[Federal Register: December 9, 2004 (Volume 69, Number 236)]
[Rules and Regulations]
[Page 71386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de04-20]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[DA 04-3514, MB Docket No. 02-376, RM-10617]
Radio Broadcasting Services; Sells, AZ
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document grants a petition filed by Rural Pima
Broadcasting proposing the allotment of Channel 285 at Sells, Arizona,
as its first local aural broadcast service. See 67 FR 78401, published
December 24, 2002. This document also denies a counterproposal filed by
Lakeshore Media, LLC proposing to substitute Channel 285C3 for Channel
285C2 at Willcox, and reallot Channel 285C3 from Willcox to Davis-
Monthan Air Force Base, Arizona (``Davis-Monthan AFB''), as a first
local aural transmission service. Lakeshore's counterproposal also
included the allotment of Channels 283C2 and 245C2 at Willcox to
provide service to unserved and underserved areas created by the
reallotment of Channel 285C3 from Willcox to Davis-Monthan AFB. Channel
285A can be allotted at Sells at a site 9.3 kilometers (5.8 miles)
south of the community at coordinates 31-49-44 NL and 111-53-28 WL.
This site has received concurrence from the government of Mexico as a
specially negotiated restricted allotment limited to 1.1 kW ERP and 100
m HAAT or the equivalent along the 123.2 degree azimuth toward Station
XHNI(FM) Channel 286B, Nogales, Sonora, Mexico. See Supplementary
Information.
DATES: Effective January 6, 2005.
ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, MB Docket No. 02-376, adopted November 17, 2004, and
released November 22, 2004. The full text of this Commission decision
is available for inspection and copying during normal business hours in
the Commission's Reference Center, 445 Twelfth 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.,
445 12th Street, SW., Room CY-B402, Washington, DC 20054, telephone
800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy
of this Report and Order in a report to be sent to Congress and the
General Accounting Office pursuant to the Congressional Review Act, see
5 U.S.C. 801(a)(1)(A).
Lakeshore's counterproposal is denied. Its proposal to allot
Channels 282C2 and 245C2 at Willcox to avoid unserved and underserved
areas as ``backfill'' allotments is precluded by the Commission's
decision in Pacific Broadcasting of Missouri, LLC, 18 FCC Rcd 2291
(2003); recon. den. 19 FCC Rcd 10,950 (2004). Without the backfill
allotments, the Lakeshore counterproposal would leave behind vast
unserved and underserved areas, i.e., white and gray area. The loss
area resulting from Lakeshore's proposed substitution of Channel 285C3
for Channel 285C3 at Willcox and the reallotment of Channel 285C3 from
Willcox to Davis-Monthan AFB would contain 8,560.3 square kilometers
with a population of 13,842. An area of 2,142 square kilometers with a
population of 2,846 would be left with no aural reception service, and
an area of 1,068 square kilometers with a population of 1,022 would be
left with one aural reception service.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
PART 73--RADIO BROADCAST SERVICES
0
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]
0
2. Section 73.202(b), the Table of FM Allotments under Arizona, is
amended by adding Sells, Channel 285A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-27041 Filed 12-8-04; 8:45 am]
BILLING CODE 6712-01-P