*Pages 1--7 from Microsoft Word - 11824.doc* Federal Communications Commission DA 01- 2236 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. ) ) (Atoka, Oklahoma) ) MM Docket No. 01- 254 ) RM- 10264 ) (Wright City, Oklahoma) ) MM Docket No. 01- 255 ) RM- 10265 ) (Benavides, Texas) ) MM Docket No. 01- 256 ) RM- 10266 ) (Bad Axe, Michigan) ) MM Docket No. 01- 257 ) RM- 10267 ) (Bearden, Arkansas) ) MM Docket No. 01- 258 ) RM- 10268 ) (Grandin, Missouri) ) MM Docket No. 01- 259 ) RM- 10269 ) (Pawhuska, Oklahoma) ) MM Docket No. 01- 260 ) RM- 10270 ) (Early, Texas) ) MM Docket No. 01- 261 ) RM- 10271 NOTICE OF PROPOSED RULE MAKING Adopted: September 19, 2001 Released: September 28, 2001 Comment Date: November 19, 2001 Reply Date: December 4, 2001 By the Chief, Allocations Branch 1. Before the Allocations Branch 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 believe that each proposal warrants consideration because it complies with our 1 Federal Communications Commission DA 01- 2236 2 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) MM Docket No. 01- 254; RM- 10264 Petitioner: Maurice Salsa 5615 Evergreen Valley Drive Kingwood, TX 77345 Proposal: Allot Channel 290A to Atoka, Oklahoma, as that community’s second local FM transmission service. Community Present Proposed Atoka, Oklahoma 271A 271A, 290A Coordinates: 34- 22- 25 NL; 96- 06- 57 WL Additional Information: The allotment proposal requires a site restriction 1.8 km southeast of the communit y. FCC Contact: Nancy Joyner, (202) 418- 2180 (2) MM Docket No. 01- 255; RM- 10265 Petitioner: Maurice Salsa 5615 Evergreen Valley Drive Kingwood, TX 77345 Proposal: Allot Channel 226A to Wright City, Oklahoma, as that community’s first local aural transmission service. Community Present Proposed Wright City, Oklahoma -- 226A 2 Federal Communications Commission DA 01- 2236 3 Coordinates: 34- 05- 58 NL; 94- 58- 34 WL Additional Information: The allotment proposal requires a site restriction 5.0 kilometers northeast of the community. FCC Contact: Nancy Joyner, (202) 418- 2180 (3) MM Docket No. 01- 256; RM- 10266 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 282A to Benavides, Texas, as that community’s second local FM transmission service. Community Present Proposed Benavides, Texas 299C2 282A, 299C2 Coordinates: 27- 32- 59 NL; 98- 25- 11 WL Additional Information: The allotment proposal requires a site restriction 5.3 kilometers south of the community. Additionally, as Benavides is located within 320 kilometers of the U. S.- Mexico border, concurrence to this proposal by the Mexican government is required. FCC Contact: Nancy Joyner, (202) 418- 2180 (4) MM Docket No. 01- 257; RM- 10267 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Proposal: Allot Channel 231A to Bad Axe, Michigan, as that community’s second local FM transmission service. Community Present Proposed Bad Axe, Michigan 271C2 231A, 271C2 Coordinates: 43- 48- 12 NL; 83- 00- 00 WL Additional Information: The allotment proposal does not require a site restriction. However, as Bad 3 Federal Communications Commission DA 01- 2236 4 Axe is located within 320 kilometers of the U. S.- Canada border, concurrence to this proposal by the Canadian government is required. FCC Contact: Nancy Joyner, (202) 418- 2180 (5) MM Docket No. 01- 258; RM- 10268 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Proposal: Allot Channel 224A to Bearden, Arkansas, as that community’s first local aural transmission service. Community Present Proposed Bearden, Arkansas -- 224A Coordinates: 33- 43- 24 NL; 92- 36- 54 WL Additional Information: The allotment proposal does not require a site restriction. FCC Contact: Nancy Joyner, (202) 418- 2180 (6) MM Docket No. 01- 259; RM- 10269 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Proposal: Allot Channel 283A to Grandin, Missouri, as that community’s first local aural transmission service. Community Present Proposed Grandin, Missouri -- 283A Coordinates: 36- 49- 45 NL; 90- 49- 22 WL Additional Information: The allotment proposal does not require a site restriction. FCC Contact: Nancy Joyner, (202) 418- 2180 4 Federal Communications Commission DA 01- 2236 5 (7) MM Docket No. 01- 260; RM- 10270 Petitioner: Maurice Salsa 5615 Evergreen Valley Drive Kingwood, TX 77345 Proposal: Allot Channel 233A to Pawhuska, Oklahoma, as that community’s second local FM transmission service. Community Present Proposed Pawhuska, Oklahoma 280A 233A, 280A Coordinates: 36- 46- 16 NL; 96- 21- 39 WL Additional Information: The allotment proposal requires a site restriction 11. 7 kilometers north of the community. FCC Contact: Nancy Joyner, (202) 418- 2180 (8) MM Docket No. 01- 261; RM- 10271 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 294A to Early, Texas, as that community’s first local aural transmission service. Community Present Proposed Early, Texas -- 294A Coordinates: 31- 44- 31 NL; 98- 56- 43 WL Additional Information: The allotment proposal does not require a site restriction FCC Contact: Nancy Joyner, (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 5 Federal Communications Commission DA 01- 2236 6 incorporated by reference herein. In particular, we note that a showing of cont inuing int erest is required in paragraph 2 of the Appendix before a channel will be allot t ed. 4. Interested parties may file comments on or before November 19, 2001, and reply comments on or before December 4, 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 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 to Amend Sect ions 73. 202( b) 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 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 information shall be served by the person making the presentation upon other parties to the proceeding unless t he 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 this proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 6 Federal Communications Commission DA 01- 2236 7 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 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 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 proposal( s) 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 Secretary, Federal Communications Commission, Washington, 445 Twelfth Street, SW.; 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 Twelfth Street, SW., Washington, D. C. 7