WPC" 2BVTZ3|C)?xxxX&~Xx6X@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?xxxX&~Xx6X@DQX@7PC2X DXP\  P6QXPTT)?xxxX&~Xx6X@DQX@HP LaserJet 4/4MCL)HPLAS4.WRSSx  @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!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddcommitment to reimburse the affected station for the costs incurred in changing frequency.  xAccordingly, if the channel substitution at Walla Walla is ultimately adopted, the licensee of  xLStation KQFM(FM) at Hermiston, Oregon, is entitled to reimbursement for the reasonable cost  X1- xinvolved in changing its frequency. See Circleville, Ohio, 8 FCC 2d 159 (1967). Therefore,  xpetitioner must state its willlingness to reimburse Station KQFM(FM) for costs incurred in  xchanging to Channel 258A. Failure to provide such a commitment could result in a denial of the  X -proposal. See Brookville and Punxsutawney, Pennsylvania, 3 FCC Rcd 5555 (1988).     x 4. 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:  Xb- x` `  City pp Channel No.  X4- hh@hPresent xxProposed(#(#X  X-x` ` hh@hpp  xx  X-xWalla Walla, Washingtonhh@h227C1, 239C,  xx227C1, 239C,(#(#X  X- x` `  hh@h246C, 256C3,  xx246C, 256C2,  X-x` `  hh@h264C3, 265A  xx264C3, 265A x  X-xHermiston, Oregonhh@h257App  xx258A      b   x5. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the  x|Communications Act of 1934, as amended, Westend Radio, L.L.C., licensee of Station  x\KQFM(FM), Hermiston, Oregon, SHALL SHOW CAUSE why its license SHOULD NOT BE MODIFIED to specify operation on Channel 258A in lieu of 257A.   ?x6. Pursuant to Section 1.87 of the Commission's Rules, Westend Radio, L.L.C., may, not  x\later than January 9, 1998, file a written statement showing with particularity why its license  X- xjshould not be modified as proposed in the Order to Show Cause. The Commission may call on  xWestend Radio, L.L.C to furnish additional information. If Westend Radio, L.L.C. raises a" 0*%%ZZ"  xLsubstantial and material question of fact, a hearing may be required to resolve such a question  x<pursuant to Section 1.87. Upon review of the statements and/or additional information furnished,  xthe Commission may grant the modification, deny the modification, or set the matter of  xmodification for hearing. If no written statement is filed by the date referred to above, Westend  X- xyRadio, L.L.C. will be deemed to have consented to the modification as proposed in the Order to  Xv- xShow Cause and a final Order will be issued by the Commission, if the abovementioned channel modification is ultimately found to be in the public interest.   #x7. IT IS FURTHER ORDERED, That the Secretary SHALL SEND, BY CERTIFIED  X - xMAIL, RETURN RECEIPT REQUESTED, a copy of this Notice of Proposed Rule Making and  X -Order to Show Cause to the following: x` `  Westend Radio, L.L.C. x` `  2019 Court Avenue x` `  Baker City, Oregon 97814  X- (Licensee for Station KQFM(FM))  xx  x 8. 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.  x 9. Interested parties may file comments on or before January 9, #u   #u 1998, and reply  xcomments on or before January 24##u #, 1998, 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` `  Robert Lewis Thompson, Esq. x` `  Taylor, Thiemann & Aitken, L.C. x` `  908 King Street, Suite 300 x` `  Alexandria, Virginia 22314  X -x` `  (Counsel for Petitioner)  X- x` `  x 10. 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"- xzand 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. "h$0*%%ZZ(#"Ԍ x\ 11. For further information concerning this proceeding, contact Sharon P. McDonald,  xMass Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule  X- xlmaking proceeding, members of the public are advised that no ex parte presentations are  xMpermitted from the time the Commission adopts a Notice of Proposed Rule Making until the  x[proceeding has been decided and such decision is no longer subject to reconsideration by the  XN- xCommission or review by any court. An ex parte presentation is not prohibited if specifically  xrequested by the Commission or staff for the clarification or adduction of evidence or resolution  xof issues in the proceeding. However, any new written information elicited from such a request  xor a summary of any new oral information shall be served by the person making the presentation  xupon the other parties to the proceeding unless the Commission specifically waives this service  X- xrequirement. Any comment which has not been served on the petitioner constitutes an ex parte  xpresentation and shall not be considered in the proceeding. Any reply comment which has not  xbeen served on the person(s) who filed the comment, to which the reply is directed, constitutes  X"-an ex parte presentation and shall not be considered in the proceeding.  Xh$- hh@FEDERAL COMMUNICATIONS COMMISSION"h$0*%%ZZ(#"Ԍ  X- hh@John A. Karousos  X- hh@Chief, Allocations Branch  X- hh@Policy and Rules Division  Xv- hh@Mass Media Bureau Attachment: Appendix " 0*%%ZZ "  X- hhAPPENDIX  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  X_- x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  XH-Making and Order to Show Cause and to which this Appendix is attached.  X - xj 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X - xNof Proposed Rule Making and Order to Show Cause to which this Appendix is attached.  xLProponent(s) will be expected to answer whatever questions are presented in initial comments.  xThe proponent of a proposed allotment is also expected to file comments even if it only  xresubmits or incorporates by reference its former pleadings. It should also restate its present  x.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.  Xb- 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"h$0*%%ZZ(#"  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.  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.  X1- 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.