FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,333
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Federal Communications Commission Record
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
11. 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 panre contacts
are prohibited in Commission proceedings, such as this
one, which involve channel allotments. An ex pane 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 parne
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
Ralph A. Haller
Acting Chief, Policy and Rules Division
Mass Media Bureau
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
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
off Procedures. 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 proposal(s) 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
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 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.)
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 F il ings. All filings made in this
proceeding will be available for examination by interested
parties during regular business hours in the Commission's
Public Reference Room at its headquarters, 1919 M
Street, N.W., Washington, D.C.
]. Petitioner, one of sixteen applicants for Channel 288A at
Hilton Head Island, was awarded the construction permit in the
Initial Decision of Administrative Law Judge Joseph Stirmer,
released May 31, 1984, FCC 84D-38. The decision was upheld,
in pertinent part, in separate decisions by the Review Board
and Commission. See Decision, released December 7, 1984, FCC
84R-87, Memorandum Opinion and Order, released January 3,
1986, FCC 86-667. Three of the parties seeking the construction
permit, Plantation Broadcasting Corporation, Heritage Broadcasting
Corporation, and Women's Broadcasting Coalition, Inc.,
have filed an appeal of the denial of their applications to the
U.S. Court of Appeals for the District of Columbia Circuit.
Therefore, since the petitioner's interest is dependent on a
favorable decision, final action herein may be contingent upon
the outcome of the appeals.
2 Station WIXV has been granted a construction permit
(BPH-8510201F) to move its transmitter site and operate with
Class Cl facilities. Should a license be issued specifying the new
location and changed facilities, the allocation of Channel 291C2
at Hilton Head Island would only require a 4.1 kilometer (2.6
mile) east site restriction.
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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.. (digital.library.unt.edu/ark:/67531/metadc1579/m1/72/: accessed March 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.