[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Proposed Rules]
[Page 30855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12283]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-1316, MB Docket No. 04-185, RM-10860]


Digital Television Broadcast Service; Appleton, WI

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a petition filed by Ace 
TV, Inc., licensee of station WACY(TV), Appleton, Wisconsin, proposing 
the substitution of DTV channel 27 for DTV channel 59 at Appleton. DTV 
Channel 27 can be allotted to Appleton with a ``c'' designation at 
coordinates 44-21-30 N. and 87-58-48 W. with a power of 50, a height 
above average terrain HAAT of 336 meters. Since the community of 
Appleton is located within 400 kilometers of the U.S.-Canadian border, 
concurrence from the Canadian has been obtained for this allotment.

DATES: Comments must be filed on or before July 12 2004, and reply 
comments on or before July 27, 2004.

ADDRESSES: The Commission permits the electronic filing of all 
pleadings and comments in proceeding involving petitions for rule 
making (except in broadcast allotment proceedings). See Electronic 
Filing of Documents in Rule Making Proceedings, GC Docket No. 97-113 
(rel. April 6, 1998). Filings by paper can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail. The Commission's contractor, Natek, 
Inc., will receive hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 
110, Washington, DC 20002. The filing hours at this location are 8 a.m. 
to 7 p.m. All hand deliveries must be held together with rubber bands 
or fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal Communications 
Commission, Washington, DC 20554. In addition to filing comments with 
the FCC, interested parties should serve the petitioner, or its counsel 
or consultant, as follows: David D. Oxenford, Shaw Pittman LLP, 2300 N 
Street, NW., Washington, DC 20037-1128 (Counsel for Ace TV, Inc.).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Media Bureau, (202) 
418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 04-185, adopted May 11, 
2004, and released May 21, 2004. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC, 20554. This document 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].
    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

    Digital television broadcasting, Television.

    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.  73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under Wisconsin is amended by removing DTV channel 59 and adding DTV 
channel 27c at Appleton.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 04-12283 Filed 5-28-04; 8:45 am]
BILLING CODE 6712-01-P