Federal Communications Commission DA 20-606 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of section 73.202(b), ) MB Docket No. 20-155 Table of Allotments, ) RM-11856 FM Broadcast Stations ) (Edgefield, South Carolina) ) NOTICE OF PROPOSED RULE MAKING Adopted: June 11, 2020 Released: June 11, 2020 Comment Date: August 3, 2020 Reply Comments Date: August 18, 2020 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Petition for Rulemaking (Petition) filed by Georgia-Carolina Radiocasting Company, LLC (Petitioner), requesting the allotment of Channel 238A at Edgefield, South Carolina, as the community’s first local service. In compliance with the Commission’s procedures, the Petitioner concurrently filed a construction permit application (Application) for the requested channel at Edgefield, South Carolina, and paid the necessary filing fee. See FCC File No. BNPH-20190805AAR (filed August 5, 2019). RFPJY, LLC (RFPJY), licensee of Station WYPJ(FM), Due West, SC, filed a minor modification application, File No. BPH-20190806AAT (filed August 6, 2019). On August 19, 2019, RFPJY filed a Petition to Deny the Application, and on August 23, 2019, the Petitioner filed an Opposition. On May 29, 2020, the Audio Division dismissed the WYPJ(FM) minor modification application at the request of RFPJY and dismissed the Petition to Deny the Application. 2. Background. The Petitioner contends that Edgefield is a community deserving of a new broadcast service. In support of this position, the Petitioner states that Edgefield is an incorporated town, located in Edgefield County, that has a 2010 U.S. Census population of 4,750 persons. The Petitioner asserts that Edgefield is governed by a mayor and six city council members, and has its own library, police and fire departments, weekly newspaper, banks, churches, and many other indicators of a bona-fide community for allotment purposes. The Petitioner states its intention to apply for the channel, if allotted. 3. Discussion. The proposed change in the FM Table of Allotments warrants consideration under Priority (3) because it would provide a first local service at Edgefield, South Carolina. Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). The FM allotment priorities are: (1) First fulltime aural service, (2) Second fulltime aural service, (3) First local service and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). A staff engineering analysis indicates that Channel 238A can be allotted to Edgefield, South Carolina, consistent with the minimum distance separation requirements of the Commission’s rules, using city reference coordinates. The reference coordinates are 33-48-53 NL 81-56-10 WL. Accordingly, we seek comments on the proposed amendment to the FM Table of Allotments, section 73.202(b) of the rules, with respect to Edgefield, South Carolina: Community Present Proposed Edgefield, South Carolina ---- 238A 4. The Commission’s authority to institute rulemaking 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, as stated in paragraph 2 of the Appendix, before a channel will be allotted. 5. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§1.415 and 1.419. interested parties may file comments on or before August 3, 2020, and reply comments on or before August 18, 2020, 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 counsel for the Petitioner, as follows: Georgia-Carolina Radiocasting Company, LLC Post Office Drawer E 233 Big A Road Toccoa, GA 30577 6. Parties must file an original and one copy of each filing. See Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission Reorganization, Report and Order, 26 FCC Rcd 1594, 1602, para. 21 (2011). Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy During the time the Commission’s building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient. Alternatively, parties may submit the filing electronically at http://apps.fcc.gov/ecfs/. Online filing is optional. Participants that file comments and replies in electronic form need only submit one copy of those comments, so long as the submission conforms to any procedural or filing requirements established for formal electronic comments. 47 CFR § 1.419(d). All filings must be addressed to Marlene H. Dortch, Secretary, Federal Communications Commission, and Office of the Secretary. Any paper 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 CFR § 1.7. Accordingly, failure to follow the specified requirements may result in the treatment of a filing as untimely. 7. 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. 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 FR 11549 (Feb. 9, 1981). 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. See 44 U.S.C. § 3506(c)(4). 8. For further information concerning these proceedings, contact Rolanda F. Smith, Media Bureau, at (202) 418-2054. 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 Nazifa Sawez Assistant Chief Audio Division Media Bureau 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 CFR sections 0.61, 0.204(b) and 0.283, IT IS PROPOSED TO AMEND the FM Table of Allotments, 47 CFR 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 required to file comments expressing the proponent’s continuing interest in the proposed allotment and restating 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. 47 CFR § 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 CFR 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 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 47 CFR section 1.420(a), (b) and (c)). Comments should be filed with the Secretary, Federal Communications Commission, Washington, DC 20554. Alternatively, parties may submit the filing electronically at http://apps.fcc.gov/ecfs/. Online filing is optional. 5. Number of Copies. In accordance with the provisions of 47 CFR section 1.419(b), an original and one copy of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. Participants that file comments and replies in electronic form need only submit one copy of those comments, so long as the submission conforms to any procedural or filing requirements established for formal electronic comments. 47 CFR § 1.419(d). 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, DC. All filings are also available at http://apps.fcc.gov/ecfs/. 4