Federal Communications Commission DA 96-1868 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 96-231 Table of Allotments, ) RM-8903 FM Broadcast Stations. ) (Redwood, Mississippi) ) NOTICE OF PROPOSED RULE MAKING Adopted: November 8,1996 Released: November 15, 1996 Comment Date: January 6, 1997 Reply Comment Date: January 21, 1997 By the Chief, Allocations Branch: V1. The Commission has before it the petition for rule making filed by Dominant Communications Corporation ("petitioner"), requesting the allotment of Channel 288A at Redwood, Mississippi, as the community's first local aural transmission service. Petitioner states it will apply for the channel, if allotted. 2. In support of its request, petitioner states that Redwood and the surrounding communities suffer from poor coverage from Vicksburg, Mississippi, the community closest to Redwood. It notes that signals from Jackson, Mississippi, nearly 40 miles away, are Redwood's closest listenable signals. Petitioner further states that the proposed channel would provide a first local service to Redwood. 3. Section 307(b) of the Communications Act of 1934, as amended, mandates that the Commission fairly, equitably, and efficiently distribute frequencies"... among the several States and communities." The Commission has defined "communities" as geographically identifiable population groupings. Generally, if a community is incorporated or is listed in the U.S. Census, that is sufficient to demonstrate its status. Absent such recognizable community factors, the petitioner must provide the Commission with sufficient information to demonstrate that such a place has social, economic, cultural indicia to qualify it as a community for allotment purposes. Beaver Springs. Pennsylvania. 4 FCC Red 5373 (1989), Sargent. Nebraska, 4 FCC Red 14578 Federal Communications Commission DA 96-1868 3933 (1989), Bartow. Georgia, etal.. 4 FCC Red 6876 (1989), East Hemet California. et.al.. 4 FCC Red 7895 (1989), and Ellwood. California. 50 Fed. Reg. 13031, published April 2, 1985. In this case, Redwood is not incorporated or listed in the U.S. Census but is attributed with a population of 200 persons by the 1995 edition of the Rand McNallv Commercial Atlas. However, we have found that this listing alone does not necessary indicate that a population grouping is a community for allotment purposes since in this case the grouping is devoid of the customary factors associated with community status, such as a library, shopping centers, churches, a newspaper and social or civil organizations. See e.g.. Series Valley. California. 3 FCC Red 5221 (1988) and Naples. Florida. 41 RR 2d 1549 (1977). Therefore, petitioner is requested to submit information regarding Redwood, Mississippi, to demonstrate whether it has any commercial establishments, social, economic, cultural or religious organizations, municipal services, or governments units that identify themselves specifically with Redwood. 4. We believe petitioner's proposal warrants consideration, if Redwood is ultimately found to qualify as a community for allotment purposes, since adoption of this proposal would provide a first local FM service to Redwood. Channel 288A can be allotted to Redwood consistent with the minimum distance separation requirements of the Commission's Rules with a site restriction of 2.8 kilometers (1.7 miles) south in order to avoid a short-spacing conflict with the licensed site of Station WNLA(FM), Channel 288A, Indianola, Mississippi.1 5. 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 Redwood, Mississippi - 288A 6. 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. 7. Interested parties may file comments on or before January 6, 1997, and reply comments on or before January 21, 1997, and are advised to read the Appendix for the proper ' The coordinates for Channel 288A at Redwood are North Latitude 32-27-13 and West Longitude 90-48-42. Petitioner suggested that the allotment could be made at coordinates North Latitude 32-27-00 and West Longitude 90-51-00 with a site restriction of 52 kilometers (3.2 miles) southwest. Consistent with Commission policy, we will advance the less restrictive site for the allotment of Channel 288A at Redwood. 14579 Federal Communications Commission DA 96-1868 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: Carl Haynes, President Dominant Communications Corporation P.O. Box 31235 Jackson, Mississippi 39286-1235 (Petitioner) 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 Commission's Rules. See Certification That Sections 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202fb). 73.504 and 73.6060ri of the Commission's Rules. 46 FR 11549, February 9, 1981. 9. For further information concerning this proceeding, contact Pam Blumenthal, 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. 14580 Federal Communications Commission DA 96-1868 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 John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau Attachment: Appendix 14581 Federal Communications Commission DA 96-1868 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 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 14582 Federal Communications Commission DA 96-1868 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 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 wili 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. 14583