FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,340
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-477
Amendment of Section 73.202(b) RM-5540
Table of Allotments
FM Broadcast Stations
NOTICE OF PROPOSED RULE MAKING
Adopted: December 4, 1986 Released: December 31, 1986
By the Chief, Allocations Branch:
1. The Commission herein considers a petition for rule
making filed by Breeze 94, Inc., licensee of Station
WMUM(FM), Marathon, Florida, which seeks to substitute
Channel 234C2 for Channel 232A and to modify
its license to specify operation on the Class C2 channel.
The substitution can be made in compliance with the
minimum distance separation requirements. l
2. In accordance with our established policy, we shall
propose to modify the license for Station WMUM(FM),
Channel 232A, to specify operation on Channel 234C2.
Pursuant to the recent amendment to Section 1.420(g) of
the Rules, the modification can be implemented without
a showing that an equivalent channel is available to
Marathon. See Modification of FM Broadcast Licenses to
Higher Class Adjacent and Co-Channels, 51 FR 20290,
June 4, 1986, 60 RR 2d 114 (1986).
3. In order to provide Marathon with an opportunity
for its first wide area coverage FM station, the Commission
proposes to amend the FM Table of Allotments,
Section 73.202(b) of the Rules, with regard to Marathon
John M. Spencer
Leibowitz and Spencer
2000 Pennsylvania Ave., N.W.
Washington, D.C. 20006
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, 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 parte
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
Policy and Rules Division
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 20, 1987, and reply comments on or before
March 9 ,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:
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 pre-
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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/m1/79/: accessed February 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.