Federal Communications Commission DA 08-2570
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.
(Batesville, Texas)
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MB Docket No. 08-227
RM-11493
NOTICE OF PROPOSED RULEMAKING
Adopted: November 26, 2008 Released: November 28, 2008
Comments Date: January 21, 2009
Reply Comments Date: February 5, 2009
By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it a petition for rule making filed by Katherine Pyeatt 
(Petitioner), proposing the allotment of Channel 250A at Batesville, Texas, as its first local FM 
transmission service.  Petitioner states her intention to file an application for Channel 250A at Batesville, 
if allotted.  In this regard, Petitioner has concurrently filed a FCC Form 301 new station application for 
Channel 250A at Batesville,1 and the necessary filing fee in accordance with the Commission's new 
procedures.2
2. Petitioner states that Batesville is a census designated place (CDP) in Zavala County with a 2000 
U.S. Census population of 1,298 persons.  Batesville has its own zip code (78829), post office, volunteer 
fire department, elementary school, and local church.  Additionally, Petitioner states that the 2004-2005 
Texas Almanac lists Batesville as having twenty businesses, receiving a credit rating by Dun & 
Bradstreet.  Petitioner concludes that Batesville is a community that is certainly deserving of a first FM 
local service.  
3. A staff engineering analysis indicates that Channel 250A can be allotted to Batesville consistent 
with the minimum distance separation requirements of the Commissions Rules (the Rules) with the 
imposition of a site restriction located 11.4 kilometers (7.1 miles) east of the community at reference 
coordinates 28-58-27 NL and 99-30-12 WL.  Consistent with Auburn,3  this allotment is contingent on the 
outcome of MM Docket Nos. 00-1484 and 01-1305 and MB Docket No. 05-112.6 Moreover, the proposed 
  
1 See File No. BNPH-20080812AAI.
2 See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of
License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212 (2006). 
3 See Auburn, Alabama, et al, Memorandum Opinion and Order, 18 FCC Rcd 10333 (MB 2003) (stating that parties 
may rely on actions taken in earlier rule making proceedings that are effective but not yet final ) (Auburn)
4 See Quanah, Texas et al., Memorandum Opinion and Order, 19 FCC Rcd 7159 (MB 2004) (dismissing a 
counterproposal requesting the proposed allotment of Channel 249C1 at Converse, Texas) app. for review pending.
5 See Batesville, Texas, Memorandum Opinion and Order, 23 FCC Rcd 640 (2008) (affirming the dismissal of a 
proposal requesting the allotment of Channel 250A at Batesville, Texas) appeal pending, sub nom Charles Crawford 
v. FCC & USA, No. 08-1059 (D.C. Circuit)
(continued....)
Federal Communications Commission DA 08-2570
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allotment of Channel 250A at Batesville is located 320 kilometers from the Mexican Border.  Therefore, 
Mexican concurrence has been requested.
4. We find that the Petitioners proposal warrants consideration because it could provide the 
community of Batesville with its first local FM transmission service.  Therefore, we will solicit comments 
on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Rules, with respect 
to Batesville, Texas:   
Channel No.
Community Present Proposed
Batesville, Texas ---------- 250A
5. The Commissions 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 January 21, 2009, and reply comments on or 
before February 5, 2009, 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 Petitioner, as follows:
Katherine Pyeatt
2215 Cedar Springs Rd. #1910
Dallas, Texas 75201
Gene A. Bechtel, Esq.
Law Office of Gene Bechtel
1050 17th Street, N.W.
Suite 600                     
Washington, D.C.  20036        
7.     Parties are required to 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 
Commissions contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings 
for the Commissions 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 12th Street, SW, Washington, D.C. 20554.  All filings must be 
addressed to the Commissions Secretary, Office of the Secretary, Federal Communications Commission.  
All filings must be addressed to the Office of the Secretary, Federal Communications Commission. 
  
(...continued from previous page)
6 See Fredericksburg, Texas et al., Memorandum Opinion and Order, 22 FCC Rcd 10883 (MB 2007) (dismissing a 
counterproposal requesting the proposed allotment of Channel 249C1 at Converse, Texas) app. for review pending.
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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.  
8      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 new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.   In addition, 
therefore, it does not contain any new or modified 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. 3506(c)(4).
9.     For further information concerning this proceeding, contact Rolanda F. Smith, (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 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 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 petitioners 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
  
7 See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Makings to 
Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules.  46 FR 11549 (February 9, 1981).
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APPENDIX
 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.  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 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.  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.  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 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.  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.  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.