Federal Communications Commission DA 96-1188
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of
Amendment of Section 73.202(b) 
Table of Allotments, 
FM Broadcast Stations. 
(Parker, Arizona)
MM Docket No. 96-164 
RM-8847
NOTICE OF PROPOSED RULE MAKING
Released: August 2, 1996Adopted: July 26, 1996
Comment Date: September 23. 1996 
Reply Comment Date: October 8, 1996
By the Chief, Allocations Branch:
1. Before the Commission for consideration is a petition for rule making filed by Rick 
L. Murphy ("petitioner") requesting the allotment of Channel 230C3 to Parker, Arizona, as that 
community's second local FM service. Petitioner failed to state his intention to apply for 
Channel 230C3 if it is allotted to Parker, Arizona, as requested, and should do so in response to 
this Notice. Failure to provide such commitment could result in a denial of the request. See the 
Appendix to this Notice. '
2. A staff analysis of the proposal reveals that Channel 230C3 can be allotted to Parker, 
Arizona, consistent with the minimum distance separation requirements of Section 73.207(b)(l) 
and (3) of the Commission's Rules without the imposition of a site restriction, utilizing the city 
reference location at coordinates 34-08-48 and 114-17-12. However, as Parker is located within 
320 kilometers (199 miles) of the Mexico border, the Commission must obtain concurrence of 
the Mexican government to the proposal.
3. In light of the interest expressed in providing a second local FM service to Parker, 
Arizona, we will propose to allot Channel 230C3 to that community. Therefore, we will seek 
comments on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the
'Additionally, although the petitioner's request was signed and his address stated, he failed to include an 
affidavit verifying that the statements contained in the petition are accurate to the best of his knowledge. Section 
1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party 
not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such 
verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making 
proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 
regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's 
Rules Concerning Abuses of the Commission's Processes,'5 FCC Red 3911, 3919, n.4l (1990). Petitioner is 
requested to remedy the omission in his comments. 12642
Federal Communications Commission DA 96-1188
Commission's Rules, with regard to Parker, Arizona, as follows:
Channel No. 
City Present Proposed
Parker, Arizona 257C2 230C3.257C2
4. The Commission's authority to institute rule making 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 by paragraph 2 of the Appendix before a channel 1 will be allotted.
5. Interested parties may file comments on or before September 23. 1996, and reply 
comments on or before October 8, 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, as follows:
Rick L. Murphy 
2068 McCuIloch Blvd. 
Lake Havasu City, AZ 86403
6. 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 Commission's Rules. See Certification that Sections 603 
and 604 of the Regulatory Flexibility Act Do Not Applv to Rule Making to Amend Sections 
73.202fb).and 73.606(b) of the Commission's Rules. 46 FR 11549, February 9, 1981.
7. For further information concerning this proceeding, contact Nancy Joyner. Mass Media 
Bureau, (202) 418-2180. For purposes of this restricted notice and comment 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 ex parte presentation 
and shall not be considered in the proceeding.
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Federal Communications Commission DA 96-1188
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
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
Attachment: Appendix
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Federal Communications Commission DA 96-1188
APPENDIX MM Docket No. 96-164
RM-8847
1. Pursuant to authority contained 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 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 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 also expected to file comments even if it only resubmits or incorporates by 
reference its former pleading. 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 comments, 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 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 Replv 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 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 pleading. 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 be accompanied by a 
certificate of service. (See Section 1.420(a). (b) and (c) of the Commission's Rules.) Comments 
should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554.
5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's
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Federal Communications Commission DA 96-1188
Rules and Regulations, an original and four copies of all comments, reply comments, pleading, briefs. 
or other documents shall be furnished the Commission.
6. Public Inspection of Filings. AH filings made in this proceeding will be available for 
examination by interested parties during regular business hours in the Commission's Reference Center 
(Room 239), at its headquarters. 1919 M Street, N.W., Washington, D.C.
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