83_FR_56256 83 FR 56038 - Television Broadcasting Services; Morehead and Richmond, Kentucky

83 FR 56038 - Television Broadcasting Services; Morehead and Richmond, Kentucky

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range56038-56039
FR Document2018-24345

At the request of ION Media Lexington License, Inc. (ION), licensee of television station WUPX-TV, channel 21, Morehead, Kentucky (WUPX), the Commission is proposing to amend the DTV Table of Allotments to change WUPX's community of license from Morehead to Richmond, Kentucky. ION asserts that the proposed reallotment is consistent with the Commission's second allotment priority by providing Richmond with its first local transmission service. ION also asserts that the proposed reallotment will not deprive Morehead of its sole broadcast station because it will continue to be served by station WKMR(TV), licensed to Kentucky Authority for Educational TV, on channel *15 at Morehead. ION is not currently proposing to change WUPX's licensed facilities as part of its proposed reallotment.

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Proposed Rules]
[Pages 56038-56039]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24345]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 18-320; RM-11817; DA 18-1070]


Television Broadcasting Services; Morehead and Richmond, Kentucky

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: At the request of ION Media Lexington License, Inc. (ION), 
licensee of television station WUPX-TV, channel 21, Morehead, Kentucky 
(WUPX), the Commission is proposing to amend the DTV Table of 
Allotments to change WUPX's community of license from Morehead to 
Richmond, Kentucky. ION asserts that the proposed reallotment is 
consistent with the Commission's second allotment priority by providing 
Richmond with its first local transmission service. ION also asserts 
that the proposed reallotment will not deprive Morehead of its sole 
broadcast station because it will continue to be served by station 
WKMR(TV), licensed to Kentucky Authority for Educational TV, on channel 
*15 at Morehead. ION is not currently proposing to change WUPX's 
licensed facilities as part of its proposed reallotment.

DATES: Comments must be filed on or before November 26, 2018 and reply 
comments on or before December 4, 2018.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street SW, Washington, DC 20554. In addition to filing 
comments with the FCC, interested parties should serve counsel for 
petitioner as follows: ION Media Networks, Inc., c/o Terri McGalliard, 
601 Clearwater Park Road, West Palm Beach, Florida 33401.

FOR FURTHER INFORMATION CONTACT: Darren Fernandez, Media Bureau, at 
[email protected]; or Joyce Bernstein, Media Bureau, at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of

[[Page 56039]]

Proposed Rulemaking, MB Docket No. 18-320; RM-11817; DA 18-1070, 
adopted October 18, 2018, and released October 18, 2018. Pursuant to 
section 1.420(i) of the Commission's rules, 47 CFR 1.420(i). The full 
text of this document is available for public inspection and copying 
during normal business hours in the FCC's Reference Information Center 
at Portals II, CY-A257, 445 12th Street SW, Washington, DC 20554, or 
online at http://apps.fcc.gov/ecfs/. 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. 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

    Television.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.

Proposed Rule

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

PART 73--RADIO BROADCAST SERVICE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.


Sec.  73.622  [Amended]

0
2. Amend Sec.  73.622(i), the Post-Transition Table of DTV Allotments 
under Kentucky, by removing in the entry for Morehead, channel 21, and 
adding, in alphabetical order an entry for Richmond, channel 21.

[FR Doc. 2018-24345 Filed 11-8-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                56038                  Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Proposed Rules

