[Federal Register: March 24, 2005 (Volume 70, Number 56)]
[Proposed Rules]               
[Page 15047-15048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr05-24]                         

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FEDERAL COMMUNICATIONS COMMISSION.

47 CFR Part 73

[DA 05-662; MB Docket No. 05-104; RM-10837, RM-10838]

 
Radio Broadcasting Services; Black Rock, Cave City and Cherokee 
Village, AR, and Thayer, MO

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on two conflicting petitions 
for rulemaking. The first petition was jointly filed by KFCM, Inc. and 
Bragg Broadcasting, Inc., proposing the substitution of Channel 252C2 
for Channel 252C3 at Cherokee Village, Arkansas, the reallotment of 
Channel 252C2 from Cherokee Village to Black Rock, Arkansas, and the 
modification of Station KFCM(FM)'s license accordingly; and the 
reallotment of Channel 222C2 from Thayer, Missouri to Cherokee Village, 
Arkansas, and the modification of Station KSAR(FM)'s license 
accordingly (RM-10837). The second petition was filed by Charles 
Crawford proposing the allotment of Channel 254A at Cave City, 
Arkansas, as the community's first local commercial FM transmission 
service. To accommodate the allotment, Crawford also proposes the 
reclassification of Station KURB(FM) at Little Rock, Arkansas from 253C 
to 253C0, pursuant to the Commission's reclassification procedures (RM-
10838). Channel 252C2

[[Page 15048]]

can be reallotted to Black Rock in compliance with the Commission's 
minimum distance separation requirements with a site restriction of 5.0 
kilometers (3.1 miles) southwest at joint petitioners' requested site. 
The coordinates for Channel 252C2 at Black Rock are 36-05-25 North 
Latitude and 91-08-55 West Longitude. See SUPPLEMENTARY INFORMATION, 
infra.

DATES: Comments must be filed on or before May 5, 2005, and reply 
comments on or before May 20, 2005. Any counterproposal filed in this 
proceeding need only protect Station KURB(FM), Little Rock, Arkansas, 
as a Class C0 allotment.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the following: Jason Roberts, Esq., 
Irwin, Campbell & Tennenwald, P.C., 1730 Rhode Island Ave., NW., Suite 
200, Washington, DC 20036-3101 (Counsel for KFCM, Inc. and Bragg 
Broadcasting, Inc.); and Charles Crawford, 4553 Bordeaux Avenue, 
Dallas, Texas 75205 (Petitioner).

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 05-104, adopted March 9, 
2005, and released March 14, 2005. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center at Portals II, CY-A257, 
445 Twelfth Street, SW., Washington, DC. This document may also be 
purchased from the Commission's duplicating contractors, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20054, telephone 1-800-378-3160 or http://www.BCPIWEB.com.
 This document does not contain proposed information 

collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), 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).
    Additionally, Channel 222C2 can be reallotted to Cherokee Village 
at Station KSAR(FM)'s presently licensed site. The coordinates for 
Channel 222C2 at Cherokee Village are 36-21-58 North Latitude and 91-
28-35 West Longitude. Moreover, Channel 254A can be allotted to Cave 
City with a site restriction of 1.0 kilometers (0.6 miles) southwest to 
avoid a short-spacing to the licensed site of Station WJZN(FM), Channel 
255C1, Munford, Tennessee. The coordinates for Channel 254A at Cave 
City are 35-56-11 North Latitude and 91-33-27 West Longitude. Channel 
253C0 can be reclassified at Little Rock at Station KURB(FM)'s 
presently licensed site. The coordinates for Channel 253C0 at Little 
Rock are 34-47-56 North Latitude and 92-29-44 West Longitude. Pursuant 
to Section 1.420(i) of the Commission's Rules, we will not accept 
competing expressions of interest for the use of Channel 252C2 at Black 
Rock, Arkansas, or the use of Channel 222C2 at Cherokee Village, 
Arkansas, or require the joint petitioners to demonstrate the existence 
of an equivalent class channel for use of other interested parties.
    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 and 336.


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Arkansas, is 
amended by removing Cherokee Village, Channel 252A and adding Black 
Rock, Channel 253C2; by adding Cave City, Channel 254A; and by removing 
Channel 253C and adding Channel 253C0 at Little Rock.
    3. Section 73.202(b), the Table of FM Allotments under Missouri, is 
amended by removing Channel 222C2 at Thayer.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-5855 Filed 3-23-05; 8:45 am]

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