[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Proposed Rules]
[Page 67882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25807]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-3513; MB Docket No. 04-411, RM-11096]


Radio Broadcasting Services; Georgetown, Mason, and Oxford, OH, 
Salt Lick, KY and West Union, OH

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Audio Division requests comment on a petition jointly 
filed by Balogh Broadcasting Company, Inc., licensee of Station 
WOXY(FM), Channel 249A, Oxford, Ohio, Richard L. Plessinger, Sr., 
licensee of Station WAXZ(FM), Channel 249A, Georgetown, Ohio, and 
Dreamcatcher Communications, Inc., licensee of Station WRAC(FM), 
Channel 276A, West Union, Ohio requesting the reallotment of Channel 
249A from Oxford to Mason, Ohio, as its first local service and 
modification of the Station WOXY(FM) license, reallotment of Channel 
249A from Georgetown, Ohio to Salt Lick, Kentucky, as its first local 
service and modification of the Station WAXZ(FM) license, and 
reallotment of Channel 276A from West Union to Georgetown, Ohio to 
prevent removal of sole existing local service and modification of the 
Station WRAC(FM) license. Channel 249A can be allotted to Mason in 
compliance with the Commission's minimum distance separation 
requirements with a site restriction of 9.4 kilometers (5.8 miles) east 
of Mason. The proposed reference coordinates for Channel 249A at Mason 
are 39-20-57 NL and 84-12-08 WL. Channel 249A can also be allotted to 
Salt Lick in compliance with the Commission's minimum distance 
separation requirements with a site restriction of 6.6 kilometers (4.1 
miles) northeast of Salt Lick. The proposed reference coordinates for 
Channel 249A at Salt Lick are 38-10-15 NL and 83-34-31 WL. Channel 276A 
can also be allotted to Georgetown in compliance with the Commission's 
minimum distance separation requirements with a site restriction of 
12.1 kilometers (7.5 miles) east of Georgetown. The proposed reference 
coordinates for Channel 276A at Georgetown are 38-52-14 NL and 83-45-55 
WL.

DATES: Comments must be filed on or before December 27, 2004, and reply 
comments on or before January 11, 2005.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the petitioner, his counsel, or 
consultant, as follows: Mark N. Lipp, Esq., Counsel, Richard L. 
Plessinger, Sr., Scott Woodworth Vinson & Elkins, LLP, 1455 
Pennsylvania Avenue, NW., Suite 600, Washington, DC 20004, Harry C. 
Martin, Esq., Counsel, Balogh Broadcasting Company, Inc., Fletcher 
Heald & Hildreth , PLC, 1300 North 17th Street, 11th Floor, Arlington, 
VA 22209, Coe W. Ramsey, Esq., Counsel, Dreamcatcher Communications, 
Inc., Brooks Pierce McLendon Humphrey & Leonard, LLP, P.O. Box 1800, 
Raleigh, NC 27602.

FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 04-411, adopted November 
3, 2004, and released November 5, 2004. The full text of this 
Commission decision is available for inspection and copying during 
regular business hours at the FCC's Reference Information Center, 
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, 20054, telephone 1-
800-378-3160 or http://www.BCPIWEB.com.
    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 contact.
    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 Kentucky, is 
amended by adding Salt Lick, Channel 249A.
    3. Section 73.202(b), the Table of FM Allotments under Ohio, is 
amended by removing Channel 249A and by adding Channel 276A at 
Georgetown, by adding Mason, Channel 249A, by removing Oxford, Channel 
249A, by removing West Union, Channel 276A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-25807 Filed 11-19-04; 8:45 am]
BILLING CODE 6712-01-P