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Proposed Rule

Radio Broadcasting Services; Ely and Spring Creek, NV

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Federal Communications Commission.


Proposed rule.


This document seeks comment on a petition for rulemaking filed by Ruby Radio Corporation, licensee of Station KCLS(FM), Ely, Nevada, proposing the substitution of Channel 269C1 for Channel 269C3 at Ely, the reallotment of Channel 269C1 from Ely to Spring Creek, Nevada, as the community's first local transmission service, and the modification of the license for Station KCLS(FM) to reflect the new community. Channel 269C1 has been proposed to be reallotted at Spring Creek at a site 31.1 kilometers (19.3 miles) northwest of the community at coordinates 40-5-18 NL and 115-50-58 WL.


Comments or counterproposals must be filed on or before May 9, 2005, and reply comments on or before May 24, 2005.


Secretary, 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's counsel, as follows: David Tillotson, Esq., Law Office of David Tillotson, 4606 Charleston Terrace, NW., Washington, DC 20007-1911.

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Victoria M. McCauley, Media Bureau, (202) 418-2180.

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This is a summary of the Commission's Notice of Proposed Rulemaking, MB Docket No. 05-113, adopted March 16, 2005, and released March 18, 2005. The full text of this Commission decision is available for inspection and copying during normal business hours in the Commission's Reference Center 445 Twelfth Street, SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 20054, telephone 800-378-3160 or This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

The 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.

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List of Subjects in 47 CFR Part 73

  • Radio
  • Radio broadcasting
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For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows:

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1. The authority citation for part 73 continues to read as follows:

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Authority: 47 U.S.C. 154, 303, 334, and 336.

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2. Section 73.202(b), the Table of FM Allotments under Nevada, is amended by removing Channel 269C3 at Ely and adding Spring Creek, Channel 269C1.

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Federal Communications Commission.

John A. Karousos

Assistant Chief, Audio Division, Media Bureau.

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[FR Doc. 05-6553 Filed 4-1-05; 8:45 am]