**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | MB Docket No. 04-300         |
|                                  | *) |                              |
| Amendment of Section 73.202(b)   | ** | RM-11022                     |
|                                  |    |                              |
| Table of Allotments,             | *  | MB Docket No. 04-301         |
|                                  | *) |                              |
| FM Broadcast Stations.           | ** | RM-10969                     |
|                                  |    |                              |
| (Fruita, Colorado)               | *  | MB Docket No. 04-302         |
|                                  | *) |                              |
| (Kerman, California)             | ** | RM-11020                     |
|                                  |    |                              |
| (Lockney, Texas)                 | *  | MB Docket No. 04-303         |
|                                  | *) |                              |
| (Lone Wolf, Oklahoma)            | ** | RM-11025                     |
|                                  |    |                              |
| (Quanah, Texas)                  | *  | MB Docket No. 04-304         |
|                                  | *) |                              |
| (Oak Harbor, Washington)         | ** | RM-11021                     |
|                                  |    |                              |
| (Orchard Mesa, Colorado)         | *  | MB Docket No. 04-305         |
|                                  | *) |                              |
| (Rising Star, Texas)             | ** | RM-10980                     |
|                                  |    |                              |
| (Twentynine Palms, California)   | *  | MB Docket No. 04-306         |
|                                  | *) |                              |
| (Waterford, California)          | ** | RM-10754                     |
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|                                  | *  | MB Docket No. 04-307         |
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|                                  | ** | RM-10982                     |
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|                                  | *  | MB Docket No. 04-308         |
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|                                  | ** | RM-10973                     |
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|                                  | *  | MB Docket No. 04-309         |
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|                                  | ** | RM-10974                     |
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+----------------------------------+----+------------------------------+

**NOTICE OF PROPOSED RULEMAKING**

**Adopted: August 4, 2004 Released: August 6, 2004**

**Comment Date: September 30, 2004**

**Reply Comment Date: October 15, 2004**

By the Assistant Chief, Audio Division:

1\. The Audio Division has before it for consideration a multiple docket
*Notice of Proposed Rule Making* setting forth ten 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. 04-300; RM-11022]{.underline}**

**Petitioner:** Dana J. Puopolo

2134 Oak Street, Unit C

Santa Monica, California 90405

**Proposal:** Allot Channel 255C3 at Fruita, Colorado, as that
community\'s second local aural transmission service.

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

Fruita, Colorado 260C 255C3, 260C

**Coordinates**: 39-15-05 NL and 108-50-16 WL

**Additional Information:** The allotment requires a site restriction of
14 kilometers (8.7 miles) northeast to avoid a short-spacing to the
vacant allotment site of Channel 253C3 at Palisade, Colorado.

**FCC Contact:** Rolanda F. Smith (202) 418-2180

**B. [MB Docket No. 04-301; RM-10969]{.underline}**

**Petitioner:** Linda A. Davidson

2134 Oak Street, Unit C

Santa Monica, California 90405

**Proposal:** Allot Channel 224A at Kerman, California as that
community\'s third local aural transmission service.

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

Kerman, California 232A, 237A 224A, 232A, 237A

**Coordinates:** 36-40-37 NL and 120-12-08 WL

**Additional Information:** The allotment requires a site restriction of
13.8 kilometers (8.6 miles) west to avoid a short-spacing to the license
sites of FM Station KZFO, Channel 224B, Clovis, California and FM
Station KMJO, Channel 224B1, Marina, California.

**FCC Contact:** Rolanda F. Smith (202) 418-2180

**C. [MB Docket No. 04-302; RM-11020]{.underline}**

**Petitioner:** Charles Crawford

4553 Bordeaux Ave.

Dallas, Texas 75205

**Proposal:** Allot Channel 271C3 at Lockney, Texas as that community\'s
first local aural transmission service.[^2]

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

Lockney, Texas \-\-\-\-\-\-\-\-\-- 271C3

**Coordinates:** 34-05-00 NL and 101-23-15 WL

**Additional Information:** This allotment requires a site restriction
of 6.7 kilometers (4.2 miles) southeast to avoid short-spacing to the
vacant allotment site of Channel 269A at Turkey, TX and the license
sites of FM Station KATP, Channel 270C1, Amarillo, Texas and Station
KZII-FM, Channel 273C1, Clovis, New Mexico.

