance separation requirements of Section 73.207 of the Commission's rules with a site restriction 4.6 kilometers (2.9 miles) southwest of the community. The reference coordinates for Channel *230A are 39-12-38 NL and 88-11-15 WL.

The Audio Division, at the request of Charles Crawford, substitutes Channel 282A for vacant Channel 232A at Hebbronville, Texas. The purpose of the proposed channel substitution at Hebbronville is to accommodate the hybrid application, File No. BNPH-20070502ADP, which requests the substitution of Channel 232A for Channel 282A at Benavides, Texas, and modification of the new FM station. Channel 282A can be allotted to Hebbronville consistent with the minimum distance separation requirements of the Rules with a site restriction 11 kilometers (6.8 miles) northwest of the community. The reference coordinates for Channel 282A are 27-23-18 NL and 98-44-26 WL. Channel 282A at Hebbronville is located 320 kilometers from the Mexican Border. Although Mexican concurrence has been requested, notification has not been received. If a construction permit for Channel 282A at Hebbronville, Texas is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: “Operation with the facilities specified herein for Hebbronville, Texas, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.”

In this document, the Commission modifies its rules in order to implement provisions of the Local Community Radio Act of 2010 (“LCRA”). It also proposes changes to its rules intended to promote the low power FM service's localism and diversity goals, reduce the potential for licensing abuses, and clarify certain rules.

The Audio Division, at the request of Appalachian Broadcasting Company, Inc., allots Channel 265A at Maysville, Georgia, as the community's second local service. A staff engineering analysis confirms that Channel 265A can be allotted to Maysville consistent with the minimum distance separation requirements of the Rules with a site restriction 13.4 kilometers (8.3 miles) northwest of the community. The reference coordinates for Channel 265A at Maysville are 34-20-16 NL and 83-39-52 WL.

This document grants the Petitions for Reconsideration filed separately by Modesto Peace/Life Center (“MPLC”) and Calvary Chapel of Turlock, Inc. (“CCT”), reinstates the applications, File Nos. BNPED-20100224ABX and BNPED-20100226AGO, respectively, nunc pro tunc, and re-reserves Channel 238A at Westley, California for noncommercial educational use.

The Audio Division, at the request of Georgia-Carolina Radiocasting Company, LLC, allots FM Channel 287A and deletes FM Channel 244A at Tignall, Georgia. The allotment change is part of a hybrid rule making and FM application proposal. Channel 287A can be allotted at Tignall, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 33-45-22 NL and 82-42-56 WL.

In this document, the Commission acts on six petitions for reconsideration of the Fourth Report and Order, challenging the per-market and/or the national caps adopted in the Fourth Report and Order in this proceeding. In response to the petitions for reconsideration, the Commission modifies the national cap to allow each applicant to pursue up to 70 applications, so long as no more than 50 of them are in the spectrum-limited radio markets identified in the Fourth Report and Order; increases the per-market cap for spectrum-limited markets to allow up to three applications per applicant for each market, subject to certain conditions; and clarifies the application of the per-market cap in “embedded” markets.

In this document, the Commission denied four of six Petitions for Reconsideration, Petitions for Partial Reconsideration, and Petitions for Clarification of the Second Report and Order (Second R&O) in this proceeding, granting in part and denying in part two of the petitions. The Commission clarified some of the methodology to be used in applying the new rules and procedures in the Second R&O, in particular the method of counting reception services in service gain and loss areas, to assist applicants and allotment proponents in accurately applying the new rules and procedures. The Commission also further restricted the categories of applicants and allotment proponents to whom the new rules and procedures apply, finding that equitable considerations supported such restrictions. In addition to restrictions set forth in the Second R&O, the new rules will not apply to applications and allotment proposals filed before the new rules were proposed, or to those applications and proposals that have already been subject to Commission decisions, but that remain pending due to subsequent legal challenges.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements (form revisions) associated with the Commission's rules contained in the Third Report and Order, FCC 11-190, pertaining to the policies to promote rural radio service and to streamline allotment and assignment procedures. This notice is consistent with the Third Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of these information collection requirements (form changes).

The Audio Division modified the FM Table of Allotments by substituting Channel 293A for vacant Channel 291A at Knox City, Texas; Channel 288C2 for vacant Channel 239C2 at Rule, Texas; Channel 255C3 for vacant Channel 293C3 at Crowell, Texas; and Channel 251C3 for vacant Channel 255C3 at Quanah, Texas. Channel 255C3 can be allotted to Crowell, Texas at reference coordinates 34-03-58 NL and 99-43-52 WL, at a site 9.2 km (5.7 miles) north of Crowell. Channel 293A can be allotted to Knox City, Texas at reference coordinates 33-25-55 NL and 99-47-43 WL, at a site 2.7 km (1.6 miles) northeast of Knox City. Channel 251C3 can be allotted at Quanah, Texas at reference coordinates 34-24-09 NL and 99-46-02 WL, at a site 11.9 km (7.4 miles) north of Quanah. Channel 288C2 can be allotted at Rule, Texas at reference coordinates 33-10-29 NL and 99-49-26 WL, at a site 6.6 km (4.1 miles) east of Rule. See SUPPLEMENTARY INFORMATION, supra.

