WPC" 2BVTZ3|P)?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  G&D  Courier New( @3|P2  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!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddappropriate time. However, whenever an existing licensee or permittee is ordered to change  xfrequency to accommodate a new channel allotment, Commission policy requires the benefitting  X - xparty to reimburse the affected station for costs incurred. See Circleville, Ohio, 8 FCC 2d 159  X- xK(1967). Accordingly, petitioner states its willingness to reimburse Delaware County Broadcasting Corporation for costs incurred in changing to Channel 248A at Walton, New York.      x4. 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.  X-  hh@Present pp Proposed  X-xSusquehanna, Pennsylvaniahh@223Ahpp223B1  Xe-xWalton, New Yorkhh@221Ahpp248A  xx  0(#(#Xx` `    Nx5. 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. "0*%%ZZ"Ԍ  x6. Interested parties may file comments on or before September 15, 1997, and reply  xcomments on or before September 30, 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- x` `  x` `  Benjamin J. Smith, President x` `  KG Broadcasting, Inc. x` `  776 Conklin Road x` `  Binghamton, New York 13903 x` `  (Petitioner)   x7. IT IS ORDERED, That the Secretary SHALL SEND, BY CERTIFIED MAIL,  X - x?RETURN RECEIPT REQUESTED, a copy of this Notice of Proposed Rule Making to the licensee of Station WDLAFM, as follows: x` `   x` `  Delaware County Broadcasting Corporation x` `  P.O. Box 58 x` `  Walton, New York 13856 x` `  hh@   nx8. 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.   mx 9. 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  X7- 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. "h$0*%%ZZ(#"Ԍ X- 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  XH- hh@Mass Media Bureau Attachment: Appendix " 0*%%ZZ"  X- hh@APPENDIX  X-  X-  X; hpp  0   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  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.