WPC* 2BVTZ3|P)?xxxXWXx6X@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?xxxXWXx6X@DQX@7PC2X DXP\  P6QXP.Current Windows Form'3 XP##XP\  P6QP##XP\  P6Q DXP##XP\  P6Q DXP#3|P2E@7 Zw @ Times New Roman (TT)Times New Roman (Bold) (TT)Arial (TT)Roman"5@^?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_((((W,E(OWOOOOOOOOOOOwSKSKSKSKSK,,,,,,,,[WWOWOWOWO_W_W_W_W(KOOWSWOWOSKWOSSOOWWOOSKSKSKSKWWSK[K[O[[K[K_W_W,WWW,,,W;WSG,GE[W[WWW((WCWEOC((N((;S(GOOOS(OOOOKOOOOOO(((((((((((((((OOtOg[[GOee*,KO.wROOn[CfxKxWlRx[][ceIfIs`Wx[rriwge((((((((((((((((((((((((((((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKSHP LaserJet 4/4MCL)HPLAS4.WRSSC\  P6Q,, $iP"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS2M@CJ@@ "5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd 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!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd See Modification of FM and TV Authorizations to Specify a New Community of License, 4  X- xkFCC Rcd 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 Whitesville is an incorporated  X- xcommunity with a population of 682c yO -ԍAll population figures are taken from the 1990 U.S. Census.c persons.  5$v* Whitesville is selfgoverning with its own city  xhall, mayor and city clerk. Petitioner further states that there are a number of churches,  x=organizations, and businesses that serve the community, such as St. Mary of Woods Catholic  xChurch, St. Mary of the Woods Grade School, Trinity High School, and Goodland Grocery Store.  x Many of the churches, organizations, and businesses incorporate "Whitesville" in their names,  xsuch as, Whitesville Baptist Church, Whitesville Grade School, Whitesville Fire Department,  xWhitesville Senior Citizens Center, Whitesville Community Credit Union, Whitesville Drug Store, Whitesville Florist, and Whitesville Tire and Auto."$X0*''ZZ""Ԍ X-  ԙ x3. Moreover, petitioner contends that the reallotment of Channel 246A to Whitesville  X- xwould result in a preferential arrangement of allotments, pursuant to Revision of FM Assignment  X- xkPolicies and Procedures, 90 FCC 2d 88 (1982).7 yOK- xiԍT#C\  P6QP#he FM allotment priorities are: (1) First fulltime aural service; (2) Second fulltime aural service; (3) First local service; and (4) Other public interest matters. [Coequal weight given to priorities (2) and (3).]7 Petitioner asserts that the reallotment would  xjprovide Whitesville with its first local aural transmission service, without depriving Hawesville  x(population 998) of its sole local aural service, since Station WKCM, a fulltime AM service,  xwould remain licensed to the community. Additionally, the reallotment of Channel 246A to  x[Whitesville would provide 60 dBu coverage to an area of 2,526 square kilometers (769.8 square  xmiles) with a population of 116,818 persons, while 9,358 persons would lose service, resulting  xin a net gain of service to 66,021 persons. However, the reallotment must serve the Commission's  x=FM allotment priorities and policies. Since petitioner seeks to relocate is transmitter site, there  xLwill be areas which will lose existing service as well as areas which will gain new service. With  xrespect to evaluating proposals to change the community of license, the Commission has stated:  x"The public has a legitimate expectation that existing service will continue, and this expectation  xis a factor we must weigh independently against the service benefits may result from reallotting  x-a channel from one community to another, regardless of whether the service removed constitutes  X - xa transmission service, a reception service, or both." See Change of Community MO&O, 5 FCC  X- xRcd at 7097. Therefore, although petitioner has provided some information concerning increases  x-in service, it is requested that the petitioner provide more detailed information regarding gain and  x-loss areas if Channel 246A is reallotted to Whitesville. The study should also include the number  xyof reception services which are now available in the gain and loss areas. In addition, petitioner  xshould provide information as to the overall public interest benefits that would be derived from  xthe grant of this proposal. Since an engineering analysis has revealed that the reallotment of  xChannel 246A to Whitesville would provide a 70 dBu signal over only 16% of Owensboro,  X- xKentucky Urbanized Area, a Tuck analysis is not necessary. See Headland, Alabama and  X-Chattahoochee, Florida, 10 FCC Rcd 10352 (1995).  X-   x4. Based on the information before us, we are unable to determine whether petitioner's  xproposal would result in a preferential arrangement of allotments. However, we believe that the  x<proposal warrants consideration since the reallotment of Channel 246A to Whitesville, Kentucky,  xcould provide the community with its first local aural transmission service, without depriving  xHawesville of its sole local aural service. An engineering analysis has determined that Channel  x246A can be reallotted to Whitesville in compliance with the Commission's minimum distance  xseparation requirements with a site restriction of 13.9 kilometers (8.6 miles) north to  X - x-accommodate petitioner's requested site.   yO"-ԍThe coordinates for Channel 246A at Whitesville are North Latitude 374839 and West Longitude 865318. As requested, we shall also propose to modify Station  xKWXCM(FM)'s license to specify operation on Channel 246A at Whitesville as its new community  xyof license. In accordance with the provisions of Section 1.420(i) of the Commission's Rules, we"0*%%ZZ"  xshall not accept competing expressions of interest in the use of Channel 246A at Whitesville, Kentucky. " X-  " 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.  X1-  hh@hPresent    Proposed  X -xHawesville, Kentuckyhh@h 246App   xx 0(#(#X X -x  X - (#xWhitesville, Kentuckyhh@h pp  246Axx 0(#(#X  x 6. 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.   `x5$v% 7. Interested parties may file comments on or before March 16, 1998, and reply  xzcomments on or before March 31, 1998, and are advised to read the Appendix for the proper  xprocedures. Comments should be filed with the Secretary, Federal Communications Commission,  xWashington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows:  X-x` `   hh@hpp x` `  Patricia M. Chuh x` `  Pepper & Corazzini, L.L.P. x` `  1176 K Street, N.W., Suite 200 x` `  Washington, D.C. 20006  XN-x` `  (Counsel for Petitioner)pp   nx8. The Commission has determined that the relevant provisions of the Regulatory  xFlexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of  X- xAllotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  X- xMand 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections  X -73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.   /x9. For further information concerning this proceeding, contact Sharon P. McDonald, Mass  xLMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  Xh$- xproceeding, members of the public are advised that no ex parte presentations are permitted from"h$0*%%ZZ(#"  xKthe time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been  xdecided and such decision is no longer subject to reconsideration by the Commission or review  X- x?by any court. An ex parte presentation is not prohibited if specifically requested by the  xLCommission or staff for the clarification or adduction of evidence or resolution of issues in the  xproceeding. However, any new written information elicited from such a request or a summary  xiof any new oral information shall be served by the person making the presentation upon the other  xparties to the proceeding unless the Commission specifically waives this service requirement.  X_- xAny comment which has not been served on the petitioner constitutes an ex parte presentation  xyand shall not be considered in the proceeding. Any reply comment which has not been served  X1- xon the person(s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in the proceeding.  X - hh@FEDERAL COMMUNICATIONS COMMISSION  X- hh@hpp  xx 0(#(#X Xy-x` `  hh@John A. Karousos 0(#(#Xx` ` hh@Chief, Allocations Branch  XK- hh@Policy and Rules Division  X4- hh@Mass Media Bureau Attachment: Appendix 5$v'  5$v)   X- hh@APPENDIX  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$0*%%ZZ(#"  Xh$- 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.