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khammond on DSKJM1Z7X2PROD with RULES

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations would make strict compliance with the regulation inconsistent with the public interest. The Bureau finds that the waiver of the red light rule is justified in this instance given the national security risks posed to U.S. networks by Huawei and ZTE covered communications equipment and services.
116. Final Regulatory Flexibility Certification. The Regulatory Flexibility Act of 1980, as amended RFA, requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The RFA
generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction. In addition, the term small business has the same meaning as the term small business concerns under the Small Business Act. A small business concern is one that: 1 Is independently owned and operated; 2
is not dominant in its field of operation;
and 3 satisfies any additional criteria established by the Small Business Administration SBA.
117. The Commission prepared Initial Regulatory Flexibility Analyses IRFAs in connection with the 2020 Supply Chain Declaratory Ruling, 85 FR 47211, August 4, 2020, 2020 Supply Chain Second Further Notice of Proposed Rulemaking FNPRM, 85 FR 48134, August 10, 2020, and the 2021 Supply Chain Third FNPRM, 86 FR 15165, March 22, 2021. The Commission sought written public comment on the proposals in the 2020 Supply Chain Declaratory Ruling, 2020 Supply Chain Second FNPRM, and the 2021 Supply Chain Third FNPRM, including comments on the IRFAs. No comments were filed addressing the IRFAs. The Commission included Final Regulatory Flexibility Analyses FRFAs in connection with the 2020 Supply Chain Order and the 2021 Supply Chain Order.
118. This document establishes procedures for the Reimbursement Program to implement the rules adopted by the Commission for the Reimbursement Program in the 2020
Supply Chain Order and in the 2021
Supply Chain Order. In particular, this document establishes procedures for, among other things, determining program eligibility and participating in the program, including the filing and processing of applications. The procedures established in this document flow from the proposals set forth in the
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2020 Supply Chain Declaratory Ruling, 2020 Supply Chain Second FNPRM, and the 2021 Supply Chain Third FNPRM
and discussed in the IRFAs accompanying those Notices, and are consistent with the requirements established in the 2020 Supply Chain Order and the 2021 Supply Chain Order and addressed in the FRFAs accompanying those Orders.
Accordingly, no changes to our earlier analyses are required.
119. The Bureau has determined that the impact on the entities affected by the requirements contained in this document will not be significant. The effect of these measures is to establish for the benefit of those entities, including small entities, the procedures for filing an application consistent with existing rules, to participate in the Reimbursement Program to obtain funding support to remove from their networks, replace, and dispose of communications equipment and service considered a national security risk.
120. The Bureau therefore certifies that the requirements of this document will not have a significant economic impact on a substantial number of small entities. The Bureau will send a copy of the document including a copy of this Final Regulatory Flexibility Certification, in a report to Congress pursuant to the Congressional Review Act. In addition, the document and this final certification will be sent to the Chief Counsel for Advocacy of the SBA, and will be published in the Federal Register.
Federal Communications Commission.
Cheryl Callahan, Assistant Chief, Telecommunications Access Policy Division, Wireline Competition Bureau.
FR Doc. 202118446 Filed 83021; 8:45 am BILLING CODE 671201P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
MB Docket No. 2160; RM11844; DA 21
1038; FR ID 45283

Television Broadcasting Services Superior and York, Nebraska Federal Communications Commission.
ACTION: Final rule.
AGENCY:

On March 10, 2021, the Media Bureau, Video Division Bureau issued a Notice of Proposed Rulemaking NPRM in response to an amended rulemaking petition filed by Gray Television Licensee, LLC Gray, the licensee of KSNBTV, channel 4 NBC/

SUMMARY:

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MyNetwork, Superior, Nebraska. Gray requested that the Commission delete channel 4 from Superior and allot it to York, Nebraska in the DTV Table of Allotments and substitute channel 24
for channel 4 at York in the Table consistent with the technical parameters set forth in its Amended Petition. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to delete channel 4 from Superior and allot it to York, and then substitute channel 24 for channel 4 at York consistent with the technical parameters set forth in its amended petition.
DATES: Effective August 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at 202
4181647 or Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR
15180 on May 21, 2021. Because Grays proposal that the Bureau allot channel 24 to York is not mutually exclusive with its existing channel 4 allotment at Superior and would result in removal of Superiors sole local transmission outlet, the NPRM sought comment on whether to waive section 1.420i of the Commissions rules regarding mutual exclusivity, and the Commissions allotment policy disfavoring the removal of a communitys sole first local service. Gray filed comments in support of the petition reaffirming its commitment to apply for channel 24
and filed amended comments at the Bureaus request to more fully address the waiver issues. In addition to KSNB
TV, Gray is the licensee of KOLN, Lincoln, Nebraska. KOLNs tower collapsed in 2020 and according to Gray, given the imminent failure of KSNBTVs existing technical facility, rebuilding KSNBTV on channel 24 at the new KOLN tower would resolve VHF-related reception issues in certain areas of KSNBTVs current predicted service area, and save several hundred thousand dollars in construction costs.
With respect to the mutual exclusivity requirement, the Commission adopted section 1.420 to allow a television station to request a new community of license without subjecting the station to the risk of losing its license to competing applications if the change in community of license was mutually exclusive with the stations current allotment, so that the change would not deprive potential future applicants of the opportunity to apply for a new station to serve the area. Gray demonstrated that multiple channels are currently available for future allotment in the Superior/York/Lincoln, Nebraska area and, thus, because the underlying
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