Justia Regulation Tracker

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[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Rules and Regulations]               
[Page 63384-63385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-18]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 08-2272; MB Docket No. 07-210; RM-11399]

 
Radio Broadcasting Services; Butte Falls and Netarts, OR

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Audio Division grants a Petition for Rule Making issued at 
the request of Oregon Radio Partners, proposing the allotments of 
Channel 290A at Butte Falls, Oregon and Channel 232C3 at Netarts, 
Oregon, as first local services. Channel 290A at Butte Falls can be 
allotted, consistent with the minimum distance separation requirements 
of the Commission's Rules, at reference coordinates 42-36-19 NL and 
122-24-38 WL with a site restriction of 14.7 kilometers (9.1 miles) 
northeast of Butte Falls. Moreover, Channel 232C3 can be allotted to 
Netarts, consistent with the minimum

[[Page 63385]]

distance separation requirements of the Commission's Rules, at 
reference coordinates 45-27-56 NL and 123-58-11 WL with a site 
restriction of 4 kilometers (2.5 miles) northwest of Netarts. The 
coordinates for Channel 232C3 at Netarts are located 320 kilometers 
from the Canadian border. As such, Canadian concurrence has been 
requested. Canada has approved the allotment, not specially negotiated, 
on Channel 232B1, the international class for this vacant facility. See 
Supplementary Information, supra.

DATES: Effective November 24, 2008.

ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth 
Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MB Docket No. 07-210, adopted October 8, 2008, and released 
October 10, 2008. The Notice of Proposed Rule Making proposed the 
allotment of Channel 290A at Butte Falls and Channel 232C3 at Netarts. 
See 72 FR 59507, published October 22, 2007. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the Commission's Reference Information Center, 
445 Twelfth Street, SW., Washington, DC 20554. The complete text of 
this decision may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or http://
www.BCPIWEB.com. The Commission will send a copy of this Report and 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
    The new Butte Falls and Netarts vacant allotments accommodates two 
hybrid communities of license applications involving Station KTIL-FM, 
Channel 232C3, Tillamook, Oregon and new FM station, Channel 225A, 
Butte Falls, Oregon. See File Nos. BPH-20070125ADO and BNPH-
20060310ACD, respectively. See also 72 FR 14554, published March 28, 
2007 and 72 FR 7032, published February 14, 2007.
    The hybrid community of license application, File No. BPH-
20070125ADO proposes the reallotment of Channel 232C3 at Tillamook to 
Channel 232C2 at Government Camp, Oregon, and modification of the 
Station KTIL-FM license to reflect the change. To accommodate the 
Station KTIL-FM application, we issued Orders to Show Cause (``OTSC'') 
directed to the licensees of Station KXIX, Channel 231C0, Bend, Oregon 
and Station KRXF, Channel 224C2, Sunriver, Oregon. See Letter to GCC 
bend, LLC, Ref. No. 1800B3-HC (MB May 23, 2007) (OTSC to Station KXIX 
licensee) and Letter to Fields Pond Group, Ref. No. 1800B3-HC (MB May 
23, 2007) (OTSC to Station KRXF licensee). No responses were received. 
Therefore, the licensees of Stations KXIX and KRXF are deemed to have 
consented to the channel substitutions with respect to Channel 225C0 at 
Bend, Oregon for Station KXIX and Channel 231C2 at Sunriver, Oregon for 
Station KRXF, respectively. See 47 CFR Section 1.87. See also 
Circleville, Ohio, Second Report and Order, 8 FCC 2d 159 (1967). 
Additionally, the hybrid community of license application, File No. 
BNPH-20060310ACD, proposes the reallotment of Channel 225A from Butte 
Falls to Talent, Oregon, and modification of the new FM station license 
to specify operation at Talent. The applications, File Nos. BPH-
20070125ADO and BNPH-20060310ACD were granted simultaneously with the 
release of the aforementioned Report and Order.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

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As stated in the preamble, the Federal Communications Commission amends 
47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

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1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.

Sec.  73.202  [Amended]

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2. Section 73.202(b), the Table of FM Allotments under Oregon, is 
amended by adding Butte Falls, Channel 290A and by adding Netarts, 
Channel 232C3.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E8-25466 Filed 10-23-08; 8:45 am]

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