FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,328
ii, 1267-1368, ii p. ; 28 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Federal Communications Commission Record
DA 86-329
Before the
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-453
Amendment of Section 73.202(b), RM-5585
Table of Allotments,
FM Broadcast Stations.
(Bennington, Nebraska)
NOTICE OF PROPOSED RULE MAKING
Adopted: November 20, 1986; Released: December 31, 1986
By the Chief, Allocations Branch:
1. The Commission has before it a petition for rule
making submitted on behalf of John Tynan ("petitioner")
requesting the allocation of Channel 227A to Bennington,
Nebraska, as the community,s first local FM service. Petitioner
states that it will apply for the channel, if allocated.
Channel 227A can be allocated to Bennington in compliance
with the Commission's minimum distance separation
and other technical requirements with a site
restriction of 1.8 kilometers (1.1 miles) east to avoid a
short-spacing to Station KKYA, Channel 226, Yankton,
South Dakota. The allotment is also contingent upon
Station KDWZ, Channel 227, Des Moines, Iowa, being
licensed at the transmitter site and with the increased
facilities specified in its construction permit
(BPH-830906AF).
2. We believe the public interest would be served by
proposing the allocation of Channel 227A to Bennington
since it could provide the community with its first local
FM service. Accordingly, we propose to amend the FM
Table of Allotments, Section 73.202(b) of the Commission's
Rules, for the community listed below, to read as
follows:Channel No.
City
Present
Bennington, Nebraska
227A
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. NOTE: A
showing of continuing interest is required by paragraph 2
of the Appendix before a channel will be allotted.
5. Interested parties may file comments on or before
February 23, 1987, and reply comments on or before
March 23 , 1987, and are advised to read the Appendix
for the proper procedures. Additionally, a copy of such
comments should be served on the petitioner, or its
counsel or consultant, as follows:James E. Price
Sterling Communications, Inc.
P.O. Box 80484
Chattanooga, Tennessee 37411-7484
(Consultant to Petitioner)6. The Commission has determined that the relevant
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
Rules. See Certificationthat 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.
7. For further information concerning this proceeding,
contact Leslie K. Shapiro, Mass Media Bureau, (202)
634-6530. However, members of the public should note
that from the time a Notice of Proposed Rule Making is
issued until the matter is no longer subject to Commission
consideration or court review, all ex parte contacts
are prohibited in Commission proceedings, such as this
one, which involve channel allotments. An ex parte contact
is a message (spoken or written) concerning the
merits of a pending rule making, other than comments
officially filed at the Commission, or oral presentation
required by the Commission. Any comment which has
not been served on the petitioner constitutes an ex pane
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 pane presentation and shall
not be considered in the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
Mark N. Lipp
Chief, Allocations Branch
Policy and Rules DivisionAPPENDIX
1. Pursuant to authority found in Sections 4(i), 5(d)(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
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Federal Communications Commission. FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987, book, January 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1579/m1/67/?rotate=90: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.