Radio Broadcasting Services; Enfield, Coordinates for Channel 231A at and 339
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Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9249 § 457.610 [Amended] Order in this proceeding to the extent of 237A, Station WXLF(FM), from White ■ 5. Amend the section heading for rescinding the staff action reallotting River Junction, Vermont, to Hartford, § 457.610 by— FM Channel 231A to Morrisonville, Vermont and modified the license of FM ■ A. Amending the section heading by New York, and reinstating the allotment Station WXLF(FM) accordingly. removing the phrase ‘‘for a fiscal year’’ of Channel 231A at Keeseville, New Next, prompted by the circumstances and adding in its place ‘‘prior to FY York, because an interest had been that gave rise to Hall’s Application for 2009’’. expressed in retaining the allotment at Review, the Commission concluded to ■ B. Removing the phrase ‘‘for a fiscal Keeseville. The document also affirms discontinue the practice of considering year’’ and add in its place ‘‘prior to FY the Report and Order in all other rulemaking requests for the reallotment, 2009’’in the first line of the paragraph. respects. Finally, the document class down-grade or deletion of a vacant modifies the FM allotment processing FM allotment. The Commission ■ 6. Section 457.611 is added to subpart policies so that, on a going forward determined that this practice is F to read as follows: basis, the Commission will no longer disruptive to the orderly auctioning of § 457.611 Period of availability for State accept proposals involving the vacant FM spectrum, wastes limited allotments for a fiscal year after FY 2008. reallotment, class down-grade, or staff resources, and undermines the The amount of a final allotment for a deletion of a vacant FM allotment. See finality of the actions adopting the fiscal year after FY 2008, as determined SUPPLEMENTARY INFORMATION, supra. initial allotment. However, the under § 457.609 and reduced to reflect DATES: Effective March 30, 2011. Commission will permit parties to certain Medicaid expenditures in FOR FURTHER INFORMATION CONTACT: propose same-class channel accordance with § 457.616, remains Andrew J. Rhodes, Media Bureau, (202) substitutions for vacant FM allotments available until expended for Federal 418–2180. in order to accommodate proposals in technically related FM allotment and/or payments based on expenditures SUPPLEMENTARY INFORMATION: This is a claimed during a 2-year period of synopsis of the Commission’s application filings because same-class availability, beginning with the fiscal Memorandum Opinion and Order, MB channel substitutions do not disturb year of the final allotment and ending Docket No. 05–162, adopted January 25, final section 307(b) determinations on with the end of the succeeding fiscal 2011, and released January 26, 2011. which the allotments were based. Finally, we note that, although the year following the fiscal year. The full text of this Commission Report and Order in this proceeding decision is available for inspection and Authority: (Section 1102 of the Social removed Channel 231A at Keeseville, copying during normal business hours Security Act (42 U.S.C. 1302). New York, § 73.202(b), the Table of FM in the FCC’s Reference Information Allotments, inadvertently did not reflect (Catalog of Federal Domestic Assistance Center at Portals II, 445 12th Street, this change, and the channel continues Program No. 93.778, Medical Assistance SW., Room CY–A257, Washington, DC to appear in the Table. Accordingly, Program) 20554. The document may also be there is no need for a further revision to (Catalog of Federal Domestic Assistance purchased from the Commission’s the Table of FM Allotments with respect Program No. 93.767, State Children’s Health duplicating contractor, Best Copy and Insurance Program) to Keeseville, New York. Printing, Inc., Portals II, 445 12th Street, The Commission will send a copy of Dated: November 3, 2010. SW., Room CY–B402, Washington, DC this Memorandum Opinion and Order Donald M. Berwick, 20554, telephone 1–800–378–3160 or in a report to be sent to Congress and Administrator, Centers for Medicare & http://www.BCPIWEB.com. the Government Accountability Office Medicaid Services. The Memorandum Opinion and Order pursuant to the Congressional Review Approved: November 30, 2010. agreed that the Report and Order’s Act, see 5 U.S.C. 801(a)(1)(A). Kathleen Sebelius, deletion of Channel 231A at Keeseville Secretary, Department of Health and Human was inconsistent with existing List of Subjects in 47 CFR Part 73 Services. Commission case law, which states that Radio, Radio broadcasting. the Commission will not remove a [FR Doc. 2011–3639 Filed 2–14–11; 4:15 pm] For the reasons discussed in the vacant FM allotment form a community BILLING CODE 4120–01–P preamble, the Federal Communications if a potential applicant has expressed an Commission amends 47 CFR part 73 as interest in applying to build a station on follows: FEDERAL COMMUNICATIONS that channel, absent a compelling COMMISSION reason to do so. See 71 FR 30827, May PART 73—RADIO BROADCAST 31, 2006. Because an interest had been SERVICES 47 CFR Part 73 expressed in retaining the channel at Keeseville, the channel should not have ■ 1. The authority citation for part 73 [FCC 11–8; MB Docket No. 05–162; RM– been deleted and reallotted to continues to read as follows: 11227, RM–11284] Morrisonville, New York. The reference Authority: 47 U.S.C. 154, 303, 334, 336, Radio Broadcasting Services; Enfield, coordinates for Channel 231A at and 339. NH; Hartford, VT; Keeseville and Keeseville are 44–31–45 NL and 73–32– § 73.202 [Amended] Morrisonville, NY; White River 00 WL. Junction, VT The Memorandum Opinion and Order ■ 2. Section 73.202(b), the Table of FM also affirmed the Report and Order Allotments under New York, is AGENCY: Federal Communications insofar as it (1) Allotted Channel 282A amended by removing Morrisonville, Commission. to Enfield, New Hampshire as its first Channel 231A. local aural transmission service; (2) ACTION: Final rule; application for Federal Communications Commission. review. reallotted Channel 282C3, Station WWOD(FM), from Hartford, Vermont, to Marlene H. Dortch, SUMMARY: This document grants the Keeseville, New York, and modified the Secretary. Application for Review filed by Hall license of FM Station WWOD(FM) [FR Doc. 2011–3640 Filed 2–16–11; 8:45 am] Communications, Inc. of the Report and accordingly; and (3) reallotted Channel BILLING CODE 6712–01–P VerDate Mar<15>2010 16:23 Feb 16, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\17FER1.SGM 17FER1 jlentini on DSKJ8SOYB1PROD with RULES.