7220 Federal Register / Vol. 70, No. 28 / Friday, February 11, 2005 / Proposed Rules

Marion County, Inc., licensee of Station can be allotted to Norwood provided For information regarding proper WLSK(FM), Channel 265C3, Lebanon, there is a site restriction of 9.4 filing procedures for comments, see 47 Kentucky. See Supplementary kilometers (5.8 miles) southwest at CFR 1.415 and 1.420. Information. coordinates 39–07–19 NL and 84–32–52 List of Subjects in 47 CFR Part 73 DATES: Comments must be filed on or WL. Channel 266A can be allotted to before March 21, 2004, and reply Erlanger at Station’s WIZF current Radio, Radio broadcasting. comments on or before April 5, 2005. license site at coordinates 39–06–18 NL For the reasons discussed in the and 84–33–24 WL. Channel 265A can be ADDRESSES: Federal Communications preamble, the Federal Communications allotted to Madison at its current Commission, 445 Twelfth Street, SW., Commission proposes to amend 47 CFR reference site at coordinates 38–49–15 Washington, DC. 20554. In addition to Part 73 as follows: NL and 85–18–46 WL. Channel 267B1 filing comments with the FCC, can be allotted to Richmond provided PART 73—RADIO BROADCAST interested parties should serve the there is a site restriction of 11.6 SERVICES petitioner, his counsel, or consultant, as kilometers (7.2 miles) northwest at follows: Mark N. Lipp, Esq., J. Thomas 1. The authority citation for part 73 coordinates 39–55–09 NL and 84–57–47 Nolan, Esq., Scott Woodworth, Esq, continues to read as follows: WL. Channel 265A can be allotted to Counsel, Rodgers Broadcasting Lebanon provided there is a site Authority: 47 U.S.C. 154, 303, 334 and 336. Corporation, Vinson & Elkins, LLP, 1455 restriction 9.6 kilometers (6.0 miles) Pennsylvania Avenue, NW., Suite 600, § 73.202 [Amended] northeast at coordinates 37–38–50 NL Washington, DC 20004 and John F. and 85–11–50 WL. 2. Section 73.202(b), the Table of FM Garziglia, Esq., Howard Barr, Esq., The second proposal, jointly filed by Allotments under Indiana, is amended Counsel for Washington County CBC, Washington County CBC, Inc., licensee by removing Connersville, Channel Inc., Elizabethtown CBC, Inc., and CBC of Station WAKY–FM, Channel 274A, 262B, by removing Channel *266A and of Marion County, Inc., Womble Carlyle Springfield, Kentucky, Elizabethtown adding Channel *265A at Madison, by Sandridge & Rice, PLLC, 1401 Eye CBC, Inc. requests the reallotment of removing Channel 267B and by adding Street, NW., Seventh Floor, Washington, Channel 297A from Lebanon Junction to Channel 267B1 at Richmond. DC 20005. New Haven, Kentucky, as its first local 3. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: service and modification of the Station Allotments under Kentucky, is amended Rolanda F. Smith, Media Bureau, (202) WTHX(FM) license. To prevent removal by removing Channel 265A and adding 418–2180. of Lebanon Junction’s sole local service, Channel 266A at Erlanger, by removing SUPPLEMENTARY INFORMATION: This is a the Joint Petitioners proposes the Lebanon, Channel 265C3, by removing synopsis of the Commission’s Notice of reallotment of Channel 274A from Channel 297A and adding Channel Proposed Rule Making, MB Docket No. Springfield to Lebanon Junction, 274A at Lebanon Junction, by adding 05–17, adopted January 26, 2005 and Kentucky and modification of the New Haven, Channel 297A and by released January 28, 2005. The full text Station WAKY–FM license. Moreover, removing Channel 274A and adding of this Commission decision is available to prevent removal of Springfield’s sole Channel 265A at Springfield. for inspection and copying during local service, the Joint Petitioners 4. Section 73.202(b), the Table of FM regular business hours at the FCC’s requests the substitution of Channel Allotments under Ohio, is amended by Reference Information Center, Portals II, 265A for Channel 265C3 at Lebanon, adding Norwood, Channel 262A. 445 Twelfth Street, SW., Room CY– Kentucky, reallotment of Channel 265A Federal Communications Commission. A257, Washington, DC 20554. The from Lebanon to Springfield, Kentucky John A. Karousos, complete text of this decision may also and modification of the Station be purchased from the Commission’s Assistant Chief, Audio Division, Media WLSK(FM) license. Channel 297A