[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Page 59751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25734]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 87-267; FCC 00-291]


Implementation of the AM Expanded Band Allotment Plan

AGENCY: Federal Communications Commission.

ACTION: Final rule; on remand from U.S. Court of Appeals for D.C. 
Circuit; record supplemented.

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SUMMARY: After undertaking a hypothetical computer re-analysis of the 
allotment plan for the migration of AM radio stations to the expanded 
band, i.e., 1605-1705 kHz, deleting protections for federal Traveler 
Information Service (``TIS''), the Federal Communications Commission 
(``FCC'') concluded that WGNY(AM), Newburgh, New York, would not have 
been granted an AM expanded band allotment even if TIS station 
protection was deleted. This action was taken in response to WGNY's 
argument that it would have been granted an expanded band allotment if 
the expanded band plan did not include TIS protections. The FCC also 
declined to consider WGNY's objections to several fundamental aspects 
of the allotment methodology which were resolved earlier in this 
proceeding but about which WGNY did not object previously.

DATES: Effective August 10, 2000.

FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Services 
Division, Mass Media Bureau (202) 418-2789.

SUPPLEMENTARY INFORMATION: In Implementation of the AM Expanded Band 
Allotment Plan, MM Bureau Docket No. 87-267, FCC 00-291, adopted August 
3, 2000, released August 10, 2000 (``Memorandum Opinion and Order''), 
on remand from the U.S. Court of Appeals for the District of Columbia 
Circuit (the ``Court''), the Federal Communications Commission 
concluded that a computer reanalysis performed by the FCC staff 
establishes that Station WGNY(AM), Newburgh, New York, would not 
receive an AM expanded band allotment even if the FCC were to adopt the 
technical change to the allotment methodology that the licensee of 
WGNY(AM) advocated. On June 25, 1997, Sunrise Broadcasting of New York, 
Inc., sought review by the Court of the FCC's March 17, 1997 Order in 
Implementation of the AM Expanded Band Allotment Plan, FCC 97-68, 12 
FCC Rcd 3361, 62 FR 23176 (Apr. 29, 1997) (``Order''), which had 
denied, inter alia, Sunrise's Petition for Reconsideration of Non-
Inclusion in Expanded AM Band Allotment Plan. Note: 62 FR 23176 
inadvertently omitted the Final Regulatory Flexibility Analysis for the 
Order, FCC 97-68; that analysis is located at 62 FR 28369 (May 23, 
1997). Also on March 17, 1997, the Mass Media Bureau issued a Public 
Notice, Mass Media Bureau Announces Revised AM Expanded Band Allotment 
Plan and Filing Window for Eligible Stations, 12 FCC Rcd 3185 (MM 
Bureau 1997) (``Third Allotment Plan'') which did not include an 
expanded band allotment for WGNY. Sunrise argued to the Court of 
Appeals that the staff's granting certain Traveler Information Service 
(``TIS'') stations co-primary status (thus according them some 
interference protection) was an unexplained change of agency policy and 
resulted in WGNY being precluded from obtaining an expanded band 
allotment. The Mass Media Bureau responded to the Court with a computer 
analysis that eliminated TIS Station consideration but still resulted 
in WGNY not having an allotment. After the Court remanded the matter to 
the FCC on this point, on March 31, 1998, the Mass Media Bureau 
supplemented the record with the computer re-analysis. On October 19, 
1998, Sunrise conceded this point, but in Comments filed with the FCC 
it sought consideration, for the first time, of issues not previously 
raised in this proceeding. Specifically, Sunrise objected to the 1995 
FCC decision to change the co-channel distance separation requirements 
for AM expanded band stations from 400 to 800 kilometers (see 
Reconsideration of Implementation of the AM Expanded Band Allotment 
Plan, 10 FCC Rcd 12143, 12149 (1995)), and to the calculation of the 
improvement factors for two of the 710 potential expanded band stations 
listed in a 1996 Mass Media Bureau Public Notice (see Public Notice, 
Mass Media Bureau Announces Revised Experimental AM Broadcast Band 
Implementation Factors and Allotment Plan, 11 FCC Rcd 11419 (MMB 1996). 
In the Memorandum Opinion and Order, the FCC denied as untimely 
Sunrise's request to reexamine any aspects of the AM expanded band 
proceeding other than those relating directly to the interference 
protection afforded TIS stations, and ordered that the Mass Media 
Bureau's computer re-analysis be made a part of the record in this 
proceeding. The full text of the Memorandum Opinion and Order issued in 
Implementation of the AM Expanded Band Allotment Plan, FCC 00-291, 
adopted August 3, 2000 and released on August 10, 2000 is available for 
inspection and copying during normal business hours in the FCC Dockets 
Branch (Room TW-A306), 445 12th Street, SW, Washington, D.C. The 
complete text of this MO&O may also be purchased from the FCC's copy 
contractor, International Transcription Services (202) 857-3800, 1231 
20th Street, NW, Washington, D.C.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 00-25734 Filed 10-5-00; 8:45 am]
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