**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

FM Table of Allotments, )

FM Broadcast Stations. )

)

(Arapaho, Oklahoma) ) MB Docket No. 05-136 ) RM-11163

)

(Big Spring, Texas) ) MB Docket No. 05-137

) RM-11161

)

(Cameron, Louisiana) ) MB Docket No. 05-138

) RM-11162

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: March 21, 2005 Released: March 23, 2005**

**Comment Date: May 10, 2005**

**Reply Date: May 25, 2005**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it a multiple docket *Notice of
Proposed Rule Making* setting forth three separate proposals to amend
the FM Table of Allotments, Section 73.202(b) of the Commission's
Rules.[^1] With respect to each proposal, the petitioner has stated that
he will apply for the 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
rulemaking 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 by avoiding duplicative actions. We request
comments and/or counterproposals to the following proposals:

**A. MB Docket No. 05-136; RM-11163**

**Petitioner:** Charles Crawford

#  4553 Bordeaux Avenue

Dallas, Texas 75205

> **Proposal:** Allot Channel 251C3 at Arapaho, Oklahoma, as the
> community's first local service.

# 

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

Arapaho, Oklahoma \-\-\-\-- 251C3

**Coordinates:** 35-28-00 NL and 98-55-00 WL

**Additional Information:** The proposed allotment of Channel 251C3 at
Arapaho requires a site restriction of 13.1 km (8.1 miles) south of the
community at the coordinates indicated above. Petitioner states that
Arapaho is an incorporated community with a U.S. Census 2000 population
of 748 persons. Petitioner further states that Arapaho has a mayor, city
hall, police department, and a number of local churches.

# **FCC Contact:** Helen McLean (202) 418-2738

**B. MB Docket No. 05-137; RM-11161**

**Petitioner:** Charles Crawford

#  4553 Bordeaux Avenue

Dallas, Texas 75205

**Proposal:** Allot Channel 265C3 at Big Spring, Texas, as the
community's sixth local service.[^2]

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

Big Spring, Texas 232C3, 239C2 232C3, 239C2, 265C3

**Coordinates:** 32-12-00 NL and 101-18-00 WL

**Additional Information:** Channel 265C3 can be allotted to Big Spring
with a site restriction of 17.7 km (11.0 miles) east of the community at
the reference coordinates indicated above. Because this site is within
320 kilometers (200 miles) of the Mexican border, concurrence of the
Mexican government has been requested for the allotment.

# **FCC Contact:** Helen McLean (202) 418-2738 

# **C. MB Docket No. 05-138; RM-11162**

**Petitioner:** Charles Crawford

#  4553 Bordeaux Avenue

Dallas, Texas 75205

**Proposal:** Allot Channel 296C3 at Cameron, Louisiana, as the
community's first local service.

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

Cameron, Louisiana \-\-\-\-- 296C3

**Coordinates:** 29-47-48 NL and 93-19-30 WL

**Additional Information:** Channel 296C3 can be allotted to Cameron at
the center of the city coordinates.[^3] Petitioner states that Cameron
is a Census Designated Place ("CDP") in Cameron Parish, Louisiana with a
U.S. Census 2000 population of 1,965 persons. Additionally, Petitioner
states that the Cameron Police Jury is both a legislative and
administrative body, and that Cameron has a fire department, public
schools, and a number of local churches. Although the designation of an
area as a CDP raises the presumption that an area is a "community" for
allotment purposes, that presumption is rebuttable.[^4] We request that
the Petitioner submit additional information demonstrating that Cameron
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 local
government as well as social, economic, commercial, cultural, public
service, or religious organizations that serve the community.[^5]

# **FCC Contact:** Helen McLean (202) 418-2738

3\. Comments, reply comments, counterproposals and other pleadings filed
in response to this *Notice of Proposed Rule Making* should reference
the 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 Sections 1.415 and 1.419 of the Commission's Rules,[^6]
interested parties may file comments on or before May 10, 2005, and
reply comments on or before May 25, 2005, 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 listed for each docket.

5\. 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 Marlene H. Dortch, Secretary,
Federal Communications Commission, Office of the Secretary. 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.**

6\. 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.[^7] This document does not contain proposed
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does
not contain any proposed 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. Section 3506(c)(4).

7\. For further information concerning these proceedings, contact Helen
McLean, Media Bureau, at (202) 418-2738. For purposes of these
restricted notice and comment rule making proceedings, 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 the 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 this proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

> Assistant Chief
>
> Audio Division

Media Bureau

**APPENDIX**

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. 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* 47 C.F.R. Section 1.420(d).)
>
> \(b\) Petitions for rule making which conflict with the proposals in
> this *Notice* 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 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. 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* 47 C.F.R. Section 1.420(a), (b) and (c).) Comments should be
filed with the Secretary, Federal Communications Commission, Washington,
D.C. 20554.

5\. Number of Copies. 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. 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]: *See* 47 C.F.R. §73.202(b).

[^2]: Commercial FM stations KBTS and KBST-FM, AM Stations KBYG and
    KBST, and noncommercial educational FM station KBCX are licensed to
    Big Spring, Texas.

[^3]: Center city coordinates are preferable to Petitioner's proposed
    coordinates of 29-48-00 NL and 93-21-30 WL which required a site
    restriction.

[^4]: *See Stock Island, Florida*, 8 FCC Rcd 343 (MMB 1993); *East
    Hemet, California, et al.*, 4 FCC Rcd 7895 (MMB 1989); and *Hannahs
    Mill and Milledgeville, Georgia*, 7 FCC Rcd 3944 (MMB 1992).

[^5]: *See Hayfield, VA*, 12 FCC Rcd 16373 (MMB 1997) and *Kenansville,
    Florida*, 5 FCC Rcd 2663 (MMB 1990), *aff'd*, 10 FCC Rcd 9831
    (1995).

[^6]: *See* 47 C.F.R. §§1.415 and 1.419.

[^7]: *See Certification that Section 603 and 604 of the Regulatory
    Flexibility Do Not Apply to Rule Making to Amend Sections 73.202(b),
    73.504 and 73.606(b) of the Commission's Rules*, 46 Fed.Reg. 11549
    (February 9, 1981).