*Pages 1--8 from Microsoft Word - 8662.doc* Federal Communications Commission DA 01- 1093 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) Table of Allotments, ) FM Broadcast Stations. ) (Plainville, Georgia) ) MM Docket No. 01- 102 ) RM- 10100 ) (Rosholt, Wisconsin) ) MM Docket No. 01- 103 ) RM- 10102 ) (Auburn, Alabama) ) MM Docket No. 01- 104 ) RM- 10103 ) (Shiner, Texas) ) MM Docket No. 01- 105 ) RM- 10104 ) (Pacific City, Oregon) ) MM Docket No. 01- 106 ) RM- 10105 NOTICE OF PROPOSED RULE MAKING Adopted: April 18, 2001 ; Released: April 27, 2001 Comment Date: June 18, 2001 Reply Comment Date: July 3, 2001 By the Chief, Allocations Branch: 1. Before the Commission for consideration is a multiple docket Notice of Proposed Rule Making setting forth separate proposals to amend the FM Table of Allotments, Section 73.202( b) of t he Rules. Each pet it ioner has st at ed that it will apply for its request ed channel, if allot t ed. We believe that each proposal warrants consideration because it complies with our technical requirements and would serve the public interest. 2. This is a mult iple docket Not ice of Proposed Rule Making issued in response t o a Commission Public Notice released October 2, 1998 (DA 98- 1987). We are combining separate FM allotment proposals into a single Notice of Proposed Rule Making. Each proposal has its own docket and rule making number and the Commission's Reference Center will maintain a separate file for each docket . As discussed in the Public Not ice, this procedure will conserve Commission 1 Federal Communications Commission DA 01- 1093 2 resources and expedite the processing of FM allotment petitions for rule making by avoiding duplicative actions. We request comments and/ or counterproposals to the following proposals: A. MM Docket No. 01- 102; RM- 10100 Petitioner: Plainville Communicat ions Jerry D. Braswell Plainville Communicat ions P. O. Drawer 90 Hawkinsville, Georgia 31036- 0090 Proposal: Allot Channel 285A at Plainville, Georgia, as the communit y’s first local aural transmission service. 1 Community Present Proposed Plainville, Georgia --- 285A Coordinates: 34- 25- 58 NL and 85- 05- 48 WL Additional Information: This allot ment requirement s a sit e rest rict ion of 6. 5 kilomet ers (4. 0 miles) northwest to avoid a short- spacing to the licensed site of Station WFSH- FM, Channel 284C1, Athens, Georgia. FCC Contact: Sharon P. McDonald (202) 418- 2180 1 In support of its proposal, petitioner states that Plainville is an incorporated community with a 1990 U. S. Census population of 231 persons. It is located in Gordon County, with a 1998 estimated population of 41,052 persons. Plainville has its own zip code and post office (30733), and provides certain municipal services to its residents. There are several dozen retail, wholesale, manufacturing, municipal and agricultural establishments. 2 Federal Communications Commission DA 01- 1093 3 B. MM Docket No. 01- 103; RM- 10102 Petitioner: Craig Norlin c/ o Harry F. Cole, Esq. Bechtel & Coe, Chartered 1901 L Street, N. W., Suite 250 Washington, D. C. 20036 Proposal: Allot Channel 263A at Rosholt, Wisconsin, as the community’s first local aural transmission service. 2 Community Present Proposed Rosholt, Wisconsin --- 263A Coordinates: 44- 40- 12 NL and 89- 23- 45 WL Additional Information: This allot ment requires a sit e rest rict ion of 8. 6 kilomet ers (5. 3 miles) northwest to avoid a short- spacing to the licensed site of Station WIZD( FM), Channel 260C3, Rudolph, Wisconsin, and Station WNCY- FM, Channel 262C2, Neenah- Menasha, Wisconsin. Contact: Sharon P. McDonald (202) 418- 2180 C. MM Docket No. 01- 104; RM- 10103 Petitioner: Auburn Network, Inc. c/ o Lee G. Petro, Esq. Gardner, Carton & Douglas 1301 K Street, N. W. Suite 900, East Tower Washington, D. C. 20005- 3317 2 In support of its proposal, petitioner states that Rosholt has a population of 500 and is located in central Wisconsin. Rosholt has numerous businesses that identify themselvess as Rosholt establishments, e. g., Rosholt IGA, Rosholt Farm & Auto, Rosholt Hardware, Rosholt Laundromat, Rosholt Family Practice, Rosholt Stained Glass Co., and State Bank of Rosholt. Rosolt also has recreational facilities, two private grade schools, one public K- 12 school, a Rosholt Clinic, and a modern medical arts clinic. 3 Federal Communications Commission DA 01- 1093 4 Proposal: Allot Channel 263A at Auburn, Alabama, as the community’s second local FM transmission service. Community Present Proposed Auburn, Alabama 249A 249A, 263A Coordinates: 32- 34- 54 NL and 85- 29- 17 WL Additional Information: This allot ment requires a sit e rest rict ion of 3. 2 kilomet ers (2. 0 miles) sout h to avoid a short- spacing to the application site for Station WLXY( FM), Channel 263C1, Northport, Alabama. FCC Contact: Sharon P. McDonald (202) 418- 2180 D. MM Docket No. 01- 105; RM- 10104 Petitioner: Stargazer Broadcasting, Inc. David P. Garland, President Stargazer Broadcasting, Inc. P. O. Box 519 Woodville, Texas 75979 Proposal: Allot Channel 232A at Shiner, Texas, as the community’s first local aural transmission service. 