The Audio Division, at the request of Sound Enterprises, substitutes Channel 275A for vacant Channel 271A at Randsburg, California to accommodate the hybrid contingent application for Station KSSI (FM), requesting to upgrade the facilities of the FM station from Channel 274A to Channel 271B1 at China Lake, California. A staff engineering analysis determines that Channel 275A can be allotted to Randsburg consistent with the minimum distance separation requirements of the Rules with a site restriction 0.04 kilometers (0.03 miles) southeast of the community. The reference coordinates for Channel 275A at Randsburg are 35-22-06 NL and 117-39-25 WL.

The Commission has been notified by PMCM TV, LLC (“PMCM”), the licensee of KNVN(TV), channel 3, Ely, Nevada, that it wished to the reallocate channel 3 from Ely, Nevada to Middletown, New Jersey, pursuant to section 331(a) of the Communications Act of 1934, as amended. While the Commission denied PMCM's Reallocation Request, PMCM appealed the decision to the United States Court of Appeals for the District of Columbia, which subsequently reversed the Commission's denial and remanded the Commission to approve PMCM's Reallocation Request. Therefore, channel 2 is allocated at Middletown, New Jersey as requested, as it complies with the principle community coverage and technical requirements set forth in the Commission's rules.

The Commission has been notified by PMCM TV, LLC (“PMCM”), the licensee of KJWY(TV), channel 2, Jackson, Wyoming, that it agrees to the reallocation of channel 2 from Jackson, Wyoming to Wilmington, Delaware, this language. While the Commission denied PMCM's Reallocation Request, PMCM appealed the decision to the United States Court of Appeals for the District of Columbia, which subsequently reversed the Commission's denial and remanded the Commission to approve PMCM's Reallocation Request. Therefore, channel 2 is allocated at Wilmington, Delaware as requested, as it complies with the principle community coverage and technical requirements set forth in the Commission's rules.

In this document the Commission requests comment on a petition filed by Tejas Broadcasting Ltd., LLP (“Petitioner”), licensee of FM Station KMJR, Channel 252C2, Odem, Texas. Petitioner proposes to amend the FM Table of Allotments by substituting Channel 291A for vacant Channel 252A, at Matagorda. The proposal is part of a contingently filed “hybrid” application and rule making petition. Channel 291A can be allotted at Matagorda, Texas, in compliance with the Commission's minimum distance separation requirements, at city reference coordinates of 28-41-25 NL and 95-58-02 WL, without site restriction. Concurrence by the Government of Mexico is required because Matagorda, Texas, is located within 320 kilometers (199 miles) of the U.S.-Mexican border. See Supplementary Information infra.

This document corrects an error that appears in the summary of Implementation of Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, published in the Federal Register of Friday, September 11, 1998, 63 FR 48615. Paragraph 17 of the Federal Register summary erroneously omitted a requirement that winning bidders in broadcast service auctions pay an application fee when filing their long form applications.

In this document. Petitions for Reconsideration (Petitions) have been filed in the Commission's rulemaking proceeding by Michael Couzens and Alan Korn Esq on behalf of Michael Couzens and Alan Korn, Brandy Doyle and Paul Bame, on behalf of Prometheus Radio Project, Don Schellhardt, Esq., on behalf of LET CITIES IN!!, Michelle Eyre, on behalf of REC Networks, and Donald E. Martin P.C., on behalf of LifeTalk Radio, Inc.

The Commission has before it a petition for rulemaking filed by Western Pacific Broadcast, LLC (“Western Pacific”), the permittee of unbuilt station WMDE(TV), Channel 5, Seaford, Delaware, requesting an amendment of the DTV Table of Allotments to delete Channel 5 at Seaford and substitute Channel 5 at Dover, Delaware. Western Pacific further requests modification of WMDE(TV)'s construction permit to specify Dover, Delaware as the station's community license and seeks a waiver of the Commission's freeze on the filing of petitions for rulemaking by televisions stations seeking to change their community of license. Western Pacific asserts that its proposal to reallot Channel 5 to Dover is based on the technical specifications currently authorized for WMDE(TV), and therefore the new allotment will be mutually exclusive with the station's existing allotment. Western Pacific further states that its proposal meets the Commission's allotment priorities by providing Dover with its first local television service, and that Seaford will remain well-served after the reallotment because full-power noncommercial station WDPB(TV), Channel *44, will remain licensed to that community. Therefore, Western Pacific submits that this rulemaking will serve the public interest.

