# [Amended]
**AGENCY:**
Federal Communications Commission.
**ACTION:**
Proposed rule.
**SUMMARY:**
This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Audio Division requests comment on a petition filed by Vernal Enterprises, Inc., pursuant to Section 1.420(i) of the Commission's rules, 47 CFR 1.420(i). Petitioner proposes to change the community of license for Station WHPA(FM) from Barnsboro to Gallitzin, Pennsylvania, and to change the FM Table of Allotments by deleting Channel 228A at Barnsboro, Pennsylvania, and by adding Channel 228A at Gallitzin, Pennsylvania, as the community's first local aural broadcast service. The proposed coordinates for Channel 228A at Gallitzin, Pennsylvania, are 40-36-31 NL and 78-36-21 WL. The allotment will require a site restriction of 14.8 km (9.2 miles) north of Gallitzin.
**DATES:**
Comments must be filed on or before May 9, 2005, and reply comments on or before May 24, 2005.
**ADDRESSES:**
Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for the petitioner as follows: John M. Pelkey, Esq., Garvey, Schubert Barer, 1000 Potomac Street, NW., Fifth Floor, Washington, DC 20007.
**FOR FURTHER INFORMATION CONTACT:**
Deborah A. Dupont, Media Bureau (202) 418-7072.
**SUPPLEMENTARY INFORMATION:**
This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 05-103; adopted March 16, 2005, and released March 18, 2005. The full text of this Commission document is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (800) 378-3160, or via the company's Web site, *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).
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.
**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 Pennsylvania, is amended by removing Barnsboro, Channel 228A, and by adding Gallitzin, Channel 228A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.