[Federal Register: September 9, 2002 (Volume 67, Number 174)]
[Proposed Rules]               
[Page 57203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se02-27]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 02-2063; MM Docket No. 01-104; RM-10103, RM-10323, RM-10324]

 
Radio Broadcasting Services; Auburn, Northport, Tuscaloosa, Camp 
Hill, Gardendale, Homewood, Birmingham, Dadeville, Orrville, Goodwater, 
Pine Level, Jemison, and Thomaston, AL

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; dismissal.

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SUMMARY: At the request of Auburn Network, Inc., the Commission 
dismisses the petition for rule making proposing the allotment of 
Channel 263A at Auburn, Alabama, as the community's second local FM 
transmission service (RM-10103). See 16 FCC Rcd 8937 (2001). We dismiss 
the counterproposal filed by Radio South, Inc., proposing the 
reallotment of Channel 263C1 from Northport to Helena, Alabama, and the 
modification of Station WLXY(FM)'s license accordingly (RM-10323). To 
accommodate the reallotment to Helena, proponent also requested the 
reallotment of Channel 225C1 from Tuscaloosa to Northport, Alabama, and 
the modification of the license for Station WTUG(FM) accordingly as a 
replacement service. We also dismiss the counterproposal filed by Cox 
Radio, Inc., and its wholly-owned subsidiary CXR Holdings, Inc., 
proposing the substitution of Channel 247C2 for Channel 247A at 
Homewood, Alabama, the reallotment of Channel 247C2 from Homewood to 
Gardendale, Alabama, required channel substitutions and site changes, 
and the modification of Station WRLR-FM's license accordingly (RM-
10324). We find that both counterproposals are technically defective 
because they violate section 73.208(a)(1)(i) of the Commission's Rules 
and our policy against acting upon contingent proposals.

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 01-104, adopted August 21, 2002, and 
released August 30, 2002. 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. The complete text of this decision may also be 
purchased from the Commission's copy contractors, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20054.

    Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 02-22755 Filed 9-6-02; 8:45 am]
BILLING CODE 6712-01-P