Radio stations; table of assignments: North Carolina,

[Federal Register: February 11, 2005 (Volume 70, Number 28)]

[Proposed Rules]

[Page 7220-7221]

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

[DOCID:fr11fe05-15]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-76; MB Docket No. 05-16; RM-11143]

Radio Broadcasting Services; Richlands, Shallotte, Topsail Beach, and Wrightsville Beach, NC

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

SUMMARY: This document requests comments on a Petition for Rule Making filed by Sea-Comm, Inc., (``Petitioner''), licensee of FM Stations WBNU, Shallotte, North Carolina; WWTB, Topsail Beach, North Carolina, and WBNE, Wrightsville Beach, North

[[Page 7221]]

Carolina. Petitioner proposes to upgrade Channel 279C3, Station WBNU, to Channel 279C2 and reallot Channel 279C2 from Shallotte to Wrightsville Beach, North Carolina; to downgrade Channel 280C3, Station WWTB, to Channel 281A and to reallot Channel 281A from Topsail Beach to Richlands, North Carolina; and to upgrade Station Channel 229A, Station WBNE, to Channel 229C3 and reallot Channel 229C3 from Wrightsville Beach to Topsail Beach. The coordinates for proposed Channel 279C2 at Wrightsville Beach are 33-59-56 NL and 77-54-35 WL, with a site restriction of 25.4 kilometers (15.8 miles) southwest of Wrightsville Beach. The coordinates for proposed Channel 281A at Richlands are 34- 49-40 NL and 77-27-30 WL, with a site restriction of 12.9 kilometers (8.0 miles) southeast of Richlands. The coordinates for proposed Channel 229C3 at Topsail Beach are 34-25-37 NL and 77-38-33 WL, with a site restriction of 7.0 kilometers (4.3 miles) north of Topsail Beach.

Since Petitioner's reallotment proposals comply with the provisions of Section 1.420(i) of the Commission's rules, the Commission will not accept competing expressions of interest in the use of Channel 279C2 at Wrightsville Beach, the use of Channel 281A at Richlands, or the use of Channel 229C3 at Topsail Beach, or require the Petitioner to demonstrate the availability of additional equivalent class channels in those communities.

DATES: Comments must be filed on or before March 21, 2005, and reply comments on or before April 5, 2005.

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: John Griffith Johnson, Jr., Esq.; Paul, Hastings, Janofsky & Walker, LLP; 1299 Pennsylvania Avenue, NW., Tenth Floor; Washington, DC 20004-2400.

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. 05-16, adopted January 26, 2005, and released January 28, 2005. 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, Washington, DC 20554. 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 20554, telephone 1-800-378-3160 or http://www.BCPIWEB.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 North Carolina, is amended by adding Richlands, Channel 281A, by removing Channel 279C3 at Shallotte; by removing Channel 280C3 and adding Channel 229C3 at Topsail Beach; and by removing Channel 229A and adding Channel 279C2 at Wrightsville Beach.

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

   [FR Doc. 05-2704 Filed 2-10-05; 8:45 am]

   BILLING CODE 6712-01-P