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 Federal  Communications  Commission  DA  04-  2267 
 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.  )  (Harrisonburg,  Louisiana)  )  MB  Docket  No.  04-  266 
 )  RM-  11005  ) 
 (Mecca,  California)  )  MB  Docket  No.  04-  267  )  RM-  11008 
 )  (Taos,  New  Mexico)  )  MB  Docket  No.  04-  268 
 )  RM-  11009  ) 
 (San  Joaquin,  California)  )  MB  Docket  No.  04-  269  )  RM-  11010 
 )  (Rosepine,  Louisiana)  )  MB  Docket  No.  04-  270 
 )  RM-  11012  ) 
 (Waynoka,  Oklahoma)  )  MB  Docket  No.  04-  271  )  RM-  11013 
 )  (Wasco,  California)  )  MB  Docket  No.  04-  272 
 )  RM-  11014  ) 
 (Richland  Springs,  Texas)  )  MB  Docket  No.  04-  273  )  RM-  11015 
 )  (Port  Isabel,  Texas)  )  MB  Docket  No.  04-  274 
 )  RM-  11016  ) 
 (Coalinga,  California)  )  MB  Docket  No.  04-  275  )  RM-  11017 
 )  (Randsburg,  California)  )  MB  Docket  No.  04-  276 
 )  RM-  11033  ) 
 (Ringwood,  Oklahoma)  )  MB  Docket  No.  04-  277  )  RM-  11034 
 )  (Taos  Pueblo,  New  Mexico)  )  MB  Docket  No.  04-  278 
 )  RM-  11035 
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 )  (Mooreland,  Oklahoma)  )  MB  Docket  No.  04-  279 
 )  RM-  11036  ) 
 (Coupeville,  Washington)  )  MB  Docket  No.  04-  280  )  RM-  11037 


 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  July  21,  2004  Released:  July  26,  2004 
 Comment  Date:  September  16,  2004  Reply  Comment  Date:  October  1,  2004 


 By  the  Assistant  Chief,  Audio  Division: 
 1.  Before  the  Audio  Division  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  Commission 
 rules.  1  The  petitioner  for  each  proposal  has  stated  that  it  will  apply  for  each  requested  channel,  if  allotted.  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  issued  in  response  to  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 
 Notice,  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.  MB  Docket  No.  04-  266;  RM-  11005 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  232A  at  Harrisonburg,  Louisiana,  as  the  communitys  first  local  aural  transmission  service.  2 


 1  47  C.  F.  R.    73.202(  b). 
 2  In  support  of  its  proposal,  petitioner  states  that  Harrisonburg  is  an  incorporated  city  with  a  2000  U.  S.  Census 
 population  of  746  persons.  Harrisonburg  has  its  own  mayor,  police  department,  post  office,  elementary  school,  volunteer  fire  department,  and  a  number  of  churches.  Petitioner  further  states  that  the  allotment  would  provide 


 additional  diversity  for  Harrisonburg,  and  an  outlet  for  local  self-  expression  to  its  residents. 
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 Community  Present  Proposed 
 Harrisonburg,  Louisiana  ----  232A 
 Coordinates:  31-  48-  18  NL  and  91-  47-  26  WL  3 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  4.9  kilometers  (3.0  miles)  northeast  to  avoid  short-  spacings  to  the  licensed  sites  of  Station  WEMX(  FM),  Channel  231C1,  Kentwood,  Louisiana,  and 
 Station  KSMB(  FM),  Channel  233C,  Lafayette,  Louisiana.  To  accommodate  the  allotment,  petitioner  requested  that  Station  KSMB(  FM)  at  Lafayette,  Louisiana,  be  reclassified  from  Channel  233C  to  Channel 
 233C0.  However,  our  engineering  analysis  has  determined  that,  at  the  site  used  for  this  allotment,  the  reclassification  of  Station  KSMB(  FM)  at  Lafayette  is  not  necessary,  and  an  Order  to  Show  Cause  will  not  be 
 issued. 
 Contact:  Sharon  P.  McDonald  (202)  418-  2180 


 B.  MB  Docket  No.  04-  267;  RM-  11008 
 Petitioner:  Dana  J.  Puopolo  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  274A  at  Mecca,  California,  as  the  communitys  second  local  FM  transmission  service. 


