*Pages 1--6 from Microsoft Word - 41854* Federal Communications Commission DA 04- 2859 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. (Cross Plains, Texas) (Fernley, Nevada) (Oroville, California) (Pittsburg, Oklahoma) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 04- 348 RM- 10718 MB Docket No. 04- 349 RM- 10827 MB Docket No. 04- 350 RM- 10815 MB Docket No. 04- 351 RM- 10828 NOTICE OF PROPOSED RULEMAKING Adopted: September 1, 2004 Released: September 3, 2004 Comment Date: October 25, 2004 Reply Comment Date: November 9, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it for consideration a multiple docket Notice of Proposed Rule Making setting forth four separate proposals to amend the FM Table of Allotments, Section 73.202( b) of the Commission's Rules. 1 The petitioner for each proposal has stated that it will apply for each requested channel, if allotted. 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 rule making number and the Commission's Reference Information 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 for rule making by avoiding duplicative actions. We request comments and/ or counterproposals to the following proposals: 1 47 C. F. R. 73. 202( b). 1 Federal Communications Commission DA 04- 2859 2 A. MB Docket No. 04- 348; RM- 10718 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Proposal: Allot Channel 294A at Cross Plains, Texas, as that community's first local aural transmission service. 2 Community Present Proposed Cross Plains, Texas -------- 294A Coordinates: 32- 06- 48 NL and 99- 18- 45 WL Additional Information: The allotment requires a site restriction of 14 kilometers (8.7 miles) west to avoid a short- spacing to the license sites of FM Stations KKHR, Channel 292C2, Abilene, Texas and KKDL, Channel 294C, Muenster, Texas. FCC Contact: Rolanda F. Smith (202) 418- 2180 B. MB Docket No. 04- 349; RM- 10827 Petitioner: Linda A. Davidson 2134 Oak Street, Unit C Santa Monica, California 90405 Proposal: Allot Channel 231C3 at Fernley, Nevada, as that community's first local aural transmission service. Community Present Proposed Fernley, Nevada ---------- 231C3 Coordinates: 39- 37- 00 NL and 119- 08- 51 WL Additional Information: The allotment requires a site restriction of 9 kilometers (5.6 miles) east to avoid a short- spacing to the license site of FM Station KHXR, Channel 233C2, Sun Valley, Nevada. Fernley is a Census Designated Place (“ CDP”) located in Lyon County, Nevada with a 2000 U. S. Census population of 8,543 persons. The designation of an area as a CDP raises the presumption that an area is a “community” for allotment purposes, that presumption is rebuttable. 3 Petitioner must submit additional information demonstrating that Fernley is a “community” for allotment purposes. Community status may 2 Cross Plains is an incorporated town with a 2000 U. S. Census population of 1, 068 persons. Cross Plains has its own zip code, volunteer fire department, post office, mayor, city offices and a number of local churches. 3 See Stock Island, Florida, 8 FCC Rcd 343 (M. M. Bur. 1993); East Hemet, California, et al., 4 FCC Rcd 7895 (M. M. Bur. 1989); and Hannahs Mill and Milledgeville, Georgia, 7 FCC Rcd 3944 (M. M. Bur. 1992). 2 Federal Communications Commission DA 04- 2859 3 be proven by the testimony of local residents or by objective or subjective evidence indicating the existence of a community. Some examples of objective indications of community status include the existence of political, social, economic, commercial, cultural, public service, or religious organizations and services in the community. 4 FCC Contact: Rolanda F. Smith (202) 418- 2180 C. MB Docket No. 04- 350; RM- 10815 Petitioner: Linda A. Davidson 2134 Oak Street, Unit C Santa Monica, California 90405 Proposal: Allot Channel 272A at Oroville, California, as that community's second local aural transmission service. Community Present Proposed Oroville, California 249B1 249B1, 272A Coordinates: 39- 35- 51 NL and 121- 34- 11 WL Additional Information: This allotment requires a site restriction of 9.4 kilometers (5.8 miles) north to avoid short- spacing to the license sites of FM Stations KCEZ, Channel 271B1, Los Molin, California and KSFM, Channel 273B, Woodland, California. FCC Contact: Rolanda F. Smith (202) 418- 2180 D. MB Docket No. 04- 351; RM- 10828 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Proposal: Allot Channel 232A at Pittsburg, Oklahoma, as that community's first local aural transmission service. 5 Community Present Proposed Pittsburg, Oklahoma ---------- 232A Coordinates: 34- 41- 15 NL and 95- 42- 19 WL 4 See Hayfield, VA, 12 FCC Rcd 16373 (M. M. Bur 1997) and Kenansville, Florida, 5 FCC Rcd 2663 (M. M. Bur 1990), aff’d., 10 FCC Rcd 9831( 1995). 5 Pittsburg is an incorporated town with a 2000 US Census population of 280 persons. Pittsburg has its own mayor, post office, zip code (74560), fire department, city hall, school district and a number of churches. 3 Federal Communications Commission DA 04- 2859 4 Additional Information: This allotment requires a site restriction of 13.5 kilometers (8.4 miles) east to avoid short- spacing to the license site of FM Station KTSO, Channel 231C1, Glenpool, Oklahoma. To accommodate the Pittsburg allotment, Petitioner proposes the relocation of the reference coordinates for vacant Channel 232A at Cove, Arkansas. The proposed reference coordinates are 34- 21- 00 NL and 94- 30-00 WL. This proposed site is 12.5 kilometers (7.8 miles) southwest of Cove. FCC Contact: Rolanda F. Smith (202) 418- 2180 3. Comments, reply comments, counterproposals and other pleadings filed in response to this multiple docket Notice of Proposed Rule Making should reference only the specific 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. Pursuant to 47 C. F. R. Sections 1.415 and 1.419, interested parties may file comments on or before October 25, 2004, and reply comments on or before November 9, 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, as listed above for each docket. 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. 6 This document does not contain [new or modified] information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104- 13. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107- 198, see 44 U. S. C. 3506( c)( 4). 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 in the applicable docket 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 any summary of any new information shall be served by the person making the presentation upon the other parties to the proceeding in 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 the proceeding. 7. 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 6 See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend 47 C. F. R. Sections 73.202( b), 73.504 and 73.606( b). 46 FR 11549 (February 9, 1981). 4 Federal Communications Commission DA 04- 2859 5 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. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Attachment: Appendix 5 Federal Communications Commission DA 04- 2859 6 APPENDIX 1. Pursuant to authority found in 47 U. S. C. Sections 4( i), 5( c)( 1), 303( g) and (r), and 307( b), and 47 C. F. R. Sections 0.61, 0.204( b) and 0. 283, IT IS PROPOSED TO AMEND the FM Table of Allotments, 47 C. F. R. Section 73.202( b), 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 47 C. F. R. Section 1.420( d).) (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 47 C. F. R. Sections 1.415 and 1.420, 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 47 C. F. R. Section 1.420( a), (b) and (c).) Comments should be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S. W., TW- A325, Washington, D. C. 20554. 5. Number of Copies. In accordance with the provisions of 47 C. F. R. Section 1.420, 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 12 th Street, S. W, Washington, D. C. 6