Federal Communications Commission DA 10-488
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Amendment ofSection 73 .202(b),
Table ofAllotments,
FM Broadcast Stations.
(Amboy, California)
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MB Docket No. 10-63
RM-1l597
NOTICE OF PROPOSED RULE MAKING
Adopted: March 24, 2010
Comment Date: May 17, 2010
Reply Date: June 1, 2010
By the Assistant Chief, Audio Division, Media Bureau:
Released: March 26, 2010
I. The Audio Division has before it a Petition for Rule Making filed by Sunnylands
Broadcasting, LLC ("Petitioner"), proposing to allot Channel 284A at Amboy, California. The purpose
ofthe requested allotment is to maintain Amboy's first local service. Petitioner is the auction winner of
Permit MM-FM633-A in Auction 79, for Channel 237A, Amboy, but the station has neither been
constructed nor become operational. Petitioner has submitted a Form 301 application for a construction
permit, proposing a minor change in its winning bid by modifying the allottnent from Channel 237A,
Amboy, California, to Channel 238A, Twentynine Palms, California.! Concurrently, Petitioner submitted
a petition for rule making to allot Channel 284A at Amboy, in order to maintain a first local service at
that community. Petitioner also submitted a Form 301 with the requisite fee seeking authority to
construct FM Channel 284A at Amboy"
2. We believe that the proposal to allot Channel 284A at Amboy, California, warrants
consideration. The proposed allotment will maintain a potential first local service at Amboy while
accommodating Petitioner's proposed change of community oflicense from Channel 237A at Amboy to
Channel 238A at Twentynine Palms, California, thereby also providing a fifth potential local service to
Twentynine Palms. Because Petitioner is not yet providing service at Amboy, nor has Petitioner
constructed facilities to provide such service, this "backfill" proposal is consistent with the policy
articulated in Pacific Broadcasting ofMissouri LLC.
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I File No. BNPH-20091016ADU.
2 File No. BNPH-2009101 6ADV.
3 Pacific Broadcasting ofMissouri UC, (Letter Ref. No. 1800B3-LAS [M.Bur. Dec. 21, 2001 n, app. for rev.
denied, Memorandum Opinion and Order, 18 FCC Rcd 2291 (2003), recon. denied, Memorandum Opinion and
Order, 19 FCC Rcd 10950 (2004).
Federal Communications Commission DA 10-488
3. A staff engineering analysis indicates that Channel 284A can be allotted at Amboy,
consistent with the minimum distance separation requirements ofthe Commission's rules, at the
coordinates for the existing allotment: 34-36-00 NL and 115-40-52 WL, with a site restriction of7.5 km
(4.6 miles) northeast ofthe community. In addition, concurrence by the Government ofMexico is
required for the allotment ofChannel 284A at Amboy, California, because the proposed allotment is
located within 320 kilometers (199 miles) ofthe U.S.-Mexican border. Accordingly, we seek comment
on amendment ofthe FM Table ofAllotments, 47 C.F.R. Section 73.202(b), to allot Channel 284A at
Amboy, California:
Community
Amboy, California
Present Proposed
284A
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.
5. Pursuant to Sections 1.415 and 1.419 ofthe Commission's Rules,' interested parties may file
comments on or before May 17, 2010 and reply comments on or before June 1,2010, and are advised to
read the Appendix for the proper procedures. Comments should be filed with the Federal
Communications Commission, Office ofthe Secretary, 445 Twelfth Street, SW, TW-A325, Washington,
D.C. 20554. Additionally, a copy ofany filing should be served on counsel for Petitioner as follows:
Peter Gutmann, Esq.
Womble Carlyle Sandridge & Rice, PLLC
1401 I Street, N.W. - 7
th
Floor
Washington, DC 20005
(Counsel for Sunnylands Broadcasting, LLC)
6. Parties must file an original and four paper copies ofeach 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 Georgia 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 ofbefore 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 12
th
Street, SW, Washington, D.C. 20554. All filings must he
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 he treated as filed on
? See 47 C.F.R. §§1.415 and 1.419.
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Federal Communications Commission DA 10-488
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 ofAllotments, Section
73 .202(b) ofthe Commission's Rules.' 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 ReliefAct of2002, Public
Law 107-198.
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8. 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 exparte presentations are permitted from the time the
Commission adopts a Notice ofProposed 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 prohihited ifspecifically requested by the Commission or staff
for the clarification or adduction ofevidence or resolution of issues in the proceeding. However, any
new written information elicited from such a request or any summary ofany new information shan 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 exparte 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
John A. Karousos
Assistant Chief
Audio Division
Media Bureau
, See Certification that Section 603 and 604 ofthe Regulatory Flexibility Do Not Apply to Rule Making to Amend
Sections 73.202(b), 73.504 and 73.606(b) ofthe Commission's Rules, 46 Fed.Reg. 11549 (February 9,1981).
6 See 44 U.S.C. 3506(c)(4).
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Federal Communications Commission
APPENDIX
DA 10-488
I. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(I), 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 ofAllotments, 47
C.F.R. Section 73.202(b), as set forth in the Notice ofProposed 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 ofa proposed allotment is also
expected to file comments even ifit 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, ifauthorized, to build
a station promptly. Failure to file may lead to denial ofthe request.
3. Cut-offprotection. The following procedures will govern the consideration offilings in this
proceeding.
(a) Counterproposals advanced in this proceeding itselfwill be considered, ifadvanced 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 ofa counterproposal may lead the Commission to allot a different channel than was
requested for any ofthe 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 ofProposed Rule Making to which this Appendix is attached. All
submissions by parties to this proceeding or by persons acting on behalfofsuch 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 ofservice shall accompany such comments and reply
comments (see 47 C.F.R. Section 1.420(3), (b) and (c).) Comments should be filed with the Secretary,
Federal Communications Commission, Washington, D.C. 20554.
5. Number ofCopies. In accordance with the provisions of 47 C.F.R. Section 1.420, an original
and four copies ofall comments, reply comments, pleadings, briefs, or other documents shall be
furnished the Commission.
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Federal Communications Commission
DA 10-488
6. Public Inspection ofFilings. All filings made in this proceeding will be available for
examination by interestedparties during regular business hours in the Commission's Reference
Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C.
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