*Pages 1--6 from Microsoft Word - 39156* Federal Communications Commission DA 04- 1539 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. (Boligee, Alabama) (Jackson, Wyoming) (Matagorda, Texas) (Vaiden, Mississippi) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 04- 213 RM- 10991 MB Docket No. 04- 214 RM- 10992 MB Docket No. 04- 215 RM- 10993 MB Docket No. 04- 216 RM- 10994 NOTICE OF PROPOSED RULEMAKING Adopted: June 8, 2004 Released: June 10, 2004 Comments Date: August 2, 2004 Reply Comment Date: August 17, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it a multiple docket Notice of Proposed Rule Making setting forth separate proposals to amend the FM Table of Allotments, Section 73.202( b) of the Rules. Each proposal involves a new allotment to the community of license. Each petitioner states that it will file an application for construction and participate at auction if granted. We believe that each proposal warrants consideration because it complies with our technical requirements and would serve the public interest. 2. This is a multiple docket Notice of Proposed Rule Making issued in response to a Commission Public Notice released October 2, 1998 (DA 98- 1987). We are combining separate FM allotment proposals into a single Notice of Proposed Rule Making. Each proposal has its own docket and rulemaking number and the Commission’s Reference Center will maintain a separate file for each docket. As discussed in the Public Notice, this procedure will conserve Commission resources and expedite the processing of FM allotment petitions by avoiding duplicative actions. We request comments and/ or counterproposals for the following proposals: A. MB Docket No. 04- 213; RM- 10991 Petitioner: Greene County Broadcasting (“ Greene”) c/ o John C. Trent, Esq. Putbrese, Hunsaker, & Trent, P. C. 100 Carpenter Drive, Suite 100 1 Federal Communications Commission DA 04- 1539 2 Sterling, Virginia, 20167- 0217 Proposal: Allot Channel 297A at Boligee, Alabama, as the community’s first local aural transmission service. Channel Community Present Proposed Boligee, Alabama --- 297A Coordinates: 32- 48- 34 NL and 88- 06- 27 WL. Additional Information: Channel 297A can be allotted at Boligee at a site 9.5 kilometers (5.9 miles) northwest of the community. Greene states that the community has a population of 369 persons, according to the 2000 U. S. Census. It has a city government, post office and zip code. It also has a Head Start and junior high school, churches, and local businesses. We seek comment on the community status of Boligee, and Greene is requested to submit documentation on this issue. FCC Contact: Victoria McCauley (202) 418- 2180. B. MB Docket No. 04- 214; RM- 10992 Petitioner: Bulldog Broadcasting (“ Bulldog”) c/ o Scott C. Cinnamon, PLLC 1090 Vermont Ave., N. W. Suite 800 #144 Washington, DC 20005 Proposal: Allot Channel 249A at Jackson, Wyoming, as the community’s sixth local aural transmission service. Channel Community Present Proposed Jackson, Wyoming 227C, 237C, 245C1 227C, 237C, 245C1, 249A Coordinates: 43- 28- 42 NL and 110- 45- 42 WL. Additional Information: Channel 249A may be allotted at Jackson without a site restriction. Stations KMTN( FM), KZJH( FM), KUWJ( FM), KHJB- FM and KSGT( AM) are also licensed to the community. FCC Contact: Victoria McCauley (202) 418- 2180. C. MB Docket No. 04- 215; RM- 10993 Petitioner: Joseph L. Sandlin (“ Sandlin”) P. O. Box 2056 Bay City, Texas 77404- 2056 Proposal: Allot Channel 252A at Matagorda, Texas, as the community’s first local aural transmission service. 2 Federal Communications Commission DA 04- 1539 3 Channel Community Present Proposed Matagorda, Texas --- 252A Coordinates: 28 41- 25 NL and 95- 58- 02 WL. Additional Information: Channel 252A may be allotted at Matagorda without a site restriction. 1 Sandlin states that according to the Rand McNally Road Atlas, the community has a population of 650 persons. It is located in Matagorda County, which has a population of 37, 957 persons. Sandlin also states that Matagorda has a post office, elementary school, churches and businesses. We seek comment on the community status of Matagorda, and Sandlin is requested to submit documentation in support. FCC Contact: Victoria McCauley (202) 418- 2180. D. MB Docket No. 04- 216; RM- 10994 Petitioner: Team Broadcasting Co., Inc. (“ Team”) c/ o Mark N. Lipp, Esq. Vinson & Elkins, L. L. P. The Willard Office Building 1455 Pennsylvania Avenue, N. W. Washington, DC 20004- 1008 Proposal: Allot Channel 271A at Vaiden, Mississippi, as the community’s first local aural transmission service. Channel Community Present Proposed Vaiden, Mississippi --- 271A Coordinates: 33- 18- 03 NL and 89- 42- 54 WL Additional Information: Channel 271A can be allotted at Vaiden at Team’s requested site, 4.4 kilometers ( 2.7 miles) southeast of the community. Team states that Vaiden is an incorporated community with a 2000 U. S. Census population of 840 persons. It has an elected mayor and five aldermen who serve four- year terms. It has a zip code, many businesses, volunteer police and fire departments, churches, recreational facilities, and a library, as well as other indicia of community status. We seek comment on the community status of Vaiden, Mississippi, and request that Team submit further documentation to support its representations of indicia of community status. FCC Contact: Victoria McCauley (202) 418- 2180. 3. Pursuant to Sections 1.415 and 1.419 of the Commission’s Rules, interested parties may 1 A staff engineering analysis indicates that Channel 252A at Matagorda at Petitioner’s site is short- spaced to Channel 252C3, Sheridan, Texas, which was proposed but not adopted in MM Docket No. 99- 331. See Madisonville, et al., Texas, 18 FCC Rcd 640 (2003). A reconsideration petition of this order iding before the staff. If the allotment of Channel 252A at Matagorda is adopted before MM Docket No. 99- 331 is final, it will be conditioned on the outcome of that earlier proceeding, and any construction will be at the licensee’s risk. See Auburn, et al., Alabama, 18 FCC Rcd 10333 (2003). 3 Federal Communications Commission DA 04- 1539 4 file comments on or before August 2, 2004, and reply comments on or before August 17, 2004, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Federal Communications Commission, Office of the Secretary, 445 Twelfth Street, SW, TW- A325, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner’s counsel, as listed above for each docket. 4. Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission’s contractor, Natek, Inc., will receive hand- delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail or Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12 th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. 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. 2 6. For further information concerning a proceeding listed above, contact the FCC contact listed for that proceeding. 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 and shall not be considered in the proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Attachment: Appendix 2 See Certification that Section 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). 4 Federal Communications Commission DA 04- 1539 5 5 Federal Communications Commission DA 04- 1539 6 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. The person filing the comments shall serve comments on the petitioner. Reply comments shall be served on the person( s) who filed comments to which the reply is directed. A certificate of service shall accompany such comments and reply comments. (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. 6