[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42573-42574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17103]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[FCC 11-73; MM Docket No. 00-148; RM-9939, RM-10198]
Radio Broadcasting Services; Oklahoma and Texas
AGENCY: Federal Communications Commission.
ACTION: Final rule; application for review.
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SUMMARY: This document denies the Application for Review filed by
Rawhide Radio, LLC, Capstar TX Limited Partnership, Clear Channel
Broadcasting Licenses, Inc., and CCB Texas Licenses, L.P. (``Joint
Petitioners'') of the dismissal of a second alternative proposal to
their Counterproposal in this proceeding because it was technically
defective.
[[Page 42574]]
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Chief, Audio Division,
Media Bureau, (202) 418-2700, or Andrew J. Rhodes, Audio Division,
Media Bureau, (202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Memorandum Opinion and Order, MM Docket No. 00-148, adopted May 5,
2011, and released May 6, 2011. 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., Room CY-A257, Washington, DC 20554. The document may also
be purchased from the Commission's duplicating contractor, Best Copy
and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone 1-800-378-3160 or http://www.BCPIWEB.com.
A Notice of Proposed Rule Making (``NPRM'') in this proceeding
proposed the allotment of a new FM channel at Quanah, Texas. See 65 FR
53689 (September 5, 2000). In response to the NPRM, the Joint
Petitioners filed a mutually exclusive Counterproposal involving 22
communities in Texas and Oklahoma, as well as two alternative
proposals. The staff dismissed the original Counterproposal and the
first alternative proposal for technical defects, and these actions are
not contested by the Joint Petitioners. See 68 FR 26557 (May 16, 2003).
The Joint Petitioners seek review of the dismissal of the second
alternative proposal in the Memorandum Opinion and Order in this
proceeding on the grounds that it was a technically acceptable proposal
and that the staff should have made it the subject of a separate Notice
of Proposed Rule Making. See 69 FR 29242 (May 21, 2004).
The document reasons that, contrary to the Joint Petitioners'
contention, the second alternative proposal had two fatal defects that
prevented its consideration as either a rule making petition or a
counterproposal. Specifically, one of the proposed allotments
conflicted with a previously filed, cut-off allotment proposal in
another proceeding and was impermissibly contingent upon the staff's
approval of a request to withdraw that proposal. Another proposed
reallotment had an unsuitable transmitter site located in or near the
Colorado River. Because counterproposals must be technically correct
and substantially complete when filed, the second alternative proposal
was properly dismissed. To the extent that curative amendments have
been allowed in some cases, the document finds that this practice has
been inconsistently applied and the public interest is better served by
no longer entertaining curative amendments for counterproposals or FM
allotment rule making proposals.
The Commission will not send a copy of this Memorandum Opinion and
Order to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
Application for Review was denied.
Provisions of the Regulatory Flexibility Act of 1980 do not apply
to this proceeding. See 46 FR 11549 (February 9, 1981).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-17103 Filed 7-18-11; 8:45 am]
BILLING CODE 6712-01-P