7 FCC Red No. 2 Federal Communications Commission Record DA 92-45 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 92-8 In the Matter of Amendment of Section 73.202(b ), Table of Allotments, FM Broadcast Stations. (Stock Island, Florida) RM-7713 NOTICE OF PROPOSED RULE MAKING Adopted: January 13, 1992; Released: January 23, 1992 Comment Date: March 16, 1992 Reply Comment Date: March 31, 1992 By the Assistant Chief, Allocations Branch: 1. S-3 Communications Corporation ("petitioner") has requested the allotment of Channel 248A to Stock Island, Florida, as that community's first local broadcast service. Petitioner stated its intention to apply for the channel, if allotted. 2. In support of its proposal, petitioner submits that Stock Island is an unincorporated community located in Monroe County, with a population of 4,446. 1 Petitioner asserts that Stock Island has its own elementary school, volunteer fire department, restaurant, convenience stores and a dog track. Petitioner also states that Stock Island is the location of Florida Keys Memorial Hospital and Flor­ ida Keys Community Junior College. 3. A staff review of the proposal reveals that according to the 1991 Rand McNally Commercial Atlas and Market­ ing Guide ("Atlas"), Stock Island. Florida, is listed as a Census Designated Place ("CDP") by the Census Bureau. The atlas also indicates that Key West is the postal facility for Stock Island. 4. Channel 248A can be allotted to Stock Island in compliance with the minimum distance separation re­ quirements of the Commission's Rules with a site restric­ tion 3.4 kilometers (2.1 miles) west, 2 in order to avoid a short-spacing to the vacant allotment for Channel 249A at Marathon. Florida. 5. We believe the public interest would be served by proposing the allotment of Channel 248A to Stock Island, Florida, as that community's first local FM broadcast service. The Commission believes it would be in the public interest to seek comments on the proposal to 1 Petitioner states that the population figures were taken. from the 1980 U.S. Census. 2 The coordinates are North Latitude 24-33-40 and West Longitude 81-46-18. 667 amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the following community: City Stock Island, Florida Present Channel No. Proposed 248A 6. 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. 7. Interested parties may file comments on or before March 16, 1992, and reply comments on or before March 31, 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, or its counsel or consultant, as follows: Joseph A. Belisle Leibowitz & Spencer AmeriFirst Building Suite 1450 One Southeast Third Avenue Miami, Florida 33131 (Counsel for S-3 Communications Corporation) 8. 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 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, February 9, 1981. 9. For further information concerning this proceeding, contact Nancy J. Walls, 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 DA 92-45 Federal Communications Commission Record 7 FCC Red No. 2 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 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 1.420(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. 668 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 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 1.420(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.