01-30387. Radio Broadcasting Services; Fremont and Sunnyvale, CA

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

This document requests comments on a petition for rulemaking filed on behalf of Chase Radio Properties, L.L.C., licensee of Station KCNL(FM), Channel 285A, at Fremont, California, requesting the reallotment of Channel 285A from Fremont to Sunnyvale, California, and modification of its authorization accordingly, pursuant to the provisions of section 1.420(i) of the Commission's Rules. Coordinates used for requested Channel 285A at Sunnyvale, California, are 37-18-41 North Latitude and 121-48-58 West Longitude.

Petitioner's reallotment proposal complies with the provisions of section 1.420(i) of the Commission's Rules, and therefore, the Commission will not accept competing expressions of interest in the use of Channel 285A at Sunnyvale, California, or require the petitioner to demonstrate the availability of an additional equivalent class channel.

DATES:

Comments must be filed on or before January 14, 2002, and reply comments on or before January 29, 2002.

ADDRESSES:

Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner's counsel, as follows: Harry C. Martin; Fletcher, Heald & Hildreth, P.L.C.; 1300 North 17th Street, 11th Floor; Arlington, Virginia 22209.

FOR FURTHER INFORMATION CONTACT:

R. Barthen Gorman, Mass Media Bureau, [phone].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Notice of Proposed Rule Making, MM Docket No. 01-322 adopted November 14, 2001, and released

November 23, 2001. 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, 445 12th Street, SW., CY-A257, Washington, DC 20554. This document may also be may also be purchased from the Commission's duplicating contractors, Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, Washington DC 20554, telephone [phone], facsimile 202-863-2898, or via e-mail [e-mail].

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 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 California, is amended by adding Sunnyvale, Channel 285A, and removing Channel 285A at Fremont.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau.