[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Proposed Rules]
[Pages 55821-55822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27259]



-----------------------------------------------------------------------


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 95-162, RM-8714]


Radio Broadcasting Services; Wellsville, NY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Commission requests comments on a petition filed by Erin 
Communications, Inc., seeking the substitution of Channel 278A for 
Channel 228A at Wellsville, NY, and the modification of Station 
WJQZ(FM)'s license accordingly. The substitution of channels could 
enable Station WJQZ(FM) to operate with full Class A facilities of 6 kW 
instead of its present 3 kW. Channel 278A can be allotted to Wellsville 
in compliance with the Commission's minimum distance separation 
requirements with a site restriction of 8.7 kilometers (5.4 miles) 
southwest, at coordinates 42-13-24 NL; 78-00-34 WL. Canadian 
concurrence in the allotment is required since Wellsville is located 
within 320 kilometers (200 miles) of the U.S.-Canadian border. The 
Commission will not accept competing expressions of interest in use of 
Channel 278A at Wellsville since the procedures set forth in 1.420(g) 
of the Commission's Rules do not apply in this case as the Commission 
generally considers channels of the same class to be equivalent.

DATES: Comments must be filed on or before December 21, 1995, and reply 
comments on or before January 5, 1996.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: James 
A. Koerner, Esq., Baraff, Koerner, Olender & Hochberg, P.C., Three 
Bethesda Metro Center, Suite 640, Bethesda, MD 20814-5330 (Counsel to 
petitioner).

FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 95-162, adopted September 
18, 1995, and released October 30, 1995. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 239), 1919 M 
Street, NW., Washington, DC. The complete text of this decision may 
also be purchased from the Commission's copy contractor, International 
Transcription Services, Inc., (202) 857-3800, 2100 M Street, NW., Suite 
140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts. 

[[Page 55822]]

    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 95-27259 Filed 11-2-95; 8:45 am]
BILLING CODE 6712-01-F