(n1)(n2)DA 95-638

Before the
Federal Communications Commission
Washington, D.C.

In the matter of:

Amendment of Section 73.202(b

,
NOTICE OF PROPOSED RULE MAKING

MM Docket No.
Table of Allotments,
RM-8547
FM Broadcast Stations.
(Billings, Montana
Adopted:March 28, 1995 Released:April 10, 1995
Comment Date:June 1, 1995
Reply Comment Date:June 16, 1995
By the Chief, Allocations Branch:
1. Before the Commission for consideration is a petition for rule making filed by Conway Broadcasting ("petitioner"
, requesting the allotment of Channels 283C and 298C to Billings, Montana, as that community's eighth and ninth FM broadcast service. Petitioner submitted information in support of the allotments at Billings and stated its intention to file an application for both channel 283C and 298C if allotted to the community.
2. We believe petitioner's proposal warrants consideration. Channel 298C can be allotted to Billings, Montana, in compliance with the minimum distance separation requirements of the Commission's Rules without a site restriction.
Our analysis indicates that Channel 283C, however, is not available for allotment in Billings. The channel is short spaced to a proposal to allot Channel 286A to Billings, Montana, in MM Docket No. 94-68.
See
9 FCC Rcd 3150 (1994
.
3. In view of the fact that the proposed allotment would provide additional broadcast service to Billings, Montana, the Commission believes the public interest would be served by soliciting comments on Conway's proposal to amend the FM Table of Allotments, Section 73.202(b
of the Commission's Rules, for the community listed below:
Channel No
.
Community
Present Proposed
Billings, Montana 227C1, 231C, 227C1, 231C,
246C2, 253C1, 242C1, 246C1, 275C1, 279C1 253C1, 275C1, 279C1, 286A, 298C
4. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and filing requirements are containedin the attached Appendix and are incorporated by reference herein. Inparticular, we note that 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 June 1, 1
995,
and reply comments on or before June 16
, 1995,
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, as follows:
Conway Broadcasting
4415 Fremont Avenue, South
Minneapolis, Minnesota 55409
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, 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.
7. For further information concerning this proceeding, contact Kathleen Scheuerle, 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 this proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos
Chief, Allocations Branch
Policy and Rules Division
Mass Media Bureau

Attachment: Appendix

APPENDIX MM Docket No.
RM-8547

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 Procedures. 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 proposal(s) 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. Comments shall be served on the petitioner by the person filing the comments. Reply comments shall be served on the person(s) who filed comments to which the reply is directed. Such comments and reply comments shall be accompanied by a certificate of service. (See Sections 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 Center, Room 239, at its headquarters, 1919 M Street, N.W., Washington, D. C.


APPENDIX

Footnote 1 The coordinates for Channel 298C at Billings are 45-46-48 and
108-30-18.

Footnote 2 MM Docket No. 94-68, 9 FCC Rcd 3150 (1994), proposed the addition of Channel 286A to billings. The Notice in RM-8595 proposes to add Channel 242C1 to Billings.