2023-23663. Television Broadcasting Services Alamogordo, New Mexico

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

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 [e-mail].

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 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 dBμ 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 [e-mail] 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, see44 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, see5 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

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. In § 73.622(j), amend the Table of TV Allotments, under New Mexico, by adding an entry for Alamogordo to read as follows:

§ 73.622

Digital television table of allotments.

* * * * *

(j) * * *

Community	Channel No.
*    *    *    *    *
New Mexico
*    *    *    *    *
Alamogordo	*4
*    *    *    *    *