11 FCC Rcd No. 6 Federal Communications Commission Record DA 96-218 to modify the license for Station KRRY to specify opera- Before the tion on Channel 265C2 in accordance with Section Federal Communications Commission 1.420(g) of the Commission's Rules. Washington, D.C. 20554 3. We shall also seek comments as to whether we should delete Channel 265A at Canton, Illinois, to accommodate the upgrade at Canton, Missouri. Channel 265A was allot- ted to Canton, Illinois, in BC Docket 81-408, released MM Docket No. 96-32 December 3, 1981, with an effective date of February 1, 1982. A mini window was opened for Channel 265A on In the Matter of October 4, 1995, and closed on October 11, 1995. The channel is currently vacant with no applications on file at Amendment of Section 73.202(b), RM-8719 the Commission. If an expression of interest is filed during Table of Allotments, the comment cycle in this proceeding, we would allot Channel 252A to Canton, Illinois, and open a filing win- FM Broadcast Stations. dow for the new channel. It is Commission policy not to (Canton, Illinois and delete a channel in which interest has been expressed. Canton, Missouri) However, if no interest is expressed for a channel at Can- ton, Illinois, we shall delete Channel 265A and no sub- stitute allotment will be made to the community. NOTICE OF PROPOSED RULE MAKING 4. In view of the above, the Commission believes it is in the public interest to propose amending the FM Table of Adopted: February 21, 1996; Released: March 6, 1996 • Allotments, Section 73.202(b) of the Commission's Rules with respect to the following communities: Comment Date: April 29, 1996 Reply Comment Date: May 14, 1996 OPTION I By the Chief, Allocations Branch: Channel No. 1. Before the Commission for consideration is a petition Community Present Proposed for rule making filed by Bick Broadcasting Co. ("peti- Canton, Illinois 265A, 300B1 252A, 300B1 tioner"), requesting the substitution of Channel 265C2 for Canton, Missouri 265C3 265C2 Channel 265C3 at Canton, Missouri, and modification of the license for Station KRRY to specify operation on the higher class channel.' Petitioner also requests the substitu- OPTION H tion of Channel 252A for vacant Channel 265A at Canton. Canton, Illinois 265A, 300B1 300B1 Illinois, to accommodate the proposal for Canton. Mis- souri. Petitioner submitted information in support of the Canton, Missouri 265C3 265C2 proposal and expressed an intention to apply for Channel 265C2 at Canton, Missouri. 5. The Commission's authority to institute rule making 2. We believe petitioner's proposal warrants consider- proceedings. showings required. cut-off procedures, and fil- ation because the proposed allotment at Canton. Missouri. ing requirements are contained in the attached Appendix will provide the community with expanded service. Chan- and are incorporated by reference herein. In particular, we nel 265C2 can be allotted to Canton. Missouri, in compli- note that a showing of continuing interest is required by ance with the Commission's spacing requirements at paragraph 2 of the Appendix before a channel will be petitioner's selected site.2 To accommodate Channel 265C2 allotted. at Canton. Missouri, petitioner requests the substitution of 6. Interested parties may file comments on or before Channel 252A for vacant Channel 265A at Canton. Illinois. April 29, 1996, and reply comments on or before May 14, Channel 252A can be allotted to Canton. Illinois. in com- 1996. and are advised to read the Appendix for the proper pliance with the Commissions rules, at a site 3.9 kilometers procedures. Comments should be filed with the Secretary, (2.4 miles) west of the community.3 We shall also propose Although petitioner's request indicates that the original copy Concerning Abuses of the Commission's Processes. 5 FCC rcd of its proposal was signed, it failed to include an affidavit 3911, n.41 (1990). Petitioner is requested to rectify this omission verifying that the statements contained in its petition were in its comments. accurate to the best of its knowledge. Section 1.52 of the Corn- 2 The coordinates for Channel 265C2 at Canton, Missouri, are missions Rules requires that the original of any document filed 40-07-33 and 91-31-42. with the Commission by a party not represented by counsel The coordinates for Channel 252A at Canton, Illinois, are shall be signed and verified by the party and his/her address 40-32-46 and 90-04-59. Channel 300B1 was substituted for Chan- stated. In the absence of such verification, the petition may be nel 252A at Canton, Illinois, and the license for Station WBYS- dismissed. Section 1.401(b) of the Commissions Rules concern- FM modified to specify operation on Channel 300B1 in MM ing rule making proceedings places petitioners on notice that Docket No. 86-489. See 3 FCC Rcd 5824 (1988). Station WBYS- their proposal must conform with the requirements of Section FM has a Construction permit for Channel 300B1 at Canton. 