In this document the Audio Division, at the request of Word Power, Inc., allots a first local service to Greenup, Illinois, and reserves Channel *230A at Greenup for noncommercial educational use. A staff engineering analysis confirms that Channel *230A at Greenup would provide a first and/or second NCE radio service to 67.5 percent (21,149 persons) of the total population of 31,338 persons. Channel *230A can be allotted to Greenup consistent with the distance separation requirements of Section 73.207 of the Commission's rules with a site restriction 4.6 kilometers (2.9 miles) southwest of the community. The reference coordinates for Channel *230A are 39-12-38 NL and 88-11-15 WL.

The FCC's Office of Engineering and Technology (OET) announced the release of new software to perform interference analyses using the methodology described in its Bulletin No. 69 (OET-69). This software, called TVStudy, provides analysis of coverage and interference of full-service digital and Class A television stations. The Commission plans to use this new software in connection with the proposed broadcast television spectrum incentive auction (incentive auction). OET seeks comment on the software generally, as well as the identification of any errors, unexpected behaviors, or anomalous results produced in running the software. In addition, OET solicits comment on the implementation of various analytical elements in the software that are not specifically addressed in OET-69.

The Audio Division, at the request of Charles Crawford, substitutes Channel 282A for vacant Channel 232A at Hebbronville, Texas. The purpose of the proposed channel substitution at Hebbronville is to accommodate the hybrid application, File No. BNPH-20070502ADP, which requests the substitution of Channel 232A for Channel 282A at Benavides, Texas, and modification of the new FM station. Channel 282A can be allotted to Hebbronville consistent with the minimum distance separation requirements of the Rules with a site restriction 11 kilometers (6.8 miles) northwest of the community. The reference coordinates for Channel 282A are 27-23-18 NL and 98-44-26 WL. Channel 282A at Hebbronville is located 320 kilometers from the Mexican Border. Although Mexican concurrence has been requested, notification has not been received. If a construction permit for Channel 282A at Hebbronville, Texas is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: “Operation with the facilities specified herein for Hebbronville, Texas, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.”

This document sets forth a proposal to amend the FM Table of Allotments, § 73.202(b) of the Commission's rules. The Commission requests comment on a petition filed by the Hualapai Tribe, proposing to amend the Table of Allotments by allotting Channel 265A at Peach Springs, Arizona, as a Tribal Allotment. Channel 265A would constitute a first tribal allotment and a second potential service at Peach Springs. Channel 265A can be allotted at Peach Springs, Arizona, in compliance with the Commission's minimum distance separation requirements at 35-33-17 NL and 113-23-41 WL. See Supplementary Information infra.

The Commission seeks comment on whether to collect information from holders of equity interests in a licensee that would be attributable but for the single majority shareholder exemption and from holders of interests that would be attributable but for the higher EDP thresholds adopted in the Diversity Order, published May 16, 2008, for purposes of determining attribution of certain interests in eligible entities.

In this document, the Commission modifies its rules in order to implement provisions of the Local Community Radio Act of 2010 (“LCRA”). It also proposes changes to its rules intended to promote the low power FM service's localism and diversity goals, reduce the potential for licensing abuses, and clarify certain rules.

The Audio Division, at the request of Appalachian Broadcasting Company, Inc., allots Channel 265A at Maysville, Georgia, as the community's second local service. A staff engineering analysis confirms that Channel 265A can be allotted to Maysville consistent with the minimum distance separation requirements of the Rules with a site restriction 13.4 kilometers (8.3 miles) northwest of the community. The reference coordinates for Channel 265A at Maysville are 34-20-16 NL and 83-39-52 WL.

This document grants the Petitions for Reconsideration filed separately by Modesto Peace/Life Center (“MPLC”) and Calvary Chapel of Turlock, Inc. (“CCT”), reinstates the applications, File Nos. BNPED-20100224ABX and BNPED-20100226AGO, respectively, nunc pro tunc, and re-reserves Channel 238A at Westley, California for noncommercial educational use.

