**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Junction, Texas) ) MM Docket No. 01-198

) RM-10213

)

(Knox City, Texas) ) MM Docket No. 01-199

) RM-10214

)

(Dilley, Texas) ) MM Docket No. 01-200

) RM-10215

)

(Frederic, Michigan) ) MM Docket No. 01-201

) RM-10216

)

(Goree, Texas) ) MM Docket No. 01-202

) RM-10217

)

(Leakey, Texas) ) MM Docket No. 01-203

) RM-10218

)

(Sweetwater, Texas) ) MM Docket No. 01-204

RM-10219

**[NOTICE OF PROPOSED RULE MAKING]{.underline}**

**Adopted: August 15, 2001** **Released: August 24, 2001**

**Comment Date: October 15, 2001**

**Reply Comment Date: October 30, 2001**

By the Chief, Allocations Branch:

1\. Before the Commission for consideration is a multiple docket [Notice
of Proposed Rule Making]{.underline} 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]{.underline} issued in response to a Commission [Public
Notice]{.underline} released October 2, 1998 (DA 98-1987). We are
combining separate FM allotment proposals into a single [Notice of
Proposed Rule Making]{.underline}. 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]{.underline}, 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. 01-198; RM-10213]{.underline}**

**Petitioner:** Katherine Pyeatt

6655 Aintree Circle

Dallas, Texas 75214

**Proposal:** Allot Channel 277C3 at Junction, Texas, as potentially the
community\'s third local FM transmission service.

**[Community]{.underline} [Present]{.underline} [Proposed]{.underline}**

Junction, Texas 228C2 228C2, 277C3

297A[^1]

**Coordinates:** 30-22-51 NL and 99-47-59 WL

**Additional Information:** This allotment requires a site restriction
of 12.3 kilometers (7.6 miles) south to avoid short-spacings to the
licensed sites of Station KKCN(FM), Channel 276C1, Ballinger, Texas, and
Station KEEP(FM), Channel 276A, Bandera, Texas. Since Junction is
located within 320 kilometers (199 miles) of the U.S.-Mexican border,
concurrence of the Mexican government has been requested.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

**B. [MM Docket No. 01-199; RM-10214]{.underline}**

**Petitioner:** Jeraldine Anderson

1702 Cypress Drive

Irving, Texas 75061

**Proposal:** Allot Channel 291A at Knox City, Texas, as the community's
second local FM transmission service.

**[Community]{.underline}** **[Present]{.underline}**
**[Proposed]{.underline}**

Knox City, Texas 257A 291A, 297A

**Coordinates:** 33-25-55 NL and 99-47-43 WL

**Additional Information:** This allotment requires a site restriction
of 2.7 kilometers (1.7 miles) northeast to avoid a short-spacing to the
construction permit site of Station KKHR(FM), Channel 292C2, Abilene,
Texas.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

**C. [MM Docket No. 01-200; RM-10215]{.underline}**

**Petitioner:** Jeraldine Anderson

1702 Cypress Drive

Irving, Texas 75061

**Proposal:** Allot Channel 264A at Dilley, Texas, as the community's
second local FM transmission service.

**[Community]{.underline} [Present]{.underline} [Proposed]{.underline}**

#  Dilley, Texas 255C1 255C1, 264A 

**Coordinates:** 28-40-02 NL and 99-10-13 WL

**Additional Information:** This allotment is located at city reference
coordinates and does not require a site restriction. Since Dilley is
located within 320 kilometers (199 miles) of the U.S.-Mexican border,
concurrence of the Mexican government has been requested.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

## D. [MM Docket No. 01-201; RM-10216]{.underline}

**Petitioner:** Alpine Wireless of Frederic

c/o Arthur V. Belendiuk, Esq.

Smithwick & Belendiuk, P.C.

5028 Wisconsin Ave., N.W., Suite 301

Washington, D.C. 20016

**Proposal:** Allot Channel 237A at Frederic, Michigan, as the
community's first local aural transmission service.[^2]

**[Community]{.underline} [Present]{.underline} [Proposed]{.underline}**

Frederic, Michigan \-\-- 237A

**Coordinates:** 44-46-29 NL and 84-39-29 WL

**Additional Information:** This allotment requires a site restriction
of 7.6 kilometers (4.7 miles) east to avoid a short-spacing to the
licensed sites of Station WCFX(FM), Channel 237A, Clare, Michigan, and
Station WJZJ(FM), Channel 238C2, Glen Arbor, Michigan. Since Frederic is
located within 320 kilometers (200 miles) of the U.S.-Canadian border,
concurrence of the Canadian government has been requested.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

## E. [MM Docket No. 01-202; RM-10217]{.underline}

**Petitioner:** Jeraldine Anderson

1702 Cypress Drive

Irving, Texas 75061

**Proposal:** Allot Channel 275A at Goree, Texas, as the community's
first local aural transmission

service.[^3]

**[Community]{.underline} [Present]{.underline} [Proposed]{.underline}**

Goree, Texas \-\-- 275A

**Coordinates:** 33-30-00 NL and 99-30-00 WL

**Additional Information:** This allotment requires a site restriction
of 4.3 kilometers (2.7 miles) northeast to avoid a short-spacing to the
licensed site of Station KHXS(FM), Channel 274C1, Merkel, Texas.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

## F. [MM Docket No. 01-203; RM-10218]{.underline}

**Petitioner:** Jeraldine Anderson

1702 Cypress Drive

Irving, Texas 75061

**Proposal:** Allot Channel 299A at Leakey, Texas, as the community's
third local FM transmission service.

**[Community]{.underline} [Present]{.underline} [Proposed]{.underline}**

Leakey, Texas 226A, 282A 226A, 282A, 299A

**Coordinates:** 29-41-58 NL and 99-53-41 WL

**Additional Information:** This allotment requires a site restriction
of 13.3 kilometers (8.3 miles) west to avoid short-spacings to the
licensed sites of Station KXTN-FM, Channel 298C, San Antonio, Texas, and
Station XHPC-FM, Channel 300B, Piedras, Mexico. Since Leakey is located
within 320 kilometers (199 miles) of the U.S-Mexican border, concurrence
of the Mexican government has been requested.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

## G. [MM Docket No. 01-204; RM-10219]{.underline}

**Petitioner:** Jeraldine Anderson

1702 Cypress Drive

Irving, Texas 75061

**Proposal:** Allot Channel 221C3 at Sweetwater, Texas, as the
community's second local FM transmission service.

**[Community]{.underline} [Present]{.underline} [Proposed]{.underline}**

Sweetwater, Texas 244A 221C3, 244A

**Coordinates:** 32-28-15 NL and 100-24-20 WL

**Additional Information:** This allotment is located at city reference
coordinates and requires no site restriction. Since Sweetwater located
within 320 kilometers (199 miles) of the U.S-Mexican border, concurrence
of the Mexican government has been requested.

**FCC Contact:** Sharon P. McDonald, (202) 418-2180.

3\. Comments, reply comments, counterproposals and other pleadings filed
in response to this multiple docket [Notice of Proposed Rule
Making]{.underline} should reference **[only]{.underline}** 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 **October 15,**
**2001**, and reply comments on or before **October 30, 2001,** 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 a rule making
proceeding to amend the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules. [See]{.underline} [Certification that Section 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]{.underline}. 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]{.underline}
[parte]{.underline} presentations are permitted from the time the
Commission adopts a Notice of Proposed Rule Making until the proceeding
has been decided and such decision in the applicable docket is no longer
subject to reconsideration by the Commission or review by any court. An
[ex]{.underline} [parte]{.underline} 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 any
summary of any new information shall be served by the person making the
presentation upon the other parties to the proceeding in particular
docket unless the Commission specifically waives this service
requirement. Any comment which has not been served on the petitioner

constitutes an [ex]{.underline} [parte]{.underline} 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]{.underline} [parte]{.underline}
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

[APPENDIX]{.underline}

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]{.underline} to which this Appendix is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal(s) discussed in the [Notice of Proposed Rule
Making]{.underline} 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]{.underline}. 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]{.underline} 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]{.underline}, 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]{.underline}. 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]{.underline} 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]{.underline} Section
1.420(a), (b) and (c) of the Commission\'s Rules.) Comments should be
filed with the Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. 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]{.underline}. 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 12^th^ Street, S.W.,
Washington, D.C. 20554.

[^1]: A [Notice of Proposed Rulemaking]{.underline} was adopted in
    Docket No. 01-132 on June 13, 2001, proposing the allotment of
    Channel 297A at Junction, Texas, as the community's second local FM
    transmission service. [See]{.underline} 16 FCC Rcd \_\_\_\_
    (released June 22, 1001); 66 FR 35406, July 5, 2001.

[^2]: In support of the proposal, petitioner states that Frederic is an
    incorporated city located in Crawford County and has a 2000 U.S.
    Census population of 1,401 persons. It has its own post office and
    zip code. Frederic also has its own fire department, elementary
    school, and library.

[^3]: In support of its proposal, petitioner states that Goree is an
    incorporated community with a 1998 Texas State Data Center
    population of 425 persons (the 2000 Census population is 321
    persons). Goree has its own mayor, city hall, post office, and
    school district.