7962 Federal Register / Vol. 68, No. 33 / Wednesday, February 19, 2003 / Proposed Rules

SUMMARY: This document sets forth January 29, 2003 and released January of Proposed Rule Making is issued until three separate proposals to amend the 31, 2003. The full text of this the matter is no longer subject to FM Table of Allotments, Section Commission decision is available for Commission consideration or court 73.202(b) of the Commission’s rules, 47 inspection and copying during normal review, all ex parte contacts are CFR 73.202(b). The Commission business hours in the FCC Reference prohibited in Commission proceedings, requests comment on a petition filed by Information Center (Room CY–A257), such as this one, which involve channel Cox Radio, Inc. pursuant to Section 445 12th Street, SW., Washington, DC. allotments. See 47 CFR 1.1204(b) for 1.420(i) of the Commission’s rules, 47 The complete text of this decision may rules governing permissible ex parte CFR 1.420(i). Petitioner proposes to also be purchased from the contacts. change the community of allotment and Commission’s copy contractor, Qualex For information regarding proper upgrade the license for Channel 237A at International, Portals II, 445 12th Street, filing procedures for comments, see 47 Apopka, Florida, to Channel 237C3 at SW., Room CY–B402, Washington, DC CFR 1.415 and 1.420. Maitland, Florida, and to modify the 20554, telephone (202) 863–2893. license of WPYO(FM) accordingly. In The Commission further requests List of Subjects in 47 CFR Part 73 order to facilitate those changes, comment on a petition filed by Wheeler Radio, Radio broadcasting. petitioner further proposes to relocate Broadcasting, Inc. pursuant to Section For the reasons discussed in the the transmitter site of WXCV(FM), 1.420(i) of the Commission’s rules, 47 preamble, the Federal Communications Homosassa Springs, Florida, and to CFR 1.420(i). Petitioner proposes to Commission proposes to amend 47 CFR modify the license for WXCV(FM). change the community of allotment and Part 73 as follows: Channel 237C3 can be allotted to upgrade the license for Channel 248C3 Maitland in compliance with the at Othello, Washington, to Channel PART 73—RADIO BROADCAST Commission’s minimum distance 248C2 at Basin City, Washington, as a SERVICES separation requirements with a site first local service, and to modify the restriction of 14.7 km (9.2 miles) east of license of KZLN(FM) accordingly. 1. The authority citation for Part 73 Maitland. The coordinates for Channel Channel 248C2 can be allotted to Basin continues to read as follows: 237C3 at Maitland are 28–39–38 North City in compliance with the Authority: 47 U.S.C. 154, 303, 334 and 336. Latitude and 81–13–02 West Longitude. Commission’s minimum distance § 73.202 [Amended] Petitioner contends that the proposal separation requirements with a site does not require a Tuck analysis restriction of 7.2 km (4.5 miles) north of 2. Section 73.202(b), the Table of FM because it is relocating from one Basin City. The coordinates sfor Allotments under Florida, is amended community in the Orlando, Florida Channel 248C2 at Basin City are 46–39– by removing Apopka, Channel 237A Urbanized Area to another community 26 North Latitude and 119–10–23 West and by adding Maitland, Channel also located within that Urbanized Area, Longitude. The proposal does not 237C3. but the petition nonetheless contains a require a Tuck analysis because neither 3. Section 73.202(b), the Table of FM Tuck analysis to establish that Maitland the existing Channel 248C3 facility at Allotments under Kansas, is amended is independent of the Orlando Othello nor the proposed Channel by removing Channel 299C at Topeka Urbanized Area. See Supplementary 248C2 facility at Basin City cover any and by adding Shawnee, Channel Information infra. part of any urbanized area within the 70 299C1. 