FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,338
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-472
Amendment of Section 73.606(b), RM-5581
Table of Assignments,
TV Broadcast Stations
NOTICE OF PROPOSED RULE MAKING
Adopted: November 28, 1986 Released: December 31, 1986
By the Chief, Allocations Branch:
1. The Commission herein considers a petition for rule
making filed by Guahan Airwaves Corporation ("Guahan
Airwaves") requesting the assignment of UHF television
Channel 14 to Tamuning, Guam, as its first television
channel. Petitioner stated its intention to apply for the
2. Tamuning (population 8,862) 1 is said to be the
second largest community in Guam. It is currently without
local broadcast service.
3. We believe that the petitioner's proposal warrants
consideration. The proposal meets all the spacing requirements
of Section 73.610 of the Rules, and could provide
for a first local television service at Tamuning. In view of
the above, comments are invited on the proposal to
amend the Television Table of Assignments with regard to
the following community:
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 19, 1987, and reply comments on or before
March 6, 1987, and are advised to read the Appendix for
the proper procedures. Additionally, a copy of such comments
should be served on the petitioners, or their counsel
or consultant, as follows:
Guahan Airwaves Corporation
c/o George H. Shapiro
Arent, Fox, Kintner, Plotkin
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
(Counsel for 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 73.606(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 Montrose H. Tyree, 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 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 partne
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
Mark N. Lipp
Chief, Allocations Branch
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
3. Cut-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)
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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/m1/77/: accessed June 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.