*Pages 1--4 from Microsoft Word - 7608.doc* Federal Communications Commission DA 01- 692 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Section 73.202( b), FM Table of Allotments, FM Broadcast Stations. Bordelonville, Louisiana ) ) ) ) ) ) ) ) ) MM Docket No. 01- 68 RM- 10087 NOTICE OF PROPOSED RULE MAKING Adopted: March 7, 2001 Released: March 16, 2001 Comment date: May 7, 2001 Reply comment date: May 22, 2001 By the Chief, Allocations Branch: 1. The Allocations Branch has before it a petition for rulemaking filed by Bramah Broadcasting, Inc. (“ petitioner”), requesting the allotment of Channel 280A at Bordelonville, Louisiana, as the community’s first local aural transmission service. 1 Petitioner states that if the channel is allotted, it will apply for a station on Channel 280A at Bordelonville, and if granted, promptly construct a station. 2. In support of its proposal, petitioner states that the community of Bordelonville is a community for allotment purposes. It states that Bordelonville has a 1990 U. S. Census population of 2,000 persons, that it is unincorporated, but has a local government in the form of a police jury. It states that the community has its own post office and zip code and that it has public services, such as a city center. It has several businesses and churches. 3. We believe petitioner's proposal warrants consideration since the allotment of Channel 280A at Bordenville could provide the community with its first local aural service. Channel 280A can be allotted to Bordelonville in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. 2 1 Section 1. 52 of the Commission's Rules requires that all pleadings filed by parties not represented by legal counsel be signed and verified by the petitioner and provide the petitioner's mailing address. In this case, petitioner signed the petition and provided his address. However, he did not submit a statement attesting that the information included in his petition is correct and true to the best of his knowledge. Therefore, petitioner is requested to submit a subscription and verification statement in his responsive comments to this Notice. 2 The coordinates for Channel 280A at Bordelonville are 31- 06- 19 North Latitude and 91- 54- 26 West Longitude. We recognize that petitioner proposed a transmitter site 19.4 kilometers (12.1 miles) east of Bordelonville. However, where, as here, a proposed allotment would be subject to competing applications, it is (continued….) 1 Federal Communications Commission DA 01- 692 2 4. Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, for the community listed below, to read as follows: Channel No. City Present Proposed Bordelonville, Louisiana -- 280A 5. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and filing requirements are contained in the attached Appendix and are incorporated 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 May 7, 2001, and reply comments on or before May 22, 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, or its counsel or consultant, as follows: Roosevelt Gremillion Bramah Broadcasting, LLC 8677 St. Joseph St. New Roads, LA 70760 7. The Commission has determined that the relevant provisions of the Regulatory Flexibility 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 Flexibility 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. 8. For further information concerning this proceeding, contact Victoria M. McCauley, 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 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 (Continued from previous page) the Commission's policy to allot the channel with the least site restriction necessary. See, Stuart and Boone, Iowa, 5 FCC Rcd 4537 (1990), recon. den., 6 FCC Rcd 6036 (1991). 2 Federal Communications Commission DA 01- 692 3 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- 692 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 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 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 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 proposals 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 Reference Information Center, at its headquarters, 445 12th Street, S. W., Washington, D. C. 4