*Pages 1--4 from Microsoft Word - 3178.doc* Federal Communications Commission DA 00- 1899 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 00- 145 Table of Allotments, ) RM- 9845 FM Broadcast Stations. ) (Lowry City, Missouri) ) NOTICE OF PROPOSED RULE MAKING Adopted: August 9, 2000 Released: August 18, 2000 Comment Date: October 10, 2000 Reply Date: October 25, 2000 By the Chief, Allocations Branch 1. The Commission has before it for consideration a Petition for Rule Making filed by Bott Communications, Inc. (“ Bott”) requesting the allotment of Channel 285A at Lowry City, Missouri, as the community’s first local FM service. Bott indicated that it would file an application for Channel 285A at Lowry City if the channel is allotted to the community. 1 2. In support of its request, Bott states that Lowry City is a community for allotment purposes. Bott further states that Lowry City is an incorporated community of 723 people according to the 1990 U. S. Census with its own Post Office. Lowry City has an elected mayor and four councilmen, city clerk and a treasurer, volunteer fire department, police department, water and sewer departments and provides grades K- 12 schooling through the Lakeland School District. Bott points out that Lowry City has a Chamber of Commerce, four churches, a Boy Scout Troop, 4- H Chapter, Masonic Lodge and a Communit y Bet t erment Associat ion. Bot t also st at es that Truman Lake which is only t hree miles from Lowry City, is a regional recreational center for local residents. Bott asserts that city- grade coverage will be provided to Lowry Cit y from its proposed sit e and t hat 11, 826 people will be served 1 The Clair Group (“ Clair”) filed a Motion to Dismiss Petition for Rule Making and Bott filed an Opposition to Motion to Dismiss Petition for Rule Making to which Clair filed a Reply. Clair and Bott are parties in MM Docket No. 99- 299 involving Osceola, Sedalia, and Wheatland, Missouri. Channel 285A was proposed as an alternate channel in that proceeding to accommodate a counterproposal which conflicted with the proposal for Lowry City. However, an alternate channel was used in Docket 99- 299 which removes the conflict with Channel 285A, permitting issuance of a Notice for Lowry City. Therefore, no consideration will be given to the Motion and comments filed by Clair and Bott. See 14 FCC Rcd 17121 (1999) and Report and Order released August 18, 2000, DA No. 1898. . 1 2 Federal Communications Commission DA 00- 1899 by a station operating on Channel 285A. 3. We believe the proposal warrants consideration because the proposed allotment would provide a first local service to the community of Lowry City. A staff engineering analysis indicates that Channel 285A can be allotted to Lowry City consistent with the minimum distance separation requirement s of t he Commission’s Rules wit h a sit e rest rict ion 13. 5 kilomet ers (8. 4 miles) sout heast of the community. 2 The site restriction will prevent a short spacing to a construction permit for Station KGAR, Channel 286C1, Garden City, Missouri. 4. In view of the fact that the proposed allotment could provide a first local service to Lowry Cit y, the Commission believes it would serve the public int erest to solicit comment s on t he proposal t o allot Channel 285A to Lowry City, Missouri. Therefore, we will seek comment s on the proposed amendment to the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, with respect to Lowry City, Missouri. Channel No. Community Present Proposed Lowry, Missouri ------ 285A 5. The Commission's authority to institute rule making proceedings, showings required, cut- off procedures, and filing requirement s are cont ained in the at t ached Appendix and are incorporat ed by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted. 6. Interested parties may file comments on or before October 10, 2000, and reply comments on or before October 25, 2000, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C., 20554. Additionally, a copy of such comments should be served on the petitioner, as follows: Harry C. Martin Fletcher, Heald & Hildreth, P. L. C. 1300 N. 17 th Street, 11 th Floor Arlington, Virginia 22209 7. The Commission has det ermined that the relevant provisions of t he Regulat ory Flexibilit y Act of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments, Section 73.202( b) of the Commission's Rules. See Certification that Sections 603 and 604 of the Regulatory Flexibilit y Act Do Not Apply to Rule Making to Amend Sect ions 73. 202( b), 73.504 and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 2 The coordinates for Channel 285A at Lowry City are 38- 02- 24 and 93- 38- 28. 2 3 Federal Communications Commission DA 00- 1899 8. For further information concerning this proceeding contact Kathleen Scheuerle, Mass Media Bureau, (202) 418- 2180. For purposes of this restricted notice and comment rule making proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such decision is no longer subject to reconsideration by the commission or review by any court. An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. However, any new written information elicited from such a request or a summary of any new oral information shall be served by the person making the presentation upon other parties to the proceeding unless the Commission specifically waives this service requirement. Any comment which has not been served on the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding. Any reply comment which has not been served on the person( s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in this proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 3 4 Federal Communications Commission DA 00- 1899 APPENDIX 1.Pursuant to authority found in Sections 4( i), 5( c)( 1), 303( g) and (r) and 307( b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204.( b) and 0.283 of the Commission's Rules, IT IS PROPOSED TO AMEND the FM Table of Allotments, Section 73.202( b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is attached. 2. Showings Required. Comments are invited on the proposal( s) discussed in the Notice of Proposed Rule Making to which this Appendix is attached. Proponent( s) will be expected to answer whatever questions are presented in initial comments. The proponent of a proposed allotment is also expected to file comments even if it only resubmits or incorporates by reference its former pleadings. It should also restate its present intention to apply for the channel if it is allotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request. 3. Cut- off Procedures. The following procedures will govern the consideration of filings in this proceeding. (a) Counterproposals advanced in this proceeding itself will be considered if advanced in initial comments, so that parties may comment on them in reply comments. They will not be considered if advanced in reply comments. (See Section 1.420( d) of the Commission's Rules). (b) With respect to petitions for rule making which conflict with the proposal( s) in this Notice, they will be considered as comments in the proceeding, and Public Notice to this effect will be given as long as they are filed before the date for filing initial comments herein. If they are filed later than that, they will not be considered in connection with the decision in this docket. (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved. 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may file comments and reply comments on or before the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached. All submissions by parties to this proceeding or by persons acting on behalf of such parties, must be made in written comments reply comments, or other appropriate pleadings. Comments shall be served on the petitioner by the person filing the comments. Reply comments shall be served on the person( s) who filed comments to which the reply is directed. such comments and reply comments shall be accompanied by a certificate of service. (See Section 1.420( a), (b) and (c) of the Commission's Rules.) Comments should be filed with the Secretary, Federal communications Commission, Washington, D, C. 20554. 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regulations, an original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Public Reference Room at its headquarters, 445 Twelfth Street, SW, Washington, D. C 20554. 4