Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | MM Docket No. 01-155         |
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| Amendment of Section 73.202(b),  | ) | RM-10176                     |
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| FM Table of Allotments,          | * | MM Docket No. 01-156         |
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| FM Broadcast Stations.           | * | RM-10177                     |
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| (Goliad, Texas)                  | ) | MM Docket No. 01-157         |
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| (Paducah, Texas)                 | * | RM-10178                     |
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| (Woodson, Texas)                 | * | MM Docket No. 01-158         |
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| (Paulden, Arizona)               | ) | RM-10179                     |
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+----------------------------------+---+------------------------------+

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: July 11, 2001 Released: July 13, 2001**

**Comment Date: September 4, 2001**

**Reply Comment Date: September 18, 2001**

By the Chief, Allocations Branch:

1.  Before the Allocations Branch for consideration is a multiple docket
    *Notice of Proposed Rule Making* setting forth four separate
    proposals to amend the FM Table of Allotments, Section 73.202(b) of
    the Rules to allot new channels in four separate localities. Each
    proposal would provide a first local transmission service at the
    proposed community. Each petitioner, Charles Crawford (Goliad,
    Paducah, and Woodson, Texas), and Paulden Broadcasting (Paulden,
    Arizona), states that it will file an application for construction
    permit at each locality and bid at auction if the channel is
    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* 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 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:

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A.  **MM Docket No. 01-155; RM-10176**

    **Petitioner: Charles Crawford**

    **4553 Bordeaux Ave.**

    **Dallas, TX 75205**

**Proposal:** Allot Channel 282A at Goliad, Texas, as the community's
second FM service.

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

Goliad, Texas \-\-- 282A

Coordinates: 28-42-35NL and 97-23-02 WL

> **Additional Information:** Channel 282A can be allotted at Goliad
> with a site restriction of 4.6 kilometers (2.9 miles) north of the
> community. Since this proposal is within 320 kilometers (199 miles) of
> the U.S.-Mexico border, concurrence of the Mexican government to the
> proposed allotment will be required.

**FCC Contact:** Victoria M. McCauley, Mass Media Bureau (202) 418-2180.

B.  **MM Docket No. 01-156; RM-10177**

    **Petitioner: Charles Crawford**

    **4553 Bordeaux Ave.**

    **Dallas, TX 75205**

**Proposal:** Allot Channel 296C3 at Paducah, Texas, as the community's
first local aural transmission service.

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

Paducah, Texas \-\-- 296C3

Coordinates: 34-00-59 NL and 100-18-35 WL

**Additional Information:** Channel 296C3 can be allotted at Paducah
with a site restriction of 0.4 kilometers (0.3 miles) northwest of the
community.

**FCC Contact:** Victoria M. McCauley, Mass Media Bureau (202) 418-2180.

C.  **MM Docket No. 01-157; RM-10178**

    **Petitioner: Charles Crawford**

    **4553 Bordeaux Ave.**

    **Dallas, TX 75205**

**Proposal:** Allot Channel 298A at Woodson, Texas, as the community's
first local aural transmission service.

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

Woodson, Texas \-\-- 298A

Coordinates: 33-00-32 NL and 99-04-23 WL.

**Additional Information:** Channel 298A can be allotted at Woodson with
a site restriction of 1.9 kilometers (1.2 miles) southwest of the
community.

**FCC Contact:** Victoria M. McCauley, Mass Media Bureau (202) 418-2180.

D.  **MM Docket No. 01-158; RM-10179**

    **Petitioner: Paulden Broadcasting**

    **C/o A. Wray Fitch, III**

    **Gammon & Grange**

    **8280 Greensboro Drive, 7^th^ Floor**

    **McLean, VA 22102-3807**

**Proposal:** Allot Channel 263C3 at Paulden, Arizona as the community's
first local aural transmission service.

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

Paulden, Arizona \-\-- 263C3

Coordinates: 34-53-00 NL and 112-28-00 WL.

> **Additional Information:** Channel 263C3 can be allotted at Paulden
> without a site restriction. Since this proposal is within 320
> kilometers (199 miles) of the U.S.-Mexico border, concurrence of the
> Mexican government to the proposed allotment will be required.
>
> **FCC Contact:** Victoria M. McCauley, Mass Media Bureau (202)
> 418-2180.

3.  Comments, reply comments, counterproposals and other pleadings filed
    in response to this multiple docket *Notice of Proposed Rule Making*
    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 September 4, 2001,
    and reply comments on or before September 18, 2001, 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* *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).

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.

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* 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* 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]{.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. (*See* 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, 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 Information Reference
Center (Room CY-A257) at its headquarters, 445 12^th^ Street, S.W.,
Washington D.C. 20554.