Proposed Rule2023-18343
Television Broadcasting Services; Alamogordo, New Mexico
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2023
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 164 (Friday, August 25, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18343]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.fcc.gov/edocs">https://www.fcc.gov/edocs</a>. 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) * * *
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
New Mexico
------------------------------------------------------------------------
* * * * *
Alamogordo............................................. * 4
* * * * *
------------------------------------------------------------------------
[FR Doc. 2023-18343 Filed 8-24-23; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.