**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-151

Table of Allotments, ) RM-9942

FM Broadcast Stations. )

(Grapeland, Texas) )

)

(Elkhart, Texas) ) MM Docket No. 00-152

) RM-9943

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: August 16, 2000 Released: August 25, 2000**

**Comment Date: October 16, 2000**

**Reply Date: October 31, 2000**

By the Chief, Allocations Branch

1\. Before the Commission for consideration is a multiple docket [Notice
of Proposed Rule Making]{.underline} setting two 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
combing 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. 00-151, RM-9942]{.underline}**

**Petitioner:** Grapeland Broadcasting Company

Mark N. Lipp

Scott C. Cinnamon

Shook Hardy & Bacon, L.L.P.

600. 14^th^ Street, N.W., Suite 800

Washington, D. C. 20005

(Counsel for Escanaba License Corp.)

**Proposal:** Allot Channel 232C3 at Grapeland, Texas, as the
community\'s first local broadcast service.

**Community Present Proposed**

Grapeland, Texas \-\-\-\-\-\-\-\-- 232C3

**Coordinates:** 31-29-30 NL and 95-28-41 WL

**Additional Information:** Channel 232C3 can be allotted to Grapeland
in compliance with the Commission's spacing requirements without a site
restriction. In support of the proposal petitioner states that Grapeland
is located in Houston County with a population of 1,450 people according
to the 1990 U.S. Census. Petitioner further states that Grapeland has
its own school district which includes an elementary school, junior high
school and a senior high school, a fire department, numerous churches, a
medical center and a nursing home. Grapeland has its own post office and
zip code (75844). Petitioner also provided a list of names and addresses
of businesses in Grapeland, many of which incorporate Grapeland in the
name of the business.

**FCC Contact:** Kathleen Scheuerle, (202) 418-2180

**B. [MM Docket No. 00-152, RM-9943 ]{.underline}**

**Petitioner:** Elkhart Broadcasting Company

Mark N. Lipp

Scott C. Cinnamon

Shook Hardy & Bacon, L.L.P.

600. 14^th^ Street, N.W., Suite 800

Washington, D. C. 20005

**Proposal:** Allot Channel 265A at Elkhart, Texas, as the community\'s
first local broadcast service.

**Community Present Proposed**

Elkhart, Texas \-\-\-\-\-\-\-\-\-- 265A

**Coordinates:** 31-34-07 NL and 95-41-52 WL

**Additional Information:** Channel 265A can be allotted to Elkhart in
compliance with the Commission's spacing requirements with a site
restriction 12.8 kilometers (8.0 miles) southwest of the community. In
support of the proposal, petitioner states that Elkhart is located in
Anderson County and had a population of 1,076 people according to the
1990 U.S. Census. Petitioner further states that Elkhart has its own
city marshall, an independent school district, numerous churches as well
as several doctors and a medical clinic. Elkhart has its own post office
and zip code (75839). Additionally, petitioner provided a listing of
names and addresses of businesses located in Elkhart.

**FCC Contact:** Kathleen Scheuerle, (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 16, 2000,
and reply comments on or before October 31, 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 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 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 this
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

**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 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
Secretary, Federal Communications Commission, Washington, 445 Twelfth
Street, S. W.; 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 at its Headquarters, 445 12rh Street, S.W., Washington, D. C.