Federal Communications Commission DA 96-1911 Before the Federal Communications Commission Washington, D.C 20554 In the Matter of ) )Amendment of Section 73.202(b) ) MM Docket No. 96-235 Table of Allotments, ) RM-8909 FM Broadcast Stations. ) (Forest City, Pennsylvania) ) NOTICE OF PROPOSED RULE MAKING Adopted: November 15, 1996; Released: November 22, 1996 Comment Date: January 13, 1997 Reply Comment Date: January 28, 1997 By the Chief, Allocations Branch: 1. The Commission has before it the petition for rule making filed by Vixon Valley Broadcasting ("petitioner"), proposing the allotment of Channel 261A at Forest City, Pennsylvania, as the community's first local aural transmission service. Petitioner states its intention to apply for the channel, if allotted. 2. In support of its proposal, petitioner states that Forest City is located in Susquehanna County (population 40,380)' and has a population of 1,846 persons. Petitioner asserts that the allotment of Channel 261A at Forest City would be in the public interest since it would provide the community with its first local aural transmission service. Petitioner further asserts that the allotment would provide an outlet for the community's local self-expression. Moreover, petitioner claims that the health and safety of the community would be increased due to having a local communication outlet for warning the community of emergency conditions caused by severe weather or other health hazards. 3. We believe the proposal warrants consideration since the proposed allotment of Channel 261A at Forest City, Pennsylvania, could provide the community with its first local aural transmission service. An engineering analysis has determined that Channel 261A can be allotted to Forest City in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.1 kilometers (6.2 miles) northeast to avoid short-spacings to the 'All population figures are taken from the 1990 U.S. Census. 14975 Federal Communications Commission DA 96-1911 licensed sites of Station WODE-M, Channel 26GB, Easton, Pennsylvania, and Station WDST(FM), Channel 261A, Woodstock, New York, at petitioner's requested site.2 Since Forest City is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence of the Canadian government has been requested. 4. 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: City Channel No. Forest City, Pennsylvania 261A 5. 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. 6. Interested parties may file comments on or before January 13, 1997, and reply comments on or before January 28, 1997, 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: Victor A Michael, Jr., President Vixon Valley Broadcasting c/o Magic City Media 1912 Capitol Avenue, Suite 300 Cheyenne, Wyoming 82001 (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 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 73.2Q2fbX 73.504 g-d.73.606(b^ of the Commission's Pules. 46 FR 11549, February 9, 1981. The coordinates for Channel 261A at Forest City are North Latitude 41-42-55 and West Longitude 75-23- 06. 14976 Federal Communications Commission DA 96-1911 8. For further information concerning this proceeding, contact Sharon P. McDonald, 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. 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 14977 Federal Communications Commission DA 96-1911 APPENDIX MM Docket No. 96-235 RM-8909 1. Pursuant to authority found in Sections 4(0, 5(cXl), 303(g) and (r), and 307(b) of the Communications Act of 1934, as amended, end 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 Miking to which this Appendix is attached. 2. Showings Required. Comments are invited on the proposals) discussed in the 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 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 14978 Federal Communications Commission DA 96-1911 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 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. 14979