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A. a.(1)(a) i) a)Documentg2:("e&1''PleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd6pNAX?Zp2p NQ>/`C7X?֐X`2p NQX|6pNAXR0p2x\Qr >WC7Xl XW- xrQXW!0(X h0\  P6QhPI(!XI,(\  P6Q,P,Q=3X3< &Q2PQ&P S0%X3J02PQJP.y.G8*XG4  pQ P6QXP  yO-  )k X-x  #XP\  P6Q DXP#Federal Communications Commission`*(# DA 971774   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. 97186  X-Table of Allotments, @) hRM9130  X-FM Broadcast Stations. @)  X-(Canton and Glasford, Illinois)hh@)  X - x  hh@ pp  0(#(#X  X -  NOTICE OF PROPOSED RULE MAKING xAdopted: August 13, 1997; Released: August 25, 1997 Comment Date: October 16, 1997 Reply Comment Date: October 31, 1997   By the Chief, Allocations Branch: " X-  "x1. #l. #^\  P6QJP##g2PQP##XX2PQaXP##XP\  P6Q DXP#T#g2PQP##p2p NQZ##g2PQP##X`2p NQ֐X##XP\  P6Q DXP#he Commission has before it the petition for rule making filed by Neil A. Rones and  X- xLuann C. Dahl #XX2PQaXP##X`2p NQ֐X##XP\  P6Q DXP##p2x\Q0##p2p NQZ##g2PQP##X`2p NQ֐X##XW- xrQ X## XP\  P6Q DXP##XP\  P6Q DXP#("petitioners"), proposing the reallotment of Channel 266A from Canton to  x\Glasford, Illinois, and the modification of the petitioners' construction permit (File No. BPH xL951011MA) accordingly. Petitioners state their intention to apply for the channel, if reallotted to Glasford.   x2.  #l   #l Petitioners seek to invoke the provisions set forth in Section 1.420(i) of the  xCommission's Rules, which permit the modification of a station's license to specify a new  xcommunity of license without affording other interested parties an opportunity to file competing  X- xyexpressions of interest. See Amendment of the Commission's Rules Regarding Modification of  X- xzFM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989),  X- xzrecon. granted in part, 5 FCC Rcd 7094 (1990) ("Change of Community"). In support of their  xZproposal, petitioners state that Glasford has a 1990 U.S. Census population of 1,115 persons. The  xcommunity has its own local government with a mayor and a city council. Glasford also has a  xpost office and its own zip code. Petitioners further state that Glasford maintains both water and  xksewer plants to serve the municipality. Telephone service is provided to the citizens by the  xGlasford Telephone Company. Glasford has a public library, public municipal park, and provides  xpublic safety through a volunteer fire department and a police department. Education of the  xcitizens of Glasford is provided by an elementary school, a middle school, and a high school.  xLGlasford has numerous businesses, banks, churches, civic organizations, and all the attributes normally associated with a midwestern city. "%0*''ZZ$"Ԍ  x3. Petitioners assert that the reallotment of Channel 266A from Canton to Glasford,  xzIllinois, would result in a preferential arrangement of allotments under the Commission's FM  xallotment priorities, since it would provide a first local aural transmission service to Glasford  X- xwithout removing the sole local service from Canton. yO4-ԍSee Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88, 91 (1982). While Glasford currently has no local  X- xaural transmission service, Stations WBYS(AM) and WBYSFM would remain licensed to Canton.   {x4. Moreover, petitioners claim the reallotment of Channel 266A to Glasford would result  xin a 60 dBu contour increase in population of 88,330 persons, an increase of 67%. Petitioners  X1- xmaintain that the reallotment is consistent with the requirements set forth in Change of  X - xyCommunity, supra. Petitioners further maintain that since the station is unbuilt, the reallotment  X - xwould not result in the loss of "existing service" to Canton, citing Woodville Mississippi, et al.,  x11 FCC Rcd 4712 (1996). Petitioners contend that Glasford is an independent community not  xzlocated within any urbanized area. Although Glasford is near the Peoria Urbanized Area (12  xjkilometers), petitioners further contend that the proposed reallotment would provide neither 60  xdBu coverage of 100% of the Urbanized Area, nor 70 dBu coverage of 50% or more of the  X- xUrbanized Area, citing Greenfield and Del Ray Oaks, California, 11 FCC Rcd 12681 (1996); and  Xy- xHeadland, Alabama, et al., 10 FCC Rcd 10352 (1995). Therefore, a Tuck analysis is not  Xb-necessary.bX yOk- xxԍ See also Huntington Broadcasting Co., v. FCC, 192 F.2d 33 (D.C. Cir. 1951), RKO General, Inc. 5 FCC Rcd  yO3-3222 (1990), and Faye and Richard Tuck, 3 FCC Rcd 5374 (1988)   x5. We recognize that a construction permit (File No. BPH951011MA) has been issued  x=for Channel 266A at Canton, but no station has been built. However, since petitioners seek to  xLrelocate their transmitter site, there will be potential gain and loss areas. Therefore, petitioners  xare requested to provide information regarding any potential gain or loss areas, and any overall benefits that would be derived by the reallotment.      