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 Federal  Communications  Commission  DA  01-  2236 
 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.  ) 
 ) 
 (Atoka,  Oklahoma)  )  MM  Docket  No.  01-  254 
 )  RM-  10264 
 ) 
 (Wright  City,  Oklahoma)  )  MM  Docket  No.  01-  255 
 )  RM-  10265 
 ) 
 (Benavides,  Texas)  )  MM  Docket  No.  01-  256 
 )  RM-  10266 
 ) 
 (Bad  Axe,  Michigan)  )  MM  Docket  No.  01-  257 
 )  RM-  10267 
 ) 
 (Bearden,  Arkansas)  )  MM  Docket  No.  01-  258 
 )  RM-  10268 
 ) 
 (Grandin,  Missouri)  )  MM  Docket  No.  01-  259 
 )  RM-  10269 
 ) 
 (Pawhuska,  Oklahoma)  )  MM  Docket  No.  01-  260 
 )  RM-  10270 
 ) 
 (Early,  Texas)  )  MM  Docket  No.  01-  261 
 )  RM-  10271 

 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  September  19,  2001  Released:  September  28,  2001 
 Comment  Date:  November  19,  2001 
 Reply  Date:  December  4,  2001 

 By  the  Chief,  Allocations  Branch 
 1.  Before  the  Allocations  Branch  for  consideration  is  a  multiple  docket  Notice  of  Proposed 
 Rule  Making  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 
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 technical  requirements  and  would  serve  the  public  interest. 
 2.  This  is  a  mult  iple  docket  Not  ice  of  Proposed  Rule  making  issued  in  response  t  o  a 
 Commission  Public  Notice  released  October  2,  1998  (DA  98-  1987).  We  are  combining  separate  FM 
 allotment  proposals  into  a  single  Notice  of  Proposed  Rule  Making.  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  Not  ice,  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: 

 (1)  MM  Docket  No.  01-  254;  RM-  10264 
 Petitioner:  Maurice  Salsa 
 5615  Evergreen  Valley  Drive 
 Kingwood,  TX  77345 

 Proposal:  Allot  Channel  290A  to  Atoka,  Oklahoma,  as  that  communitys  second  local  FM 
 transmission  service. 

 Community  Present  Proposed 
 Atoka,  Oklahoma  271A  271A,  290A 
 Coordinates:  34-  22-  25  NL;  96-  06-  57  WL 
 Additional  Information:  The  allotment  proposal  requires  a  site  restriction  1.8  km  southeast  of  the 
 communit  y. 

 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 (2)  MM  Docket  No.  01-  255;  RM-  10265 
 Petitioner:  Maurice  Salsa 
 5615  Evergreen  Valley  Drive 
 Kingwood,  TX  77345 

 Proposal:  Allot  Channel  226A  to  Wright  City,  Oklahoma,  as  that  communitys  first  local  aural 
 transmission  service. 

 Community  Present  Proposed 
 Wright  City,  Oklahoma  --  226A 
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 Coordinates:  34-  05-  58  NL;  94-  58-  34  WL 
 Additional  Information:  The  allotment  proposal  requires  a  site  restriction  5.0  kilometers  northeast  of 
 the  community. 

 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 (3)  MM  Docket  No.  01-  256;  RM-  10266 
 Petitioner:  Jeraldine  Anderson 
 1702  Cypress  Drive 
 Irving,  Texas  75061 

 Proposal:  Allot  Channel  282A  to  Benavides,  Texas,  as  that  communitys  second  local  FM 
 transmission  service. 

 Community  Present  Proposed 
 Benavides,  Texas  299C2  282A,  299C2 
 Coordinates:  27-  32-  59  NL;  98-  25-  11  WL 
 Additional  Information:  The  allotment  proposal  requires  a  site  restriction  5.3  kilometers  south  of  the 
 community.  Additionally,  as  Benavides  is  located  within  320  kilometers  of  the  U.  S.-  Mexico  border, 
 concurrence  to  this  proposal  by  the  Mexican  government  is  required. 

 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 (4)  MM  Docket  No.  01-  257;  RM-  10267 
 Petitioner:  Charles  Crawford 
 4553  Bordeaux  Ave. 
 Dallas,  Texas  75205 

 Proposal:  Allot  Channel  231A  to  Bad  Axe,  Michigan,  as  that  communitys  second  local  FM 
 transmission  service. 

 Community  Present  Proposed 
 Bad  Axe,  Michigan  271C2  231A,  271C2 
 Coordinates:  43-  48-  12  NL;  83-  00-  00  WL 
 Additional  Information:  The  allotment  proposal  does  not  require  a  site  restriction.  However,  as  Bad 
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 Axe  is  located  within  320  kilometers  of  the  U.  S.-  Canada  border,  concurrence  to  this  proposal  by  the 
 Canadian  government  is  required. 

