[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Proposed Rules]
[Pages 17043-17044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6556]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-708; MB Docket No. 05-108, RM-11178]


Radio Broadcasting Services; Andover and Haverhill, MA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document sets forth a proposal to amend the FM Table of 
Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 
73.202(b). The Audio Division requests comment on a petition filed by 
Beanpot Broadcasting Corp. pursuant to Section 1.420(i) of the 
Commission's rules, 47 CFR 1.420(i). Petitioner proposes to change the 
community of license for Station WXRV(FM) from Haverhill to Andover, 
Massachusetts, and to change the FM Table of Allotments by deleting 
Channel 223B at Haverhill, Massachusetts, and by adding Channel 223B at 
Andover, Massachusetts, as the community's first local aural broadcast 
service. The proposed coordinates for Channel 223B at Andover, 
Massachusetts, are 42-46-23 NL and 71-06-01 WL. The allotment will 
require a site restriction of 13.1 km (8.1 miles) north of Andover. 
Because the petitioner does not propose to change its transmitter site, 
there would be neither gain nor loss in the land area or number of 
persons served. Both Andover and

[[Page 17044]]

Haverhill are located within the Boston Urbanized Area. The proposed 
change of community requires concurrence in the allotment by the 
Government of Canada.

DATES: Comments must be filed on or before May 9, 2005, and reply 
comments on or before May 24, 2005.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve counsel for the petitioner as follows: Barry A. Friedman, Esq., 
Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau (202) 
418-7072.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 05-108; adopted March 16, 
2005, and released March 18, 2005. The full text of this Commission 
document 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., 445 12th Street, SW., Room CY-B402, Washington, DC, 
20554, (800) 378-3160, or via the company's Web site, http://www.bcpiweb.com. This document does not contain proposed information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13. In addition, therefore, it does not contain any 
proposed information collection burden ``for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).
    The 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 
Massachusetts, is amended by removing Haverhill, Channel 223B and by 
adding Andover, Channel 223B.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-6556 Filed 4-1-05; 8:45 am]
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