[Federal Register Volume 69, Number 60 (Monday, March 29, 2004)]
[Proposed Rules]
[Page 16202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6943]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-608; MB Docket No. 04-67; RM-10856]


Radio Broadcasting Services; Easthampton and Pittsfield, MA, and 
Malta, NY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on a petition for rule making 
filed by Vox New York, LLC, licensee of Station WNYQ(FM) (``WNYQ''), 
Malta, New York, and Great Northern Radio, LLC, licensee of Station 
WBEC-FM, Pittsfield, Massachusetts. The licensees propose to upgrade 
Channel 289A, Station WNYQ, to Channel 289B1 and to reallot Channel 
288A, Station WBEC-FM, from Pittsfield to Easthampton, Massachusetts. 
The reallotment of Channel 288A to Easthampton will provide Easthampton 
with its first local aural transmission service. The coordinates for 
requested Channel 289B1 at Malta, New York, are 42-58-17 NL and 73-40-
52 WL, with a site restriction of 9.1 kilometers (5.7 miles) east of 
Malta. The coordinates for requested Channel 288A at Easthampton, 
Massachusetts, are 42-18-52 NL and 72-41-18 WL, with a site restriction 
of 5.5 kilometers (3.4 miles) north of Easthampton.
    Petitioners' proposal complies with the provisions of Sections 
1.420(g)(3) and (i) of the Commission's Rules, and therefore, the 
Commission will not accept competing expressions of interest in the use 
of Channel 289B1 at Malta, New York, or Channel 288A at Easthampton, 
Massachusetts, or require the licensees to demonstrate the availability 
of additional equivalent class channels for use by other parties.

DATES: Comments must be filed on or before May 3, 2004, and reply 
comments on or before May 18, 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 petitioner's 
counsel, as follows: David G. O'Neil, Esq., Rini Coran, PC; 1501 M 
Street, NW., Suite 500; Washington, DC 20005.

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. 04-67, adopted March 10, 
2004, and released March 12, 2004. 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 
Massachusetts, is amended by adding Easthampton, Channel 288A, and 
removing Channel 288A at Pittsfield.
    3. Section 73.202(b), the Table of FM Allotments under New York, is 
amended by adding Channel 289B1 and removing Channel 289A at Malta.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-6943 Filed 3-26-04; 8:45 am]
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