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Rule Making to Amend FM Table of Allotments, Altamont, OR

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Released: October 14, 2011
Federal Communications Commission

DA 11-1711

Before the

Federal Communications Commission

Washington, D.C. 20554


In the Matter of
)
)
Amendment of Section 73.202(b),
)
MB Docket No. 11-167
Table of Allotments,
)
RM-11645
FM Broadcast Stations.
)
(Altamont, Oregon)
)

NOTICE OF PROPOSED RULE MAKING

Adopted: October 12, 2011

Released: October 14, 2011

Comment Date: December 5, 2011
Reply Date: December 20, 2011

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it a Petition for Rule Making filed by Threshold
Communications ("Petitioner"), winning bidder in Auction No. 91 for a new construction permit on FM
Channel 290A at Butte Falls, Oregon. Petitioner proposes to substitute FM Channel 235C1 for vacant
FM Channel 249C1 at Altamont, Oregon, in order to facilitate a minor modification to the Butte Falls
allotment, which Petitioner proposes to move to Channel 249A.1 We seek comment on Petitioner's
proposal.
2. Our independent engineering analysis indicates that Channel 235C1 can be substituted for
vacant Channel 249C1 at Altamont, consistent with the minimum distance separation requirements of the
Commission's rules.2 The allotment change requested could serve the public interest by preserving a
potential Class C1 FM service at Altamont, while allowing the channel substitution proposed for the
Butte Falls allotment.
3. While the substitution of Channel 235C1 for vacant Channel 249C1 at Altamont is technically
feasible, the proposed change will result in a potential net loss of 57,827 persons. This loss would result
from the use of different reference coordinates than those currently shown for vacant Channel 249C1.3
We do not generally consider the issue of gains and losses of area and population in the context of same-
class channel substitutions for vacant FM channels; nonetheless, in light of the substantial loss in
potential population coverage that would result from adoption of the proposal, we request that Petitioner
"address the impact of a net loss in service on the overall public interest benefits of its hybrid
application-rulemaking proposal."4


1 See File No. BNPH-20110630AHK.
2 The reference coordinates proposed for Channel 235C1 at Altamont, Oregon, are 42-07-04 NL and 121-21-50 WL,
at a site 32.3 km (20.1 miles) east of Altamont.
3 The reference coordinates for vacant FM Channel 249C1 at Altamont, Oregon, are 42-05-36 NL and 121-59-35
WL.
4 Dulac, Louisiana, Report and Order, 24 FCC Rcd 10154, 10155 (MB 2009).

Federal Communications Commission

DA 11-1711

4. Petitioner's proposal warrants consideration. We therefore will solicit comments on the
proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Rules, with respect to
Altamont, Oregon:

Community

Present FM Channel

Proposed FM Channel

Altamont, Oregon

249C1
235C1
5. 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.
6. Pursuant to Sections 1.415 and 1.419 of the Commission's Rules,5 interested parties may file
comments on or before December 5, 2011, and reply comments on or before December 20, 2011, 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 any filing should be served on Petitioner as follows:
Donald E. Martin, Esq.
Donald E. Martin, P.C.
Post Office Box 8433
Falls Church, Virginia 22041
7. 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 (although we continue to experience delays in receiving U.S. Postal Service mail). The
Commission's contractor 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 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.

8. 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


5 See 47 C.F.R. 1.415 and 1.419.
6 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. 11,549 (Feb. 9, 1981).
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Federal Communications Commission

DA 11-1711

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 107-198.7
9. For further information concerning this proceeding, contact Deborah A. Dupont, Media
Bureau, at (202) 418-7072. For purposes of 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 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







7 See 44 U.S.C. 3506(c)(4).
3

Federal Communications Commission

DA 11-1711

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) Petitions for rule making which conflict with the proposals in this Notice 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. The person filing the comments shall
serve comments on the petitioner. 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 47 C.F.R. Section 1.420(a), (b) and (c).) Comments should be filed with the Secretary,
Federal Communications Commission, 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.
4

Federal Communications Commission

DA 11-1711

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.
5

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