Radio stations; table of assignments: California,

[Federal Register: February 24, 2004 (Volume 69, Number 36)]

[Proposed Rules]

[Page 8355-8356]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24fe04-25]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-283; MB Docket No. 04-24; RM-10846]

Radio Broadcasting Services; Lincoln and Yuba City, CA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

SUMMARY: This document requests comments on a petition for rule making filed by Harlan Communications, Inc., licensee of Station KXCL(FM), Channel 280B1, Yuba City, California. The petition proposes to downgrade Channel 280B1 to Channel 280A and to reallot Station KXCL(FM) from Yuba City to Lincoln, California, and to provide Lincoln with its first local aural transmission service. The coordinates for requested Channel 280A at Lincoln, California, are 38-54-45 NL and 121-23-20 WL, with a site restriction of 8.7 kilometers (5.4 miles) west of Lincoln.

Petitioner's reallotment proposal complies with the provisions of Section 1.420(i) of the Commission's Rules, and therefore, the Commission will not accept competing expressions of interest in the use of Channel 280A at Lincoln, California, or require the petitioner to demonstrate the availability of an additional equivalent class channel.

DATES: Comments must be filed on or before April 1, 2004, and reply comments on or before April 16, 2004.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner's counsel, as follows: Lee J. Peltzman, Esq., Shainis & Peltzman, Chartered; 1850 M Street, NW., Suite 240; Washington, DC 20036 and Mark N. Lipp, Esq., Vinson & Elkins, LLP; The Willard Office Building, 1455 Pennsylvania Avenue, NW.; Washington, DC 20004-1008.

FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 04-24, adopted February 4, 2004, and released February 9, 2004. The full text of this Commission decision is available for inspection and copying during regular business hours in the FCC's Reference Information Center at Portals II, 445 12th Street, SW., CY-A257,

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Washington, DC, 20554. This document may also be purchased from the Commission's duplicating contractors, Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail qualexint@aol.com.

The 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 California, is amended by adding Lincoln, Channel 280A and by removing Yuba City, Channel 280B1.

   Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau.

   [FR Doc. 04-3963 Filed 2-23-04; 8:45 am]

   BILLING CODE 6712-01-P