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FM Table of Allotments, Heber Springs, AR

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Released: August 23, 2013

Federal Communications Commission

DA 13-1794

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Amendment of Section 73.202(b)
)
MB Docket No. 13-207
FM Table of Allotments,
)
RM-11700
FM Broadcast Stations.
)
(Heber Springs, Arkansas)
)

NOTICE OF PROPOSED RULEMAKING

Adopted: August 22, 2013

Released: August 23, 2013

Comments Date: October 15, 2013
Reply Comments Date: October 30, 2013

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it a Petition for Rule Making filed by Sydney Allison Sugg
("Petitioner"), proposing the allotment of Channel 270C3 at Heber Springs, Arkansas, as the
community's third local service.1 In compliance with Commission procedures,2 Petitioner has
concurrently filed an FCC Form 301 application for Channel 270C3 at Heber Springs, and the necessary
filing fees.3
2. Petitioner states that Heber Springs, the seat of Cleburne County, has a 2010 U.S. Census
population of 7,165 persons. A staff engineering analysis confirms that Channel 270C3 can be allotted to
Heber Springs consistent with the minimum distance separation requirements of the Rules with a site
restriction 12.8 kilometers (7.9 miles) northeast of the community. The reference coordinates are 35-34-
12 NL and 91-55-41 WL.
3. The Petitioner's proposal warrants consideration because it could provide Heber Springs with
a third local service. Therefore, we will solicit comments on the proposed amendment to the FM Table of
Allotments, Section 73.202(b), with respect to Heber Springs, Arkansas, as set forth below:
Channel No.
Community
Present
Proposed
Heber Springs, Arkansas
---------
270C3
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


1 Petitioner states that noncommercial Station FM KBMJ and AM Station KAWW are assigned to Heber Springs.
2 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, 14223 18 (2006).
3 See File No. BNPH-20130510ACE.

Federal Communications Commission

DA 13-1794

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.
5. Interested parties may file comments on or before October 15, 2013, and reply comments on
or before October 30, 2013, 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:
Frank R. Jazzo, Esq.
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street, 11th Floor
Arlington, Virginia 22209

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. The Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered
paper filings for the Commission's Secretary at the Commission's headquarters building located at 445
12th Street, S.W., Room TW-A325, Washington, D.C. 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 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.4 This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, it does not contain any new or modified "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 this proceeding, contact Rolanda F. Smith, (202) 418-
2700. 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 petitioners constitutes an ex parte presentation and shall not


4 See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Makings 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 13-1794

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
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau
Attachment: Appendix
3

Federal Communications Commission

DA 13-1794

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 and Regulations, 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 required
to file comments expressing the proponent's continuing interest in the proposed allotment and restating 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 Section 1.420(d) of the Commission's Rules).
(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 and Regulations, 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 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.
5. 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, 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.
4

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