DA 96-208 Federal Communications Commission Record 11 FCC Red No. 6 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
MM Docket No. 96-43 
In the Matter of 
Amendment of Section 73.202(b) 
Table of Allotments, 
FM Broadcast Stations. 
(Frederiksted, Virgin Islands) 
RM-8754 
NOTICE OF PROPOSED RULE MAKING 
Adopted: February 14, 1996; Released: Ma rch 12, 1996 
Comment Date: May 3, 1996 
Reply Comment Date: May 20, 1996 
By the Ch ief, Allocations Branch: 
I. The Commission has before it the pe1111on for rule 
making filed by Jose J. Arzuaga ("petitioner"). proposing 
the allotment of Chan nel 2968 I at Frederiksted. Virgin 
Isla nds, as potentially the community's third local FM 
tra nsmissio n service. Petitioner states his intention to apply 
for the channel, if allotted. 
2. We believe the public interest would be served by the 
petit ioner 's proposal. since it could provide Fre<lerikste<l 
with an addi tional local FM transmission service. However. 
an engineering analysis has determined that using city ref­
erence coordinates (17-42-48 and 64-53-00). Channel 29681 
at Fre<ler iksted is short-spaced to the proposed allotment 
site for Station WVIQ(FM). Channel 2938 . Christiansted. 
Virgin Islands, an<l the licensed site for Channel 
WMEG(FM), Channel 295B, Guayama. Puerto Rico. 
Therefore, in an effort to resolve the conflict. we sought an 
alternate channel and have determined that Channel 297B I 
can be allotted at Frederiksted in compliance with the 
Com mission's minimum distance separation requirements 
at city reference coordinates.' 
3. Accord ingly. we seek comments on the proposed 
amendment of the FM Table o f Allotments. Section 
73.202(b) of the Commission's Rules. for the community 
listed below, to read as follows: 
C ity 
Frederiksted. 
Virgin Islands 
Present 
253A, 278A 
Channel No . 
Proposed 
253A.~ 278A. 29781 
1 The coordinates for Channel 29781 at Frederiksted are North 
Latitude 17-42--t8 and West Longitude 04-53-!Ml. 
2 Pursuant to MM Docket No. 91-259. Channel 253A was allot­
ted to Frederiksted as potentially the community's second local 
:\010 
4. The Commission's authority to institute r ule making 
proceedings, showings required, cut-off procedures, and fil­
ing 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 
May 3, 1996, and reply comments on or before May 20, 
1996, and are advised to read the Appendix for the proper 
procedures. Comments should be filed with the Secretary, 
Federal Communications Commission , Wash ington , D.C. 
20554. Additionally, a copy of such comments should be 
served on the petitioner, or its counsel or consultant, as 
follows: 
James L. Oyster, Esq. 
108 Oyster Lane 
Castleton, Virginia 22716 
(Counsel for Petitioner) 
6. The Commission has determined that the relevant 
provisions of the Regulatory Flexibility Act of 1980 <lo 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 Nol Apply to Rule Making to 
Amend Sections 73.20l(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 Sharon P. McDonald, Mass Media Bureau , (202) 
418-2180. For purposes of this restricted notice a nd com­
ment 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 an<l such 
decision is no longer subject to reconsideration by the 
Commission or review by any court. An ex parte presenta­
tion is not prohibited if specifically requested by the Com­
mission or staff for the clarification or adduction of 
evidence or resolution of issues in the proceeding. How­
ever. 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 presentatio n 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 
pro~eeding. 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 
sha ll not be considered in the proceeding. 
FM transmission service. See 10 FCC Red 0673 ( 19<>5). However, 
a Petition for Reconsideration was filed on July 2-t. 19<>5, which 
is pending. 
-11 FCC Red No. 6 Federal Communications Commission Record DA 96-208 
FEDERAL COMMUNICATIONS COMMISSION 
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau 
APPENDIX 
1. Pursuant to authority found in Sections 4(i), 5(c)( 1), 
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 Com­
mission's Rules and Regulations, as set forth in the Notice 
of Proposed Rule Making to which this Appendix is at-
tached. · 
2. Showings Required. Comments are invited on the pro­
posal(s) discussed in the Notice of Proposed Rule Making to 
which this Appendix is attached. Proponent(s) will be ex­
pected 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 gov­
ern the consideration of filings in this proceeding. 
(a) Counterproposals advanced in 'this proceeding 
itself will be considered if advanced in initial com­
ments, so that parties may comment on them in 
reply comments. They will not be considered if ad­
vanced in re ply comments. (See Section l.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 com­
ments herein. If they are filed later than that. they 
will not be considered in connection with the de­
cision 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 1.41 S and 1.420 
of the Commission's Rules and Regulations. interested par­
ties may file co mments and reply comments on or before 
the dates s~t 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 com­
ments, 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 
3011 
of service. (See Section l.420(a), (b) and (c) of the Com­
mission's Rules.) Comments should be filed with the Sec­
retary, 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 Regula­
tions, an original and four copies of all comments, reply 
comments, pleadings, briefs, or other documents shaJl 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 
Public Reference Room at its headquarters, 1919 M Street 
N.W., Washington, D.C.