Radio Broadcasting Services; Caliente and Moapa, NV; and Hermitage and Mercer, PA, 19408-19409 [05-7081]

Download as PDF 19408 Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules 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, https://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 Commission further requests comment on a petition filed by Charles Crawford. Petitioner proposes the allotment of channel 278A at Roma, Texas, as a first local FM service. Channel 278A can be allotted at Roma in compliance with the Commission’s minimum distance separation requirements with a site restriction of 10.0 km (6.2 miles) east of Roma. The proposed coordinates for Channel 278A at Roma are 26–26–05 North Latitude and 98–55–16 West Longitude. The Commission further requests comment on a petition filed by Charles E. See. Petitioner proposes the allotment of Channel 239A at Romney, West Virginia, as a first local FM service. Channel 239A can be allotted at Romney in compliance with the Commission’s minimum distance separation requirements at center city reference coordinates without a site restriction. The proposed coordinates for Channel 239A at Romney are 39–20– 31 North Latitude and 78–45–24 West Longitude. 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: VerDate jul<14>2003 15:00 Apr 12, 2005 Jkt 205001 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. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Arkansas, is amended by adding Strong, Channel 296C3. 3. Section 73.202(b), the Table of FM Allotments under Texas, is amended by adding Channel 278A at Roma. 4. Section 73.202(b), the Table of FM Allotments under West Virginia, is amended by adding Channel 239A at Romney. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 05–7080 Filed 4–12–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 05–757; MB Docket No. 05–145, RM– 11212; MB Docket No. 05–146, RM–11213] Radio Broadcasting Services; Caliente and Moapa, NV; and Hermitage and Mercer, PA Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: This document proposes two change of community reallotments for Caliente and Moapa, Nevada; and Mercer and Hermitage, Pennsylvania. The Audio Division requests comments on a petition filed by Cumulus Licensing LLC, proposing the reallotment of Channel 233C from Caliente to Moapa, Nevada, and the modification of the new FM station’s construction permit (File No. BNH– 20050103AFD) accordingly. Channel 233C can be reallotted to Moapa in compliance with the Commission’s minimum distance separation requirements with a site restriction of 63.0 kilometers (39.2 miles) north at Petitioner’s authorized construction permit site. The coordinates for Channel 233C at Moapa are 37–14–37 NL and 114–36–01 WL. In accordance with the provisions of Section 1.420(i) of the Commission’s Rules, we will not accept competing expressions of interest for the use of Channel 233C at Moapa, Nevada, or require Petitioner to demonstrate the existence of an equivalent class channel PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 for the use of other interested parties. See SUPPLEMENTARY INFORMATION, infra. DATES: Comments must be filed on or before May 10, 2005, reply comments on or before May 25, 2005. ADDRESSES: Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: Marnie K. Sarver, Esq., Wiley, Rein & Fielding LLP, 1776 K Street, NW., Washington, DC 10006 (Counsel for Aurora Media, LLC) and Mark N. Lipp, Esq., Vinson and Elkins, L.L.P., 1455 Pennsylvania Ave., NW., Suite 600, Washington, DC 20004–1008 (Counsel for Cumulus Licensing LLC). 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. 05-145 and MB Docket No. 05–146, adopted March 21, 2005, and released March 23, 2005. The full text of this Commission decision 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. This document may also be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20054, telephone 1– 800–378–3160 or https:// 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 Audio Division requests comments on a petition filed by Cumulus Licensing, LLC, proposing the reallotment of Channel 280A from Mercer to Hermitage, Pennsylvania, and the modification of Station WWIZ(FM)’s license accordingly. Channel 280A can be reallotted to Hermitage in compliance with the Commission’s minimum distance separation requirements with a site restriction of 7.8 kilometers (4.9 miles) southeast to avoid a short-spacing to the licensed and construction permit site for Station WOGF(FM), Channel 282B, East Liverpool, Ohio. The reference coordinates for Channel 280A at Hermitage are 41–12–16 NL and 80–21– E:\FR\FM\13APP1.SGM 13APP1 Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules 49 WL. Since Hermitage is located within 320 kilometers (200 miles) of the U.S-Canadian border, concurrence of the Canadian government has been requested. In addition, this allotment is short-spaced to vacant Channel 280C1 in Woodstock, Ontario, and we have requested Canadian concurrence of Channel 280A at Hermitage, Pennsylvania, as a specially-negotiated, short-spaced allotment. In accordance with the provisions of Section 1.420(i) of the Commission’s Rules, we will accept competing expressions of interest for the use of Channel 280A at Hermitage, Pennsylvania, or require Petitioner to demonstrate the existence of an equivalent class channel for the 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. