[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Page 43704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18807]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 03-2262; MB Docket No. 03-164; RM-10737]


Radio Broadcasting Services; Marmet and Montgomery, WV

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on a petition for rule making 
filed by Educational Media Foundation, licensee of Station WKVW(FM), 
Channel 227A, Montgomery, West Virginia. The petition proposes to 
change Station WKVW(FM)'s community of license from Montgomery to 
Marmet, West Virginia, and provide Marmet with its first local aural 
transmission service. The coordinates for requested Channel 227A at 
Marmet, West Virginia, are 38-13-09 NL and 81-25-05 WL, with a site 
restriction of 13.4 kilometers (8.3 miles) east of Marmet.
    Petitioner's reallotment proposal complies 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 227A at Marmet, West Virginia, or require the petitioner to 
demonstrate the availability of an additional equivalent class channel.

DATES: Comments must be filed on or before September 5, 2003, and reply 
comments on or before September 22, 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 the petitioners' 
counsel, as follows: David D. Oxenford, Esq., Veronica D. McLaughlin, 
Esq., and Amy L. Van de Kerckhove, Esq., SHAW PITTMAN LLP; 2300 N 
Street, NW., Washington, DC 20037-1128.

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. 03-164, adopted July 9, 
2003, and released July 14, 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 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, 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 West 
Virginia, is amended by adding Marmet, Channel 227A, and removing 
Montgomery, Channel 227A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 03-18807 Filed 7-23-03; 8:45 am]
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