[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Proposed Rules]
[Pages 60344-60346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22752]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-3056; MB Docket No. 04-375, RM-11038; MB Docket No. 04-376, RM-
11039; MB Docket No. 04-377, RM-11077; MB Docket No. 04-378; RM-11079; 
MB Docket No. 04-379, RM 11086]


Radio Broadcasting Services; Dover, Ohio, Eatonton, GA, Haven, 
KS, Hillsborough, NC, Hutchinson, KS; Lake Charles, LA, Lexington, GA, 
Louisburg, NC, North Canton; OH and West Orange, TX

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The document proposes five change of community reallotments 
for Louisburg and Hillsborough, North Carolina; Hutchinson and Haven, 
Kansas; Dover and North Canton, Ohio; Lake Charles, Louisiana and West 
Orange, Texas; and Eatonton and Lexington, Georgia. See SUPPLEMENTARY 
INFORMATION, infra.

DATES: Comments must be filed on or before November 18, 2004, reply 
comments on or before December 3, 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: David 
Kushner, Esq. Brooks Pierce, McClendon, Humphrey & Leonard, L.L.P., 
First Union Capitol Center, Suite 1600, 150 Fayetteville Street Mall, 
Raleigh, North Carolina 27602 (Counsel for New Century Media Group, 
LLC); Joseph P. Benkert, Esq., P.C. P.O. Box 620308, Littleton, 
Colorado 80162-0308 (Counsel for Ad Astra per Aspera Broadcasting, 
Inc.); Mark N. Lipp, Esq., Vinson & Elkins, L.L.P., 1455 Pennsylvania 
Ave., NW., Suite 600, Washington, DC 20004-1008 (Counsel for Clear 
Channel Broadcasting Licenses, Inc. and Apex Broadcasting, Inc.); and 
Lauren A. Colby, Esq., 10 E. Fourth Street, P.O. Box 113, Frederick, 
Maryland 21705-0113 (Counsel for Middleton Georgia Communications, 
Inc.).

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 04-375, MB Docket No. 04-
376, MB Docket No. 04-377, MB Docket No. 04-378 and MB Docket No. 04-
379,

[[Page 60345]]

