03-18807. Radio Broadcasting Services; Marmet and Montgomery, WV

AGENCY:

Federal Communications Commission.

ACTION:

Proposed rule.

SUMMARY:

This document requests comments on a petition for rule making filed by Educational Media Foundation, licensee of Station WKVW(FM), Channel 227A, Montgomery, West Virginia. The petition proposes to change Station WKVW(FM)'s community of license from Montgomery to Marmet, West Virginia, and provide Marmet with its first local aural transmission service. The coordinates for requested Channel 227A at Marmet, West Virginia, are 38-13-09 NL and 81-25-05 WL, with a site restriction of 13.4 kilometers (8.3 miles) east of Marmet.

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 227A at Marmet, West Virginia, or require the petitioner to demonstrate the availability of an additional equivalent class channel.

DATES:

Comments must be filed on or before September 5, 2003, and reply comments on or before September 22, 2003.

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 petitioners' counsel, as follows: David D. Oxenford, Esq., Veronica D. McLaughlin, Esq., and Amy L. Van de Kerckhove, Esq., SHAW PITTMAN LLP; 2300 N Street, NW., Washington, DC 20037-1128.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 03-164, adopted July 9, 2003, and released July 14, 2003. The full text of this Commission decision is available for inspection and copying during regular 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 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
• 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 West Virginia, is amended by adding Marmet, Channel 227A, and removing Montgomery, Channel 227A.

Federal Communications Commission.

John A. Karousos,

Assistant Chief, Audio Division, Media Bureau.