Amendment of Section 73.202(b
MM Docket No. 95-15
Table of Allotments,
FM Broadcast Stations.
(Pago Pago, American Samoa
Adopted: January 24, 1995 ; Released: January 31, 1995
Reply Comment Date:
By the Chief, Allocations Branch:
1. The Commission has before it the request of Oceania Broadcasting Network, Inc. ("petitioner"
, seeking the allotment of Channel 226C1 to Pago Pago, American Samoa, as its second local FM channel.
Petitioner states that it will apply for the channel, if allotted.
2. Channel 226C1 can be allotted to Pago Pago in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction.
3. We believe the public interest would be served by proposing the allotment of Channel 226C1 to Pago Pago since it could provide the community with its second local FM service. 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:
Pago Pago, American Samoa 221C3 221C3, 226C1
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 required by paragraph 2 of the Appendix before a channel will be allotted.
5. Interested parties may file comments on or before , 1995, and reply comments on or before , 1995, 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:
Christopher J. Racine, President
Oceania Broadcasting Network, Inc.
970 North Kalaheo Avenue
Kailua, Hawaii 96734
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.
Certification That Sections 603 and 604 of the Regulatory
Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(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
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 theperson(s) who filed the comment, to which the reply
is directed, constitutes an ex parte presentation and shall
not be considered in the proceeding.
John A. Karousos
Chief, Allocations Branch
Policy and Rules Division
Mass Media Bureau
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 Rules.) Comments should be filed with the
Secretary, Federal Communications Commission, Washington,
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.
Footnote 1 The Commission earlier proposed the allotment of Channel 226C1 to Pago Pago in connection with the deletion of Channel 266C1 there in order to accommodate a new co-channel station authorized by the independent nation of Western Samoa. See MM Docket 94-26, 9 FCC Rcd 1545 (1994). While the Commission rescinded the decision in MM Docket 94-26 (59 FR 65295, December 19, 1994), we have accepted Oceania Broadcasting's comments expressing an intention to apply for Channel 226C1 at Pago Pago as a new petition for rule making.
Footnote 2 The coordinates for Channel 226C1 at Pago Pago are -14-16-41 South Latitude and 170-42-09 West Longitude.