 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 (5)  MM  Docket  No.  01-  258;  RM-  10268 
 Petitioner:  Charles  Crawford 
 4553  Bordeaux  Ave. 
 Dallas,  Texas  75205 

 Proposal:  Allot  Channel  224A  to  Bearden,  Arkansas,  as  that  communitys  first  local  aural 
 transmission  service. 

 Community  Present  Proposed 
 Bearden,  Arkansas  --  224A 
 Coordinates:  33-  43-  24  NL;  92-  36-  54  WL 
 Additional  Information:  The  allotment  proposal  does  not  require  a  site  restriction. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 (6)  MM  Docket  No.  01-  259;  RM-  10269 
 Petitioner:  Charles  Crawford 
 4553  Bordeaux  Ave. 
 Dallas,  Texas  75205 

 Proposal:  Allot  Channel  283A  to  Grandin,  Missouri,  as  that  communitys  first  local  aural 
 transmission  service. 

 Community  Present  Proposed 
 Grandin,  Missouri  --  283A 
 Coordinates:  36-  49-  45  NL;  90-  49-  22  WL 
 Additional  Information:  The  allotment  proposal  does  not  require  a  site  restriction. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
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 (7)  MM  Docket  No.  01-  260;  RM-  10270 
 Petitioner:  Maurice  Salsa 
 5615  Evergreen  Valley  Drive 
 Kingwood,  TX  77345 

 Proposal:  Allot  Channel  233A  to  Pawhuska,  Oklahoma,  as  that  communitys  second  local  FM 
 transmission  service. 

 Community  Present  Proposed 
 Pawhuska,  Oklahoma  280A  233A,  280A 
 Coordinates:  36-  46-  16  NL;  96-  21-  39  WL 
 Additional  Information:  The  allotment  proposal  requires  a  site  restriction  11.  7  kilometers  north  of 
 the  community. 

 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 (8)  MM  Docket  No.  01-  261;  RM-  10271 
 Petitioner:  Jeraldine  Anderson 
 1702  Cypress  Drive 
 Irving,  Texas  75061 

 Proposal:  Allot  Channel  294A  to  Early,  Texas,  as  that  communitys  first  local  aural  transmission 
 service. 

 Community  Present  Proposed 
 Early,  Texas  --  294A 
 Coordinates:  31-  44-  31  NL;  98-  56-  43  WL 
 Additional  Information:  The  allotment  proposal  does  not  require  a  site  restriction 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 3.  Comment  s,  reply  comment  s,  count  erproposals  and  ot  her  pleadings  filed  in  response  to  this 
 multiple  docket  Notice  of  Proposed  Rule  Making  should  reference  only  the  specific  docket  to  which 
 t  he  filing  pert  ains.  The  Commission's  aut  horit  y  to  inst  it  ut  e  rule  making  proceedings,  showings 
 required,  cut-  off  procedures,  and  filing  requirements  are  contained  in  the  attached  Appendix  and  are 
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 incorporated  by  reference  herein.  In  particular,  we  note  that  a  showing  of 
 cont  inuing  int  erest  is  required  in  paragraph  2  of  the  Appendix  before  a  channel  will  be  allot  t  ed. 
 4.  Interested  parties  may  file  comments  on  or  before  November  19,  2001,  and  reply  comments 
 on  or  before  December  4,  2001,  and  are  advised  to  read  the  Appendix  for  the  proper  procedure. 
 Addit  ionally,  a  copy  of  any  filing  should  be  served  on  the  pet  it  ioner  list  ed  for  the  part  icular  docket  . 

 5.  The  Commission  has  det  ermined  that  the  relevant  provisions  of  the  Regulat  ory  Flexibilit  y 
 Act  of  1980  do  not  apply  to  rule  making  proceedings  to  amend  the  FM  Table  of  Allotments,  Section 
 73.202(  b)  of  the  Commission's  Rules.  See  Certification  that  Sections  603  and  604  of  the  Regulatory 
 Flexibilit  y  Act  Do  Not  Apply  to  Rule  Making  to  Amend  Sect  ions  73.  202(  b)  and  73.606(  b)  of  the 
 Commission's  Rules,  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  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  other  parties  to  the  proceeding 
 unless  t  he  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  this 
 proceeding. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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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  Procedures.  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  proposal(  s)  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.  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  Secretary,  Federal  Communications  Commission,  Washington,  445  Twelfth  Street, 
 SW.;  TW-  A325,  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  (Room  CY-  A257)  at 
 its  headquarters,  445  Twelfth  Street,  SW.,  Washington,  D.  C. 
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