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Nevada, is amended by removing Channel 233C1 at Caliente, and adding Moapa, Channel 233C. 3. Section 73.202(b), the Table of FM Allotments under Pennsylvania, is amended by removing Channel 280A at Mercer, and adding Hermitage, Channel 280A. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 05–7081 Filed 4–12–05; 8:45 am] BILLING CODE 6712–01–P VerDate jul<14>2003 15:00 Apr 12, 2005 Jkt 205001 19409 National Oceanic and Atmospheric Administration FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, phone: 907–586– 7228 or e-mail: gretchen.harrington@noaa.gov. 50 CFR Part 679 SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE [Docket No. 050325082–5082–01; I.D. 031705E] RIN 0648–AS90 Fisheries of the Exclusive Economic Zone Off Alaska; License Limitation Program for the Scallop Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: SUMMARY: NMFS proposes regulations to implement Amendment 10 to the Fishery Management Plan for the Scallop Fishery off Alaska (FMP), which would modify the gear endorsements under the license limitation program (LLP) for the scallop fishery. This action is necessary to allow increased participation by LLP license holders in the scallop fisheries off Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws. DATES: Written comments on the proposed rule must be received on or before May 31, 2005. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • E-mail: Scallop10–PR–0648– AS90@noaa.gov. Include in the subject line of the e-mail the following document identifier: Scallop 10 PR. Email comments, with or without attachments, are limited to 5 megabytes. • Mail: P.O. Box 21668, Juneau, AK 99802. • Hand Delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. • Facsimile: 907–586–7557. • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments. Copies of Amendment 10 to the Scallop FMP, and the Environmental Assessment/Regulatory Impact Review/ Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for the amendment are available from NMFS at the mailing address specified above. PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 The North Pacific Fishery Management Council (Council) prepared the FMP under the authority of the Magnuson-Stevens Act. Under the FMP, management of all aspects of the scallop fishery, except limited access, is delegated to the State of Alaska (State). Federal regulations governing the scallop fishery appear at 50 CFR parts 600 and 679. State regulations governing the scallop fishery appear in the Alaska Administrative Code (AAC) at 5 AAC Chapter 38-Miscellaneous Shellfish. State regulations establish guideline harvest levels (GHL) for different scallop registration areas, fishing seasons, open and closed fishing areas, observer coverage requirements, bycatch limits, gear restrictions, and measures to limit processing efficiency (including a ban on the use of mechanical shucking machines and a limitation on crew size). The gear regulations limit vessels to using no more than two 15 ft (4.5 m) dredges, except in State Scallop Registration Area H (Cook Inlet) where vessels are limited to using a single 6 ft (1.8 m) scallop dredge. The Council has submitted Amendment 10 for Secretarial review, and a Notice of Availability of the amendment was published on March 24, 2005, with comments on the FMP amendment invited through May 23, 2005 (70 FR 15063). Comments may address the FMP amendment, this proposed rule, or both, but must be received by May 23, 2005, to be considered in the approval/disapproval decision on the FMP amendment. Beginning in 2001, NMFS has required a Federal scallop LLP license on board any vessel deployed in the scallop fisheries in Federal waters off Alaska. The LLP was implemented through approval of Amendment 4 to the FMP by the Secretary on June 8, 2000, and the final rule implementing Amendment 4 was published December 14, 2000 (65 FR 78110). The LLP was established to limit harvesting capacity in the Federal scallop fishery off Alaska. NMFS issued a total of nine LLP licenses. Licenses were issued to holders of either Federal or State moratorium permits who used their permits to make legal landings of scallops in each of any two calendar years during the period beginning January 1, 1996, through October 9, 1998. The licenses authorize their holders to catch and retain scallops in E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Proposed Rules]
[Pages 19408-19409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7081]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-757; MB Docket No. 05-145, RM-11212; MB Docket No. 05-146, RM-
11213]


