*Pages 1--6 from Microsoft Word - 16207* Federal Communications Commission DA 02- 737 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) Table of Allotments, ) FM Broadcast Stations. ) (Nantucket, Massachusetts) ) MB Docket No. 02- 72 ) RM- 10399 ) (Cameron, Arizona) ) MB Docket No. 02- 73 ) RM- 10400 ) (Ferrysburg, Michigan) ) MB Docket No. 02- 74 ) RM- 10401 NOTICE OF PROPOSED RULE MAKING Adopted: March 25, 2002 Released: March 29, 2002 Comment Date: May 20, 2002 Reply Date: June 4, 2002 By the Assistant Chief, Audio Division 1. Before the Commission for consideration is a Notice of Proposed Rule Making setting forth three proposals to amend the FM Table of Allotments, Section 73.202( b) of the Rules. The petitioners have stated that they will apply for the requested channels, if allotted. We believe that the proposals warrant consideration because they comply with our technical requirements and would serve the public interest. We request comments and/ or counterproposals to the following proposals: Petitioner: John Garabedian 24 Fairview Drive Southborough, Massachusetts 01772 Proposal: Allot Channel 254B1 at Nantucket, Massachusetts as the community’s fourth FM broadcast service and second commercial FM broadcast service. Community Present Proposed 1 Federal Communications Commission DA 02- 737 2 Nantucket, Massachusetts 242B 242B, 254B1 Coordinates: 41- 16- 54 NL and 70- 06- 06 WL Additional Information: The proposed allotment of Channel 254B1 at Nantucket requires no site restriction at the center city reference coordinates indicated above. Nantucket is a town with a population of 6,012 persons. FCC Contact: Deborah A. Dupont (202) 418- 7072 Petitioner: McCody Broadcasting Group, Inc. Jeffrey A. Smith, Executive Vice President 885 Third Avenue, 34 th Floor New York, New York 10022 Proposal: Allot Channel 246A at Cameron, Arizona as the community’s first local broadcast service. Community Present Proposed Cameron, Arizona --- 246A Coordinates: 35- 52- 30 NL and 111- 24- 48 WL Additional Information: The proposed allotment of Channel 254B1 at Cameron requires no site restriction at the center city reference coordinates indicated above. Petitioner states that Cameron is a Census Designated Place with its own zip code (86020) and that Cameron has a population of 978 persons, according to the 2000 U. S. Census. Petitioner further states that Cameron is an important crossroads town, at the junction of U. S. Highway 89 and State Highway 64, in an area that is otherwise relatively sparsely populated. Petitioner explains that Cameron stands at the start of one of two approaches to the South Rim of the Grand Canyon, one of the most popular tourist attractions in the United States. Petitioner indicates that Cameron has a school (Cameron Elementary School) and five churches. FCC Contact: Deborah A. Dupont (202) 418- 7072 Petitioner: Northern Paul Bunyan Radio Company C/ o Robert J. Buenzle, Counsel 12110 Sunset Hills Road – Suite 450 Reston, Virginia 22090 2 Federal Communications Commission DA 02- 737 3 Proposal: Allot Channel 226A at Ferrysburg, Michigan as the community’s first local broadcast service. Community Present Proposed Ferrysburg, Michigan --- 226A Coordinates: 43- 06- 04 NL and 86- 11- 29 WL Additional Information: The proposed allotment of Channel 226A at Ferrysburg requires a site restriction of 2.7 km (1.7 miles) northeast of Ferrysburg at the coordinates indicated above. The proposed allotment will require concurrence by Canada because it is located within 320 kilometers (199 miles) of the Canadian border. Ferrysburg is an incorporated community with a population of 2,919 persons. FCC Contact: Deborah A. Dupont (202) 418- 7072 3. Comments, reply comments, counterproposals and other pleadings filed in response to this Notice of Proposed Rule Making should reference the docket to which the filing pertains. 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 in paragraph 2 of the Appendix before a channel will be allotted. 4. Interested parties may file comments on or before May 20, 2002, and reply comments on or before June 4, 2002, and are advised to read the Appendix for the proper procedures. Additionally, a copy of any filing should be served on the petitioner. 5. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to a rule making proceeding to amend the FM Table of Allotments, Section 73.202( b) of the Commission’s Rules. See Certification that Section 603 and 604 of the Regulatory Flexibility Do Not Apply to Rule Making to Amend Sections 73.202( b), 73.504 and 73.606( b) of the Commission’s Rules, 46 Fed. Reg. 11549 (February 9, 1981). 6. For further information concerning this proceeding, contact Deborah A. Dupont, the designated FCC contact, at the telephone number indicated above. 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 in the applicable docket is no 3 Federal Communications Commission DA 02- 737 4 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 any summary of any new information shall be served by the person making the presentation upon the other parties to the proceeding in the particular docket 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 this proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos, Assistant Chief Audio Division Office of Broadcast License Policy Media Bureau 4 Federal Communications Commission DA 02- 737 5 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 (TV) Table of Allotments, Section 73.202( b) (73.606( 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. The 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( 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 5 Federal Communications Commission DA 02- 737 6 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. 6