01-9679. Television Broadcast Service; Bay City, MI

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

The Commission requests comments on a petition filed by Vista Communications, Inc. and Pelican Broadcasting Company, Inc., mutually exclusive applicants for a construction permit for a new TV station on channel 61 at Bay City, Michigan, requesting the substitution of channel 46 for channel 61+ at Bay City. TV channel 46 can be allotted to Bay City, Michigan, in compliance with section 73.623(c) of the Commission's Rules with a minus offset at coordinates (43-26-07 N. and 84-26-12 W.). However, since the community of Bay City is located within 400 kilometers of the U.S.-Canadian border, concurrence by the Canadian government must be obtained for this proposal. Pursuant to the provisions outlined in the Commission's Public Notice, released November 22, 1999, DA 99-2605, we will not accept competing expressions of interest in the use of television channel 46- at Bay City.

DATES:

Comments must be filed on or before May 31, 2001, and reply comments on or before June 15, 2001.

ADDRESSES:

Federal Communications Commission, 445 12th Street, S.W., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: Vincent A. Pepper, Pepper & Corazzini, LLP, 1776 K Street NW, Suite 200, Washington, DC 20006 (Counsel for Vista Communications); and , Bruce A. Eisen, Kaye, Scholer, Fierman, Hays & Handler, LLP, Suite 1100, 901 15th Street, NW, Washington, DC 20005 (Counsel for Pelican Broadcasting Company, Inc.).

FOR FURTHER INFORMATION CONTACT:

Pam Blumenthal, Mass Media Bureau, [phone].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Notice of Proposed Rule Making, MM Docket No. 01-84, adopted April 6, 2001, and released April 9, 2001. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Center 445 12th Street, S.W., Washington, DC. The complete text of this decision may also be purchased from the Commission's copy contractor, International Transcription Services, Inc., [phone], 1231 20th Street, NW, Washington, DC 20036.

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

• Television broadcasting

For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73—TELEVISION BROADCAST SERVICES

1. The authority citation for part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and 336.

§ 73.606

[Amended]

2. Section 73.606(b), the Table of Television Allotments under Michigan is amended by removing TV Channel 61+ and adding TV Channel 46- at Bay City.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media Bureau.