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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations PART 180TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD

FOR FURTHER INFORMATION CONTACT:

Joyce Bernstein, Media Bureau, at 202
4181647 or Joyce Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: The 1. The authority citation for part 180
proposed rule was published at 86 FR
continues to read as follows:
13684 on March 10, 2021. The Licensee filed comments in support of the Authority: 21 U.S.C. 321q, 346a and 371.
petition reaffirming its commitment to 2. In 180.408, amend the table in apply for channel 14. The Land Mobile paragraph a by:
Communications Council LMCC filed i. Designating the table as Table 1 to opposition comments, to which the Paragraph a.
Licensee filed a reply. LMCC also filed ii. Adding in alphabetical order an an ex parte letter opposing the petition.
entry for Pepper, black.
In its rulemaking petition, the iii. Add footnote 1.
Licensee stated that KTUL, as a VHF
The additions read as follows:
channel station, has a long history of 180.408 Metalaxyl; tolerances for dealing with severe reception problems, residues.
and that operation on channel 14 would

not result in any predicted loss of television service. The Licensee further TABLE 1 TO PARAGRAPH a stated that with respect to operations on channel 14 and nearby land mobile Parts per services, it would install the appropriate Commodity million mask filter and antenna needed to avoid interference to land mobile operations.
LMCC opposed the channel substitution

Pepper, black 1
0.3 because it believes KTULs operation on channel 14 at 1,000 kW power poses an

unacceptable risk of harmful interference to protected land mobile 1 There are no U.S. registrations for use of this pesticide on this commodity as of Sepoperations and proposed that that the Commission investigate whether tember 24, 2021.
alternative substitute UHF channels are

available for KTUL. LMCC believes that FR Doc. 202120743 Filed 92321; 8:45 am while installing filtering, as the Licensee BILLING CODE 656050P
proposes, may be effective at preventing certain interference issues, it will have no impact on the receiver desensitization it expects will occur FEDERAL COMMUNICATIONS
from the Licensees proposed operation.
COMMISSION
In its Reply, the Licensee asserted that section 73.687 of the rules states that 47 CFR Part 73
once a channel 14 permittee has performed the required pre-operation MB Docket No. 219; RM11872; DA 21
steps to avoid land mobile interference, 1161; FR ID 49364
including installing filters and making outreach efforts to local operators, its Television Broadcasting Services obligation is to co-operate with land Tulsa, Oklahoma mobile operators to resolve interference AGENCY: Federal Communications issues that may arise that are caused by Commission.
the station after it begins operations, which the Licensee commits to do. The ACTION: Final rule.
Licensee further stated that it had SUMMARY: On May 17, 2021, the Media searched for other viable UHF channels Bureau, Video Division Bureau issued and found none. In addition, the a Notice of Proposed Rulemaking Licensee states that its affiliated stations NPRM in response to a petition for have considerable experience operating rulemaking filed by KTUL Licensee, television stations on channel 14, and LLC Licensee, the licensee of KTUL, there have been no known instances of channel 10 ABC, Tulsa, Oklahoma, interference to land mobile operations.
requesting the substitution of channel The Licensee also provided technical 14 for channel 10 at Tulsa in the DTV
information regarding the common use Table of Allotments. For the reasons set of band stop filters by land mobile forth in the Report and Order referenced systems to deal with receiver below, the Bureau amends FCC
desensitization. In its ex parte filing in regulations to substitute channel 14 for response to the Licensees reply, LMCC
channel 10 at Tulsa.
primarily repeats its previous arguments DATES: Effective October 25, 2021.
in opposition to the petition.

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The Bureau denied LMCCs objections and granted the proposed substitution of channel 14 for channel 10, concluding that the Licensees proposal meets the Commissions technical and interference rules, and that grant would serve the public interest. While LMCC
stated that it is concerned that there will be interference to large numbers of land mobile systems within 40 miles of the channel 14 proposed transmission site, the Bureau stated that the majority of interference cases occur within five miles of the TV transmitter site, that KTULs tower is located more than five miles outside Tulsa, and that the few instances of reported interference in other cases where television stations have operated on channel 14 and the separation was greater than five miles were resolved by the installation of filters. The Bureau also noted that the Commission has recognized that use of band-stop filters at the land mobile receiver is an effective procedure to reduce interference caused by receiver desensitization, and that the Licensee recognizes its obligation under the rules to correct any desensitization problems that may occur after it begins operations. With respect to LMCCs request that the Bureau find an alternative channel for KTUL, the Licensee stated that it could find no other technically feasible channel and Bureau found that the channels proposed by LMCC were all unavailable for the Licensees use because of interference to other television stations.
The Bureau concluded that since the Licensee has committed to perform the steps required by the rule and its construction permit, if granted, will have the standard condition requiring it to do so, it would deny LMCCs opposition. It also concluded that because it was at the stage of amending the DTV Table of Allotments and an application for a construction permit for channel 14 has not yet been submitted, it need not address LMCCs interpretation of section 73.687e of the rules.
This is a synopsis of the Commissions Report and Order, MB
Docket No. 219; RM11872; DA 21
1161, adopted September 15, 2021, and released September 16, 2021. The full text of this document is available for download at https www.fcc.gov/edocs.
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