*Pages 1--4 from Microsoft Word - 4884.doc* Federal Communications Commission DA 00- 2608 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 00- 238 Table of Allotments, ) RM- 10008 FM Broadcast Stations. ) (Ephraim, Wisconsin) ) NOTICE OF PROPOSED RULE MAKING Adopted: November 8, 2000 Released: November 17, 2000 Comment Date: January 8, 2001 Reply Date: January 23, 2001 By the Chief, Allocations Branch 1. The Commission has before it for consideration a Petition for Rule Making filed by Carrie L. Riordan (“ Riordan”) requesting the allotment of Channel 295A at Ephraim, Wisconsin, as the community’s first local transmission service. Riordan indicated that he would file an application for Channel 295A at Ephraim if the channel is allotted to the community. 2. Riordan submitt ed informat ion showing that Ephraim, Wisconsin, is a communit y deserving of its first local transmission service. Riordan states that Ephraim is a community located in door County in northeastern Wisconsin, that was founded in 1853. Ephraim is served by an elected Village President and four Trustees, Zoning Administrator and Treasurer. There are established Committees wit hin t he village for Buildings and Grounds, Docks and Coast al Management , Communit y Prot ect ion, Roads and Ut ilit ies. Ephraim has its own library, Ephraim Wast ewat er Commission and a Recycling Center. Riordan provided a copy of the Ephraim Business Directory which lists numerous resorts, motels and guest quarters, restaurants and retail shops located in the community which serve local residents and visitors. 3. We believe the proposal warrants consideration because the proposed allotment would provide a first local service to the community of Ephraim, Wisconsin. A staff engineering analysis indicates that Channel 295A can be allotted to Ephraim consistent with the minimum distance separation requirement s of t he Commission’s Rules provided there is a sit e rest rict ion 3. 4 kilomet ers (2. 1 miles) northeast of the community. 1 The sit e rest rict ion will prevent a short -spacing to St at ion WOCO, 1 The coordinates for Channel 295A at Ephraim are 45- 10- 12 and 87- 07- 46. 1 2 Federal Communications Commission DA 00- 2608 Channel 296A, Oconto, Wisconsin. Since Ephraim is located within 320 kilometers of the U. S. -Canadian border, concurrence of the Canadian Government will be requested for the allotment of Channel 295A at Ephraim. 4. In view of the fact that the proposed allotment could provide a first local service to Ephraim, t he Commission believes it would serve the public int erest to solicit comment s on the proposal to allot Channel 295A at Ephraim, Wisconsin. 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, wit h respect to Ephraim. Channel No. Community Present Proposed Ephraim, Wisconsin ------- 295A 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 January 8, 2001, and reply comments on or before January 23, 2001, 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: Carrie L. Riordan 213 E. 13 th Avenue Sault Ste. Marie, Michigan 49783 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. 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 2 3 Federal Communications Commission DA 00- 2608 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- 2608 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