*Pages 1--6 from Microsoft Word - 9197.doc* Federal Communications Commission DA 01- 1303 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. ) (Morgantown, Kentucky) ) MM Docket No. 01- 114 ) RM- 10128 ) (Au Gres, Michigan) ) MM Docket No. 01- 115 ) RM- 10129 ) NOTICE OF PROPOSED RULE MAKING Adopted: May 16, 2001 Released: May 25, 2001 Comment Date: July 16, 2001 Reply Comment Date: July 31, 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 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: 1 Federal Communications Commission DA 01- 1303 2 A. MM Docket No. 01- 114; RM- 10128 Petitioner: Green River Radio Company c/ o Brian M. Madden Leventhal, Senter & Lerman, P. L. L. C. 2000 K Street, N. W., Suite 600 Washington, D. C. 20006- 1809 Proposal: Allot Channel 256A at Morgantown, Kentucky, as the community’s first local FM transmission service. 1 Community Present Proposed Morgantown, Kentucky ---- 256A Coordinates: 37- 15- 34 NL and 86- 48- 40 WL Additional Information: This allot ment requires a sit e rest rict ion 11. 9 kilomet ers (7. 4 miles) west t o avoid short- spacings to the licensed sites of Station WKNK( FM), Channel 26A, Edmonton, Kentucky, and Station WKDQ( FM), Channel 258C, Henderson, Kentucky. FCC Contact: Sharon P. McDonald (202) 418- 2180 B. MM Docket No. 01- 115; RM- 10129 Petitioner: Au Gres Broadcasting Company c/ o Arthur V. Belendiuk Smithwick & Belendiuk, P. C. 5028 Winconsin Ave., N. W., Suite 301 Washington, D. C. 20016 1 In support of its proposal, petitioner states that Morgantown is an incorporated community and is the county seat of Butler County (2000 U. S. Census population 13,010). The 2000 U. S. Census population of Morgantown is 2,544 persons. Morgantown has its own police force, fire department, sewer department, water and gas departments, a Chamber of Commerce, schools, churches, library, and a post office. The community serves as the retail center for Butler County and includes many businesses, eleven in which include “Morgantown” in their name. 2 Federal Communications Commission DA 01- 1303 3 Proposal: Allot Channel 295A at Au Gres, Michigan, as the community’s first local aural transmission service. 2 Community Present Proposed Au Gres, Michigan --- 295A Coordinates: 44- 02- 55 NL and 83- 41- 45 WL Additional Information: This allotment is at city reference coordinates and does not requires 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 July 16, 2001, and reply comments on or before July 31, 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 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 2 In support of its proposal, petitioner states that Au Gres is located in Arenac County, Michigan. It has a 1990 U. S. Census population of 1,007 persons (the 2000 population is 1,028). Au Gres has its own post office and zip code. It has several places of worship, including Au Gres United Methodist Church, St. Paul’s Lutheran Church and St. Mark’s Catholic Church. Au Gres has its own elementary, middle and high schools. Additionally, the community has a number of businesses and local institutions, including, inter alia, Crew Products, Citizens State Bank, Northland Credit Union and Au Gres city offices. Au Gres, which refers to itself as the perch capital of the world, has several marinas and fishing- related businesses. 3 Federal Communications Commission DA 01- 1303 4 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 4 Federal Communications Commission DA 01- 1303 5 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 5 Federal Communications Commission DA 01- 1303 6 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 Center (Room 239) at its headquarters, 1919 M Street, N. W., Washington, D. C. 6