[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Proposed Rules]
[Pages 7847-7848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3593]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-185; MB Docket No. 09-9; RM-11511]


Radio Broadcasting Services; Mineral and Nevada City, California

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division requests comment on a petition filed by 
Shamrock Communications, Inc., the permittee of a new FM station on 
Channel 297C, Alturus, California, proposing the deletion of vacant 
Channel 297A at Nevada City, California, and the allotment of Channel 
297A at Mineral, California. The reference coordinates for Channel 297A 
at Mineral are 40-16-11 NL and 121-31-46 WL. See SUPPLEMENTARY 
INFORMATION, infra.

DATES: Comments must be filed on or before March 30, 2009, and reply 
comments on or before April 14, 2009.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the petitioner, his counsel, or 
consultant, as follows: Patricia M. Chuh, Esq., Kenneth E. Satten, 
Esq., Wilkinson Barker Knauer, LLP, 2300 N Street, NW., Suite 700, 
Washington, DC 20037 (Counsel for Shamrock Communications, Inc.).

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 09-9, adopted February 2, 
2009, and released February 4, 2009. The full text of this Commission 
decision is available for inspection and copying during regular 
business hours at the FCC's Reference Information Center, Portals II, 
445 Twelfth Street, SW., Room CY-A257, 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, 20554, 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).
    The proposed channel changes are part of a hybrid application and 
rulemaking proceeding. In the application (File No. BMPH-20071108ACY), 
Shamrock Communications proposes the reallotment of Channel 297C from 
Alturus California, to Fernley, Nevada, and the associated modification 
of its construction permit for a new FM station at Alturus. See 72 FR 
71909 (December 19, 2007). The modification of the Alturus construction 
permit is contingent upon the deletion of the Nevada City Allotment.
    The Commission's policy is generally not to delete a vacant 
allotment in which interest has been expressed, absent a compelling 
reason to do so. Accordingly, the Notice of Proposed Rule Making 
solicits comment on whether to retain Channel 297A at Nevada City.
    The Notice of Proposed Rule Making also proposes to allot Channel 
297A at Mineral because it could provide a first local service to that 
community. Although Shamrock Communications expressed an interest in 
participating in the auction for Channel 297A at Mineral, it is 
requested to file the required construction permit application on FCC 
Form 301 for this allotment by the comment deadline. Finally, a staff 
engineering analysis reveals a terrain obstruction of 130 meters in 
height between Shamrock's specified site and the community of Mineral 
that would require a tall tower of at least 210 meters to overcome the 
obstruction and provide 70 dBu coverage to all of Mineral. Shamrock is

[[Page 7848]]

requested to provide documentation regarding its willingness to 
construct such a tower or to specify a different site that would 
overcome or obviate the obstruction.
    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, 336.


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under California, 
is amended by removing Nevada City, Channel 297A, and by adding 
Mineral, Channel 297A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E9-3593 Filed 2-19-09; 8:45 am]
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