4. Section 73.202(b), the Table of FM DATES: Comments must be filed on or dBu contour. Allotments under Washington, is before March 24, 2003, and reply The Commission further requests amended by adding Basin City, Channel comments on or before April 8, 2003. comment on a petition filed by Cumulus Licensing Corporation pursuant to 248C2 and by removing Othello, ADDRESSES: Federal Communications Section 1.420(i) of the Commission’s Channel 248C3. Commission, Washington, DC 20554. In rules, 47 CFR 1.420(i). Petitioner addition to filing comments with the Federal Communications Commission. proposes to change the community of John A. Karousos, FCC, interested parties should serve allotment and downgrade the license for counsel for the petitioner as follows: Assistant Chief, Audio Division, Media Channel 299C at Topeka, Kansas, to Bureau. Kevin F. Reed, Elizabeth A. M. Channel 299C1 at Shawnee, Kansas, and [FR Doc. 03–3952 Filed 2–18–03; 8:45 am] McFadden, and Nam E. Kim, Dow, to modify the license of KMAJ(FM) Lohnes & Albertson, PLLC (counsel for accordingly. Channel 299C1 can be BILLING CODE 6712–01–P Cox Radio, Inc.), 1200 New Hampshire allotted to Shawnee in compliance with Avenue, NW., Suite 800, Washington, the Commission’s minimum distance DC 20036; Barry A. Friedman, FEDERAL COMMUNICATIONS separation requirements with a site COMMISSION Thompson Hine LLP (counsel for restriction of 41.3 km (25.6 miles) west Wheeler Broadcasting, Inc.), 1920 N of Shawnee. The coordinates for 47 CFR Part 73 Street, NW., Suite 800, Washington, DC Channel 299C1 at Shawnee are 39–09– 20036–1600; and Mark N. Lipp and J. 06 North Latitude and 95–09–28 West [DA 03–273; MB Docket No. 03–29, RM– Thomas Nolan, Shook, Hardy & Bacon Longitude. Petitioner contends that the 10643; MB Docket No. 03–30, RM–10644] (counsel for Cumulus Licensing proposal does not require a Tuck Corporation), 600 Fourteenth Street, Radio Broadcasting Services; analysis because the proposal would Muldrow, OK and Trona, CA NW., Suite 800, Washington, DC 20005– move the station from one urbanized 2004. area to another, but the petition AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: nonetheless contains a Tuck analysis to Commission. Deborah A. Dupont, Media Bureau, establish that Shawnee deserves a first ACTION: Proposed rule. (202) 418–7072. local service preference. SUPPLEMENTARY INFORMATION: This is a The Provisions of the Regulatory SUMMARY: This document proposes two synopsis of the Commission’s Notice of Flexibility Act of 1980 do not apply to allotments in Muldrow, Oklahoma and Proposed Rule Making, MB Docket Nos. this proceeding. Members of the public Trona, California. The Commission 03–24, 03–25, and 03–26; adopted should note that from the time a Notice requests comment on a petition filed by

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David P. Garland proposing the review, all ex parte contacts are coordinates for Channel 264A at Cotulla allotment of Channel 286A at Muldrow, prohibited in Commission proceedings, are 28–26–12 North Latitude and 99– Oklahoma, as the community’s first such as this one, which involve channel 14–05 West Longitude. Since Cotulla is local service. Channel 286A can be allotments. See 47 CFR 1.1204(b) for located within 320 kilometers (199 allotted to Muldrow in compliance with rules governing permissible ex parte miles) of the U.S.-Mexican border, the Commission’s minimum distance contacts. Mexican concurrence has been separation requirements with a site For information regarding proper requested. Channel 229A can also be restriction of 10.02 km (6.52 miles) filing procedures for comments, see 47 allotted to Dilley, Texas, consistent with north of Muldrow. The coordinates for CFR 1.415 and 1.420. minimum distance separation Channel 286A at Muldrow are 35–29–47 requirements of the Commission’s Rules List of Subjects in 47 CFR Part 73 North Latitude and 94–36–04 West provided there is a site restriction 6.3 Longitude. See Supplementary Radio, Radio broadcasting. kilometers (3.9 miles) south of the Information infra. For the reasons discussed in the community. The coordinates for DATES: Comments must be filed on or preamble, the Federal Communications Channel 229A at Dilley are 28–36–56 before March 24, 2003, and reply Commission proposes to amend 47 CFR North Latitude and 99–10–48 West comments on or before April 8, 2003. Part 73 as follows: Longitude. Since Dilley is located ADDRESSES: Federal Communications within 320 kilometers (199 miles) of the Commission, Washington, DC 20554. In PART 73—RADIO BROADCAST U.S.-Mexican border, Mexican addition to filing comments with the SERVICES concurrence has been requested. FCC, interested parties should serve the 1. The authority citation for Part 73 DATES: Comments must be filed on or petitioner as follows: David P. Garland, continues to read as follows: before March 24, 2003, and reply 1110 Hackney Street, Houston, Texas comments on or before April 8, 2003. Authority: 47 U.S.C. 154, 303, 334 and 336. 