                                                CFR 121.201. Based on Commission                        savings for small entities and other                  participants in Auction 100 should
                                                staff review of BIA/Kelsey, LLC’s Media                 auction participants. In light of the                 familiarize themselves with the
                                                Access Pro Radio Database, 4,626                        numerous resources that will be                       Commission’s ex parte rules.
                                                (99.94%) of 4,629 a.m. radio stations                   available from the Commission at no                   Federal Communications Commission.
                                                have revenue of $38.5 million or less.                  cost, the processes and procedures                    Gary D. Michaels,
                                                Accordingly, based on this data, the                    proposed in the Auction 100 Comment
                                                                                                                                                              Deputy Chief, Auctions and Spectrum Access
                                                Bureaus conclude that the majority of                   Public Notice should result in minimal                Division, Wireless Telecommunications
                                                Auction 100 eligible bidders would                      economic impact on small entities. For                Bureau.
                                                likely meet the SBA’s definition of a                   example, prior to the auction, the
                                                                                                                                                              [FR Doc. 2018–24596 Filed 11–8–18; 8:45 am]
                                                small business concern.                                 Commission will hold a mock auction to
                                                                                                                                                              BILLING CODE 6712–01–P
                                                   55. Description of Projected                         allow eligible bidders the opportunity to
                                                Reporting, Recordkeeping, and Other                     familiarize themselves with both the
                                                Compliance Requirements for Small                       bidding processes and systems that will               FEDERAL COMMUNICATIONS
                                                Entities. In the Auction 100 Comment                    be used in Auction 100. During the                    COMMISSION
                                                Public Notice, the Bureaus propose no                   auction, participants will be able to
                                                new reporting, recordkeeping, or other                  access and participate in bidding via the             47 CFR Part 73
                                                compliance requirements for small                       internet using a web-based system, or
                                                entities or other auction applicants. The               telephonically, providing two cost-                   [MB Docket No. 18–320; RM–11817; DA 18–
                                                Commission designed the auction                         effective methods of participation and                1070]
                                                application process itself to minimize                  avoiding the cost of travel for in-person             Television Broadcasting Services;
                                                reporting and compliance requirements                   participation. Further, small entities as             Morehead and Richmond, Kentucky
                                                for applicants, including small business                well as other auction participants will
                                                applicants. In the first part of the                    be able to avail themselves of telephone              AGENCY:  Federal Communications
                                                Commission’s two-phased auction                         hotlines for assistance with auction                  Commission.
                                                application process, parties desiring to                processes and procedures as well as                   ACTION: Proposed rule.
                                                participate in an auction file                          technical support hotlines to assist with
                                                streamlined, short-form applications in                 issues such as access to or navigation                SUMMARY:   At the request of ION Media
                                                which they certify under penalty of                     within the electronic FCC Form 175 and                Lexington License, Inc. (ION), licensee
                                                perjury as to their qualifications.                     use of the FCC’s auction system. In                   of television station WUPX–TV, channel
                                                Eligibility to participate in bidding is                addition, all auction participants,                   21, Morehead, Kentucky (WUPX), the
                                                based on an applicant’s short-form                      including small business entities, will               Commission is proposing to amend the
                                                application and certifications, as well as              have access to various other sources of               DTV Table of Allotments to change
                                                its upfront payment. In the second                      information and databases through the                 WUPX’s community of license from
                                                phase of the process, there are                         Commission that will aid in both their                Morehead to Richmond, Kentucky. ION
                                                additional compliance requirements for                  understanding of and participation in                 asserts that the proposed reallotment is
                                                winning bidders. Thus, a small business                 the process. These mechanisms are                     consistent with the Commission’s
                                                that fails to become a winning bidder                   made available to facilitate participation            second allotment priority by providing
                                                does not need to file a long-form                       in Auction 100 by all eligible bidders                Richmond with its first local
                                                application and provide the additional                  and may result in significant cost                    transmission service. ION also asserts
                                                showings and more detailed                              savings for small business entities who               that the proposed reallotment will not
                                                demonstrations required of a winning                    utilize these mechanisms. These steps,                deprive Morehead of its sole broadcast
                                                bidder.                                                 coupled with the advance description of               station because it will continue to be
                                                   56. Steps Taken To Minimize the                      the bidding procedures in Auction 100,                served by station WKMR(TV), licensed
                                                Significant Economic Impact on Small                    should ensure that the auction will be                to Kentucky Authority for Educational
                                                Entities, and Significant Alternatives                  administered efficiently and fairly, thus             TV, on channel *15 at Morehead. ION
                                                Considered. The RFA requires an                         providing certainty for small entities as             is not currently proposing to change
                                                agency to describe any significant,                     well as other auction participants.                   WUPX’s licensed facilities as part of its
                                                specifically small business, alternatives                  58. These proposed procedures for the              proposed reallotment.
                                                that it has considered in reaching its                  conduct of Auction 100 constitute the                 DATES: Comments must be filed on or
                                                proposed approach, which may include                    more specific implementation of the                   before November 26, 2018 and reply
                                                the following four alternatives (among                  competitive bidding rules contemplated                comments on or before December 4,
                                                others): (1) The establishment of                       by 47 CFR parts 1 and 73 and the                      2018.
                                                differing compliance or reporting                       underlying rulemaking orders,
                                                requirements or timetables that take into                                                                     ADDRESSES: Federal Communications
                                                                                                        including the Broadcast First Report and
                                                account the resources available to small                                                                      Commission, Office of the Secretary,
                                                                                                        Order and relevant competitive bidding
                                                entities; (2) the clarification,                                                                              445 12th Street SW, Washington, DC
                                                                                                        orders, and are fully consistent
                                                consolidation, or simplification of                                                                           20554. In addition to filing comments
                                                                                                        therewith.
                                                compliance and reporting requirements                      59. Federal Rules That May Duplicate,              with the FCC, interested parties should
                                                under the rule for such small entities;                 Overlap or Conflict With the Proposed                 serve counsel for petitioner as follows:
                                                (3) the use of performance rather than                  Rules. None.                                          ION Media Networks, Inc., c/o Terri
                                                design standards; and (4) an exemption                                                                        McGalliard, 601 Clearwater Park Road,
khammond on DSK30JT082PROD with PROPOSAL