**FCC Contact:** Rolanda F. Smith (202) 418-2180

**D. [MB Docket No. 04-303; RM-11025]{.underline}**

**Petitioner:** Charles Crawford

4553 Bordeaux Ave.

Dallas, Texas 75205

**Proposal:** Allot Channel 224A at Lone Wolf, Oklahoma, as that
community\'s first local aural transmission service.[^3]

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

Lone Wolf, Oklahoma \-\-\-\-\-\-\-\-\-- 224A

**Coordinates:** 34-58-53 NL and 99-09-53 WL

**Additional Information:** This allotment requires a site restriction
of 7.8 kilometers (4.8 miles) east to avoid short-spacing to the license
sites of Station KOMA-FM, Channel 223C, Oklahoma, Oklahoma, Station
KNIN-FM, Channel 225C1, Wichita Falls, Texas and FM Station KBKH,
Channel 225C2, Shamrock, Texas.

**FCC Contact:** Rolanda F. Smith (202) 418-2180

**E. [MB Docket No. 04-304; RM-11025]{.underline}**

**Petitioner:** Charles Crawford

4553 Bordeaux Ave.

Dallas, Texas 75205

**Proposal:** Allot Channel 255C3 at Quanah, Texas, as that community\'s
second local aural transmission service.[^4]

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

Quanah, Texas 265C3 255C3, 265C3

**Coordinates:** 34-10-04 NL and 99-46-49 WL

**Additional Information:** This allotment requires a site restriction
of 14.9 kilometers (9.3 miles) south to avoid short-spacing to the
vacant allotment site of Channel 254A at Seymour, Texas and the license
site of FM Station KRIJ, Channel 253C, Elk City, Oklahoma.

**FCC Contact:** Rolanda F. Smith (202) 418-2180.

**F. [MB Docket No. 04-305; RM-10980]{.underline}**

**Petitioner:** Dana J. Puopolo

2134 Oak Street, Unit C

Santa Monica, California 90405

**Proposal:** Allot Channel 289A at Oak Harbor, Washington, as that
community\'s first local aural transmission service.[^5]

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

Oak Harbor, Washington \-\-\-\-\-\-\-\-\-- 289A

**Coordinates:** 48-17-36 NL and 122-38-31 WL

**Additional Information:** This allotment is at city reference
coordinates and requires no site restriction. Oak Harbor is located
within 320 kilometers (199 miles) of the U.S.-Canadian border. Canadian
concurrence has been requested, as a specially negotiated short-spaced
allotment, since the proposed Oak Harbor allotment is short-spaced to
Canadian Station CBU-FM, Channel 289C, Vancouver, BC.

A minor change application was later filed by Jodesha Broadcasting,
Inc., licensee of FM Station KJET, Channel 289C1, Raymond, Washington,
which conflicts with the proposed Oak Harbor allotment. *See*
BPH-20031021ADK. As such, this application will be treated as a
counterproposal in this proceeding.

**FCC Contact:** Rolanda F. Smith (202) 418-2180.

**G. [MB Docket No. 04-306; RM-10659]{.underline}**

**Petitioner:** Dana J. Puopolo

2134 Oak Street, Unit C

Santa Monica, California 90405

**Proposal:** Allot Channel 249C3 at Orchard Mesa, Colorado as that
community\'s first local aural transmission service.

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

Orchard Mesa, Colorado \-\-\-\-\-\-- 249C3

**Coordinates:** 39-04-47 NL and 108-36-00 WL

**Additional Information:** This allotment requires a site restriction
of 5.8 kilometers (3.6 miles) northwest to avoid short-spacing to the
vacant allotment site of Channel 249C3 at Aspen, Colorado.

Orchard Mesa is listed in the 2000 U.S. Census as a Census Designated
Place ("CDP") located in Mesa County, Colorado with a population of 6456
persons. The designation of an area as a CDP raises the presumption that
an area is a "community" for allotment purposes, that presumption is
rebuttable.[^6] Petitioner must submit additional information
demonstrating that Orchard Mesa 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 political, social, economic, commercial,
cultural, public service, or religious organizations and services in the
community.[^7]

**FCC Contact:** Rolanda F. Smith (202) 418-2180

**H. [MB Docket No. 04-307; RM-10982]{.underline}**

**Petitioner:** Charles Crawford

4553 Bordeaux Ave.

Dallas, Texas 75205

**Proposal:** Allot Channel 290C3 at Rising Star, Texas, as that
community\'s first local aural transmission service.[^8]