 Community  Present  Proposed 
 Mecca,  California  249A  249A,  274A 
 Coordinates:  33-  34-  18  NL  and  116-  04-  35  WL 
 Additional  Information:  This  allotment  is  located  at  city  reference  coordinates  and  does  not  require  a  site  restriction.  Since  Mecca,  is  located  within  320  kilometers  (199  miles)  of  the  U.  S.-  Mexican  border, 
 concurrence  of  the  Mexican  government  has  been  requested. 
 Contact:  Sharon  P.  McDonald  (202)  418-  2180 


 3  We  note  that  these  coordinates  are  short-  spaced  to  Station  KTRY-  FM,  Channel  232A,  Bastrop,  Louisiana. 
 However,  Channel  230A  was  substituted  for  Channel  232A  at  Bastrop,  Louisiana,  pursuant  to  a  Report  and  Order  in  MM  Docket  99-  141.  See  16  FCC  Rcd  7220  (2001). 
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 C.  MB  Docket  No.  04-  268;  RM-  11009 
 Petitioner:  Dana  J.  Puopolo  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  288A  at  Taos,  New  Mexico,  as  the  communitys  fifth  local  FM  transmission  service. 


 Community  Present  Proposed 
 Taos,  New  Mexico  228A,  240A  256C,  270C1  228A,  240A,  256C,  270C1,  288A 
 Coordinates:  36-  26-  55  WL  and  105-  39-  00  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  8.3  kilometers  (5.2  miles)  northwest  to  avoid  a  short-  spacing  to  the  proposed  allotment  site  for  Channel  287C  at  Des  Moine,  New  Mexico. 


 FCC  Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 D.  MB  Docket  No.  04-  269;  RM-  11010 
 Petitioner:  Linda  A.  Davidson  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  299A  at  San  Joaquin,  California,  as  the  communitys  second  local  FM  transmission  service. 


 Community  Present  Proposed 
 San  Joaquin,  California  288B1  4  288B1,  299A 
 Coordinates:  36-  36-  00  NL  and  120-  12-  36  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  2.1  kilometers  (1.2  miles)  west  to  avoid  a  short-  spacing  to  the  licensed  site  for  Station  KZOL(  FM),  Channel  300B1,  North  Fork,  California. 


 4  Action  in  this  Notice  of  Proposed  Rule  Making  corrects  the  FM  Table  of  Allotments  to  show  the  allotment  of 
 Channel  288B1  in  lieu  of  Channel  288A  at  San  Joaquin,  California.  An  application  (File  No.  BLH-  20011002AAM)  for  a  one-  step  upgrade  was  granted  on  December  17,  2001.  This  action  constitutes  an  editorial  change  in  the  FM 


 Table  of  Allotments.  Therefore,  we  find  for  good  cause  that  a  public  notice  and  comment  proceeding  is  unnecessary.  See  5  U.  S.  C.  553(  b)(  A)  and  (B). 
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 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 E.  MB  Docket  No.  04-  270;  RM-  11012 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  281A  at  Rosepine,  Louisiana,  as  the  communitys  first  local  aural  transmission  service.  5 


 Community  Present  Proposed 
 Rosepine,  Louisiana  --  281A 
 Coordinates:  30-  55-  24  NL  and  93-  20-  24  WL 
 Additional  Information:  This  allotment  requires  site  restriction  of  5.5  kilometers  (3.4  miles)  west  to  avoid  a  short-  spacing  to  the  licensed  of  Station  KJLO-  FM,  Channel  281C,  Monroe,  Louisiana. 