can Bureau. duplicating contractor, Best Copy and be reallotted to New Haven provided [FR Doc. 05–2705 Filed 2–10–05; 8:45 am] Printing, Inc., 445 12th Street, SW., there is a site restriction 12.4 kilometers Room CY–B402, Washington, DC, (7.7 miles) northwest at coordinates 37– BILLING CODE 6712–01–P 20054, telephone 1–800–378–3160 or 43–00 NL and 85–42–38 WL. Channel http://www.BCPIWEB.com. 274A can be reallotted to Lebanon The first proposal, filed by Rodgers FEDERAL COMMUNICATIONS Junction provided there is a site COMMISSION Broadcasting seeks the substitution of restriction 13.8 kilometers (8.6 miles) Channel 262A for Channel 262B at southeast at coordinates 37–46–07 NL 47 CFR Part 73 Connersville, Indiana, reallotment of and 85–35–57 WL. Channel 265A can be Channel 262A from Connersville, reallotted to Springfield provided there [DA 05–76; MB Docket No. 05–16; RM– 11143] Indiana to Norwood, Ohio, as its first is a site restriction 4.8 kilometers (3.0 local service and modification of Station miles) at coordinates 37–38–50 NL and Radio Broadcasting Services; WIFE(FM) license accordingly. Rodgers 85–11–50 WL. Richlands, Shallotte, Topsail Beach, Broadcasting also requests the Provisions of the Regulatory and Wrightsville Beach, NC substitution of Channel *265A for Flexibility Act of 1980 do not apply to vacant Channel *266A at Madison, this proceeding. AGENCY: Federal Communications Indiana; substitution of Channel 267B1 Members of the public should note Commission. for Channel 267B at Richmond, Indiana that from the time a Notice of Proposed ACTION: Proposed rule. and modification of the FM Station Rule Making is issued until the matter WFMG license; substitution of Channel is no longer subject to Commission SUMMARY: This document requests 266A for Channel 265A at Erlanger, consideration or court review, all ex comments on a Petition for Rule Making Kentucky and modification of the FM parte contacts are prohibited in filed by Sea-Comm, Inc., (‘‘Petitioner’’), Station WIZF license; and substitution Commission proceedings, such as this licensee of FM Stations WBNU, of Channel 265A for Channel 265C3 at one, which involve channel allotments. Shallotte, North Carolina; WWTB, Lebanon, Kentucky and modification of See 47 CFR 1.1204(b) for rules Topsail Beach, North Carolina, and the WLSK(FM) license. Channel 262A governing permissible ex parte contact. WBNE, Wrightsville Beach, North

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Carolina. Petitioner proposes to upgrade Commission’s duplicating contractors, FEDERAL COMMUNICATIONS Channel 279C3, Station WBNU, to Best Copy and Printing, Inc., Portals II, COMMISSION Channel 279C2 and reallot Channel 445 12th Street, SW., Room CY–B402, 279C2 from Shallotte to Wrightsville Washington, DC 20554, telephone 1– 47 CFR Part 73 Beach, North Carolina; to downgrade 800–378–3160 or http:// [DA 05–73; MB Docket No. 05–13, RM– Channel 280C3, Station WWTB, to www.BCPIWEB.com. 11078; MB Docket No. 05–14; RM 11088; Channel 281A and to reallot Channel MB Docket No. 05–15, RM–11148] 281A from Topsail Beach to Richlands, The provisions of the Regulatory North Carolina; and to upgrade Station Flexibility Act of 1980 do not apply to Radio Broadcasting Services; Channel 229A, Station WBNE, to this proceeding. Groveland, CA and Powers, OR; Channel 229C3 and reallot Channel Members of the public should note Zapata, TX 229C3 from Wrightsville Beach to that from the time a Notice of Proposed Topsail Beach. The coordinates for AGENCY: Federal Communications Rule Making is issued until the matter Commission. proposed Channel 279C2 at Wrightsville is no longer subject to Commission ACTION: Proposed rule. Beach are 33–59–56 NL and 77–54–35 consideration or court review, all ex WL, with a site restriction of 25.4 parte contacts are prohibited in kilometers (15.8 miles) southwest of SUMMARY: The Audio Division requests Commission proceedings, such as this Wrightsville Beach. The coordinates for comments on a petition filed by 105 proposed Channel 281A at Richlands one, which involve channel allotments. Mountain Air, Inc., proposing the are 34–49–40 NL and 77–27–30 WL, See 47 CFR 1.1204(b) for rules allotment of Channel 264A at with a site restriction of 12.9 kilometers governing permissible ex parte