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FM Table of Allotments, Charlotte Amalie, Virgin Islands

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Released: December 31, 1969

Federal Communications Commission DA 09-40

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Amendment of Section 73.202(b)
)
Table of Allotments,
)
MB Docket No. 08-243
FM Broadcast Stations.
)
RM-11490
(Charlotte Amalie, Virgin Islands)
)

NOTICE OF PROPOSED RULEMAKING

Adopted: January 14, 2009

Released: January 16, 2009

Comment Date: March 9, 2009
Reply Comment Date: March 24, 2009

By the Assistant Chief, Audio Division, Media Bureau:
1.
The Audio Division considers a petition for rule making filed by Western New Life, Inc.
("Petitioner"), licensee of Station WJZG-FM, Channel 254A, Culebra, Puerto Rico, proposing the deletion
of vacant Channel 271B at Charlotte Amalie, Virgin Islands. The proposed deletion of this vacant allotment
accommodates the Station WJZG-FM hybrid contingent application, which requests the substitution of
Channel 271A for Channel 254A at Culebra, and modification of the Station WJZG-FM license.1
2.
Channel 271B at Charlotte Amalie is a vacant allotment, resulting from the cancellation of the
Station WSTA-FM license.2 We find that the proposed Charlotte Amalie deletion is consistent with our
rational in Grants and Church Rock, NM3 because this vacant allotment has previously been subject to a
filing window as a result of BC Docket No. 82-764. The reference coordinates for vacant Channel 271B at
Charlotte Amalie are 18-20-36 NL and 64-55-48 WL. Interest parties should file comments expressing an
interest in vacant Channel 271B at Charlotte Amalie to prevent its deletion.4 Interest parties are advised that
if interest is expressed in vacant Channel 271B at Charlotte Amalie, the allotment will not be deleted from
the FM Table since it is generally Commission policy not to delete an FM allotment where a bona fide
expression of interest exists.
3.
Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments,
Section 73.202(b) of the Commission's Rules, with respect to the community listed below, as follows:


1 See File No. BMPH-20071211AAQ.
2 See OCC Acquisitions, Inc. Radio Station WSTA-FM, Charlotte Amalie, VI, Memorandum Opinion and Order, 17
FCC Rcd 6147 (2002).
3 Cf. Grants and Church Rock, New Mexico, Report and Order, 22 FCC Rcd 9462 (MB 2007), recon. pending
(denying a counterproposal to downgrade an existing vacant allotment that had not been subject to an auction
window and announcing that "[i]n virtually all cases, we will not downgrade a "drop-in" channel, especially if the
vacant channel has not yet been subject to a window for the filing of applications for that channel").
4 See Boswell, Oklahoma and Detroit, Texas, Report and Order, 22 FCC Rcd 17632 (MB 2007) and Coosada,
Alabama,
Memorandum Opinion and Order, 17 FCC Rcd 21117 (MB 2002) (stating that it is Commission policy to
refrain from maintaining an allotment instances were there are no bona fide expressions of interest).

Federal Communications Commission DA 09-40



Channel
Community
Present
Proposed
Charlotte Amalie, Virginia Islands
257A, 271B5
257A

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.
Interested parties may file comments on or before March 9, 2009, and reply comments on
or before March 24, 2009, 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 Petitioner, as follows:
Scott C. Cinnamon, Esq.
Counsel for Western New Life, Inc.
Law Offices of Scott C. Cinnamon, PLLC
1250 Connecticut Ave., N.W.
Suite 200, #144
Washington, D.C. 20036
6.
Parties 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
Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings
for the Commission's 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 12th Street, SW, Washington, D.C. 20554. All filings must be
addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

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.6 This document does not contain proposed information collection requirements


5 Channel 271B at Charlotte Amalie was inadvertently removed from the FM Table of Allotments. See Revision of
Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio
Broadcast Services
, Report and Order, 21 FCC Rcd 14212 (2006).
6 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).
2

Federal Communications Commission DA 09-40

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, see 44
U.S.C. 3506(c)(4).
8.
For further information concerning a proceeding listed above, contact Rolanda F. Smith,
Media Bureau (202) 418-2180. 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 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 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 the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos

Assistant Chief
Audio Division
Media Bureau
Attachment: Appendix
3

Federal Communications Commission DA 09-40

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) 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 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. 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. Section 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 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 (Room
CY-A257) at its headquarters, 445 12th Street, S.W, Washington, D.C.
4

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