*Pages 1--2 from  Microsoft Word - 33774*
 Federal  Communications  Commission  DA  03-  3746 
 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.  (Rising  Star,  Texas) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MB  Docket  No.  03-  175  RM-  10719 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  November  21,  2003  Released:  November  26,  2003 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rulemaking  1  issued  at  the  request  of  Charles  Crawford  (“  Crawford”),  requesting  the  allotment  of  Channel  290C3  at  Rising  Star,  Texas. 
 Crawford  filed  late  comments  expressing  his  interest  in  the  allotment  of  Channel  290C3  at  Rising  Star.  Katherine  Pyeatt  (“  Pyeatt”)  filed  a  counterproposal  proposing  a  Channel  224C3  allotment  at  Gustine, 
 Texas.  No  other  comments  were  filed  in  response  to  the  Notice.  For  the  reasons  discussed  below,  we  are  dismissing  both  the  underlying  proposal  for  a  Channel  290C3  allotment  at  Rising  Star  and  the 
 counterproposal  for  a  Channel  224C3  allotment  at  Gustine. 
 2.  Crawford’s  comments  were  received  at  the  Commission  after  the  initial  comment  deadline  unaccompanied  by  a  motion  to  accept.  It  is  the  responsibility  of  the  party  submitting  comments  to 


 ensure  that  documents  are  delivered  to  the  Commission  on  time.  2  Paragraph  2  of  the  Appendix  to  the  Notice  of  Proposed  Rule  Making  clearly  states  that  a  rulemaking  petitioner  is  expected  to  file  a 
 continuing  expression  of  interest  by  the  initial  comment  date.  Since  Crawford’s  comments  were  not  accompanied  by  a  request  for  late  acceptance  and  did  not  contain  an  explanation  for  filing  after  the  initial 
 comment  date,  we  will  not  accept  his  late-  filed  expression  of  interest.  Moreover,  in  view  of  the  filing  of  a  timely  counterproposal  herein,  we  cannot  consider  Crawford’s  untimely  expression  of  interest. 
 Therefore,  having  determined  that  the  initial  comments  of  Crawford  are  deficient,  and  no  other  parties  have  stated  an  interest  in  an  allotment  at  Rising  Star,  Texas,  no  further  consideration  will  be  made  with 
 regard  to  an  allotment  at  Rising  Star. 
 3.  We  are  also  dismissing  the  counterproposal  for  Channel  224C3  at  Gustine,  Texas.  In  order  to  accommodate  this  allotment,  Pyeatt  proposed  a  series  of  channel  substitutions,  including  the 


 substitution  of  Channel  287A  for  Channel  288A  at  Coahoma,  Texas.  However,  the  proposed  Channel  287A  allotment  at  Coahoma  is  short-  spaced  to  the  licensed  site  of  Station  KTXC,  Channel  284C1, 


 1  See  Rising  Star,  Texas,  18  FCC  Rcd  15402  (MB  2003). 
 2  See  Gosnell  and  Osceola,  Arkansas;  Germantown  and  Ripley,  Tennessee,  4  FCC  Rcd  6170  (MMB  1989). 
1
 Federal  Communications  Commission  DA  03-  3746 
 2 
 Lamesa,  Texas,  and  cannot  be  considered.  3 
 4.  IT  IS  ORDERED,  That  the  petition  for  rule  making  filed  by  Charles  Crawford,  proposing  the  allotment  of  Channel  290C3  at  Rising  Star,  Texas,  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That  the  Counterproposal  filed  by  Katherine  Pyeatt  IS  DISMISSED. 
 6.  For  further  information  regarding  the  proceeding  listed  above,  contact  Kathleen  Scheuerle,  (202)  418-  2180. 
 7.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 


 3  See  47  C.  F.  R.  §73.  208. 
2