Radio Broadcasting Services; Caliente and Moapa, NV; and 
Hermitage and Mercer, PA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes two change of community reallotments 
for Caliente and Moapa, Nevada; and Mercer and Hermitage, Pennsylvania.
    The Audio Division requests comments on a petition filed by Cumulus 
Licensing LLC, proposing the reallotment of Channel 233C from Caliente 
to Moapa, Nevada, and the modification of the new FM station's 
construction permit (File No. BNH-20050103AFD) accordingly. Channel 
233C can be reallotted to Moapa in compliance with the Commission's 
minimum distance separation requirements with a site restriction of 
63.0 kilometers (39.2 miles) north at Petitioner's authorized 
construction permit site. The coordinates for Channel 233C at Moapa are 
37-14-37 NL and 114-36-01 WL. In accordance with the provisions of 
Section 1.420(i) of the Commission's Rules, we will not accept 
competing expressions of interest for the use of Channel 233C at Moapa, 
Nevada, or require Petitioner to demonstrate the existence of an 
equivalent class channel for the use of other interested parties. See 
Supplementary Information, infra.

DATES: Comments must be filed on or before May 10, 2005, reply comments 
on or before May 25, 2005.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: Marnie 
K. Sarver, Esq., Wiley, Rein & Fielding LLP, 1776 K Street, NW., 
Washington, DC 10006 (Counsel for Aurora Media, LLC) and Mark N. Lipp, 
Esq., Vinson and Elkins, L.L.P., 1455 Pennsylvania Ave., NW., Suite 
600, Washington, DC 20004-1008 (Counsel for Cumulus Licensing LLC).

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. 05-145 and MB Docket No. 
05-146, adopted March 21, 2005, and released March 23, 2005. The full 
text of this Commission decision 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. This 
document may also be purchased from the Commission's copy contractor, 
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room 
CY-B402, Washington, DC 20054, telephone 1-800-378-3160 or https:// 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 Audio Division requests comments on a petition filed by Cumulus 
Licensing, LLC, proposing the reallotment of Channel 280A from Mercer 
to Hermitage, Pennsylvania, and the modification of Station WWIZ(FM)'s 
license accordingly. Channel 280A can be reallotted to Hermitage in 
compliance with the Commission's minimum distance separation 
requirements with a site restriction of 7.8 kilometers (4.9 miles) 
southeast to avoid a short-spacing to the licensed and construction 
permit site for Station WOGF(FM), Channel 282B, East Liverpool, Ohio. 
The reference coordinates for Channel 280A at Hermitage are 41-12-16 NL 
and 80-21-

[[Page 19409]]

49 WL. Since Hermitage is located within 320 kilometers (200 miles) of 
the U.S-Canadian border, concurrence of the Canadian government has 
been requested. In addition, this allotment is short-spaced to vacant 
Channel 280C1 in Woodstock, Ontario, and we have requested Canadian 
concurrence of Channel 280A at Hermitage, Pennsylvania, as a specially-
negotiated, short-spaced allotment. In accordance with the provisions 
of Section 1.420(i) of the Commission's Rules, we will accept competing 
expressions of interest for the use of Channel 280A at Hermitage, 
Pennsylvania, or require Petitioner to demonstrate the existence of an 
equivalent class channel for the 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 Nevada, is 
amended by removing Channel 233C1 at Caliente, and adding Moapa, 
Channel 233C.
    3. Section 73.202(b), the Table of FM Allotments under 
Pennsylvania, is amended by removing Channel 280A at Mercer, and adding 
Hermitage, Channel 280A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-7081 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P
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