[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Rules and Regulations]
[Pages 48625-48626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18177]



47 CFR Part 73

[MB Docket No. 12-92; RM-11650, RM-11679, DA 13-1567]

Radio Broadcasting Services; Centerville, Lovelady, Midway, and 
Oakwood, Texas

AGENCY: Federal Communications Commission.

ACTION: Final rule.


SUMMARY: The Media Bureau grants a Petition for Rule Making filed by 
Katherine Pyeatt by allotting alternate FM Channel 251A at Midway, 
Texas, and also grants a Counterproposal filed by Roy E. Henderson for 
a new allotment on Channel 233A at Oakwood, Texas. Additionally, the 
document clarifies the circumstances under which an otherwise timely 
filed counterproposal in an FM allotment proceeding may be amended to 
cure a conflict with a previously filed application. Finally, the 
Bureau bifurcates two hybrid applications filed by Henderson from the 
Counterproposal and will consider them at a later date. See 

DATES: Effective September 9, 2013.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes or Rolanda F. Smith, 
Media Bureau, (202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 12-92, adopted July 11, 2013, and 
released July 12, 2013. See also Notice of Proposed Rule Making, 77 FR 
25112, published April 27, 2012. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center at Portals II, CY-A257, 
445 12th Street SW., Washington, DC 20554. This document may also be 
purchased from the Commission's duplicating contractors, Best Copy and 
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 
20554, telephone 1-800-378-3160 or via email www.BCPIWEB.com. The 
Commission will send a copy of this Report and Order in a report to 
Congress and the Governmental Accountability Office, pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    Provisions of the Regulatory Flexibility Act of l980 do not apply 
to this proceeding.
    Although Henderson's Counterproposal was timely filed on the 
counterproposal deadline of May 29, 2012, a conflicting minor 
modification application was filed on May 21, 2012. Under the Note to 
Section 73.208(a)(3) of the Commission's Rules, if an otherwise timely 
filed counterproposal is in conflict with a previously filed 
application, the counterproposal can be considered if it is amended to 
remove the conflict within 15 days from the date the counterproposal 
appears on public notice. The Note also requires a counterproponent to 
show that it could not have known of the pending conflicting FM 
application by exercising due diligence. While Henderson submitted an 
amendment to resolve the conflict within 15 days from the release of 
the Public Notice accepting the counterproposal, the document explains 
that the facts of this case present a close question as to whether the 
necessary ``due diligence'' was exercised that would warrant acceptance 
of the Amendment. Under these circumstances, the Bureau concludes that 
the public interest is, on balance, better served by accepting 
Henderson's amendment and resolving this case on section 307(b) grounds 
than by basing its decision on a tenuous interpretation of the ``due 
diligence'' requirement of the rule.
    The Bureau also clarifies how it will handle similar matters on a 
going-forward basis. First, the Bureau clarifies that prospective 
counterproponents in FM allotment rule making proceedings are required 
to take into account all FM application filings ``released'' by 
Broadcast Actions Public Notices more than 15 days from the 
counterproposal deadline. Unacceptable counterproposals under this fact 
scenario will be dismissed. Second, applicants are required to confirm 
the acceptability of their engineering no more than five business days 
prior to the counterproposal deadline. If changes to the Commission's 
database occur between 5 and 15 days from the counterproposal deadline 
and result in a conflict, the counterproposal must note the conflict 
and must request release of a Public Notice starting a 15-day cure 
period. Failure to note a conflict under these circumstances results in 
dismissal of the counterproposal. Third, the Bureau clarifies that 
conflicting applications announced by Broadcast Actions Public Notices 
less than five business days from the counterproposal deadline do not 
have to be noted or accounted for in an otherwise timely filed 
counterproposal. Under these circumstances, we will issue a Public 
Notice, and counterproponents will have 15 days to resolve the 
    The reference coordinates for Channel 251A at Midway, Texas, are 
31-03-40 NL and 95-45-00 WL. The reference coordinates for Channel 233A 
at Oakwood, Texas, are 31-39-42 NL and 95-52-53 WL. Further, the use of 
alternate Channel 251A at Midway eliminates the need for a related 
channel substitution at Centerville as proposed in the Notice. 
Likewise, Henderson's Amendment to his Counterproposal eliminates the 
need for the substitution of Channel 232A for vacant Channel 288A at 
Lovelady because it proposes to change the reference coordinates for 
Channel 288A at Lovelady in order to accommodate one of the ``hybrid'' 
applications. This aspect of the Counterproposal will be considered at 
a later date along with these non-mutually exclusive applications (File 
Nos. BPH-20120529ADK and BPH-20120529ADI).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:


1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 334, 336 and 339.

[[Page 48626]]

Sec.  73.202  [Amended]

2. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Midway, Channel 251A, and Oakwood, Channel 233A.

[FR Doc. 2013-18177 Filed 8-8-13; 8:45 am]