*Pages 1--5 from Microsoft Word - 10192.doc* Federal Communications Commission DA 01- 1670 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Section 73.202( b), FM Table of Allotments, FM Broadcast Stations. (Goliad, Texas) (Paducah, Texas) (Woodson, Texas) (Paulden, Arizona) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MM Docket No. 01- 155 RM- 10176 MM Docket No. 01- 156 RM- 10177 MM Docket No. 01- 157 RM- 10178 MM Docket No. 01- 158 RM- 10179 NOTICE OF PROPOSED RULE MAKING Adopted: July 11, 2001 Released: July 13, 2001 Comment Date: September 4, 2001 Reply Comment Date: September 18, 2001 By the Chief, Allocations Branch: 1. Before the Allocations Branch for consideration is a multiple docket Notice of Proposed Rule Making setting forth four separate proposals to amend the FM Table of Allotments, Section 73.202( b) of the Rules to allot new channels in four separate localities. Each proposal would provide a first local transmission service at the proposed community. Each petitioner, Charles Crawford (Goliad, Paducah, and Woodson, Texas), and Paulden Broadcasting (Paulden, Arizona), states that it will file an application for construction permit at each locality and bid at auction if the channel is allotted. We believe that each proposal warrants consideration because it complies with our technical requirements and would serve the public interest. 2. This is a multiple docket Notice of Proposed Rule Making issued in response to 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 Notice, 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- 1670 2 A. MM Docket No. 01- 155; RM- 10176 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, TX 75205 Proposal: Allot Channel 282A at Goliad, Texas, as the community’s second FM service. Community Present Proposed Goliad, Texas --- 282A Coordinates: 28- 42- 35NL and 97- 23- 02 WL Additional Information: Channel 282A can be allotted at Goliad with a site restriction of 4.6 kilometers (2. 9 miles) north of the community. Since this proposal is within 320 kilometers (199 miles) of the U. S.- Mexico border, concurrence of the Mexican government to the proposed allotment will be required. FCC Contact: Victoria M. McCauley, Mass Media Bureau (202) 418- 2180. B. MM Docket No. 01- 156; RM- 10177 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, TX 75205 Proposal: Allot Channel 296C3 at Paducah, Texas, as the community’s first local aural transmission service. Community Present Proposed Paducah, Texas --- 296C3 Coordinates: 34- 00- 59 NL and 100- 18- 35 WL Additional Information: Channel 296C3 can be allotted at Paducah with a site restriction of 0. 4 kilometers (0. 3 miles) northwest of the community. FCC Contact: Victoria M. McCauley, Mass Media Bureau (202) 418- 2180. C. MM Docket No. 01- 157; RM- 10178 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, TX 75205 2 Federal Communications Commission DA 01- 1670 3 Proposal: Allot Channel 298A at Woodson, Texas, as the community’s first local aural transmission service. Community Present Proposed Woodson, Texas --- 298A Coordinates: 33- 00- 32 NL and 99- 04- 23 WL. Additional Information: Channel 298A can be allotted at Woodson with a site restriction of 1. 9 kilometers (1. 2 miles) southwest of the community. FCC Contact: Victoria M. McCauley, Mass Media Bureau (202) 418- 2180. D. MM Docket No. 01- 158; RM- 10179 Petitioner: Paulden Broadcasting C/ o A. Wray Fitch, III Gammon & Grange 8280 Greensboro Drive, 7 th Floor McLean, VA 22102- 3807 Proposal: Allot Channel 263C3 at Paulden, Arizona as the community’s first local aural transmission service. Community Present Proposed Paulden, Arizona --- 263C3 Coordinates: 34- 53- 00 NL and 112- 28- 00 WL. Additional Information: Channel 263C3 can be allotted at Paulden without a site restriction. Since this proposal is within 320 kilometers (199 miles) of the U. S.- Mexico border, concurrence of the Mexican government to the proposed allotment will be required. FCC Contact: Victoria M. McCauley, Mass Media Bureau (202) 418- 2180. 3. Comments, reply comments, counterproposals and other pleadings filed in response to this multiple docket Notice of Proposed Rule Making should reference only the specific docket to which the filing pertains. The Commission's authority to institute 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 September 4, 2001, and reply comments on or before September 18, 2001, and are advised to read the Appendix for the proper procedure. 3 Federal Communications Commission DA 01- 1670 4 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 Flexibility Act Do Not Apply to Rule Making to Amend Sections 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 Attachment: Appendix 4 Federal Communications Commission DA 01- 1670 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 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 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 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 proposals 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 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 Information Reference Center (Room CY- A257) at its headquarters, 445 12 th Street, S. W., Washington D. C. 20554. 5