[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Proposed Rules]
[Page 36387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17776]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 98-72, RM-9265]


Radio Broadcasting Services; Middlebury and Berlin, VT

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a petition filed by 
Dynamite Radio, Inc. seeking the substitution of Channel 265C2 for 
Channel 265A; the reallotment of Channel 265C2 from Middlebury to 
Berlin, VT; and the modification of Station WGTK's license to specify 
Berlin as its community of license. Channel 265C2 can be allotted to 
Berlin in compliance with the Commission's minimum distance separation 
requirements with a site restriction of 11.1 kilometers (6.9 miles) 
north of the community. The site restriction imposed on Channel 265C2 
at Berlin does not obviate the short-spacings to Station CBF-FM, 
Channel 265C1, Montreal, Quebec, and to Station CBF10F, Channel 266B, 
Sherbrook, Quebec, Canada. Therefore, we have sought Canadian 
concurrence in the allotment of Channel 265C2 at Berlin as a specially 
negotiated short-spaced limited allotment since Berlin is located 
within 320 kilometers (200 miles) of the U.S.-Canadian border. In 
accordance with the provisions of Section 1.420(i) of the Commission's 
Rules, we will not accept competing expressions of interest in the use 
of Channel 265C2 at Berlin, VT.

DATES: Comments must be filed on or before July 13, 1998, and reply 
comments on or before July 28, 1998.

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: Anthony 
A. Neri, President, Dynamite Radio, Inc., 74 Exchange Street, 
Middlebury, Vermont, 05753 (Petitioner).

FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 98-72, adopted May 13, 
1998, and released May 22, 1998. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Center (Room 239), 1919 M Street, NW, 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, ITS, Inc., (202) 857-
3800, 1231 20th Street, NW, Washington, DC 20036.
    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 broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 98-17776 Filed 7-2-98; 8:45 am]
BILLING CODE 6712-01-P