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Port Lions, Alaska, et al., FM Table of Allotments

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Released: June 14, 2013

Federal Communications Commission

DA 13-1377

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. 13-156
FM Broadcast Stations.
)
(Port Lions, Alaska; De Beque, Colorado; and
)
Benjamin, Cisco, Rule, and Shamrock, Texas)
)

NOTICE OF PROPOSED RULEMAKING

Adopted: June 13, 2013

Released: June 14, 2013

Comment Date: August 5, 2013
Reply Comment Date: August 20, 2013

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division, on its own motion, proposes the deletion of six vacant allotments in various
communities in Alaska, Colorado, and Texas. We tentatively conclude that it is in the public interest to
delete six FCC-held permits, as listed in paragraph 3 below, that have been offered in two FM auctions. No
bids were entered for these allotments in the recently completed FM Auction 94 and these allotments are
now considered unsold permits. Deletion of these allotments may create other opportunities in nearby
communities for new FM allotments or upgrades of existing stations. Therefore, we believe that the
proposed deletion of these vacant allotments may promote a more effective and efficient use of the FM
broadcast spectrum.
2. Interested parties must file comments expressing an interest in the vacant allotments to prevent their
removal. Moreover, interested parties must provide an explanation as to why they did not participate in
prior auction events for any permit in which an interest is expressed.
3. Accordingly, we seek comments on the proposed amendments of the FM Table of Allotments,
Section 73.202(b) of the Commission's Rules, with respect to the communities listed below, as follows:


Construction
Community
Present
Proposed
Permit No.
MM-FM869-C0
Port Lions, Alaska
221C0
------------
MM-FM800-C2
De Beque, Colorado
247C3
------------
MM-FM806-C3 Benjamin, Texas
237C3
------------
MM-FM860-A
Cisco, Texas
261C3

------------
MM-FM957-C2
Rule, Texas
288C2
------------

Federal Communications Commission

DA 13-1377

MM-FM960-C2
Shamrock, Texas
225C2
------------
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 August 5, 2013, or before, and reply comments on
August 20, 2013, or before 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.
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.1 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, see 44
U.S.C. 3506(c)(4).
8. For further information concerning a proceeding listed above, contact Rolanda F. Smith, Media
Bureau (202) 418-2054. 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


1 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).
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Federal Communications Commission

DA 13-1377

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 13-1377

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. Sections 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 to 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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