 FCC  Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 F.  MB  Docket  No.  04-  271;  RM-  11013 
 Petitioner:  Charles  Crawford  d/  b/  a  Waynoka  Broadcasting  Company 
 4553  Bordeaux  Avenue  Dallas,  Texas  75205 


 Proposal:  Allot  Channel  231C2  at  Waynoka,  Oklahoma,  as  the  communitys  first  local  aural  transmissions  service.  6 


 5  In  support  of  his  proposal,  petitioner  states  that  Rosepine  is  an  incorporated  community  with  a  2000  U.  S.  Census 
 population  of  1,135  persons.  Rosepine  has  its  own  mayor,  post  office,  volunteer  fire  department,  police  department,  chief  of  police,  high  school,  elementary  school,  and  several  local  churches.  Petitioner  further  states  that  Rosepine  is 


 a  community  that  deserves  a  local  FM  service  that  will  provide  additional  diversity  for  Rosepine,  and  an  outlet  for  local  self-  expression  to  its  residents. 


 6  In  support  of  its  proposal,  petitioner  states  that  Waynoka  is  an  incorporated  community  with  a  2000  U.  S.  Census 
 population  of  993  persons.  Waynoka  has  its  own  mayor,  post  office,  fire  department,  police  department,  school  district,  and  a  number  of  local  churches.  Petitioner  further  states  that  Waynoka  is  a  community  that  deserves  an  FM 


 service  that  will  provide  additional  diversity  for  Waynoka,  and  an  outlet  for  local  self-  expression  to  its  residents. 
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 Community  Present  Proposed 
 Waynoka,  Oklahoma  ---  231C2 
 Coordinates:  36-  49-  25  NL  and  98-  59-  50  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  28.8  kilometers  (17.9  miles)  north  to  avoid  a  short-  spacing  to  the  proposed  allotment  site  for  Channel  233A,  Cherokee,  Oklahoma. 


 Contact:  Sharon  P.  McDonald  (202)  418-  218 
 G.  MB  Docket  No.  04-  272;  RM-  11014 
 Petitioner:  Linda  A.  Davidson  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  224A  at  Wasco,  California,  as  the  communitys  first  local  FM  transmission  service. 
 Community  Present  Proposed 
 Wasco,  California  ---  224A 
 Coordinates:  35-  35-  37  NL  and  119-  20-  35WL 
 Additional  Information:  This  allotment  is  located  at  city  reference  coordinates  and  requires  no  site  restriction. 


 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 H.  MB  Docket  No.  04-  273;  RM-  11015 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  299A  at  Richland  Springs,  Texas,  as  potentially  the  communitys  third  local  FM  transmission  service.  To  accommodate  the  allotment,  petitioner  also  requests  the  modification  of  the  reference 
 coordinates  for  vacant  Channel  299A  at  Hamilton,  Texas. 
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 Community  Present  Proposed 
 Richland  Springs,  Texas  252A  252A,  291A  7  ,  299A 
 Coordinates:  31-  09-  42  NL  and  99-  02-  03  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  14.7  kilometers  (9.1  miles)  southwest  to  avoid  a  short-  spacing  to  the  proposed  allotment  site  for  Channel  296A,  Brady,  Texas.  The  modified  reference 
 coordinates  (31-  49-  57  NL  and  98-  07-  00  WL)  for  vacant  Channel  299A,  Hamilton,  Texas,  requires  a  site  restriction  of  14.3  kilometers  (8.9  miles)  north  of  the  community.  Since  Richland  Springs  is  located  within 
 320  kilometers  (199  miles)  of  the  U.  S.-  Mexican  border,  concurrence  of  the  Mexican  government  has  been  requested. 


 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 I.  MB  Docket  No.  04-  274;  RM-  11016 
 Petitioner:  Dana  J.  Puopolo  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  288A  at  Port  Isabel,  Texas,  as  the  communitys  second  local  FM  transmission  service. 