x6. We believe the proposal warrants consideration since the reallotment of Channel 266A  xto Glasford, Illinois, could provide the community with its first local aural transmission, without  xdepriving Canton of its sole local aural service. An engineering analysis has determined that  xNChannel 266A can be allotted to Glasford in compliance with the Commission's minimum  xdistance separation requirements without the imposition of a site restriction at petitioners'  X7- xrequested site.7 yO"-ԍThe coordinates for Channel 266A at Glasford are North Latitude 403420 and West Longitude 894847. As requested, we will propose to modify the petitioners' construction permit to  x.specify Glasford, Illinois, as the new community of license. In accordance with the provisions  xof Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of" @0*%%ZZ["  X-interest in the use of Channel 266A at Glasford, Illinois.pp   x7. 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:  Xv- ` ` City hppChannel No.  XH-  hh@Present pp   Proposed  X -xCanton, Illinoishh 266A, 300B1    252A,  yO - xԍA Notice of Proposed Rule Making (RM8894) was adopted on November 1, 1996, proposing the allotment of  yO[ -Channel 252A at Canton, Illinois. See  11 FCC Rcd 14464 (1996). 300B1  X -xGlasford, Illinois hh@h pp  266Axx 0  X -x` `     Nx8. 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.   x9. Interested parties may file comments on or before October 16, 1997, and reply  xcomments on or before October 31, 1997, and are advised to read the Appendix for the proper  xprocedures. Comments should be filed with the Secretary, Federal Communications Commission,  xWashington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows:  X- x` `    X- x` `  Frank R. Jazzo, Esq. x` `  Fletcher, Heald & Hildreth, P.L.C. x` `  1300 North 17h Street, 11th Floor x` `  Rosslyn, Virginia x` `   (Counsel for Petitioner) x` `  hh  X7-  x10. The Commission has determined that the relevant provisions of the Regulatory  X - 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.  X!-"! 0*%%ZZ "Ԍ  x11. 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  X- xCommission or review by any court. An ex parte presentation is not prohibited if specifically  xrequested by the Commission or staff for the clarification or adduction of evidence or resolution  xof issues in the proceeding. However, any new written information elicited from such a request  xor a summary of any new oral information shall be served by the person making the presentation  xupon the other parties to the proceeding unless the Commission specifically waives this service  X - xrequirement. Any comment which has not been served on the petitioner constitutes an ex parte  xpresentation and shall not be considered in the proceeding. Any reply comment which has not  xbeen served on the person(s) who filed the comment, to which the reply is directed, constitutes  X -an ex parte presentation and shall not be considered in the proceeding.  X -x` `  hh@   xx 0(#(#Xx` `  hh@FEDERAL COMMUNICATIONS COMMISSION  X4- hh@h   xx 0(#(#X hA x` `  hh@John A. Karousos x` ` hh@Chief, Allocations Branch  X- hh@Policy and Rules Division  X- hh@Mass Media Bureau Attachment: Appendix "e0*%%ZZ}"  X- hh@APPENDIX  X- x  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  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- xj 2. 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- 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  Xh$- xaccompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's"h$0*%%ZZ(#"  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.  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.