*Pages 1--5 from Microsoft Word - 10503.doc* Federal Communications Commission DA 01- 1786 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b) ) MM Docket No. 01- 168 Table of Allotments, ) RM- 10187 FM Broadcast Stations. ) (Mendocino, California) ) NOTICE OF PROPOSED RULE MAKING Adopted: July 18, 2001 Released: July 27, 2001 Comment Date: September 17, 2001 Reply Comment Date: October 2, 2001 By the Chief, Allocations Branch: 1. The Allocations Branch considers herein a petition for rule making filed on behalf of George Anderson (“ petitioner”), proposing the substitution of Channel 266A for Channel 224A at Station KMFB( FM) at Mendocino, California. Petitioner operates Station KMBF on Channel 224A at 3 kilowatts effective radiated power and 100 meters antenna height above average terrain (HAAT). By making this change in frequencies, KMBF can operate as a maximum 6.0 kilowatt effective radiated power and 100 meter antenna HAAT facilit y at the exist ing KMBF transmitt er sit e. This channel change would allow Station KMBF to provide coverage to 18,837 persons over 2,516 square kilomet ers. Pet it ioner st at es t hat , if the channel is allot t ed to Mendocino, pet it ioner will file an application for a construction permit for the new channel, and if granted, will implement the change. 2. A staff analysis has determined that Channel 266A can be allotted to Mendocino, California, consistent with the requirements of Sections 73.207( b)( 1) and 73.315( a) of the Commission’s Rules at Station KMBF’s existing transmitter site. The coordinates for that site are: 39- 20- 33 NL and 123- 46- 51 WL. The Commission considers channels of the same class to be equivalent. Therefore, the channel change involved here does not represent an upgrade in facilit ies and no expressions of int erest from parties other than George Anderson will be accepted. 1 1 See Modification of FM and TV Licenses, 98 FCC 2d 916, 921- 22 (1984) and Section 1.420( g) of the Commission’s Rules. 1 Federal Communications Commission DA 01- 1786 2 3. Since allotting Channel 266A to Mendocino, California, would provide improved aural transmission service to Mendocino and areas surrounding that city, the Commission believes that it would serve the public interest to solicit comments on the possible allotment of Channel 266A to Mendocino, California. Accordingly, we seek comments on the proposed amendment to the FM Table of Allotments, Section 73.202( b) of the Commission’s Rules, with respect to Mendocino, as follows: Channel No. Community Present Proposed Mendocino, California 224A 266A 4. 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. 5. Interested parties may file comments on or before September 17, 2001, and reply comments on or before October 2, 2001, and are advised to read the Appendix for the proper procedures. Comment s should be filed wit h the Federal Communicat ions Commission, Office of the Secret ary, 445 Twelfth Street, SW; Room TW- A325, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner’s counsel, as follows: George Anderson 14200 Prairie Way Mendocino, California 95460 6. The Commission has det ermined that the relevant provisions of the 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 t o Amend Sect ions 73. 202( b), and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 7. For further information concerning this proceeding, contact R. Barthen Gorman, 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 2 Federal Communications Commission DA 01- 1786 3 information shall be served by the person making the presentation upon the 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 that 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 3 Federal Communications Commission DA 01- 1786 4 APPENDIX 1. Pursuant to authority contained 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 discussed in the Notice of Proposed Rule Making to which this Appendix is at t ached. Proponent will be expect ed t o answer what ever 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 prompt ly. 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 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 proposal in this Notice, they will be considered as comment s in t he 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 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. Comment s and Reply Comment s; Service. Pursuant t o applicable procedures set out in Sect ions 1.415 and 1.420 of the Commission's Rules and Regulat ions, int erest ed part ies may file comment s 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 t he comment s. Reply comment s shall be served on the person 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 Twelfth Street, SW., Room TW- A325, Washington, D. C. 20554. 4 Federal Communications Commission DA 01- 1786 5 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 Twelfth Street, SW., Washington, D. C. 20554. 5