[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Rules and Regulations]
[Pages 71894-71895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30512]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 02-3067; MB Docket No. 02-258, RM-10500; MB Docket No. 02-259, RM-
10501; MB Docket No. 02-262, RM-10504; MB Docket No. 02-264, RM-10505; 
MB Docket No. 02-265, RM-10556]


Radio Broadcasting Services; Dickens, Floydada, Rankin, San 
Diego, and Westbrook, TX

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document grants five proposals that allot new channels to 
Dickens, Texas, Floydada, Texas, Rankin, Texas, San Diego, Texas, and 
Westbrook, Texas. The Audio Division, at the request of Maurice Salsa, 
allots Channel 294A at Dickens, Texas, as the community's first local 
aural transmission service. See 67 FR 57781, September 12, 2002. 
Channel 294A can be allotted to Dickens in compliance with the 
Commission's minimum distance separation requirements with a site 
restriction of 10.1 kilometers (6.3 miles) northeast to avoid a short-
spacing to the license site of Station KEJS, Channel 293C2, Lubbock, 
Texas. The coordinates for Channel 294A at Dickens are 33-40-43 North 
Latitude and 100-45-00 West Longitude. Filing windows for Channel 294A 
at Dickens, Texas, Channel 255A at Floydada, Texas, Channel 229C3 at 
Rankin, Texas, Channel 273A at San Diego, Texas, and Channel 272A at 
Westbrook, Texas, will not be opened at this time. Instead, the issue 
of opening a filing window for these channels will be addressed by the 
Commission in a subsequent order. See Supplementary Information, infra.

DATES: Effective December 23, 2002.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket Nos. 02-258, 02-259, 02-262, 
02-264, 02-265, adopted November 6, 2002, and released November 8, 
2002. The full text of this Commission decision is available for 
inspection and copying during regular business hours at the FCC's 
Reference Information Center, Portals II, 445 Twelfth Street, SW., Room 
CY-A257, Washington, DC 20554. The complete text of this decision 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].
    The Audio Division, at the request of Linda Crawford, allots 
Channel 255A at Floydada, Texas, as the community's second local aural 
transmission service. See 67 FR 57781, September 12, 2002. Channel 255A 
can be allotted to Floydada in compliance with the Commission's minimum 
distance separation requirements with a site restriction of 4.3 
kilometers (2.7 miles) northeast to avoid a short-spacing to the 
license site of Station KQBR, Channel 258C1, Lubbock, Texas. The 
coordinates for Channel 255A at Floydada are 34-00-54 North Latitude 
and 101-18-29 West Longitude.
    The Audio Division, at the request of Robert Fabian, allots Channel 
229C3 at Rankin, Texas, as the community's first local aural 
transmission service. See 67 FR 57781, September 12, 2002. Channel 
229C3 can be allotted to Rankin in compliance with the Commission's 
minimum distance separation requirements with a site restriction of 
12.6 kilometers (7.8 miles) east of Rankin, Texas. The coordinates for 
Channel 229C3 at Rankin are 31-11-24 North Latitude and 101-48-39 West 
Longitude. Although concurrence has been requested for Channel 229C3 at 
Rankin, notification has not been received. If a construction permit is 
granted prior to the receipt of formal concurrence in the allotment by 
the Mexican government, the construction permit will include the 
following condition: ``Operation with the facilities specified for 
Rankin herein is subject to modification, suspension or, termination 
without right to hearing, if found by the Commission to be necessary in 
order to conform to the 1992 USA-Mexico FM Broadcast Agreement.''
    The Audio Division, at the request of Charles Crawford, allots 
Channel 273A at San Diego, Texas, as the community's second local aural 
transmission service. See 67 FR 57781, September 12, 2002. Channel 273A 
can be allotted to San Diego in compliance with the Commission's 
minimum distance separation requirements with a site restriction of 9.6 
kilometers (5.9 miles) west to avoid a short-spacing to the license 
site of Station KNDA, Channel 275C2, Alice, Texas. The coordinates for 
Channel 273A at San Diego are 27-46-29 North Latitude and 98-20-04 West 
Longitude. Although concurrence has been requested for Channel 273A at 
San Diego, Texas, notification has not been received. If a construction 
permit is granted prior to the receipt of formal concurrence in the 
allotment by the Mexican government, the construction permit will 
include the following condition: ``Operation with the facilities 
specified for San Diego herein is subject to modification, suspension 
or, termination without right to hearing, if found by the Commission to 
be necessary in order to conform to the 1992 USA-Mexico FM Broadcast 
Agreement.''
    The Audio Division, at the request of Maurice Salsa, allots Channel 
272A at Westbrook, Texas, as the community's first local aural 
transmission service. See 67 FR 57781, September 12, 2002. Channel 272A 
can be allotted to Westbrook in compliance with the Commission's 
minimum distance separation requirements with a site restriction of 6.8 
kilometers (4.2 miles) west to avoid a short-spacing to the license 
site of Station KFZX, Channel 271C, Gardendale, Texas. The coordinates 
for Channel 272A at Westbrook are 32-22-24 North Latitude and 101-04-58 
West Longitude. Although concurrence has been requested for Channel 
272A at Westbrook, Texas, notification has not been received. If a 
construction permit is granted prior to the receipt of formal 
concurrence in the allotment by the Mexican government, the 
construction permit will include the following condition: ``Operation 
with the facilities specified for Westbrook herein is subject to 
modification, suspension or, termination without right to hearing, if 
found by the Commission to be necessary in order to conform to the 1992 
USA-Mexico FM Broadcast Agreement.''
    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 contact.

[[Page 71895]]

    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, Radio broadcasting.

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 Texas, is 
amended by adding Dickens, Channel 294A; by adding Channel 255A at 
Floydada; by adding Rankin, Channel 229C3; by adding Channel 273A at 
San Diego; by adding Westbrook, Channel 272A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 02-30512 Filed 12-2-02; 8:45 am]
BILLING CODE 6712-01-P