Radio stations; table of assignments: Massachusetts,

[Federal Register: April 4, 2005 (Volume 70, Number 63)]

[Proposed Rules]

[Page 17043-17044]

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

[DOCID:fr04ap05-34]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-708; MB Docket No. 05-108, RM-11178]

Radio Broadcasting Services; Andover and Haverhill, MA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

SUMMARY: This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Audio Division requests comment on a petition filed by Beanpot Broadcasting Corp. pursuant to Section 1.420(i) of the Commission's rules, 47 CFR 1.420(i). Petitioner proposes to change the community of license for Station WXRV(FM) from Haverhill to Andover, Massachusetts, and to change the FM Table of Allotments by deleting Channel 223B at Haverhill, Massachusetts, and by adding Channel 223B at Andover, Massachusetts, as the community's first local aural broadcast service. The proposed coordinates for Channel 223B at Andover, Massachusetts, are 42-46-23 NL and 71-06-01 WL. The allotment will require a site restriction of 13.1 km (8.1 miles) north of Andover. Because the petitioner does not propose to change its transmitter site, there would be neither gain nor loss in the land area or number of persons served. Both Andover and

[[Page 17044]]

Haverhill are located within the Boston Urbanized Area. The proposed change of community requires concurrence in the allotment by the Government of Canada.

DATES: Comments must be filed on or before May 9, 2005, and reply comments on or before May 24, 2005.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for the petitioner as follows: Barry A. Friedman, Esq., Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau (202) 418-7072.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 05-108; adopted March 16, 2005, and released March 18, 2005. The full text of this Commission document 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 contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, (800) 378-3160, or via the company's Web site, http://www.bcpiweb.com. This document does not contain proposed information

collection requirements subject to the Paperwork Reduction Act of 1995, 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).

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 Massachusetts, is amended by removing Haverhill, Channel 223B and by adding Andover, Channel 223B.

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

   [FR Doc. 05-6556 Filed 4-1-05; 8:45 am]

   BILLING CODE 6712-01-P