FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,354
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-478
In the Matter of
Amendment of Section 73.202(b), RM-5484
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. A petition for rule making was filed by The Venture
Group, Inc., ("petitioner"), licensee of Station KSEY-FM,
Channel 232A at Seymour, Texas, requesting the substitution
of Class C2 Channel 231 for Channel 232A and
modification of its license to specify operation on the new
2. We believe the petitioner's proposal warrants consideration.
The substitution can be made in compliance with
the Commission's minimum distance separation requirements
with a site restriction of 10.3 kilometers (6.4 miles)
west of the city to avoid a short spacing to Station
KESS(FM), Channel 231, Fort Worth, Texas.
3. In accordance with the recent amendment of Sec.
1.420(g) of the Commission's Rules, we shall propose to
modify the license of Station KSEY-FM to specify operation
on Channel 231C2. We shall not accept other interests
in the use of the proposed channel at Seymour. See
Modification of FM Broadcast Licenses to Higher Class
Co-channel or Adjacent Channels, MM Docket No. 85-313,
51 FR 20290, June 4, 1986.
4. Accordingly, in order to provide Seymour with its
first wide coverage FM station, the Commission proposes
to amend the FM Table of Allotments, Sec. 73.202(b) of
the Rules, with regard to the following community:
5. 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.
6. 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:
Eugene T. Smith, Esquire
715 G Street, S.E.
Washington, D.C. 20003
(Counsel for petitioner)
7. 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, Sec. 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
8. For further information concerning this proceeding,
contact Patricia Rawlings, 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 pane 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 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
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
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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/m1/93/: accessed August 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.