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###### Federal Communications Commission

          - 47 CFR Part 73 
          - [DA 09-1119; MB Docket No. 09-46; RM-11524] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Final rule.

# SUMMARY:

The Commission grants a petition for rulemaking filed by New York Television, Inc., the licensee of station WNYO-DT, requesting the substitution of DTV channel 49 for its assigned post-transition DTV channel 34 at Buffalo, New York. 

# DATES:

This rule is effective June 2, 2009. 

# FOR FURTHER INFORMATION CONTACT:

David J. Brown, Media Bureau, (202) 418-1600. 

# SUPPLEMENTARY INFORMATION:

                    This is a synopsis of the Commission's                     *Report and Order,*                     MB Docket No. 09-46, adopted May 20, 2009, and released May 21, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, CY-A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (                    *http://www.fcc.gov/​cgb/​ecfs/​*). (Documents                           ( print page 26300)                        will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-478-3160 or via e-mail                     *http://www.BCPIWEB.com.*                     To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to                     *fcc504@fcc.gov*                     or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any 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 1980 do not apply to this proceeding.                 

                    The Commission will send a copy of this                     *Report and Order*                     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).                 

# List of Subjects in 47 CFR Part 73

      - Television
      - Television broadcasting

For the reasons discussed in the preamble, the Federal Communications Commission amends 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, 336. 

§ 73.622

2. Section 73.622(i), the Post-Transition Table of DTV Allotments under New York, is amended by adding DTV channel 49 and removing DTV channel 34 at Buffalo. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media Bureau. 

[FR Doc. E9-12833 Filed 6-1-09; 8:45 am] 

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