*Pages 1--7 from  Microsoft Word - 47244.doc*
 Federal  Communications  Commission  DA  05-  748 
 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.  )  ) 
 (Arapaho,  Oklahoma)  )  MB  Docket  No.  05-  136  )  RM-  11163 
 )  (Big  Spring,  Texas)  )  MB  Docket  No.  05-  137 
 )  RM-  11161  ) 
 (Cameron,  Louisiana)  )  MB  Docket  No.  05-  138  )  RM-  11162 


 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  March  21,  2005  Released:  March  23,  2005 
 Comment  Date:  May  10,  2005  Reply  Date:  May  25,  2005 


 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  multiple  docket  Notice  of  Proposed  Rule  Making  setting  forth  three  separate  proposals  to  amend  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the 
 Commissions  Rules.  1  With  respect  to  each  proposal,  the  petitioner  has  stated  that  he  will  apply  for  the  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  rulemaking  number  and  the  Commissions  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  by  avoiding  duplicative  actions.  We  request  comments  and/  or 
 counterproposals  to  the  following  proposals: 


 1  See  47  C.  F.  R.  73.202(  b). 
1
 Federal  Communications  Commission  DA  05-  748 
 2 
 A.  MB  Docket  No.  05-  136;  RM-  11163 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  251C3  at  Arapaho,  Oklahoma,  as  the  communitys  first  local  service. 
 Community  Present  Proposed 
 Arapaho,  Oklahoma  -----  251C3 
 Coordinates:  35-  28-  00  NL  and  98-  55-  00  WL 
 Additional  Information:  The  proposed  allotment  of  Channel  251C3  at  Arapaho  requires  a  site  restriction  of  13.1  km  (8.1  miles)  south  of  the  community  at  the  coordinates  indicated  above.  Petitioner 
 states  that  Arapaho  is  an  incorporated  community  with  a  U.  S.  Census  2000  population  of  748  persons.  Petitioner  further  states  that  Arapaho  has  a  mayor,  city  hall,  police  department,  and  a  number  of  local 
 churches. 
 FCC  Contact:  Helen  McLean  (202)  418-  2738 


 B.  MB  Docket  No.  05-  137;  RM-  11161 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  265C3  at  Big  Spring,  Texas,  as  the  communitys  sixth  local  service.  2 
 Community  Present  Proposed 
 Big  Spring,  Texas  232C3,  239C2  232C3,  239C2,  265C3 
 Coordinates:  32-  12-  00  NL  and  101-  18-  00  WL 
 Additional  Information:  Channel  265C3  can  be  allotted  to  Big  Spring  with  a  site  restriction  of  17.7  km  (11.0  miles)  east  of  the  community  at  the  reference  coordinates  indicated  above.  Because  this 
 site  is  within  320  kilometers  (200  miles)  of  the  Mexican  border,  concurrence  of  the  Mexican  government  has  been  requested  for  the  allotment. 


