80_FR_46065 80 FR 45917 - Radio Broadcasting Services; Grant, Oklahoma

80 FR 45917 - Radio Broadcasting Services; Grant, Oklahoma

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 148 (August 3, 2015)

Page Range45917-45918
FR Document2015-18985

This document proposes, at the request of Katherine Pyeatt (``Pyeatt''), the allotment of FM Channel 286A at Grant, Oklahoma. The document also treats a conflicting application (File No. BPH- 20141028AAK) filed by Liberman Broadcasting of Dallas Licensee LLC (``Liberman''), licensee of Station KZMP-FM, Pilot Point, Texas, for a construction permit to implement a previously granted upgrade in KZMP's channel class from Channel 285C1 to 285C0 (``Pilot Point Application'') as a counterproposal. Finally, to accommodate Pyeatt's proposal, an Order to Show Cause is issued to Liberman as to why KZMP's channel class should not be involuntarily downgraded. See SUPPLEMENTARY INFORMATION, supra.

Federal Register, Volume 80 Issue 148 (Monday, August 3, 2015) 
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Proposed Rules]
[Pages 45917-45918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18985]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 15-805; MB Docket No. 15-167; RM-11751]


Radio Broadcasting Services; Grant, Oklahoma

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes, at the request of Katherine Pyeatt 
(``Pyeatt''), the allotment of FM Channel 286A at Grant, Oklahoma. The

[[Page 45918]]

document also treats a conflicting application (File No. BPH-
20141028AAK) filed by Liberman Broadcasting of Dallas Licensee LLC 
(``Liberman''), licensee of Station KZMP-FM, Pilot Point, Texas, for a 
construction permit to implement a previously granted upgrade in KZMP's 
channel class from Channel 285C1 to 285C0 (``Pilot Point Application'') 
as a counterproposal. Finally, to accommodate Pyeatt's proposal, an 
Order to Show Cause is issued to Liberman as to why KZMP's channel 
class should not be involuntarily downgraded. See SUPPLEMENTARY 
INFORMATION, supra.

DATES: Comments must be filed on or before August 31, 2015, and reply 
comments on or before September 15, 2015.

ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth 
Street SW., Washington, DC 20554. In addition to filing comments with 
the FCC, interested parties should serve the rule making petitioner and 
the counter proponent as follows: Katherine Pyeatt, 2215 Cedar Springs 
Rd., #1605, Dallas, Texas 75201; James R. Bayes, Esq., Mark N. Lipp, 
Esq., and Marnie K. Sarver, Esq., Wiley Rein LLP, 1776 K Street NW., 
Washington, DC 20006 (Counsel to Liberman).

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making (``NPRM'') and Order to Show Cause 
(``OSC''), MB Docket No. 15-167, adopted July 9, 2015, and released 
July 10, 2015. 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 Twelfth Street 
SW., Washington, DC 20554. 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).
    The document solicits comment on the proposed allotment of Channel 
286A at Grant (population 289) because it could result in a first local 
service to that community. The proposed reference coordinates for 
Channel 286A at Grant are 33-57-16 NL and 95-36-30 WL. The NPRM also 
addresses Liberman's concerns regarding the credibility of Pyeatt's 
expression of interest in the proposed Grant allotment.
    Next, the OSC proposes the involuntary downgrade of KZMP, Pilot 
Point, Texas, from Channel 285C0 to 285C1 because nearly seven years 
have passed since KZMP was upgraded and Liberman has not implemented 
the upgrade.
    Finally, the NPRM also states that the public interest would be 
served by considering the Pilot Point Application because it could 
result in the provision of service to an additional 1,507,667 people 
and treating it as a counterproposal to Pyeatt's Petition for Rule 
Making. Both Pyeatt and Liberman are invited to submit comments, 
seeking to demonstrate why their proposals better serve the public 
interest under the FM Allotment Priorities. The Pilot Point Application 
reference coordinates are 33-32-14 NL and 96-49-54 WL.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    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. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

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 proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

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


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Oklahoma, is 
amended by adding Grant, Channel 286A.

