*Pages 1--6 from Microsoft Word - 15339* Federal Communications Commission DA 02- 488 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 02- 43 Table of Allotments, ) RM- 10384 FM Broadcast Stations. ) (Milan, New Mexico) ) NOTICE OF PROPOSED RULE MAKING Adopted: February 20, 2002; Released: March 1, 2002 Comment Date: April 22, 2002 Reply Comment Date: May 7, 2002 By the Chief, Allocations Branch: 1. The Allocations Branch has before it the petition for rule making filed by Don Davis (" petitioner") proposing the allotment of Channel 270A at Milan, New Mexico, as the community’s second local FM transmission service. Petitioner states his intention to apply for the channel, if allotted. 1 2. We believe the proposal warrants consideration since the allotment of Channel 270A at Milan, New Mexico, would provide the community with an additional local FM transmission service. An engineering analysis has determined that Channel 270A can be allotted to Milan in compliance with the Commission’s minimum distance separation requirements at city reference coordinates. 2 3. 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 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 270A at Milan are 35- 10- 11 North Latitude and 107- 53- 24 West Longitude. 1 Federal Communications Commission DA 02- 488 2 follows: 2 Federal Communications Commission DA 02- 488 3 City Channel No. Present Proposed Milan, New Mexico 264C0 3 264C0, 270A 4. 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. 5. Interested parties may file comments on or before April 22, 2002, and reply comments on or before May 7, 2002, 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, his counsel or consultant, as follows: Mr. Don Davis 809 Wellesley NE. Albuquerque, New Mexico 87106 (Petitioner) 6. 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. 7. For further information concerning this proceeding, contact Sharon P. McDonald, 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 3 On November 7, 2001, a Report and Order was adopted reallotting Channel 264C0 from Grants to Milan, New Mexico. See 16 FCC Rcd 63629 (2001); 66 FR 20323, December 10, 2001. 3 Federal Communications Commission DA 02- 488 4 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 the proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau Attachment: Appendix 4 Federal Communications Commission DA 02- 488 5 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 Federal Communications Commission DA 02- 488 6 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 Center (Room 239) at its headquarters, 1919 M Street, N. W., Washington, D. C. 6