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

Rising Star, Texas \-\-\-\-\-\-\-\-\-- 290C3

**Coordinates:** 32-05-54 NL and 98-58-00 WL

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

**FCC Contact:** Rolanda F. Smith (202) 418-2180.

**I. [MB Docket No. 04-308; RM-10973]{.underline}**

**Petitioner:** Dana J. Puopolo

2134 Oak Street, Unit C

Santa Monica, California 90405

**Proposal:** Allot Channel 270A at Twentynine Palms, California, as
that community\'s third FM commercial service.[^9]

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

Twentynine Palms, California 242A, 299B1 242A, 270A, 299B1

**Coordinates:** 34-09-41 NL and 116-03-47 WL

**Additional Information:** This allotment requires a site restriction
of 3.5 kilometers (2.2 miles) north to avoid short-spacing to the
license site of FM Station KWID, Channel 270C, Las Vegas, Nevada and
Mexican Station XHPF-FM, Channel 270B, Mexicali, BN. Mexican concurrence
has been requested since Twentynine Palms is located within 320
kilometers (199 miles) of the U.S.-Mexican border.

**FCC Contact:** Rolanda F. Smith (202) 418-2180.

**J. [MB Docket No. 04-309; RM-10974]{.underline}**

**Petitioner:** Linda A. Davidson

2134 Oak Street, Unit C

Santa Monica, California 90405

**Proposal:** Allot Channel 294A at Waterford, California, as that
community\'s first local aural transmission service.[^10]

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

Waterford, California \-\-\-\-\-\-\-\-\-- 294A

**Coordinates:** 37-40-21 NL and 120-38-26 WL

**Additional Information:** This allotment requires a site restriction
of 11.1 kilometers (6.9 miles) east to avoid short-spacing to the
license site of FM Station KEZR, Channel 293B, San Jose, California.

**FCC Contact:** Rolanda F. Smith (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 September 30, 2004, and reply comments on
or before October 15, 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, 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.[^11] 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\. 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:

David Tillotson, Esq.

Counsel, Jodesha Broadcasting, Inc.

In re: MB Docket No. 04-

4606 Charleston Terrace 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 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 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]: Lockney is an incorporated city located in the 2000 US Census with
    a population of 2,207 persons. Lockney has its own mayor, post
    office, volunteer fire department, school system, city offices, and
    a number of churches and commercial establishments.

[^3]: Lone Wolf is an incorporated city located in the 2000 US Census
    with a population of 500 persons. Lone Wolf has its own mayor, post
    office, volunteer fire department, police department, public
    schools, city offices, and a number of churches.

[^4]: The proposed Quanah allotment conflicts with a counterproposal to
    allot Channel 255C3 to Quanah, Texas, in MM Docket No. 00-148, which
    was dismissed by *Report and Order*. *See Quanah, TX et. al,* 18 FCC
    Rcd 9495 (MB 2003). An Application for Review of the *Memorandum
    Opinion and Order* issued, in MM Docket No. 00-148 was filed on June
    21, 2004, which excluded the dismissed allotment of Channel 255C3 at
    Quanah, TX. *See Quanah, TX et. al,* 19 FCC Rcd 7159 (MB 2003). As
    such, we accept the proposed Quanah allotment as a contingent
    rulemaking proposal, however, we caution parties that this proposal
    will be granted subject to the outcome of MM Docket No. 00-148,
    since this proceeding is effective but not final. *See Auburn,
    Alabama, et al,* 18 FCC Rcd 10333 (MB 2003).

[^5]: Oak Harbor is an incorporated city located in Island County with a
    2000 U.S. Census population of 19,795 persons.

[^6]: *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).

[^7]: *See Hayfield, VA*, 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).

[^8]: Rising Star is an incorporated city located in the 2000 US Census
    with a population of 835 persons. Rising Star has its own mayor
    along with six city councilmen. Rising Star also has an elementary,
    junior high, and high school with a student population of 240
    students.

[^9]: AM Station KQYN is also assigned to Twentynine Palms.

[^10]: Waterford is an incorporated city located in Stanislaus County in
    northern California with a 2000 U.S. Census population of 6,924
    persons.

[^11]: *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).