contacts. Groveland, California, as the (8.0 miles) southeast of Richlands. The For information regarding proper community’s first local commercial FM coordinates for proposed Channel filing procedures for comments, See 47 transmission service. Channel 264A can 229C3 at Topsail Beach are 34–25–37 CFR 1.415 and 1.420. be allotted to Groveland in compliance NL and 77–38–33 WL, with a site with the Commission’s minimum restriction of 7.0 kilometers (4.3 miles) List of Subjects in 47 CFR Part 73 distance city reference coordinates. The coordinates for Channel 264A at north of Topsail Beach. Radio, Radio broadcasting. Since Petitioner’s reallotment Groveland are 37–50–45 North Latitude proposals comply with the provisions of For the reasons discussed in the and 120–12–00 West Longitude. Section 1.420(i) of the Commission’s preamble, the Federal Communications The Audio Division requests rules, the Commission will not accept Commission proposes to amend 47 CFR comments on a petition filed by Mike competing expressions of interest in the part 73 as follows: Chavez proposing the allotment of use of Channel 279C2 at Wrightsville Channel 293C2 at Powers, Oregon, as Beach, the use of Channel 281A at PART 73—RADIO BROADCAST the community’s first local aural Richlands, or the use of Channel 229C3 SERVICES transmission service. Channel 293C2 at Topsail Beach, or require the can be allotted to Powers in compliance Petitioner to demonstrate the 1. The authority citation for part 73 with the Commission’s minimum availability of additional equivalent continues to read as follows: distance separation requirements at city class channels in those communities. reference coordinates. The coordinates Authority: 47 U.S.C. 154, 303, 334, and for Channel 293C2 at Powers are 42–53– DATES: Comments must be filed on or 336. before March 21, 2005, and reply 01 North Latitude and 124–04–19 West comments on or before April 5, 2005. § 73.202 [Amended] Longitude. See Supplementary Information, infra. ADDRESSES: Secretary, Federal 2. Section 73.202(b), the Table of FM DATES: Comments must be filed on or Communications Commission, 445 12th Allotments under North Carolina, is Street, SW., Room TW–A325, before March 21, 2005, reply comments amended by adding Richlands, Channel on or before April 5, 2005. Washington, DC 20554. In addition to 281A, by removing Channel 279C3 at filing comments with the FCC, ADDRESSES: Federal Communications Shallotte; by removing Channel 280C3 interested parties should serve the Commission, Washington, DC 20554. In and adding Channel 229C3 at Topsail petitioner’s counsel, as follows: John addition to filing comments with the Beach; and by removing Channel 229A Griffith Johnson, Jr., Esq.; Paul, FCC, interested parties should serve the Hastings, Janofsky & Walker, LLP; 1299 and adding Channel 279C2 at petitioner, or its counsel or consultant, Pennsylvania Avenue, NW., Tenth Wrightsville Beach. as follows: Robert Eurich, President, 105 Floor; Washington, DC 20004–2400. Federal Communications Commission. Mountain Air, Inc., 7179 N. Van Ness, FOR FURTHER INFORMATION CONTACT: R. John A. Karousos, Fresno, California 93711 (Petitioner); and Mikel Chavez, P.O. Box 400, Barthen Gorman, Media Bureau, (202) Assistant Chief, Audio Division, Media Coquille, Oregon 97423 (Petitioner); 418–2180. Bureau. SUPPLEMENTARY INFORMATION: This is a Jeraldine Anderson, 1702 Cypress Drive, [FR Doc. 05–2704 Filed 2–10–05; 8:45 am] Irving, Texas 75061 (Petitioner). synopsis of the Commission’s Notice of BILLING CODE 6712–01–P Proposed Rule Making, MB Docket No. FOR FURTHER INFORMATION CONTACT: 05–16, adopted January 26, 2005, and Sharon P. McDonald, Media Bureau, released January 28, 2005. The full text (202) 418–2180. of this Commission decision is available SUPPLEMENTARY INFORMATION: This is a for inspection and copying during synopsis of the Commission’s Notice of regular business hours in the FCC’s Proposed Rule Making, MB Docket No. Reference Information Center at Portals 05–13, MB Docket No. 05–14, MB II, 445 12th Street, SW., CY–A257, Docket No. 05–15, adopted January 26, Washington, DC 20554. This document 2005, and released January 28, 2005. may also be purchased from the The full text of this Commission

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