**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 06-66          |
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| Amendment of Section 73.202(b)   | ** | RM-11321                     |
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| FM Table of Allotments,          | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| (Normangee, Texas)               | *  |                              |
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**NOTICE OF PROPOSED RULEMAKING**

**Adopted: March 29, 2006 Released: March 31, 2006**

**Comments Date: May 22, 2006**

**Reply Comments Date: June 6, 2006**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it a petition for rule making filed by
Charles Crawford ("Petitioner"), proposing the allotment of Channel 299A
at Normangee, Texas. Petitioner stated his intention to file an
application for Channel 299A at Normangee, if allotted.

2\. Normangee is an incorporated community with a 2000 U.S. Census
population of 719 persons. Petitioner states that Normangee has its own
mayor, school district, fire department, City Hall, post office, police
department, and a number of local churches.

3\. A staff engineering analysis indicates that Channel 299A can be
allotted to Normangee consistent with the minimum distance separation
requirements of the Commission's Rules with a site restriction 13.0
kilometers (8.1 miles) southwest of the community at reference
coordinates 30-56-00 NL and 96-11-30 WL.[^1]

4\. The Petitioner's proposal warrants consideration because it could
provide Cuney with its first local FM transmission service. Therefore,
we will solicit comments on the proposed amendment to the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, with respect to
Cuney, Texas:

Channel No.

Community Present Proposed

Normangee, Texas \-\-\-- 299A

5\. 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.

5\. Interested parties may file comments on or before May 22, 2006, and
reply comments on or before June 6, 2006, 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 Petitioner, as follows:

Charles Crawford Gene A. Bechtel

4553 Bordeaux Avenue Law Offices of Gene Bechtel

Dallas, Texas 75202 1050 17^th^ Street, N.W., Suite 600

Washington, D. C. 20036

6\. Parties are required to 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. **All filings must be addressed to the Office of the
Secretary, Federal Communications Commission. Any filing that is not
addressed to the Office of the Secretary will be treated as filed on the
day it is received in the Office of the Secretary. *See* 47 C.F.R. §
1.7. Accordingly, failure to follow the specified requirements may
result in the treatment of a filing as untimely.**

7\. 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.[^2] 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).

8.  For further information concerning this proceeding, contact
    Rolanda F. Smith, (202) 418-2180. 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 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 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 petitioners 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.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division

Media Bureau

Attachment: Appendix

**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* to which this *Appendix* is attached.

2\. Showings Required. 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. 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* 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, 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. 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. The person filing the comments shall serve
comments on the petitioners. Reply comments shall be served on the
person(s) who filed comments to which the reply is directed. A
certificate of service shall accompany such comments and reply comments.
(*See* Section 1.420(a), (b) and (c) of the Commission\'s Rules.)
Comments should be filed with the Secretary, Federal Communications
Commission, Washington, D.C. 20554.

5\. Number of Copies. 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. 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 12th Street, S.W., Washington, D.C.

[^1]: We note that the instant proposal to allot Channel 299A at
    Normangee is short-spaced to the proposed reallotment of Station
    KLTR(FM) to Channel 297C3 at Bedias, Texas. The *Report and Order*
    in MM Docket No. 02-177 dismissed this proposed Bedias reallotment.
    *See Milano, Texas,* 19 FCC Rcd 8474 (MB 2004). However, a Petition
    for Reconsideration is pending in that proceeding. Therefore, the
    proposed Channel 299A at Normangee is contingent on the outcome of
    MM Docket No. 02-177 because the decision in that proceeding is
    effective but not final. *See Auburn et al.,* 18 FCC Rcd 10333 (MB
    2003).

[^2]: *See Certification that Section 603 and 604 of the Regulatory
    Flexibility Act Do Not Apply to Rule Makings to Amend Sections
    73.202(b), 73.504 and 73.606(b) of the Commission\'s Rules*. 46 FR
    11549 (February 9, 1981).