[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Page 10686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5399]



[[Page 10686]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-440; MB Docket No. 05-67; RM-11116, RM-11342]


Radio Broadcasting Services; Clinton, Fishers, Indianapolis, and 
Lawrence, IN

AGENCY: Federal Communications Commission.

ACTION: Final rule, denial of petition for reconsideration.

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SUMMARY: This document denies a Petition for Reconsideration filed by 
Word Power, Inc., directed to the Report and Order in this proceeding, 
which had denied Word Power's counterproposal and had granted a 
mutually exclusive rulemaking petition. See SUPPLEMENTARY INFORMATION, 
infra.

FOR FURTHER INFORMATION CONTACT: Andrew Rhodes, Media Bureau (202) 418-
2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Memorandum Opinion 
and Order in MB Docket No. 05-67, adopted February 25, 2009, and 
released February 27, 2009. The full text of this decision is available 
for inspection and copying during normal business hours in the FCC 
Reference Information Center at Portals II, 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, telephone 1-800-378-3160 or http://www.BCPIWEB.com.
    The Report and Order granted a rulemaking petition, inter alia, to 
substitute Channel 230B1 for Channel 230A at Fishers, Indiana, to 
reallot Channel 230B1 to Lawrence, Indiana, and to modify the license 
for Station WRWM to specify Lawrence as the community of license. To 
accommodate this reallotment, Word Power's Station WPFR-FM, Clinton, 
Indiana, was ordered to change its frequency from Channel 230A to 
Channel 229A. The Report and Order also denied Word Power's 
counterproposal to upgrade its Station WPFR-FM from Channel 230A to 
Channel 230B1. See 72 FR 53687, September 20, 2007.
    The Memorandum Opinion and Order found that the Report and Order 
did not err by (1) not discussing the applicability of the Tuck factors 
regarding whether Lawrence is sufficiently independent of Indianapolis 
to warrant consideration as a first local service; and (2) not 
specifically requiring the reimbursement to Word Power for the costs of 
changing channels. The document reasoned that a Tuck analysis is not 
required in this situation where a station is moving from one community 
to another inside an urbanized area. Likewise, a reimbursement 
condition is not necessary given the repeated assertions by the initial 
rulemaking petitioners that they will reimburse Word Power for the 
reasonable expenses related to the Station WPFR-FM facility 
modification. Finally, the Memorandum Opinion and Order rejected Word 
Power's argument that the staff had inadequately inquired into the 
possible premature construction of the upgraded WRWM facilities at 
Lawrence.
    The Commission will not send a copy of this Memorandum Opinion and 
Order to GAO pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A), because the Petition for Reconsideration was denied.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
 [FR Doc. E9-5399 Filed 3-11-09; 8:45 am]
BILLING CODE 6712-01-P