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Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of )
)Amendment of Section 73.202(b) ) MM Docket No.96- 1 74 
Table of Allotments, ) RM-8849 
FM Broadcast Stations. ) 
(Thomaston, Alabama) )
NOTICE OF PROPOSED RULE MAKING 
Adopted: August 16, 1996 Released: August 23, 1996
Comment Date: October 15, 1996 
Reply Comment Date: October 30, 1996
By the Chief, Allocations Branch:
1 . Before the Commission for consideration is a petition for rule making filed by Andrea 
Reynolds ("petitioner") requesting the allotment of FM Channel 249A to Thomaston, Alabama, 
as that community's first local aural transmission service. Petitioner stated that she, or an entity 
of which she is a part, will apply for Channel 249 A if it is allotted to Thomaston, as requested.1
2. A staff analysis of the proposal reveals that Channel 249 A can be allotted to 
Thomaston, Alabama, consistent with the minimum distance separation requirements of Section 
73.207(b)(l) of the Commission's Rules, provided the transmitter therefor is located at least 6.1 
kilometers (3.8 miles) southwest of the community, utilizing coordinates 32-14-11 North 
Latitude and 87-40-46 West Longitude.2,3
'Petitioner also requests that as the initiating proponent to provide a first local aural transmission service to 
Thomaston, Alabama, that she be awarded a "petitioner's preference" at the application level, should Channel 249A 
be allotted to the community, as requested. Although a proposal is before the Commission to provide a "finders 
preference" to petitioners that have taken the initiative and burden of introducing new service to a community, final 
action on the request remains pending. See Reexamination of the Policy Statement on Comparative Broadcast 
Hearings (GC Docket No. 92-52), 7 FCC Red 2664 (1992).
2The site restriction is required to avoid a short spacing to the licensed site of Station WEZZ(FM), Channel 
249A, Clanton, Alabama, at coordinates 32-50-08 North Latitude and 86-40-49 West Longitude.
'Petitioner proposed a transmitter site located 11.1 kilometers (6.9 miles) south of Thomaston at coordinates 32- 
10-00 North Latitude and 87-37-25 West Longitude. However, in determining compliance with Section 73.207(b) 
of the Commission's Rules, if a new proposed allotment requires a site restriction, the Commission will endeavor 
to impose that which is the least restrictive theoretical site from the intended community of license. See Vacaville, 
California, 4 FCC Red 8315 (1989), recon. denied, 6 FCC Red 143 (1991). It is not until the application stage that 
the actual availability of a particular site must be demonstrated. See West Palm Beach, Florida, 3 FCC Red 5810 
(1988).
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3. In consideration of the interest expressed in providing a first local aural transmission 
service to Thomaston, Alabama, we will propose to allot Channel 249A to that community. 
Therefore, we will seek comments on the proposed amendment to the FM Table of Allotments, 
Section 73.202(b) of the Commission's Rules, to include Thomaston, Alabama, as follows:
Channel No. 
City Present Proposed
Thomaston, Alabama ~ 249 A
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 will be allotted.
5. Interested parties may file comments on or before October 15, 1996 , and reply 
comments on or before October 30, 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:
Andrea Reynolds
2501 - 15th Street E, #214
Tuscaloosa, AL 35404
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 Apply to Rule Making to Amend Sections 
73.202fb1.and 73.606fbl 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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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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APPENDIX MM Docket No. 96-174
RM-8849
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. Proponents) 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 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 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 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. 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.
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5. Number of Copies. In accordance with the provisions of Section 1.420 of the 
Commission's Rules and Regulations, 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 Reference 
Center (Room 239), at its headquarters, 1919 M Street, N.W., Washington, D.C.
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