*Pages 1--4 from Microsoft Word - 12268.doc* Federal Communications Commission DA 01- 2446 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 01- 303 Table of Allotments, ) RM- 10306 FM Broadcast Stations. ) (Birch Tree, Missouri) ) NOTICE OF PROPOSED RULE MAKING Adopted: October 10, 2001 Released: October 19 , 2001 Comment Date: December 10, 2001 Reply Date: December 26, 2001 By the Chief, Allocations Branch 1. The Commission has before it for consideration a Petition for Rule Making filed by Charles Crawford (“ Crawford”) requesting the allotment of Channel 241A at Birch Tree, Missouri. Crawford stated that he would file an application for Channel 241A at Birch Tree, if the channel is allotted to the communit y. 2. We believe the proposal warrants consideration because the proposed allotment could provide additional local FM broadcast service to the community of Birch Tree. Crawford submits that Birch Tree has a population in excess of 630 people. Crawford also states that Birch Tree has its own local government with a mayor, post office, school system, volunteer fire department, city hall and a number of local churches serving the community. A staff engineering analysis indicates that Channel 241A can be allotted to Birch Tree consistent with the minimum distance separation requirements of the Commission’s Rules provided there is a sit e rest rict ion 10. 5 kilomet ers (6. 5 miles) sout heast of the communit y. 1 The sit e rest rict ion will prevent a conflict wit h St at ion KKID, Channel 240C3, Salem, Missouri. 1 The coordinates for Channel 241A at Birch Tree are 36- 55- 36 and 91- 24- 23. 1 2 Federal Communications Commission DA 01- 2446 3. In view of the fact that the proposed allotment could provide additional local service to Birch Tree, Missouri, the Commission believes it would serve the public int erest to solicit comment s on t he proposal to allot Channel 241A to Birch Tree. Therefore, we will seek comment s on the proposed amendment to the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, with respect to Birch Tree, Missouri: Channel No. Community Present Proposed Birch Tree, Missouri 296C3 241A, 296C3 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 December 10, 2001, and reply comments on or before December 26, 2001, and are advised to read the Appendix for the proper procedures. Comment s should be filed wit h the Secret ary, Federal Communicat ions Commission, Washingt on, D. C., 20554. Additionally, a copy of such comments should be served on the petitioner, as follows: Charles Crawford 4553 Bordeaux Avenue Dallas, Texas 75205 6. The Commission has det ermined that the relevant provisions of t he 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), 73.504 and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 7. For further information concerning this proceeding contact Kathleen Scheuerle, 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 3 Federal Communications Commission DA 01- 2446 information shall be served by the person making the presentation upon other parties to the proceeding unless t he Commission specifically waives t his 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 3 4 Federal Communications Commission DA 01- 2446 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, Portals II, 445 Twelfth Street, SW, 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 at its headquarters, Portals II, 445 Twelfth Street, SW, Room CY- A257, Washington, D. C 20554. 4