[Federal Register Volume 74, Number 23 (Thursday, February 5, 2009)]
[Proposed Rules]
[Page 6132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2399]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-43; MB Docket No. 08-242; RM-11506]


Radio Broadcasting Services; Ten Sleep, WY

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 
Legend Communications of Wyoming, LLC. Petitioner proposes the 
allotment of Channel 267A at Ten Sleep, Wyoming, as a first local 
service. The purpose of the requested allotment is to maintain Ten 
Sleep's first potential local service, because petitioner has requested 
a change of community of license for unbuilt Station KYTS(FM), Channel 
271C2, from Ten Sleep to Manderson, Wyoming. Channel 267A can be 
allotted at Ten Sleep in compliance with the Commission's minimum 
distance separation requirements with a site restriction of 0.3 km (0.2 
miles) northeast of Ten Sleep. The proposed coordinates for Channel 
267A at Ten Sleep are 44-02-08 North Latitude and 107-26-50 West 
Longitude. See SUPPLEMENTARY INFORMATION infra.

DATES: Comments must be filed on or before March 9, 2009, and reply 
comments on or before March 24, 2009.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the designated petitioner's counsel as follows: Lee W. Shubert, 
Esq., Sciarrino & Shubert PLLC, 5425 Tree Line Drive, Centreville, 
Virginia 20120-1676.

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. 08-242, adopted January 
14, 2009, and released January 16, 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 Wyoming, is 
amended by adding Ten Sleep, Channel 267A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E9-2399 Filed 2-4-09; 8:45 am]
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