[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Proposed Rules]
[Page 59295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20212]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2500; MB Docket No. 05-269; RM-11267]


Radio Broadcasting Services; Allegan, Mattawan and Otsego, MI

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division seeks comment on a petition filed by Forum 
Communications, Inc., licensee of FM Station WZUU, proposing the 
substitution of Channel 223A for Channel 222A at Allegan, reallotment 
of Channel 223A from Allegan to Mattawan, Michigan, as its first local 
service and modification of the FM Station WZUU license accordingly. To 
prevent removal of Allegan's sole local service, Petitioner also 
requests the reallotment of co-owned Station WQXC-FM, Channel 265A from 
Otsego to Allegan, Michigan and modification of the Station WQXC-FM 
license accordingly. A staff engineering analysis has determined that 
Channel 223A can be allotted to Mattawan in conformity with the 
Commission's rules, provided there is a site restriction of 10.6 
kilometers (6.6 miles) southeast at reference coordinates 42-07-45 NL 
and 85-43-13 WL. Additionally, Channel 265A can be allotted to Allegan 
in compliance with the Commission's rules, at the Station WQXC(FM) 
existing transmitter site at coordinates 42-30-31 NL and 85-46-08 WL. 
Canadian concurrence has been requested because the proposed 
reallotments are both located within 320 kilometers (199 miles) of the 
U.S.-Canadian border. In accordance with the provisions of Section 
1.420(i) of the Commission's rules, we shall not accept competing 
expressions of interest pertaining to the use of Channel 223A at 
Mattawan or Channel 265A at Allegan.

DATES: Comments must be filed on or before November 17, 2005, and reply 
comments on or before December 2, 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, as follows: Matthew H. 
McCormick, Esq., Counsel for Forum Communications, Inc., Reddy, Begley 
& McCormick, LLP, 1156 15th Street, NW., Suite 610, Washington, DC 
20005-1770.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, MB Docket No. 05-269, adopted September 23, 
2005, and released September 26, 2005. 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 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).
    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 Michigan, is 
amended by removing Channel 222A and by adding Channel 265A at Allegan, 
by adding Mattawan, Channel 223A, and by removing Otsego, Channel 265A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-20212 Filed 10-11-05; 8:45 am]
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