[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Proposed Rules]
[Pages 5860-5861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2669]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 03-154; MB Docket No. 03-12, RM-10627; MB Docket No. 03-13, RM-
10628; and MB Docket No. 03-14, RM-10629]


Radio Broadcasting Services: Johnston City and Marion, Illinois; 
Fredericksburg and Mason, Texas; Charles Town, West Virginia and 
Stephens City, Virginia

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on proposals in three 
separately docketed proceedings in a multiple docket Notice of Proposed 
Rule Making. The first, filed by Cleveland Radio Licenses, LLC, 
proposes to change Station WXVA-FM's community of license from Charles 
Town, West Virginia, to Stephens City, Virginia, and provide Stephens 
City with its first local aural transmission service. The coordinates 
for requested Channel 252A at Stephens City, Virginia are 39-07-30 NL 
and 78-04-26 WL, with a site restriction of 13.3 kilometers (8.3 miles) 
east of Stephens City, Virginia. The second, filed by Clear Channel 
Broadcasting Licenses, Inc., proposes to change Station WDDD-FM's 
community of license from Marion, Illinois to Johnston City, Illinois, 
and provide Johnston City with its first local FM transmission station. 
The coordinates for requested Channel 297B at Johnston City, Illinois, 
are 37-45-15 NL and 88-56-05 WL, with a site restriction of 7.4 
kilometers (4.6 miles) south of Johnston City, Illinois. The third 
proposal was filed by Jayson and Janice Fritz. They hold a construction 
permit to operate a

[[Page 5861]]

new FM broadcast station on Channel 289C2 at Mason, Texas. They request 
that the Commission downgrade Channel 289C2 to Channel 289C3, and 
reallot that channel to Fredericksburg, Texas, to provide 
Fredericksburg with its first local commercial FM transmission service. 
The coordinates for requested Channel 289C3 at Fredericksburg, Texas 
are 30-23-37 NL and 99-01-05 WL, with a site restriction of 19.3 
kilometers (12 miles) northwest of Fredericksburg.
    The foregoing reallotment proposals comply with the provisions of 
Section 1.420(i) of the Commission's Rules, and therefore, the 
Commission will not accept competing expressions of interest in the use 
of Channel 252A at Stephens City, Virginia, Channel 297B at Johnston 
City, Illinois, or Channel 289C3 at Fredericksburg, Texas, or require 
the rulemaking proponents to demonstrate the availability of any 
additional equivalent class channels.

DATES: Comments must be filed on or before March 10, 2003, and reply 
comments on or before March 25, 2003.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing 
comments with the FCC, interested parties should serve counsel for the 
rulemaking proponents, as follows: Mark N. Lipp, Esq. and J. Thomas 
Nolan, Esq., Shook, Hardy & Bacon; 600 14th Street, NW., Suite 800; 
Washington, DC 20005-2004 (Counsel for Cleveland Radio Licenses, LLC 
and Clear Channel Broadcasting Licenses, Inc.); and Vincent J. Curtis, 
Jr., Esq., Anne Goodwin Crump, Esq., and Alison J. Shapiro, Esq., 
Fletcher Heald & Hildreth, P.L.C.; 1300 North 17th Street, 11th Floor; 
Arlington, Virginia 22209 (Counsel for Jayson and Janice Fritz).

FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 03-12; MB Docket No. 03-
13; and MB Docket No. 03-14, adopted January 15, 2003, and released 
January 17, 2003. The full text of this Commission decision is 
available for inspection and copying during regular business hours in 
the FCC's Reference Information Center at Portals II, 445 12th Street, 
SW., CY-A257, Washington, DC 20554. This document may also be purchased 
from the Commission's duplicating contractors, 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 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 these proceedings, 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, 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 Illinois, is 
amended by adding Johnston City, Channel 297B, and removing Channel 
297B at Marion.
    3. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Fredericksburg, Channel 289C3, and removing Channel 
289C2 at Mason.
    4. Section 73.202(b), the Table of FM Allotments under Virginia, is 
amended by adding Stephens City, Channel 252A.
    5. Section 73.202(b), the Table of FM allotments under West 
Virginia, is amended by removing Charles Town, Channel 252A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 03-2669 Filed 2-4-03; 8:45 am]
BILLING CODE 6712-01-P