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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!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddcomparative hearing, or to otherwise resolve the mutually exclusive applications. See Bechtel v. Federal  yO -Communications Commission, 10 F.3d 875 (D.C. Cir. 1993). However, because there are no alternate Class A channels available   in the event there are additional expressions of interest, petitioner filed a supplement expressing   an interest in the allotment even if cutoff protection could not be afforded. In support of its  X-  <proposal, petitioner states that New Martinsville (population 6,705),c yOV"-ԍAll population figures are taken from the 1990 U.S. Census.c is the county seat of Wetzel   County (population 19,258) and serves as a trading center for Tyler County, West Virginia, and   kportions of Monroe County, Ohio (population 15,407), including the nearby communities of   Paden City (population 2862), Sistersville (population 1,797) and Middlebourne (population 922),   West Virginia. All of these communities, except Middlebourne, are located in the flood plain"a x0*''ZZ"   [of the Ohio River (which is the border between West Virginia and Ohio). Therefore, depending   upon the exact tower location, they would all be within the city grade contour of Channel 222A.   <Petitioner further states that Station WETZ(AM), a daytimeonly station, and Station WETZFM, a Class A station, are currently licensed to the community.  X-  3. We believe that the proposal warrants consideration since it could potentially provide   New Martinsville, West Virginia, with its third local FM transmission service. An engineering   analysis has determined that Channel 222A can be allotted to New Martinsville in compliance   with the Commission's minimum distance separation requirements with a site restriction of 7.4   kilometers (4.6 miles) south to avoid a shortspacing to the licensed site of Station WWHC(FM),  X -  Channel 222A, Oakland, Maryland.G  X -  #C\  P6QP#Ѝ#&d2PG;< &P##XP\  P6Q DXP#T#C\  P6QP#he coordinates for Channel 222A at New Martinsville are North Latitude 393438 and West Longitude 805116.G Since New Martinsville is located within 320 kilometers   \(200 miles) of the U.S.Canadian border, concurrence of the Canadian government has been   requested. In the event that there are no additional expressions of interest for a Class A channel   at New Martinsville, we shall also propose to allow petitioner to amend its application for   <Channel 258A at New Martinsville to specify operation on Channel 222A, with cutoff protection, to eliminate the mutual exclusivity between the two applicants.     " Xy- "4. Accordingly, we seek comments on the proposed amendment of the FM Table of   zAllotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows: ` `  hh,  X- ` ` City ppChannel No.  X- hh,VPresent pp Proposed  X-New Martinsville, West VirginiaV258A, 280App222A, 258A, 280A X ` `  N5. The Commission's authority to institute rule making proceedings, showings required,   /cutoff procedures, and filing requirements are contained in the attached Appendix and are   incorporated 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.  !6. Interested parties may file comments on or before June 30, 1997, and reply comments   >on or before July 15, 1997, and are advised to read the Appendix for the proper procedures.   ZComments 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:" A0*%%ZZ"Ԍ ` `  Thomas P. Taggart, Esq. ` `  P.O. Box 374 ` `  St. Marys, West Virginia 26170 ` `  (Counsel for Petitioner) ` `   A7. 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  XH-  Allotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  X1-  Mand 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.  /8. For further information concerning this proceeding, contact Sharon P. McDonald, Mass   LMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  X -  proceeding, members of the public are advised that no ex parte presentations are permitted from   Kthe 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  Xy-  \ by any court. An ex parte presentation is not prohibited if specifically requested by   Lthe Commission or staff for the clarification or adduction of evidence or resolution of issues in   0the proceeding. However, any new written information elicited from such a request or a   isummary 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  X-  requirement. Any comment which has not been served on the petitioner constitutes an ex  X-  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,  X-constitutes an ex parte presentation and shall not be considered in the proceeding.  X- hh,VFEDERAL COMMUNICATIONS COMMISSION  X7- hh,Vpp   xx- X(#(# X -` `  hh, VJohn A. Karousos X(#(#` ` hh,VChief, Allocations Branch  X- hh,VPolicy and Rules Division  X- hh,VMass Media Bureau Attachment: Appendix "!0*%%ZZ "  X- hh,VAPPENDIX  X-  X- ppMM Docket No. 97129  X- ppRM9076   z 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  XH-  73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  X1-Making to which this Appendix is attached.  X -  j 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X -  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.  XK-   3. Cutoff 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  X-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  X-  jNotice, 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.  X-   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  X!-  file comments and reply comments on or before the dates set forth in the Notice of Proposed  X"-  Rule Making to which this Appendix is attached. All submissions by parties to this proceeding   0or 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"h$0*%%ZZ(#"   ]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  X-  accompanied by a certificate of service. (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.  Xv-  | 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.  X -   6. Public Inspection of Filings. All filings made in this proceeding will be available for   yexamination 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.