WPC 2BJZ Courier3|j>fx6X@`7X@HP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@26 ZFK:3|jHP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@ I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 KmKoK "i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddWheeler and Sarah H. Wheeler ("petitioners") requesting the allotment of Channel 287A to  X&- xGarden City, Missouri, as that community's first local service. Petitioners submitted information  X- xMin support of the proposal and indicated they would file an application for Channel 287A at Garden City.  X-  M2.xIn support of the proposal, petitioners state that Garden City is an incorporated  C"\ community C"\   xwith a population of 1,125 people according to the 1990 U.S. Census. Further, the community  x=has its own post office and zip code along with its own fire department and police department.  xPetitioners state that a mayor and  C"\ a  C"\ board of alderman form the local government. Petitioners  xcontend that Garden City is a growing community that has experienced a 20% increase in  x population between 1980 and 1990. Petitioners believe that allotment of an FM channel to Garden City would be in the public interest.  X"-  03.xWe believe the proposal warrants consideration because the proposed allotment would  xprovide a first local service to Garden City.  C"\ A C"\  staff engineering analysis indicates that Channel  x287A can be allotted to Garden City, Missouri, consistent with the minimum distance separation requirements of the Commission's Rules provide there is a site restriction 0.6 kilometers (0.4  X%-"%,))ZZ5%"Ԍ X- x=miles) west of the community.oø ?y< xY-ԍ#d6X@`7s@# The coordinates for Channel 287A at Garden City are 383349 and 941153. The site restriction will prevent a conflict with Station KXKX,  X-Channel 289C2, Knob Noster, Missouri.  X-  4.xIn view of the fact that the proposed allotment would provide a first local service to  x[Garden City, the Commission believes it would serve the public interest to solicit comments on  xthe proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules for the community listed below, to read as follows:  X_- hh@hppChannel No.  XH-Community` `  hh@hPresent  Proposed  X -Garden City, Missourihh@h    287A  X -  5.xThe Commission's authority to institute rule making proceedings, showings required, cut xoff procedures, and filing requirements are contained in the attached Appendix and are  xincorporated 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.  Xy-  6.xInterested parties may file comments on or before March 31!C"\ !, 1997 , and reply comments  Xb- xon or before April 15&C"\ &, 1997 , and are advised to read the Appendix for the proper procedures.  xZComments should be filed with the Secretary, Federal Communications Commission, Washington,  xD. C., 20554. Additionally, a copy of such comments should be served on the petitioner, as follows: x` `  R. Lee and Sarah H. Wheeler x` `  3718 W. 52nd Terrace x` `  Shawnee Mission, x` `  Kansas 66205  X|-  7.xThe Commission has determined that the relevant provisions of the Regulatory Flexibility  xkAct of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments,  XN- xjSection 73.202(b) of the Commission's Rules. See Certification that Sections 603 and 604 of the  X7- xRegulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504  X -and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.  X-  8.xFor further information concerning this proceeding contact Kathleen Scheuerle, Mass  xMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  X - xproceeding, members of the public are advised that no ex parte presentations are permitted from  xKthe time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been  xdecided and such decision is no longer subject to reconsideration by the commission or review  X#- x?by any court. An ex parte presentation is not prohibited if specifically requested by the"#,N(N(ZZe""  xLCommission or staff for the clarification or adduction of evidence or resolution of issues in the  xproceeding. However, any new written information elicited from such a request or a summary  x=of any new oral information shall be served by the person making the presentation upon other parties to the proceeding unless the Commission specifically waives this service requirement.  X- xC"\ Any comment which has not been served on the petitioner constitutes an ex parte presentation  xyand shall not be considered in the proceeding. Any reply comment which has not been served  Xv- xon 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. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@John A. Karousos x` `  hh@Chief, Allocations Branch x` `  hh@Policy and Rules Division x` `  hh@Mass Media Bureau  C"\  "#',N(N(ZZ%"Ԍ X-ԙ C"\ x` `  hh APPENDIX   ^x1.Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the  xCommunications Act of 1934, as amended, and Sections 0.61, 0.204.(b) and 0.283 of the  X- xLCommission's Rules,   IT IS PROPOSED TO AMEND the FM Table of Allotments, Section  X- x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  Xv-Making to which this Appendix is attached.  XH-  {x2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X1- xof Proposed Rule Making to which this Appendix is attached. Proponent(s) will be expected to  xanswer whatever questions are presented in initial comments. The proponent of a proposed  xallotment is also expected to file comments even if it only resubmits or incorporates by reference  x.its former pleadings. It should also restate its present intention to apply for the channel if it is  xallotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request.  X-  ]x3. Cutoff Procedures. The following procedures will govern the consideration of filings in this proceeding. x(a) Counterproposals advanced in this proceeding itself will be considered if advanced in   @xinitial comments, so that parties may comment on them in reply comments. They will  X-  xnot be considered if advanced in reply comments. (See Section 1.420(d) of the  X- xCommission's Rules). x(b) With respect to petitions for rule making which conflict with the proposal(s) in this  X-xNotice, they will be considered as comments in the proceeding, and Public Notice to this xeffect will be given as long as they are filed before the date for filing initial comments xherein. If they are filed later than that, they will not be considered in connection with the xdecision in this docket. x x(c) The filing of a counterproposal may lead the Commission to allot a different channel xthan was requested for any of the communities involved.  X -  x4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out  x.in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may  X- xfile comments and reply comments on or before the dates set forth in the Notice of Proposed  X - xRule Making to which this Appendix is attached. All submissions by parties to this proceeding  x0or by persons acting on behalf of such parties, must be made in written comments reply  xcomments, or other appropriate pleadings. Comments shall be served on the petitioner by the  x]person filing the comments. Reply comments shall be served on the person(s) who filed  xcomments to which the reply is directed. such comments and reply comments shall be  XQ%- xaccompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's  xRules.) Comments should be filed with the Secretary, Federal communications Commission, Washington, D, C. 20554."#',N(N(ZZ%"Ԍ X-  x5. Number of Copies. In accordance with the provisions of Section 1.420 of the  x!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.  X-  x6. Public Inspection of Filings. All filings made in this proceeding will be available for  x examination by interested parties during regular business hours in the Commission's Pubic Reference Room at its headquarters, 1919 M Street, N.W., Washington, D. C.