11 FCC Red No. 9 Federal Communications Commission Record DA 96-510
Before the
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 96-88
In the Matter of
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations.
(Manitowoc and Two Rivers, Wisconsin) 1
RM-8760
NOTICE OF PROPOSED RULE MAKING
Adopted: April 3, 1996; Released: April 18, 1996
Comment Date: June 10, 1996
Reply Comment Date: June 25, 1996
By the Chief, Allocations Branch:
1. Before the Commission for consideration is a petition
for rule making filed by Lyle Robert Evans d/b/a High
Mark Radio Company ("petitioner"), requesting the allot
ment of Channel 255A to Two Rivers, Wisconsin. Peti
tioner provided an engineering study in support of the
proposal and indicated it would apply for the channel, if
allotted. ·
2. We believe the proposal warrants consideration be
cause the proposed allotment could provide a first local
FM service to Two Rivers, Wisconsin. Channel 255A can
be allotted to Two Rivers consistent with the Commission's
Rules provided there is a site restriction 12.1 kilometers
(7.5 miles) southwest of the community.2 The site restric
tion will prevent a short spacing to Station WQLH, Chan
nel 253Cl, Green Bay, Wisconsin.
3. In view of the fact that the proposed allotment could
provide a first local FM service to Two Rivers, the Com
mission believes it would serve the public interest to solicit
comments to amend the FM Table of Allotments, Section
73.202(b) of the Commission's Rules, for the community
listed below, to read as follows:
City Present
Manitowoc, Wisconsin 221A
Two Rivers, Wisconsin 272A
Channel No.
Proposed
221A, 272A
255A
1 The community of Manitowoc, Wisconsin, has been included
in the caption of this proceeding for the purpose of making an
editorial correction to the FM Table of allotments. Channel
272A was allotted to Manitowoc, Wisconsin, but used at Two
Rivers, Wisconsin, under the old-10 mile rule. As Station
WQTC, Channel 272A, is licensed to Manitowoc, Wisconsin, we
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4. IT IS ORDERED, That the Secretary of the Commis
sion shall send by Certified Mail, Return Receipt Request
ed, a copy of this Notice of Proposed Rule Making to the
following:
Seehafer Broadcast Corporation
Station WQTC
3730 Mangin Street
Manitowoc, Wisconsin 54220
5. The Commission's authority to institute rule 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.
6. Interested parties may file comments on or before
June 10, 1996, and reply comments on or before June 25,
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:
Lyle Robert Evans d/b/a
High Mark Radio Company
1296 Marian Lane
Green Bay, Wisconsin 54304
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 73.202(b), 73.504 and 73.606(b) of the
Commission's Rules, 46 FR 11549, February 9, 1981.
8. For further information concerning this procee9ing,
contact Kathleen Scheuerle, Mass Media Bureau, (202)
418-2180. For ·purposes of this restricted notice and 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 and 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 presentation upon the
other parties to the proceeding unless the Commission
take this opportunity to make the editorial correction. Since the
change is editorial in nature, a public notice and comment
rroceeding is unnecessary. See 5 U.S.C. 553(b)(A) and (B).
The coordinates for Channel 255A at Two Rivers are
44-03-57 and 87-39-44.
DA 96-510 Federal Communications Commission Record 11 FCC Red No. 9
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 this proceeding.
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), S(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 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 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 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 1.415 and 1.420
of the Commission's Rules and Regulations, interested par
ties may file comments and reply comments on or before
the dates set forth in the Notice of Proposed Rule Making to
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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
of service. (See Section 1.420(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 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
Public Reference Room at its headquarters, 1919 M Street
N.W., Washington, D.C.