[Federal Register: May 4, 2009 (Volume 74, Number 84)]
[Proposed Rules]               
[Page 20444]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my09-17]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-847; MB Docket No. 09-54; RM-11520].

 
Radio Broadcasting Services; Waverly, AL

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document sets forth a proposal to amend the FM Table of 
Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 
73.202(b). The Commission requests comment on a petition filed by 
Auburn Network, Inc. Petitioner proposes the substitution of FM Channel 
262A for vacant Channel 232A at Waverly, Alabama. The purpose of the 
requested channel substitution at Custer is to accommodate Petitioner's 
pending application to change the channel FM Station WGZZ from Channel 
262A to Channel 232 at Waverly. Channel 262A can be allotted at Waverly 
in compliance with the Commission's minimum distance separation 
requirements with a site restriction of 13 km (8.1 miles) northeast of 
Waverly. The proposed coordinates for Channel 262A at Waverly are 32-
48-14 North Latitude and 85-41-28 West Longitude. See SUPPLEMENTARY 
INFORMATION infra.

DATES: Comments must be filed on or before June 8, 2009, and reply 
comments on or before June 23, 2009.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve petitioner's counsel as follows: Mark N. Lipp, Esq., Scott 
Woodworth, Esq., Wiley Rein LLP, 1776 K Street, NW., Washington, DC 
20006.

FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau (202) 
418-7072.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 09-54, adopted April 15, 
2009, and released April 17, 2009. 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 copy contractor, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (800) 378-3160, or via the company's Web site, http://
www.bcpiweb.com. 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).
    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, 336.


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Alabama, is 
amended by removing Channel 232A and by adding Channel 262A at Waverly.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau, Federal Communications 
Commission.
[FR Doc. E9-10191 Filed 5-1-09; 8:45 am]

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