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 Federal Communications Commission DA 05- 1311
 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. (Tenino, Washington)

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 MB Docket No. 05- 185 RM- 11236

 NOTICE OF PROPOSED RULE MAKING
 Adopted: May 4, 2005 Released: May 6, 2005
 Comment Date: June 27, 2005 Reply Comment Date: July 12, 2005

 By the Assistant Chief, Audio Division, Media Bureau:
 1. The Audio Division has before it a Petition for Rule Making filed by Dr. Sandra L. Woodruff ( Petitioner), proposing the allotment of Channel 229C3 to Tenino, Washington, as its first local
 aural transmission service. Petitioner states that she will file an application for Channel 229C3 at Tenino, if allotted. 1

 2. Petitioner states that Tenino, Washington is an incorporated city with a 2000 U. S. Census population of 1,447 persons. Tenino is governed by a five member city council under an elected mayor
 according to Petitioner. Additionally, Tenino has its own post office and zip code of 98589. Petitioner also states that Tenino has an active business community, a number of local churches, the Tenino School District
 402, and is served by the Tenino/ Bucoda Police Department and the Tenino Fire Department.
 3. The proposal to allot Channel 229C3 at Tenino warrants consideration because it would provide first local service to the community. 2 A staff engineering analysis indicates that Channel 229C3 can
 be allotted to Tenino consistent with the minimum distance separation requirements of the Commissions rules at reference coordinates located at 46- 51- 22 North Latitude and 122- 52- 30 West Longitude with a site
 restriction of 1.9 kilometers (1.1 miles) west of the community. Because the reference coordinates for Channel 229C3 at Tenino, Washington are located within 320 kilometers (200 miles) of the U. S.- Canadian
 border, Canadian concurrence has been requested.

 1 We note that subsequent to the December 14, 2004, filing of the instant proposal, an Auction 37 application for a
 new construction permit on Channel 228A at Ocean Shores, Washington (File No. BNPH- 20041228AAT) was filed on December 28, 2004, and granted on March 25, 2005 pursuant to 47 C. F. R.  73.215.

 2 The proposed Tenino allotment is short spaced to Channel 229C, Station KPDQ- FM at Portland, Oregon. Channel
 230C2 was substituted for Channel 299C, and KPDQ- FMs license was modified to reflect the channel change, pursuant to a Report and Order issued in MB Docket 02- 136. See Arlington, et al., 19 FCC Rcd 12803 (MB 2004).

 Although that Report and Order has become effective, the decision in that docket is not yet final because an Application for Review and a Petition for Reconsideration remain pending. We caution parties that if we grant the
 instant proposal to allot Channel 229C3 at Tenino, Washington, the grant will be subject to the final outcome of MB Docket No. 02- 136. See Auburn, Alabama, et al., 18 FCC Rcd 10333 (MB 2003).
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 4. Accordingly, we seek comment on the proposed amendment of the FM Table of Allotments, Section 73.202( b), 3 as follows:
 Community Present Proposed
 Tenino, Washington --- 229C3
 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 in paragraph 2 of the Appendix before a channel will be allotted.

 6. Pursuant to Sections 1.415 and 1.419, 4 interested parties may file comments on or before June 27, 2005, and reply comments on or before July 12, 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 Petitioner, as follows:
 Dr. Sandra L. Woodruff 2708 Hampton Ct. SE
 Olympia, WA 98501
 7. Parties 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 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 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. Section 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). 5 This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, 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,

 3 47 C. F. R.  73.202( b).
 4 47 C. F. R.  1.415 and 1. 419.
 5 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 Commissions Rules, 46 FR 11549 (Feb. 9, 1981).
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 pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107- 198, see Section 3506( c)( 4). 6
 9. For further information concerning a proceeding listed above, contact Helen McLean, Media Bureau (202) 418- 2738. 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

 6 44 U. S. C.  3506( c)( 4).
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 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.
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