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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 99-303 Table of Allotments, ) RM-9737 FM Broadcast Stations. ) (Seymour, Texas) ) ) (Charlotte, Texas) ) MM Docket No. 99-304 ) RM-9738 ) (Alberton, Montana) ) MM Docket No. 99-305 ) RM-9537 ) (Inglis, Florida) ) MM Docket No. 99-306 ) RM-9729 ) (Big Sky, Montana) ) MM Docket No. 99-307 ) RM-9739 ) NOTICE OF PROPOSED RULE MAKING Adopted: October 6, 1999 Released: October 15, 1999 Comment Date: December 6, 1999 Reply Date: December 21, 1999 By the Chief, Allocations Branch 1. Before the Commission for consideration is a multiple docket Notice of Proposed Rule Making setting forth separate proposals to amend the FM Table of Allotments, Section 73.202(b) of the Rules. Each petitioner has stated that it will apply for its requested channel, if allotted. We believe that each proposal warrants consideration because it complies with our technical requirements and would serve the public interest. 2. This is a multiple docket Notice of Proposed Rule making issued in response to a Commission Public Notice released October 2, 1998 (DA 98-1987). We are combing separate FM allotment proposals into a single Notice of Proposed Rule Making. Each proposal has its own docket and rule making number and the Commission's Reference Center will maintain a separate file for each docket. As discussed in the Public Notice, this procedure will conserve Commission resources and expedite the processing of FM allotment petitions for rule making by avoiding duplicative actions. We request comments and/or counterproposals to the following proposals: A. MM Docket No. 99-303, RM-9737 Petitioner: Seymour Broadcasting Company c/o Audrey P. Rasmussen O'Connor & Hannan, L.L.P. 1919 Pennsylvania Avenue, N.W., Suite 800 Washsington, D. C. 20006 Proposal: Allot Channel 254A at Seymour, Texas, as the community's second local FM broadcast service. Community Present Proposed Seymour, Texas 230C2 230C2, 254A Coordinates: 33-29-57 NL and 99-15-06 WL Additional Information: Channel 254A can be allotted to Seymour with a site restriction 10.1 kilometers (6.3 miles) south of the community. Seymour is an incorporated community and the county seat for Baylor County. Seymour has its own post office and zip code (76380) and has a population of 3,185 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (202) 418-2180 B. MM Docket No. 99-304, RM-9738 Petitioner: Charlotte Radio Broadcasting Company c/o Robert Lewis Thompson Taylor Thiemann & Aitken, L.C. 908 King Street, Suite 300 Alexandria, Virginia 22314 Proposal: Allot Channel 227A at Charlotte, Texas, as the community's first local broadcast service. Community Present Proposed Charlotte, Texas ---------- 227A Coordinates: 28-49-49 NL and 98-51-01 WL Additional Information: Channel 227A can be allotted to Charlotte with a site restriction 14.3 kilometers (8.9 miles) west of the community. Since Charlotte is located within 320 kilometers of the U.S-Mexican border, concurrence of the Mexican Government will be required for the allotment of Channel 227A at Charlotte. Charlotte is an incorporated community located in Atascosa County with its own post office and zip code (78011) and has a population of 1,475 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (202) 418-2180 C. MM Docket No. 99-305, RM-9537 Petitioner: Mountain West Broadcasting c/o Victor A. Michael Jr. President, Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 294C3 at Alberton, Montana, as that community's second local FM broadcast service. Community Present Proposed Alberton, Montana 288C2 288C2, 294C3 Coordinates: 47-00-06 NL and 114-28-21 WL Additional Information: Channel 294C3 can be allotted to Alberton without a site restriction. Since Alberton is located within 320 kilometers of the U.S.-Canadian border, concurrence of the Canadian government will be requested for this allotment. Additionally, we find that Alberton is an incorporated community in Mineral County with a population of 354 according to the 1990 U.S. Census and has its own post office and zip code (59820). FCC Contact: Kathleen Scheuerle, (202) 418-2180 D. M Docket No. 99-306, RM-9729 Petitioner: Levy County Broadcasting c/o Cary S. Tepper Booth, Freret, Imlay & Tepper, P.C. 5101 Wisconsin Avenue, N.W., Suite 307 Washington, D. C. 20016-4120 Proposal: Allot Channel 257A to Inglis, Florida, as that community's second FM broadcast service. Community Present Proposed Inglis, Florida 282A 257A, 282A Coordinates: 29-07-49 NL and 82-41-19 WL Additional Information: Channel 257A can be allotted to Inglis with a site restriction 11.1 kilometers (6.9 miles) north of the community. Inglis is an incorporated community located in Levy County with its own post office and zip code (34449) and has a population of 1,241 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (202) 418-2180 E. MM Docket No. 99-307, RM-9739 Petitiner: R. Steven Hicks c/o Gregory L. Masters Marjorie J. Dickman Wiley, Rein & Fielding 1776 K Street, N.W. Washington, D. C. 20006 Proposal: Allot Channel 242A to Big Sky, Montana, as that community's second FM broadcast service. Community Present Proposed Big Sky, Montana 283A 283A, 242A Coordinates: 45-16-02 NL and 111-22-14 WL Additional Information: Channel 242A can be allotted to Big Sky, Montana, in compliance with the Commission's spacing requirements provided there is a site restriction 7.1 kilometers (4.4 miles) west of the community. Big Sky is located in Gallatin County, has its own post office and zip code (59716) and the 1998 edition of the Rand McNally Commercial Atlas and Marketing Guide shows a population of 500 people. Petitioner provided information from the Big Sky Chamber of Commerce indicating that Big Sky has approximately 1,000 registered voters with 1,200 full-time residents, showing that the population has doubled in the last ten years. Community status for allotment purposes for Big Sky was established in MM Docket No. 95-148, 11 FCC Rcd 1705 (1996). FCC Contact: Kathleen Scheuerle, (202) 418-2180 3. Comments, reply comments, counterproposals and other pleadings filed in response to this multiple docket Notice of Proposed Rule Making should reference only the specific docket to which the filing pertains. 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 in paragraph 2 of the Appendix before a channel will be allotted. 4. Interested parties may file comments on or before December 6, 1999, and reply comments on or before December 21, 1999, and are advised to read the Appendix for the proper procedure. Additionally, a copy of any filing should be served on the petitioner listed for the particular docket. 5. 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) and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 6. For further information concerning a proceeding listed above, contact the FCC contact listed for that proceeding. 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 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 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 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), 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 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) 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, 445 Twelfth Street, S. W.; TW-A325, Washington, D, C. 20554. 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, 445 12th Street, S.W., Washington, D. C.