[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Proposed Rules]
[Pages 59294-59295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20444]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2495; MB Docket No. 05-270; RM-11268; RM-11272]


Radio Broadcasting Services; Aguila, Apache Junction, Buckeye, 
Glendale, Peoria, Wenden, and Wickenburg, AZ

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on a petition for rule making 
filed by Entravision Holdings, L.L.C. (``Petitioner''), licensee of 
Stations KVVA-FM, Apache Junction, Arizona; KDVA(FM), Buckeye, Arizona, 
and KLNZ(FM), Glendale, Arizona. Petitioner requests that the 
Commission upgrade Channel 296C3, Station KVVA-FM, to Channel 296C1 and 
reallot Channel 296C1 from Apache Junction to Peoria, Arizona, as 
Peoria's first local aural transmission service; substitute Channel 
229C3 for vacant Channel 297C3 at Aguila, Arizona; upgrade Channel 
295A, Station KDVA(FM), to Channel 295C3, and reallot Channel 295C3 to 
Wenden, Arizona, as Wenden's first local aural transmission service; 
and reallot Channel 278C, Station KLNZ(FM), from Glendale to Buckeye, 
Arizona. In addition, since Black Entrepreneur Association, Inc. 
(``BEA'') has filed a rulemaking petition to allot Channel 229C3 at 
Wickenburg, Arizona, that is mutually exclusive with Petitioner's 
proposal to substitute Channel 229C3 for Channel 297C3 at Aguila, the 
Commission shall compare BEA's proposal with Petitioner's entire 
proposal to determine which proposal should be granted.
    The coordinates for proposed Channel 296C1 at Peoria, Arizona, are 
33-35-47 NL and 112-05-31 WL, with a site restriction of 13.5 
kilometers (8.4 miles) east of Peoria. The coordinates for proposed 
Channel 229C3 at Aguila, Arizona, are 33-56-34 NL and 113-10-24 WL. The 
coordinates for proposed Channel 295C3 at Wenden, Arizona, are 33-49-06 
NL and 113-37-46 WL, with a site restriction of 8.2 kilometers (5.1 
miles) west of Wenden. The proposed Channel 278C at Buckeye, Arizona, 
are 33-35-33 NL and 112-34-49 WL, with a site restriction of 24.7 
kilometers (15.3 miles) north of Buckeye. Lastly, if BEA's proposal for 
Channel 229C3 at Wickenburg, Arizona is preferred over Petitioner's 
rulemaking proposal, Channel 229C3 can be allotted to Wickenburg at 
coordinates of 33-53-49 NL and 112-54-45 WL, with a site restriction of 
18.7 kilometers (11.6 miles) southwest of Wickenburg, Arizona.

DATES: Comments must be filed on or before November 17, 2005, and reply 
comments on or before December 2, 2005.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing 
comments with the FCC, interested parties should serve Petitioner's 
counsel, as follows: Barry A. Friedman, Esq., Thompson Hine L.L.P.; 
1920 N Street, NW., Suite 800; Washington, DC 20036; and Mark N. Lipp, 
Esq. and Scott Woodworth, Esq., Vinson & Elkins, L.L.P.; 1455 
Pennsylvania, NW., Suite 600; Washington, DC 20004. Further, a copy of 
such comments should be served on counsel for Black Entrepreneur 
Association, Inc., as follows: Ernest T. Sanchez, Esq., The Sanchez Law 
Firm; 2300 M Street, NW., Suite 800; Washington, DC 20037.

FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 05-270, adopted September 
23, 2005 and released September 26, 2005. The full text of this 
Commission decision is available for inspection and copying during 
regular business hours in the FCC's Reference Information Center at 
Portals II, 445 12th Street, SW., CY-A257, Washington, DC 20554. This 
document may also be purchased from the Commission's duplicating 
contractors, Best Copy and Printing, Inc., Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or 
http://www.BCPIWEB.com.
    The Federal Communications Commission granted a license for Station 
KVVA-FM, Apache Junction, Arizona, specifying operation on Channel 
296C3, on May 8, 1997. See File No. BLH-19961025KB. Station KVVA-FM is 
still operating on Channel 296C3. Nevertheless, 47 CFR 73.202, The FM 
Table of Allotments, erroneously lists Channel 296C2 as being allotted 
to Apache Junction, Arizona.
    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 contracts.
    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act 0f 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).
    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 Arizona, is 
amended

[[Page 59295]]

by removing Channel 297C3 and adding Channel 229C3 at Aguila; removing 
Apache Junction, Channel 296C2; removing Channel 295A and adding 
Channel 278C at Buckeye; removing Channel 278C at Glendale; adding 
Peoria, Channel 296C1; adding Wenden, Channel 295C3; or adding Channel 
229C3 at Wickenburg.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-20444 Filed 10-11-05; 8:45 am]
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