[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Proposed Rules]
[Pages 7816-7817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3640]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 00-167; MM Docket No. 00-13, RM-9679; MM Docket No. 00-14, RM-9803]


Radio Broadcasting Services; Aberdeen, Elma and Montesano, WA; 
Elkhorn City and Coal Run, KY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes two reallotments. The Commission 
requests comments on a joint petition filed by KAYO Broadcasting and 
Marrow, Inc. proposing the reallotment of Channel 257C1 from Aberdeen 
to Elma Washington, and the modification of Station KAYO-FM's license 
accordingly; the substitution of Channel 271C2 for Channel 271C3 at 
Elma, the reallotment of Channel 271C2 from Elma to Montesano, 
Washington, and the modification of Station KAPV(FM)'s license 
accordingly. The Commission also requests comments on a petition filed 
by East Kentucky Broadcasting Corporation proposing the reallotment of 
Channel 276A from Elkhorn City to Coal Run, Kentucky, and the 
modification of Station WPKE-FM's license accordingly. Channel 257C1 
can be reallotted to Elma in compliance with the Commission's minimum 
distance separation requirements with a site restriction of 14.5 
kilometers (9.0 miles) west to avoid a short-spacing to the licensed 
site of Station KWJJ-FM, Channel 258C1, Portland, Oregon.

DATES: Comments must be filed on or before March 20, 2000, and reply 
comments on or before April 4, 2000.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, his counsel, or consultant, as follows: Peter 
Gutmann, Esq., Pepper & Corazzini, 1776 K Street, NW., Suite 200, 
Washington, DC 20006 (Counsel for KAYO Broadcasting and Marrow, Inc.); 
Patricia M. Chuh, Pepper & Corazzini, L.L.P., 1176 K Street, NW., Suite 
200, Washington, DC. (Counsel for East Kentucky Broadcasting 
Corporation).

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 00-13; and MM Docket No. 
00-14, adopted January 28, 2000 and released February 4, 2000. The full 
text of this Commission decision is available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center (Room CY-A257), 445 12th Street, SW, Washington, DC. The 
complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.
    The coordinates for Channel 257C1 at Elma are 46-57-31 North 
Latitude and 123-35-18 West Longitude. An engineering analysis has 
determined that proposed allotment meets domestic spacing requirements, 
and that Channel 257C1 can be reallotted to Elma as a specially-
negotiated, short-spaced allotment because it is short-spaced to the 
licensed site of Station CFOX(FM), Channel 257C, Vancouver, British 
Columbia, and to the proposed allotment of Channel 258A at Metchosin/
Sooke, British Columbia Likewise, Channel 271C2 can be allotted to 
Montesano with a site restriction of 14.5 kilometers (9.0 miles) 
northwest to avoid a short-spacing to the licensed site of KINK-FM, 
Channel 270C, Portland, Oregon. The coordinates for Channel 271C2 at 
Montesano are 47-03-44 North Latitude and 123-44-44 West Longitude. 
Since Elma and Montesano, Washington are located within 320 kilometers 
(200 miles) of the U.S.-Canadian border, Canadian concurrence has been 
requested. In accordance with Section 1.420(i) of the Commission's 
Rules, we will not accept competing expressions of interest for use of 
Channel 257C1 at Elma, Washington, or for Channel 271C2 at Montesano, 
Washington, or require petitioner to demonstrate the availability of an 
equivalent class channel at Montesano for use by such parties.
    Additionally, Channel 276A can be reallotted to Coal Run without 
the imposition of a site restriction. The coordinates for Channel 276A 
at Coal Run are 37-23-57 North Latitude and 82-30-32 West Longitude. In 
accordance with Section 1.420(i) of the Commission's Rules, we will not 
accept competing expressions of interest in the use of Channel 276A at 
Coal Run, Kentucky.
    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.

[[Page 7817]]

See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts.
    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. 00-3640 Filed 2-15-00; 8:45 am]
BILLING CODE 6712-01-P