Amendment of Section 73.606(b
MM Docket No.
Table of Allotments,
TV Broadcast Stations.
Adopted: March 28, 1995 Released:April 10, 1995
Comment:June 1, 1995
Reply Comment:June 16, 1995
By the Chief, Allocations Branch:
1. Before the Commission for consideration is a petition for rule making filed by Paul Alfred Tennyson ("petitioner"
, requesting the allotment of UHF Television Channel 50 to Kailua, Hawaii, as that community's first local television service. Petitioner states its intention to apply for the channel, if allotted.
2. Petitioner notes that Kailua is a census designated place (CDP
with a 1990 population of 36,818 people, in Honolulu County (population 836,231
located on the north shore of Oahu approximately 21 kilometers (13 miles
northeast of Honolulu. Petitioner submits that Kailua has its own post office, banks, a police department, hospital, churches, a junior college, primary and secondary schools, shopping centers, a community center, stores, and restaurants.
3. A staff engineering analysis of the proposal indicates that UHF Television Channel 50 can be allotted to Kailua, 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, theproposed allotment at Kailua is not affected thereby.
Notice of Inquiry
, 2 FCC Rcd2125 (1987
, 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:
Kailua, Hawaii -- 50
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:
Paul Alfred Tennyson
305 Hahani Street, #118
Kailua, Hawaii 96734
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
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
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
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
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
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
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.
Footnote 1 Population figures are taken from the 1990 U. S. Census.
Footnote 2 The proposed coordinates for Channel 50 at Kailua are North Latitude 21-24-00 and West Longitude 157-44-30.