Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9249 

§ 457.610 [Amended] 

■ 5. Amend the section heading for 

§ 457.610 by— 

■ A. Amending the section heading by 

removing the phrase ‘‘for a fiscal year’’ 

and adding in its place ‘‘prior to FY 

2009’’. 

■ B. Removing the phrase ‘‘for a fiscal 

year’’ and add in its place ‘‘prior to FY 

2009’’in the first line of the paragraph. 

■ 6. Section 457.611 is added to subpart 

F to read as follows: 

§ 457.611 Period of availability for State 

allotments for a fiscal year after FY 2008. 

The amount of a final allotment for a 

fiscal year after FY 2008, as determined 

under § 457.609 and reduced to reflect 

certain Medicaid expenditures in 

accordance with § 457.616, remains 

available until expended for Federal 

payments based on expenditures 

claimed during a 2-year period of 

availability, beginning with the fiscal 

year of the final allotment and ending 

with the end of the succeeding fiscal 

year following the fiscal year. 

Authority: (Section 1102 of the Social 

Security Act (42 U.S.C. 1302). 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.767, State Children’s Health 

Insurance Program) 

Dated: November 3, 2010. 

Donald M. Berwick, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: November 30, 2010. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2011–3639 Filed 2–14–11; 4:15 pm] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[FCC 11–8; MB Docket No. 05–162; RM– 

11227, RM–11284] 

Radio Broadcasting Services; Enfield, 

NH; Hartford, VT; Keeseville and 

Morrisonville, NY; White River 

Junction, VT 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; application for 

review. 

SUMMARY: This document grants the 

Application for Review filed by Hall 

Communications, Inc. of the Report and 

Order in this proceeding to the extent of 

rescinding the staff action reallotting 

FM Channel 231A to Morrisonville, 

New York, and reinstating the allotment 

of Channel 231A at Keeseville, New 

York, because an interest had been 

expressed in retaining the allotment at 

Keeseville. The document also affirms 

the Report and Order in all other 

respects. Finally, the document 

modifies the FM allotment processing 

policies so that, on a going forward 

basis, the Commission will no longer 

accept proposals involving the 

reallotment, class down-grade, or 

deletion of a vacant FM allotment. See 

SUPPLEMENTARY INFORMATION, supra. 

DATES: Effective March 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 05–162, adopted January 25, 

2011, and released January 26, 2011. 

The full text of this Commission 

decision is available for inspection and 

copying during normal business hours 

in the FCC’s Reference Information 

Center at Portals II, 445 12th Street, 

SW., Room CY–A257, Washington, DC 

20554. The document may also be 

purchased from the Commission’s 

duplicating contractor, 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 Memorandum Opinion and Order 

agreed that the Report and Order’s 

deletion of Channel 231A at Keeseville 

was inconsistent with existing 

Commission case law, which states that 

the Commission will not remove a 

vacant FM allotment form a community 

if a potential applicant has expressed an 

interest in applying to build a station on 

that channel, absent a compelling 

reason to do so. See 71 FR 30827, May 

31, 2006. Because an interest had been 

expressed in retaining the channel at 

Keeseville, the channel should not have 

been deleted and reallotted to 

Morrisonville, New York. The reference 

coordinates for Channel 231A at 

Keeseville are 44–31–45 NL and 73–32– 

00 WL. 

The Memorandum Opinion and Order 

also affirmed the Report and Order 

insofar as it (1) Allotted Channel 282A 

to Enfield, New Hampshire as its first 

local aural transmission service; (2) 

reallotted Channel 282C3, Station 

WWOD(FM), from Hartford, Vermont, to 

Keeseville, New York, and modified the 

license of FM Station WWOD(FM) 

accordingly; and (3) reallotted Channel 

237A, Station WXLF(FM), from White 

River Junction, Vermont, to Hartford, 

Vermont and modified the license of FM 

Station WXLF(FM) accordingly. 

Next, prompted by the circumstances 

that gave rise to Hall’s Application for 

Review, the Commission concluded to 

discontinue the practice of considering 

rulemaking requests for the reallotment, 

class down-grade or deletion of a vacant 

FM allotment. The Commission 

determined that this practice is 

disruptive to the orderly auctioning of 

vacant FM spectrum, wastes limited 

staff resources, and undermines the 

finality of the actions adopting the 

initial allotment. However, the 

Commission will permit parties to 

propose same-class channel 

substitutions for vacant FM allotments 

in order to accommodate proposals in 

technically related FM allotment and/or 

application filings because same-class 

channel substitutions do not disturb 

final section 307(b) determinations on 

which the allotments were based. 

Finally, we note that, although the 

Report and Order in this proceeding 

removed Channel 231A at Keeseville, 

New York, § 73.202(b), the Table of FM 

Allotments, inadvertently did not reflect 

this change, and the channel continues 

to appear in the Table. Accordingly, 

there is no need for a further revision to 

the Table of FM Allotments with respect 

to Keeseville, New York. 

The Commission will send a copy of 

this Memorandum Opinion 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). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 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, 

and 339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under New York, is 

amended by removing Morrisonville, 

Channel 231A. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–3640 Filed 2–16–11; 8:45 am] 

BILLING CODE 6712–01–P 


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