[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Rules and Regulations]
[Pages 47488-47489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19456]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 04-258; RM-11000; RM-11149; DA 10-1194]
FM Table of Allotments, Boulder Town, Levan, Mount Pleasant, and
Richfield, UT
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for partial reconsideration, granted;
petition for reconsideration, denied.
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SUMMARY: The Audio Division grants a Petition for Partial
Reconsideration filed by Sanpete County Broadcasting, licensee of
Station KLGL(FM), Richfield, Utah. In so doing, the staff reinstates
and grants Sanpete's Counterproposal to reallot and change the
community of license of Station KLGL(FM) from Richfield to Mount
Pleasant, Utah. The Audio Division also denies a Petition for
Reconsideration filed by Micro Communications, Inc., licensee of
Station KCFM, Levan, Utah, and affirms the dismissal of Micro's
Petition for Rule Making on technical grounds. See Supplementary
Information.
DATES: Effective September 7, 2010.
FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202)
418-2180.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, MB Docket No. 04-258, adopted June 25,
2010, and released June 29, 2010. The full text of this Commission
document 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. 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.
The Report and Order in this proceeding had denied the
counterproposal of Sanpete's predecessor in interest to reallot and
change the community of license of its Station KLGL(FM) from Channel
229C at Richfield, Utah, to Channel 229C at Mount Pleasant, Utah,
because the proposed transmitter site was unavailable due to its
location in a national forest. See 71 FR 29886 (May 24, 2006). The
counterproposal was also denied because it would create ``white'' and
``gray'' loss areas of 1,103 and 1,057 persons, respectively. The
Memorandum Opinion and Order grants the Sanpete Counterproposal because
Sanpete demonstrated that its proposed transmitter site is not located
in the Mani-La National Forest. Likewise, Sanpete showed that its
proposal would not create any ``white'' loss area. Rather the
counterproposal would create a ``gray'' loss population of 1,057, but
the staff found that this ``gray'' loss population was outweighed by
the provision of a first local service to a community with a population
of 2,707.
The reference coordinates for Channel 229C at Mount Pleasant, Utah,
are 39-37-52 NL and 111-19-47 WL. Sanpete's Counterproposal was
formerly a rule change to Section 73.202(b), the FM Table of
Allotments. As a result of changes to the Commission's processing
rules, modifications of FM channels for existing stations are no longer
listed in Section 73.202(b) and are instead reflected in the Media
Bureau's Consolidated Data Base System (CDBS). See Revision of
Procedures Governing Amendments to FM Table of Allotments and Changes
of Community of License in the Radio Broadcast Services, Report and
Order, 71 FR 76208 (December 20, 2006). The CDBS will reflect Channel
229C at Mount Pleasant, Utah, as the reserved assignment of Station
KLGL in lieu of Channel 229C at Richfield.
Micro's rule making petition had proposed the substitution of FM
Channel 229C for Channel 244C at Levan, Utah, and the modification of
its Station KCFM license to specify operation on Channel 229C. To
accommodate this substitution, Micro had proposed to substitute Channel
244C for Channel 229C at Richfield, Utah, and to modify the license for
Station KLGL(FM), accordingly. The Memorandum Opinion and Order
affirmed the dismissal of Micro's rule making petition because it was
technically defective at the time it was filed. Specifically, Station
KLGL had both a license and a construction permit at the time that the
rulemaking petition was filed, and the proposed Channel 244C at the
construction permit site at Richfield was short-spaced to two vacant
allotments at Beaver, Utah, and Mesquite, Nevada.
This document does not contain new or modified 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 Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Provisions of the Regulatory Flexibility Act of 1980 do not apply
to this proceeding.
[[Page 47489]]
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division Media Bureau.
[FR Doc. 2010-19456 Filed 8-5-10; 8:45 am]
BILLING CODE 6712-01-P