[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Proposed Rules]
[Pages 75630-75631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29499]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 08-2569; MB Docket No. 08-226; RM-11494].


Radio Broadcasting Services; Mount Enterprise, TX

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document sets forth a proposal to amend the FM Table of 
Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 
73.202(b). The Commission requests comment on a petition filed by JER 
Licenses, LLC. Petitioner proposes the substitution of FM Channel 279A 
for vacant Channel 231A at Mount Enterprise, Texas. The purpose of the 
requested channel substitution at Mount Enterprise is to accommodate 
Petitioner's proposed change of community for Channel 232C3 from 
Grapeland, Texas, to Bullard, Texas. Channel 279A can be allotted at 
Mount Enterprise in compliance with the Commission's minimum distance 
separation requirements with a site restriction of 5.9 km (3.7 miles) 
north of Mount Enterprise. The proposed coordinates for Channel 279A at 
Mount Enterprise are 31-58-15 North Latitude and 94-41-01 West 
Longitude. See Supplementary Information infra.

DATES: Comments must be filed on or before January 21, 2009, and reply 
comments on or before February 5, 2009.

ADDRESSES: Secretary, Federal Communications Commission, Washington, DC 
20554. In addition to filing comments with the FCC, interested parties 
should serve petitioner's counsel as follows: A. Wray Fitch, III, Esq., 
Gammon & Grange, P.C., 8280 Greensboro Drive, 7th Floor, McLean, 
Virginia 22102-3807.

FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau (202) 
418-7072.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 08-226, adopted November 
26, 2008, and released November 28, 2008. 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., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, (800) 378-3160, or via the company's Web 
site, 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).
    The Provisions of the Regulatory Flexibility Act of 1980 do not 
apply to

[[Page 75631]]

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 Texas, is 
amended by removing Channel 231A and by adding Channel 279A at Mount 
Enterprise.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E8-29499 Filed 12-11-08; 8:45 am]
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