 2  Commercial  FM  stations  KBTS  and  KBST-  FM,  AM  Stations  KBYG  and  KBST,  and  noncommercial  educational 
 FM  station  KBCX  are  licensed  to  Big  Spring,  Texas. 
2
 Federal  Communications  Commission  DA  05-  748 
 3 
 FCC  Contact:  Helen  McLean  (202)  418-  2738 
3
 Federal  Communications  Commission  DA  05-  748 
 4 
 C.  MB  Docket  No.  05-  138;  RM-  11162 
 Petitioner:  Charles  Crawford  4553  Bordeaux  Avenue 
 Dallas,  Texas  75205 
 Proposal:  Allot  Channel  296C3  at  Cameron,  Louisiana,  as  the  communitys  first  local  service. 
 Community  Present  Proposed 
 Cameron,  Louisiana  -----  296C3 
 Coordinates:  29-  47-  48  NL  and  93-  19-  30  WL 
 Additional  Information:  Channel  296C3  can  be  allotted  to  Cameron  at  the  center  of  the  city  coordinates.  3  Petitioner  states  that  Cameron  is  a  Census  Designated  Place  (  CDP)  in  Cameron  Parish, 
 Louisiana  with  a  U.  S.  Census  2000  population  of  1,965  persons.  Additionally,  Petitioner  states  that  the  Cameron  Police  Jury  is  both  a  legislative  and  administrative  body,  and  that  Cameron  has  a  fire 
 department,  public  schools,  and  a  number  of  local  churches.  Although  the  designation  of  an  area  as  a  CDP  raises  the  presumption  that  an  area  is  a  community  for  allotment  purposes,  that  presumption  is 
 rebuttable.  4  We  request  that  the  Petitioner  submit  additional  information  demonstrating  that  Cameron  is  a  community  for  allotment  purposes.  Community  status  may  be  proven  by  the  testimony  of  local 
 residents  or  by  objective  or  subjective  evidence  indicating  the  existence  of  a  community.  Some  examples  of  objective  indications  of  community  status  include  the  existence  of  local  government  as  well  as  social, 
 economic,  commercial,  cultural,  public  service,  or  religious  organizations  that  serve  the  community.  5 
 FCC  Contact:  Helen  McLean  (202)  418-  2738 
 3.  Comments,  reply  comments,  counterproposals  and  other  pleadings  filed  in  response  to  this  Notice  of  Proposed  Rule  Making  should  reference  the  docket  to  which  the  filing  pertains.  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. 


 3  Center  city  coordinates  are  preferable  to  Petitioners  proposed  coordinates  of  29-  48-  00  NL  and  93-  21-  30  WL 
 which  required  a  site  restriction. 
 4  See  Stock  Island,  Florida,  8  FCC  Rcd  343  (MMB  1993);  East  Hemet,  California,  et  al.,  4  FCC  Rcd  7895  (MMB 
 1989);  and  Hannahs  Mill  and  Milledgeville,  Georgia,  7  FCC  Rcd  3944  (MMB  1992). 
 5  See  Hayfield,  VA,  12  FCC  Rcd  16373  (MMB  1997)  and  Kenansville,  Florida,  5  FCC  Rcd  2663  (MMB  1990), 
 affd,  10  FCC  Rcd  9831  (1995). 
4
 Federal  Communications  Commission  DA  05-  748 
 5 
 4.  Pursuant  to  Sections  1.415  and  1.419  of  the  Commissions  Rules,  6  interested  parties  may  file  comments  on  or  before  May  10,  2005,  and  reply  comments  on  or  before  May  25,  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  the  petitioner  listed  for  each  docket. 


 5.  Parties  who  choose  to  file  by  paper  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.    1.7.  Accordingly,  failure  to  follow  the  specified  requirements  may  result  in  the  treatment  of  a  filing  as 
 untimely. 
 6.  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  Commissions  Rules.  7  This  document  does  not  contain  proposed  information  collection  requirements  subject  to  the  Paperwork  Reduction  Act  of  1995  (PRA),  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,  pursuant  to  the  Small  Business  Paperwork  Relief  Act  of  2002,  Public 
 Law  107-  198,  see  44  U.  S.  C.  Section  3506(  c)(  4). 
 7.  For  further  information  concerning  these  proceedings,  contact  Helen  McLean,  Media  Bureau,  at  (202)  418-  2738.  For  purposes  of  these  restricted  notice  and  comment  rule  making 
 proceedings,  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 
 6  See  47  C.  F.  R.    1.415  and  1.419. 
 7  See  Certification  that  Section  603  and  604  of  the  Regulatory  Flexibility  Do  Not  Apply  to  Rule  Making  to  Amend 
 Sections  73.202(  b),  73.504  and  73.606(  b)  of  the  Commissions  Rules,  46  Fed.  Reg.  11549  (February  9,  1981). 
5
 Federal  Communications  Commission  DA  05-  748 
 6 
 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  the  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  this  proceeding. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
6
 Federal  Communications  Commission  DA  05-  748 
 7 
 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. 
7