[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)] [Proposed Rules] [Pages 55821-55822] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-27259] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MM Docket No. 95-162, RM-8714] Radio Broadcasting Services; Wellsville, NY AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Commission requests comments on a petition filed by Erin Communications, Inc., seeking the substitution of Channel 278A for Channel 228A at Wellsville, NY, and the modification of Station WJQZ(FM)'s license accordingly. The substitution of channels could enable Station WJQZ(FM) to operate with full Class A facilities of 6 kW instead of its present 3 kW. Channel 278A can be allotted to Wellsville in compliance with the Commission's minimum distance separation requirements with a site restriction of 8.7 kilometers (5.4 miles) southwest, at coordinates 42-13-24 NL; 78-00-34 WL. Canadian concurrence in the allotment is required since Wellsville is located within 320 kilometers (200 miles) of the U.S.-Canadian border. The Commission will not accept competing expressions of interest in use of Channel 278A at Wellsville since the procedures set forth in 1.420(g) of the Commission's Rules do not apply in this case as the Commission generally considers channels of the same class to be equivalent. DATES: Comments must be filed on or before December 21, 1995, and reply comments on or before January 5, 1996. ADDRESSES: Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: James A. Koerner, Esq., Baraff, Koerner, Olender & Hochberg, P.C., Three Bethesda Metro Center, Suite 640, Bethesda, MD 20814-5330 (Counsel to petitioner). 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. 95-162, adopted September 18, 1995, and released October 30, 1995. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Center (Room 239), 1919 M Street, NW., 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, 2100 M Street, NW., Suite 140, Washington, DC 20037. 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. [[Page 55822]] 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. 95-27259 Filed 11-2-95; 8:45 am] BILLING CODE 6712-01-F