[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Proposed Rules]
[Pages 70765-70766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25262]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 22-1167; MB Docket No. 22-373; RM-11933; FR ID 113831]


Radio Broadcasting Services; South Padre Island, Texas

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on a Petition for Rule Making 
filed by Eduardo Gallegos, proposing to amend the FM Table of 
Allotments, by substituting Channel 288A for vacant Channel 237A at 
South Padre Island, Texas to accommodate the hybrid modification 
application of Station KRIX(FM) that proposes the substitution of 
Channel 237A for Channel 288A at Port Isabel, Texas and modification of 
Station KRIX(FM)'s license to specify operation on Channel 237A at Port 
Isabel, Texas. A staff engineering analysis indicates that Channel 288A 
can be allotted to South Padre Island, Texas, consistent with the 
minimum distance separation requirements of the Commission's rules 
(Rules), with a site restriction of 11 km (7 miles) south of the 
community. The reference coordinates are 26-01-30 NL and 97-09-15 WL.

DATES: Comments must be filed on or before January 3, 2023, and reply 
comments on or before January 18, 2023.

ADDRESSES: Secretary, Federal Communications Commission, 45 L Street 
NE, Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the counsel to petitioner as follows: 
Dan J. Alpert, Esq., The Law Office of Dan J. Alpert, 2120 21st Rd. N, 
Arlington, VA 22201.

FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 
418-2054.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Federal 
Communications Commission's (Commission) Notice of Proposed Rule 
Making, MB Docket No. 22-373, adopted November 9, 2022, and released 
November 9, 2022. The full text of this Commission decision is 
available online at https://apps.fcc.gov/ecfs. The full text of this 
document can also be downloaded in Word or Portable Document Format 
(PDF) at https://www.fcc.gov/edocs. 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).
    On December 8, 2021, the Audio Division cancelled the license of 
station DKZSP, Fac. ID No. 56473, Channel 237A, South Padre Island, TX. 
See FCC Broadcast Actions, Report No. 50134, released December 13, 
2021. Channel 237A at South Padre Island, Texas, is, therefore, 
considered a vacant allotment resulting from the license cancellation 
of FM station DKZSP. Vacant Channel 237A at South Padre Island, Texas, 
is not currently listed in the FM Table of Allotments.
    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

[[Page 70766]]

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

    Radio, Radio broadcasting.

Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.

Proposed Rules

    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

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

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336 and 339.

0
2. In Sec.  73.202(b), amend the Table of FM Allotments under Texas by 
adding an entry for ``South Padre Island'' to read as follows:


Sec.  73.202  Table of Allotments.

* * * * *
    (b) * * *

                        Table 1 to Paragraph (b)
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                                                                Channel
                        [U.S. States]                             No.
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                                * * * * *
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                                  Texas
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                                * * * * *
South Padre Island..........................................        288A
 
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[FR Doc. 2022-25262 Filed 11-18-22; 8:45 am]
BILLING CODE 6712-01-P