Television Broadcasting Services Bristol, Virginia

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

On April 5, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by Sinclair Licensee, LLC (Petitioner), the licensee of WCYB-TV, channel 5 (NBC), Bristol, Virginia, requesting the substitution of channel 35 for channel 5 at Bristol in the DTV Table of Allotments. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to substitute channel 35 for channel 5 at Bristol.

DATES:

Effective July 1, 2021.

FOR FURTHER INFORMATION CONTACT:

Joyce Bernstein, Media Bureau, at (202) 418-1647 or Joyce.Bernstein@fcc.gov.

SUPPLEMENTARY INFORMATION:

The proposed rule was published at 86 FR 21681 on April 23, 2021. The Petitioner filed comments in support of the petition reaffirming its commitment to apply for channel 35. No other comments were filed. The Petitioner states that VHF channels have certain propagation characteristics which may cause reception issues for some viewers. In addition, WCYB-TV has received numerous complaints from viewers unable to receive the Station's over-the-air signal, despite being able to receive signals from other stations. While the proposed channel 35 noise limited contour does not completely encompass the relevant channel 5 noise limited contour, WCYB-TV is an NBC affiliate and there are six other NBC affiliated stations that serve some portion of the loss area, which, in the aggregate, serve the entire area of the channel 5 noise limited contour not encompassed by the proposed channel 35 contour, so that no one would lose NBC network service if channel 35 was substituted for channel 5. As the Bureau explained in the NPRM, it used the technical parameters of WCYB-TV's original post-transition digital channel 5 facility (File No. BPCDT-20080327AFS) in determining any predicted loss which may occur.

This is a synopsis of the Commission's Report and Order, MB Docket No. 21-128; RM-11895; DA 21-695, adopted June 15, 2021, and released June 15, 2021. The full text of this document is available for download at https://www.fcc.gov/edocs. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental 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.

The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

• Television

Final Rule

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows:

PART 73—RADIO BROADCAST SERVICE

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 § 73.622(i), amend the Post-Transition Table of DTV Allotments, under Virginia, by revising the entry for Bristol to read as follows: