**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. )

)

(Tallulah, Louisiana) ) MM Docket No. 99-348

) RM-9765

)

(Hemet, California) ) MM Docket No. 99-349

) RM-9766 )

(Simmesport, Louisiana) ) MM Docket No. 99-350

) RM-9769

)

(Holbrook, Arizona) ) MM Docket No. 99-351

) RM-9785

)

(Gaviota, California) ) MM Docket No. 99-352

) RM-9786

)

(Mojave, California) ) MM Docket No. 99-353

) RM-9787

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: December 1, 1999 Released: December 10, 1999**

**Comment Date: January 31, 2000**

**Reply Date: February 15, 2000**

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:

**(1) [MM Docket No. 99-348, RM-9765]{.underline}**

**Petitioner:** Joe Kool Broadcasting

c/o Donald B. Brady

204 Duncan Avenue

Jackson, MS 39202

**Proposal:** Allot Channel 248A to Tallulah, Louisiana, as that
community's second local FM transmission service.

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

Tallulah, Louisiana 283C3 248A, 283C3

**Coordinates:** 32-25-07 NL; 91-12-15 WL

**Additional Information:** The proposed allotment requires a site
restriction 2.0 kilometers (1.2 miles) northwest to avoid a
short-spacing to Station WFMN, Channel 247C3, Flora, Mississippi, at
coordinates 32-27-21 NL; 90-15-32 WL.

**FCC Contact:** Nancy Joyner, (202) 418-2180

**(2) [MM Docket No. 99-349, RM-9766 ]{.underline}**

**Petitioner:** Arana Productions

c/o Peter Gutmann, Esq.

Pepper & Corazzini, L.L.P.

1776 K Street, N.W., Suite 200

Washington, DC 20006

**Proposal:** Allot Channel 273A to Hemet, California, as that
community\'s second local FM transmission service.

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

Hemet, California 289A 273A, 289A

**Coordinates:** 33-44-41 NL; 116-59-13 WL

**Additional Information:** Channel 273A can be allotted to Hemet with a
site restriction 1.5 kilometers (.95 miles) west of the community to
avoid a short-spacing to Station KJJZ, Channel 272A, Indio, California,
at coordinates 33-52-14 NL; 116-13-39 WL. As Hemet is located within

320 kilometers (199 miles) of the U.S.-Mexico border, the Commission
must obtain the concurrence of the Mexican government to this proposal.
Additionally, Channel 273A will be limited to 5.4 kW ERP and 100m HAAT,
or the equivalent, along the 180.1° azimuth towards Station XHUAN-FM,
Channel 273B, Tijuana, Mexico, which is also limited.

**FCC Contact:** Nancy Joyner, (202) 418-2180

**(3) [MM Docket No. 99-350; RM-9769]{.underline}**

**Petitioner:** C. Wayne Dowdy

c/o Lawrence J. Bernard, Jr., Esq.

5224 Chevy Chase Parkway, N.W.

Washington, DC 20015

**Proposal:** Allot Channel 287A to Simmesport, Louisiana, an
incorporated community, as that locality's first local aural
transmission service.

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

Simmesport, Louisiana \-- 287A

**Coordinates:** 30-53-30 NL; 91-47-00 WL

**Additional Information:** This proposal requires a site restriction
10.5 kilometers (6.5 miles) south of the community to avoid a short
spacing to Station KTYX, Channel 286A, Jonesville, Louisiana, at
coordinates 31-32-20 NL; 91-52-03 WL.

**FCC Contact:** Nancy Joyner, (202) 418-2180

**(4) [MM Docket No. 99-351; RM-9785]{.underline}**

**Petitioner:** Navajo Broadcasting Company, Inc.

c/o Richard J. Hayes, Jr., Esq.

8404 Lee's Ridge Road

Warrenton, VA 20186

**Proposal:** Substitute Channel 253C1 for Channel 221C1 at Holbrook,
Arizona, and modify the

license for Station KZUA-FM accordingly.

