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FM Table of Allotments, Moran, Texas

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Released: April 26, 2013
Federal Communications Commission

DA 13-867

Before the

Federal Communications Commission

Washington, D.C. 20554


In the Matter of
)
)
Amendment of Section 73.202(b),
)
MB Docket No. 13-102
Table of Allotments,
)
RM-11696
FM Broadcast Stations.
)
(Moran, Texas)
)

NOTICE OF PROPOSED RULE MAKING

Adopted: April 25, 2013

Released: April 26, 2013

Comment Date: June 17, 2013
Reply Date: July 2, 2013

By the Assistant Chief, Audio Division, Media Bureau:

1. The Audio Division has before it a Petition for Rule Making filed by Katherine Pyeatt
(“Petitioner”). Petitioner proposes to amend the FM Table of Allotments, Section 73.202(b) of the
Commission’s rules, by allotting Channel 281A as a first local service at Moran, Texas.
2.

Background.

Petitioner states that Moran is an incorporated community in Shackelford
County, Texas, with a population of 270 persons. Moran has its own post office (zip code: 76464), city
hall, independent school district, and cemetery. Petitioner further states that Moran has several
businesses and churches. Petitioner submitted a Form 301 application for Channel 281A at Moran.1
3.

Discussion.

The proposed change in the FM Table of Allotments warrants consideration
because it would comply with our technical requirements and could serve the public interest by providing
a first local service at Moran, Texas. 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 Moran, Texas, as set forth below:

Community


Present


Proposed

Moran, Texas

----
281A

Proposed Coordinates for Channel 281A at Moran, Texas:

32-25-00 NL and 99-08-00 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,2 interested parties may file
comments on or before June 17, 2013, and reply comments on or before July 2, 2013, and are advised to


1 See File No. BNPH-20130312ABB. In compliance with Section 1.1114 of the Commission’s Rules.
2 See 47 C.F.R. §§ 1.415 and 1.419.

Federal Communications Commission

DA 13-867

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 Petitioner, as
follows:
Katherine Pyeatt
2215 Cedar Springs Rd., #1605
Dallas, Texas 75201
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.3 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 107-198.4
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


3 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 (Feb. 9, 1981).
4 See 44 U.S.C. § 3506(c)(4).
2

Federal Communications Commission

DA 13-867

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
3

Federal Communications Commission

DA 13-867



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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