Federal Communications Commission DA 10-22 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MB Docket No. 09-181 Table of Allotments, ) RM-11573 FM Broadcast Stations. ) (Lake Brownwood, Eden, Llano, Paint Rock, ) Goldthwaite, and Bangs, Texas ) NOTICE OF PROPOSED RULE MAKING Adopted: January 6, 2010 Released: January 8, 2010 Comment Date: March 1, 2010 Reply Date: March 16, 2010 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 294C2 as a first local service at Lake Brownwood, Texas. In order to allot Channel 294C2 at Lake Brownwood, Petitioner further requests channel substitutions for two vacant FM allotments and a change in reference coordinates for three additional vacant FM channels. 2. Petitioner states that Lake Brownwood is a census-designated place with a population of 1,694 persons. Lake Brownwood has its own fire department and a number of local businesses that have formed the Lake Brownwood Community Development Council, created in 2002 to advance the community and economic development of Lake Brownwood. The community holds an annual Council Business Expo. It is home to at least one church, the Lake Brownwood First United Methodist Church. This proposal warrants consideration because it complies with our technical requirements and could serve the public interest. 3. In order to allot Channel 294C2 at Lake Brownwood, Petitioner requests the substitution of Channel 250A for Channel 294A at Eden, Texas. Channel 250A can be allotted at Eden, Texas, at reference coordinates 31-12-30 NL and 99-42-09, at a site 13.6 km (8.5 miles) east of Eden. Petitioner also requests the substitution of Channel 262C3 for Channel 250C3 at Bangs, Texas. Finally, as indicated below, Petitioner requests that the reference coordinates be changed for three existing vacant FM channels, Channel 294C2 at Llano, Texas, Channel 296C3 at Paint Rock, Texas, and Channel 297A at Goldthwaite, Texas. With the requested channel substitutions and changes in reference coordinates for those five vacant channels, Channel 294C2 can be allotted as a first local service at Lake Brownwood, 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 294C2 at Lake Brownwood, Texas, for Federal Communications Commission DA 10-22 2 the allotment of Channel 250A at Eden, Texas, and the allotment of Channel 262C3 at Bangs, Texas, because each of those three proposed allotments 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 Channels 293C3 at Llano Texas, 296C3 at Paint Rock, Texas, and 297A at Goldthwaite, Texas. In addition, this proposal in its entirety is subject to the outcomes of MB Docket Nos. 00-148, 05-112, and 05-151.1 4. The proposed allotment of Channel 294C2 at Lake Brownwood, Texas, the channel substitutions at Eden and Bangs, Texas, and the changes in reference coordinates for Channels 293C3 at Llano, Texas, 296C3 at Paint rock, Texas, and 297A at Goldthwaite, 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 Lake Brownwood, Texas ----- 294C2 Eden, Texas 294A 250A Bangs, Texas 250C3 262C3 Proposed Coordinates for Channel 294C2 at Lake Brownwood, Texas: 31-35-00 NL and 99- 14-25 WL, at a site 28.7 km (17.8 miles) southwest of Lake Brownwood. Proposed Coordinates for Channel 250A at Eden, Texas: 31-12-30 NL and 99-42-09 WL, at a site 13.6 km (8.5 miles) east of Eden. Proposed Coordinates for Channel 262C3 at Bangs, Texas: 31-36-06 NL and 99-15-14 WL, at a site 17.2 km (10.7 miles) southwest of Bangs. Proposed Coordinates for Channel 293C3 at Llano, Texas: 30-42-42 NL and 98-30-18 WL, at a site 17.2 km (10.7 miles) east of Llano. Proposed Coordinates for Channel 296C3 at Paint Rock, Texas: 31-22-15 NL and 99-46-45 WL, at a site 20.3 km (12.6 miles) southeast of Paint Rock. Proposed Coordinates for Channel 297A at Bangs, Texas: 31-51-42 NL and 99-18-30 WL, at a site 13.3 km (8.3 miles) north of Bangs. 1 In each of those proceedings, a proposal to add FM Channel 297A at Llano, Texas. The decisions in those proceedings currently are under review. Quanah, Texas, Report and Order, 18 FCC Rcd 9405 (MB 2003), recon. denied, Memorandum Report and Order, 19 FCC Rcd 7159 (MB 2004), app. for review pending;Fredericksbug, Texas, Report and Order, 22 FCC Rcd 10,883 (MB 2007), recon. pending. The Report and Order for Fredericksburg, Texas, was issued in a proceeding consolidating MB Docket Nos. 05-112 and 05-151. In order to avoid confusion, our Consolidated Data Base System shows the reconsideration proceeding for Fredericksburg, Texas, under only one docket number, MB Docket No. 05-151; however, the pending petition for reconsideration also seeks reinstatement of the counterproposal in MB Docket No. 05-112. Federal Communications Commission DA 10-22 3 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,2 interested parties may file comments on or before March 1, 2010, and reply comments on or before March 16, 2010, 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: 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.3 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 2 See 47 C.F.R. §§1.415 and 1.419. 3 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). Federal Communications Commission DA 10-22 4 with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198.4 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. 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 4 See 44 U.S.C. § 3506(c)(4). Federal Communications Commission DA 10-22 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 10-22 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.