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Post-Transititon Table of DTV Allotments, Oklahoma City, Oklahoma

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Released: December 16, 2013

Federal Communications Commission

DA 13-2391

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
Amendment of Section 73.622(i),
)
MB Docket No. 13-302
Post-Transition Table of DTV Allotments,
)
RM-11709
Television Broadcast Stations
)
(Oklahoma City, Oklahoma)
)

NOTICE OF PROPOSED RULEMAKING

Adopted: December 16, 2013

Released: December 16, 2013

Comment Date: [15 days after date of publication in the Federal Register]
Reply Comment Date: [30 days after date of publication in the Federal Register]

By the Chief, Video Division, Media Bureau:
1.
The Commission has before it a petition for rulemaking filed by Family
Broadcasting Group, Inc. (“Family Broadcasting”), the licensee of KSBI(TV), channel 51, Oklahoma
City, Oklahoma. Family Broadcasting requests the substitution of channel 23 for channel 51 at
Oklahoma City.
2.
Family Broadcasting states that grant of the petition would serve the public interest.
While the Commission instituted a freeze on the acceptance of rulemaking petitions by full power
television stations requesting channel substitutions in May 2011,1 it subsequently announced that it
would lift the freeze to accept petitions for rulemaking filed by full power television stations seeking
to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A
Block licensees.2 Family Broadcasting has entered into such a voluntary relocation agreement with
U.S. Cellular Corporation and states that operation on channel 23 would eliminate potential
interference to and from wireless operations in the adjacent Lower 700 MHz A Block.3
3.
We believe that Family Broadcasting’s proposal warrants consideration. Channel 23
can be substituted for channel 51 at Oklahoma City, Oklahoma as proposed, in compliance with the

1 Public Notice, “Freeze on the Filing of Petitions for Digital Channel Substitutions, Effective Immediately,”
26 FCC Rcd 7721 (MB 2011).
2 Public Notice, “General Freeze on the Filing and Processing of Applications for Channel 51 Effective
Immediately and Sixty (60) Day Amendment Window for Pending Channel 51 Low Power Television, TV
Translator and Class A Applications,” 26 FCC Rcd 11409 (MB 2011).
3 Family Broadcasting Petition for Rulemaking at 2, Technical Statement at 1.

Federal Communications Commission

DA 13-2391

principal community coverage requirements of Section 73.625(a) of the Commission’s rules,4 at
coordinates 35-35-52 N. and 97-29-22 W. In addition, we find that this channel change meets the
technical requirements set forth in Sections 73.616 and 73.623 of the Commission’s rules.5 We
propose to substitute channel 23 for channel 51 for station KSBI(TV) with the following
specifications:
City and State
DTV Channel DTV Power (kW)
Antenna HAAT (m)
Oklahoma City, Oklahoma
23
1000
330.4
4.
Accordingly, we seek comments on the proposed amendment of the Post-Transition
Table of DTV Allotments, Section 73.622(i) of the Commission’s rules,6 for the community listed
below, to read as follows:
Channel No.
City and State
Present
Proposed
Oklahoma City, Oklahoma
7, *13, 15, 24, 27, 33,
7, *13, 15, 23, 24, 27,
39, 40, 50, 51
33, 39, 40, 50
5.
The Commission’s authority to institute rule making proceedings, showings
required, cut-off procedures, and filing requirements are contained in the attached Appendix and are
incorporated by reference herein. Pursuant to Section 73.623(h) of the rules, mutually-exclusive
applicants will be provided a 90-day period of time, from the date of a public notice identifying
mutually-exclusive proposals, to resolve their mutual-exclusivity via engineering amendment or
settlement.7 If we receive an application on or before the date for filing initial comments in this
proceeding, which proposes a facility which is mutually-exclusive with the proposal set forth herein,
we will issue a public notice and the parties will have 90 days within which to resolve their mutual-
exclusivity. If the parties resolve their mutual-exclusivity, we will complete the rulemaking process
by issuing the appropriate order. If the parties are unable to resolve their mutual-exclusivity, we will
terminate this proceeding and dismiss the application.
6.
Pursuant to Sections 1.415 and 1.419 of the Commission’s rules, interested parties
may file comments on or before [15 days after publication in the Federal Register] and reply
comments on or before [30 days after publication in the Federal Register], and are advised to read the
Appendix for the proper procedures. Comments should be filed with the Federal Communications
Commission, Office of the Secretary, 445 12th Street, S.W., Washington, D.C. 20554. Additionally,

4 47 C.F.R. § 73.625(a).
5 47 C.F.R. §§ 73.616, 73.623.
6 47 C.F.R. § 73.622(i).
7 47 C.F.R. § 73.623(h)(3).
2