 Community  Present  Proposed 
 Port  Isabel,  Texas  266C2  266C2,  288A 
 Coordinates:  25-  59-  25  NL  and  97-  09-  59  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  10.0  kilometers  (6.3  miles)  southeast  of  the  community.  Since  Port  Isabel  is  located  within  320  kilometers  (199  miles)  of  the  U.  S  Mexican  border, 
 concurrence  of  the  Mexican  government  has  been  requested. 
 Contact:  Sharon  P.  McDonald  (202)  418-  2180 


 7  A  counterproposal  (RM-  10120)  was  filed  on  April  9,  2001,  in  MM  Docket  No.  01-  47,  proposing  the  allotment  of 
 Channel  291A  at  Richland  Springs,  Texas.  See  16  FCC  Rcd  3522  (2001);  Public  Notice,  Report  No.  2488,  June  1,  2001. 
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 J.  MB  Docket  No.  04-  275;  RM-  11017 
 Petitioner:  Robert  Eurich,  President  105  Mountain  Air,  Inc. 
 7179  N.  Van  Ness  Fresno,  California  93711 


 Proposal:  Allot  Channel  265A  at  Coalinga,  California,  as  the  communitys  third  local  FM  transmission  service. 
 Community  Present  Proposed 
 Coalinga,  California  247A,  261B  247A,  261A,  265A 
 Coordinates:  36-  08-  22  NL  and  120-  27-  00  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  8.1  kilometers  (5.1  miles)  west  to  avoid  a  short-  spacing  to  the  licensed  site  for  Station  KWYE(  FM),  Channel  266B,  Fresno,  California. 


 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 K.  MB  Docket  No.  04-  276;  RM-  11033 
 Petitioner:  Dana  J.  Puopolo  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  271A  at  Randsburg,  California,  as  the  communitys  first  commercial  FM  transmission  service.  8 


 Community  Present  Proposed 
 Randsburg,  California  --  271A 
 Coordinates:  35-  22-  06  NL  and  117-  39-  25  WL 
 Additional  Information:  This  allotment  is  located  at  city  reference  coordinates  and  requires  no  site 
 8  In  support  of  the  proposal,  petitioner  states  that  Randsburg  is  a  Census  Designated  Place  located  in  southern 
 California  along  U.  S.  Highway  395  in  Kern  County.  Randsburg  has  a  2000  U.  S.  Census  population  of  77  persons.  It  has  its  own  zip  code  (93554),  telephone  exchange  (882),  post  office,  joint  saloon,  two  churches,  several  antique 


 stores,  an  elementary  school,  and  the  regional  fire  department.  There  are  also  businesses  bearing  the  communitys  name,  such  as  the  Randsburg  Cottage  Hotel,  Randsburg  Opera  House,  Randsburg  Caf,  Randsburg  General  Store, 
 and  the  Randsburg  Museum. 
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 restriction.  Since  Randsburg  is  located  within  320  kilometers  of  the  U.  S.-  Mexican  border,  concurrence  of  the  Mexican  government  has  been  requested. 
 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 L.  MB  Docket  No.  04-  277;  RM-  11034 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  285A  at  Ringwood,  Oklahoma,  as  the  communitys  first  local  aural  transmission  service.  9 


 Community  Present  Proposed 
 Ringwood,  Oklahoma  ---  285A 
 Coordinates:  36-  26-  13  NL  and  98-  09-  31  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  10.0  kilometers  (6.2  miles)  northeast  to  avoid  a  short-  spacing  to  the  licensed  site  for  Station  WWLS-  FM,  Channel  285A,  Bethany,  Oklahoma. 


