[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Pages 73535-73536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23468]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-279; RM-11956; DA 23-981; FR ID 179884]


Television Broadcasting Services Tulare, California

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Video Division, Media Bureau (Bureau) has before it a 
Notice of Proposed Rulemaking issued in response to a Petition for 
Rulemaking filed by One Ministries, Inc. (Petitioner). The Petitioner 
requests the allotment of reserved noncommercial educational (NCE) 
channel *3 to Tulare, California (Tulare), in the Table of TV 
Allotments as the community's first local television service. The 
Petitioner filed comments in support of the petition, as required by

[[Page 73536]]

the Commission's rules, reaffirming its commitment to apply for channel 
*3, and if authorized, to construct the facility.

DATES: Effective November 27, 2023.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#652f0a1c06004b2700170b1611000c0b250306064b020a13"><span class="__cf_email__" data-cfemail="ca80a5b3a9afe488afb8a4b9beafa3a48aaca9a9e4ada5bc">[email protected]</span></a>; or Emily Harrison, Media 
Bureau, at (202) 418-1665 or <a href="/cdn-cgi/l/email-protection#9bdef6f2f7e2b5d3fae9e9f2e8f4f5dbfdf8f8b5fcf4ed"><span class="__cf_email__" data-cfemail="bbfed6d2d7c295f3dac9c9d2c8d4d5fbddd8d895dcd4cd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
57032 on August 22, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel *3. No 
other comments were received.
    The Bureau believes the public interest would be served by 
allotting channel *3 at Tulare, which has a population of 70,733 and 
clearly qualifies for community of license status for allotment 
purposes. As stated in the NPRM, Tulare is known for its agricultural 
production and is home to the nation's largest single-site dairy 
complex. In addition, Petitioner 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. In addition, 
the proposal would result in a first local service to Tulare under the 
Commission's second allotment priority. The Petitioner demonstrates, 
and a staff engineering analysis confirms, that channel *3 can be 
allotted to Tulare consistent with the minimum geographic spacing 
requirements for new DTV allotments in section 73.623(d) of the rules. 
In addition, the allotment point complies with section 73.625(a)(1) of 
the rules as the entire community of Tulare is encompassed by the 35 
dB[mu] contour.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-279; RM-11956; DA 23-981, adopted October 16, 2023, and released 
October 16, 2023. The full text of this document is available for 
download at https://www.fcc.gov/edocs. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#81e7e2e2b4b1b5c1e7e2e2afe6eef7"><span class="__cf_email__" data-cfemail="3e585d5d0b0e0a7e585d5d10595148">[email protected]</span></a> or 
call the Consumer & Governmental 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.
    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICE

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. In Sec.  73.622(j), amend the Table of TV Allotments, under 
California, by adding an entry for Tulare 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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                               California
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                                * * * * *
Tulare.................................................              *3
 
                                * * * * *
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[FR Doc. 2023-23468 Filed 10-25-23; 8:45 am]
BILLING CODE 6712-01-P


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