[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Proposed Rules]
[Pages 70777-70778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23185]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2965; MB Docket No. 05-295, RM-11280]


Radio Broadcast Services; Cumberland, KY; Glade Spring, Marion, 
and Weber City, VA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division seeks comment on a petition filed by JBL 
Broadcasting, Inc., proposing the upgrade to Channel 274C3 at 
Cumberland, Kentucky, the reallotment of Channel 274C3 from Cumberland 
to Weber City, Virginia, and the modification of Station WVEK-FM's 
license accordingly. To accommodate the reallotment, petitioner also 
proposed (1) the substitution of Channel 263A for vacant Channel 274A 
at Glade Spring, Virginia; and (2) the substitution of Channel 273A for 
Channel 263A at Marion, Virginia, and the modification of Station WOLD-
FM's license accordingly. Channel 274C3 can be reallotted to Weber City 
in compliance

[[Page 70778]]

with the Commission's minimum distance separation with a site 
restriction of 10.9 kilometers (6.8 miles) south at petitioner's 
requested site. The reference coordinates for Channel 274C3 at Weber 
City are 36-31-36 North Latitude and 82-35-13 West Longitude. See 
SUPPLEMENTARY INFORMATION, infra.

DATES: Comments must be filed on or before January 9, 2006, and reply 
comments on or before January 24, 2006.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve Counsel for Petitioner as follows: 
Dennis J. Kelly, Esq., Post Office Box 41177, Washington, DC 20018.

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making and Order to Show Cause, MB Docket No. 05-295, 
adopted November 14, 2005, and released November 16, 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).
    To accommodate the reallotment, Channel 263A can be substituted at 
Glade Spring with a site restriction of 14.0 kilometers (8.7 miles) 
east at petitioner's requested site; and Channel 273A can be 
substituted at Marion with a site restriction of 2.5 kilometers (1.6 
miles) north at petitioner's requested site. The reference coordinates 
for Channel 263A at Glade Spring are 36-47-50 North Latitude and 81-36-
52 West Longitude; and the reference coordinates for Channel 273A at 
Marion are 36-54-10 North Latitude and 81-32-27 West Longitude. In 
accordance with the provisions of Section 1.420(i) of the Commission's 
Rules, we shall propose to modify the authorization of Station WVEK-FM 
without entertaining competing expressions of interest in the use of 
Channel 274C3 at Weber City, Virginia, or requiring petitioner to 
demonstrate the availability of an additional equivalent channel for 
use by other parties.
    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 Kentucky, is 
amended by removing Cumberland, Channel 274A.
    3. Section 73.202(b), the Table of FM Allotments under Virginia, is 
amending by removing Channel 274A and adding Channel 263A at Glade 
Spring; and by removing Channel 263A and adding Channel 273A at Marion; 
and by adding Weber City, Channel 274C3.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-23185 Filed 11-22-05; 8:45 am]
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