[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Proposed Rules]
[Page 17811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8769]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-739; MB Docket No. 09-46; RM-11524]


Television Broadcasting Services; Buffalo, NY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a channel substitution 
proposed by New York Television, Inc. (``New York TV''), the licensee 
of WYNO-DT, DTV channel 34, Buffalo, New York. New York TV requests the 
substitution of DTV channel 49 for post-transition DTV channel 34 at 
Buffalo.

DATES: Comments must be filed on or before May 4, 2009, and reply 
comments on or before May 12, 2009.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW., Washington, DC 20554. In addition to filing 
comments with the FCC, interested parties should serve counsel for 
petitioner as follows: Clifford Harrington, Esq., Pillsbury Winthrop 
Shaw Pittman LLP, 2300 N Street, NW., Washington, DC 20037-1128.

FOR FURTHER INFORMATION CONTACT: David J. Brown, [email protected], 
Media Bureau, (202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, MB Docket No. 09-46, adopted March 26, 
2009, and released April 2, 2009. The full text of this document is 
available for public inspection and copying during normal business 
hours in the FCC's Reference Information Center at Portals II, CY-A257, 
445 12th Street, SW., Washington, DC 20554. This document will also be 
available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be 
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This 
document may be purchased from the Commission's duplicating contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 1-800-478-3160 or via e-mail http://www.BCPIWEB.com. To request this document in accessible formats 
(computer diskettes, large print, audio recording, and Braille), send 
an e-mail to [email protected] or call the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY). 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).
    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 Rulemaking 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

    Television, Television 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.  73.622(i)  [Amended]

    2. Section 73.622(i), the Post-Transition Table of DTV Allotments 
under Buffalo, is amended by adding DTV channel 49 and removing DTV 
channel 34 at Buffalo.

Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media Bureau.
[FR Doc. E9-8769 Filed 4-16-09; 8:45 am]
BILLING CODE 6712-01-P