Federal Communications Commission DA 09-2263 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MB Docket No. 09-190 Table of Allotments, ) RM-11566 FM Broadcast Stations. ) (Stonewall, Mason, and Santa Anna, Texas) ) NOTICE OF PROPOSED RULE MAKING Adopted: October 21, 2009 Released: October 23, 2009 Comment Date: December 14, 2009 Reply Date: December 29, 2009 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Petition for Rule Making filed by Katherine Pyeatt (“Petitioner”), requesting the allotment of Channel 280A as a first local service at Stonewall, Texas. In order to allot Channel 280A at Stonewall, Petitioner further requests a change in reference coordinates for two vacant FM channels, Channel 281C2 at Mason, Texas, and Channel 282A at Santa Anna, Texas. 2. Stonewall is a census-designated place with a population of 469 persons. Stonewall has its own post office, fire department, elementary school, and a number of local churches. It is home to the Stonewall Chamber of Commerce and the Stonewall Heritage Society, and holds a number of local events with the name “Stonewall” in the caption. Stonewall is a community for allotment purposes and is deserving of its own local radio service. This proposal warrants consideration because it complies with our technical requirements and could serve the public interest. 3. In order to allot Channel 280A at Stonewall, Petitioner requests that the reference coordinates be changed for two existing vacant FM channels, Channel 281C2 at Mason, Texas, and Channel 282A at Santa Anna, Texas. With the requested changes in reference coordinates for those two vacant channels, Channel 280A can be allotted as a first local service at Stonewall, Texas, in compliance with the requirements of the Commission’s rules. In addition, concurrence by the Government of Mexico is required for the allotment of Channel 280A at Stonewall, Texas, because the proposed allotment is located within 320 kilometers (199 miles) of the U.S.-Mexican border. For the same reason, concurrence by the Government of Mexico is required for the changes in reference coordinates for vacant Channel Federal Communications Commission DA 09-2263 2 281C2 at Mason, Texas,1 and for vacant Channel 282A at Santa Anna, Texas.2 This proposal warrants consideration because it complies with our technical requirements and could serve the public interest by providing a first local service to Stonewall, Texas. 4. The proposed allotment of Channel 280A at Stonewall, Texas, and the changes in reference coordinates for Channel 281C2 at Mason, Texas, and Channel 282A at Santa Anna, Texas, can be made with the site restrictions and reference coordinates indicated below. Accordingly, we seek comment on the proposed amendment of the FM Table of Allotments, 47 C.F.R. Section 73.202(b) as follows: Community Present Proposed Stonewall, Texas ----- 280A Mason, Texas 281C2 281C2 Santa Anna, Texas 282A 282A Proposed Coordinates for Channel 280A at Stonewall, Texas: 30-08-45 NL and 98-45-45 WL, at a site 13.8 km (8.6 miles) southwest of Stonewall. Proposed Coordinates for Channel 281C2 at Mason, Texas: 30-54-42 NL and 99-25-42 WL, at a site 26.27 km (16.3 miles) northeast of Mason. Proposed Coordinates for Channel 282A at Santa Anna, Texas: 31-51-42 NL and 99-18-30 WL, at a site 13.3 km (8.3 miles) north of Santa Anna. 5. 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. 6. Pursuant to Sections 1.415 and 1.419 of the Commission’s Rules,3 interested parties may file comments on or before December 14, 2009, and reply comments on or before December 29, 2009, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Federal Communications Commission. Additionally, a copy of any filing should be served on petitioner, as follows: 1 The Government of Mexico has previously concurred in the allotment of Channel 281B at reference coordinates of 30-44-55 NL and 99-13-49 (letter of December 4, 2007). 2 The Government of Mexico has previously concurred in the allotment of Channel 282AA at reference coordinates of 31-43-57 NL and 99-10-49 (letter of March 8, 2004). 3 See 47 C.F.R. §§1.415 and 1.419. Federal Communications Commission DA 09-2263 3 Katherine Pyeatt 2215 Cedar Springs Road Suite 1605 Dallas, Texas 75201 7. Parties must file an original and four paper 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 12th Street, SW, Washington, D.C. 20554. All filings must be addressed to Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the Secretary. Any filing that is not addressed to the Office of the Secretary will be treated as filed on the day it is received in the Office of the Secretary. See 47 C.F.R. § 1.7. Accordingly, failure to follow the specified requirements may result in the treatment of a filing as untimely. 8. 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.4 This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198.5 9. For further information concerning these proceedings, contact Deborah A. Dupont, Media Bureau, at (202) 418-7072. For purposes of these restricted notice and comment rule making proceedings, 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 the particular docket unless the Commission specifically waives this service requirement. 4 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). 5 See 44 U.S.C. 3506(c)(4). Federal Communications Commission DA 09-2263 4 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 Media Bureau Federal Communications Commission DA 09-2263 5 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) Petitions for rule making which conflict with the proposals in this Notice 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. The person filing the comments shall serve comments on the Puopolos. 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 47 C.F.R. Section 1.420(a), (b) and (c).) Comments should be filed with the Secretary, Federal Communications Commission, 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. Federal Communications Commission DA 09-2263 6 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.