Television Broadcasting Services; Alamogordo, New Mexico, 58210-58211 [2023-18343]

Download as PDF ddrumheller on DSK120RN23PROD with PROPOSALS1 58210 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program; • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. In addition, this proposed rulemaking action, pertaining to New York’s submissions, is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and VerDate Sep<11>2014 17:46 Aug 24, 2023 Jkt 259001 commercial operations or programs and policies.’’ The NYSDEC did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Lisa Garcia, Regional Administrator, Region 2. [FR Doc. 2023–18283 Filed 8–24–23; 8:45 am] BILLING CODE 6560–50–P 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 Federal Communications Commission. ACTION: Proposed rule. AGENCY: 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. SUMMARY: 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 ADDRESSES: PO 00000 Frm 00097 Fmt 4702 Sfmt 4702 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 Joyce.Bernstein@fcc.gov. 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 dBm 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 FCC504@fcc.gov 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 E:\FR\FM\25AUP1.SGM 25AUP1 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 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 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. Amend § 73.622 by adding, in the table in paragraph (j), under New Mexico, in alphabetical order the entry for ‘‘Alamogordo’’ to read as follows: ■ § 73.622 Digital television table of allotments. * * * (j) * * * * * Community * * Channel No. * * * ddrumheller on DSK120RN23PROD with PROPOSALS1 New Mexico * * * Alamogordo .......................... * * * * * *4 * [FR Doc. 2023–18343 Filed 8–24–23; 8:45 am] BILLING CODE 6712–01–P VerDate Sep<11>2014 17:46 Aug 24, 2023 Jkt 259001 * FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [PSHSB: PS Docket No. 23–239; FCC 23– 65 FR ID 166265] Cybersecurity Labeling for Internet of Things Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Federal Communications Commission (Commission) proposes measures to improve consumer confidence and understanding of the security of their connected devices—commonly known as Internet of Things (IoT) devices—that are woven into the fabric of their everyday lives. To provide consumers with the peace of mind that the technology being brought into their homes is reasonably secure, and to help guard against risks to communications, the Commission proposes a voluntary cybersecurity labeling program that would provide easily understood, accessible information to consumers on the relative security of an IoT device or product, and assure consumers that manufacturers of devices bearing the Commission’s IoT cybersecurity label adhere to widely accepted cybersecurity standards. In this regard, the Commission’s cybersecurity labeling program would help consumers compare IoT devices and make informed purchasing decisions, drive consumers toward purchasing devices with greater security, incentivize manufacturers to meet higher cybersecurity standards to meet market demand, and encourage retailers to market secure devices. The proposed IoT label would offer a trusted, government-backed symbol for devices that comply with IoT cybersecurity standards. DATES: Comments are due on or before September 25, 2023 and reply comments are due on or before October 10, 2023. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public and other interested parties on or before October 24, 2023. ADDRESSES: You may submit comments, identified by PS Docket No. 23–239, by any of the following methods: • Federal Communications Commission’s website: https:// www.apps.fcc.gov/ecfs/. Follow the instructions for submitting comments. • Mail: Parties who choose to file by paper must file an original and one copy SUMMARY: PO 00000 Frm 00098 Fmt 4702 Sfmt 4702 58211 of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20–304 (March 19, 2020). https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. People with Disabilities. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). FOR FURTHER INFORMATION CONTACT: Erika Olsen, Acting Chief, Cybersecurity and Communications Reliability Division, Public Safety and Homeland Security Bureau, (202) 418–2868, or by email to erika.olsen@fcc.gov; or James Zigouris, Attorney-Advisor, Cybersecurity and Communications Reliability Division, Public Safety and Homeland Security Bureau, (202) 418– 0697, or by email to james.zigouris@ fcc.gov. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an email to PRA@fcc.gov or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202–418–2991, or by email to PRA@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Proposed Rulemaking (NPRM), FCC 23– 65, adopted August 6, 2023, and released August 10, 2023. The full text of this document is available by E:\FR\FM\25AUP1.SGM 25AUP1

Agencies

[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 
[email protected].

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 [email protected] 
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


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