[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Proposed Rules]
[Pages 59293-59294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20211]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2516; MB Docket No. 05-267; RM-10365]


Radio Broadcasting Services; St. Simons Island, GA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document requests comments on a Petition for Rule Making 
filed by Nancy C. Harper requesting the allotment of Channel 229C3 at 
St. Simons Island, Georgia, and a mutually exclusive Petition for Rule 
Making filed by Murphy Broadcasting requesting the allotment of Channel 
229A to St. Simons Island. Either allotment would provide that 
community with its second local aural transmission service. To 
accommodate Harper's requested allotment of Channel 229C3, Harper 
requests the reclassification of FM Station WOGK, Channel 229C, Ocala, 
Florida, to specify operation on Channel 229C0 pursuant to the 
reclassification procedures adopted by the Commission. See 1998 
Biennial Regulatory Review--Streamlining of Radio Technical Rules in 
Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (December 20, 
2000). In response to an Order to Show Cause why Station WOGK should 
not be downgraded from Channel 229C to 229C0, the licensee of FM 
Station WOGK stated that it would file an acceptable application 
meeting minimum Class C FM standards within the period required by our 
rules. Since the licensee filed an application that was deficient, and 
since the deficient application filed has been dismissed for failure to 
prosecute the application, the Commission proposes to reclassify 
Station WOGK to Class C0. Channel 229C3 can be allotted with a site 
restriction 16.4 kilometers (10.2 miles) northwest of St. Simons 
Island, at reference coordinates 31-14-54 NL and 81-29-57 WL. To 
accommodate the proposed allotment, the Commission proposes the 
reclassification of FM Station WOGK to specify operation on Channel 
229C0. Channel 229A can be allotted to St. Simons Island at reference 
coordinates of 31-09-01 NL and 81-22-11 WL, if FM Station WOGK is 
reclassified to specify operation on Channel 229C0.

DATES: Comments must be filed on or before November 18, 2005, and reply 
comments on or before December 5, 2005. Any counterproposal filed in 
this proceeding need only protect FM Station WOGK, Ocala, Florida, as a 
Class C0 allotment.

ADDRESSES: 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: Nancy C. 
Harper, 490 Wright Road; Tignall, Georgia 30668; and Scott C. Cinnamon, 
Law Offices of Scott C. Cinnamon, PLLC; 1090 Vermont Ave, NW., Suite 
800, <greek-i>144; Washington, DC 20005 (Counsel for Murphy 
Broadcasting).

FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 05-267, adopted September 
23, 2005, and released September 27, 2005. 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. 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).
    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.


[[Page 59294]]


    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 Florida, is 
amended by removing Channel 229C and by adding Channel 229C0 at Ocala.
    3. Section 73.202(b), the Table of FM Allotments under Georgia, is 
amended by adding Channel 229C3 or Channel 229A at St. Simons Island.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-20211 Filed 10-11-05; 8:45 am]
BILLING CODE 6712-01-P