                                                from coverage of the rule, or any part                  C. Ex Parte Rules                                     West Palm Beach, Florida 33401.
                                                thereof, for such small entities, 5 U.S.C.                60. This proceeding has been                        FOR FURTHER INFORMATION CONTACT:
                                                603(c)(1)–(4).                                          designated as a permit-but-disclose                   Darren Fernandez, Media Bureau, at
                                                   57. The Bureaus intend that the                      proceeding in accordance with the                     Darren.Fernandez@fcc.gov; or Joyce
                                                proposals of the Auction 100 Comment                    Commission’s ex parte rules. While                    Bernstein, Media Bureau, at
                                                Public Notice to facilitate participation               additional information is provided in                 Joyce.Bernstein@fcc.gov.
                                                in Auction 100 will result in both                      the Auction 100 Comment Public Notice                 SUPPLEMENTARY INFORMATION: This is a
                                                operational and administrative cost                     on the relevant reporting requirements,               synopsis of the Commission’s Notice of


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                                                                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Proposed Rules                                          56039

                                                Proposed Rulemaking, MB Docket No.                       § 73.622    [Amended]                                 identified by ‘‘NOAA–NMFS–2018–
                                                18–320; RM–11817; DA 18–1070,                            ■ 2. Amend § 73.622(i), the Post-                     0114,’’ by either of the following
                                                adopted October 18, 2018, and released                   Transition Table of DTV Allotments                    methods:
                                                October 18, 2018. Pursuant to section                    under Kentucky, by removing in the                       • Electronic submission: Submit all
                                                1.420(i) of the Commission’s rules, 47                   entry for Morehead, channel 21, and                   electronic public comments via the
                                                CFR 1.420(i). The full text of this                      adding, in alphabetical order an entry                Federal e-Rulemaking Portal: http://
                                                document is available for public                         for Richmond, channel 21.                             www.regulations.gov. Go to
                                                inspection and copying during normal                     [FR Doc. 2018–24345 Filed 11–8–18; 8:45 am]           www.regulations.gov/
                                                business hours in the FCC’s Reference                    BILLING CODE 6712–01–P
                                                                                                                                                               #!docketDetail;D=NOAA-NMFS-2018-
                                                Information Center at Portals II, CY–                                                                          0114 click the ‘‘Comment Now!’’ icon,
                                                A257, 445 12th Street SW, Washington,                                                                          complete the required fields, and enter
                                                DC 20554, or online at http://                                                                                 or attach your comments.
                                                apps.fcc.gov/ecfs/. To request materials                 DEPARTMENT OF COMMERCE                                   • Mail: Submit written comments to
                                                in accessible formats (braille, large                    National Oceanic and Atmospheric                      Karla Gore, NMFS Southeast Regional
                                                print, computer diskettes, or audio                      Administration                                        Office, 263 13th Avenue South, St.
                                                recordings), please send an email to                                                                           Petersburg, FL 33701.
                                                FCC504@fcc.gov or call the Consumer &                                                                             • Instructions: Comments sent by any
                                                                                                         50 CFR Parts 600, 622, and 697
                                                Government Affairs Bureau at (202)                                                                             other method, to any other address or
                                                418–0530 (VOICE), (202) 418–0432                         [Docket No. 181009921–8921–01]                        individual, or received after the end of
                                                (TTY).                                                                                                         the comment period, may not be
                                                                                                         RIN 0648–BI46
                                                   This document does not contain                                                                              considered by NMFS. All comments
                                                information collection requirements                      Fisheries of the Caribbean, Gulf of                   received are a part of the public record
                                                subject to the Paperwork Reduction Act                   Mexico, and South Atlantic; Coastal                   and will generally be posted for public
                                                of 1995, Public Law 104–13. In addition,                 Migratory Pelagics Resources in the                   viewing on www.regulations.gov
                                                therefore, it does not contain any                       Gulf of Mexico and Atlantic Region;                   without change. All personal identifying
                                                proposed information collection burden                   Amendment 31                                          information (e.g., name, address, etc.),
                                                ‘‘for small business concerns with fewer                                                                       confidential business information, or
                                                than 25 employees,’’ pursuant to the                     AGENCY:  National Marine Fisheries                    otherwise sensitive information
                                                Small Business Paperwork Relief Act of                   Service (NMFS), National Oceanic and                  submitted voluntarily by the sender will
                                                2002, Public Law 107–198, see 44 U.S.C.                  Atmospheric Administration (NOAA),                    be publicly accessible. NMFS will
                                                3506(c)(4). Provisions of the Regulatory                 Commerce.                                             accept anonymous comments (enter
                                                Flexibility Act of 1980, 5 U.S.C. 601–                   ACTION: Proposed rule; request for                    ‘‘N/A’’ in required fields if you wish to
                                                612, do not apply to this proceeding.                    comments.                                             remain anonymous).
