Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 59293 

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). 

The Audio Division requests 

comments on a petition filed by Carrie 

Tutera Martin, proposing the allotment 

of Channel 259A at Silver Springs 

Shores, Florida, as the community’s first 

local aural transmission service. 

Channel 259A can be allotted to Silver 

Springs Shores in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 5.0 kilometers (3.1 miles). 

The reference coordinates for Channel 

259A at Silver Springs Shores are 29–

08–09 North Latitude and 82–02–33 

West Longitude. 

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 Section 1.1204(b) for rules 

governing permissible ex parte contact. 

For information regarding proper 

filing procedures for comments, see 47 

CFR Sections 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. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Florida, is amended 

by adding Silver Springs Shores, 

Channel 259A. 

3. Section 73.202(b), the Table of FM 

Allotments under Oklahoma, is 

amended by adding Channel 242A at 

Coalgate. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–20353 Filed 10–11–05; 8:45 am] 

BILLING CODE 6712–01–P 

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, 

#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. 

59294 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 

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. 

§ 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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2495; MB Docket No. 05–270; RM–

11268; RM–11272] 

Radio Broadcasting Services; Aguila, 

Apache Junction, Buckeye, Glendale, 

Peoria, Wenden, and Wickenburg, AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rule making 

filed by Entravision Holdings, L.L.C. 

(‘‘Petitioner’’), licensee of Stations 

KVVA–FM, Apache Junction, Arizona; 

KDVA(FM), Buckeye, Arizona, and 

KLNZ(FM), Glendale, Arizona. 

Petitioner requests that the Commission 

upgrade Channel 296C3, Station KVVA–

FM, to Channel 296C1 and reallot 

Channel 296C1 from Apache Junction to 

Peoria, Arizona, as Peoria’s first local 

aural transmission service; substitute 

Channel 229C3 for vacant Channel 

297C3 at Aguila, Arizona; upgrade 

Channel 295A, Station KDVA(FM), to 

Channel 295C3, and reallot Channel 

295C3 to Wenden, Arizona, as 

Wenden’s first local aural transmission 

service; and reallot Channel 278C, 

Station KLNZ(FM), from Glendale to 

Buckeye, Arizona. In addition, since 

Black Entrepreneur Association, Inc. 

(‘‘BEA’’) has filed a rulemaking petition 

to allot Channel 229C3 at Wickenburg, 

Arizona, that is mutually exclusive with 

Petitioner’s proposal to substitute 

Channel 229C3 for Channel 297C3 at 

Aguila, the Commission shall compare 

BEA’s proposal with Petitioner’s entire 

proposal to determine which proposal 

should be granted. 

The coordinates for proposed Channel 

296C1 at Peoria, Arizona, are 33–35–47 

NL and 112–05–31 WL, with a site 

restriction of 13.5 kilometers (8.4 miles) 

east of Peoria. The coordinates for 

proposed Channel 229C3 at Aguila, 

Arizona, are 33–56–34 NL and 113–10–

24 WL. The coordinates for proposed 

Channel 295C3 at Wenden, Arizona, are 

33–49–06 NL and 113–37–46 WL, with 

a site restriction of 8.2 kilometers (5.1 

miles) west of Wenden. The proposed 

Channel 278C at Buckeye, Arizona, are 

33–35–33 NL and 112–34–49 WL, with 

a site restriction of 24.7 kilometers (15.3 

miles) north of Buckeye. Lastly, if BEA’s 

proposal for Channel 229C3 at 

Wickenburg, Arizona is preferred over 

Petitioner’s rulemaking proposal, 

Channel 229C3 can be allotted to 

Wickenburg at coordinates of 33–53–49 

NL and 112–54–45 WL, with a site 

restriction of 18.7 kilometers (11.6 

miles) southwest of Wickenburg, 

Arizona. 

DATES: Comments must be filed on or 

before November 17, 2005, and reply 

comments on or before December 2, 

2005. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Room TW–A325, 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve 

Petitioner’s counsel, as follows: Barry A. 

Friedman, Esq., Thompson Hine L.L.P.; 

1920 N Street, NW., Suite 800; 

Washington, DC 20036; and Mark N. 

Lipp, Esq. and Scott Woodworth, Esq., 

Vinson & Elkins, L.L.P.; 1455 

Pennsylvania, NW., Suite 600; 

Washington, DC 20004. Further, a copy 

of such comments should be served on 

counsel for Black Entrepreneur 

Association, Inc., as follows: Ernest T. 

Sanchez, Esq., The Sanchez Law Firm; 

2300 M Street, NW., Suite 800; 

Washington, DC 20037. 

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. 

05–270, adopted September 23, 2005 

and released September 26, 2005. The 

full text of this Commission decision is 

available for inspection and copying 

during regular business hours in the 

FCC’s Reference Information Center at 

Portals II, 445 12th Street, SW., CY–

A257, Washington, DC 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractors, Best Copy and Printing, 

Inc., Portals II, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. 

The Federal Communications 

Commission granted a license for 

Station KVVA–FM, Apache Junction, 

Arizona, specifying operation on 

Channel 296C3, on May 8, 1997. See 

File No. BLH–19961025KB. Station 

KVVA–FM is still operating on Channel 

296C3. Nevertheless, 47 CFR 73.202, 

The FM Table of Allotments, 

erroneously lists Channel 296C2 as 

being allotted to Apache Junction, 

Arizona. 

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 

contracts. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act 0f 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). 

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. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended