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Rule Making to Amend FM Table of Allotments, Summit, MS

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Released: April 6, 2012
Federal Communications Commission

DA 12-551

Before the

Federal Communications Commission

Washington, D.C. 20554


In the Matter of
)
)
Amendment of Section 73.202(b),
)
MB Docket No. 12-84
Table of Allotments,
)
RM-11627
FM Broadcast Stations.
)
(Summit, Mississippi)
)

NOTICE OF PROPOSED RULE MAKING

Adopted: April 5, 2012


Released: April 6, 2012

Comment Date: May 29, 2012
Reply Date: June 13, 2012

By the Assistant Chief, Audio Division, Media Bureau:

1. The Audio Division has before it a Petition for Rule Making filed by Bowen Broadcasting
(“Petitioner”), proposing to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s
rules, by allotting FM Channel 228A at Summit, Mississippi, as that community’s first local service. In
compliance with the Commission's procedures, Petitioner has concurrently filed an FCC Form 301
application for Channel 228A at Summit, and the necessary filing fees.1 In this Notice of Proposed Rule
Making (“Notice”), we seek comment on that proposal.
2.

Background.

Petitioner filed a Petition for Rule Making requesting the allotment of FM
Channel 228A at Summit, Mississippi, as that community’s first local broadcast transmission service. To
accommodate that allotment, Petitioner requested the reclassification of Station WQUE-FM, Channel
227C, New Orleans, Louisiana, to specify operation on Channel 227C0. Because Station WQUE-FM is
operating below minimum Class C standards, it is subject to reclassification as a Class C0 facility. 2 In
response to Petitioner’s request, we issued to Clear Channel Broadcasting Licenses Inc., (“Clear
Channel”), licensee of Station WQUE-FM, an Order to Show Cause why that station should not be
reclassified as a C0 facility. Clear Channel did not file an objection to the proposed reclassification.
3.

Discussion.

The proposed change in the FM Table of Allotments warrants consideration
because it complies with our technical requirements and could serve the public interest by providing a
first local service to Summit, Mississippi, a community of 1,428 persons. Accordingly, we seek
comment on the proposed amendment of the FM Table of Allotments, 47 C.F.R. Section 73.202(b), with


1 See File No. BNPH-20110127AAF.
2 Station WQUE-FM currently operates on Channel 227C with an ERP of 100 kilowatts at 300 meters HAAT. The
station is below the minimum Class C antenna height requirements of 451 meters HAAT. See 1998 Biennial
Regulatory Review—Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission’s Rules
, Second
Report and Order, 15 FCC Rcd 21,649 (2000) (“Second Report and Order”), and Section 1.420(g), n.2, and Section
73.3573, n.4, of the Commission’s Rules.

Federal Communications Commission

DA 12-551

respect to Summit, Mississippi, as set forth below:

Community


Present


Proposed

Summit, Mississippi

----
228A

Proposed Coordinates for Channel 228A at Summit, Mississippi:

31-17-07 NL and 90-19-10
WL, at a site 14.2 km (8.8 miles) east of Summit.
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,3 interested parties may file
comments on or before May 28, 2012, and reply comments on or before June 12, 2012, and are advised
to 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:
Cliff J. Bowen, Jr., Officer
Bowen Broadcasting
1125 Petrified Forest Road
Flora, Mississippi 39071
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 (although we continue to experience delays in receiving 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 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.

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


3 See 47 C.F.R. §§1.415 and 1.419.
2

Federal Communications Commission

DA 12-551

73.202(b) of the Commission’s Rules.4 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 107-198.5
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
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


4 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 (February 9, 1981).
5 See 44 U.S.C. 3506(c)(4).
3

Federal Communications Commission

DA 12-551



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 Puopolos. 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.
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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