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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. 99-321 Table of Allotments, ) RM-9733 FM Broadcast Stations. ) (Grand Isle and Empire, Louisiana ) NOTICE OF PROPOSED RULE MAKING Adopted: October 20, 1999 Released: October 29, 1999 Comment Date: December 20, 1999 Reply Comment Date: January 4, 2000 By the Chief, Allocations Branch: 1. Before the Commission for consideration is a petition for rule making filed on behalf of Blue Dolphin Communications, Inc. ("petitioner"), permittee of Station KBIL(FM), Channel 283A, Grand Isle, Louisiana, requesting the substitution of Channel 283C2 for Channel 283A at Grand Isle, the reallotment of Channel 283C2 to Empire, Louisiana, as that community's first local transmission service, and modification of its authorization accordingly. Petitioner stated its intention to effectuate the changes reflected in its proposal. 2. Petitioner seeks to invoke the provisions of Section 1.420(i) of the Commission's Rules, which permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. See Modification of FM and TV Authorizations to Specify a New Community of License ("Modification"), 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of Community MO&O"), 5 FCC Rcd 7094 (1990). Petitioner advises that the requested reallotment of Channel 283C2 to Empire (population 2,654), a Census Designated Place that is not within an urbanized area, is mutually exclusive with its current authorization at Grand Isle (population 1,455). The distance between Grand Isle and the petitioner's proposed site at Empire is 32.4 kilometers (20 miles) whereas a distance of 166 kilometers (103 miles) is required in this instance. 3. In further support of its proposal petitioner describes Empire as a vibrant community located along the banks of the Mississippi River. Additionally, petitioner advises that Empire has numerous commercial facilities, financial institutions, churches, fire department, as well as local community and civic organizations. Petitioner adds that the area's economy is tied to commerce along the Mississippi River and nearby gas and oil related businesses. 4. Petitioner states that its reallotment proposal to specify Empire as its community of license will not result in a loss of existing service to Grand Isle as Station KBIL(FM) is unbuilt. Furthermore, petitioner reports that the proposed reallotment will not create any white or gray area and that Grand Isle will continue to receive reception service from at least five stations located in New Orleans, Golden Meadow, Port Sulphur, and Galliano, Louisiana. In further support, petitioner advises that the reallotment to Empire would enable Station KBIL(FM) to increase its coverage from its present theoretical level of 1,534 persons in an area of 1,790.3 square kilometers to 126,324 persons in an area of 8,376.6 square kilometers. 5. In consideration of the above, and on a comparative basis, the petitioner's proposal would provide a first local aural transmission service to the larger community of Empire, Louisiana. Therefore, we will propose to reallot Channel 283A from Grand Isle to Empire, Louisiana, and modify the petitioner's authorization (File No. BPH-971106MB) to specify operation on Channel 283C2, at the latter community, as requested. As the petitioner's modification request is consistent with the provisions of Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest in the use of Channel 283C2 at Empire, Louisiana. 6. Channel 283C2 can be allotted to Empire, Louisiana, consistent with the minimum distance separation requirements of Seciton 73.207(b) of the Commission's Rules, utilizing the petitioner's specified site located 20.9 kilometers (13 miles) northwest of the community at coordinates 29-29-07 NL; 89-46-39 WL. 7. Accordingly, we seek comments on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the communities listed below, as follows: Channel No. City Present Proposed Empire, Louisiana -- 283C2 Grand Isle, Louisiana 283A -- 8. 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. 9. Interested parties may file comments on or before December 20, 1999, and reply comments on or before January 4, 2000, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Federal Communications Commission, Office of the Secretary, 445 Twelfth Street, S.W.; TW-A325, Washington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioners, or their counsel or consultant, as follows: William J. Pennington, III, Esq. Post Office Box 403 Westfield, MA 01086 10. 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. 11. For further information concerning this proceeding, contact Nancy Joyner, 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 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 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 1. Pursuant to authority contained 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, 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 Reference Information Center (Room CY-A257), at its headquarters, 445 Twelfth Street, SW., Washington, D.C.