**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 04-357         |
|                                  | *) |                              |
| Amendment of Section 73.202(b)   | ** | RM- 11076                    |
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| Table of Allotments,             | *  | MB Docket No. 04-358         |
|                                  | *) |                              |
| FM Broadcast Stations.           | ** | RM- 11071                    |
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| (Adams, Massachusetts)           | *  | MB Docket No. 04-359         |
|                                  | *) |                              |
| (Ashtabula, Ohio)                | ** | RM-11072                     |
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| (Crested Butte, Colorado)        | *  | MB Docket No. 04-360         |
|                                  | *) |                              |
| (Lawrence Park, Pennsylvania)    | ** | RM-11073                     |
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| (Roswell, New Mexico)            | *  | MB Docket No. 04-361         |
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|                                  | ** | RM- 11074                    |
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**NOTICE OF PROPOSED RULEMAKING**

**Adopted: September 15, 2004 Released: September 17, 2004**

**Comment Date: November 8, 2004**

**Reply Comment Date: November 23, 2004**

By the Assistant Chief, Audio Division:

1.  The Audio Division has before it a multiple docket *Notice of
    Proposed Rule Making* setting forth five separate proposals to amend
    the FM Table of Allotments, Section 73.202(b) of the Commission\'s
    Rules.[^1] The petitioner for each proposal has stated that it will
    apply for each requested channel, if allotted. 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 combining 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
    Information 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. [MB Docket No. 04-357; RM-11076]{.underline}**

**Petitioner: Dana J. Puopolo**

**2134 Oak Street, Unit C**

**Santa Monica, California 90405**

**Proposal:** Allot Channel 255A at Adams, Massachusetts, as that
community\'s first local aural transmission service, and modify the site
for vacant Channel 255A at Rosendale, New York to accommodate site for
Channel 255A at Adams.

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

Adams, Massachusetts \-\-- 255A

Coordinates for Channel 255A at Adams: 42-37-12 NL and 73-08-12 WL

Coordinates for Channel 255A at Rosendale: 41-54-47 NL and 74-09-00 WL.

**Additional Information:** The allotment of Channel 255A at Adams,
Massachusetts requires a site restriction of 1.6 kilometers (1 mile)
west of the community. Adams is located within 320 kilometers (200
miles) of the U.S. Canadian border. Thus, concurrence of the Canadian
government has been requested for this allotment.

Petitioner states that Adams is an incorporated town with a 2000 U.S.
Census population of 5,784 persons. It also states that since a
television station is licensed to the community, WCDC-TV, it thus
qualifies as a community for allotment purposes.

**FCC Contact:** Victoria M. McCauley (202) 418-2180.

**B. [MB Docket No. 04-358; RM-11071]{.underline}**

**Petitioner: Dana J. Puopolo**

**2134 Oak Street, Unit C**

**Santa Monica, California 90405**

**Proposal:** Allot Channel 241B at Ashtabula, Ohio, as that
community\'s fourth local aural transmission service.

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

Ashtabula, Ohio 246B, 252A 241A, 246B, 252A

**Coordinates:** 41-52-38 NL and 80-47-49 WL

**Additional Information:** Channel 241A can be allotted at Ashtabula
with a site restriction of 1.5 kilometers (0.9 miles) northwest of the
community. Ashtabula is located within 320 kilometers (200 miles) of the
U.S. Canadian border. Thus, concurrence of the Canadian government has
been requested for this allotment.

**FCC Contact:** Victoria M. McCauley (202) 418-2180.

**C. [MB Docket No. 04-359; RM-11072]{.underline}**

**Petitioner: Linda Davidson**

**134 Oak Street, Unit C**

**Santa Monica, California 90405**

**Proposal:** Allot Channel 246C3 at Crested Butte, Colorado, as that
community\'s second local aural transmission service.[^2]

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

Crested Butte, Colorado \-\-- 246C3

**Coordinates:** 38-50-42 NL and 106-54-00 WL

**Additional Information:** This allotment requires a site restriction
of 8.0 kilometers (5.0 miles) east of Crested Butte.

**FCC Contact:** Victoria M. McCauley (202) 418-2180.

**D. [MB Docket No. 04-360; RM-11073]{.underline}**

**Petitioner: Dana J. Puopolo**

**2134 Oak Street, Unit C**

**Santa Monica, California 90405**

**Proposal:** Allot Channel 224A at Lawrence Park, Pennsylvania as that
community\'s first local aural transmission service.

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

Lawrence Park, Pennsylvania \-\-- 224A

**Coordinates:** 42-06-00 NL and 80-07-48 WL

**Additional Information:** This allotment requires a site restriction
of 10.6 kilometers (6.6 miles) southwest of the community. Lawrence Park
is located within 320 kilometers (200 miles) of the U.S. Canadian
border. Thus, concurrence of the Canadian government has been requested
for this allotment. It will be a specially negotiated short-spaced
allotment limited to 225 watts ERP and 100 meters HAAT to protect
Station CJBX-FM, Channel 224B, London, Ontario.

