WPCm+ 2B3T 3|P)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (TT) 555A LPT2HPLAIISI.WRSx  @,,,?"LX@2/@?P@ Z3|PTimes New Roman (TT)Times New Roman (Bold) (TT)Arial (TT)Roman"5@^*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ*7777BE7TTxJxJxJxJxJooJfJfJfJfJ7/7/7/7/xTxTxTxTxTxTxTxTxTxTxJxTxTxTxTxT\TxTxJxJoJoJoJfJfJfJxTxTxxTxTxTxTBT7T777TAxTf/fExTxTxTxo7oE\A\AN:*KT7JTTTTT.3}}T2T}277JJT77TT7J72t7[[[[^ee*B`^-wSTTn[Cfx`xWkRx[\[ceIfIs`Wx[rriwhe*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ7TJTT7\777JJ:T7A7xx*7TTTT!T7.T^7TB[227`K*723T}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx\TJJJJJJoJJJJJ////TTTTTTT[TTTTTTTHP LaserJet IIISiroom 555A LPT2HPLAIISI.WRSC\  P6Q,,,?"LP2k@aEJ @+ "5@^2BRdd$BBdq2B28dddddddddd88qqqYzoBNzoozzB8B^dBYdYdYBdd88d8ddddBN8ddddY`(`l2BB!BBPRBddYYYYYYzYzYzYzYB8B8B8B8ddddddddddYdddddoddYYYYYzYzYzYddddddPdBdBBBdNdz8zRdddBRoNoNNF2ZdBYddddd7>d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddndddddddTimes New Roman (TT)Times New Roman (Bold) (TT)Arial (TT)Roman7PC2,CXP\  P6QXP.7UC2,XU4  pQX.y.G8*,`G4  pQCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd X- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G;CXP##XP\  P6QCXP##XP\  P6QCXP##XP\  P6QCXP#"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBdddddd0>k3====IL=epzfzfzfzfzf\zfzfzfzf33333333fffffffffz\zffpfz\fzfzfzfzf\\\zfzfzfffffffIp=p==3p\z\f)fLfff=Lz\z\N@3cf=pfffffDCf=f=))==f==ff)===t=ddddkoo.Iik2[ffydCpi`vZdfdloPpPi`d}}tro33Affz#==Gk3=33ffffffffff33kkkfzzzp3\zfzzpzzzp333Vf=ff\ff3ff))\)ffff=\3f\\\\>0>k)f=ff=z=))==@f=\=z3=ffff0f=Dfk=eId===ic3==Cfpzzzzzzzzzz3333kzzpffffff\ffff3333fffffffdpffff\fies involved.  X "5@^'==bI%%+@%==========@@@=pIIOOICVO7I=\OVIVOICOIhIIC4=%==7====7\====%7=7O777%%@%%%%,-%=CI=I=I=I=I=nbO7I=I=I=I=O=V=V=V=V=O=O=O=O=I7I=O=VCV=I7O=I=I=I=I=O7O7O7I=I=I=V=V=VV=V=O=O=,C%C%%C7I7==-O=O=V=nhO%O-I7I7N&;=%C=====)(\\=%QQ=\%%%=n%%==nn%n%%t%<<<<@mCCs,?@[O6Wms[==TTTH_ See Modification of FM and TV Authorizations to Specify a New Community of License, 4  X- x@FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990). In support of his  xLproposal, petitioner states that Brownsville is an incorporated community with a population of  Xx- x=897x O%-#C\  P6Q/P##C\  P6Q/P##X\  P6G;/P##&d2PG;&P#Ѝ#C\  P6Q/P##X\  P6G;/P##K\  P@QP##C\  P6Q/P#A#C\  P6Q/P#ll population figures are taken from the 1990 U.S Census. persons and has a mayorcouncil form of government. It is the county seat of Edmonson  xLCounty (population 10,357) and is also the retail and financial center for the county. Petitioner"a 0*''ZZ"  x{further states that it is the location of the county courthouse and several county offices.  x<Brownsville has two banks, over 50 retail establishments, a weekly newspaper, an elementary and  xhigh school, three churches, and a Chamber of Commerce. Moreover, petitioner asserts that  xbecause Mammoth Cave National Park is located in Edmonson County and attracts a significant  xnumber of tourists, county tourism revenue for 1995 increased by 6.6% over 1994 to  x>$59,068,157. Petitioner notes that Brownsville is a growing community with a 65.5% gain in  xpopulation in 20 years. Petitioner contends that the reallotment will not deprive Beaver Dam  X_- x-of an "existing service" since the station is unbuilt, citing Midway, Panacea and Quincy, Florida,  x10 FCC Rcd 6122, para. 6 (1995). Furthermore, petitioner asserts that the reallotment to  xBrownsville will result in a preferential arrangement of allotments by serving the goals of Section  xj307(b) of the Communications Act of 1934, as amended, by providing a first local transmission  xservice to Brownsville. By way of contrast, retaining Station WAUE(FM), Channel 264A, in  xBeaver would trigger priority four because it would be a second local transmission service to  x/Brownsville. This is due to the fact that Station WSNR(AM) (1600 kHz) has recently been  X - x[reallotted from Hartford to Beaver Dam, Kentucky.  