[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Proposed Rules]
[Page 14060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04832]



47 CFR Part 73

[MB Docket No. 13-40, RM-11691; DA 13-160]

Television Broadcasting Services; Seaford, Delaware and Dover, 

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.


SUMMARY: 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.

DATES: Comments must be filed on or before April 3, 2013, and reply 
comments on or before April 18, 2013.

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: M. Scott Johnson and Daniel A. Kirkpatrick, 
Fletcher, Heald & Hildreth, P.L.C., 1300 North 17th Street, 11th Floor, 
Arlington, VA 22209.

FOR FURTHER INFORMATION CONTACT: Peter Saharko, [email protected], 
Media Bureau, (202) 418-1856.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 13-40, adopted February 
12, 2013, and released February 13, 2013. 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. This document will 
also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents 
will be available electronically in ASCII, Word 97, and/or Adobe 
Acrobat.) This document may be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street 
SW., Room CY-B402, Washington, DC 20554, telephone 1-800-478-3160 or 
via email www.BCPIWEB.com. To request this document in accessible 
formats (computer diskettes, large print, audio recording, and 
Braille), send an email to [email protected] or call the Commission's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY). 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, see 44 U.S.C. 
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding. Members of the public should note that from the 
time a Notice of Proposed Rule Making is issued until the matter is no 
longer subject to Commission consideration or court review, all ex 
parte contacts (other than ex parte presentations exempt under 47 CFR 
1.1204(a)) are prohibited in Commission proceedings, such as this one, 
which involve channel allotments. See 47 CFR 1.1208 for rules governing 
restricted proceedings.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Television, Television broadcasting.

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

Proposed Rules

    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, 303, 334, 336, and 339.

Sec.  73.622  [Amended]

2. Section 73.622(i), the Post-Transition Table of DTV Allotments under 
Delaware is amended by removing channel 5 from Seaford and adding 
channel 5 at Dover.
[FR Doc. 2013-04832 Filed 3-1-13; 8:45 am]