[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Proposed Rules]
[Page 24566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11498]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 99-139; RM-9402; RM-9412]


Radio Broadcasting Services; Princeville, Kapaa and Kalaheo, HI

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on two separately filed 
interrelated petitions for rule making concerning the community of 
Princeville, Hawaii, that have been combined into a single docket for 
consideration. The first proposal, filed on behalf of Vetter 
Communications Co., Inc., permittee of Station KAWT(FM), Channel 255C1, 
Princeville, requests the reallotment of Channel 255C1 to Kapaa, 
Hawaii, as that community's first local aural transmission service and 
modification of its authorization accordingly (RM-9402). The second 
proposal, filed on behalf of The B&GRS Partnership, permittee of 
Station KAYI(FM), Channel 260C1, Princeville, seeks the reallotment of 
Channel 260C1 to Kalaheo, Hawaii, as that community's first local aural 
transmission service and the concomitant modification of its 
authorization (RM-9412). The proposals, filed pursuant to the 
provisions of Sec. 1.420(i) of the Commission's Rules, would leave 
Princeville without local aural transmission service if each is 
granted. Therefore, in the event it is determined that one of the 
allotments must remain at Princeville, the two requests will be 
comparatively considered in accordance with the Modification of FM and 
TV Authorizations to Specify a New Community of License, Memorandum 
Opinion and Order, 5 FCC Rcd 7094 (1990). Coordinates used for Channel 
255C1 at Kapaa are 22-04-42 NL and 159-19-19 WL. Coordinates used for 
Channel 260C1 at Kalaheo are 21-59-54 NL and 159-25-35 WL.

DATES: Comments must be filed on or before June 21, 1999, and reply 
comments on or before July 6, 1999.

ADDRESSES: Secretary, Federal Communications Commission, Washington, DC 
20554. In addition to filing comments with the FCC, interested parties 
should serve the petitioners' counsel, as follows: Harry C. Martin and 
Andrew S. Kersting, Esqs., Fletcher, Heald & Hildreth, P.L.C., 1300 
North 17th Street, 11th Floor, Arlington, VA 22209 (Vetter 
Communications Co., Inc.); and Gary S. Smithwick, Esq., Smithwick & 
Belendiuk, P.C., 1990 M Street, NW., Suite 510, Washington, DC 20036 
(The B&GRS Partnership).

FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 99-139, adopted April 21, 
1999, and released April 30, 1999. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center (Room CY A-257), 445 
Twelfth Street, SW., Washington, DC. The complete text of this decision 
may also be purchased from the Commission's copy contractor, 
International Transcription Service, Inc., 1231 20th Street, NW., 
Washington, DC 20036, (202) 857-3800.

    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. 99-11498 Filed 5-6-99; 8:45 am]
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