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FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

CFR Citation: 47 CFR Part 73

DA ID: [DA 02-620; MM Docket No. 99-244; RM-9678, 9873]

NOTICE: RULES

ACTION: Radio stations; table of assignments:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Radio Broadcasting Services; Cumberland, KY and Weber City, Glade Spring, Marion, Richlands and Grundy, VA.

DATES: Effective May 3, 2002. A window for Channel 274A at Glade Spring, Virginia, will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order.

DOCUMENT SUMMARY: The Commission, at the request of Holston Valley Broadcasting Corporation, allots Channel 274A at Glade Spring, Virginia, as the community's first local aural transmission service (RM9873). To accommodate the allotment, we will (1) substitute Channel 263A for Channel 273A at Marion, Virginia, and modify Station WOLDFM's license accordingly; (2) substitute Channel 249A for Channel 264A at Richlands, Virginia, and modify Station WRICFM's license accordingly; and (3) substitute Channel 2654A for Channel 249A at Grundy, Virginia, and modify Station WMJD(FM)'s license accordingly. We also deny the petition for rule making filed by Cumberland City Broadcasting Company requesting the substitution of Channel 274C3 for Channel 274A at Cumberland, the reallotment of Channel 274C3 from Cumberland to Weber City, Virginia, and the modification of Station WSEH(FM)'s license accordingly (RM9678). See 64 FR 37925, July 14, 1999. See
Supplementary Information, infra.

SUMMARY: Kentucky and Virginia,


SUPPLEMENTAL INFORMATION

This is a synopsis of the Commission's Report and Order, MM Docket No. 99244, adopted March 6, 2002, and released March 19, 2002. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CYA257), 445 12th Street, SW., Washington, DC. The complete text of this decision may also be purchased from the Commission's copy contractor, Qualex International, Portals II, 445 12th Street, SW., Room CYB402, Washington, DC 20054.

Channel 274A can be allotted to Glade Spring in compliance with the Commission's minimum distance separation requirements with a site restriction of 13.3 kilometers (8.3 miles) east at petitioner's requested site. The coordinates for Channel 274A at Glade Spring are 364515 North Latitude and 813756 West Longitude. Additionally, Channel 263A can be substituted at Marion with a site restriction of 2.2 kilometers (1.3 miles) north at
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petitioner's requested site. The coordinates for Channel 263A at Marion are 365123 North Latitude and 813021 West Longitude. Channel 249A can be substituted at Richlands at Station WRICFM's presently licensed site. The coordinates for Channel 249A at Richlands are 370904 North Latitude and 815356 West Longitude. Channel 264A can be substituted at Grundy at Station WMJD(FM)'s presently licensed site. The coordinates for Channel 264A at Grundy are 371808 North Latitude and 820704 West Longitude.

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 broadcasting.

Part 73 of Title 47 of the Code of Federal Regulations is amended as follows:

PART 73RADIO BROADCAST SERVICES

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]

2. Section 73.202(b), the Table of FM Allotments under Virginia, is amended by adding Glade Spring, Channel 274A; by removing Channel 273A and adding Channel 263A at Marion; by removing Channel 264A and adding Channel 249A at Richlands; and by removing Channel 249A and adding Channel 264A at Grundy.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau.
[FR Doc. 027975 Filed 4202; 8:45 am] BILLING CODE 671201P

FOR FURTHER INFORMATION CONTACT Sharon P. McDonald, Mass Media Bureau, (202) 4182180.


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