Federal Communications Commission

DA 13-2391

a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows:
John W. Bagwell, Esq.
Lerman Senter PLLC
2000 K Street, N.W.
Suite 600
Washington, D.C. 20006
7.
Parties must file an original and one copy of each filing.8 Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service
mail). The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings
for the Commission’s Secretary at the FCC Headquarter Building located at 445 12th Street, S.W.,
Room TW-A325, Washington, D.C. 20554. The filing hours at this location are Monday through
Friday, 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight
mail (other than U.S. Postal Service Express Mail or Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, Maryland 20743. U.S. Postal Service first-class mail, Express
Mail, and Priority Mail should be addressed to FCC Headquarters at 445 12th Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to Marlene H. Dortch, Secretary, Federal
Communications Commission, Office of the Secretary. Any filing that is not addressed to the Office
of the Secretary will be treated as filed on the day it is received in the Office of the Secretary.9
Accordingly, failure to follow the specified requirements may result in the treatment of a filing as
untimely.
8.
The Commission has determined that the relevant provisions of the Regulatory
Flexibility Act of 1980 do not apply to a rule making proceeding to amend the DTV Table of
Allotments, Section 73.622(i). This document does not contain proposed 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, § 3506(c)(4).
9.
For further information concerning the proceeding listed above, contact Joyce L.
Bernstein, Media Bureau, (202) 418-1647. For purposes of this restricted notice and comment rule
making proceeding, members of the public are advised that no ex parte presentations are permitted
from the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has
been decided and such decision in the applicable docket is no longer subject to reconsideration by the
Commission or review by any court. An ex parte presentation is not prohibited if specifically
requested by the Commission or staff for the clarification or adduction of evidence or resolution of
issues in the proceeding. However, any new written information elicited from such a request or any
summary of any new information shall be served by the person making the presentation upon the

8 See Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of
Commission Reorganization
, GC Docket No. 10-44, Report and Order, 26 FCC Rcd 1594, ¶ 21 (2011).
9 See 47 C.F.R. § 1.7.
3

Federal Communications Commission

DA 13-2391

other parties to the proceeding in a particular docket unless the Commission specifically waives this
service requirement. Any comment which has not been served on the petitioner constitutes an ex
parte
presentation and shall not be considered in the proceeding. Any reply comment which has not
been served on the person(s) who filed the comment, to which the reply is directed, constitutes an ex
parte
presentation and shall not be considered in the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau
4

Federal Communications Commission

DA 13-2391

APPENDIX

1.
Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and (r), and
307(b) of the Communications Act of 1934, as amended, and 47 C.F.R. Sections 0.61, 0.204(b)
and 0.283, IT IS PROPOSED TO AMEND the Post-Transition Table of DTV Allotments, 47
C.F.R. Section 73.622(i), as set forth in the Notice of Proposed Rule Making to which this
Appendix is attached.
2.
Showings Required. Comments are invited on the proposal(s) discussed in the
Notice of Proposed Rule Making to which this Appendix is attached. Proponent(s) will be
expected to answer whatever questions are presented in initial comments. The proponent of a
proposed allotment is also expected to file comments even if it only resubmits or incorporates by
reference its former pleadings. It should also restate its present intention to apply for the channel
if it is allotted and, if authorized, to build a station promptly. Failure to file may lead to denial of
the request.
3.
Cut-off protection. The following procedures will govern the consideration of the
filings in this proceeding;
(a) Counterproposals advanced in this proceeding itself will be considered, if
advanced in initial comments, so that parties may comment on them in reply comments. They will
not be considered if advanced in reply comments. (See Section 1.420(d) of the Commission’s
Rules.) Because the Commission has not yet lifted its freeze on the filing of petitions for
rulemaking to establish new DTV channel allotments and for changes in community of license,10
we will not consider counterproposals which propose new allotments or changes in community of
license.
(b) With respect to petitions for rule making which conflict with the proposal in
this Notice, they will be considered as comments in the proceeding, and Public Notice to this
effect will be given as long as they are filed before the date for filing initial comments herein. If
they are filed later than that, they will not be considered in connection with the decision in this
docket.
(c) The filing of a counterproposal may lead the Commission to allot a different
channel than was requested for any of the communities involved.
4.
Comments and Reply Comments; service. Pursuant to applicable procedures set
out in 47 C.F.R. Sections 1.415 and 1.420, interested parties may file comments and reply
comments on or before the dates set forth in the Notice of Proposed Rule Making to which this
Appendix is attached. All submissions by parties to this proceeding or by persons acting on behalf
of such parties must be made in written comments, reply comments, or other appropriate
pleadings. The person filing the comments shall serve comments on the petitioners. Reply
comments shall be served on the person(s) who filed comments to which the reply is directed. A

10 See Public Notice, “Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area
Changes,” 19 FCC Rcd 14810 (MB 2004).
5

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DA 13-2391

certificate of service shall accompany such comments and reply comments (see 47 C.F.R. Section
1.420(a), (b) and (c)). Comments should be filed with the Federal Communications Commission,
Office of the Secretary, 445 12th Street, S.W., Washington, D.C. 20554.
5.
Number of Copies. In accordance with the provisions of 47 C.F.R. Section
1.419(b), an original and one copy of all comments, reply comments, pleadings, briefs, or other
documents shall be furnished the Commission. An electronic copy should also be sent to
joyce.bernstein@fcc.gov.
6.
Public Inspection of Filings. All filings made in this proceeding will be available
for examination by interested parties during regular business hours in the Commission’s Reference
Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C. 20554.
6

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