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FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

CFR Citation: 47 CFR Part 73

DA ID: [DA 02-2063; MM Docket No. 01-104; RM-10103, RM-10323, RM-10324]

NOTICE: PROPOSED RULES

ACTION: Radio stations; table of assignments:

DOCUMENT ACTION: Proposed rule; dismissal.

SUBJECT CATEGORY: Radio Broadcasting Services; Auburn, Northport, Tuscaloosa, Camp Hill, Gardendale, Homewood, Birmingham, Dadeville, Orrville, Goodwater, Pine Level, Jemison, and Thomaston, AL

DOCUMENT SUMMARY: At the request of Auburn Network, Inc., the Commission dismisses the petition for rule making proposing the allotment of Channel 263A at Auburn, Alabama, as the community's second local FM transmission service (RM10103). See 16 FCC Rcd 8937 (2001). We dismiss the counterproposal filed by Radio South, Inc., proposing the reallotment of Channel 263C1 from Northport to Helena, Alabama, and the modification of Station WLXY(FM)'s license accordingly (RM10323). To accommodate the reallotment to Helena, proponent also requested the reallotment of Channel 225C1 from Tuscaloosa to Northport, Alabama, and the modification of the license for Station WTUG(FM) accordingly as a replacement service. We also dismiss the counterproposal filed by Cox Radio, Inc., and its whollyowned subsidiary CXR Holdings, Inc., proposing the substitution of Channel 247C2 for Channel 247A at Homewood, Alabama, the reallotment of Channel 247C2 from Homewood to Gardendale, Alabama, required channel substitutions and site changes, and the modification of Station WRLRFM's license accordingly (RM 10324). We find that both counterproposals are technically defective because they violate section 73.208(a)(1)(i) of the Commission's Rules and our policy against acting upon contingent proposals.

SUMMARY: Alabama,

SUPPLEMENTAL INFORMATION

This is a synopsis of the Commission's Report and Order, MM Docket No. 01104, adopted August 21, 2002, and released August 30, 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 contractors, Qualex International, Portals II, 445 12th Street, SW., Room CYB402, Washington, DC 20054.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 0222755 Filed 9602; 8:45 am] BILLING CODE 671201P

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