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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G; DXP##XP\  P6Q DXP##XP\  P6Q DXP##XP\  P6Q DXP#"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddmay, not later than May 19, 1997, file a written statement showing with particularity why its  X - xlicense should not be modified as proposed in the Order to Show Cause. The Commission may  xcall on Tracy Broadcasting Corporation, to furnish additional information. If Tracy Broadcasting  xMCorporation, raises a substantial and material question of fact, a hearing may be required to  x{resolve such a question pursuant to Section 1.87. Upon review of the statements and/or  xadditional information furnished, the Commission may grant the modification, deny the" 0*%%ZZ"  xzmodification, or set the matter of modification for hearing. If no written statement is filed by  x[the date referred to above, Tracy Broadcasting Corporation, will be deemed to have consented  X- x[to the modification as proposed in the Order to Show Cause and a final Order will be issued by  xthe Commission, if the abovementioned channel modification is ultimately found to be in the public interest.   #x8. IT IS FURTHER ORDERED, That the Secretary SHALL SEND, BY CERTIFIED  X_- xMAIL, RETURN RECEIPT REQUESTED, a copy of this Notice of Proposed Rule Making and  XH-Order to Show Cause to the following: x` `  Tracy Broadcasting Corporation x` `  P.O. Box 532  X -x` `  Scottsbluff, Nebraska 69363 x` `  (License of Station KOLTFM) x  X -  N x9. The Commission's authority to institute rule making proceedings, showings required,  x/cutoff 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.   {x10. Interested parties may file comments on or before May 19, 1997, and reply comments  xon or before June 3, 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, or its counsel or consultant, as follows: x` `  Elizabeth A. Sims x` `  ` Irwin, Campbell & Tennenwald, P.C. x` `  1730 Rhode Island Ave., N.W. x` `   Suite 200  XN-x` `  Washington, D.C. 200363101    X7-x` `  (Counsel for Petitioner) pp   x11. The Commission has determined that the relevant provisions of the Regulatory  xFlexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of  X- xAllotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  X - xMand 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections  X!-73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.(#(#X   x12. For further information concerning this proceeding, contact Sharon P. McDonald,  xMass Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule"h$0*%%ZZ(#"  X- xlmaking proceeding, members of the public are advised that no ex parte presentations are  xMpermitted from the time the Commission adopts a Notice of Proposed Rule Making until the  x[proceeding has been decided and such decision is no longer subject to reconsideration by the  X- xCommission or review by any court. An ex parte presentation is not prohibited if specifically  xrequested by the Commission or staff for the clarification or adduction of evidence or resolution  xof issues in the proceeding. However, any new written information elicited from such a request  xor a summary of any new oral information shall be served by the person making the presentation  xupon the other parties to the proceeding unless the Commission specifically waives this service  XH- x<requirement. Any comment which has not been served on the petitioner constitutes an ex parte  X1- x y"v presentation and shall not be considered in the proceeding. Any reply comment which has not  xbeen served on the person(s) who filed the comment, to which the reply is directed, constitutes  X -an ex parte presentation and shall not be considered in the proceeding.  X - hh@FEDERAL COMMUNICATIONS COMMISSION  Xy- hh@hpp  xx 0(#(#X Xb-x` `  hh@John A. Karousos 0(#(#Xx` ` hh@Chief, Allocations Branch  X4- hh@Policy and Rules Division  X- hh@Mass Media Bureau Attachment: Appendix "0*%%ZZ"  X- hh@APPENDIX  X-  X- hppMM Docket No.  !p x` `  hh@hppRM9044  X- x` `  xz 1. 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  xCommission's Rules, IT IS PROPOSED TO AMEND the FM Table of Allotments, Section  X1- x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  X -Making and Order to Show Cause to which this Appendix is attached.  X - xj 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X - xNof Proposed Rule Making and Order to Show Cause to which this Appendix is attached.  xLProponent(s) will be expected to answer whatever questions are presented in initial comments.  xThe proponent of a proposed allotment is also expected to file comments even if it only  xresubmits or incorporates by reference its former pleadings. It should also restate its present  x.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.  X4- x 3. Cutoff protection. 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  x.in initial comments, so that parties may comment on them in reply comments. They will not be  X-considered if advanced in reply comments. (See Section 1.420(d) of the Commission's Rules).  x (b) With respect to petitions for rule making which conflict with the proposals in this  X|- xjNotice, they will be considered as comments in the proceeding, and Public Notice to this effect  xwill be given as long as they are filed before the date for filing initial comments herein. If they  xare filed later than that, they will not be considered in connection with the decision in this docket.  x (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved.  X - x 4. 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"h$0*%%ZZ(#"  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  X- 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.  X_- x| 5. 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 - x 6. Public Inspection of Filings. All filings made in this proceeding will be available for  xyexamination 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.