DA 96-110 Federal Communica.tions Commission Record 11 FCC Red No. 6 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 96-44 In the Matter of Amendment of Section 73.606(b), Table of Allotments, Television Broadcast Stations. (Woodward, Oklahoma) RM-8745 NOTICE OF PROPOSED RULE MAKJNG Adopted: J anuary 31, 1996; Released: March 12, 1996 Comment Date: May 3, 1996 Reply Comment Date: May 20, 1996 By the Chief, Allocations Branch: l. The Commission has before it the pet1tton for rule making filed by Channel 35 Broadcasters ("petitioner") requesting the allotment of Channel 35 to Woodward. Oklahoma, as the community's second local and first com­ mercial television service. Petitioner states that it will apply for the channel, if allotted. 2. Woodward (population 12.340), seat of Woodward County (population 18.976), is located in northwestern Oklahoma, approximately 200 kilometers ( 120 miles) northwest of Oklahoma City. 1 Technical Summary 3. A staff engineering analysis of the proposal indicates that Channel 35 can be allotted to Woodward in compli­ ance with the Commission's minimum distance separatio n requirements without the imposition of a site restriction.z The Commission has imposed a temporary freeze on new television allotments in certain metropolitan areas. How­ ever. the proposed allotment at Woodward is not affected by that action. See Notice of Inquiry, 2 FCC Red 2125 (1987) and Order, 52 FR 28346. July 29, 1987. 4. We believe petitioner's proposal warrants consider­ ation since the allotment of Channel 35 to Woodward could provide the community with its first local commer­ cial television service. Accordingly. we seek comments on the proposed amendment of the Television Table of Allot­ ments, Section 73.606(b) of the Commission's Rules. fo r the community listed below. to read as follows: City Woodward, Oklahoma Present *17- Channel No. Proposed *17-, 35+ 1 Population figu res are taken from the IQ90 U.S. Census. 2 The coordinates for Channel 35 at Woodward are 36-26-12 North Latitude and QQ-23-36 West Longitude. 3008 5. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and fil­ ing 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 by paragraph 2 of the Appendix before a channel will be allotted. 6. Interested parties may file comments on or before May 3, 1996, and reply comments on or before May 20, 1996, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington. D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: Kathryn R. Schmeltzer, Esq. Kevin M. Walsh, Esq. Fisher Wayland Cooper Leader and Zaragoza, L.L.P. 2001 Pennsylvania Avenue, NW, Suite 400 Washington, D.C. 20006 (Counsel to petitioner) 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 Television Table of Allotments, Section 73.606(b) of the Commission's Ru les. See Certification That Sections 603 and 604 of 1he 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. 8. For further information concerning this proceeding. contact Leslie K. Shapiro. Mass Media Bureau. (202) 418-2180. For purposes of this rest r icted 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 heen decided and such decision is no longer subject to reconsideration by the Commission or review by any court. An ex parte presenta­ tion is not prohibited if specifically requested by the Com­ mission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. How­ ever, 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 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 pane presentation and shall not be considered in the proceeding. -.. .............. ________________ ~~- 11 FCC Red No. 6 Federal Communications Commission Record DA 96-110 FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau APPENDIX l. Pursuant to authority found in Sections 4(i), 5(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 Com­ mission's Rules and Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is at­ tached. 2. Showings Required. Comments are invited on the pro­ posal(s) discussed in the Notice of Proposed Rule Making to which this Appendix is attached. Proponent(s} will be ex­ pected 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 gov­ ern 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 ad­ vanced in reply comments. (See Section IA:?O(d) of the Commission's Rules.) (b) With respect to petitions for rule making which conflict with the proposal(s) in this .Votice, they will be considered as comments in the proceeding. and Public Notice to this effect will he 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 Commenis: Serl'ice. Pursuant to applicable procedures set out in Sections 1.415 and 1.4:?0 of the Commission ·s Rules and Regulations. interested par­ ties may file comments and reply comments on or before the dates set forth in the Notice of Proposed Rule .Waking to which this Appendix is attached. All submissions hy parties to this proceeding or by persons acting on behalf of such parties must be made in written comments. reply com­ ments, or other appropriate pleadings. Comments 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 he accompanied by a certificate 3009 of service. (See Section l.420(a), (b) and (c) of the Com­ mission's Rules.) Comments should be filed with the Sec­ retary, Federal Communications Commission, Washington, D.C. 20554. 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., Washi ngton, D.C.