[Federal Register Volume 68, Number 246 (Tuesday, December 23, 2003)]
[Proposed Rules]
[Page 74202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31605]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 03-3870; MB Docket No. 03-245; RM-10826]


Radio Broadcasting Services; Durant, OK, and Whitewright, TX

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on a petition for rulemaking 
filed by NM Licensing LLC, licensee of Station KLAK(FM), Channel 248C2, 
Durant, Oklahoma. The petition proposes to reallot KLAK(FM) from 
Durant, Oklahoma, to Whitewright, Texas, and to provide Whitewright 
with its first local aural transmission service. The coordinates for 
requested Channel 248C2 at Whitewright, Texas are 33-30-55 NL and 96-
24-16 with a site restriction of 1.2 kilometers (0.7 mile) west of 
Whitewright.
    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 248C2 at Whitewright, Texas, or require the petitioner to 
demonstrate the availability of an additional equivalent class channel.

DATES: Comments must be filed on or before January 30, 2004, and reply 
comments on or before February 17, 2004.

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: Joseph A. Belisle, Esq., Leibowitz & Associates, 
PA; One Southeast Third Avenue, Suite 1450; Miami, Florida 33131; and 
Mark N. Lipp, Esq. and J. Thomas Nolan, Esq., Vinson & Elkins, LLP; 
1455 Pennsylvania Avenue, NW., Washington, DC 20004-1008.

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. 03-245, adopted December 
3, 2003, and released December 8, 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, 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 Oklahoma, is 
amended by removing Channel 248C2 at Durant.
    3. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Whitewright, Channel 248C2.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division Media Bureau.
[FR Doc. 03-31605 Filed 12-22-03; 8:45 am]
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