FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,356
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-479
In the Matter of
Amendment of 73.202(b), RM-5505
Table of Allotments,
FM Broadcast Stations.
(Bismarck, North Dakota)
NOTICE OF PROPOSED RULE MAKING
Adopted: December 4, 1986 Released: December 31, 1986
Chief, Allocations Branch:
1. The Commission has before it the petition for rule
making submitted by BDF Broadcasting, Inc.
("petitioner") requesting the allocation of Channel 254 to
Bismarck, North Dakota, as the community's fourth local
FM service. Channel 254 can be allocated in compliance
with the Commission's minimum distance separation and
other technical requirements without the imposition of a
site restriction. Petitioner states that it will apply for the
channel, if allocated.
2. Bismarck is located within 320 kilometers (200
miles) of the U.S.-Canadian border. Therefore, the concurrence
of the Canadian Government must be obtained
before the channel can be allocated.
3. We believe the public interest would be served by
proposing the channel allotment, as requested, since it
could provide Bismarck with an additional radio service.
Accordingly, we propose to amend the FM Table of
Allotments, Sec. 73.202(b) of the Commission's Rules, for
the community listed below to read as follows:
225, 233, 243
225, 233, 243, 254
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 if such comments
should be served on the petitioners, or their counsel
or consultant. as follows:
Matthew H. McCormick
Reddy, Begley and Martin
2033 M Street, N.W.
Washington, D.C. 20036
(Counsel to 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, 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
7. 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 parte 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 pane 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
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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/m1/95/: accessed May 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.