WPC" 2BVTZ3|C)?xxxXVZXx6X@DQX@HP LaserJet 4/4MCL)HPLAS4.WRSSx  @,, $iX@ X-#Xj\  P6G; DXP##XP\  P6Q DXP##XP\  P6Q DXP##XP\  P6Q DXP#2(@XXCourier New (TT)Times New Roman (TT)"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd?xxxXVZXx6X@DQX@7PC2X DXP\  P6QXP&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&2 9N`y 3|C2  Z@L? @ HP LaserJet 4/4MCL)HPLAS4.WRSSC\  P6Q,, $iP"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSTimes New Roman (TT)Times New Roman (Bold) (TT)Arial (TT)"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2GJ=@@@ X- I. 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!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddx3. We believe the proposed upgrade warrants consideration since the allotment of Channel  x224B1 at Galesburg, Illinois, with the modification of the reference coordinates for vacant  xChannel 224C3 at Ottumwa, Iowa, would enable Station WGBQ(FM) to improve its facilities and"%0*''ZZ$"  xexpand its service area. An engineering analysis has determined that Channel 224B1 can be  xNallotted to Galesburg in compliance with the Commission's minimum distance separation  x/requirements with a site restriction of 13.4 kilometers (8.3 miles) northwest to accommodate  X- x-petitioner's requested site.s  yO4-  #C\  P6QP#э#&d2PG;< &P##C\  P6QP#T#C\  P6QP#he coordinates for Channel 224B1 at Galesburg are North Latitude 410250 and West Longitude 902730.   We note that the reference coordinates are shortspaced to the application site for Station KTWA(FM), Channel  yO-  224C2, Ottumwa, Iowa.  Pursuant to a rulemaking petition, Station KTWA(FM)'s license was modified to specify  yO-  operation on Channel 224C3 in lieu of Channel 224A at Ottumwa pursuant to MM Docket No. 89-365. See 5 FCC  yOT-  Rcd 4685 (1990).  However, a record search revealed that Station KTWA(FM)'s construction permit (File No. BPH  901019IA) for Channel 224C3 at Ottumwa expired on August 26, 1992, and was forfeited and cancelled on   YNovember 18, 1992. On March 22, 1996, Station KTWA(FM) filed a onestep upgrade application (File No. BPH yO -  960322IC) for Class C2 facilities at its presently licensed site. See Amendment of the Commission's Rules to Permit  yOt -  ZFM Channel and Class Modifications by Application ("Modifications by Application"), 8 FCC Rcd 4735 (1993).   KStation KTWA(FM)'s upgrade application for Channel 224C2 at Ottumwa was filed after the instant rulemaking   petition, which was submitted on January 16, 1996, and as a result, they are mutually exclusive. In an effort to   resolve the conflict, an engineering analysis was conducted which determined that the conflict cannot be resolved  yO-  by imposing a site restriction or allotting an alternate channel at Galesburg. Therefore, the Ottumwa upgrade  yO\-  Yapplication, unless amended, will be treated as a counterproposal and resolved in the context of this proceeding. See  yO$-  Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments, 7 FCC Rcd  yO-  4917, at n.18 (1992), recon. granted in part, 8 FCC Rcd 4743 (1993); and Modifications by Application, supra, at   hparas. 17 and 18. Accordingly, Station KTWA(FM)'s onestep upgrade application for Channel 224C2 at Ottumwa,  yO|-  Iowa, will be placed on Public Notice at a later date.  We will serve the licensee of Station KTWA(FM) with a copy  yOD-of this Notices Additionally, the allotment reference coordinates for now vacant and  xunappliedfor Channel 224C3 at Ottumwa, Iowa, can be modified consistent with the  X- xCommission's spacing requirements with a site restriction of 12.2 kilometers (7.6 miles) west.(h yO- xjЍ#&d2PG;< &P##C\  P6QP#T#C\  P6QP#he modified coordinates for vacant Channel 224C3 at Ottumwa are North Latitude 410000 and West Longitude 923310.(  xWe shall also propose to modify the license for Station WGBQ(FM) to specify operation on  xlChannel 224B1 in lieu of Channel 224A at Galesburg, Illinois. In accordance with Section  x1.420(g)(3) of the Commission's Rules, we will not accept competing expressions of interest in  x/the use of Channel 224B1 at Galesburg, Illinois, or require the petitioner to demonstrate the availability of an additional equivalent class channel for use by such parties.   x4. Petitioner is requested to submit engineering analysis on the size and number of people  xin the gain area created by this upgrade, as well as the area and population of any possible loss  xarea. Likewise, once Station KTWA(FM)'s application is placed on Public Notice, we request  x!engineering data from Station KTWA(FM) on the comparative attributes of its upgrade  X-proposal.` ` "K0*%%ZZ"Ԍ  x5. Accordingly, we seek comments on the proposed amendment of the FM Table of  xzAllotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows:  X- ` ` City hppChannel No.  Xv-  hh@Present pp Proposed  XH- (#xGalesburg, Illinoishh @224A, 235Bpp 224B1, 235B  0(#(#X   Nx6. 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.   x7. Interested parties may file comments on or before July 7, 1997, and reply comments  x>on or before July 22, 1997, and are advised to read the Appendix for the proper procedures.  xZComments should be filed with the Secretary, Federal Communications Commission, Washington,  xDC 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: x` `  Dawn M. Sciarrino x` `  Fisher, Wayland, Cooper, Leader x` `   & Zaragoza, L.L.P. x` `  2001 Pennsylvania Ave., NW., Suite 400 x` `  Washington, DC 200061851 x` `  (Counsel for Petitioner) x  Xe-  x8. IT IS ORDERED, That the Secretary shall send a copy of this Notice of Proposed  XN-Rules Making by Certified Mail, Return Receipt Requested, to the licensee, as follows: x` `  Gillbro Communications Ltd. Partnership x` `  209 S. Market Street x` `  Ottumwa, Iowa 52501  X-x` `  (Licensee of Station KTWA(FM))  X -   nx9. 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 "h$0*%%ZZ(#"Ԍ X- xMԙand 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.   x10. For further information concerning this proceeding, contact Sharon P. McDonald,  xMass Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule  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  XH- xCommission or review by any court. An ex parte presentation is not prohibited if  x[specifically requested by the Commission or staff for the clarification or adduction of evidence  xor resolution of issues in the proceeding. However, any new written information elicited from  xjsuch a request or a summary of any new oral information shall be served by the person making  xthe presentation upon the other parties to the proceeding unless the Commission specifically  xwaives this service requirement. Any comment which has not been served on the petitioner  X - x=constitutes an ex parte presentation and shall not be considered in the proceeding. Any reply  xcomment which has not been served on the person(s) who filed the comment, to which the reply  X-is directed, constitutes an ex parte presentation and shall not be considered in the proceeding.  Xb- hh@FEDERAL COMMUNICATIONS COMMISSION  X- hh@hpp  xx 0(#(#X X-x` `  hh@John A. Karousos 0(#(#Xx` ` hh@Chief, Allocations Branch  X- hh@Policy and Rules Division  X- hh@Mass Media Bureau Attachment: Appendix "70*%%ZZ?"  X- hhAPPENDIX  X-  X- hppMM Docket No. 97130  X- hppRM8751  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  XH- x73.202(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 - xj 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X - 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.  XK- 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  xcomments, or other appropriate pleadings. Comments shall be served on the petitioner by the"h$0*%%ZZ(#"  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.  Xv- 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.