05-23186. Radio Broadcasting Services; Humboldt and Pawnee City, NE, and Valley Falls, KS

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

This document requests comments on a petition for rulemaking filed by Cumulus Licensing LLC, (“Petitioner”) permittee of an unbuilt construction permit for Channel 244A at Humboldt, Nebraska. Petitioner proposes to substitute Channel 245C2 for Channel 244A at Humboldt, reallot Channel 245C2 to Valley Falls, Kansas, and to modify the construction permit authorization to reflect these changes. The proposed coordinates for Channel 245C2 at Valley Falls are 39-15-00 NL and 95-36-30 WL with a site restriction of 16.5 kilometers (10.2 miles) southwest of the community. In addition, Petitioner proposes to allot Channel 256A at Pawnee City, Nebraska. The proposed coordinates for Channel 256A at Pawnee City are 39-59-28 NL and 96-07-50 WL with a site restriction of 13.7 kilometers (8.2 miles) south of the community.

DATES:

Comments must be filed on or before January 3, 2006, and reply comments on or before January 17, 2006.

ADDRESSES:

Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the Petitioner's counsel as follows: Mark N. Lipp, Esq., Vinson & Elkins L.L.P., 1455 Pennsylvania Ave., NW., Suite 600, Washington, DC 20004-1008.

FOR FURTHER INFORMATION CONTACT:

Helen McLean, Media Bureau, [phone].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 05-310, adopted November 9, 2005, and released November 10, 2005. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, CY-A257, 445 Twelfth Street, SW., Washington, DC. This document may also be purchased from the Commission's duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone [phone] or http://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).

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 Kansas, is amended by adding Valley Falls, Channel 245C2.

3. Section 73.202(b), the Table of FM Allotments under Nebraska, is amended by removing Humboldt, Channel 244A, and by adding Pawnee City, Channel 256A.

Federal Communications Commission.

John A. Karousos,

Assistant Chief, Audio Division, Media Bureau.