yO7- xԍA license (File No. BLH970912KC) was issued on December 11, 1997, and Station WSNR(AM) is operating in Beaver Dam. Petitioner also asserts that the reallotment  xywill provide new service to 103,729 persons, while theoretically only 19,696 persons would lose  xjreception service, who already receive at least five fulltime reception services. The reallotment  xwould result in a net gain in population of 84,033 persons to an area of 853 square kilometers  xk(329 square miles); and an area of 142.4 square kilometers (55 square miles) containing 1,208 persons will gain a fifth fulltime reception service.   x3. Based on the information before us, we believe that the proposal warrants  xLconsideration since the reallotment of Channel 264C3 to Brownsville, Kentucky, could provide  X- xjthe community with its first local aural transmission service under our allotment priorities,X  yO- xiԍThe FM allotment priorities are: (1) First fulltime aural service; (2) Second fulltime aural service; (3) First  yO- xlocal service; and (4) Other public interest matters. [Coequal weight given to priorities (2) and (3)]. See Revision  yOP-of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982).Ĝ and  xwould allow Station WAUE(FM) to expand its service area. In addition, the proposed  xkreallotment and change of community of license to Brownsville would not result in a loss of  xLservice to Beaver Dam since Station WAUE(FM) is unbuilt and since Station WSNR(AM) has  xbeen reallotted and has changed its community of license from Hartford to Beaver Dam. An  xengineering analysis has determined that Channel 264C3 can be allotted to Brownsville in  xcompliance with the Commission's minimum distance separation requirements without the  XN- xKimposition of a site restriction at petitioner's requested site.N@ yO?#-#C\  P6Q/P##C\  P6Q/P##C\  P6Q/P##X\  P6G;/P##X\  P6G;/P##C\  P6Q/P#э#C\  P6Q/P##C\  P6Q/P##X\  P6G;/P##X\  P6G;/P##X\  P6G;/P##&d2PG;&P##&d2PG;&P##C\  P6Q/P#T#C\  P6Q/P##C\  P6Q/P##X\  P6G;/P##C\  P6Q/P#h#C\  P6Q/P##C\  P6Q/P#e coordinates for Channel 264C3 at Brownsville are North Latitude 371034 and West Longitude 861808. As requested, we shall also propose  xto modify the station's construction permit to specify operation on Channel 264C3 at Brownsville"70*%%ZZ"  xas its new community of license. In accordance with the provisions of Section 1.420(i) of the  xCommission's Rules, we shall not accept competing expressions of interest in the use of Channel  x264C3 at Brownsville, Kentucky, or require the petitioner to demonstrate the availability of an additional equivalent class channel for use by such parties.   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:  X1- ` ` City hppChannel No.  X -  hh@hPresent    Proposed  X -xBeaver Dam, Kentuckyhh@h 264App   xx 0(#(#X X -x  X -xBrownsville, Kentuckyhh@h pp  264C3 0(#(#Xx  x 5. 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 6. Interested parties may file comments on or before April 6, 1998, and reply comments  xon or before April 21, 1998, and are advised to read the Appendix for the proper procedures.  xZComments should be filed with the Secretary, Federal Communications Commission, Washington,  xD.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` `  Brian M. Madden, Esq. x` `  Leventhal, Senter & Lerman x` `  2000 K Street, N.W., Suite 600 x` `  Washington, D.C. 20006  X -x` `  (Counsel for Petitioner)pp   Ax7. 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. "h$0*%%ZZ(#"Ԍ  lx8. IT IS ORDERED, That the Petition for Reconsideration filed by Charles M. Anderson, IS DISMISSED as moot.   /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  XH- 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  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.  Xb- 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  X- hh@Mass Media Bureau Attachment: Appendix "N0*%%ZZ^"  X- hhAPPENDIX  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.