Federal Communications Commission DA 96-1739
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of )
)Amendment 
of Section 73.202(b), ) MM Docket No. 96-216 
Table of Allotments, ) RM-8895 
FM Broadcast Stations. ) 
(Portsmouth, Ohio) )
NOTICE OF PROPOSED RULE MAKING 
Adopted: October 18, 1996 Released: October 25, 1996
Comment Date: December 16, 1996 
Reply Comment Date: December 31. 1996
By the Chief, Allocations Branch:
1. The Commission has before it the petition for rule making filed by Peter L. Cea 
("petitioner") requesting the allotment of Channel 298A to Portsmouth. Ohio, as the community's 
third local commercial FM transmission service. Petitioner states that he will apply for the 
channel, if allotted.
2. We believe petitioner's proposal warrants consideration since the allotment of Channel 
298A can provide the community with an additional local commercial FM transmission service. 
Channel 298A can be allotted to the community in compliance with the Commission's minimum 
distance separation requirements without the imposition of a site restriction. 1
3. Accordingly, we seek comments on the proposed amendment of the FM Table of 
Allotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to 
read as follows:
Channel No. 
City Present Proposed
Portsmouth, Ohio 257A. 28 1C 257A, 28 1C, 298A
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
1 The coordinates for Channel 298A at Portsmouth are 38-44-00 North Latitude and 82-59-56 West Longitude.
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Federal Communications Commission DA 96-1739
required by paragraph 2 of the Appendix before a channel will be allotted.
5. Interested parties may file comments on or before December 16, 1996, and reply 
comments on or before December 31,1996, 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:
Peter L. Cea 
707 Green Cook Road 
Sunbury, OH 43074 
(Petitioner)
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 
73.202(b). 73.504 and 73.606(b).of the Commission's Rules. 46 FR 11549. February 9, 1981.
7. For further information concerning this proceeding, contact Leslie K. Shapiro, 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 96-1739
Any reply comment which has not been served on the person(s) who tiled 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 96-1739
APPENDIX
1. 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 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 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 protection. 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 proposals 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 bo 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 1.42(>(a). (b) and (c) of the Commission's 
Rules.) Comments should be tiled with the Secretary. Federal Communications Commission. 
Washington, D.C. 20554.
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Federal Communications Commission DA 96-1739
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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