Petitioner states that Lawrence Park is a Census Designated Place
("CDP") located in northwest Pennsylvania in Erie County. It had a 2000
U.S. Census estimated population of 4,310 persons. Although the
designation of an area as a CDP raises the presumption that an area is a
"community" for allotment purposes, that presumption is rebuttable.[^3]
Petitioner must submit information demonstrating that Lawrence Park is a
"community" for allotment purposes. Community status may be proven by
the testimony of local residents or by objective or subjective evidence
indicating the existence of a community. Some examples of objective
indications of community status include the existence of local
government as well as social, economic, commercial, cultural, public
service, or religious organizations that serve the community.[^4]

**FCC Contact:** Victoria M. McCauley (202) 418-2180.

**E. [MB Docket No. 04-361; RM-11074]{.underline}**

**Petitioner: Dana J. Puopolo**

**2134 Oak Street, Unit C**

**Santa Monica, California 90405**

**Proposal:** Allot Channel 289C0 at Roswell, New Mexico, City, as that
community\'s thirteenth local aural transmission service.[^5]

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

Roswell, New Mexico 235C, 246C1, \*258A, 235C, 246C1, \*258A,

263C1, 284C2, 293C1 263C1, 284C2, 289C0, 293C1

**Coordinates:** 33-30-50 NL and 104-30-05 WL

**Additional Information:** This allotment requires a site restriction
of 13.4 kilometers (8.3 miles) north of Roswell. Since Roswell is
located within 320 kilometers (199 miles) of the U.S.-Mexican border,
concurrence of the Mexican government has been requested.

We also note that a minor change application was later filed by Rooney
Moon Broadcasting, Inc., licensee of FM Station KSEL-FM, Channel 290C1,
Portales, New Mexico, which conflicts with the proposed Roswell
allotment. *See* File No. BPH-20040426AAJ. Thus, this application will
be treated as a counterproposal in this proceeding.

**FCC Contact:** Victoria M. McCauley (202) 418-2180.

3.  Comments, reply comments, counterproposals and other pleadings filed
    in response to this multiple docket *Notice of Proposed Rule
    Makin*[g]{.underline} 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.  Pursuant to 47 C.F.R. Sections 1.415 and 1.419, interested parties
    may file comments on or before November 8, 2004, and reply comments
    on or before November 23, 2004, 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, SW, TW-A325, and Washington, D.C. 20554.
    Additionally, a copy of such comments should be served on the
    petitioner, as listed above for each 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.[^6] This document does not contain \[new or
    modified\] information collection requirements subject to the
    Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
    addition, therefore, it does not contain any new or modified
    "information collection burden for small business concerns with
    fewer than 25 employees," pursuant to the Small Business Paperwork
    Relief Act of 2002, Public Law 107-198, *see* 44 U.S.C. Section
    3506(c)(4).

6.  IT IS FURTHER ORDERED, That the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this *Order to Show Cause* by Certified Mail, Return
    Receipt Requested, to the following:

John M. Pelkey, Esq.

Counsel, Rooney Moon Broadcasting, Inc.

In re: MB Docket No. 04-361

Garvey, Schubert Barer

1000 Potomac Street NW

Washington, D.C. 20007

7.  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
    in the applicable docket 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 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* *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.

8.  Parties must file an original and four paper copies of each filing.
    Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first-class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). The Commission's contractor, Natek, Inc.,
    will receive hand-delivered or messenger-delivered paper filings for
    the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite
    110, Washington, D.C. 20002. The filing hours at this location are
    8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
    with rubber bands or fasteners. Any envelopes must be disposed of
    before entering the building. Commercial overnight mail (other than
    U.S. Postal Service Express Mail or Priority Mail) must be sent to
    9300 East

9.  Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
    first-class mail, Express Mail, and Priority Mail should be
    addressed to 445 12^th^ Street, SW, Washington, D.C. 20554. All
    filings must be addressed to the Commission's Secretary, Office of
    the Secretary, Federal Communications Commission.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief, Audio Division

Media Bureau

Attachment: Appendix

[APPENDIX]{.underline}

1\. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(1),
303(g) and (r), and 307(b), and 47 C.F.R. Sections 0.61, 0.204(b) and
0.283, IT IS PROPOSED TO AMEND the FM Table of Allotments, 47 C.F.R.
Section 73.202(b), as set forth in the *Notice of Proposed Rule Making*
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* 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* 47 C.F.R. Section 1.420(d).)

\(b\) With respect to petitions for rule making which conflict with the
proposals 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]{.underline}. Pursuant to
applicable procedures set out in 47 C. F.R. Sections 1.415 and 1.420,
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* 47 C.F.R. Section
1.420(a), (b) and (c).) Comments should be filed with the Office of the
Secretary, Federal Communications Commission, 445 12th Street, S.W.,
TW-A325, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
47 C.F.R. Section 1.420, 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.

[^1]: 47 C.F.R. § 73.202(b).

[^2]: Station KBUT, Channel 212A is also licensed to Crested Butte.

[^3]: *See* *Stock Island, Florida,* 8 FCC Rcd 343 (M.M. Bur. 1993);
    *East Hemet, California, et al.,* 4 FCC Rcd 7895 (M.M. Bur. 1989);
    and *Hannahs Mill and Milledgeville, Georgia*, 7 FCC Rcd 3944 (M.M.
    Bur. 1992).

[^4]: *See Hayfield, Virginia*, 12 FCC Rcd 16373 (M.M. Bur 1997) and
    *Kenansville, Florida*, 5 FCC Rcd 2663 (M.M. Bur 1990), *aff'd.*, 10
    FCC Rcd 9831(1995).

[^5]: NCE Station KRLU(FM), Channel 211, and AM Stations KBIM(AM),
    KNIF(AM), KPSA(AM), KRDD(AM), and KRCX(AM) are also licensed to
    Roswell.

[^6]: *See Certification that Section 603 and 604 of the Regulatory
    Flexibility Act Do Not Apply to Rule Making to Amend*, 47 C.F.R.
    Sections 73.202(b), 73.504 and 73.606(b). 46 FR 11549 (February 9,
    1981).