[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Proposed Rules]
[Pages 57281-57282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26602]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-2234; MB Docket No. 09-187; RM-11576]


Radio Broadcasting Services, Buffalo and Centerville, TX

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division seeks comment on a petition filed by 
Katherine Pyeatt, the permittee of Station KKLB(FM), Channel 267A, 
Madisonville, Texas, proposing the substitution FM Channel 278A for 
vacant Channel 299A at Buffalo, Texas, and the substitution of Channel 
267A for vacant Channel 278A at Centerville, Texas. The reference 
coordinates for Channel 278A at Buffalo are 31-21-09 NL and 95-59-47 
WL. The reference coordinates for Channel 267A at Centerville are 31-
14-17 NL and 96-05-34 WL.

DATES: Comments must be filed on or before December 7, 2009, and reply 
comments on or before December 22, 2009.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, 
Washington, DC 20554. In addition to filing comments with the FCC 
interested parties should serve the petitioner, as follows: Katherine 
Pyeatt, 2215 Cedar Springs Rd., 1605, Dallas, Texas 75201.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, MB Docket No. 09-187, adopted October 14, 
2009, and released October 16, 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 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, 1- 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 proposed channel changes are part of a hybrid application and 
rulemaking proceeding. In the application (File No. BMPH-20090831ADM), 
Pyeatt proposes the substitution of Channel 299A for Channel 267A at 
Madisonville, Texas, and the modification of the construction permit 
for Station KKLB(FM) to specify operation on Channel 299A.
    Currently, Channel 278A is not listed in the FM Table of Allotments 
under Centerville, Texas, but is a vacant FM allotment at that 
community. Channel 278A was allotted at Centerville in MM Docket No. 
99-257. See 64 FR 59124, published November 2, 1999. A construction 
permit for Channel 278A at Centerville was issued to Station KKEV(FM). 
See File No. BNPH-20060310AA1. As a result of the issuance of the 
construction permit, Channel 278A at Centerville was removed from the 
FM Table of Allotments in MB Docket 05-210. See 71 FR 76208, published 
December 20, 2006. However, the Station KKEV(FM) construction permit 
was cancelled on May 24, 2009, making the Channel 278A allotment 
vacant. As stated above, we are proposing to substitute Channel 267A 
for vacant Channel 278A at Centerville to accommodate the Station 
KKLB(FM) hybrid application.
    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:


[[Page 57282]]


    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 299A and adding Channel 278A at Buffalo and 
adding Channel 267A at Centerville.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E9-26602 Filed 11-4-09; 8:45 am]
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