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Dove Creek, Colorado, FM Table of Allotments

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Released: December 11, 2012
Federal Communications Commission

DA 12-2002

Before the

Federal Communications Commission

Washington, D.C. 20554


In the Matter of
)
)
Amendment of Section 73.202(b),
)
MB Docket No. 12-352
Table of Allotments,
)
RM-11686
FM Broadcast Stations.
)
(Dove Creek, Colorado)
)

NOTICE OF PROPOSED RULE MAKING

Adopted: December 10, 2012

Released: December 11, 2012

Comment Date: February 4, 2013
Reply Date: February 21, 2013

By the Assistant Chief, Audio Division, Media Bureau:

1. The Audio Division has before it a Petition for Rule Making filed by Cochise Media
Licenses, LLC (“Petitioner”). Petitioner proposes to amend the FM Table of Allotments, Section
73.202(b) of the Commission’s rules, by allotting FM Channel 229C3 at Dove Creek, Colorado, as
that community’s first local service.
2.

Background.

Petitioner filed both a Petition for Rulemaking and an FCC Form 301
application for FM Channel 229C3 at Dove Creek, Colorado.1 Petitioner submitted a filing fee for
its application, pursuant to Revision of Procedures Governing Amendments to FM Table of
Allotments and Changes of Community of License in the Radio Broadcast Services
.2 Petitioner
states that if Channel 229C3 is allotted at Dove Creek, it will prosecute its application and
participate in any auction of the Dove Creek allotment. Finally, Petitioner represents that if it is
the winning bidder and is granted a construction permit, it will promptly construct the authorized
facilities.
3. Petitioner asserts that the proposed amendment of the FM Table of Allotments would
serve the public interest because allotment of Channel 229C3 could provide a first local service to
Dove Creek. Petitioner explains that FM Station KDVC, previously licensed at Dove Creek, was
allowed to change its community of license to Loma, Colorado.3 In addition, a construction permit
for a new NCE FM station at Dove Creek expired unbuilt on January 29, 2012.4
4.

Discussion.

The proposed change in the FM Table of Allotments warrants
consideration because it complies with our technical requirements and could serve the public


1 File No. BNPH-20121119AGS.
2 Report and Order, 21 FCC Rcd 14212 (2006).
3 See FCC File No. BPH-20090205ACK.
4 See FCC File No. BNPED-20071022BIU, as modified by BMPED-20090603AFO.

Federal Communications Commission

DA 12-2002

interest. This allotment would provide a potential first local service to the community of Dove
Creek, Colorado, an incorporated town of 735 persons. We previously found Dove Creek to be a
community for allotment purposes,5 but no station is currently allotted there. Accordingly, we
seek comment on the proposed amendment of the FM Table of Allotments, 47 C.F.R. Section
73.202(b), with respect to Dove Creek, Colorado, as set forth below:

Community


Present


Proposed

Dove Creek, Colorado

----
229C3

Proposed Coordinates for Channel 229C3 at Dove Creek, Colorado:

37-48-05 NL and
108-59-33 WL.
4. 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.
5. Pursuant to Sections 1.415 and 1.419 of the Commission’s Rules,6 interested parties
may file comments on or before February 4, 2013, and reply comments on or before February 21,
2013, and are advised to read the Appendix for the proper procedures. Comments should be filed
with the Federal Communications Commission. Additionally, a copy of any filing should be
served on counsel for Petitioner, as follows:
Susan A. Marshall, Esq.
Anne Goodwin Crump, Esq.
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street, 11th Floor
Arlington, Virginia 22209
(Counsel for Cochise Media Licenses LLC)
6. Parties must file an original and four paper 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 Commission’s contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission’s Secretary at the FCC Headquarters building located
at 445 12th Street, SW, Room TW-A325, Washington, DC 20554. 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


5 Dove Creek, Colorado, Report and Order, 14 FCC Rcd 14097 (MMB 1999). The finding that Dove Creek
is a community for allotment purposes is implicit in the allotment of FM Channel 273C3 at that community.
6 See 47 C.F.R. §§1.415 and 1.419.
2

Federal Communications Commission

DA 12-2002

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 12th 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.

7. 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.7 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,” pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198.8
8. For further information concerning these proceedings, contact Deborah A. Dupont,
Media Bureau, at (202) 418-7072. 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 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
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau


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 Commission’s Rules
, 46 Fed.Reg. 11549 (February
9, 1981).
8 See 44 U.S.C. 3506(c)(4).
3

Federal Communications Commission

DA 12-2002



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 Puopolos. 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.
4

Federal Communications Commission

DA 12-2002

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.
5

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