[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Rules and Regulations]
[Pages 52213-52214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20895]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 08-1956; MB Docket No. 03-44; RM-10650, RM-11396]


Radio Broadcasting Services; Noyack and Water Mill, NY

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: The staff dismisses as moot a petition for reconsideration 
filed by Monroe Board of Education (``Monroe'') and grants in part and 
denies in part a petition for reconsideration filed by Sacred Heart 
University (``SHU''). The document also deletes the allotment of FM 
Channel 233A at Water Mill, New York, and dismisses a counterproposal

[[Page 52214]]

filed by SHU. See also Supplemental Information.

DATES: Effective October 6, 2008.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MB Docket No. 03-44, adopted August 20, 
2008, and released August 22, 2008. 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. The complete text of this decision may 
also be purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20054, telephone 1-800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy of the Memorandum 
Opinion and Order in this proceeding in a report to be sent to Congress 
and the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).
    At the request of Isabel Sepulveda, Inc., the Notice of Proposed 
Rule Making in this proceeding proposed the allotment of Channel 277A 
at Water Mill, New York. See 68 FR 10682 (March 6, 2003). In response, 
SHU filed comments, suggesting the allotment of Channel 233A in lieu of 
Channel 277A at Water Mill in order to avoid displacement of its 
translator W277AB, Noyack, New York. Alternatively, in the event the 
Commission rejects the allotment of Channel 233A at Water Mill, SHU 
requested consideration of its counterproposal to reserve Channel 
*277A, reserved for noncommercial educational (``NCE'') use, at Noyack 
and modify the license for its Station WSUF(FM), Noyack, from Channel 
210B1 to Channel *277A.
    The Report and Order allotted Channel 233A at Water Mill. See 71 FR 
9266 (February 23, 2006). Subsequently, the allotment of Channel 233A 
at Water Mill, New York, was inadvertently removed from the Table of 
Allotments. See Revision of Procedures Governing Amendments to FM Table 
of Allotments and Changes of Community of License in the Radio 
Broadcast Services, 71 FR 76208 (December 20, 2006).
    On reconsideration, the staff deletes the allotment of Channel 233A 
at Water Mill because the original rulemaking petition, as well as its 
supporting comments, did not comply with Section 1.52 of the 
Commission's Rules, which requires that all pleadings filed by parties 
not represented by legal counsel be signed and verified by the 
petitioner. As a result, the removal of Channel 233A at Water Mill 
becomes official, and Monroe's petition for reconsideration is 
dismissed as moot.
    The document also dismisses SHU's counterproposal because it 
violates our policy of no longer entertaining optional or alternative 
proposals presented in either an initial rulemaking petition or a 
counterproposal. Further, even if the staff were to consider the merits 
of SHU's counterproposal, the document concludes that the modification 
of a reserved band NCE license to a nonadjacent channel in the 
nonreserved band has been permitted in only limited circumstances and 
that this case does not present such rare circumstances that would 
justify the modification.
    The document also announces that, effective with the release of 
this order, requests to downgrade and modify a reserved band FM station 
to a nonadjacent, nonreserved band channel will require the 
solicitation of competing expressions of interest, pursuant to Section 
1.420(g) of the Commission's Rules. The document also overrules a 
policy set forth in Key West, Florida, and holds that the downgrade and 
modification of a nonreserved band FM station to a nonadjacent channel 
in the nonreserved FM band is subject to the requirements of Section 
1.420(g) regarding the solicitation of competing expressions of 
interest and the availability of an equivalent class channel to 
accommodate such expressions of interest. See Key West Florida, 50 FR 
26,229 (June 25, 1985).

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. E8-20895 Filed 9-8-08; 8:45 am]
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