                                                   Members of the public should note                                                                              Electronic copies Amendment 31 may
                                                that all ex parte contacts are prohibited                SUMMARY:    NMFS proposes to implement                be obtained from the Southeast Regional
                                                from the time a Notice of Proposed                       management measures described in                      Office website at https://
                                                Rulemaking is issued to the time the                     Amendment 31 to the Fishery                           www.fisheries.noaa.gov/action/coastal-
                                                matter is no longer subject to                           Management Plan (FMP) for Coastal                     migratory-pelagics-amendment-31-
                                                Commission consideration or court                        Migratory Pelagics (CMP) of the Gulf of               management-atlantic-migratory-group-
                                                review, see 47 CFR 1.1208. There are,                    Mexico (Gulf) and Atlantic Region                     cobia. Amendment 31 includes an
                                                however, exceptions to this prohibition,                 (Amendment 31), as prepared by the                    environmental assessment, a fishery
                                                which can be found in §§ 1.1204(a) of                    Gulf of Mexico (Gulf Council) and South               impact statement, a regulatory impact
                                                the Commission’s rules, 47 CFR                           Atlantic Fishery Management Councils                  review, and a Regulatory Flexibility Act
                                                1.1204(a).                                               (South Atlantic Council) (Councils).                  (RFA) analysis.
                                                   See §§ 1.415 and 1.420 of the                         This proposed rule would remove                       FOR FURTHER INFORMATION CONTACT:
                                                Commission’s rules for information                       Atlantic migratory group cobia (Atlantic              Karla Gore, NMFS Southeast Regional
                                                regarding the proper filing procedures                   cobia) from Federal management under                  Office, telephone: 727–551–5753, or
                                                for comments, 47 CFR 1.415 and 1.420.                    the Magnuson-Stevens Fishery                          email: karla.gore@noaa.gov.
                                                                                                         Conservation and Management Act
                                                List of Subjects in 47 CFR Part 73                                                                             SUPPLEMENTARY INFORMATION: The
                                                                                                         (Magnuson-Stevens Act). At the same
                                                                                                                                                               coastal migratory pelagics fishery in the
                                                    Television.                                          time, this proposed rule would
                                                                                                                                                               Atlantic region is managed under the
                                                                                                         implement comparable regulations
                                                Federal Communications Commission.                                                                             FMP and includes cobia, along with
                                                                                                         under the Atlantic Coastal Fisheries
                                                Barbara Kreisman,                                                                                              king and Spanish mackerel. The FMP
                                                                                                         Cooperative Management Act (Atlantic
                                                Chief, Video Division, Media Bureau.                                                                           was prepared by the Councils and is
                                                                                                         Coastal Act) to replace the existing
                                                                                                                                                               implemented by NMFS through
                                                Proposed Rule                                            Magnuson-Stevens Act based
                                                                                                                                                               regulations at 50 CFR part 622 under
                                                                                                         regulations in Atlantic Federal waters.
                                                  For the reasons discussed in the                                                                             authority of the Magnuson-Stevens Act.
                                                                                                         The purpose of Amendment 31 is to
                                                preamble, the Federal Communications                     facilitate improved coordination of                   Background
                                                Commission proposes to amend 47 CFR                      Atlantic cobia in state and Federal
                                                part 73 as follows:                                                                                              Through the CMP FMP, cobia is
khammond on DSK30JT082PROD with PROPOSAL




                                                                                                         waters, thereby more effectively                      managed in two distinct migratory
                                                PART 73—RADIO BROADCAST                                  constraining harvest and preventing                   groups. The first is the Gulf migratory
                                                SERVICE                                                  overfishing and decreasing adverse                    group of cobia that ranges both in the
                                                                                                         socio-economic effects to fishermen.                  Gulf from Texas through Florida as well
                                                ■ 1. The authority citation for part 73                  DATES: Written comments must be                       as in the Atlantic off the east coast of
                                                continues to read as follows:                            received by December 10, 2018.                        Florida (Gulf cobia). The second is the
                                                  Authority: 47 U.S.C. 154, 303, 334, 336,               ADDRESSES: You may submit comments                    Atlantic migratory group of cobia that is
                                                and 339.                                                 on the proposed temporary rule,                       managed from Georgia through New


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Document Created: 2018-11-09 03:34:22
Document Modified: 2018-11-09 03:34:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be filed on or before November 26, 2018 and reply comments on or before December 4, 2018.
ContactDarren Fernandez, Media Bureau, at [email protected]; or Joyce Bernstein, Media Bureau, at [email protected]
FR Citation83 FR 56038 

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