[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Page 71386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27041]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-3514, MB Docket No. 02-376, RM-10617]


Radio Broadcasting Services; Sells, AZ

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document grants a petition filed by Rural Pima 
Broadcasting proposing the allotment of Channel 285 at Sells, Arizona, 
as its first local aural broadcast service. See 67 FR 78401, published 
December 24, 2002. This document also denies a counterproposal filed by 
Lakeshore Media, LLC proposing to substitute Channel 285C3 for Channel 
285C2 at Willcox, and reallot Channel 285C3 from Willcox to Davis-
Monthan Air Force Base, Arizona (``Davis-Monthan AFB''), as a first 
local aural transmission service. Lakeshore's counterproposal also 
included the allotment of Channels 283C2 and 245C2 at Willcox to 
provide service to unserved and underserved areas created by the 
reallotment of Channel 285C3 from Willcox to Davis-Monthan AFB. Channel 
285A can be allotted at Sells at a site 9.3 kilometers (5.8 miles) 
south of the community at coordinates 31-49-44 NL and 111-53-28 WL. 
This site has received concurrence from the government of Mexico as a 
specially negotiated restricted allotment limited to 1.1 kW ERP and 100 
m HAAT or the equivalent along the 123.2 degree azimuth toward Station 
XHNI(FM) Channel 286B, Nogales, Sonora, Mexico. See Supplementary 
Information.

DATES: Effective January 6, 2005.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MB Docket No. 02-376, adopted November 17, 2004, and 
released November 22, 2004. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the Commission's Reference Center, 445 Twelfth Street, SW., Washington, 
DC 20554. The complete text of this decision may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
445 12th Street, SW., Room CY-B402, Washington, DC 20054, telephone 
800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy 
of this Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).
    Lakeshore's counterproposal is denied. Its proposal to allot 
Channels 282C2 and 245C2 at Willcox to avoid unserved and underserved 
areas as ``backfill'' allotments is precluded by the Commission's 
decision in Pacific Broadcasting of Missouri, LLC, 18 FCC Rcd 2291 
(2003); recon. den. 19 FCC Rcd 10,950 (2004). Without the backfill 
allotments, the Lakeshore counterproposal would leave behind vast 
unserved and underserved areas, i.e., white and gray area. The loss 
area resulting from Lakeshore's proposed substitution of Channel 285C3 
for Channel 285C3 at Willcox and the reallotment of Channel 285C3 from 
Willcox to Davis-Monthan AFB would contain 8,560.3 square kilometers 
with a population of 13,842. An area of 2,142 square kilometers with a 
population of 2,846 would be left with no aural reception service, and 
an area of 1,068 square kilometers with a population of 1,022 would be 
left with one aural reception service.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

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 and 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Arizona, is 
amended by adding Sells, Channel 285A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-27041 Filed 12-8-04; 8:45 am]
BILLING CODE 6712-01-P