community and is independent of the larger Albany/ Troy/ Schenectady Urbanized Area of which it is a part. It states that the proposal will provide a city-grade signal to less than 25% of the Urbanized Area. Petitioner also states that the community is independent of the Urbanized Area and provides an analysis of the community using the factors delineated in Faye and Richard Tuck, Inc. 3 to prove its independence of the Urbanized Area. 4. 3 We believe that the two reallotments together will serve the public interest. We note that we would be reluctant to allow the reallotment of Channel 229A from Corinth to Scotia, standing alone, because it would result in the removal of the sole local transmission service from Corinth. However, considering the two proposals together, we believe that they will result in a preferential arrangement of allotments because Scotia will gain its first local transmission service and Corinth retains its sole local transmission service. 5. Channel 229A can be reallotted from Corinth to Scotia at a site restriction of 9.9 kilometers (6.2 miles) northwest of the community." Channel 296A can be reallotted from Hudson Falls to Corinth at petitioner's licensed site 5 kilometers (3.1 miles) east of the community. Petitioner states that there is no change of transmitter site and therefore no gain or loss in area or population. However, our analysis shows that while Corinth is not in the Glen Falls Urbanized Area, the proposal will continue to provide a citygrade signal to 100% of that Urbanized Area. We note that that because the reallotment involves no site change and Station WFFG-FM will be providing the same amount of coverage to the Glen Falls Urbanized Area,' we do not require an analysis of the communities pursuant to the policies enumerated in Faye and Richard Tuck because the proposal does not constitute a migration to an urbanized area warranting application of this policy. 6. Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, for the communities listed below, to read as follows: 7. 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 See Report and Order in MM Docket 89-87(Bessemer and Tuscaloosa, Alabama), 5 FCC Rcd 669; app. for rev. granted 11 FCC Rcd 11585 (1996). The coordinates for Channel 229A at Scotia are 42-54-27 NL, and 74-00-57 WL. 7 The coordinates for Channel 296A at Corinth are 43-14-40 NL and 73-46-18 WL. See Moncks Corner, Kiawah Island and Sampit, South Carolina, 15 FCC Rcd 8973, 9892 (2000), and East Los Angeles, Long Beach and Frazier Park, California, 10 FCC Rcd 2864, 2868 (1995). by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted. 8. Interested parties may file comments on or before June 11, 2001, and reply comments on or before June 26, 2001, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: Jonathan E. Allen Rini, Coran, and Lancellotta, P.C. 1350 Connecticut Avenue, N.W. Washington, DC 20036-0551 9. 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 FR 11549, February 9, 1981. 10. For further information concerning this proceeding, contact Victoria M. McCauley, Mass Media Bureau, (202) 418-2180. For purposes of this restricted notice and comment rule making proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such decision is no longer subject to reconsideration by the Commission or review by any court. An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. However, any new written information elicited from such a request or a summary of any new oral information shall be served by the person making the presentation upon the other parties to the proceeding unless the Commission specifically waives this service requirement. 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. Attachment: Appendix FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch APPENDIX 1. Pursuant to authority found in Sections 4(i), 5(c)(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 the request. 3. Cut-off protection. The following procedures will govern the consideration of filings in this proceeding. (a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial comments, so that parties may comment on them in reply comments. They will not be considered if advanced in reply comments. (See Section 1.420(d) of the Commission's Rules). (b) With respect to petitions for rule making which conflict with the proposals in this Notice, they will be considered as comments in the proceeding, and Public Notice to this effect will be given as long as they are filed before the date for filing initial comments herein. If they are filed later than that, they will not be considered in connection with the decision in this docket. (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved. 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may file comments and reply comments on or before the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached. All submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in written comments, reply comments, or other appropriate pleadings. The person filing the comments shall serve comments on the petitioner. Reply comments shall be served on the person(s) who filed comments to which the reply is directed. A certificate of service shall accompany such comments and reply comments. (See Section 1.420(a), (b) and (c) of the Commission's Rules.) Comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regulations, an original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C. 1. On January 24, 2001, Excel Communications, Inc., Excel Telecommunications, Inc., Teleglobe Business Solutions, and Long Distance Wholesale Club ("Excel") filed the above-named formal complaint against Qwest Corporation (“Qwest”). In the complaint, Excel alleged that Qwest had been backbilling Excel for primary interexchange carrier charges in violation of sections 201(b) and 202(a) of the Communications Act of 1934, as amended. See 47 U.S.C. §§ 201(b), 202(a). 2. On April 19, 2001, the parties filed a Joint Motion to Dismiss the complaint with prejudice. In support of their Joint Motion, the parties state that they have resolved the issues raised in the complaint in a mutually satisfactory manner. We are satisfied that granting this Joint Motion will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further expenditure of resources by the parties and the Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss the complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division |