(n1)(n2)DA 95-636

FEDERAL

COMMUNICATIONS

COMMISSION

Before the
Federal Communications Commission
Washington, D.C.

In the matter of:

Amendment of Section 73.606(b

,
NOTICE OF PROPOSED RULE MAKING
,

MM Docket No.
Table of Allotments,
RM-8586
TV Broadcast Stations.
(Waimanalo, Hawaii
Adopted: March 28, 1995 Released:April 10, 1995
By the Chief, Allocations Branch:
Comment Date:June 1, 1995
Reply Comment Date:
June 16, 1995
1. Before the Commission for consideration is a petition for rule making filed by Joyce Cathcart ("petitioner"
, requesting the allotment of UHF Television Channel 56 to Waimanalo, Hawaii, as that community's first local television service. Petitioner states its intention to apply for the channel, if allotted.
2. Petitioner notes that Waimanalo is a census designated place (CDP
with a 1990 population of 3,508, in Honolulu County (population 836,231
located on the north shore of Oahu approximately 17.5 kilometers (11 miles
east of Honolulu. Petitioner submits that Waimanalo has its own post office, primary and secondary schools, banks, stores and a number of churches. Petitioner also notes that Waimanalo is comprised of civic organizations and businesses which associate themselves with the community of Waimanalo.
3. A staff engineering analysis of the proposal indicates that UHF Television Channel 56 can be allotted to Waimanalo, Hawaii, consistent with the minimum distance separation requirements of Section 73.610 of the Commission's Rules.
Although the Commission hasimposed a temporary freeze on new television allotments in certain metropolitan areas, the proposed allotment at Waimanalo is not affected thereby.
See
Notice of Inquiry
, 2 FCC Rcd 2125 (1987
and
Order
, 52 FR 28346, July 29, 1987.
4. The Commission believes it would be in the public interest to seek comments on the proposal to amend, the TV Table of Allotments, Section 76.606(b
of the Commission 's Rules, with respect to the following community:
City
Channel No.
Present
Proposed
Waimanalo, Hawaii -- 56
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 assigned.
6. Interested parties may file comments on or before June 1 ,1995, and reply comments on or before June 16 , 1995 and are advised to read the Appendix for the proper procedures. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows:
Joyce Cathcart
1508 Halekoa Drive
Ainakoa, Hawaii 96821
(Petitioner
7. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of l980 do not apply to rule making proceedings to amend the TV Table of Allotments, Section 73.606(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 ll549, February 9, 1981.
8. For further information concerning this proceeding, contact Nancy J. Walls, 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 theCommission 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

APPENDIX

MM Docket No.
RM-8586

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 TV Table of Allotments, Section 73.606(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 Procedures. 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 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 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) whofiled 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.)

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 Public Reference Room at its headquarters, 1919 M Street, N.W., Washington, D.C.


APPENDIX

Footnote 1 Population figures are taken from the 1990 U. S. Census.

Footnote 2 The proposed coordinates for Channel 56 at Waimanalo are North Latitude 21-21-00 and West Longitude 157-43-12.