*Pages 1--4 from Microsoft Word - 6673.doc* 1 Federal Communications Commission DA 01- 252 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 01- 24 Table of Allotments, ) RM- 10052 FM Broadcast Stations. ) (Hewitt, Texas) NOTICE OF PROPOSED RULE MAKING Adopted: January 24, 2001 Released: February 2, 2001 Comment Date: March 26, 2001 Reply Date: April 10, 2001 By the Chief, Allocations Branch 1. The Commission has before it for consideration a Petition for Rule Making filed on behalf of Bordeaux Radio Broadcasting (“ BRB”), requesting the allotment of Channel 294A to Hewitt, Texas, as the community’s first local service. BRB has stated that it would file an application for an FM allotment at Hewitt if the channel is allotted to the community. 2. We believe the proposal warrants consideration because the proposed allotment would provide a first local service to the community of Hewitt, Texas. In support of its proposal, BRB states that Hewitt is deserving of an FM station and clearly meets the Commission’s requirements for community status. According to BRB, the community of Hewitt, located in McLennan County, has a 1990 U. S. Census population of 8,983 people, its own schools, police and fire departments, churches, medical clinics, library, weekly newspaper, Chamber of Commerce, banks, local airport and approximat ely 300 commercial business establishments. A staff engineering analysis indicates that Channel 294A can be allotted to Hewitt consistent with the minimum distance separation requirements of the Commission’s Rules provided there is a sit e rest rict ion 5. 3 kilomet ers (3. 3 miles) sout h of the communit y. 1 The site rest rict ion will prevent a conflict wit h St at ion KXGM, Channel 294C, Muenster, Texas. 2 1 The coordinates for Channel 294A at Hewitt are 31- 24- 52 and 97- 11- 23. 2 Channel 294A is in conflict with Channel 296A, Waco, Texas and Channel 294C, Granbury, Texas. However, 1 2 Federal Communications Commission DA 01- 252 3. In view of the fact that the proposed allotment could provide a first local service to Hewitt, the Commission believes it would serve t he public int erest to solicit comment s on the proposal to allot Channel 294A to Hewitt, Texas. Therefore, we will seek comment s on the proposed amendment t o the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, with respect to Hewitt, Texas: Channel No. Community Present Proposed Hewitt, Texas -------- 294A 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 March 26, 2001, and reply comments on or before April 10, 2001, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C., 20554. Additionally, a copy of such comments should be served on the petitioner's counsel, as follows: Robert Lewis Thompson Thiemann Aitken & Vohra, LLC 908 King Street, Suite 300 Alexandria, Virginia 22314 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 in MM Docket No. 98- 198, 15 FCC Rcd (2000), Channel 277A was substituted for Channel 296A, Waco (BPED20000804ADD), and Channel 296C1 was substituted for Channel 294C at Granbury and reallotted to Benbrook, Texas (BPH- 20000919ABQ). The effective date for the Report and Order in MM Docket No. 98- 198 was May 4, 2000. 2 3 Federal Communications Commission DA 01- 252 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 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 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- 252 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, 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 Public Reference Room at its headquarters, 445 Twelfth Street, SW, Washington, D. C 20554. 4