60344 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Proposed Rules 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3009; MB Docket No. 04–368, RM–

11067; MB Docket No. 04–369, RM–11068] 

Radio Broadcasting Services; 

Alamogordo, NM; and Grayville, IL

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes two 

new allotments in Grayville, Illinois and 

Alamogordo, New Mexico. The Audio 

Division requests comment on a petition 

filed by Linda A. Davidson proposing 

the allotment of Channel 229A at 

Grayville, as the community’s first local 

service. Channel 229A can be allotted to 

Grayville in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 13.0 kilometers (8.1 miles) 

northwest of the community. The 

reference coordinates for Channel 229A 

at Grayville, Illinois are 38–21–56 North 

Latitude and 88–03–38 West Longitude. 

The Audio Division also requests 

comments on a petition filed by Daniel 

R. Feely proposing the allotment of 

Channel 240C2 at Alamogordo, New 

Mexico, as the community’s fifth FM 

commercial aural transmission service. 

Channel 240C2 can be allotted to 

Alamogordo in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 10.4 kilometers (6.5 miles) 

southeast of the community. The 

reference coordinates for Channel 240C2 

at Alamogordo are 32–49–04 North 

Latitude and 105–54–19 West 

Longitude. Because the proposed site is 

within 320 kilometers (200 miles) of the 

Mexican border, concurrence of the 

Mexican government has been requested 

for the allotment.

DATES: Comments must be filed on or 

before November 15, 2004, and reply 

comments on or before November 30, 

2004.

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC. 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioners, as follows: Linda 

A. Davidson, 2134 Oak Street, Unit C, 

Santa Monica, California, 90405 

regarding the proposal to allot Channel 

229A Grayville, Illinois, RM–11067 and 

Daniel R. Feely, 682 Palisade Street, 

Pasadena, California, 91103 regarding 

the proposal to allot Channel 240C2 

Alamogordo, New Mexico, RM–11068.

FOR FURTHER INFORMATION CONTACT:

Helen McLean, Media Bureau, (202) 

418–2738.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket Nos. 

04–368, 04–369, adopted September 22, 

2004 and released September 24, 2004. 

The full text of this Commission 

decision is available for inspection and 

copying during normal business hours 

at the FCC’s Reference Information 

Center at Portals II, 445 Twelfth Street, 

SW., Room CY–A257, 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, 20554, telephone 1–

800–378–3160, or www.BCPIWEB.com.

Provisions of the Regulatory 

Flexibility Act of l980 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.

§ 73.202 [Amended] 

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

Allotments under Illinois, is amended 

by adding Grayville, Channel 229A. 

3. Section 73.202(b), the Table of FM 

Allotments under New Mexico, is 

amended by adding Channel 240C2 at 

Alamogordo.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–22754 Filed 10–7–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3056; MB Docket No. 04–375, RM–

11038; MB Docket No. 04–376, RM–11039; 

MB Docket No. 04–377, RM–11077; MB 

Docket No. 04–378; RM–11079; MB Docket 

No. 04–379, RM 11086] 

Radio Broadcasting Services; Dover, 

Ohio, Eatonton, GA, Haven, KS, 

Hillsborough, NC, Hutchinson, KS; 

Lake Charles, LA, Lexington, GA, 

Louisburg, NC, North Canton; OH and 

West Orange, TX

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: The document proposes five 

change of community reallotments for 

Louisburg and Hillsborough, North 

Carolina; Hutchinson and Haven, 

Kansas; Dover and North Canton, Ohio; 

Lake Charles, Louisiana and West 

Orange, Texas; and Eatonton and 

Lexington, Georgia. See SUPPLEMENTARY

INFORMATION, infra.

DATES: Comments must be filed on or 

before November 18, 2004, reply 

comments on or before December 3, 

2004.

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

petitioner, or its counsel or consultant, 

as follows: David Kushner, Esq. Brooks 

Pierce, McClendon, Humphrey & 

Leonard, L.L.P., First Union Capitol 

Center, Suite 1600, 150 Fayetteville 

Street Mall, Raleigh, North Carolina 

27602 (Counsel for New Century Media 

Group, LLC); Joseph P. Benkert, Esq., 

P.C. P.O. Box 620308, Littleton, 

Colorado 80162–0308 (Counsel for Ad 

Astra per Aspera Broadcasting, Inc.); 

Mark N. Lipp, Esq., Vinson & Elkins, 

L.L.P., 1455 Pennsylvania Ave., NW., 

Suite 600, Washington, DC 20004–1008 

(Counsel for Clear Channel Broadcasting 

Licenses, Inc. and Apex Broadcasting, 

Inc.); and Lauren A. Colby, Esq., 10 E. 

