WPC6 2BJZ Courier#|x2x6X@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\_)^X@26> ZN Courier#|xHP LaserJet 4_230_1HPLAS4.PRS 4x  @UQ\_)^@2XFZ4<?xxx,2x6X@`7X@<r5ddd,Oed6X@`7@<E<<<,΃<6X@`7,@<R&HHH,,H6X@`7h@ r5- 3'3'Standard3'3'StandardHPLAS4.PRS 4x    d  @YOe т d  @YOe /NPRM, FM B/C STAS. (Madisonville, TX), DA 95196 /$ $// 73.202 FM Table of Allotments //$ /// newjob /// Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. Table of Allotments, ) RM8578 FM Broadcast Stations. ) (Madisonville, Texas) )  r5p - NOTICE OF PROPOSED RULE MAKING Adopted: February 9, 1995 ; Released: February 21, 1995 Comment Date: April 14, 1995 Reply Comment Date: May 1, 1995 By the Chief, Allocations Branch: x1. The Commission has before it the petition for rule making filed by Leon Hunt, d/b/a Hunt Broadcasting ("petitioner"), requesting the allotment of Channel 272A to Madisonville, Texas, as the community's second local commercial FM service. Petitioner states it will apply for Channel 272A, if allotted. x2. We believe the public interest would be served by proposing the allotment of Channel 272A to Madisonville, since it could provide the community with an additional local FM service. Channel 272A can be allotted to Madisonville in compliance with the Commission's minimum distance separation requirements with a site restriction of 7.0 kilometers (4.3 miles) northwest to avoid a shortspacing conflict with the licensed site of Station  r5q-KMJQ(FM), Channel 271C, Houston, Texas.Zq` ?< x<ԍ The coordinates for Channel 272A at Madisonville are North  xh<Latitude 310025 and West Longitude 955630. Petitioner proposed  x<coordinates North Latitude 310224 and West Longitude 955441  x<with a site restriction of 10.0 kilometers (6.2 miles) North.  x<However, the Commission generally does not protect a prospective  x<applicant's desired transmitter site for a new allotment if a less  x<restrictive site is available, as there is no guarantee that the  xh<petitioner will ultimately become the licensee. Therefore, we will  xh<not consider petitioner's site, and advance a less restrictive site for the allotment of Channel 272A at Madisonville, Texas.Z x3. Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows:  r5[-x` ` City Channel No.  r5- Present Proposed Madisonville, Texas 241C2 241C2, 272A "` 0*0*0*2("Ԍx4. The Commission's authority to institute rule making proceedings,"` 0*0*0*2("Ԍshowings required, cutoff 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. x5. Interested parties may file comments on or before , 1995, and reply comments on or before , 1995, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: x` ` Christopher D. Imlay, Esq. x` ` Booth, Freret and Imlay x` ` 123320th Street, N.W. x` ` Suite 204 x` ` Washington, D.C. 20554 x` ` (Counsel for petitioner) x6. The Commission has determined that the relevant provisions of the Regulatory Flexibility 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.  r5Z-See Certification That Sections 603 and 604 of the Regulatory Flexibility Act  r5-Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b)  r5-of the Commission's Rules, 46 FR 11549, February 9, 1981. x7. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202)4182180. For purposes of this restricted notice and comment rule making proceeding, members of the public  r5-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  r5-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  r5q-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)  r5-who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in the proceeding.  Ge FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau Attachment: Appendix ")0*0*0*3"Ԍ r5- APPENDIX MM Docket No. RM8578 x1. 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  r5-Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is attached.  r5-x2. Showings Required. Comments are invited on the proposal(s)  r5{-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 pleading. 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.  r5 -x3. Cutoff protection. The following procedures will govern the consideration of filings in this proceeding. x(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  r5-comments. (See Section 1.420(d) of the Commission's Rules). x(b) With respect to petitions for rule making which conflict with the  r5-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. x(c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved.  r5q-x4. 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  r5f-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 pleading. 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  r5-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, D.C. 20554.  r5"-x5. 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, pleading, briefs, or other documents shall be furnished the Commission.  r5%-x6. 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 Public Reference Room at its headquarters, 1919 M Street, N.W., Washington, D.C.