Radio Broadcasting Services; Canton and Morristown, NY

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 99-2843, MM Docket No. 99-362, RM-9730]

Radio Broadcasting Services; Canton and Morristown, NY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission requests comments on a petition filed jointly

by Cartier Communications Inc., licensee of Station WVNC, Channel 244A,

Canton, NY, and Waters Communications, Inc., licensee of Station WNCQ-

FM, Channel 275A, Morristown, NY, seeking the substitution of Channel

275C3 for Channel 244A at Canton and the substitution of Channel 244C3

for Channel 275A at Morristown, and the modification of their

respective licenses to specify operation on the higher powered

channels. Comment is requested on whether the proposal should be

considered as an incompatible channel swap pursuant to Section

1.420(g)(3) of the Commission's Rules, as requested by Cartier and

Waters, since a second Class C3 channel, Channel 244C3, is available

for allotment at Canton, with a site restriction of 20.8 kilometers

(12.9 miles) west, at coordinates 44-33-26 NL; 75-25-48 WL. This

allotment would be short-spaced to Channel 243A at Buckingham, Quebec,

and to Station CKOI-FM, Channel 245C1, Verdun, Quebec, Canada. Channel

275C3 can be allotted to Canton in compliance with the Commission's

minimum distance separation requirements, with respect to domestic

allotments, with a site restriction of 12 kilometers (7.4 miles) north,

at coordinates 44-41-51 NL; 75-07-35 WL, to accommodate Cartier's

desired transmitter site. Channel 275C3 at Canton will be short-spaced

to 276A at Valleyfield, Quebec, Canada. Channel 244C3 can be allotted

to Morristown in compliance with the Commission's minimum distance

separation requirements, with respect to domestic allotments, with a

site restriction of 12 kilometers east, at coordinates 44-36-00 NL; 75-

30-00 WL, to accommodate Waters' desired transmitter site. Channel

244C3 at Morristown will be short-spaced to Channel 243A at Buckingham,

Quebec, Canada. Since both communities are located within 320

kilometers of the U.S.-Canadian border and the proposed allotments will

result in short-spacings to Canadian allotments, concurrence by the

Canadian Government in these allotments, as specially negotiated,

short-spaced allotments, must be obtained.

DATES: Comments must be filed on or before February 7, 2000, and reply

comments on or before February 22, 2000.

ADDRESSES: 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, or its counsel or

consultant, as follows: David G. O'Neil, Rini, Coran & Lancellotta,

P.C., 1350 Connecticut Avenue, NW, Suite 900, Washington, DC 20036-1701

(Counsel to petitioners).

FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau,

(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Notice of Proposed Rule Making, MM Docket No. 99-362, adopted December

8, 1999, and released December 17, 1999. 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, SW,

Washington, DC. The complete text of this decision may also be

purchased from the Commission's copy contractor, International

Transcription Services, Inc., (202) 857-3800, 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

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

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

Bureau.

[FR Doc. 00-90 Filed 1-3-00; 8:45 am]

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