Federal Communications Commission DA 24-410 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Amendment of Section 73.202(b), Table of FM Allotments, FM Broadcast Stations. (Canadian, Texas) Application for Construction Permit to Modify Station KPQP, Panhandle, Texas ) ) ) ) ) ) ) ) ) MB Docket No. 24-111 RM-11980 File No. 0000220011 Facility ID No. 189483 NOTICE OF PROPOSED RULEMAKING Adopted: April 30, 2024 Released: May 1, 2024 Comment Date: June 24, 2024 Reply Comment Date: July 9, 2024 By the Assistant Chief, Audio Division, Media Bureau: I. INTRODUCTION 1. The Audio Division has before it the Petition for Rulemaking (Petition) filed by Hispanic Target Media Inc. (Petitioner), proposing to amend the Table of FM Allotments, section 73.202(b) of the Commission’s rules, 47 CFR § 73.202(b). by substituting Channel 285C1 for vacant Channel 235C1 at Canadian, Texas. The Petition accommodates the above-captioned hybrid modification application (Application) for Station KPQP that proposes the substitution of Channel 235C3 for Channel 291C3 at Panhandle, Texas. See FCC Application File No. 0000220011 (Filed on March 27, 2024, as amended). II. BACKGROUND 2. Petitioner requests the substitution of Channel 285C1 for vacant Channel 235C1 at Canadian, Texas to facilitate the grant of its hybrid Application. Petitioner claims that the proposed Channel 235C3 substitution at Panhandle serves the public interest because it greatly enhances Station KPQP’s service area from 28,674 persons to 145,397 persons, an increase of over 400 percent. See Petition at 2. Petitioner certifies that if Channel 285C1 is substituted for vacant Channel 235C1 at Canadian, it commits to construct and license the new facility for KPQP on Channel 235C3 at Panhandle upon issuance of the construction permit. III. DISCUSSION 3. We find that the proposed substitution of Channel 285C1 for vacant Channel 235C1 at Canadian, Texas warrants consideration. A staff engineering analysis indicates that Channel 285C1 can be allotted to Canadian, Texas, consistent with the minimum distance separation requirements of the Commission’s rules, with a site restriction of 6.1 km (3.8 miles) north of the community. The reference coordinates are 35-57-35 NL and 100-24-24 WL. Accordingly, we seek comment on the proposed amendment to the Table of FM Allotments, section 73.202(b) of the Commission’s rules, 47 CFR § 73.202(b). as follows: Community Present Proposed Canadian, Texas 235C1 285C1 IV. PROCEDURAL MATTERS 4. Showings Required. Comments are invited on the proposal discussed in this Notice of Proposed Rulemaking (NPRM). Petitioner or any party that expresses interest in the allotment will be expected to answer whatever questions are presented in initial comments. The petitioner of a proposed allotment is required to file comments even if it only resubmits or incorporates by reference its former pleadings. The petitioner must 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. Any requests by a proponent for withdrawal or dismissal of an allotment request must be filed with the Commission in accordance with section 1.420(j) of the Rules. 47 CFR § 1.420(d). 5. Cut-off Protection. The following procedures will govern the consideration of the 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) The filing of a counterproposal may lead the Commission to allot a different channel than was requested in the NPRM. 47 CFR § 1.420(g)(2). 6. Comments and Reply Comments. Pursuant to sections 1.415, 1.419, and 1.420 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, and 1.420. interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998); recon. granted, 13 FCC Rcd 21517 (1998). · Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/filings/standard. Parties that choose to file electronically only need to submit one copy of each filing so long as the submission conforms to all procedural and filing requirements. Online filing is optional. · Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, 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. o 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. o U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington DC 20554. o Currently, the Commission does not accept 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. In the event that the Commission announces the lifting of COVID-19 restrictions, a filing window will be opened at the Commission's office located at 9050 Junction Drive, Annapolis Junction, MD 20701. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020). 7. Service. Pursuant section 1.420 of the Rules, 47 CFR § 1.420. 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 petitioners. 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 § 1.420(a), (b) and (c). Additionally, a copy of such comments should be served on counsel for petitioner, as follows: Francisco San Milan Hispanic Target Media Inc. 2433 E. Palo Verde Street Yuma, AZ 85364 Gene Wisniewski c/o Hispanic Target Media Inc. 1472 E 3100 S Wendell, ID 83355 8. Ex Parte Notices– Restricted. The proceeding this Notice initiates shall be treated as a “restricted” proceeding in accordance with the Commission’s ex parte rules. 47 CFR §§ 1.1200 et seq. For purposes of this restricted notice and comment rulemaking proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a notice of proposed rulemaking 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. 47 CFR § 1.1208. 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. 47 CFR § 1.1204(a)(10). 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 a particular docket unless the Commission specifically waives this service requirement. 47 CFR § 1.1204(a)(10)(ii). In addition, an oral presentation in a restricted proceeding not designated for hearing requesting action by a particular date or giving reasons that a proceeding should be expedited other than the need to avoid administrative delay is permitted. A detailed summary of the presentation must be filed in the record and served by the person making the presentation on the other parties to the proceeding, who may respond in support or opposition to the request for expedition, including by oral ex parte presentation, subject to the same service requirement. 47 CFR § 1.1204(a)(11). Any comment that 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. 9. Providing Accountability Through Transparency Act.  The Providing Accountability Through Transparency Act requires each agency, in providing notice of a rulemaking, to post online a brief plain-language summary of the proposed rule. See 5 U.S.C. § 553(b)(4). The Providing Accountability Through Transparency Act, Pub. L. No. 118-9 (2023), amended section 553(b) of the Administrative Procedure Act.    Accordingly, the Commission will publish the required summary of this Notice of Proposed Rulemaking on https://www.fcc.gov/proposed-rulemakings. 10. Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection via ECFS (https://www.fcc.gov/ecfs/search/search-filings). Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. 11. Paperwork Reduction and Regulatory Flexibility. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980, as amended, See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 et seq., has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). The SBREFA was enacted as Title II of the Contract with America Advancement Act of 1996 (CWAAA). do not apply to a rulemaking proceeding to amend the FM Table of Allotments, section 73.202(b) of the Rules. 47 CFR § 73.202(b). This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995. See 44 U.S.C. §§ 3501-3520. 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. See 44 U.S.C. § 3506(c)(4). 12. People with Disabilities. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530. 13. Additional Information. For further information concerning this proceeding, contact Rolanda F. Smith, Audio Division, Media Bureau, at (202) 418-2054, Rolanda-Faye.Smith@fcc.gov. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief, Audio Division Media Bureau 2