[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Rules and Regulations]
[Page 34602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13993]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-1542; MB Docket No. 03-208, RM-10793]


Radio Broadcasting Services; Arthur and Hazelton, ND

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Audio Division, at the request of Vision Media 
Incorporated, substitutes Channel 280C1 for Channel 280C3 at Arthur, 
North Dakota, and the modifies Station DVMI(FM)'s license accordingly. 
To accommodate the upgrade, we also substitute Channel 277C for vacant 
Channel 280C at Hazelton, North Dakota. See 68 FR 60074, October 21, 
2003. Channel 280C1 can be substituted at Arthur in compliance with the 
Commission's minimum distance separation requirements with a site 
restriction of 48.5 kilometers (30.1 miles) northwest at petitioner's 
requested site. The coordinates for Channel 280C1 at Arthur are 47-19-
35 North Latitude and 97-26-15 West Longitude. Additionally, Channel 
277C can be substituted at Hazelton with a site restriction of 51.6 
kilometers (32.0 miles) west at the authorized allotment site. The 
coordinates for Channel 277C at Hazelton are 46-22-06 North Latitude 
and 100-55-49 West Longitude.

DATES: Effective August 2, 2004. A filing window for Channel 277C at 
Hazelton, North Dakota, will not be opened at this time. Instead, 
Channel 277C will be substituted for Channel 280C (FM197) at Hazelton 
on Auction No. 37, rescheduled for November 3, 2004.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 03-208, adopted May 26, 2004, and 
released May 28, 2004. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center (Room CY-A257), 445 12th Street, 
SW., Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20054.
    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. The Audio Division granted Station KVMI 
a license to specify operation on Channel 280C3 in lieu of Channel 280A 
at Arthur, North Dakota on May 21, 2003. See BLH-20030303ACH. The FM 
Table of Allotment does not reflect this change.
    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.

0
Part 73 of title 47 of the Code of Federal Regulations is amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under North Dakota, is 
amended by removing Channel 280A and adding Channel 280C1 at Arthur; 
and by removing Channel 280C and adding Channel 277C at Hazelton.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-13993 Filed 6-21-04; 8:45 am]
BILLING CODE 6712-01-P