Fourth Street, P.O. Box 113, Frederick, 

Maryland 21705–0113 (Counsel for 

Middleton Georgia Communications, 

Inc.).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–375, MB Docket No. 04–376, MB 

Docket No. 04–377, MB Docket No. 04–

378 and MB Docket No. 04–379,

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Proposed Rules 60345

adopted September 23, 2004, and 

released September 27, 2004. 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. This document may 

also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 1–

800–378–3160 or http://

www.BCPIWEB.com.

The Audio Division requests 

comments on a petition filed by New 

Century Media Group, LLC, proposing 

the reallotment of Channel 273A from 

Louisburg to Hillsborough, North 

Carolina, and the modification of 

Station WHLQ(FM)’s license 

accordingly. Channel 273A can be 

reallotted to Hillsborough in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 9.51 kilometers (5.91 

mile) northeast to avoid short-spacings 

to the licensed sites of Station 

WJMH(FM), Channel 271C, Reidsville, 

North Carolina, and Station WIOZ–FM, 

Channel 273A, Southern Pines, North 

Carolina. The reference coordinates for 

Channel 273A at Hillsborough are 36–

06–49 NL and 79–00–20 WL. In 

accordance with the provisions of 

Section 1.420(i) of the Commission’s 

Rules, we will not accept competing 

expressions of interest for the use of 

Channel 273A at Hillsborough, North 

Carolina, or require petitioner to 

demonstrate the existence of an 

equivalent class channel for the use of 

other interested parties. 

The Audio Division requests 

comments on a petition filed by Ad 

Astra per Aspera Broadcasting, Inc., 

proposing the reallotment of Channel 

246C2 from Hutchinson to Haven, 

Kansas, and the modification of Station 

KSKU(FM)’s construction permit 

accordingly. Channel 246C2 can be 

reallotted to Haven in compliance with 

the Commission’s minimum distance 

separation requirements with a site 

restriction of 24.9 kilometers (15.5 

miles) southeast to avoid a short-spacing 

the proposed site for Channel 247C3, 

Howard, Kansas. The reference 

coordinates for Channel 246C2 at Haven 

are 37–47–47 NL and 97–31–59 WL. In 

accordance with the provisions of 

Section 1.420(i) of the Commission’s 

Rules, we will not accept competing 

expressions of interest for the use of 

Channel 246C2 at Haven, Kansas, or 

require petitioner to demonstrate the 

existence of an equivalent class channel 

for the use of other interested parties. In 

addition, Station KSKU–FM was 

granted a construction permit to specify 

operation on Channel 246C2 in lieu of 

Channel 246C3 at Hutchinson. See

BPH–20000424ABH. This change is not 

reflected in the FM Table of Allotments. 

The Audio Division requests 

comments on a petition filed by Clear 

Channel Broadcasting Licenses, Inc., 

proposing the reallotment of Channel 

269A from Dover to North Canton, Ohio, 

and the modification of Station WJER–

FM’s license accordingly. Channel 269A 

can be reallotted to North Canton in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

7.5 kilometers (4.7 miles) south to avoid 

short-spacings to the licensed sites of 

Station WHOT–FM, Channel 266B, 

Youngstown, Ohio, and Station 

WDOK(FM), Channel 271B, Cleveland, 

Ohio. The reference coordinates for 

Channel 269A at North Canton are 40–

48–30 NL and 81–23–31 WL. Since 

North Canton is located within 320 

kilometers (200 miles) of the U.S.-

Canadian border, concurrence of the 

Canadian government has been 

requested. In accordance with the 

provisions of Section 1.420(i) of the 

Commission’s Rules, we will not accept 

competing expressions of interest for the 

use of Channel 269A at North Canton, 

Ohio, or require petitioner to 

demonstrate the existence of an 

equivalent class channel for the use of 

other interested parties. 

The Audio Division requests 

comments on a petition filed by Apex 

Broadcasting, Inc., LLC, proposing the 

reallotment of Channel 258C0 from Lake 

Charles, Louisiana to West Orange, 

Texas, and the modification of Station 

KBXG(FM)’s construction permit 

accordingly. Channel 258C0 can be 

reallotted to West Orange in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 15.4 kilometers (9.5 

miles) east to avoid a short-spacing to 

the licensed site of Station KSHN(FM), 

Channel 260C2, Liberty, Texas. The 

reference coordinates for Channel 258C0 

at West Orange are 30–07–21 NL and 

93–36–21 WL. In accordance with the 

provisions of Section 1.420(i) of the 

Commission’s Rules, we will not accept 

competing expressions of interest for the 

use of Channel 258C0 at West Orange, 

Texas, or require petitioner to 

demonstrate the existence of an 

equivalent class channel for the use of 

other interested parties. 

