**Before the**

**Federal Communications Commission**

Washington, D.C. 20554

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | MB Docket No. 05-13          |
|                                  | *) |                              |
| Amendment of Section 73.202(b)   | ** | RM-11078                     |
|                                  |    |                              |
| Table of Allotments,             | *  | MB Docket No. 05-14          |
|                                  | *) |                              |
| FM Broadcast Stations.           | ** | RM-11088                     |
|                                  |    |                              |
| (Groveland, California)          | *  | MB Docket No. 05-15          |
|                                  | *) |                              |
| (Powers, Oregon)                 | ** | RM-11148                     |
|                                  |    |                              |
| (Zapata, Texas)                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**NOTICE OF PROPOSED RULEMAKING**

**Adopted: January 26, 2005 Released: January 28, 2005**

**Comment Date: March 21, 2005**

**Reply Comment Date: April 5, 2005**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it a multiple docket *Notice of
Proposed Rule Making* setting forth two separate proposals to amend the
FM Table of Allotments, Section 73.202(b) of the Commission\'s Rules.
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. 05-13; RM-11078]{.underline}**

**Petitioner: Robert Eurich, President**

**105 Mountain Air, Inc.**

**7179 N. Van Ness**

**Fresno, California 93711**

**Proposal:** Allot Channel 264A at Groveland, California, as the
community's first local commercial FM transmission service.[^1]

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

Groveland, California \-\-- 264A

**Coordinates:** 37-50-45 NL and 120-12-00 WL

**Additional Information:** This allotment is located at city reference
coordinates and requires no site restriction.

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

**B. [MB Docket No. 05-14; RM-11088]{.underline}**

**Petitioner: Mikel Chavez**

**P.O. Box 400**

**Coquille, Oregon 97423**

**Proposal:** Allot Channel 293C2 at Powers, Oregon, as the community's
first local aural transmission service.[^2]

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

Powers, Oregon \-\-- 293C2

**Coordinates:** 42-53-01 NL and 124-04-19 WL

**Additional Information:** This allotment is located at city reference
coordinates and does not require a site restriction.

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

**C. [MB Docket No. 05-15; RM-11148]{.underline}**

**Petitioner: Jeraldine Anderson**

**1702 Cypress Drive**

**Irving, Teas 75061**

**Proposal:** Allot Channel 292A at Zapata, Texas, as the community's
fourth local FM transmission service.

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

Zapata, Texas 228A, 274A, 280A 228A, 274A, 280A 292A

**Coordinates**: 26-49-57 NL and 99-14-25 WL

**Additional Information:** This allotment requires a site restriction
of 9.0 kilometers (5.6 miles) south to avoid a short-spacing to the
licensed site for Station KPSO-FM, Channel 292A, Falfurria, Texas. Since
Zapata 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

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 Sections 1.415 and 1.419[^3] of the Commission's Rules,
interested parties may file comments on or before March 21, 2005, and
reply comments on or before April 5, 2005, 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, 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.[^4] 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. 3506(c)(4).

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* *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.

7\. Parties who choose to file by paper must file an original and four
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 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 Sections 47 U.S.C. Sections 4(i),
5(c)(1), 303(g) and (r), and 47 C.F.R. Sections 0.61, 0.204(b) and
0.283, IT IS PROPOSED TO AMEND the M 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]{.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 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 (s*ee 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 12^th^ Street, S.W., Room 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 Information Reference
Center (Room CY-A257) at its headquarters, 445 12^th^ Street, S.W.,
Washington, D.C. 20554.

[^1]: In support of the proposal, petitioner states that Groveland is a
    Census Designated Place with a 2000 U.S. Census population of 3,388
    persons. Groveland has many local businesses which provide services
    to tourists visiting Yosemite National Park as well as local
    residents. The local Chamber of Commerce has over 100 members
    providing many types of services. Groveland is considered the portal
    to Yosemite National Park, which is just 15 miles away.

[^2]: In support of the proposal, petitioner states that Powers is an
    incorporated city with a 2000 U.S. Census population of 734 persons.
    It has its own city council, fire department, police department,
    post office, water supply system, waste treatment system, library,
    and school district---including K-12 public schools. The U.S. Forest
    Service has offices in the city and is the largest employer. Powers
    has public, private, religious, and retail services associated with
    an independent city. Powers has its own zip code and telephone
    prefix.

[^3]: 47 C.F.R. Sections 1.415 and 1.419.

[^4]: *See 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*. 46 FR
    11549 (February 9, 1981).