 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 M.  MB  Docket  No.  04-  278;  RM-  11035 
 Petitioner:  Dana  J.  Puopolo  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  292C3  at  Taos  Pueblo,  New  Mexico,  as  the  communitys  first  local  aural  transmission  service.  10 


 9  In  support  of  his  proposal,  petitioner  states  Ringwood  is  an  incorporated  community  with  a  2000  U.  S.  Census 
 population  of  394  persons.  It  has  its  own  zip  code,  mayor,  school  system,  a  volunteer  fire  department,  police  department,  post  office  and  a  number  of  local  churches.  Petitioner  further  states  that  the  local  FM  service  will 


 provide  additional  diversity  to  Ringwood,  and  an  outlet  for  local  self-  expression  to  its  residents. 
 10  In  support  of  the  proposal,  petitioner  states  that  Taos  Pueblo  is  a  Census  Designated  Place  located  in  Taos  County. 
 The  2000  U.  S.  Census  population  is  1,264  persons. 
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 Community  Present  Proposed 
 Taos  Pueblo,  New  Mexico  ----  292C3 
 Coordinates:  36-  26-  19  NL  and  105-  32-  38  WL 
 Additional  Information:  This  allotment  is  located  at  city  reference  coordinates  and  does  not  require  a  site  restriction. 


 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 N.  MB  Docket  No.  04-  279;  RM-  11036 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  254A  at  Mooreland,  Oklahoma,  as  the  communitys  third  local  FM  transmission  service. 


 Community  Present  Proposed 
 Mooreland,  Oklahoma  283C1,  300C2  254A,  283C1,  300C2 
 Coordinates:  36-  30-  30  NL  and  99-  20-  00  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  13.9  kilometers  (8.6  miles)  northwest  of  the  community. 


 Contact:  Sharon  P.  McDonald  (202)  418-  2180 
 O.  MB  Docket  No.  04-  280;  RM-  11037 
 Petitioner:  Dana  J.  Puopolo  2134  Oak  Street,  Unit  C 
 Santa  Monica,  California  90405 
 Proposal:  Allot  Channel  266A  at  Coupeville,  Washington,  as  the  communitys  first  local  aural  transmission  service.  11 


 11  In  support  of  the  proposal,  petitioner  states  that  Coupeville  is  an  incorporated  town  located  in  Island  County  in 
 northwest  Washington.  It  has  a  2000  U.  S.  Census  population  of  1,723  persons. 
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 Community  Present  Proposed 
 Coupeville,  Washington  ----  266A 
 Coordinates:  48-  18-  00  NL  and  122-  42-  00  WL 
 Additional  Information:  This  allotment  requires  a  site  restriction  of  9.5  kilometers  (5.9  miles)  north  to  avoid  a  short-  spacing  to  the  licensed  site  for  Station  KPLZ-  FM,  Channel  268C,  Seattle,  Washington.  Since 
 Coupeville  is  located  within  320  kilometers  (200  miles)  of  the  U.  S-  Canadian  border,  and  the  allotment  is  short-  spaced  to  the  licensed  site  for  Channel  266C,  New  Westminster,  British  Columbia,  and  the  allotment  site 
 for  Channel  266A,  River  Jordan,  British  Columbia,  concurrence  of  the  Canadian  government  for  this  allotment  has  been  requested  as  a  specially  negotiated,  short-  spaced  allotment. 


 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  should  reference  only  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.  Pursuant  to  Sections  1.415  and  1.419  of  the  Commissions  Rules,  (47  C.  F.  R.    1.415,  1.419)  interested  parties  may  file  comments  on  or  before  September  16,  2004,  and  reply  comments  on  or  October 
 1,  2004,  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  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.  12 
 6.  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 


 12  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  Commission's  Rules.  46  FR  11549  (February  9,  1981). 
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 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  the  Commissions  Secretary,  Office  of  the  Secretary,  Federal  Communications  Commission. 


 7.  For  further  information  concerning  this  proceeding,  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  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  presentation  and  shall  not  be  considered  in  the 
 proceeding.  Any  reply  comment  that  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 
 M  edia  B  ureau 
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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,  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.    1.420(  d).) 
 (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,  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  47  C.  F.  R.    1.420(  a),  (b)  and  (c).)  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.  In  accordance  with  the  provisions  of  Section  1.420  of  the  Commission's  Rules,  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 
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 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. 
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