*Pages 1--5 from Microsoft Word - 5984.doc* Federal Communications Commission DA 01- 64 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b) ) MM Docket No. 01- 4 Table of Allotments, ) RM- 10020 FM Broadcast Stations. ) (Willow Creek, California) ) NOTICE OF PROPOSED RULE MAKING Adopted: January 3, 2001 Released: January 12, 2001 Comment Date: March 5, 2001 Reply Comment Date: March 20, 2001 By the Chief, Allocations Branch: 1. The Commission considers herein a petition for rule making filed on behalf of Four Rivers Broadcasting, Inc. (“ petitioner”), proposing the allotment of Channel 254A to Willow Creek, California, as that community’s first local aural transmission service. Petitioner states that, if the channel is allotted to Willow Creek, petitioner will file an application for a construction permit for the new allotment, and if its application is granted, will promptly construct the new facility. 2. Petitioner states that Willow Creek, California is a Census Designated Place and had a 1990 U. S. Census population of 1,576. Petitioner observes that Willow Creek has its own chamber of commerce, volunteer fire department, and post office, as well as 50 business organizations, six churches, a museum and several health/ medical facilities (a dental clinic, family medical center, one outpatient clinic, a family health center and a rehabilitation and sports center). Several businesses have “Willow Creek” as part of their name, such as “Willow Creek Pharmacy.” 3. A staff analysis has determined that the proposed Channel 254A allotment at Willow Creek, California, cannot be site restricted to clear both the vacant allotment for Channel 254C1 at Keno, Oregon and Station KAJK- FM, Channel 256C1 at Ferndale, California, and still allow the Willow Creek, Channel 254A allotment to provide 70 dBu coverage to Willow Creek. Nevert heless, Channel 295A can be allotted to Willow Creek, California, consist ent wit h Sect ions 73. 207( b)( 1) and 73.315( a) of the Commission’s Rules at the center city coordinates for Willow Creek, namely, 40- 56-24 NL and 123- 37- 48 WL. 4. Since allotting Channel 295A to Willow Creek, California, would provide a first local broadcast service to Willow Creek, the Commission believes that it would serve the public interest to solicit comments on the possible allotment of Channel 295A to Willow Creek. Accordingly, we seek comments on the proposed amendment to the FM Table of Allotments, Section 73.202( b) of the 1 Federal Communications Commission DA 01- 64 2 Commission’s Rules, with respect to Willow Creek, as follows: Channel No. Community Present Proposed Willow Creek ------ 295A 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 March 5, 2001, and reply comments on or before March 20, 2001, 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; Room TW- A325, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner’s counsel, as follows: Howard M. Weiss Alison J. Shapiro Fletcher, Heald & Hildreth, P. L. C. 1300 North 17 th Street, 11 th Floor Arlington, Virginia 22209 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 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. 8. For further information concerning this proceeding, contact R. Barthen Gorman, 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 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 2 Federal Communications Commission DA 01- 64 3 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- 64 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 at t ached. Proponent will be expect ed t o answer what ever 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 prompt ly. 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 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 proposal in this Notice, they will be considered as comment s in t he 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 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. Comment s and Reply Comment s; Service. Pursuant t o applicable procedures set out in Sect ions 1.415 and 1.420 of the Commission's Rules and Regulat ions, int erest ed part ies may file comment s 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 t he comment s. Reply comment s 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 Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Room TW- A325, Washington, D. C. 20554. 4 Federal Communications Commission DA 01- 64 5 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. 20554. 5