[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Proposed Rules]
[Pages 51414-51415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19025]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-2501; MB Docket No. 04-319, RM-10984]


Radio Broadcasting Services; Clinchco, VA and Coal Run, KY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division requests comments on a petition filed by 
East Kentucky Broadcasting Corp. proposing the substitution of Channel 
221C3 for Channel 276A at Coal Run, Kentucky, and the modification of 
Station WPKE-FM's license accordingly. To accommodate the upgrade, 
petitioner also proposes the substitution Channel 276A for Channel 221A 
at Clinchco, Virginia, and the modification of Station WDIC-FM's 
license accordingly. Channel 221C3 can be substituted at Coal Run in 
compliance with the Commission's minimum distance separation 
requirements with a site restriction of 19.2 kilometers (11.9 miles) 
southeast to avoid a short-spacing to the licensed site for Station 
WZAQ(FM), Channel 222A, Louisa, Kentucky. The coordinates for Channel 
221C3 at Coal Run are 37-23-57 NL and 82-23-42 WL. Additionally, 
Channel 276A can be substituted at Clinchco at Station WDIC-FM's 
presently licensed site. The coordinates for Channel 276A at Clinchco 
are 37-08-42 NL and 82-23-22 WL As an ``incompatible channel swap,'' in 
accordance with the provisions of Section 1.420(g)(3) of the 
Commission's Rules, we will not accept competing expressions of 
interest for the use of Channel 221C3 at Coal Run, Kentucky, or require 
petitioner to demonstrate the existence of an equivalent class channel 
for the use of other interested parties.

DATES: Comments must be filed on or before October 4, 2004, reply 
comments on or before October 19, 2004.

ADDRESSES: 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: Howard 
J. Barr, Esq., Womble, Carlyle, Sandridge Rice, PLLC, 1401 Eye Street, 
NW., Suite 700, Washington, DC 20005 (Counsel for Petitioner).

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

[[Page 51415]]


SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 04-319, adopted August 
10, 2004, and released August 12, 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, 
Best Copy and Printing, Inc., 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. 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 Kentucky, is 
amended by adding Channel 221C3 and by removing Channel 276A at Coal 
Run.
    3. Section 73.202(b), the Table of FM Allotments under Virginia, is 
amended by adding Channel 276A and by removing Channel 221A at 
Clinchco.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-19025 Filed 8-18-04; 8:45 am]
BILLING CODE 6712-01-P