[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Proposed Rules]
[Page 19405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7347]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-768; MB Docket No. 05-153, RM-11223; MB Docket No. 05-154, RM-
11224]


Radio Broadcasting Services; Steamboat Springs, CO; and Refugio 
and Victoria, TX

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division requests comment on two petitions proposing 
new allotments at Steamboat Springs, Colorado and Victoria, Texas. Dana 
J. Puopolo filed a petition proposing the allotment of Channel 289A at 
Steamboat Springs, Colorado, as its third FM commercial broadcast 
service. Channel 289A can be allotted to Steamboat Springs in 
compliance with the Commission's minimum distance separation 
requirements with a site restriction of 6.1 kilometers (3.8 miles) west 
to avoid a short-spacing to the application site of FM Station KJAC, 
Channel 288C1, Timnath, Colorado. The reference coordinates for Channel 
289A at Steamboat Springs are 40-30-00 NL and 106-54-00 WL. The Audio 
Division requests comments on a petition filed by Katherine Pyeatt 
proposing the allotment of Channel 290A at Victoria, Texas, as the 
community's sixth FM commercial broadcast service. Channel 290A can be 
allotted to Victoria in compliance with the Commission's minimum 
distance separation requirements with a site restriction of 8.1 
kilometers (5.0 miles) north to avoid a short-spacing to the license 
site of FM Station KVIC, Channel 236C3, Victoria, Texas. See BLH-
2000501ACB. The reference coordinates for Channel 290A at Victoria are 
28-52-40 NL and 96-59-54 WL. See Supplementary Information, supra.

DATES: Comments must be filed on or before May 12, 2005, and reply 
comments on or before May 27, 2005

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the petitioner, his counsel, or 
consultant, as follows: Dana J. Puopolo, 2134 Oak Street, Unit C, Santa 
Monica, CA 90405 and Katherine Pyeatt, 6655 Aintree Circle, Dallas, 
Texas 75214.

FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket Nos. 05-153, 05-154, adopted 
March 23, 2005 and released March 25, 2005. The full text of this 
Commission decision is available for inspection and copying during 
regular business hours at the FCC's Reference Information Center, 
Portals II, 445 Twelfth Street, SW., Room CY-A257, 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 1-
800-378-3160 or 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).
    To accommodate the proposed Victoria allotment it is necessary to 
relocate the reference coordinates for vacant Channel 291A at Refugio, 
Texas. The proposed new site for Channel 291A at Refugio, 28-20-00 NL 
and 97-23-45 WL, is in compliance with the Commission's spacing 
requirements. This site is 12.3 kilometers (7.6 miles) west of the 
community, whereas the original site for Channel 291A at Refugio is 8.1 
kilometers (5.0 miles) northwest of the community. The existing 
coordinates for the vacant Channel 291A at Refugio are 28-21-58 NL and 
97-19-11 WL. Petitioner is required to provide the public interest 
benefits that could be derived from the site change of the vacant 
allotment at Refugio. We further seek any additional comments with 
regards to this proposal. Both allotments are located within 320 
kilometers (199 miles) of the U.S.-Mexican border, Mexican concurrence 
has been requested for these allotments.
    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 contact.
    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 Colorado, is 
amended by adding Channel 289A at Steamboat Springs.
    3. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Channel 290A at Victoria.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-7347 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P