*Pages 1--6 from Microsoft Word - 9574.doc* Federal Communications Commission DA 01- 1393 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. ) (Darien, Georgia) ) MM Docket No. 01- 123 ) RM- 10139 ) (Pearsall, Texas) ) MM Docket No. 01- 124 ) RM- 10140 ) NOTICE OF PROPOSED RULE MAKING Adopted: May 30, 2001 Released: June 8, 2001 Comment Date: July 30, 2001 Reply Comment Date: August 14, 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- 1393 2 A. MM Docket No. 01- 123; RM- 10139 Petitioner: Bernice P. Hedrick c/ o H. David Hedrick, Consultant P. O. Box 27 Gray, Georgia 31032 Proposal: Allot Channel 262A at Darien, Georgia, as the community’s second local FM transmission service. 1 Community Present Proposed Darien, Georgia 299C2 262A, 299C2 Coordinates: 31- 26- 32 NL and 81- 22- 32 WL Additional Information: This allot ment requires a sit e rest rict ion of 9. 8 kilomet ers (6. 1 miles) northeast to avoid a short- spacing to the licensed site of Station WOBB( FM), Channel 262C, Tifton, Georgia. FCC Contact: Sharon P. McDonald (202) 418- 2180 B. MM Docket No. 01- 124; RM- 10140 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas Proposal: Allot Channel 227A at Pearsall, Texas, as the community’s third local FM transmission service. 2 1 In support of its proposal, petitioner states that Darien is an incorporated community located in McIntosh County and has a 2000 U. S. Census population of 1,719 persons. Darien is governed by an elected mayor and a four-person city council. It has its own zip code (31305), post office, and newspaper (The Darien News), two public and three private schools, police and fire departments, two banks, 29 churches, two medical clinics, and twelve civic and social clubs. Its primary areas of employment are tourism and commercial fishing. 2 Section 1. 52 of the Commission’s Rules requires that all pleadings filed by parties not represented by legal counsel be signed and verified by the petitioner and provide the petitioner’s mailing address. In this case, petitioner signed the petition and provided his address. However, he did not submit a statement attesting that the 2 Federal Communications Commission DA 01- 1393 3 Community Present Proposed Pearsall, Texas 237A, 281C1 227A, 237A, 281C1 Coordinates: 28- 54- 16 NL and 99- 12- 59 WL Additional Information: This allot ment requires a sit e rest rict ion of 12 kilomet ers (7. 4 miles) west of the community. Since Pearsall is located within 320 kilometers (199 miles) of the U. S.- Mexican border, concurrence of the Mexican government has been requested. 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 30, 2001, and reply comments on or before August 14, 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 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 information included in the petition is correct and true to the best of his knowledge. Therefore, petitioner is requested to submit a subscription and verification statement in his comments to this Notice. 3 Federal Communications Commission DA 01- 1393 4 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- 1393 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 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 Office of the Secretary, Federal Communications Commission, 445 12th Street, S. W., TW- A325, Washington, D. C. 20554. 5 Federal Communications Commission DA 01- 1393 6 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 Information Reference Center (Room CY- A257) at its headquarters, 445 12 th Street, S. W., Washington, D. C. 20554. 6