77023; Dana J. Puopolo, 2134 Oak St., ADDRESSES: Federal Communications Unit C, Santa Monica, California 90405. § 73.202 [Amended] Commission, 445 Twelfth Street, SW., FOR FURTHER INFORMATION CONTACT: 2. Section 73.202(b), the Table of FM Washington, DC 20554. In addition to Deborah A. Dupont, Media Bureau, Allotments under Oklahoma, is filing comments with the FCC, (202) 418–7072. amended by adding Muldrow, Channel interested parties should serve the SUPPLEMENTARY INFORMATION: This is a 286A. petitioner, as follows: Harry C. Martin, synopsis of the Commission’s Notice of 3. Section 73.202(b), the Table of FM Fletcher, Heald & Hildreth, PLC, 1300 Proposed Rule Making, MB Docket Nos. Allotments under California, is North 17th Street, 11th Floor, Arlington, 03–29 and 03–30; adopted January 29, amended by adding Trona, Channel Virginia 22209. 2003 and released January 31, 2003. The 255A. FOR FURTHER INFORMATION CONTACT: full text of this Commission decision is Federal Communications Commission. Rolanda F. Smith, Media Bureau, (202) available for inspection and copying 418–2180. John A. Karousos, during normal business hours in the SUPPLEMENTARY INFORMATION: This is a FCC Reference Information Center Assistant Chief, Audio Division, Media Bureau. summary of the Commission’s Notice of (Room CY–A257), 445 12th Street, SW., Proposed Rule Making, MB Docket No. [FR Doc. 03–3953 Filed 2–18–03; 8:45 am] Washington, DC. The complete text of 03–27, adopted January 29, 2003, and this decision may also be purchased BILLING CODE 6712–01–P released January 31, 2003. The full text from the Commission’s copy contractor, of this Commission decision is available Qualex International, Portals II, 445 FEDERAL COMMUNICATIONS for inspection and copying during 12th Street, SW., Room CY–B402, COMMISSION normal business hours in the Washington, DC 20554, telephone (202) Commission’s Reference Center, 445 863–2893. 47 CFR Part 73 Twelfth Street, SW., Washington, DC The Commission further requests 20554. The complete text of this comment on a petition filed by Dana J. [DA 03–266, MB Docket No. 02–27, RM– decision may also be purchased from 10631] Puopolo proposing the allotment of the Commission’s duplicating Channel 255A at Trona, California, as Radio Broadcasting Services; Cotulla contractor, Qualex International, Portals the community’s first local service. and Dilley, TX II, 445 12th Street, SW., Room CY–B402, Channel 255A can be allotted to Trona Washington, DC 20554, telephone 202– in compliance with the Commission’s AGENCY: Federal Communications 863–2893, facsimile 202–863–2898, or minimum distance separation Commission. via e-mail [email protected]. requirements with a site restriction of ACTION: Proposed rule. Provisions of the Regulatory 6.8 km (4.2 miles) southeast of Trona. Flexibility Act of 1980 do not apply to The coordinates for Channel 255A at SUMMARY: This document requests this proceeding. Trona are 35–43–51 North Latitude and comments on a Petition for Rule Making Members of the public should note 117–18–28 West Longitude. Petitioner is filed by IH–35 South Broadcasters that from the time a Notice of Proposed required to submit sufficient proposing the allotment of Channel Rule Making is issued until the matter information to establish that Trona 264A to Cotulla, Texas, as a third local is no longer subject to Commission qualifies as a community for FM FM service. In order to accommodate consideration or court review, all ex allotment purposes. this allotment, the Petitioner also parte contacts are prohibited in The Provisions of the Regulatory proposes the substitution of Channel Commission proceedings, such as this Flexibility Act of 1980 do not apply to 229A for vacant Channel 264A at Dilley, one, which involve channel allotments. this proceeding. Members of the public Texas. Channel 264A can be allotted to See 47 CFR 1.1204(b) for rules should note that from the time a Notice Cotulla, Texas, consistent with the governing permissible ex parte contact. of Proposed Rule Making is issued until minimum distance separation For information regarding proper the matter is no longer subject to requirement of the Commission’s Rules filing procedures for comments, see 47 Commission consideration or court at city reference coordinates. The CFR 1.415 and 1.420.

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