WPC 2BJZ Courier3|j>fx6X@`7X@HP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@26 ZFm:3|jHP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@ I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)CourierCourier BoldTimes New RomanTimes New Roman BoldTimes New Roman ItalicTimes New Roman Bold Italic2 KK$KoK "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd2.xIn support of its request, West Wind has provided an engineering statement that indicates  xChannel 289A can be allotted to Victor. According to West Wind, Victor has a population of  x]about 500 persons, has a school and community park and is located in Ravalli County in  xSouthwest Montana. Further, Victor does have several businesses and is the business trading area  xKfor a several mile radius around the community. West Wind states that Victor is not incorporated and is not listed in the 1990 U. S. Census.  X@ -  3.xSection 307(b) of the Communications Act of 1934, as amended, requires that the  xCommission allot channels "...among the several states and communities." The Commission has  x/defined "communities" as geographically identifiable population groupings. Generally, if a  xcommunity is incorporated or listed in the U. S. Census, that is sufficient to satisfy its status.  xAbsent such recognizable community factors, the petitioner must present the Commission with  x[sufficient information to demonstrate that such a place has social, economic, or cultural indicia  X%- xto qualify it as a community for allotment purposes. See e.g., Oak Grove, FL, 5 FCC Rcd 3774  X&- x(1990); Hannibal, OH, 5 FCC Rcd 3315 (1990); and Statenville, GA, 5 FCC Rcd 2685 (1990).  X'- xAlthough we recognize that the 1995 edition of the Rand McNally Commercial Atlas indicates  x\that Victor has a population of 500 people, Victor is not listed in the 1990 Census and is not"q(,))ZZ'"  xincorporated. In past cases we have rejected claims of community status where a nexus has not  xbeen shown between the political, social and commercial organizations and the community in  x\question. Since Victor does not meet the basic criteria for community status, West Wind is  x<requested to present the Commission with specific information to demonstrate that Victor has the  xsocial, economic and governmental indicia to qualify it as a "community" for allotment purposes.  X- xSee Gretna, Marianna, Quincy and Tallahassee, Florida, 6 FCC Rcd 633 (1991) and cases cited therein.  XH-  4.xChannel 289A can be allotted to Victor, Montana, without a site restriction.oHø ? <ԍ#d6X@`7s@# The coordinates for Channel 289A at Victor, Montana, are 462506 and 1140854. Since  xVictor is located within 320 kilometers (200 miles) of the U.S.Canadian border, concurrence of the Canadian government will be requested for the allotment of Channel 289A at Victor.  X -  5.xIn view of the fact that the proposed allotment would provide a first local service to  xVictor, the Commission believes it would serve the public interest to solicit comments on the  xproposal to allot Channel 289A to Victor, Montana, in the event it is ultimately found to qualify  x\as a community for allotment purposes. Therefore, we will seek comments on the proposed  x\amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, as follows: x` `  hh@hppChannel No.  X4-Community` `  hh@hPresent  Proposed  X-Victor, Montana hh@h    289A  X-  6.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.  Xe-  7.xInterested parties may file comments on or before June 9,""H ," 1997 , and reply comments on  XN- xor before June 24, "H   "H 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` `  hhVictor A. Michael, Jr., President x` `  hhWest Wind Broadcasting x` `  hhc/o Magic City Media x` `  hh1912 Capitol Avenue, Suite 300 x` `  hhCheyenne, Wyoming 82001"#,N(N(ZZe""Ԍ X-  ԙ8.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,  X- xjSection 73.202(b) of the Commission's Rules. See Certification that Sections 603 and 604 of the  X- 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.  Xv-  9.xFor further information concerning this proceeding contact Kathleen Scheuerle, Mass  xMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  XH- 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  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  xparties to the proceeding unless the Commission specifically waives this service requirement.  X- xAny 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  Xb- 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- x` `  hh@John A. Karousos x` `  hh@Chief, Allocations Branch x` `  hh@Policy and Rules Division x` `  hh@Mass Media Bureau x "#',N(N(ZZ%"Ԍ X-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.