[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Proposed Rules]
[Page 33657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15782]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 01-1388; MM Docket No. 01-122; RM-10130]


Radio Broadcasting Services; Hamilton, Lebanon, Ohio, Fort 
Thomas, Kentucky

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a joint petition for rule 
making filed by Infinity Radio License, Inc., and Caron Broadcasting, 
requesting the reallotment of Channel 247A from Lebanon, Ohio to Fort 
Thomas Kentucky, as the community's first local aural transmission 
service, and the reallotment of Channel 243B from Hamilton to Lebanon, 
Ohio, to retain the community's first local aural transmission service. 
Petitioner is asked to provide additional information in support of the 
requested reallotment, specifically the independence of Fort Thomas 
from the Cincinnati urbanized Area and relative population gains and 
losses. We also seek comment on petitioners' claim that the proposal is 
fully spaced based on Section 73.213(a) of the Commission's Rules 
regarding ``pre-1964'' grandfathered short-spaced stations under 
Section 73.207 of the rules. Channel 247A can be allotted at Fort 
Thomas at petitioner's requested site 14.7 kilometers (9.1 miles) north 
of Fort Thomas. Channel 243B can be reallotted from Hamilton to Lebanon 
at Station WYGY(FM)'s existing site 13.9 kilometers (8.6 miles) 
southwest of the community. Coordinates for Channel 247A at Fort 
Thomas, Kentucky, are 39-11-51 NL and 84-22-56 WL. Coordinates for 
Channel 243B at Lebanon, Ohio, are 39-21-11 NL and 84-19-30 WL.

DATES: Comments must be filed on or before July 30, 2001, and reply 
comments on or before August 14, 2001.

ADDRESSES: Secretary, Federal Communications Commission, Washington, DC 
20554. In addition to filing comments with the FCC, interested parties 
should serve the petitioners, as follows: John D. Poutasse, 2000 K 
Street, NW., Suite 600, Washington, DC 20006-1809 (Counsel for Infinity 
Radio License, Inc.); James P. Riley, Fletcher, Heald and Hildreth, 
1300 N 17th Street, 11th Floor, Arlington, VA 22209-3801 (Counsel for 
Caron Broadcasting).

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Mass Media 
Bureau, and (202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 01-122 adopted May 30, 
2001 and released June 8, 2001. 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.
    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.
    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.

    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, 303, 334 and 336.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Ohio, is 
amended by removing Channel 247A at Lebanon, adding Channel 243B at 
Lebanon, removing Channel 243B at Hamilton.
    3. Section 73.202(b), the Table of FM Allotments under Kentucky, is 
amended by adding Fort Thomas, Channel 247A.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 01-15782 Filed 6-22-01; 8:45 am]
BILLING CODE 6712-01-U