[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Rules and Regulations]
[Page 44279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18636]



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FEDERAL COMMUNICATIONS COMMISSION



47 CFR Part 73



[MB Docket No. 04-319; RM-10984; DA 11-1072]




Radio Broadcasting Services; Clinchco, VA, and Coal Run, KY



AGENCY: Federal Communications Commission.



ACTION: Final rule; petition for reconsideration, granted.



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SUMMARY: The staff reinstates and grants a rulemaking petition filed by 

East Kentucky Broadcasting Corporation (``East Kentucky''), upgrading 

its Station WPKE-FM, Coal Run Kentucky, from Channel 276A to Channel 

221C3.



DATES: Effective August 1, 2011.



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

418-2180.



SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 

Memorandum Opinion and Order, MB Docket No. 04-319, adopted June 16, 

2011, and released June 17, 2011. 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 duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room 

CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or http://www.BCPIWEB.com.

    The Report and Order denied East Kentucky's rulemaking petition 

because it proposed an effective radiated power (``ERP'') below the 

minimum required for Class C3 FM stations under Sec.  73.211 of the 

Commission's rules. See 72 FR 16315 (April 4, 2007). The staff reversed 

the Report and Order, explaining that a station may have a height above 

average terrain (``HAAT'') greater than the class reference provided 

that it reduces its ERP such that the distance to its 60 dBu contour 

exceeds the reference distance for the next lower class and does not 

exceed the reference distance for its class. Because East Kentucky's 

proposal met these requirements, the staff reinstated and granted the 

rulemaking petition. The document also rejected an argument that the 

proposal was not technically feasible due to a terrain obstruction.

    To accommodate East Kentucky's upgrade, the staff involuntarily 

modified the license of Station WDIC-FM, Clinchco, Virginia, from 

Channel 221A to Channel 276A. The reference coordinates for Channel 

221C3 at Coal Run, Kentucky, are 37-23-57 NL and 82-23-42 WL, and for 

Channel 276A at Clinchco, Virginia, are 37-08-42 NL and 82-23-22 WL.

    East Kentucky's proposal was formerly a rule change to Sec.  

73.202(b), the FM Table of Allotments. See 69 FR 51414 (August 19, 

2004). As a result of changes to the Commission's processing rules, 

modifications of FM channels for existing stations are no longer listed 

in Sec.  73.202(b) and are instead reflected in the Media Bureau's 

Consolidated Data Base System. See Revision of Procedures Governing 

Amendments to FM Table of Allotments and Changes of Community of 

License in the Radio Broadcast Services, Report and Order, 71 FR 76208 

(December 20, 2006).

    This document is not subject to the Congressional Review Act. (The 

Commission is, therefore, not required to submit a copy of this Report 

and Order to GAO, pursuant to the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A) because no changes are being made to 47 CFR 

73.202(b)).



List of Subjects in 47 CFR Part 73



    Radio, Radio broadcasting.



Federal Communications Commission.

Nazifa Sawez,

Assistant Chief, Audio Division, Media Bureau.

[FR Doc. 2011-18636 Filed 7-22-11; 8:45 am]

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