3 Community Present Proposed Shiner, Texas -- 232A Coordinates: 29- 25- 59 NL and 97- 13- 20 WL Additional Information: This allot ment requires a sit e rest rict ion of 5. 1 kilomet ers (3. 2 miles) west to avoid a short- spacing to the licensed site of Station KAJI( FM), Channel 231C3, Point Comfort, Texas. Since Shiner is located within 320 kilometers (199 miles) of the U. S.- Mexican border, concurrence of the Mexican government has been requested. 3 In support of its proposal, petitioner states that Shiner is located in Lavaca County and has a 1998 population of 2,232 persons. Shiner has a police department, a public library, parks, schools, churches, financial and commercial businesses. 4 Federal Communications Commission DA 01- 1093 5 FCC Contact: Sharon P. McDonald (202) 418- 2180 E. MM Docket No. 01- 106; RM- 10105 Petitioner: John L. Zolkoske 915 N. Douglas Ave. Stayton, Oregon 97383 Proposal: Allot Channel 282A at Pacific City, Oregon, as the community’s first local aural transmission service. 4 Community Present Proposed Pacific City, Oregon ---- 282A Coordinates: 45- 12- 09 NL and 123- 57- 42 WL Additional Information: This allotment is at city reference coordinates and does not require a site restriction. FCC Contact: Sharon P. McDonald (202) 418- 2180 3. Comment s, reply comment s, count erproposals and ot her pleadings filed in response to this multiple docket Notice of Proposed Rule Making should reference only the specific docket to which t he filing pert ains. The Commission's aut horit y to inst it ut e rule making proceedings, showings required, cut- off procedures, and filing requirements are contained in the attached Appendix and are incorporated by reference herein. In particular, we note that a showing of continuing interest is required in paragraph 2 of the Appendix before a channel will be allotted. 4. Interested parties may file comments on or before June 18, 2001, and reply comments on or before July 3, 2001, and are advised to read the Appendix for the proper procedure. Additionally, a copy of any filing should be served on the petitioner listed for the particular docket. 5. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to a rule making proceeding to amend the FM Table of Allotments, Section 73.202( b) of the Commission's Rules. See Certification that Section 603 and 604 of the Regulatory 4 In support of his proposal, petitioner states that Pacific City is located in Tillamook County and is listed in the 2001 Rand McNally Commercial Atlas with a population of 800. Pacific City has a fire service, an airport, numerous retail establishments, restaurants, hotels, offices, and a Chamber of Commerce. Pacific City also has its own post office and zip code (97135). 5 Federal Communications Commission DA 01- 1093 6 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). 6. For further information concerning a proceeding listed above, contact the FCC contact listed for that proceeding. 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 in the applicable docket 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 any summary of any new information shall be served by the person making the presentation upon the other parties to the proceeding in particular docket 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 the proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 6 Federal Communications Commission DA 01- 1093 7 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 at t ached. Proponent (s) will be expect ed t o 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 st at ion prompt ly. Failure to file may lead to denial of the request . 3. Cut- off protection. 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 init ial comment s, so that part ies may comment on them in reply comment s. 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 proposals in this Notice, t hey will be considered as comment s 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, t hey will not be considered in connect ion wit h 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 Regulat ions, int erest ed part ies 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 part ies must be made in writ t en comment s, reply comment s, or ot her appropriat e pleadings. Comment s shall be served on the pet it ioner by the person filing the comment s. Reply comment s shall be served on the person( s) who filed comment s to which the reply is direct ed. Such comments and reply comments shall 7 Federal Communications Commission DA 01- 1093 8 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 Office of the Secretary, Federal Communications Commission, 445 12th Street, S. W.; TW- A325, 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 Reference Information Center (Room CY- A257) at its headquarters, 445 12 th Street, S. W, Washington, D. C. 8