[Federal Register: February 11, 2005 (Volume 70, Number 28)]
[Proposed Rules]
[Page 7220-7221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe05-15]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[DA 05-76; MB Docket No. 05-16; RM-11143]
Radio Broadcasting Services; Richlands, Shallotte, Topsail Beach,
and Wrightsville Beach, NC
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document requests comments on a Petition for Rule Making
filed by Sea-Comm, Inc., (``Petitioner''), licensee of FM Stations
WBNU, Shallotte, North Carolina; WWTB, Topsail Beach, North Carolina,
and WBNE, Wrightsville Beach, North
[[Page 7221]]
Carolina. Petitioner proposes to upgrade Channel 279C3, Station WBNU,
to Channel 279C2 and reallot Channel 279C2 from Shallotte to
Wrightsville Beach, North Carolina; to downgrade Channel 280C3, Station
WWTB, to Channel 281A and to reallot Channel 281A from Topsail Beach to
Richlands, North Carolina; and to upgrade Station Channel 229A, Station
WBNE, to Channel 229C3 and reallot Channel 229C3 from Wrightsville
Beach to Topsail Beach. The coordinates for proposed Channel 279C2 at
Wrightsville Beach are 33-59-56 NL and 77-54-35 WL, with a site
restriction of 25.4 kilometers (15.8 miles) southwest of Wrightsville
Beach. The coordinates for proposed Channel 281A at Richlands are 34-
49-40 NL and 77-27-30 WL, with a site restriction of 12.9 kilometers
(8.0 miles) southeast of Richlands. The coordinates for proposed
Channel 229C3 at Topsail Beach are 34-25-37 NL and 77-38-33 WL, with a
site restriction of 7.0 kilometers (4.3 miles) north of Topsail Beach.
Since Petitioner's reallotment proposals comply with the provisions
of Section 1.420(i) of the Commission's rules, the Commission will not
accept competing expressions of interest in the use of Channel 279C2 at
Wrightsville Beach, the use of Channel 281A at Richlands, or the use of
Channel 229C3 at Topsail Beach, or require the Petitioner to
demonstrate the availability of additional equivalent class channels in
those communities.
DATES: Comments must be filed on or before March 21, 2005, and reply
comments on or before April 5, 2005.
ADDRESSES: Secretary, Federal Communications Commission, 445 12th
Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing
comments with the FCC, interested parties should serve the petitioner's
counsel, as follows: John Griffith Johnson, Jr., Esq.; Paul, Hastings,
Janofsky & Walker, LLP; 1299 Pennsylvania Avenue, NW., Tenth Floor;
Washington, DC 20004-2400.
FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202)
418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rule Making, MB Docket No. 05-16, adopted January
26, 2005, and released January 28, 2005. The full text of this
Commission decision is available for inspection and copying during
regular business hours in the FCC's Reference Information Center at
Portals II, 445 12th Street, SW., CY-A257, Washington, DC 20554. This
document may also be purchased from the Commission's duplicating
contractors, 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 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 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.
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 North
Carolina, is amended by adding Richlands, Channel 281A, by removing
Channel 279C3 at Shallotte; by removing Channel 280C3 and adding
Channel 229C3 at Topsail Beach; and by removing Channel 229A and adding
Channel 279C2 at Wrightsville Beach.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-2704 Filed 2-10-05; 8:45 am]
BILLING CODE 6712-01-P