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###### Federal Communications Commission

          - 47 CFR Part 73
          - [DA 09-1126; MB Docket No. 08-117; RM-11450]

# AGENCY:

Federal Communications Commission.

# ACTION:

Dismissal.

# SUMMARY:

The Commission dismisses the pending rulemaking petition filed by Twin Cities Public Television, Inc. (“Twin Cities”), the licensee of noncommercial educational station KTCI-TV, analog channel *17 and KTCI-DT, pre-transition digital channel *16, and permittee of post-transition digital channel *26, St. Paul, Minnesota, to substitute digital channel *38 for its assigned post-transition digital channel *26. Duluth-Superior Area Educational Television Corporation (“Duluth-Superior”), the licensee of noncommercial educational station WDSE-TV/DT, Duluth, Minnesota, filed comments and a counterproposal in the proceeding. Twin Cities and Duluth-Superior subsequently came to a Commission approved agreement by which Duluth-Superior agreed to withdraw its counterproposal and Twin Cities agreed to request a different post-transition digital channel substitution.

# FOR FURTHER INFORMATION CONTACT:

Joyce L. Bernstein, Media Bureau, (202) 418-1600.

# SUPPLEMENTARY INFORMATION:

                    This is a synopsis of the Commission's                     *Order,*                     MB Docket No. 08-117, adopted May 18, 2009, and released May 22, 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 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.                

                    This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this                     *Order*                     to the Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) since this proposed rule is dismissed, herein.)                

Federal Communications Commission.

Clay C. Pendarvis,

Associate Chief, Video Division, Media Bureau.

[FR Doc. E9-13052 Filed 6-3-09; 8:45 am]

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