*Pages 1--5 from Microsoft Word - 6914.doc* Federal Communications Commission DA 01- 417 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Amendment of Section 73.606( b), ) MM Docket No. 01- 53 Table of Allotments, ) RM- 10040 Television Broadcast Stations. ) (Galesburg, Illinois) ) ) ) NOTICE OF PROPOSED RULE MAKING Adopted: February 20, 2001 Released: February 21, 2001 Comment Date: April 16, 2001 Reply Comment Date: May 1, 2001 By the Chief, Video Services Division: 1. The Commission has before it a petition for rule making filed by Northwest Television, Inc. (" Northwest"), an applicant for a construction permit for a new television station to operate on channel 67 at Galesburg, Illinois. 1 Northwest requests the substitution of channel 53 for channel 67 at Galesburg. 2. Northwest states that its petition is being filed in accordance with the requirement that entities with pending applications for new full service NTSC television stations on channels 60 through 69 seek a new channel below channel 60. 2 Nort hwest denot es the public int erest will be served by 1 Northwest states it is one of four mutually- exclusive applicants for the existing channel 67 allotment at Galesburg. Northwest submits that the other applicants include DM Partners (File No. BPCT- 961001XU), Galesburg 67, LLC (File No. BPCT- 960930 KS), and Highlands Broadcasting, Inc. (File No. BPCT- 960919KT). Northwest states that simultaneously with the submission of this petition, a Joint Request for Universal Settlement of the Galesburg proceeding, is being filed with the Commission. Northwest states that the settlement contemplates Northwest as the surviving applicant and all parties specifically support this petition and agree to amend their applications with the requested channel change. 2 On January 6, 1998, the Commission issued a Report and Order in ET Docket No. 97- 157 which designated the 746- 806 MHz band (television channels 60- 69) for public safety use and commercial fixed, mobile and broadcasting services. See Reallocation of Television Channels 60- 60, 12 FCC Rcd 22953 (1998). On November 22, 1999, the Commission released a Public Notice (Public Notice) DA 99- 2605, announcing a window filing opportunity to allow persons with certain pending requests for new NTSC television stations to modify their requests to move from channels 60 through 69. Northwest has amended its application and now seeks to relocate to a lower channel by filing a petition for rule making to change the TV Table of Allotments pursuant to the provisions outlined in the Commission's Public Notice. 1 Federal Communications Commission DA 01- 417 2 continuing to provide for a previously allocated new television service to residents of Galesburg, by adopting its channel substitution proposal, while providing interference protection both to DTV and other NTSC services. 3. We believe Northwest's proposal warrants consideration since the channel substitution will permit Nort hwest to facilit at e the implement at ion of TV service to the communit y of Galesburg. A staff engineering analysis indicates that Channel 53 can be allotted to Galesburg 3 with a zero offset consistent with the criteria set forth in the Commission's Public Notice for evaluating requests for NTSC channel changes. Pursuant to the Commission's policy as not ed in it s Public Notice, we will not accept competing expressions of interest in the use of television channel 53 at Galesburg. 4 4. Accordingly, we seek comments on the proposed amendment of the TV Table of Allotments, Section 73.606( b) of the Commission's Rules, for the community listed below, to read as follows: Channel No. City Present Proposed Galesburg, Illinois 67 53 5. 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. 6. Interested parties may file comments on or before April 16, 2001, and reply comments on or before May 1, 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 3 The coordinates for channel 53 at Galesburg are North Latitude 41- 18- 45 and West Longitude 90- 22- 45. 4 New and amended rulemakings petitions submitted during the noted window filing opportunity will be subject to the Commission's normal notice and comment procedures. However, the Commission indicated in the Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968 (1996), that new proposals for additional NTSC channel allotments will not be accepted. Furthermore, new parties may not counterproposal a new NTSC allotment in the same or nearby communities. The opportunity for filing counterproposals is limited to those parties with existing petitions and applications that are the subject of the announced filling window indicated in the Commission's Public Notice. 2 Federal Communications Commission DA 01- 417 3 petitioner, or its counsel or consultant, as follows: George R. Borsari, Jr. Anne Thomas Paxson Borsari & Paxson 2021 L Street, NW Suite 402 Washington, DC 20036 (Counsel for Northwest Television, Inc.) 7. 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 TV Table of Allotments, Section 73.606( b). See Certification That Sections 603 and 604 of the Regulatory Flexibilit y Act Do Not Apply to Rule Making to Amend Sections 73.202( b), 73.504 and 73.606( b) of the Commission's Rules, 46 FR 11549, February 9, 1981. The Regulatory Flexibilit y Act of 1980 would also not apply to rule making proceedings to amend the DTV Table of Allotments, Section 73.622( b) of the Commission's Rules. 8. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418- 1600. 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 the other parties to the proceeding unless the 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 the proceeding. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Services Division Mass Media Bureau Attachment: Appendix 3 Federal Communications Commission DA 01- 417 4 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 DTV Table of Allotments, Section 73.622( 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 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 t he Commission's Rules.) Comment s should be filed wit h the Secret ary, 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, 4 Federal Communications Commission DA 01- 417 5 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 Center (Room CY- A257) at its headquarters, 445 12th Street, S. W., Washington, D. C. 5