adopted September 23, 2004, and released September 27, 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. This 
document 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, telephone 1-800-378-3160 or http://www.BCPIWEB.com.
    The Audio Division requests comments on a petition filed by New 
Century Media Group, LLC, proposing the reallotment of Channel 273A 
from Louisburg to Hillsborough, North Carolina, and the modification of 
Station WHLQ(FM)'s license accordingly. Channel 273A can be reallotted 
to Hillsborough in compliance with the Commission's minimum distance 
separation requirements with a site restriction of 9.51 kilometers 
(5.91 mile) northeast to avoid short-spacings to the licensed sites of 
Station WJMH(FM), Channel 271C, Reidsville, North Carolina, and Station 
WIOZ-FM, Channel 273A, Southern Pines, North Carolina. The reference 
coordinates for Channel 273A at Hillsborough are 36-06-49 NL and 79-00-
20 WL. In accordance with the provisions of Section 1.420(i) of the 
Commission's Rules, we will not accept competing expressions of 
interest for the use of Channel 273A at Hillsborough, North Carolina, 
or require petitioner to demonstrate the existence of an equivalent 
class channel for the use of other interested parties.
    The Audio Division requests comments on a petition filed by Ad 
Astra per Aspera Broadcasting, Inc., proposing the reallotment of 
Channel 246C2 from Hutchinson to Haven, Kansas, and the modification of 
Station KSKU(FM)'s construction permit accordingly. Channel 246C2 can 
be reallotted to Haven in compliance with the Commission's minimum 
distance separation requirements with a site restriction of 24.9 
kilometers (15.5 miles) southeast to avoid a short-spacing the proposed 
site for Channel 247C3, Howard, Kansas. The reference coordinates for 
Channel 246C2 at Haven are 37-47-47 NL and 97-31-59 WL. In accordance 
with the provisions of Section 1.420(i) of the Commission's Rules, we 
will not accept competing expressions of interest for the use of 
Channel 246C2 at Haven, Kansas, or require petitioner to demonstrate 
the existence of an equivalent class channel for the use of other 
interested parties. In addition, Station KSKU-FM was granted a 
construction permit to specify operation on Channel 246C2 in lieu of 
Channel 246C3 at Hutchinson. See BPH-20000424ABH. This change is not 
reflected in the FM Table of Allotments.
    The Audio Division requests comments on a petition filed by Clear 
Channel Broadcasting Licenses, Inc., proposing the reallotment of 
Channel 269A from Dover to North Canton, Ohio, and the modification of 
Station WJER-FM's license accordingly. Channel 269A can be reallotted 
to North Canton in compliance with the Commission's minimum distance 
separation requirements with a site restriction of 7.5 kilometers (4.7 
miles) south to avoid short-spacings to the licensed sites of Station 
WHOT-FM, Channel 266B, Youngstown, Ohio, and Station WDOK(FM), Channel 
271B, Cleveland, Ohio. The reference coordinates for Channel 269A at 
North Canton are 40-48-30 NL and 81-23-31 WL. Since North Canton is 
located within 320 kilometers (200 miles) of the U.S.-Canadian border, 
concurrence of the Canadian government has been requested. In 
accordance with the provisions of Section 1.420(i) of the Commission's 
Rules, we will not accept competing expressions of interest for the use 
of Channel 269A at North Canton, Ohio, or require petitioner to 
demonstrate the existence of an equivalent class channel for the use of 
other interested parties.
    The Audio Division requests comments on a petition filed by Apex 
Broadcasting, Inc., LLC, proposing the reallotment of Channel 258C0 
from Lake Charles, Louisiana to West Orange, Texas, and the 
modification of Station KBXG(FM)'s construction permit accordingly. 
Channel 258C0 can be reallotted to West Orange in compliance with the 
Commission's minimum distance separation requirements with a site 
restriction of 15.4 kilometers (9.5 miles) east to avoid a short-
spacing to the licensed site of Station KSHN(FM), Channel 260C2, 
Liberty, Texas. The reference coordinates for Channel 258C0 at West 
Orange are 30-07-21 NL and 93-36-21 WL. In accordance with the 
provisions of Section 1.420(i) of the Commission's Rules, we will not 
accept competing expressions of interest for the use of Channel 258C0 
at West Orange, Texas, or require petitioner to demonstrate the 
existence of an equivalent class channel for the use of other 
interested parties.
    The Audio Division requests comments on a petition filed by Middle 
Georgia Communications, Inc., proposing the substitution of Channel 
249C2 for Channel 249C3 at Eatonton, the reallotment of Channel 249C2 
from Eatonton to Lexington, Georgia, and the modification of Station 
WMGZ(FM)'s license accordingly. Channel 249C2 can be reallotted to 
Lexington in compliance with the Commission's minimum distance 
separation requirements with a site restriction of 30.5 kilometers 
(19.0 miles) southeast to avoid short-spacings to the licensed sites of 
Station WFOX(FM), Channel 246C, Gainesville, Georgia and Station 
WHZT(FM), Channel 251C, Seneca, South Carolina The reference 
coordinates for Channel 249C2 at Lexington are 33-45-03 NL and 82-48-53 
WL. In accordance with the provisions of Section 1.420(i) of the 
Commission's Rules, we will not accept competing expressions of 
interest for the use of Channel 249C2 at Lexington, Georgia, or require 
petitioner to demonstrate the existence of an equivalent class channel 
for the use of other interested parties.
    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 Georgia, is 
amended by removing Channel 249C3 at Eatonton; and by adding Lexington, 
Channel 249C2.
    3. Section 73.202(b), the Table of FM Allotments under Kansas, is 
amended by removing Channel 246C3 at Hutchinson; and by adding Haven, 
Channel 246C2.
    4. Section 73.202(b), the Table of FM Allotments under Louisiana, 
is amended by removing 258C0 at Lake Charles.

[[Page 60346]]

    5. Section 73.202(b), the Table of FM Allotments under Ohio, is 
amended by removing Channel 269A at Dover; and by adding North Canton, 
Channel 269A.
    6. Section 73.202(b), the Table of FM Allotments under North 
Carolina, is amended by removing Channel 273A at Louisburg; and by 
adding Hillsborough, Channel 273A.
    7. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding West Orange, Channel 258C0.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-22752 Filed 10-7-04; 8:45 am]
BILLING CODE 6712-01-P