[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Proposed Rules]
[Page 31169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11607]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 02-979, MB Docket No. 02-92, RM-10363]


Digital Television Broadcast Service; Albany, NY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a petition filed by Clear 
Channel Broadcasting Licenses, Inc., licensee of station WXXA-TV, NTSC 
channel 23, Albany, New York, requesting the substitution of DTV 
channel 7 for DTV channel 4. DTV Channel 7 can be allotted to Albany, 
New York, in compliance with the principle community coverage 
requirements of section 73.625(a) at reference coordinates (42-37-31 N. 
and 74-00-38 W.). However, since the community of Albany is located 
within 400 kilometers from the U.S.-Canadian border, concurrence from 
the Canadian government must be obtained for this allotment. As 
requested, we propose to allot DTV Channel 7 to Albany with a power of 
10 and a height above average terrain (HAAT) of 434 meters.

DATES: Comments must be filed on or before June 24, 2002, and reply 
comments on or before July 10, 2002.

ADDRESSES: The Commission permits the electronic filing of all 
pleadings and comments in proceeding involving petitions for rule 
making (except in broadcast allotment proceedings). See Electronic 
Filing of Documents in Rule Making Proceedings, GC Docket No. 97-113 
(rel. April 6, 1998). Filings by paper can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail). The Commission's 
contractor, Vistronix, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, 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: John M 
Burgett, Wiley, Rein & Fielding LLP, 1776 K Street, NW., Washington, DC 
20006 (Counsel for Clear Channel Broadcasting Licenses, Inc.).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Media Bureau, (202) 
418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 02-92, adopted April 26, 
2002, and released May 3, 2002. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC, 20554. This document may 
also be purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, 
or via-e-mail [email protected].
    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

    Television, Digital television broadcasting.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--TELEVISION 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. 73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under New York is amended by removing DTV Channel 4 and adding DTV 
Channel 7 at Albany.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 02-11607 Filed 5-8-02; 8:45 am]
BILLING CODE 6712-01-U