[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Rules and Regulations]
[Page 32466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16044]



[[Page 32466]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-1357, MB Docket No. 07-279; RM-11411; RM-11422; RM-11423].


FM Table of Allotments, Buffalo, Iola, Madisonville, and 
Normangee, Texas.

AGENCY: Federal Communications Commision.

ACTION: Final rule.

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SUMMARY: The staff grants a counterproposal filed by Roy E. Henderson 
to allot Channel 299A to Buffalo, Texas, as a second local service. The 
staff also dismisses a rulemaking petition filed by Charles Crawford to 
allot Channel 299A at Iola, Texas, and denies a counterproposal filed 
by Katherine Pyeatt to allot Channel 267A at Normangee, Texas. The 
reference coordinates for Channel 299A at Buffalo, Texas, are 31-28-44 
NL and 96-10-02 WL.

DATES: Effective August 10, 2009.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MB Docket No. 07-279, DA 09-1357, adopted June 17, 2009, and 
released June 19, 2009. The full text of this Commission document 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. 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 website, <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 
Commission will send a copy of the Report and Order in this proceeding 
in a report to be sent to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).
    The Notice of Proposed Rule Making in this proceeding proposed the 
allotment of Channel 299A at Iola, Texas. See 73 FR 1576 (January 9, 
2008). The Report and Order dismisses this rulemaking proposal because 
Crawford did not file a continuing expression of interest in the 
proposed allotment as required in the Notice of Proposed Rule Making. 
The Report and Order also denies Pyeatt's counterproposal on technical 
grounds because it is no longer capable of being implemented. 
Specifically, the allotment of Channel 267A at Normangee requires that 
Pyeatt's Station KKLB(FM), Madisonville, Texas, be modified from 
Channel 267A to Channel 299C3. However, this modification of the 
Station KKLB(FM) construction permit to a higher class, non-adjacent 
channel cannot be made consistent with the requirements of Section 
1.420(g) of the Commission's rules because a competing expression of 
interest in Channel 299C3 at Madisonville, Texas, was filed, and there 
is no other equivalent class channel available at Madisonville to 
accommodate this additional expression of interest. Henderson's 
counterproposal was the sole remaining proposal and was granted because 
it would provide a second aural transmission service, as well as a 
first commercial service, to Buffalo.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

0
As stated in the preamble, the Federal Communications Commission amends 
47 CFR part 73 as follows:

PART 73--RADIO BRAODCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


73.202  [Amended]

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2. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Buffalo, Channel 299A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief.
[FR Doc. E9-16044 Filed 7-7-09; 8:45 am]
BILLING CODE 6712-01-S