FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,336
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Federal Communications Commission Record
Federal Communications Commissioy
Washington, D.C. 20554
MM Docket No. 86-471
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations.
NOTICE OF PROPOSED RULE MAKI
Adopted: November 28, 1986 Released: Decemi
By the Chief, Allocations Branch:
1. Before the Commission for consideration
tion for rule making filed on behalf of
("petitioner"), licensee of Station KDAP(AM
Arizona. seeking the allotment of channel 2,
community as its second local FM service. Fe
provided the requisite intent to apply for the
2. Channel 243A can be allotted to Dougla
mity with the minimum distance separation r
of Section 73.207 of the Commission's Rule!
ally, since Douglas is located within 320 kilo
miles) of the U.S.-Mexico border, the Comm
obtain concurrence of the Mexican Governr
3. In view of the above, and in order
Douglas with its second local FM service, the 4
believes it is appropriate to solicit come
petitioner's proposal. Accordingly, the Comn
poses to amend the FM Table of Allotme:
73.202(b) of the Commission's Rules, with ra
community listed below, as follows:
4. The Commission's authority to institute
proceedings, showings required, cut-off proc
filing requirements are contained in the attac
dix and are incorporated by reference herein
showing of continuing interest is required by
of the Appendix before a channel will be allot
5. Interested parties may file comments o
February 19, 1987, and reply comments oi
March 6, 1987, and are advised to read the A
the proper procedures. Additionally, a copy c
ments should be served on the petitioner's c
Vir James, P.C.
Attention: Timothy Cutforth, P.E.
3137 W. Kentucky Ave.
Denver, CO 80219
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
5580 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 Fed. Reg. 11549, published February
7. For further information concerning this proceeding,
contact Nancy V. Joyner, Mass Media Bureau, (202}
634-6530. However, members of the public should note
9er ,31,1986 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 pane contacts
are prohibited in Commission proceedings, such as this
i is the peti
one, which involve channel allotments. An ex parte conKDAP,Inc.
tact is a message (spoken or written) concerning the
I), Douglas, merits of a pending rule making, other than comments
43A to that officially filed at the Commission, or oral presentation
ititioner has required by the Commission. Any comment which has
e channel if not been served on the petitioner constitutes an ex parte
presentation and shall not be considered in the proceedts
ing. Any reply comment which has not been served on
equirements the person(s) who filed the comment, to which the reply
is directed, constitutes an ex pane presentation and shall
meters (199 not be considered in the proceeding.
ment in the FEDERAL COMMUNICATIONS COMMISSION
:nts on the
Mark N. Lipp
nts, Section Chief, Allocations Branch
regard to the Policy and Rules Division
Mass Media Bureau
237A, 243A 1. Pursuant to authority found in Sections 4(i), 5(d)(1),
303(g) and (r), and 307(b) of the Communications Act of
rule making 1934, as amended, and Sections 0.61, 0.204(b) and 0.283
:edures, and of the Commission's Rules, IT IS PROPOSED TO
AMEND the FM Table of Allotments, Section 73.202(b)
i. NOTE: A of the Commission's Rules and Regulations, as set forth
paragraph 2 in the Notice of Proposed Rule Making to which this
tted. Appendix is attached.
in or before 2. Showings Required. Comments are invited on the
n or before proposal(s) discussed in the Notice of Proposed Rule
appendix for Making to which this Appendix is attached. Proponent(s)
f such corn
will be expected to answer whatever questions are preonsultant,
as sented 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
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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/m1/75/: accessed January 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.