The Audio Division, at the request of Georgia-Carolina Radiocasting Company, LLC, allots FM Channel 287A and deletes FM Channel 244A at Tignall, Georgia. The allotment change is part of a hybrid rule making and FM application proposal. Channel 287A can be allotted at Tignall, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 33-45-22 NL and 82-42-56 WL.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules. The Commission requests comment on a petition filed by Cochise Media Licenses, LLC, proposing to amend the Table of Allotments by allotting FM Channel 229C3 as a first local service at Dove Creek, Colorado. Channel 229C3 can be allotted at Dove Creek, Colorado, in compliance with the Commission's minimum distance separation requirements, at the proposed reference coordinates: 37-48-05 North Latitude and 108-59-33 West Longitude. See SUPPLEMENTARY INFORMATION infra.

The Media Bureau extends the deadline for filing comments and reply comments on the Notice of Proposed Rulemaking (“NPRM”) in this proceeding which was published in the Federal Register on November 21, 2012. The extension will provide commenters with sufficient time to prepare comments and reply comments in response to the NPRM.

In this document, the Commission acts on six petitions for reconsideration of the Fourth Report and Order, challenging the per-market and/or the national caps adopted in the Fourth Report and Order in this proceeding. In response to the petitions for reconsideration, the Commission modifies the national cap to allow each applicant to pursue up to 70 applications, so long as no more than 50 of them are in the spectrum-limited radio markets identified in the Fourth Report and Order; increases the per-market cap for spectrum-limited markets to allow up to three applications per applicant for each market, subject to certain conditions; and clarifies the application of the per-market cap in “embedded” markets.

In this document, the Commission denied four of six Petitions for Reconsideration, Petitions for Partial Reconsideration, and Petitions for Clarification of the Second Report and Order (Second R&O) in this proceeding, granting in part and denying in part two of the petitions. The Commission clarified some of the methodology to be used in applying the new rules and procedures in the Second R&O, in particular the method of counting reception services in service gain and loss areas, to assist applicants and allotment proponents in accurately applying the new rules and procedures. The Commission also further restricted the categories of applicants and allotment proponents to whom the new rules and procedures apply, finding that equitable considerations supported such restrictions. In addition to restrictions set forth in the Second R&O, the new rules will not apply to applications and allotment proposals filed before the new rules were proposed, or to those applications and proposals that have already been subject to Commission decisions, but that remain pending due to subsequent legal challenges.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements (form revisions) associated with the Commission's rules contained in the Third Report and Order, FCC 11-190, pertaining to the policies to promote rural radio service and to streamline allotment and assignment procedures. This notice is consistent with the Third Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of these information collection requirements (form changes).

In the Notice of Proposed Rulemaking, “Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions” ( NPRM ), released October 2, 2012, the Commission considers matters related to the implementation of Congress's mandate to conduct an incentive auction of broadcast television spectrum as set forth in the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act).

The Audio Division modified the FM Table of Allotments by substituting Channel 293A for vacant Channel 291A at Knox City, Texas; Channel 288C2 for vacant Channel 239C2 at Rule, Texas; Channel 255C3 for vacant Channel 293C3 at Crowell, Texas; and Channel 251C3 for vacant Channel 255C3 at Quanah, Texas. Channel 255C3 can be allotted to Crowell, Texas at reference coordinates 34-03-58 NL and 99-43-52 WL, at a site 9.2 km (5.7 miles) north of Crowell. Channel 293A can be allotted to Knox City, Texas at reference coordinates 33-25-55 NL and 99-47-43 WL, at a site 2.7 km (1.6 miles) northeast of Knox City. Channel 251C3 can be allotted at Quanah, Texas at reference coordinates 34-24-09 NL and 99-46-02 WL, at a site 11.9 km (7.4 miles) north of Quanah. Channel 288C2 can be allotted at Rule, Texas at reference coordinates 33-10-29 NL and 99-49-26 WL, at a site 6.6 km (4.1 miles) east of Rule. See SUPPLEMENTARY INFORMATION, supra.

This document requests comments on a petition for rulemaking filed by Appalachian Broadcasting Company, Inc., proposing the allotment of Channel 265A at Maysville, Georgia, as the community's second local FM transmission service. A staff engineering analysis indicates that Channel 265A can be allotted to Maysville consistent with the minimum distance separation requirements of the Rules with a site restriction 13.4 kilometers (8.3 miles) northwest of the community. The reference coordinates are 34-20-16 NL and 83-39-52 WL.

This document sets forth a proposal to amend the FM Table of Allotments. The Commission requests comment on a petition filed by Navajo Technical College, proposing to amend the Table of Allotments by allotting Channel 297A at Crownpoint, New Mexico, as a Tribal Allotment. Channel 297A would constitute a first local service at Crownpoint. Channel 297A can be allotted at Crownpoint, New Mexico, in compliance with the Commission's minimum distance separation requirements with a site restriction of 0.9 km (0.58 miles) northeast of Crownpoint, at 35-41-07 North Latitude and 108-08-43 West Longitude. See Supplementary Information infra.