*Pages 1--6 from Microsoft Word - 12266.doc* Federal Communications Commission DA 01- 2445 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. ) (Menard, Texas) ) MM Docket No. 01- 304 ) RM- 10309 ) (San Isidro, Texas) ) MM Docket No. 01- 305 ) RM- 10310 NOTICE OF PROPOSED RULE MAKING Adopted: October 10, 2001; Released: October 19, 2001 Comment Date: December 10, 2001 Reply Comment Date: December 26, 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. Jeraldine Anderson is the petitioner for each proposal. She has stated that she will apply for each requested channel, if 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 mult iple docket Not ice 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 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- 2445 2 A. MM Docket No. 01- 304; RM- 10309 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 . Proposal: Allot Channel 287C3 at Menard, Texas, as that community's second local aural transmission service. 1 Community Present Proposed Menard, Texas 265C2 265C2, 287C3 Coordinates: 30- 52- 29 NL and 99- 54- 00 WL Additional Information: This allot ment requires a sit e rest rict ion of 11. 9 kilomet ers (7. 4 miles) southwest of Menard. Since Menard is located within 320 kilometers (199 miles) of the U. S.- Mexico border, concurrence of the Mexican Government is being requested for this allotment. FCC Contact: R. Barthen Gorman (202) 418- 2180 B. MM Docket No. 01- 305; RM- 10310 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Proposal: Allot Channel 247A at San Isidro, Texas, as that community's first local aural transmission service. 1 Menard is an incorporated community with a population of 1,606 persons (1990 U. S. Census). Vacant channel 265C2 has already been allotted to that community. Further, the Commission has proposed allotting Channel 242A to Menard in MM Docket No. 01- 214, RM- 10227, in a Notice of Proposed Rule Making, DA 01- 2058, released August 31, 2001. 2 Federal Communications Commission DA 01- 2445 3 Community Present Proposed San Isidro, Texas --------- 247A Coordinates: 26- 45- 00 NL and 98- 26- 00 WL Additional Information: This allot ment requires a sit e rest rict ion of 4. 2 kilomet ers (2. 6 miles) northeast of San Isidro. San Isidro is not listed in the 1990 U. S. Census, although the 2001 Rand McNally Commercial At las & Market ing Guide (“ Rand McNally”) list s the populat ion of San Isidro as consisting of 500 persons. Since Rand McNally does not list San Isidro as being an incorporated community and the 1990 U. S. Census does not list San Isidro as a city, town, or census designated place, Anderson must submit additional information demonstrating that San Isidro is a “community” for allot ment purposes. Communit y st at us may be proven by the test imony of local resident s or by objective or subjective evidence indicating the existence of a community. Some examples of objective indications of community status include the existence of political, social, economic, commercial, cultural, public service, or religious organizations and services in the community. See, e. g. , Kenansville, Florida, 5 FCC Rcd 2663 (Policy and Rules Div. 1990), aff’d., 10 FCC Rcd 9831 (1995). FCC Contact: R. Barthen Gorman (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 December 10, 2001, and reply comments on or before December 26, 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. For further information concerning a proceeding listed above, contact the FCC contact listed 3 Federal Communications Commission DA 01- 2445 4 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 a 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 4 Federal Communications Commission DA 01- 2445 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 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 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, SW; TW- A325, Washington, D. C. 20554. 5 Federal Communications Commission DA 01- 2445 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 Reference Information Center (Room CY- A257) at its headquarters, 445 Twelfth Street, SW, Washington, D. C. 6