**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Paradise, Michigan) ) MM Docket No. 00-194

) RM-9972

)

(Clinton, Tennessee) ) MM Docket No. 00-195

) RM-9973 )

(Lynchburg Tennessee) ) MM Docket No. 00-196

) RM-9974

)

(Rincon, Texas) ) MM Docket No. 00-197

) RM-9975

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

**Adopted: September 27, 2000;** **Released: October 11, 2000**

**Comment Date: December 1, 2000**

**Reply Comment Date: December 18, 2000**

By the Chief, Allocations Branch:

1\. Before the Commission for consideration is a multiple docket [Notice
of Proposed Rule Making]{.underline} setting forth 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
combining 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. 00-194; RM-9972]{.underline}**

**Petitioner:** David C. Schaburg

3105 S. MLK, #169

#  Lansing, Michigan 48910-2939

.

**Proposal:** Allot Channel 234A at Paradise, Michigan, as the
community\'s first local aural transmission service.

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

Paradise, Michigan \-- 234A

**Coordinates:** 46-37-42 NL and 85-02-18 WL

**Additional Information:** This allotment is at city reference
coordinates and does not require a site restriction. Since Paradise is
located within 320 kilometers (199 miles) of the U.S.-Canadian border,
concurrence of the Canadian government has been requested. Because
Paradise is neither incorporated nor listed in the U.S. Census, the
proponent must demonstrate its community status. This may be proven by
the testimony of local residents or by objective or subjective evidence
indicating the existence of a community. [See]{.underline} [Beacon
Broadcasting]{.underline}, 2 FCC Rcd 3469 (1987); [aff'd.]{.underline} 2
FCC Rcd 7562 (1987). Some examples of objective indications of community
status include the existence of political, social, economic, commercial,
cultural, or religious organizations and services in the community.
[See]{.underline} [Kenansville, Florida]{.underline}, 5 FCC Rcd 2663
(Policy and Rules Div. 1990), [aff'd.]{.underline} 10 FCC Rcd 9831
(1995). Petitioner is requested to provide additional information
regarding the attributes of Paradise, Michigan, consistent with the
above guidelines.

**FCC Contact:** R. Barthen Gorman (202) 418-2180

**B. [MM Docket No. 00-195; RM-9973]{.underline}**

**Petitioner:** Clyde Scott, Jr., D.B.A. EME Communications

##  293 JC Saunders Road 

##  Moultrie, Georgia 31768

## 

**Proposal:** Allot Channel 291A at Clinton, Tennessee, as the
community's third local FM transmission service and fourth local aural
service.[^1]

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

Clinton, Tennessee 237A 237A, 291A

**Coordinates:** 36-06-39 NL and 84-15-54 WL

**Additional Information:** This allotment requires a site restriction
of 12.3 kilometers (7.7 miles) west of city reference coordinates.

**FCC Contact:** R. Barthen Gorman (202) 418-2180

**C. [MM Docket No. 00-196; RM-9974]{.underline}**

**Petitioner:** Mash Media

##  c/o Donald E. Martin, P.C. 

##  6060 Hardwick Place 

##  Falls Church, Virginia 22041 

##  

**Proposal:** Allot Channel 296A at Lynchburg, Tennessee, as the
community's first local aural transmission service.[^2]

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

Lynchburg, Tennessee \-- 296A

**Coordinates:** 35-16-54 NL and 86-22-24 WL

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

**FCC Contact:** R. Barthen Gorman (202) 418-2180

**D. [MM Docket No. 00-197; RM-9975]{.underline}**

**Petitioner:** Quevalle Communications

##  c/o Michael Celenza 

##  41 Kathleen Crescent 

Coran, New York 11727

**Proposal:** Allot Channel 284A at Rincon, Texas, as the community's
first local aural transmission service.

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

Rincon, Texas \-- 284A

**Coordinates:** 26-34-21 NL and 98-41-27 WL

**Additional Information:** This allotment requires a site restriction
of 11.7 kilometers (7.3 miles) northwest of city reference coordinates.
Since Rincon is located within 320 kilometers (199 miles) of the
U.S.-Mexican border, concurrence of the Mexican government has been
requested. Because Rincon is not listed in the U.S. Census and is not
incorporated, the proponent must demonstrate its community status. In
this light, petitioner is requested to provide additional information
regarding the attributes of Rincon, Texas, consistent with the
guidelines set forth for the community of Paradise, Michigan,
[supra]{.underline} .

**FCC Contact:** R. Barthen Gorman (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 **December 1,
2000**, and reply comments on or before **December 18**, **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 a rule making
proceeding to amend the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules. [See]{.underline} [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]{.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]{.underline} [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 in the applicable docket is no longer subject to
reconsideration by the Commission or review by any court. An
[ex]{.underline} [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 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]{.underline} [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]{.underline} [parte]{.underline}
presentation and shall not be considered in the proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass 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 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 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.) Comments should be filed with the Office of
the Secretary, Federal Communications Commission, 445 12th Street, SW;
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 (Room CY-A257) at its headquarters, 445 Twelfth Street, SW,
Washington, D.C.

[^1]: Educational channel 210C3 is also licensed to Clinton, Tennessee.

[^2]: In support of its proposal, petitioner states that Lynchburg is an
    incorporated community with a population of 4,721 persons (1990 U.S.
    Census). It notes that Lynchburg is the county seat of Moore County,
    Tennessee.