04-10577. Radio Broadcasting Services; Linden and Marion, AL

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

The Audio Division, at the request of Beckham Palmer, III, as Receiver, reallots Channel 275C2 from Linden to Marion, Alabama, and modifies Station WNPT-FM's license accordingly. See 68 FR 43703, July 24, 2003. Channel 275C2 can be reallotted to Marion in compliance with the Commission's minimum distance separation requirement with a site restriction of 9 kilometers (5.6 miles) northwest at petitioner's requested site. The coordinates for Channel 275C2 at Marion are 32-41-00 North Latitude and 87-23-39 West Longitude.

DATES:

Effective June 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Media Bureau, [phone].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Report and Order, MB Docket No. 03-162, adopted April 12, 2004, and released April 14, 2004. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC. The complete text of this decision may also be purchased from the Commission's copy contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20054.

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

Part 73 of title 47 of the Code of Federal Regulations is amended 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 Alabama, is amended by removing Channel 275C2 at Linden; and by adding Marion, Channel 275C2.

Federal Communications Commission.

John A. Karousos,

Assistant Chief, Audio Division, Media Bureau.