The Audio Division requests 

comments on a petition filed by Middle 

Georgia Communications, Inc., 

proposing the substitution of Channel 

249C2 for Channel 249C3 at Eatonton, 

the reallotment of Channel 249C2 from 

Eatonton to Lexington, Georgia, and the 

modification of Station WMGZ(FM)’s 

license accordingly. Channel 249C2 can 

be reallotted to Lexington in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 30.5 kilometers (19.0 

miles) southeast to avoid short-spacings 

to the licensed sites of Station 

WFOX(FM), Channel 246C, Gainesville, 

Georgia and Station WHZT(FM), 

Channel 251C, Seneca, South Carolina 

The reference coordinates for Channel 

249C2 at Lexington are 33–45–03 NL 

and 82–48–53 WL. In accordance with 

the provisions of Section 1.420(i) of the 

Commission’s Rules, we will not accept 

competing expressions of interest for the 

use of Channel 249C2 at Lexington, 

Georgia, or require petitioner to 

demonstrate the existence of an 

equivalent class channel for the use of 

other interested parties. 

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.

§ 73.202 [Amended] 

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

Allotments under Georgia, is amended 

by removing Channel 249C3 at 

Eatonton; and by adding Lexington, 

Channel 249C2. 

3. Section 73.202(b), the Table of FM 

Allotments under Kansas, is amended 

by removing Channel 246C3 at 

Hutchinson; and by adding Haven, 

Channel 246C2. 

4. Section 73.202(b), the Table of FM 

Allotments under Louisiana, is 

amended by removing 258C0 at Lake 

Charles.

60346 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Proposed Rules 

5. Section 73.202(b), the Table of FM 

Allotments under Ohio, is amended by 

removing Channel 269A at Dover; and 

by adding North Canton, Channel 269A. 

6. Section 73.202(b), the Table of FM 

Allotments under North Carolina, is 

amended by removing Channel 273A at 

Louisburg; and by adding Hillsborough, 

Channel 273A. 

7. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding West Orange, Channel 258C0.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–22752 Filed 10–7–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3011; MB Docket No. 04–340, RM–

11081; MB Docket No. 04–371, RM–11082] 

Radio Broadcasting Services; Crystal 

Fall, MI, and Laona, WI

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document sets forth two 

proposals 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 Results Broadcasting 

of Iron Mountain, Inc. Petitioner 

proposes the allotment of Channel 

280C2 at Crystal Falls, Michigan, as a 

third local FM allotment. Channel 

280C2 can be allotted at Crystal Falls in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

24.3 kilometers (15.1 miles) southwest 

of Crystal Falls. The proposed 

coordinates for Channel 280C2 at 

Crystal Falls are 45–57–22 North 

Latitude and 88–33–46 West Longitude. 

The proposed allotment is located 

within 320 kilometers (199 miles) of the 

United States-Canada border, so it will 

be necessary to obtain concurrence in 

the allotment from the Government of 

Canada. See SUPPLEMENTARY

INFORMATION infra.

DATES: Comments must be filed on or 

before November 15, 2004, and reply 

comments on or before November 30, 

2004.

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the petitioner as follows: 

David G. O’Neil, Rini Coran, PC, 1501 

M Street, NW., Suite 1150, Washington, 

DC 20005.

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 Nos. 

04–370 and 04–371, adopted September 

22, 2004, and released September 24, 

2004. 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. 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 Commission further requests 

comment on a petition filed by Results 

Broadcasting of Iron Mountain, Inc. 

Petitioner proposes the allotment of 

Channel 272C3 at Laona, Wisconsin, as 

a first local allotment. Channel 272C3 

can be allotted at Laona in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 11.1 kilometers (6.9 

miles) north of Laona. The proposed 

coordinates for Channel 272C3 at Laona 

are 45–39–30 North Latitude and 88–

43–20 West Longitude. The proposed 

allotment is located within 320 

kilometers (199 miles) of the United 

States-Canada border, so it will be 

necessary to obtain concurrence in the 

allotment from the Government of 

Canada. 

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.

§ 73.202 [Amended] 

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

Allotments under Michigan, is amended 

by adding Channel 280C2 at Crystal 

Falls. 

3. Section 73.202(b), the Table of FM 

Allotments under Wisconsin, is 

amended by adding Channel Laona, 

Channel 272C3.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–22753 Filed 10–7–04; 8:45 am] 

BILLING CODE 6712–01–P