WPCV8 2BVTZ3|P)?xxxXbXx6X@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?xxxXbXx6X@DQX@7PC2X DXP\  P6QXP          3|P2  @ Z2 @ @ "5@^*7]SS.77S_*7*.SSSSSSSSSS77___SxoxxofASoxfx]oxxxxo7.7aS7S]J]J7S].7].]S]]JA7]SxSSJB%BW*7777CE7S]xSxSxSxSxSxxJoJoJoJoJA.A.A.A.x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxJxJxJoJoJoJSSSS]]C]A]A7A]S]o.oEx]x]SxxJxJ]A]AN:*ZS7SSSSSS27}}S2}}S}277SSS77SS7S72t7[[[[_ee*C`_.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7]SS.77S_*7*.SSSSSSSSSS77___SxoxxofASoxfx]oxxxxo7.7aS7S]J]J7S].7].]S]]JA7]SxSSJB%BW7SSSS7]777SS:S7A7xx*7SSSS%S7}2S_7}SC[227`Z*727S}}}SxxxxxxxooooAAAAxx_xxxxxf]SSSSSSxJJJJJ....S]SSSSS[S]]]]S]HP LaserJet 4/4MCL)HPLAS4.WRSSC\  P6Q,, $iP"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2`J>X@@  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#Times New Roman (TT)Times New Roman (Bold) (TT)Arial (TT)Arial (Bold) (TT)Roman"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddde]]eUNee/7eU}eeNe]NUeeeeU/'/BF/>F>F>/FF''F'mFFFF/7'FFeFF>CCL#////8:/FFe>e>e>e>e>}]]>U>U>U>U>/'/'/'/'eFeFeFeFeFeFeFeFeFeFe>eFeFeFeFeFNFeFe>e>]>]>]>U>U>U>eFeFeeFeFeFeF8F/F///F7eFU'U:eFeFeF}e]/]:N7N7N1#?F/>FFFFF'+iiF*jjFi*//>>F//FF/>/*t/MMMMOTT#8QO&sdEosFFlll\yMCVeQeIZEeMNMST=V=aQkIeMo`l`XdWTmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm#/9FFum//FO#/#'FFFFFFFFFF''OOO>e]]eUNee/7eU}eeNe]NUeeeeU/'/BF/>F>F>/FF''F'mFFFF/7'FFeFF>CCLmmm/F>FF/N/}mmmm//>>1F/7/emme#/FFFFF/j'FO/jF8M**/Q?#/*+Fiii>eeeeee}]UUUU////eeeeeeeOeeeeeeNF>>>>>>]>>>>>''''FFFFFFFMFFFFFFF2^3RT8y.C8*XC\  P6QP 7PC2X DXP\  P6QXP.7UC2XxXU4  pQX?^N;XJ^\  P6QP 1XC7X3aXX2PQXP>/`C7X?֐X`2p NQXW!0(X h0\  P6QhPxy.K8?XRqK\  P@QP,Q=3X3< &Q2PQ&P S0%X3J02PQJPf&8/#XW8\  P6QPI(!XI,(\  P6Q,P.y.G8*XG4  pQ yO-  )k X-x  #XP\  P6Q DXP#Federal Communications Commission`*(# DA 971421 ă  yxdddy )  #C\  P6QP#v3 Before the Federal Communications Commission  yO Washington, D.C. 20554 ă  XX-#XP\  P6Q DXP#  X*-In the Matter of hh@)  X- hh@)  X-Amendment of Section 73.202(b) @) hMM Docket No. 97156  X-Table of Allotments, @) hRM9110  X-FM Broadcast Stations. @)  X- (#(Greenwood and Abbeville, South Carolina))hpp  xx 0(#(#X  X - ` `   h  Xr - ` `  NOTICE OF PROPOSED RULE MAKING  XD - x` ` Adopted: July 3, 1997; Released: July 11, 1997 Comment Date: September 2, 1997 Reply Comment Date: September 17, 1997 By the Chief, Allocations Branch: " X-  "x#XP\  P6Q DXP#1. T#XP\  P6Q DXP#he Commission has before it the petition for rule making filed by Greenwood  X- xBroadcasting Company, Inc. ("petitioner"), licensee of Station WCRSFM, Channel 244A,  xLGreenwood, South Carolina, proposing the substitution of Channel 244C3 for Channel 244A at  xGreenwood, the reallotment of Channel 244C3 from Greenwood to Abbeville, South Carolina,  xjand the modification of Station WCRSFM's license accordingly. Petitioner states its intention to apply for Channel 244C3, if reallotted to Abbeville.  X-   x2. Petitioner seeks to invoke the provisions of Section 1.420(i) of the Commission's  xRules, which permit the modification of a station's license to specify a new community of license  xxwithout affording other interested parties an opportunity to file competing expressions of interest.  X- xSee Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC  X- xRcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990) ("Change of Community  X- xMO&O"). In support of its proposal, petitioner states that Abbeville is a community located in  x/the southeastern portion of Abbeville County, South Carolina, and has a 1990 U.S. Census  xpopulation of 5,778 persons. Abbeville also has a zip code. Petitioner notes that Stations  x=WZLAFM and WABV(AM) are currently licensed to Abbeville. Petitioner contends that the  x<proposed upgrade and reallotment of Channel 244C3 to Abbeville, South Carolina, would provide  X#- x<the community with its first "competing" local FM transmission service and would enable Station  x.WCRSFM to nearly double its 60 dBu service area as well as significantly increase its service  xarea population. Thus, petitioner states that the proposal would result in a preferential  X%- xjarrangement of allotments, citing Revision of FM Assignment Policies and Procedures, 90 FCC"%0*''ZZ$"  x2d 88 (1982). Moreover, petitioner further states that the reallotment of Channel 244C3 to  X- xAbbeville would not deprive Greenwood (population 20,807)Z yOb-ԍPopulation figure taken from the 1990 U.S. Census.Z of its sole local aural service, since  x.Stations WLMA(FM) and WMTY(AM/FM) would remain licensed to the community. Lastly, petitioner asserts that Abbeville is neither in nor near an Urbanized Area.   x3.  " W   " W We believe petitioner's proposal warrants consideration. However, since petitioner  xproposes to relocate its transmitter site, the reallotment could result in some areas losing existing  X_- xireception services.s _X yOh - xԍ#C\  P6QP#The Commission has previously stated: "The public has a legitimate expectation that existing service will  xcontinue, and this expectation is a factor we must weigh independently against the service benefits that may result  xYfrom reallotting a channel from one community to another, regardless of whether the service removed constitutes a  yO -transmission service, a reception service, or both." See Change of Community MO&O, supra, at 5 FCC Rcd 7097.s Therefore, petitioner is requested to provide data reflecting the gain and loss  xareas that would result from the reallotment of Channel 244C3 to Abbeville. Petitioner is also  xrequested to submit information demonstrating the overall public interest benefits that would be derived from the reallotment.      2x4. An engineering analysis has determined that Channel 244C3 can be allotted to  xAbbeville, South Carolina, in compliance with the Commission's minimum distance separation  xrequirements with a site restriction of 18.5 kilometers (11.5 miles) west to avoid a shortspacing  xyto the licensed site of Station WHKZFM, Channel 244A, Cayce, South Carolina, at petitioner's  X- x[requested site.@ yO-ԍThe coordinates for Channel 244C3 at Abbeville are North Latitude 340709 and West Longitude 823351. As requested, we shall also propose to modify Station WCRSFM's license to  x specify operation on Channel 244C3 at Abbeville, South Carolina, as its new community of  xlicense. In accordance with the provisions of Section 1.420(i) of the Commission's Rules, we  xjshall not accept competing expressions of interest in the use of Channel 244C3 at Abbeville, or  xrequire the petitioner to demonstrate the availability of an additional equivalent class channel for use by such parties.   x5. Accordingly, we seek comments on the proposed amendment of the FM Table of  xAllotments, Section 73.202(b) of the Commission's Rules, for the communities listed below, to read as follows:  X- ` ` City hppChannel No.  Xe-  hh@hPresent    Proposed  X7-xGreenwood, South Carolinahh@h244A, 278C3   278C3 0"70*%%ZZ"Ԍx  X-xAbbeville, South Carolinahh@h225App  225A, 244C3 0  X-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.   Ax7. Interested parties may file comments on or before September 2, 1997, and reply  xcomments on or before September 17, 1997, and are advised to read the Appendix for the proper  xprocedures. Comments should be filed with the Secretary, Federal Communications Commission,  xWashington, DC 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: x` `  Robert Lewis Thompson, Esq. x` `  Taylor, Thiemann & Aitken, L.C. x` `  908 King Street, Suite 300  Xy-x` `  Alexandria, Virginia 22314pp  xx  Xb-x` `  (Counsel for Petitioner)pp   Ax8. 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.   /x9. For further information concerning this proceeding, contact Sharon P. McDonald, Mass  xLMedia 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  X7- 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  xiof 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 requirement."0*%%ZZ"  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  X- 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 the proceeding.  X- hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@  X - hh@John A. Karousos   0(#(#Xx` ` hh@Chief, Allocations Branch x` `  hh@Policy and Rules Division  X -x` `  hh@Mass Media Bureau Attachment: Appendix "0*%%ZZ"  X- hh@APPENDIX  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  Xv- x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  X_-Making to which this Appendix is attached.  X1- 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.  Xy- 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  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"h$0*%%ZZ(#"  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.  XH- 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.