> **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. )

(Plainville, Georgia) ) MM Docket No. 01-102

) RM-10100 )

(Rosholt, Wisconsin) ) MM Docket No. 01-103 ) RM-10102 )

(Auburn, Alabama) ) MM Docket No. 01-104

) RM-10103

)

(Shiner, Texas) ) MM Docket No. 01-105 ) RM-10104

)

(Pacific City, Oregon) ) MM Docket No. 01-106

) RM-10105

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

**Adopted: April 18, 2001 ;** **Released: April 27, 2001**

**Comment Date: June 18, 2001**

**Reply Comment Date: July 3, 2001**

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. 01-102; RM-10100]{.underline}**

**Petitioner:** Plainville Communications

Jerry D. Braswell

Plainville Communications

P.O. Drawer 90

Hawkinsville, Georgia 31036-0090

**Proposal:** Allot Channel 285A at Plainville, Georgia, as the
community's first local aural transmission service.[^1]

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

Plainville, Georgia \-\-- 285A

**Coordinates:** 34-25-58 NL and 85-05-48 WL

**Additional Information:** This allotment requirements a site
restriction of 6.5 kilometers (4.0 miles) northwest to avoid a
short-spacing to the licensed site of Station WFSH-FM, Channel 284C1,
Athens, Georgia.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**B. [MM Docket No. 01-103; RM-10102]{.underline}**

**Petitioner:** Craig Norlin

## 

##  c/o Harry F. Cole, Esq. 

##  Bechtel & Coe, Chartered

1901 L Street, N.W., Suite 250

##  Washington, D.C. 20036 

**Proposal:** Allot Channel 263A at Rosholt, Wisconsin, as the
community's first local aural transmission service.[^2]

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

Rosholt, Wisconsin \-\-- 263A

**Coordinates:** 44-40-12 NL and 89-23-45 WL

**Additional Information:** This allotment requires a site restriction
of 8.6 kilometers (5.3 miles) northwest to avoid a short-spacing to the
licensed site of Station WIZD(FM), Channel 260C3, Rudolph, Wisconsin,
and Station WNCY-FM, Channel 262C2, Neenah-Menasha, Wisconsin.

**Contact:** Sharon P. McDonald (202) 418-2180

**C. [MM Docket No. 01-104; RM-10103]{.underline}**

**Petitioner:** Auburn Network, Inc.

c/o Lee G. Petro, Esq.

Gardner, Carton & Douglas

1301 K Street, N.W.

Suite 900, East Tower

Washington, D.C. 20005-3317

**Proposal:** Allot Channel 263A at Auburn, Alabama, as the community's
second local FM transmission service.

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

Auburn, Alabama 249A 249A, 263A

**Coordinates:** 32-34-54 NL and 85-29-17 WL

**Additional Information:** This allotment requires a site restriction
of 3.2 kilometers (2.0 miles) south to avoid a short-spacing to the
application site for Station WLXY(FM), Channel 263C1, Northport,
Alabama.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**D. [MM Docket No. 01-105; RM-10104]{.underline}**

**Petitioner:** Stargazer Broadcasting, Inc.

David P. Garland, President

Stargazer Broadcasting, Inc.

P.O. Box 519

Woodville, Texas 75979

**Proposal:** Allot Channel 232A at Shiner, Texas, as the community's
first local aural transmission service.[^3]

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

Shiner, Texas \-- 232A

**Coordinates:** 29-25-59 NL and 97-13-20 WL

**Additional Information:** This allotment requires a site restriction
of 5.1 kilometers (3.2 miles) west to avoid a short-spacing to the
licensed site of Station KAJI(FM), Channel 231C3, Point Comfort, Texas.
Since Shiner is located within 320 kilometers (199 miles) of the
U.S.-Mexican border, concurrence of the Mexican government has been
requested.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**E. [MM Docket No. 01-106; RM-10105]{.underline}**

**Petitioner:** John L. Zolkoske

915 N. Douglas Ave.

Stayton, Oregon 97383

**Proposal:** Allot Channel 282A at Pacific City, Oregon, as the
community's first local aural transmission service.[^4]

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

Pacific City, Oregon \-\-\-- 282A

**Coordinates:** 45-12-09 NL and 123-57-42 WL

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

**FCC Contact:** Sharon P. McDonald (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 **June 18, 2001**,
and reply comments on or before **July 3**, **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]{.underline} [Certification that Section 603
and 604 of the Regulatory]{.underline}

[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

[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, 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]: In support of its proposal, petitioner states that Plainville is
    an incorporated community with a 1990 U.S. Census population of 231
    persons. It is located in Gordon County, with a 1998 estimated
    population of 41,052 persons. Plainville has its own zip code and
    post office (30733), and provides certain municipal services to its
    residents. There are several dozen retail, wholesale, manufacturing,
    municipal and agricultural establishments.

[^2]: In support of its proposal, petitioner states that Rosholt has a
    population of 500 and is located in central Wisconsin. Rosholt has
    numerous businesses that identify themselvess as Rosholt
    establishments, e.g., Rosholt IGA, Rosholt Farm & Auto, Rosholt
    Hardware, Rosholt Laundromat, Rosholt Family Practice, Rosholt
    Stained Glass Co., and State Bank of Rosholt. Rosolt also has
    recreational facilities, two private grade schools, one public K-12
    school, a Rosholt Clinic, and a modern medical arts clinic.

[^3]: In support of its proposal, petitioner states that Shiner is
    located in Lavaca County and has a 1998 population of 2,232 persons.
    Shiner has a police department, a public library, parks, schools,
    churches, financial and commercial businesses.

[^4]: In support of his proposal, petitioner states that Pacific City is
    located in Tillamook County and is listed in the [2001 Rand McNally
    Commercial Atlas]{.underline} with a population of 800. Pacific City
    has a fire service, an airport, numerous retail establishments,
    restaurants, hotels, offices, and a Chamber of Commerce. Pacific
    City also has its own post office and zip code (97135).