[Federal Register Volume 67, Number 68 (Tuesday, April 9, 2002)]
[Rules and Regulations]
[Pages 17014-17015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8480]


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FEDERAL COMMUNICATIONS COMMISSION

 47 CFR Part 73

[FCC 02-35, MM Docket No. 90-66, RM-7139, RM-7368, RM-7369]


 FM Broadcasting Services; Lincoln, Osage Beach, Steelville, and 
Warsaw, MO

AGENCY: Federal Communications Commission.

[[Page 17015]]


ACTION:  Final rule; application for review denied.

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SUMMARY: In this proceeding involving mutually exclusive proposals to 
amend the FM Table of Allotments, the Commission affirmed the staff's 
dismissal of a counterproposal filed by Twenty-One Sound Communications 
to upgrade its Station KNSX(FM), Steelville, Missouri, from Channel 
227C2 to Channel 227C1 for failure to comply with the verification 
requirements of Section 1.52 of the Commission's Rules. The Commission 
also affirmed the grant of a mutually exclusive proposal to upgrade 
Station KYLC(FM), Osage Beach, Missouri, from Channel 228A to Channel 
228C3. See 62 FR 25557 (May 9, 1997) and 61 FR 29311 (June 10, 1996). 
See also Supplemental Information.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion 
and Order, MM Docket 90-66, adopted February 8, 2002, and released 
March 25, 2002. The full text of this Commission decision is available 
for inspection and copying during normal business hours in the 
Commission's Reference Information Center (room CY-A257), 445 12th 
Street, SW., Washington, DC 20554. The complete text of this decision 
may be also purchased from the Commission's copy contractor, Qualex 
International Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC, 20554.
    Section 1.52 of the Commission's Rules requires that the original 
of any document filed with the Commission by a party not represented by 
counsel be signed and verified by the party and his or her address 
stated. Since Twenty-One Sound had failed to include an affidavit 
verifying that the statements contained in its counterproposal were 
true to the best of its knowledge, the counterproposal was dismissed. 
Twenty-One Sound had contended that the rule was unfairly applied to 
its counterproposal because it was filed before the Commission had 
announced that it would strictly apply the verification rule in 
allotment proceedings. The Commission disagreed, finding that in 
situations where the Commission waived the verification rule, it had 
done so if there would not be prejudice to another mutually exclusive 
proposal that had complied with the Commission's Rules. Since waiver of 
the verification rule in this case would prejudice a party that had 
filed a proposal compliant with the Commission's technical rules, 
Twenty-One Sound's counterproposal was properly dismissed.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 02-8480 Filed 4-8-02; 8:45 am]
BILLING CODE 6712-01-P