[Federal Register: June 25, 2004 (Volume 69, Number 122)]
[Proposed Rules]               
[Page 35564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn04-31]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-1539; MB Docket No. 04-213, RM-10991; MB Docket No. 04-214, RM-
10992; MB Docket No. 04-215, RM-10993; MB Docket No. 04-216, RM-10994]

 
Radio Broadcasting Services; Boligee, AL; Jackson, WY; Matagorda, 
TX; and Vaiden, MS

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes new allotments in separate communities, 
Boligee, Alabama, Jackson, Wyoming, Matagorda, Texas, and Vaiden, 
Mississippi. (1) The Audio Division requests comment on a petition 
filed by Greene County Broadcasting, proposing the allotment of Channel 
297A at Boligee, Alabama, as the community's first local aural 
transmission service. Channel 297A can be allotted to Boligee in 
compliance with the Commission's minimum distance separation 
requirements with a site restriction of 9.5 kilometers (5.9 miles) 
northwest of the community. The reference coordinates for Channel 297A 
at Boligee are 32-48-34 NL and 88-06-27 WL. (2) The Audio Division also 
requests comments on a petition filed by Bulldog Broadcasting proposing 
the allotment of Channel 249A at Jackson, Wyoming as the community's 
sixth local aural transmission service. Channel 249A can be allotted to 
Jackson in compliance with the Commission's minimum distance separation 
requirements without a site restriction. The reference coordinates for 
Channel 249A at Jackson are 43-28-42 NL and 110-45-42 WL. (3) The Audio 
Division requests comments on a petition filed by Joseph L. Sandlin 
requesting the allotment of Channel 252A at Matagorda, Texas, as the 
community's first local aural transmission service. Channel 252A may be 
allotted at Matagorda without a site restriction at coordinates 28-41-
25 NL and 95-58-02 WL. Petitioner's site is short-spaced to Channel 
252C3, Sheridan, Texas, which was proposed in MM Docket No. 99-331 
which is pending on reconsideration. This petition, if granted before 
MM Docket No. 99-331 is final, will be conditioned on the outcome of 
that earlier proceeding, and any construction will be at the licensee's 
risk. (4) The Audio Division also requests comments on a petition filed 
by Team Broadcasting Co., Inc. proposing the allotment of Channel 271A 
at Vaiden, Mississippi, as the community's first local aural 
transmission service. Channel 271A can be allotted at Vaiden at Team's 
requested site, 4.4 kilometers ( 2.7 miles) southeast of the community 
at coordinates 33-18-03 NL and 89-42-54 WL.

DATES: Comments must be filed on or before August 2, 2004, and reply 
comments on or before August 17, 2004.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the petitioner, his counsel, or 
consultant, as follows: (1) Greene County Broadcasting, c/o John C. 
Trent, Esq., Putbrese, Hunsaker, & Trent, P.C., 100 Carpenter Drive, 
Suite 100, Sterling, Virginia, 20167-0217; (2) Bulldog Broadcasting, c/
o Scott C. Cinnamon, PLLC, 1090 Vermont Ave., NW., Suite 800 
144, Washington, DC 20005; (3) Joseph L. Sandlin, P.O. Box 
2056, Bay City, Texas, 77404-2056; (4) Team Broadcasting Co., Inc., c/o 
Mark N. Lipp, Esq., Vinson & Elkins, L.L.P., The Willard Office 
Building, 1455 Pennsylvania Avenue, NW., Washington, DC 20004-1008.

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket Nos. 04-213, 04-214, 04-215, 
04-216, adopted on August 2, 2004 and released on August 17, 2004. The 
full text of this Commission decision is available for inspection and 
copying during regular business hours at the FCC's Reference 
Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, 
Washington, DC 20554. The complete text of this decision may also be 
purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, 
or via e-mail qualexint@aol.com.
    Provisions of the Regulatory Flexibility Act of l980 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:

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


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Alabama, is 
amended by adding Boligee, Channel 297A.
    3. Section 73.202(b), the Table of FM Allotments under Mississippi 
is amended by adding Vaiden, Channel 271A.
    4. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Matagorda, Channel 252A.
    5. Section 73.202(b), the Table of FM Allotments under Wyoming is 
amended by adding Channel 249A at Jackson.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-14488 Filed 6-24-04; 8:45 am]

BILLING CODE 6712-01-P