Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 57031 

that filers have engaged in the analysis 

necessary to meet Congress’s objective 

of developing more accurate broadband 

coverage data. In particular, the 

Commission requires each mobile and 

fixed service provider to include 

certifications as to the accuracy of its 

data submissions by a certified PE or 

corporate engineering officer, in which 

the engineer certifies ‘‘that he or she has 

examined the information contained in 

the submission and that, to the best of 

the engineer’s actual knowledge, 

information, and belief, all statements of 

fact contained in the submission are 

true and correct and in accordance with 

the service provider’s ordinary course of 

network design and engineering.’’ This 

certification is in addition to the 

corporate officer certification required 

by the Broadband DATA Act and the 

Commission’s Second Order and Third 

Further Notice, 86 FR 18124, April 7, 

2021. 

3. In the July 2022 BDC Limited 

Waiver, the Bureaus found that granting 

a limited waiver of the rule was 

‘‘consistent with the policy objectives of 

the rule because providers will still be 

required, under the terms of the limited 

waiver the Commission adopted, to 

have an engineer review and certify 

their BDC submissions to help ensure 

the accuracy of the broadband data they 

submit’’ and that the limited waiver 

‘‘only modifies the engineering 

certification requirement to allow 

providers to use otherwise-qualified 

engineers who are not certified PEs to 

make the required certifications.’’ 

4. Petitioners assert that the ‘‘BDC 

process under the waiver has been 

effective, with no impact to the quality 

or accuracy of the BDC filings, and there 

remains an ongoing industry need for a 

waiver of the PE requirement.’’ The 

Petition says the industry, particularly 

smaller providers, is still experiencing 

hardships regarding the scarcity of PE 

licensure in the workforce and 

continues to face ‘‘significant 

challenges’’ meeting the PE certification 

requirement. The Petition also asserts 

that broadband providers can provide 

accurate broadband data without 

certification by licensed PEs. Petitioners 

therefore request that the Commission 

renew or extend the BDC Limited 

Waiver, or otherwise grant a new 

waiver, of the requirement that BDC 

certification be completed by a licensed 

PE for three additional data filing cycles 

and continue to allow providers that do 

not have access to licensed PEs to 

certify data with an engineering 

professional with the same 

qualifications specified in the BDC 

Limited Waiver. 

5. The Commission seeks comment on 

these and other issues raised by the 

Petition as they may impact both fixed 

and mobile broadband service 

providers. 

Federal Communications Commission. 

Amy Brett, 

Chief of Staff Wireless Telecommunications 

Bureau. 

[FR Doc. 2023–17957 Filed 8–21–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–280; RM–11957; DA 23– 

705; FR ID 165142] 

Television Broadcasting Services 

Colusa, California 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by One 

Ministries, Inc. (Petitioner), requesting 

the allotment of reserved 

noncommercial educational (NCE) 

channel *2 to Colusa, California as the 

community’s first local television 

service. 

DATES: Comments must be filed on or 

before September 21, 2023 and reply 

comments on or before October 6, 2023. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

James L. Oyster, Esq., 108 Oyster Lane, 

Castleton, Virginia 22716. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Petitioner contends that Colusa is a 

community deserving of a new 

television broadcast service. In support, 

the Petitioner states that Colusa, with a 

2020 population of 6,411 is the seat of 

Colusa County and known for its 

agricultural production. The Petitioner 

further states that Colusa has a mayor, 

mayor pro tem, and three council 

members; police, public works, parks 

and recreation, planning, fire, and 

utility departments; a library, airport, 

and numerous businesses and places of 

worship; and its own Zip Code. The 

Petitioner states its intention to file an 

application for channel *2, if allotted, 

and take all necessary steps to obtain a 

construction permit. The proposed 

amendment to the Table of TV 

Allotments warrants consideration. The 

Petitioner’s proposal would result in a 

first local service to Colusa under 

Allotment Priority (2) of the 

Commission’s television allotment 

priority standard. The Petitioner 

demonstrates, and a staff engineering 

analysis confirms, that channel *2 can 

be allotted to Colusa, California, 

consistent with the minimum 

geographic spacing requirements for 

new allotments in section 73.623(d) of 

the Commission’s rules. In addition, the 

allotment point complies with section 

73.625(a)(1) of the Commission’s rules 

as the entire community of Colusa is 

encompassed by the 35 dBm contour. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–280; 

RM–11957; DA 23–705, adopted August 

16, 2023, and released August 16, 2023. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov 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 Section 1.1204(a) 

of the Commission’s rules, 47 CFR 

1.1204(a). See Sections 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. 


lotter on DSK11XQN23PROD with PROPOSALS1
57032 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, 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 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. Amend § 73.622, by adding in the 

table in paragraph (j), under California, 

in alphabetical order the entry for 

‘‘Colusa’’ to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

California 

* * * * * 

Colusa ................................... * 2 

* * * * * 

* * * * * 

[FR Doc. 2023–18023 Filed 8–21–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–279; RM–11956; DA 23– 

703; FR ID 165046] 

Television Broadcasting Services 

Tulare, California 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by One 

Ministries, Inc. (Petitioner), requesting 

the allotment of reserved 

noncommercial educational (NCE) 

channel *3 to Tulare, California as the 

community’s first local television 

service. 

DATES: Comments must be filed on or 

before September 21, 2023 and reply 

comments on or before October 6, 2023. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

James L. Oyster, Esq., 108 Oyster Lane, 

Castleton, Virginia 22716. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Petitioner contends that Tulare is a 

community deserving of a new 

television broadcast service. In support, 

the Petitioner states that Tulare, with a 

2020 population of 70,733 was founded 

in 1872 by the Southern Pacific Railroad 

and is in the heart of agricultural San 

Joaquin Valley, halfway between Los 

Angeles and San Francisco. 

Tulare is known for its agricultural 

production and home to the nation’s 

largest single-site dairy complex. The 

Petitioner further states that Tulare has 

a mayor and five council members; 

police, public works, planning, 

engineering, and community and 

economic development departments; a 

library, school district, and numerous 

businesses and places of worship. The 

Petitioner states its intention to file an 

application for channel *3, if allotted, 

and take all necessary steps to obtain a 

construction permit. The proposed 

amendment to the Table of TV 

Allotments warrants consideration. The 

Petitioner’s proposal would result in a 

first local service to Tulare under 

Priority (2) of the Commission’s 

television allotment priority standard. 

The Petitioner demonstrates, and a 

Bureau staff engineering analysis 

confirms, that channel *3 can be 

allotted to Tulare, California, consistent 

with the minimum geographic spacing 

requirements for new allotments in 

section 73.623(d) of the Commission’s. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–279; 

RM–11956; DA 23–703, adopted August 

16, 2023, and released August 16, 2023. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov 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 Section 1.1204(a) 

of the Commission’s rules, 47 CFR 

1.1204(a). See Sections 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. 

Thomas Horan, 

Chief of Staff, 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 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. Amend § 73.622, by adding in the 

table in paragraph (j), under California, 

in alphabetical order the entry for 

‘‘Tulare’’ to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

California 

* * * * * 

Tulare .................................... * 3 

* * * * * 

[FR Doc. 2023–18025 Filed 8–21–23; 8:45 am] 

BILLING CODE 6712–01–P 


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