[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50297-50298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19647]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 08-1711; MB Docket No. 08-150; RM-11390]


Radio Broadcasting Services; Asbury and Maquoketa, IA, and 
Mineral Point, WI

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division at the request of KM Radio of Independence, 
LLC, licensee of Station KQMG-FM, Independence, Iowa, proposes the 
allotment of Channel 238A at Mineral Point, Wisconsin, as its first 
local service, and the substitution of Channel *254A, reserved for 
noncommercial educational (NCE) use, for vacant Channel *238A, reserved 
for NCE use, at Asbury, Iowa to accommodate a hybrid community of 
license application, proposing the substitution of Channel 236A for 
Channel 237A at Independence, Iowa, the reallotment of Channel 236A to 
Solon, Iowa, and the associated modification of the license of Station 
KQMG-FM. See File No. BPH-20070119AEI. To facilitate the hybrid 
community of license application and the proposed Asbury channel 
substitution, the Commission issue an order to show cause to Maquoketa 
Broadcasting Company, licensee of Station KMAQ-FM, Channel 236A, 
Maquoketa, Iowa, as to why KMAQ-FM's channel should not be changed to 
Channel 237A at Maquoketa. See Supplementary Information.

DATES: Comments must be filed on or before September 22, 2008, and 
reply comments on or before October 7, 2008.

[[Page 50298]]


ADDRESSES: Secretary, 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: 
Jeffrey L. Timmons, Esq., Counsel to KM Radio of Independence, LLC, 
1400 Buford Highway, Suite G-5, Sugar Hill, Georgia 30518.

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 No. 08-150, adopted July 30, 
2008, and released August 1, 2008. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center at Portals II, CY-A257, 
445 Twelfth Street, SW., Washington, DC 20554. This document may also 
be purchased from the Commission's duplicating contractors, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, telephone 1-800-378-3160 or via e-mail 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).
    A staff engineering analysis confirms that Channel 238A can be 
allotted to Mineral Point consistent with the minimum distance 
separation requirements of the Commission's rules at city reference 
coordinates 42-51-36 NL and 90-10-47 WL. Additionally, a staff 
engineering analysis indicates that Channel *254A can be allotted to 
Asbury consistent with the minimum distance separation requirements of 
the Rules with a site restriction 3.7 kilometers (2.3 miles) southwest 
of the community located at reference coordinates 42-29-23 NL and 90-
46-56 WL. Moreover, Channel 237A can be allotted at Station KMAQ-FM's 
current licensed site at coordinates 42-05-26 NL and 90-37-43 WL.
    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, 336.


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Iowa, is 
amended by removing Channel *238A and by adding Channel *254A at 
Asbury.
    3. Section 73.202(b), the Table of FM Allotments under Wisconsin, 
is amended by adding Mineral Point, Channel 238A.

Federal Communications Commission.
Robert A. Haynes,
Senior Attorney.
 [FR Doc. E8-19647 Filed 8-25-08; 8:45 am]
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