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FM Table of Allotments, Toquerville, Utah

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Released: April 4, 2014

Federal Communications Commission

DA 14-460

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Amendment of Section 73.202(b)
)
MB Docket No. 14-54
FM Table of Allotments,
)
RM-11698
FM Broadcast Stations.
)
(Toquerville, Utah)
)

NOTICE OF PROPOSED RULE MAKING

Adopted: April 3, 2014


Released: April 4, 2014

Comments Date: May 26, 2014
Reply Comments Date: June 10, 2014

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it a Petition for Rule Making filed by JER Licenses, LLC
(“Petitioner”), winning bidder in Auction 93 for Channel 281C3 at Peach Spring, Arizona, proposing the
substitution of Channel 246C for vacant Channel 280C at Toquerville, Utah. The proposed channel
substitution at Toquerville accommodates Petitioner’s hybrid application, requesting the downgrade of the
new FM station, from Channel 281C3 to Chanel 280A at Peach Springs, Arizona.1
2. A staff engineering analysis indicates that Channel 246C can be allotted to Toquerville, Utah
consistent with the minimum distance separation requirements of the Commission’s Rules with a site
restriction located 46.7 kilometers (29 miles) northeast of Toquerville. The reference coordinates are 37-
34-28 NL and d 112-56-33 WL.
3. The Petitioner’s proposal warrants consideration. Therefore, we will solicit comments on the
proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Rules, with respect to
Toquerville, Utah:
Channel No.
Community
Present
Proposed
Toquerville, Utah
280C
246C
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 by paragraph 2 of
the Appendix before a channel will be allotted.


1 See File No. BNPH-20120529ALI, as amended on August 28, 2013.

Federal Communications Commission

DA 14-460

5. Pursuant to Section 1.415 and 1.419 of the Commission’s Rules,2 interested parties may file
comments on or before May 26, 2014, and reply comments on or before June 10, 2014, 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:
A. Wray Fitch III, Esq.
Gammon & Grange, P.C.
8280 Greensboro Drive, 7th Floor
McLean, Virginia 22102-3807


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 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


2 47 C.F.R. §§ 1.415 and 1.419.
3 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 14-460

comment which has not been served on the petitioners 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
Nazifa Sawez
Assistant Chief, Audio Division
Media Bureau
Attachment: Appendix
3

Federal Communications Commission

DA 14-460

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 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 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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