7 FCC Red No. 2 Federal Communications Commission Record DA 92-28 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 92-4 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Greenacres, California) RM-7880 NOTICE OF PROPOSED RULE MAKING Adopted: January 8, 1992; Released: January 21, 1992 Comment Date: March 9, 1992 Reply Comment Date: March 24, 1992 By the Assistant Chief, Allocations Branch: 1. Before the Commission for consideration is the peti­ tion for rule making filed on behalf of Double D Broad­ casting Company ("petitioner"), licensee of Station KRAB(FM), Channel 292A, Greenacres, California, seek­ ing the substitution of Channel 291B 1 for Channel 292A and modification of its license to specify operation on the higher class channel. Petitioner stated its intention to apply for Channel 29181 if allotted to Greenacres. 2. A staff engineering analysis reveals that the site speci­ fied by petitioner would place the transmitter for Channel 29181 a distance of 35.6 kilometers (22.1 miles) east of the community. 1 3. We believe the public interest would be served by proposing the substitution of Channel 291Bl for Channel 292A at Greenacres, California, since it could provide the community with an expanded coverage area FM service. As requested, we shall also propose to modify the peti­ tioner's license for Station KRAB(FM) to specify opera­ tion on Channel 29181 in lieu of Channel 292A. Pursuant to the provisions of Section 1.420(g) of the Commission's Rules, we will not accept other expressions of interest in the use of Channel 291B 1 at Greenacres, or require the petitioner to demonstrate the availability of an additional equivalent class channel for use by such par­ ties. 4. Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the community listed below, as follows: Coordinates at the petitioner's specified site for Channel 291Bl are 35-29-02 and 118-44-12. Although the petitioner's designated site is located farther from Greenacres than the maximum distance (23.2 kilometers (14.3 miles)) the Commis­ sion normally assumes for the provision of city-grade coverage (3.16 mv/m), petitioner's engineering data demonstrates, and our engineering analysis confirms, that its proposal could comply with §73.315 of the Commission's Rules. In this regard, peti- 503 City Present Greenacres, California 292A Channel No. Proposed 29181 5. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and filing requirements are contained in the attached Appen­ dix and are incorporated by reference herein. In particu­ lar, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a chan­ nel will be allotted. 6. Interested parties may file comments on or before March 9, 1992, and reply comments on or before March 24, 1992, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Wash­ ington, D.C. 20554. Additionally, a copy of such com­ ments should be served on the petitioner's counsel, as follows: Howard M. Liberman, Esq. Peter H. Doyle, Esq. Arter & Hadden 1801 K Street, N.W. Suite 400K Washington, D.C. 20006 7. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments, Section 73.202(b) of the Commis­ sion's Rules. See Certification that Sections 603 and 604 of the Regulatory Flexibility Act Do Nol Apply to Rule Making to Amend Sections 73.202(b), and 73.606(b) of lhe Com­ mission's Rules, 46 FR 11549, February 9. 1981. 8. For further information concerning this proceeding, contact Nancy Joyner, Mass Media Bureau, (202) 634-6530. For purposes of this restricted notice and com­ ment 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 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 a summary of any new oral information shall be served by the person making the presentation upon the other parties to the proceeding unless the Commission specifically waives this service requirement. Any comment which has not been served on the petitioner constitutes an tioner has shown that from its designated site, using maximum Class B 1 facilities (i.e., 25 kW at 100 meters HAA T), an unobstructed 70 dBu signal, computed in accordance with the Commission's standard prediction methods (§73.313(d)(l)-(3)) would extend 48.8 kilometers (30.2 miles) on a bearing of 251.8°. Thus, the 3.16 mV/m contour should encompass the entire community. See Woodstock and Broadway, VA, 3 FCC Red 6398 ( 1988). DA 92-28 Federal Communications Commission Record 7 FCC Red No. 2 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. FEDERAL COMMUNICATIONS COMMISSION Michael C. Ruger Assistant Chief, Allocations Branch Policy and Rules Division Mass Media Bureau APPENDIX 1. Pursuant to authority found in Sections 4(i), S(c)(l), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61 0.204(b) and 0.283 of the Commission's Rules, IT IS PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the Commission's Rules and Regulations, 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 Mak­ ing 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 Procedures. 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 com­ ments, so that parties may comment on them in reply comments. They will not be considered if advanced in reply comments. (See Section l.420(d) of the Commission's Rules.) (b) With respect to petitions for rule making which conflict with the proposal(s) 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 com­ ments herein. If they are filed later than that, they will not be considered in connection with the de­ cision 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 Sections 1.415 and 1.420 of the Commission's Rules and Regulations, 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 submis- 504 sions 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. Com­ ments 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 Section l.420(a), (b) and (c) of the Commission's Rules.) 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regula­ tions, 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 Public Reference Room at its headquarters, 1919 M Street N.W., Washington, D.C.