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

Holbrook, Arizona 221C1 253C1

**Coordinates:** 34-41-25 NL; 110-06-00 WL

**Additional Information:** This proposal requires a site restriction
24.1 kilometers (15 miles) south of the community to avoid short-spacing
to the present authorization of Station KBDT, Channel 255C, Oraibi,
Arizona, at coordinates 35-26-34 NL; 110-58-40 WL. In support of its
proposal, petitioner asserts that KZUA-FM's present tower is located
near the Holbrook, Arizona, airport. At that location KZUA-FM is limited
by FAA rules to a tower of 300 feet, thereby severely limiting service
within its 60 dBu contour to 7,478 persons. The proposed substitution of
Channel 253C1 at Holbrook would enable Station KZUA-FM to relocate to a
site that will afford it an opportunity to maximize its Class C1
authorization and increase the coverage potential within its reception
service area to approximately 23,500 persons.

**FCC Contact:** Nancy Joyner, (202) 418-2180

**(5) [MM Docket No. 99-352; RM-9786]{.underline}**

**Petitioner:** Brian Costello

c/o Brian Costello

15275 Old Cazadero Road

Guerneville, CA 95446

**Proposal:** Allot Channel 266A to Gaviota, California, as that
locality's first local aural transmission service.

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

Gaviota, California \-- 266A

**Coordinates:** 34-27-37 NL; 120-04-25 WL

**Additional Information:** This proposal requires a site restriction
12.8 kilometers (7.9 miles) east of Gaviota to avoid a short spacing to
Station KSTT-FM, Channel 267B, Los Osos-Baywood Park, California, at
coordinates 35-21-37 NL; 120-39-18 WL. Petitioner describes Gaviota
(population 70)[^1] as a rural California coastal community, that is not
incorporated. However, petitioner asserts that Gaviota has its own
school and fire districts, ranching activity, a large petroleum and
water

desalinization plants, and the Gaviota State Park. Petitioner also
advises that Gaviota is located

along U.S. Highway 101, a very heavily traveled arterial for
approximately 10,000 commuters from

the outlying communities of Santa Inez, Santa Maria, and Lompoc, to name
a few, that comprise much of the workforce for the concentrated business
environment of Santa Barbara. Petitioner reports that the Santa Inez
mountains to the north of Gaviota creates significant terrain shadowing
for the area, resulting in non-existent to very weak FM radio reception
to motorists traversing the region. Therefore, petitioner asserts that
the requested allotment of Channel 266A to Gaviota could provide
reliable, unobstructed service directly into Gaviota as well as along
the Coastal shelf to the east and west, and would provide essential
communication to motorists traveling in that area, citing [Essex,
California]{.underline}, 4 FCC Rcd 8084 (1989).

We invite comments on this proposal regarding the attributes of Gaviota
for allotment purposes. Further, given Gaviota's location along the
coastal shelf, petitioner is requested to provide proof of site
availability to accommodate the requested allotment of Channel 266A to
that locality.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(6) [MM Docket No. 99-353; RM-9787]{.underline}**

**Petitioner:** Linda A. Davidson

c/o Linda A. Davidson

2134 Oak St., Unit C

Santa Monica, CA 90405

**Proposal:** Allot Channel 241A to Mojave, California, as that
community's second local FM transmission service.

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

Mojave, California 249A 241A, 249A

**Coordinates:** 35-06-11 NL; 118-10-22 WL

**Additional Information:** This proposal requires a site restriction
5.9 kilometers (3.7 miles) North of the community to avoid a
short-spacing to Station KFSG, Channel 242B, Los Angeles, California, at
coordinates 34-05-05 NL; 118-12-10 WL. As Mojave is located within 320
kilometers (199 miles) of the U.S.-Mexico border, the Commission must
obtain concurrence of the Mexican government to the proposed allotment
of Channel 241A to that community.

**FCC Contact:** Nancy Joyner, (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 January 31, 2000,
and reply comments on or before February 15, 2000, 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]{.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 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 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]{.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 this proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

Attachment: Appendix

**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]{.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 Procedures]{.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
proposal(s) 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 comment 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
Secretary, Federal Communications Commission, Washington, 445 Twelfth
Street, SW.; 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 Twelfth Street, SW.,
Washington, D. C.

[^1]: Population figure was taken from the 1998 Rand McNally Commercial
    Atlas and Marketing Guide.