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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b) ) MM Docket No. 96-170 Table of Allotments, ) RM-8844 FM Broadcast Stations. ) RM-9057 (Franklin and White Castle, ) Louisiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 19, 1997 Released: December 5, 1997 By the Chief, Allocations Branch: 1. At the request of Annette G. Thompson ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 12676 (1996), proposing the allotment of Channel 295C3 to Franklin, Louisiana, as the community's second local FM service. Petitioner filed comments reaffirming her intention to apply for Channel 295C3 if allotted to Franklin. White Castle Broadcasting ("White Castle") filed a counterproposal. Petitioner filed a Motion to Dismiss and Opposition to White Castle's counterproposal. 2. We are dismissing the counterproposal filed by White Castle proposing the allotment of Channel 295A to White Castle, Louisiana. The Notice in this proceeding specifically required that counterproposals be filed by October 7, 1996. See also Section 1.420(d) of the Rules. Section 1.420(e) requires an original and four copies. In this situation, White Castle faxed a single copy of its counterproposal on October 7, 1996. This does not comply with Section 1.420(e) of the Rules. Section 1.420(e) specifically requires an original and four copies of a counterproposal. This is necessary to provide copies to the public file and the appropriate processing staff. In view of the large number of broadcast allotment proceedings, it would not be conducive to the efficient transaction of Commission business for us to make these copies. As such, we must strictly adhere to Section 1.420(e) of the Rules. 3. In this instance, accepting a faxed copy would also be contrary to a Commission Notice of Proposed Rule Making in GC Docket No. 97-113, ("Electronic Filing of Documents in Rulemaking Proceedings"), 12 FCC Rcd 5150 (1997). In Electronic Filing, the Commission specifically excluded broadcast allotment proceedings from the ambit of that proceeding. We see no basis to depart from that Commission directive and accept an electronically filed counterproposal into this proceeding. 4. On October 8, 1996, White Castle submitted an original and four copies of its counterproposal. This submission is untimely and cannot be considered in the context of MM Docket No. 96-170. We see no reason to depart from our practice of strict enforcement of Section 1.420(d) of the Rules. Accepting an untimely counterproposal would be unfair to other parties in a proceeding who have complied with all procedural requirements. In addition, our policy of strict enforcement is the procedural cornerstone necessary for freezing a record in an allotment proceeding which is critical to the processing of a large number of allotment proceedings. See Grove City, Pennsylvania and Hubbard, Ohio, 6 FCC Rcd 7114 (1991). 5. Based on the record before us, we believe the public interest would be served by the allotment of Channel 295C3 to Franklin, since it could provide the community with an additional FM service. Channel 295C3 can be allotted to Franklin in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. 6. Accordingly, pursuant to the authority contained 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 ORDERED, That effective January 20, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Franklin, Louisiana 295C3 7. A filing window for Channel 295C3 at Franklin, Louisiana, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 8. IT IS FURTHER ORDERED, That the counterproposal filed by White Castle Broadcasting (RM-9057) requesting the allotment of Channel 295A to White Castle, Louisiana, IS DISMISSED. 9. IT IS FURTHER ORDERED, That the petition for rule making filed by Investors Broadcasting Group, Inc., requesting the substitution of Channel 295A for Channel 288A at Franklin, Louisiana, IS DISMISSED. 10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 11. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau