FEOF FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Recorded listing of releases and texts 202/418-2222 REVIEW BOARD OPERATIONS TERMINATED DA 96-624 On January 23, 1996, the Commission announced, subject to Congressional clearance, its decision to eliminate the Review Board. The pertinent Congressional Committees have now completed their review and have approved this action. Accordingly, elimination of the Review Board is now effective. By the General Counsel. the 1. The Commission has before it the petition for rule making filed by Victor A. Michael, Jr. ("petitioner") requesting the allotment of Channel 290A to Bear Creek, Pennsylvania, as its first local FM service. Petitioner states that he will apply for the channel, if allotted. 2. Section 307(b) of the Communications Act of 1934, as amended, mandates that the Commission fairly, equitably, and efficiently distribute frequencies"... among the several States and communities." The Commission has defined "communities" as geographically identifiable population groupings. Generally, if a community is incorporated or is listed in the U.S. Census, that is sufficient to demonstrate its status. Petitioner states that Bear Creek, located within Luzerne County, has a population of 250 persons according to the 1990 U.S. Census. However, our examination of the 1990 U.S. Census shows that only Bear Creek Township is listed, with a population of 2,897 persons.' Therefore, the petitioner should present the Commission with sufficient information to demonstrate that Bear Creek is incorporated, or that it has social, economic, cultural, or governmental indicia to qualify it as a "community" for allotment purposes. See, e.g., Beaver Springs, Pennsylvania, 4 FCC Rcd 5373 (1989), Sargent, Nebraska, 4 FCC Rcd 3933 (1989), Bartow, Georgia, et al., 4 FCC Rcd 6876 (1989), East Hemet, California, et al., 4 FCC Rcd 7895 (1989), and Ellwood, California, 50 Fed. Reg. 13031, published April 2, 1985. If petitioner wishes the allotment to be made to Bear Creek Township, he is also requested to 1 1 We note that Bear Creek is listed in the 1995 Rand McNally Commercial Atlas and attributed with a population of 250 persons. However, mere geographical location is not sufficient to establish "community" status. See, Vimville, Mississippi, 48 FR 5974 (1983), Hannibal, Ohio, 6 FCC Rcd 2144 (1991), and Columbia, California, 56 FR 26357 (1991), 6 FCC Rcd 3292 (1991). provide specific boundaries in order to confirm that a Class A channel can provide the entire township with a city-grade 70 dBu signal. Technical Summary 3. Channel 290A can be allotted to Bear Creek in compliance with the Commission's minimum distance separation requirements, with a site restriction of 6.2 kilometers (3.9 miles) southeast. This site restriction is necessary to avoid short-spacings to Stations WMRV, Channel 289B, Endicott, New York, and WHLM, Channel 293B, Bloomsburg, Pennsylvania. Canadian concurrence in the allotment is required since Bear Creek is located within 320 kilometers (200 miles) of the U.S.-Canadian border. 4. We believe petitioner's proposal warrants consideration since the allotment of Channel 290A could provide Bear Creek with its first local aural service, if it is determined to be a community for allotment purposes. Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows: City Bear Creek, Pennsylvania Present Channel No. 290A 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. Interested parties may file comments on or before September 9, 1996, and reply comments on or before September 24, 1996, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: Victor A. Michael, Jr. 7901 Stoneridge Drive Cheyenne, Wyoming 82001 2 The coordinates for Channel 290A at Bear Creek is 41-08-51 North Latitude and 75-41-43 West Longitude. Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 8. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. For purposes of this restricted notice and comment rule making proceeding, 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 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 a summary of any new oral information shall be served by the person making the presentation upon the other parties to the proceeding 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 the proceeding. FEDERAL COMMUNICATIONS COMMISSION Attachment: Appendix John A. Karousos Chief, Allocations Branch 1. Pursuant to authority found 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 PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the Commission's Rules and Regulations, 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 Section 1.420(d) of the Commission's Rules). (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. 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 Sections 1.415 and 1.420 of the Commission's Rules and Regulations, 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. 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 Section 1.420(a), (b) and (c) of the Commission's Rules.) Comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. |