*Pages 1--4 from Microsoft Word - 13786.doc* Federal Communications Commission DA 01- 2985 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b) ) MM Docket No. 01- 345 Table of Allotments, ) RM- 10344 FM Broadcast Stations. ) (Wickenburg and Salome, Arizona ) NOTICE OF PROPOSED RULE MAKING Adopted: December 12, 2001 Released: December 21, 2001 Comment Date: February 11, 2002 Reply Comment Date: February 26, 2002 By the Chief, Allocations Branch: 1. The Commission considers herein a petition for rule making filed on behalf of Circle S Broadcasting Co., Inc. (“ petitioner”), licensee of Station KSWG( FM), 1 Wickenburg, Arizona. Petitioner seeks the substitution of Channel 242C for Channel 242C3 at Wickenburg, and modification of its license to specify operation on the higher class channel. In order to accommodate its request in conformity wit h the minimum dist ance separat ion requirement s of the Commission’s Rules, pet it ioner also seeks the substitution of Channel 270A for vacant Channel 241A at Salome, Arizona. Petitioner states its intention to apply for Channel 242C if allotted to Wickenburg, as requested. 2. We believe the petitioner’s proposal warrants consideration as the proposed upgrade will increase Station KSWG( FM) ’s service area, creating a net gain of service to 78,588 people in an area of 11,618 square kilometers. Further, our analysis has determined that Channel 242C can be allotted to Wickenburg consist ent wit h the technical requirement s of the Commission’s Rules, ut ilizing t he pet it ioner’s specified sit e locat ed 24. 6 kilomet ers (15. 3 miles) west of t he communit y at coordinat es 33- 54- 15 NL and 112- 59- 02 WL. Additionally, Channel 270A can be substituted for Channel 241A at Salome without altering the reference site of the vacant channel at coordinates 33- 46- 54 NL and 113- 36- 42 WL. Wickenburg and Salome are each located within 320 kilometers (199 miles) of the U. S. -Mexico border, and therefore, concurrence in the specified allotment proposals by the Mexican government must be obtained. 3. In light of the above, we seek comments on the proposed amendments to the FM Table of 1 The license for Station KSWG( FM) was modified effective October 9, 2001, to specify operation on Channel 242C3 at Wickenburg. See 16 FCC Rcd 15793 (2001). 1 Federal Communications Commission DA 01- 2985 2 Allotments, Section 73.202( b) of the Commission’s Rules, wit h respect to the communit ies list ed below, as follows: Channel No. City Present Proposed Wickenburg, Arizona 242C3, 287C2 242C, 287C2 Salome, Arizona 241A 270A 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 February 11, 2002, and reply comments on or before February 26, 2002, and are advised to read the Appendix for the proper procedures. Comment s should be filed wit h the Federal Communicat ions Commission, Office of the Secret ary, 445 Twelfth Street, SW; TW- A325, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner’s counsel, as follows: Lee J. Peltzman, Esq. Shainis & Peltzman, Chartered 1850 M Street, N. W., Suite 240 Washington, DC 20036 6. 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 t o Amend Sect ions 73. 202( b), and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 7. For further information concerning this proceeding, contact Nancy Joyner, 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 information shall be 2 Federal Communications Commission DA 01- 2985 3 served by the person making the presentation upon the 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 that 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 Attachment: Appendix 3 Federal Communications Commission DA 01- 2985 4 APPENDIX 1. Pursuant to authority contained 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 discussed in the Notice of Proposed Rule Making to which this Appendix is attached. Proponent 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 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 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 Reference Information Center (Room CY- A257), at its headquarters, 445 Twelfth Street, SW., Washington, D. C. 4