[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Pages 73536-73537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23663]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-281; RM-11958; DA 23-998; FR ID 181232]


Television Broadcasting Services Alamogordo, New Mexico

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 Vision Broadcasting Network, Inc. (Petitioner). The 
Petitioner requests the allotment of reserved noncommercial educational 
(NCE) channel *4 to Alamogordo, New Mexico (Alamogordo), 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 
the Commission's rules (rules), reaffirming its commitment to apply for 
channel *4 and if authorized, to construct the facility.

DATES: Effective November 27, 2023.

FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202) 
418-1665 or [email protected].

SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
58210 on August 25, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel *4. No 
other comments were received.
    The Bureau believes the public interest would be served by 
allotting channel *4 at Alamogordo, which, as of 2020, has a population 
of 30,898 and clearly qualifies for community of license status for 
allotment purposes. Alamogordo is the county seat of Otero County and 
has its own seat of government consisting of a mayor, six 
Commissioners, and a city manager, as well as its own police, fire, 
public works, utility, planning, engineering, and community and 
economic development departments. Alamogordo also has a library, school 
district, numerous businesses and places of worship, and its own ZIP 
Code. The proposal would also result in a first local service to 
Alamogordo under the Commission's second allotment priority. The 
Petitioner demonstrates, and a staff engineering analysis confirms, 
that channel *4 can be allotted to Alamogordo consistent with the 
minimum geographic spacing

[[Page 73537]]

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 Alamogordo is encompassed by the 
35 dB[mu] contour.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-281; RM-11958; DA 23-998, adopted October 20, 2023, and released 
October 20, 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 [email protected] 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 New 
Mexico, by adding an 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. 2023-23663 Filed 10-25-23; 8:45 am]
BILLING CODE 6712-01-P