**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.606(b), ) MM Docket No. 01-82

Table of Allotments, ) RM-10068

Television Broadcast Stations. )

(Bend, Oregon) )

)

)

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

**Adopted: April 6, 2001 Released: April 9, 2001**

Comment Date: May 31, 2001

Reply Comment Date: June 15, 2001

By the Chief, Video Services Division:

1\. The Commission has before it an amended petition for rule making[^1]
filed by 3-J Broadcasting Company (\"3-J\"), requesting the allotment of
channel 51 to Bend, Oregon, as the community\'s second local commercial
television service.[^2] 3-J states it intention to apply for channel 51
at Bend, if allotted.

2\. In support of its proposal, 3-J states that channel 51 would provide
the community of Bend with its second local commercial channel. 3-J
asserts that channel 51 may be allotted to Bend, in lieu of channel 38,
fully protecting all digital allotments and low power stations that
filed Statements of Eligibility.

3\. We believe 3-J\'s proposal warrants consideration since the
allotment of channel 51 to Bend would provide the community with its
second local commercial TV service. A staff engineering analysis
indicates that channel 51 can be allotted to Bend with a zero offset
consistent with the criteria set forth in the Commission\'s *Public
Notice* for evaluating requests to add a new NTSC channel.[^3] The
coordinates for channel 51 at Bend are North Latitude 44-03-30 and West
Longitude 121-18-30. Pursuant to the Commission\'s policy as noted in
its *Public Notice,* we will not accept competing expressions of
interest in the use of television channel 51 at Bend.[^4]

4 Accordingly, we seek comments on the proposed amendment of the TV
Table of Allotments, Section 73.606(b) of the Commission\'s Rules, for
the community listed below, to read as follows:

[Channel No.]{.underline}

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

Bend, Oregon \*3+, \*15, \*3+, \*15,

21+ 21+, 51

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.

6\. Interested parties may file comments on or before May 31, 2001, and
reply comments on or before June 15, 2001, and are advised to read the
Appendix for the proper procedures. Comments should be filed with the
Secretary, Federal Communications Commission, Washington, D.C. 20554.
Additionally, a copy of such comments should be served on the
petitioner, or its counsel or consultant, as follows:

Gene A. Bechtel

Bechtel & Cole

Suite 250

1901 L Street, NW

Washington, DC 20036

(Counsel for 3-J Broadcasting Company)

7\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the TV Table of Allotments, Section 73.606(b).
[See]{.underline} [Certification That Sections 603 and 604 of the
Regulatory]{.underline} [Flexibility Act Do Not Apply to Rule Making to
Amend Sections 73.202(b), 73.504]{.underline} [and 73.606(b) of the
Commission\'s Rules]{.underline}, 46 FR 11549, February 9, 1981. The
Regulatory Flexibility Act of 1980 would also not apply to rule making
proceedings to amend the DTV Table of Allotments, Section 73.622(b) of
the Commission\'s Rules.

8\. For further information concerning this proceeding, contact Pam
Blumenthal, Mass Media Bureau, (202) 418-1600. For purposes of this
restricted notice and comment rule making proceeding, members of the
public are advised that no [ex 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 is no
longer subject to reconsideration by the Commission or review by any
court. An [ex 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 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 petitioner constitutes an [ex
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 parte]{.underline} presentation and shall not be considered in the
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Services 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 DTV Table of Allotments, Section 73.622(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
Secretary, Federal Communications Commission, 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 Center
(Room CY-A257) at its headquarters, 445 12th Street, S.W., Washington,
D.C.

[^1]: 3-J \`originally filed on June 27, 1994, a petition for rule
    making requesting the allotment of channel 38 to Bend, Oregon and a
    request for a waiver of the Freeze Order that was issued in
    connection with the Commission\'s rule making concerning advanced
    television technologies. Subsequently, 3-J amended its petition for
    rule making to invoke the provisions outlined in the Commission\'s
    Public Notice (*Public Notice)* released on November 22, 1999, DA
    99-2605. In that *Public Notice* the Commission announced a window
    filing opportunity to allow persons with certain pending requests
    for new analog (NTSC) television stations to modify their requests
    to eliminate technical conflicts with digital television (DTV)
    stations and to move from channels 60 through 69. 3-J states that
    its original proposal would not protect the digital operation of
    KDRV in Medford, Oregon, nor would it protect two low power
    stations, K23CU and KFXO-LP. Thus, 3-J amended it original proposal
    to specify channel 51 in lieu of channel 38.

[^2]: On July 17, 2000, Sonoma Media Corporation filed a petition for
    rule making requesting the substitution of channel 51 for channel 38
    at Bend, Oregon. Sonoma states that it is the sole applicant for
    channel 38 at Bend. We find Sonoma\'s petition for rule making
    unacceptable for consideration. Sonoma\'s claim of being the sole
    applicant for channel 38 is inaccurate since there is no channel 38
    allotment at Bend, Oregon, and thus no opportunity for any party to
    file an application. Since Sonoma has no legitimate pending request
    before the Commission, Sonoma is not eligibility to file a petition
    for rule making to allot channel 51 at Bend since it does conform
    with any of categories defined in the Commission\'s *Public Notice.*

[^3]: The Commission stated in its *Public Notice* that amendments to
    existing petitions to add a new NTSC channel allotment must meet the
    minimum distance separations to DTV stations as provided in Section
    73.623(d).

[^4]: New and amended rulemakings petitions submitted during the noted
    window filing opportunity will be subject to the Commission\'s
    normal notice and comment procedures. However, the Commission
    indicated in the *Sixth Further Notice of Proposed Rule Making*, 11
    FCC Rcd 10968 (1996), that new proposals for additional NTSC channel
    allotments will not be accepted. Furthermore, new parties may not
    counterproposal a new NTSC allotment in the same or nearby
    communities. The opportunity for filing counterproposals is limited
    to those parties with existing petitions and applications that are
    the subject of the announced filling window indicated in the
    Commission\'s *Public Notice*.