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FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

CFR Citation: 47 CFR Part 73

DA ID: [DA 08-1711; MB Docket No. 08-150; RM-11390]

NOTICE: PROPOSED RULES

ACTION: Radio Broadcasting Services:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Radio Broadcasting Services; Asbury and Maquoketa, IA, and

DATES: Comments must be filed on or before September 22, 2008, and reply comments on or before October 7, 2008.
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DOCUMENT SUMMARY: The Audio Division at the request of KM Radio of Independence, LLC, licensee of Station KQMGFM, Independence, Iowa, proposes the allotment of Channel 238A at Mineral Point, Wisconsin, as its first local service, and the substitution of Channel *254A, reserved for noncommercial educational (NCE) use, for vacant Channel *238A, reserved for NCE use, at Asbury, Iowa to accommodate a hybrid community of license application, proposing the substitution of Channel 236A for Channel 237A at Independence, Iowa, the reallotment of Channel 236A to Solon, Iowa, and the associated modification of the license of Station KQMGFM. See File No. BPH20070119AEI. To facilitate the hybrid community of license application and the proposed Asbury channel substitution, the Commission issue an order to show cause to Maquoketa Broadcasting Company, licensee of Station KMAQFM, Channel 236A, Maquoketa, Iowa, as to why KMAQFM's channel should not be changed to Channel 237A at Maquoketa. See Supplementary Information.

SUMMARY: Asbury and Maquoketa, IA, and Mineral Point, WI,

DOCUMENT BODY 2: Mineral Point, WI

SUPPLEMENTAL INFORMATION

This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 08150, adopted July 30, 2008, and released August 1, 2008. 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, CYA257, 445 Twelfth Street, SW., Washington, DC 20554. This document may also be purchased from the Commission's duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CYB402, Washington, DC 20554, telephone 18003783160 or via email http://www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 10413. 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 107198, see 44 U.S.C. 3506(c)(4).

A staff engineering analysis confirms that Channel 238A can be allotted to Mineral Point consistent with the minimum distance separation requirements of the Commission's rules at city reference coordinates 425136 NL and 901047 WL. Additionally, a staff engineering analysis indicates that Channel *254A can be allotted to Asbury consistent with the minimum distance separation requirements of the Rules with a site restriction 3.7 kilometers (2.3 miles) southwest of the community located at reference coordinates 422923 NL and 90 4656 WL. Moreover, Channel 237A can be allotted at Station KMAQFM's current licensed site at coordinates 420526 NL and 903743 WL.

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, Radio broadcasting.

For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73RADIO BROADCAST SERVICES

1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336.

Sec. 73.202 [Amended]

2. Section 73.202(b), the Table of FM Allotments under Iowa, is amended by removing Channel *238A and by adding Channel *254A at Asbury.

3. Section 73.202(b), the Table of FM Allotments under Wisconsin, is amended by adding Mineral Point, Channel 238A.
Federal Communications Commission.
Robert A. Haynes,
Senior Attorney.
[FR Doc. E819647 Filed 82508; 8:45 am]
BILLING CODE 671201P

FOR FURTHER INFORMATION CONTACT Rolanda F. Smith, Media Bureau, (202) 4182180.