*Pages 1--9 from Microsoft Word - 11110.doc* Federal Communications Commission DA 01- 2002 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. ) (Junction, Texas) ) MM Docket No. 01- 198 ) RM- 10213 ) (Knox City, Texas) ) MM Docket No. 01- 199 ) RM- 10214 ) (Dilley, Texas) ) MM Docket No. 01- 200 ) RM- 10215 ) (Frederic, Michigan) ) MM Docket No. 01- 201 ) RM- 10216 ) (Goree, Texas) ) MM Docket No. 01- 202 ) RM- 10217 ) (Leakey, Texas) ) MM Docket No. 01- 203 ) RM- 10218 ) (Sweetwater, Texas) ) MM Docket No. 01- 204 RM- 10219 NOTICE OF PROPOSED RULE MAKING Adopted: August 15, 2001 Released: August 24, 2001 Comment Date: October 15, 2001 Reply Comment Date: October 30, 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 the Rules. Each petitioner has stated that it will apply for its requested channel, if allotted. We 1 Federal Communications Commission DA 01- 2002 2 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: A. MM Docket No. 01- 198; RM- 10213 Petitioner: Katherine Pyeatt 6655 Aintree Circle Dallas, Texas 75214 Proposal: Allot Channel 277C3 at Junction, Texas, as potentially the community's third local FM transmission service. Community Present Proposed Junction, Texas 228C2 228C2, 277C3 297A 1 Coordinates: 30- 22- 51 NL and 99- 47- 59 WL Additional Information: This allot ment requires a sit e rest rict ion of 12. 3 kilomet ers (7. 6 miles) sout h to avoid short- spacings to the licensed sites of Station KKCN( FM), Channel 276C1, Ballinger, Texas, and Station KEEP( FM), Channel 276A, Bandera, Texas. Since Junction 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. 1 A Notice of Proposed Rulemaking was adopted in Docket No. 01- 132 on June 13, 2001, proposing the allotment of Channel 297A at Junction, Texas, as the community’s second local FM transmission service. See 16 FCC Rcd ____ (released June 22, 1001); 66 FR 35406, July 5, 2001. 2 Federal Communications Commission DA 01- 2002 3 B. MM Docket No. 01- 199; RM- 10214 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 291A at Knox City, Texas, as the community’s second local FM transmission service. Community Present Proposed Knox City, Texas 257A 291A, 297A Coordinates: 33- 25- 55 NL and 99- 47- 43 WL Additional Information: This allot ment requires a sit e rest rict ion of 2. 7 kilomet ers (1. 7 miles) northeast to avoid a short- spacing to the construction permit site of Station KKHR( FM), Channel 292C2, Abilene, Texas. FCC Contact: Sharon P. McDonald, (202) 418- 2180. C. MM Docket No. 01- 200; RM- 10215 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 264A at Dilley, Texas, as the communit y’s second local FM transmission service. Community Present Proposed Dilley, Texas 255C1 255C1, 264A Coordinates: 28- 40- 02 NL and 99- 10- 13 WL Additional Information: This allotment is located at city reference coordinates and does not require a sit e rest rict ion. Since Dilley is locat ed wit hin 320 kilometers (199 miles) of the U. S.- Mexican border, concurrence of the Mexican government has been requested. 3 Federal Communications Commission DA 01- 2002 4 FCC Contact: Sharon P. McDonald, (202) 418- 2180. D. MM Docket No. 01- 201; RM- 10216 Petitioner: Alpine Wireless of Frederic c/ o Arthur V. Belendiuk, Esq. Smithwick & Belendiuk, P. C. 5028 Wisconsin Ave., N. W., Suite 301 Washington, D. C. 20016 Proposal: Allot Channel 237A at Frederic, Michigan, as the community’s first local aural transmission service. 2 Community Present Proposed Frederic, Michigan --- 237A Coordinates: 44- 46- 29 NL and 84- 39- 29 WL Additional Information: This allot ment requires a sit e rest rict ion of 7. 6 kilomet ers (4. 7 miles) east to avoid a short- spacing to the licensed sites of Station WCFX( FM), Channel 237A, Clare, Michigan, and Station WJZJ( FM), Channel 238C2, Glen Arbor, Michigan. Since Frederic is located within 320 kilometers (200 miles) of the U. S.- Canadian border, concurrence of the Canadian government has been requested. FCC Contact: Sharon P. McDonald, (202) 418- 2180. E. MM Docket No. 01- 202; RM- 10217 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 275A at Goree, Texas, as the community’s first local aural transmission 2 In support of the proposal, petitioner states that Frederic is an incorporated city located in Crawford County and has a 2000 U. S. Census population of 1,401 persons. It has its own post office and zip code. Frederic also has its own fire department, elementary school, and library. 4 Federal Communications Commission DA 01- 2002 5 service. 3 Community Present Proposed Goree, Texas --- 275A Coordinates: 33- 30- 00 NL and 99- 30- 00 WL Additional Information: This allot ment requires a sit e rest rict ion of 4. 3 kilomet ers (2. 7 miles) northeast to avoid a short- spacing to the licensed site of Station KHXS( FM), Channel 274C1, Merkel, Texas. FCC Contact: Sharon P. McDonald, (202) 418- 2180. F. MM Docket No. 01- 203; RM- 10218 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 299A at Leakey, Texas, as the community’s third local FM transmission service. Community Present Proposed Leakey, Texas 226A, 282A 226A, 282A, 299A Coordinates: 29- 41- 58 NL and 99- 53- 41 WL Additional Information: This allot ment requires a sit e rest rict ion of 13. 3 kilomet ers (8. 3 miles) west to avoid short- spacings to the licensed sites of Station KXTN- FM, Channel 298C, San Antonio, Texas, and Station XHPC- FM, Channel 300B, Piedras, Mexico. Since Leakey 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 In support of its proposal, petitioner states that Goree is an incorporated community with a 1998 Texas State Data Center population of 425 persons (the 2000 Census population is 321 persons). Goree has its own mayor, city hall, post office, and school district. 5 Federal Communications Commission DA 01- 2002 6 G. MM Docket No. 01- 204; RM- 10219 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 221C3 at Sweetwater, Texas, as the community’s second local FM transmission service. Community Present Proposed Sweetwater, Texas 244A 221C3, 244A Coordinates: 32- 28- 15 NL and 100- 24- 20 WL Additional Information: This allotment is located at city reference coordinates and requires no site restriction. Since Sweetwater 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 t o t his 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 October 15, 2001, and reply comments on or before October 30, 2001, and are advised to read the Appendix for the proper procedure. Addit ionally, a copy of any filing should be served on the pet it ioner list ed for the part icular docket . 5. The Commission has det ermined that the relevant provisions of the Regulat ory Flexibilit y 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 Federal Communications Commission DA 01- 2002 7 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 7 Federal Communications Commission DA 01- 2002 8 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 8 Federal Communications Commission DA 01- 2002 9 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., Room 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. 20554. 9