**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 03-64          |
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| Amendment of Section 73.202(b)   | ** | RM-10672                     |
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| Table of Allotments,             | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| (Lamont and McFarland,           | *  |                              |
| California)                      | *) |                              |
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**NOTICE OF PROPOSED RULEMAKING**

**Adopted: March 12, 2003 Released: March 14, 2003**

**Comment Date: May 5, 2003**

**Reply Comment Date: May 20, 2003**

By the Assistant Chief, Audio Division:

1\. The Audio Division has before it for consideration a Petition for
Rule Making filed by Dana J. Puopolo ("Petitioner"), proposing the
allotment of Channel 247A to Lamont, California, as that community's
first local service. In order to accommodate this allotment, the
Petitioner also proposes the substitution of Channel 282A for vacant
Channel 247A at McFarland, California. Petitioner has stated its
intention to apply for Channel 247A at Lamont, if allotted.

2\. In support of the proposal, Petitioner states that Lamont is a
Census Designated Place located in Southern California. Lamont is an
incorporated community with a 2000 U.S. Census population of

13, 296 persons located in Kern County. Lamont has it own police
department, district court, post office, zip code and telephone
exchange. It has it own newspaper called *Lamont Reporter*. Lamont also
has it own chamber of commerce, school district, child development
center, churches, restaurants, and motel.

3\. The proposal warrants consideration since the substitution at
McFarland would not deprive the community of a second local service and
would provide a first local service to the community of Lamont. A staff
engineering analysis indicates that Channel 247A can be allotted to
Lamont, California, consistent with the minimum distance separation
requirements of the Commission's Rules, provided there is a site
restriction of 6.5 kilometers (4.1 miles) southeast of the
community.[^1] Furthermore, Channel 282A can be allotted to McFarland,
California by using the same reference coordinates as vacant Channel
247A, in conformity with the Commission's Rules, provided there is a
site restriction of 10.3 kilometers (6.4 miles) west of the
community.[^2]

3\. Accordingly, we seek comment on the proposed amendments of the FM
Table of Allotments, Section 73.202(b) of the Commission's Rules, as
follows:

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

Lamont, California \-\-\-\-\-\-\-- 247A

McFarland, California 247A, 275B1 275B1, 282A

4\. 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.

5\. Pursuant to Sections 1.415 and 1.419 of the Commission's Rules,
interested parties may file comments on or before **May 5, 2003**, and
reply comments on or before **May 20, 2003**, 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 follows:

Dana J. Puopolo

2134 Oak Street, Unit C

Santa Monica, CA 90405

6\. 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, Vistronix, 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.

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.[^3]

8\. For further information concerning a proceeding listed above,
contact Rolanda F. Smith, Media Bureau (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 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

Assistant Chief, Audio Division

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

[^1]: The reference coordinates for Channel 247A at Lamont are 35-12-23
    North Latitude and 118-52-57 West Longitude.

[^2]: The reference coordinates for Channel 282A at McFarland are
    35-40-16 North Latitude and 119-20-30 West Longitude.

[^3]: *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).