[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Page 60631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24323]



[[Page 60631]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[FCC 08-222; MM Docket No. 01-33; RM-10060]


Radio Broadcasting Services; Caro and Cass City, MI

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of application for review.

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SUMMARY: The Commission denied an application for review filed by 
Edward Czelada of a Report and Order in this proceeding. The Report and 
Order upgraded the class of Station WIDL from Channel 221A to 221C3, 
reallotted Channel 221C3 from Caro to Cass City, Michigan, and denied 
Czelada's counterproposal to allot Channel 218C3 at Ubly, Michigan and 
Channel 297C3 at Cass City, Michigan. The Commission determined that 
the counterproposal was defective because it requested a channel 
allotment in the noncommercial educational reserved band, which is 
prohibited under the Commission's rules. See SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MM Docket No. 01-33, adopted September 
24, 2008, and released September 26, 2008. The Commission denied an 
application for review filed by Edward Czelada of a Report and Order in 
this proceeding. See 66 FR 29237 (May 30, 2001). The Commission also 
denied review of Czelada's argument that the staff failed to consider 
the preclusionary effect of the Channel 221 upgrade at Cass City on 
existing and potential NCE FM service as untimely raised. But even if 
it were to consider the argument, it was without merit. The 
preclusionary effect analysis occurs only when the 60 dBu contour of 
the Channel 221 upgrade proposal overlaps the Grade B contour of a 
television channel 6 station. No such overlap would occur in this case. 
The full text of this Commission decision is available for inspection 
and copying during normal business hours in the FCC Reference 
Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC 
20554. The complete text of this decision may also be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc., Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
1-800-378-3160 or www.BCPIWEB.com.
    This document is not subject to the Congressional Review Act. (The 
Commission, is, therefore, not required to submit a copy of this 
Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the application for 
review was denied.)

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-24323 Filed 10-10-08; 8:45 am]
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