[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58210-58211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18343]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-281; RM-11958; DA 23-706; FR ID 165158]


Television Broadcasting Services; Alamogordo, New Mexico

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by Vision Broadcasting Networks, Inc. (Petitioner), requesting the 
allotment of reserved noncommercial educational (NCE) channel *4 to 
Alamogordo, New Mexico as the community's first local television 
service.

DATES: Comments must be filed on or before September 25, 2023 and reply 
comments on or before October 10, 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 
<a href="/cdn-cgi/l/email-protection#df95b0a6bcbaf19dbaadb1acabbab6b19fb9bcbcf1b8b0a9"><span class="__cf_email__" data-cfemail="7f3510061c1a513d1a0d110c0b1a16113f191c1c51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Petitioner contends that Alamogordo is a 
community deserving of a new television broadcast service. In support, 
the Petitioner states that Alamogordo, with a 2020 population of 30,898 
is the county seat of Otero County. Alamogordo has a mayor, six 
Commissioners, and a city manager; police, fire, public works, and 
utility departments, planning, engineering, and community and economic 
development departments; a library, school district, numerous 
businesses and places of worship; and its own ZIP Code. The Petitioner 
states its intention to file an application for channel *4, 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 Alamogordo under Allotment Priority (2) of the Commission's 
television allotment priority standard. The Petitioner demonstrates, 
and a staff engineering analysis confirms, that channel *4 can be 
allotted to Alamogordo, New Mexico, 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 rules as the entire community of 
Alamogordo is encompassed by the 35 dB[mu] contour.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 23-281; RM-11958; DA 23-706, 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 <a href="/cdn-cgi/l/email-protection#175154542227235771747439707861"><span class="__cf_email__" data-cfemail="34727777010400745257571a535b42">[email protected]</span></a> 
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

[[Page 58211]]

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 SERVICES

0
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.

0
2. Amend Sec.  73.622 by adding, in the table in paragraph (j), under 
New Mexico, in alphabetical order the entry for ``Alamogordo'' to read 
as follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (j) * * *

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                       Community                           Channel No.
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                                * * * * *
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                               New Mexico
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                                * * * * *
Alamogordo.............................................             * 4
 
                                * * * * *
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[FR Doc. 2023-18343 Filed 8-24-23; 8:45 am]
BILLING CODE 6712-01-P


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