[FR Doc. 2015-18985 Filed 7-31-15; 8:45 am]
BILLING CODE 6712-01-P

Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules 45917 from Lifeline obligations and page of this document. Comments are to attending or otherwise participating in incorporating the record from the reference WC Docket Nos. 10–90, 14– the meeting at which the ex parte Connect America and USTelecom 192, 11–42, 09–197 and DA 15–851 and presentation was made, and (2) forbearance petition proceedings into may be filed using the Commission’s summarize all data presented and that docket. Electronic Comment Filing System arguments made during the 2. Specifically, the Bureau seeks to (ECFS). See Electronic Filing of presentation. If the presentation refresh the record on the issues that Documents in Rulemaking Proceedings, consisted in whole or in part of the remain pending and how the actions 63 FR 24121 (1998). presentation of data or arguments already taken in the December 2014 • Electronic Filers: Comments may be already reflected in the presenter’s Connect America Order might affect the filed electronically using the Internet by written comments, memoranda or other Commission’s analysis with respect to accessing the ECFS: http://apps.fcc.gov/ filings in the proceeding, the presenter these pending issues in several open ecfs/. may provide citations to such data or dockets. In the December 2014 Connect D Paper Filers: Parties who choose to arguments in his or her prior comments, America Order, the Commission did not file by paper must file an original and memoranda, or other filings (specifying resolve the issues that were raised in the one copy of each filing. If more than one the relevant page and/or paragraph Connect America Fund rulemaking docket or rulemaking number appears in numbers where such data or arguments proceeding and the forbearance petition the caption of this proceeding, filers can be found) in lieu of summarizing regarding possible forbearance or other must submit two additional copies for them in the memorandum. Documents relief from the price cap carriers’ ETC each additional docket or rulemaking shown or given to Commission staff designations or the regulatory number. Filings can be sent by hand or during ex parte meetings are deemed to requirements imposed on ETCs for those messenger delivery, by commercial be written ex parte presentations and census blocks where forbearance was overnight courier, or by first-class or must be filed consistent with rule not granted. Moreover, the Commission overnight U.S. Postal Service mail. All 1.1206(b). In proceedings governed by did not resolve the issue of granting filings must be addressed to the rule 1.49(f) or for which the broader forbearance or other relief from Commission’s Secretary, Office of the Commission has made available a the ETC designations of the price cap Secretary, Federal Communications method of electronic filing, written ex carriers serving the census blocks where Commission. parte presentations and memoranda (1) All hand-delivered or messenger- summarizing oral ex parte limited forbearance was granted. The delivered paper filings for the presentations, and all attachments Commission neither accepted nor Commission’s Secretary must be thereto, must be filed through the rejected commenters’ various delivered to FCC Headquarters at 445 electronic comment filing system arguments—whether in favor of, or 12th St. SW., Room TW–A325, available for that proceeding, and must against—such proposals. These issues Washington, DC 20554. The filing hours be filed in their native format (e.g., .doc, remain pending to the extent originally are 8:00 a.m. to 7:00 p.m. All hand .xml, .ppt, searchable .pdf). Participants raised in the rulemaking proceeding or deliveries must be held together with in this proceeding should familiarize the forbearance proceeding (or both). rubber bands or fasteners. Any themselves with the Commission’s ex II. Procedural Matters envelopes and boxes must be disposed parte rules. of before entering the building. 8. For further information, please 1. Initial Regulatory Flexibility Act (2) Commercial overnight mail (other Analysis contact Heidi Lankau, than U.S. Postal Service Express Mail Telecommunications Access Policy 3. The USF/ICC Transformation and Priority Mail) must be sent to 9300 Division, Wireline Competition Bureau FNPRM and April 2014 Connect East Hampton Drive, Capitol Heights, at 202–418–7400; or at TTY (202) 418– America FNPRM included Initial MD 20743. 0484. Regulatory Flexibility Analyses (IRFAs) (3) U.S. Postal Service first-class, pursuant to 5 U.S.C. 603, exploring the Express, and Priority mail must be Federal Communications Commission. potential impact on small entities of the addressed to 445 12th Street, SW., Ryan B. Palmer, Commission’s proposal concerning Washington DC 20554. Chief, Telecommunications Access Policy potential relief from ETC obligations. 6. People with Disabilities: To request Division, Wireline Competition Bureau. We invite parties to file comments on materials in accessible formats for [FR Doc. 2015–18993 Filed 7–31–15; 8:45 am] the IRFAs in light of this request to people with disabilities (braille, large BILLING CODE 6712–01–P refresh the record. print, electronic files, audio format), send an email to fcc504@fcc.gov or call 2. Paperwork Reduction Analysis the Consumer & Governmental Affairs FEDERAL COMMUNICATIONS 4. This document does not contain Bureau at 202–418–0530 (voice), 202– COMMISSION proposed information collection(s) 418–0432 (tty). 7. This matter shall continue to be 47 CFR Part 73 subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In treated as a ‘‘permit-but-disclose’’ [DA 15–805; MB Docket No. 15–167; RM– addition, therefore, it does not contain proceeding in accordance with the 11751] any new or modified information Commission’s ex parte rules. Persons collection burden for small business making ex parte presentations must file Radio Broadcasting Services; Grant, a copy of any written presentation or a Oklahoma mstockstill on DSK4VPTVN1PROD with PROPOSALS concerns with fewer than 25 employees, pursuant to the Small Business memorandum summarizing any oral AGENCY: Federal Communications Paperwork Relief Act of 2002, Public presentation within two business days Commission. Law 107–198, see 44 U.S.C. 3506(c)(4). after the presentation (unless a different ACTION: Proposed rule. deadline applicable to the Sunshine 3. Filing Requirements period applies). Persons making oral ex SUMMARY: This document proposes, at 5. Interested parties may file parte presentations are reminded that the request of Katherine Pyeatt comments and reply comments on or memoranda summarizing the (‘‘Pyeatt’’), the allotment of FM Channel before the dates indicated on the first presentation must (1) list all persons 286A at Grant, Oklahoma. The VerDate Sep<11>2014 18:22 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\03AUP1.SGM 03AUP1

45918 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules document also treats a conflicting Liberman’s concerns regarding the DEPARTMENT OF DEFENSE application (File No. BPH– credibility of Pyeatt’s expression of 20141028AAK) filed by Liberman interest in the proposed Grant Defense Acquisition Regulations Broadcasting of Dallas Licensee LLC allotment. System (‘‘Liberman’’), licensee of Station Next, the OSC proposes the KZMP–FM, Pilot Point, Texas, for a involuntary downgrade of KZMP, Pilot 48 CFR Parts 202, 212, 215, and 252 construction permit to implement a Point, Texas, from Channel 285C0 to RIN 0750–AI64 previously granted upgrade in KZMP’s 285C1 because nearly seven years have channel class from Channel 285C1 to passed since KZMP was upgraded and Defense Federal Acquisition 285C0 (‘‘Pilot Point Application’’) as a Liberman has not implemented the Regulation Supplement: Evaluating counterproposal. Finally, to upgrade. Price Reasonableness for Commercial accommodate Pyeatt’s proposal, an Finally, the NPRM also states that the Items (DFARS Case 2013–D034) Order to Show Cause is issued to public interest would be served by Liberman as to why KZMP’s channel considering the Pilot Point Application AGENCY: Defense Acquisition class should not be involuntarily because it could result in the provision Regulations System, Department of downgraded. See SUPPLEMENTARY of service to an additional 1,507,667 Defense (DoD). INFORMATION, supra. people and treating it as a ACTION: Proposed rule. DATES: Comments must be filed on or counterproposal to Pyeatt’s Petition for SUMMARY: DoD is proposing to amend before August 31, 2015, and reply Rule Making. Both Pyeatt and Liberman the Defense Federal Acquisition comments on or before September 15, are invited to submit comments, seeking Regulation Supplement (DFARS) to 2015. to demonstrate why their proposals implement a section of the National ADDRESSES: Secretary, Federal better serve the public interest under the Defense Authorization Act for Fiscal Communications Commission, 445 FM Allotment Priorities. The Pilot Point Year 2013 that requires the issuance of Twelfth Street SW., Washington, DC Application reference coordinates are guidance on the use of the authority to 20554. In addition to filing comments 33–32–14 NL and 96–49–54 WL. require the submission of other than Provisions of the Regulatory with the FCC, interested parties should cost or pricing data. serve the rule making petitioner and the Flexibility Act of 1980 do not apply to DATES: Comments on the proposed rule counter proponent as follows: Katherine this proceeding. Members of the public should note should be submitted in writing to the Pyeatt, 2215 Cedar Springs Rd., #1605, address shown below on or before that from the time a Notice of Proposed Dallas, Texas 75201; James R. Bayes, October 2, 2015, to be considered in the Rule Making is issued until the matter Esq., Mark N. Lipp, Esq., and Marnie K. formation of the final rule. is no longer subject to Commission Sarver, Esq., Wiley Rein LLP, 1776 K ADDRESSES: Submit comments consideration or court review, all ex Street NW., Washington, DC 20006 identified by DFARS Case 2013–D034, parte contacts are prohibited in (Counsel to Liberman). using any of the following methods: Commission proceedings, such as this FOR FURTHER INFORMATION CONTACT: Æ Regulations.gov: http:// one, which involve channel allotments. Andrew J. Rhodes, Media Bureau, (202) See 47 CFR 1.1204(b) for rules www.regulations.gov. Submit comments 418–2700. governing permissible ex parte contacts. via the Federal eRulemaking portal by SUPPLEMENTARY INFORMATION: This is a For information regarding proper entering ‘‘DFARS Case 2013–D034’’ synopsis of the Commission’s Notice of filing procedures for comments, see 47 under the heading ‘‘Enter keyword or Proposed Rule Making (‘‘NPRM’’) and CFR 1.415 and 1.420. ID’’ and selecting ‘‘Search.’’ Select the Order to Show Cause (‘‘OSC’’), MB link ‘‘Submit a Comment’’ that Docket No. 15–167, adopted July 9, List of Subjects in 47 CFR Part 73 corresponds with ‘‘DFARS Case 2013– 2015, and released July 10, 2015. The Radio, Radio broadcasting. D034.’’ Follow the instructions provided full text of this Commission decision is Federal Communications Commission. at the ‘‘Submit a Comment’’ screen. available for inspection and copying Please include your name, company during normal business hours in the Nazifa Sawez, name (if any), and ‘‘DFARS Case 2013– FCC’s Reference Information Center at Assistant Chief, Audio Division, Media D034’’ on your attached document. Portals II, CY–A257, 445 Twelfth Street Bureau. Æ Email: osd.dfars@osd.mil. Include SW., Washington, DC 20554. This For the reasons discussed in the DFARS Case 2013–D034 in the subject document does not contain proposed preamble, the Federal Communications line of the message. information collection requirements Commission proposes to amend 47 CFR Æ Fax: 571–372–6094. subject to the Paperwork Reduction Act part 73 as follows: Æ Mail: Defense Acquisition of 1995, Public Law 104–13. In addition, Regulations System, Attn: Mr. Mark therefore, it does not contain any PART 73—RADIO BROADCAST Gomersall, OUSD(AT&L)DPAP/DARS, proposed information collection burden SERVICES Room 3B855, 3060 Defense Pentagon, ‘‘for small business concerns with fewer Washington, DC 20301–3060. than 25 employees,’’ pursuant to the ■ 1. The authority citation for part 73 Comments received generally will be Small Business Paperwork Relief Act of continues to read as follows: posted without change to http:// 2002, Public Law 107–198, see 44 U.S.C. Authority: 47 U.S.C. 154, 303, 334, 336 www.regulations.gov, including any 3506(c)(4). and 339. personal information provided. To mstockstill on DSK4VPTVN1PROD with PROPOSALS The document solicits comment on confirm receipt of your comment(s), § 73.202 [Amended] please check www.regulations.gov, the proposed allotment of Channel 286A at Grant (population 289) because it ■ 2. Section 73.202(b), the Table of FM approximately two to three days after could result in a first local service to Allotments under Oklahoma, is submission to verify posting (except that community. The proposed amended by adding Grant, Channel allow 30 days for posting of comments reference coordinates for Channel 286A 286A. submitted by mail). at Grant are 33–57–16 NL and 95–36–30 [FR Doc. 2015–18985 Filed 7–31–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. WL. The NPRM also addresses BILLING CODE 6712–01–P Mark Gomersall, Defense Acquisition VerDate Sep<11>2014 18:22 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\03AUP1.SGM 03AUP1


Document Created: 2018-02-23 10:51:19
Document Modified: 2018-02-23 10:51:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be filed on or before August 31, 2015, and reply comments on or before September 15, 2015.
ContactAndrew J. Rhodes, Media Bureau, (202) 418-2700.
FR Citation80 FR 45917 
CFR AssociatedRadio and Radio Broadcasting
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