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Federal Communications Commission DA 10-489
Before the
Federal Communications Commission
Washington, D.C. 20554~FLE COPY OP.IGIlJi.L.
In the Matter of
Amendment ofSection 73 .202(b),
Table ofAllotments,
PM Broadcast Stations.
(Jewett, Texas)
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MB Docket No. 10-65 FC
RM-11595
NOTICE OF PROPOSED RULE MAKING
Adopted: March 24, 2010
Comment Date: May 17, 2010
Reply Comment 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 Rulemaking filed by Charles Crawford
("Petitioner"), requesting the allotment of PM Channel 232A at Jewett, Texas, as a fIrst local service.
The Petitioner states his intention to apply for the channel, ifallotted. In compliance with the
Commission's new procedures, the Petitioner concurrently filed a construction permit application for the
requested channel at Jewett, Texas, and paid the necessary filing fee.'
2. The Petitioner contends that Jewett is a community deserving ofa new broadcast service. In
support ofthis position, the Petitioner states that Jewett is an incorporated community with a population
of 861 persons. The Petitioner contends that Jewett has its own post offlce, volunteer fIre department,
community center, Chamber of Commerce, 100 businesses, and a number oflocal churches.
3. The proposal warrants consideration because Channel 232A could provide a fIrst local aural
service to Jewett. A staffengineering analysis reveals that Channel 232A can be allotted to Jewett in
compliance with the Commission's minimum distance separation requirements with a site restriction of
9.6 kilometers (5.9 miles) southeast ofthe community.2 The reference coordinates for proposed Channel
232A at Jewett are 31-18-56 NL and 96-03-32 WL.
4. Accordingly, we seek comment on the proposed amendment ofthe PM Table ofAllotments,
Section 73.202(b) ofthe Commission's Rules, for the community listed below, to read as follows:
Community
Jewett, Texas
, See Pile No. BNPH-20091106AAR.
247 C.P.R. § 73.207.
Present Proposed
232A
Federal Communications Commission DA 10-489
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. In particular, we note that a showing of continuing interest is required by paragraph 2 of
the Appendix before a channel will be allotted.
6. Pursuant to Sections 1.415 and 1.419 ofthe Corrunission's Rules, interested parties may file
comments on or before May 17, 2010 and reply comments on or before June I, 2010, and are advised to
read the Appendix for the proper procedures. Comments should be filed with the Federal
Communications Conimission, Office ofthe Secretary, 445 Twelfth Street, SW, TW-A325, Washington,
D.C. 20554. Additionally, a copy ofsuch comments should be served on the petitioner, as follows:
Charles Crawford
2215 Cedar Springs Rd., #1605
Dallas, Texas 75201
(petitioner )
7. Parties are requested file an original and four 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 12''' Street, SW, Washington, D.C. 20554. All filings must be
addressed to Marlene H. Dortch, Secretary, Federal Communications Commission, Office ofthe
Secretary. Any filing that is not addressed to the Office ofthe Secretary will be treated as flied on
the day it is received in the Office ofthe Secretary. See 47 C.F.R. § 1.7. Accordingly, failure to
follow the specified requirements may result in the treatment ofa filing as untimely.
8. The Commission has determined that the relevant provisions ofthe 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 coIlection
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 of2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4).
9. For further information concerning this proceeding, contact Andrew J. Rhodes, Media Bureau
(202) 418-2180. For purposes ofthis restricted notice and comment rule making proceeding, 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 prohibited ifspecifically requested by the Commission or stafffor the
clarification or adduction ofevidence or resolution ofissues in the proceeding. However, any new
written information elicited from such a request or any summary ofany new information shall be served
by the person making the presentation upon the other parties to the proceeding unless the Commission
J See Certification that Section 603 and 604 ofthe Regulatory Flexibility Act Do Not Apply to Rule Making to
Amend Sections 73.202(b), 73.504 and 73.606(b) ofthe Commission's Rules. 46 FR 11549 (February 9,1981).
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Federal Communications Commission DA 10-489
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 the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos
Assistant Chief
Audio Division
Media Bureau
Attachment: Appendix
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Federal Communications Commission
APPENDIX
DA 10-489
1. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(l), 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 ifit is allotted and, if authorized, to build a
station promptly. Failure to file may lead to denial ofthe 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 inreply 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. Ifthey 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 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 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. Section 1.420(a), (b) and (c).) Comments should be filed with the Office of the Secretary, Federal
Communications Commission, 445 12th Street, SW., TW-A325, Washington, D.C. 20554.
5. Number ofCopies. In accordance with the provisions of47 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 ofFilings. 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 1i
h
Street, SW, Washington, D.C.
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