1.52 regarding subscription and verification. See also Amend- Illinois (BPI-I-9507191C). The grant of a license for Channel men: of Sections 1.420 and 73.3584 of the Commission's rules 252A at Canton, Illinois, may be withheld until Station WBYS- FM is licensed on Channel 300B1. 2937 DA 96-218 Federal Communications Commission Record 11 FCC Rcd No. 6 Federal Communications Commission, Washington, D.C. 2. Showings Required. Comments are invited on the pro- 20554. Additionally, a copy of such comments should be posal(s) discussed in the Notice of Proposed Rule Making to served on the petitioner, as follows: which this Appendix is attached. Proponent(s) will be ex- pected to answer whatever questions are presented in initial James E. Janes, President comments. The proponent of a proposed allotment is also expected to file comments even if it only resubmits or Bick Broadcasting Co. incorporates by reference its former pleadings. It should 119 North Third Street also restate its present intention to apply for the channel if it is allotted and, if authorized, to build a station promptly. Hannibal, Missouri 63401 Failure to file may lead to denial of the request. 3. Cut-off Procedures. The following procedures will gov- 7. The Commission has determined that the relevant ern the consideration of filings in this proceeding. provisions of the Regulatory 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 (a) Counterproposals advanced in this proceeding Rules. See Certification that Sections 603 and 604 of the itself will be considered if advanced in initial com- Regulatory Flexibility Act Do Not Apply to Rule Making to ments, so that parties may comment on them in Amend Sections 73.202(b), 73.504 and 73.606(b) of the reply comments. They will not be considered if ad- Commission's Rules, 46 FR 11549, February 9, 1981. vanced in reply comments. (See Section 1.420(d) of 8. For further information concerning this proceeding, the Commission's Rules.) contact Kathleen Scheuerle. Mass Media Bureau, (202) (b) With respect to petitions for rule making which 418-2180. For purposes of this restricted notice and com- conflict with the proposal(s) in this Notice, they will ment rule making proceeding, members of the public are be considered as comments in the proceeding, and advised that no ex parte presentations are permitted from Public Notice to this effect will be given as long as the time the Commission adopts a Notice of Proposed Rule they are filed before the date for filing initial com- Making until the proceeding has been decided and such ments herein. If they are filed later than that, they decision is no longer subject to reconsideration by the will not be considered in connection with the de- Commission or review by any court. An ex parte presenta- cision in this docket. tion is not prohibited if specifically requested by the Com- (c) The filing of a counterproposal may lead the mission or staff for the clarification or adduction of Commission to allot a different channel than was evidence or resolution of issues in the proceeding. How- requested for any of the communities involved. ever, 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 4. Comments and Reply Comments; Service. Pursuant to other parties to the proceeding unless the Commission applicable procedures set out in Sections 1.415 and 1.420 specifically waives this service requirement. Any comment of the Commission's Rules and Regulations, interested par- which has not been served on the petitioner constitutes an ties may file comments and reply comments on or before ex porte presentation and shall not be considered in the the dates set forth in the Notice of Proposed Rule Making to proceeding. Any reply comment which has not been served which this Appendix is attached. All submissions by parties on the person(s) who filed the comment, to which the to this proceeding or by persons acting on behalf of such reply is directed, constitutes an ex pane presentation and parties must be made in written comments, repty com- shall not he considered in this proceeding. ments, 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 FEDERAL COMMUNICATIONS COMMISSION comments to which the reply is directed. Such comments and reply comments shall he accompanied by a certificate of service.