APPENDIX 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. 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regulations, 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 Center (Room 239) at its headquarters, 1919 M Street, N.W., Washington, D.C. 1. At the request of South Louisiana Broadcasters ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 2981 (1996), proposing the allotment of Channel 295C3 to Franklin, Louisiana, as the community's second local FM service. Bob Holbrook ("Holbrook") filed a counterproposal. No other comments were received. 2. Petitioner failed to file comments stating its intention to apply for Channel 295C3 if allotted to Franklin, Louisiana. As stated in the Notice, a showing of continuing interest is required before a channel will allotted. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest. Therefore, we shall dismiss petitioner's proposal to allot Channel 295C3 to Franklin, Louisiana. See e.g., Joshua Tree, California, 54 FR 18557, May 1, 1989, Senatobia, Mississippi, 3 FCC Rcd 4000 (1988), and paragraph 2 of the Appendix of the Notice. 3. Accordingly, IT IS ORDERED, That the petition for rule making filed by South Louisiana Broadcasters, IS DISMISSED. 4. IT IS FURTHER ORDERED, That the counterproposal filed by Bob Holbrook White Castle, Louisiana, has been added to the caption. 2 In his counterproposal, Holbrook requested the allotment of Channel 295C3 to White Castle, Louisiana, in lieu of its allotment to Franklin, Louisiana. However, Holbrook's counterproposal is procedurally defective and was not placed on public notice. Holbrook failed to serve a copy of his counterproposal on the petitioner and did not provide a certificate of service as required by Section 1.420(a), (b) and (c) of the Commission's Rules and paragraph 4 of the Appendix to the Notice. requesting the allotment of Channel 295C3 to White Castle, Louisiana, IS DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Mass Media Bureau 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table of Allotments. Therefore, we find for good cause that a public notice and comment proceeding is unnecessary. See 5 U.S.C. 553(b)(A) and (B). |