# [Amended]
**AGENCY:**
Federal Communications Commission.
**ACTION:**
Proposed rule.
**SUMMARY:**
This document requests comments on a Petition for Rule Making filed by Linda A. Davidson requesting the allotment of Channel 290A at Milner, Georgia, as the community's first local aural transmission service. Channel 290A can be allotted to Milner in compliance with the Commission's rules provided there is a site restriction of 11.9 kilometers (7.4 miles) northeast of Milner. The proposed reference coordinates for Channel 290A at Milner are 33-09-44 North Latitude and 84-04-51 West Longitude. To accommodate this allotment, this document also proposes the substitution of Channel 232A for vacant FM Channel 290A at Ellaville, Georgia. Channel 232A can be allotted to Ellaville in compliance with the Commission's rules provided there is a site restriction of 14.5 kilometers (9.0 miles) east at coordinates 32-16-53 NL and 84-09-52 WL. Petitioner also requests the allotment of Channel 290A at Plains, Georgia, as its first local aural transmission service. Channel 290A can be allotted to Plains in compliance with the Commission's rules provided there is a site restriction of 14.7 kilometers (9.1 miles) northeast at coordinates 32-06-51 NL and 84-16-10 WL.
**DATES:**
Comments must be filed on or before May 9, 2005, and reply comments on or before May 24, 2005.
**ADDRESSES:**
Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, as follows: Linda A. Davidson, 2134 Oak Street, Unit C, Santa Monica, California 90405.
**FOR FURTHER INFORMATION CONTACT:**
Rolanda F. Smith, Media Bureau, (202) 418-2180.
**SUPPLEMENTARY INFORMATION:**
This is a summary of the Commission's Notice of Proposed Rule Making, MB Docket No. 05-106, 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 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 1-800-378-3160 or *http://www.BCPIWEB.com* . 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).
Provisions of the Regulatory Flexibility Act of l980 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* contact.
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 73—RADIO BROADCAST SERVICES**
1. The authority citation for part 73 continues to read as follows:
**Authority:**
47 U.S.C. 154, 303, 334 and 336.
§ 73.202
2. Section 73.202(b), the Table of FM Allotments under Georgia, is amended by removing Channel 290A and by adding Channel 232A at Ellaville, by adding Milner, Channel 290A and by adding Plains, Channel 290A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.