[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Proposed Rules]
[Pages 32102-32103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15929]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 09-1362; MB Docket No. 09-98; RM-11536]


Radio Broadcasting Services; Leupp, AZ

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document sets forth a proposal to amend the FM Table of 
Allotments, Section 73.202(b) of the Commission's rules, 47 CFR Section 
73.202(b). The Commission requests comment on a petition filed by 
Cochise Broadcasting LLC, licensee of FM Station KZXK, Doney Park, 
Arizona. Petitioner proposes the substitution of FM Channel 293C2 for 
vacant Channel 255C2 at Leupp, Arizona. The purpose of the requested 
channel substitution at Custer is to allow FM Station KZXK to go from 
being a short-spaced station authorized pursuant to Section 73.215 of 
the Commission's rules and using a directional antenna to a fully-
spaced station using an omnidirectional antenna. Channel 293C2 can be 
allotted at Leupp in compliance with the Commission's minimum distance 
separation requirements without site restriction at 35-17-02 North 
Latitude and 110-57-52 West Longitude. See SUPPLEMENTARY INFORMATION 
infra.

DATES: Comments must be filed on or before August 10, 2009, and reply 
comments on or before August 25, 2009.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve petitioner's counsel as follows: Susan 
A. Marshall, Esq., Ann Goodwin Crump, Esq., Fletcher, Heald & Hildreth, 
P.L.C., 1300 N. 17th Street--Eleventh Floor, Arlington, Virginia 22209.

[[Page 32103]]


FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau (202) 
418-7072.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 09-98, adopted June 17, 
2009, and released June 19, 2009. 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 20554. The complete text of this decision 
may also be purchased from the Commission's copy contractor, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (800) 378-3160, or via the company's Web site, 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 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 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.

    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, 336.


Sec.  73.202   [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Arizona, is 
amended by removing Channel 255C2 and by adding Channel 293C2 at Leupp.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E9-15929 Filed 7-6-09; 8:45 am]
BILLING CODE 6712-01-P