**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.606(b), ) MB Docket No. 02-280

Table of Allotments, ) RM-10558

Television Broadcast Stations. )

(Blanco, Texas) )

)

)

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

**Adopted: September 13, 2002 Released: September 18, 2002**

Comment Date: November 12, 2002

Reply Comment Date: November 27, 2002

By the Chief, Video Division:

1\. The Commission has before it a petition for rule making filed by
Univision Television Group, Inc. ("Univision"), an applicant for NTSC
channel 52 at Blanco, Texas. Univision requests the substitution of
channel 17 for channel 52 at Blanco.

2\. Univision was the winning bidder in FCC Auction No. 80 (July 2000)
for NTSC channel 52 at Blanco, Texas. Subsequently, the Commission
adopted new allocation and service rules for the radio spectrum at
698-746 MHz, which cleared the lower 700 MHz Band for use by fixed and
mobile services.[^1] Under the new reallocation plan, the Commission
stated that it would dismiss all pending petitions for NTSC channel
allotments in the Lower 700 MHz. With regard to applications for
construction permits, the Commission stated it would open a 45-day
window for applicants to request a change in channel for their pending
applications or petitions for rule making.[^2] In response, Univision
filed a petition for reconsideration requesting that the Commission
exclude it from the category of applicants required to amend their
applications to specify an in-core channel or DTV operation, or face
dismissal. In the alternative, Univision requested that the Commission
grant its pending petition for rule making proposing the substitute NTSC
channel 17 for NTSC channel 52. Univision stated that adoption of its
channel substitution proposal would facilitate the reallocation of
services in the lower 700 MHz spectrum while permitting Univision to
commence television service in the community of Blanco. The Commission
denied Univision request for relief regarding its application, but the
directed the Media Bureau to expedite its allotment request to change
channels at Blanco.

3\. The Univision allotment proposal does not comply in all respects
with the spacing requirements to land mobile channel 17 at Houston,
Texas. The Commission, however, directed the Media Bureau to consider
waiver of the applicable land mobile distance separation criterion for
the site proposed in Univision petition. The Commission also stated that
such waiver relief, if granted, should be conditioned on Univision
agreeing to: (1) accepting interference from current and future 488-494
MHz land mobile facilities operating from base stations located within
50 miles of the Houston reference point and mobile units operating
within 30 miles of their associated base stations; and (2) agreeing not
to radiate a signal in the Houston area where land mobile operation is
permitted with a field strength greater than that permitted by a full
power TV station that meets the co-channel distance separation criteria
(341.l km).[^3] Our proposal to waive the land mobile spacing
requirements to channel 17 in Houston is based upon the special
circumstances presented in the Univision case and pursuant to the
expressed directions of the Commission. We further note that Univision
had remitted to the U.S. Treasury all sums due to this point pursuant to
its auction bid. Our action here is not a modification of the
Commission's strict policy of not accepting petitions for rule making
not meeting the spacing requirements.

4\. Accordingly, we seek comments on Univision proposal to substitute
channel 17 for channel 52+ at Blanco, Texas. A staff engineering
analysis indicates that Channel 17 can be allotted to Blanco, Texas,
with a zero offset consistent with the minimum distance separation
requirements of Sections 73.610 and 73.698 of the Commission\'s Rules.
Since the community of Blanco is located within 275 kilometers of the
U.S.-Mexican border, concurrence from the Mexican government must be
obtained for this allotment. The coordinates for channel 17 at Blanco
are North Latitude 29-42-58 and West Longitude 98-30-39.

5 Accordingly, we seek comments on the proposed amendment of the TV
Table of Allotments, Section 73.606(b) of the Commission\'s Rules, for
the community listed below, to read as follows:

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Blanco, Texas 52+ 17

6\. 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.

7\. Interested parties may file comments on or before November 12, 2002,
and reply comments on or before November 27, 2002, and need to read the
Appendix for the proper procedures. Comments should be filed with the
Secretary, Federal Communications Commission, Washington, D.C. 20554.
Additionally, a copy of such comments should be served on the
petitioner, or its counsel or consultant, as follows:

Scott R. Flick

Brendan Holland

Shaw Pittman LLP

2300 N Street, NW

Washington, DC 20037-1128

(Counsel for Univision Television Group, Inc.)

8\. 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 TV Table of Allotments, Section 73.606(b).
[See]{.underline} [Certification That Sections 603 and 604 of the
Regulatory]{.underline} Flexibility [Act Do Not Apply to Rule Making to
Amend Sections 73.202(b), 73.504]{.underline} [and 73.606(b) of the
Commission\'s Rules]{.underline}, 46 FR 11549, February 9, 1981. The
Regulatory Flexibility Act of 1980 would also not apply to rule making
proceedings to amend the DTV Table of Allotments, Section 73.622(b) of
the Commission\'s Rules.

9\. For further information concerning this proceeding, contact Pam
Blumenthal, Media Bureau, (202) 418-1600. For purposes of this
restricted notice and comment rule making proceeding, members of the
public are advised that no [ex 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 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 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]{.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
parte]{.underline} presentation and shall not be considered in the
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

Attachment: Appendix

[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 DTV Table of Allotments, Section 73.622(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.). The Commission permits the electronic
filing of all pleadings and comments in proceeding involving petitions
for rule making (*except in broadcast allotment proceedings*).
[See]{.underline} [Electronic Filing of Documents in Rule Making
Proceedings]{.underline}, GC Docket No. 97-113 (rel. April 6, 1998).
Filings by paper 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, Vistronix,
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 and Priority Mail) must be sent to 9300 East 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, 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 Center
(Room CY-A257) at its headquarters, 445 12th Street, S.W., Washington,
D.C.

[^1]: Reallocation and Service Rules for 698-746 MHz Spectrum Band
    (Television Channels 52-59), GN Docket No. 01-74, *Report and
    Order*, 17 FCC Rcd 1022 (2002) released January 18, 2002 ("*Lower
    700 MHz R&O"*); and see also, *Memorandum Opinion and Order*, 17 FCC
    11613 (2002), released June 14, 2002 *("Lower 700 MHz MO&O")*.

[^2]: *See Mass Media Bureau Announces Window Filing Opportunity for
    Certain Pending Requests for New NTSC Television Stations on
    Channels 52-59*., released February 6, 2002, DA 02-270.

[^3]: See *Lower 700 MHz MO&O,* supra.