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The reallotment  X- x proposal must serve the Commission's policies and priorities.i yO- xxԍ The FM priorities are: (1) first fulltime aural service; (2) second fulltime aural service; (3) first local service; and (4) other public interest matters. The second and third priorities are accorded coequal weight. See Llano and Marble Falls,  Xv- xTexas, 12 FCC Rcd 6809 (1997), recon. pending. In addition, the Commission stated that "the  xpublic has a legitimate expectation that existing service will continue, and this expectation is a  xfactor we must weigh independently against the service benefits that may result from reallotting  x-a channel from one community to another, regardless of whether the service removed constitutes  X - x!a transmission service, a reception service, or both." Id., 5 FCC Rcd 7097. In this case,  xpetitioner proposes to allot Channel 286B to Chittenango based solely on the new community's  xlarger population. However, as stated by the petitioner, the allotment of Channel 286B to  xChittenango requires no change in Station WVOA's transmitter site or facilities since the  xcommunity lies within the station's 70 dBu citygrade signal. Thus, no new area and population  x\will receive service if Station WVOA's license is modified to specify Chittenango instead of  xyDeRuyter. Therefore, in order to evaluate this proposal, we request that petitioner provide any  xother public interest benefit which would justify granting a waiver of the general prohibition against the removal of a community's sole local broadcast service.  X4- Technical Summaryă   ^x4. Channel 286B can be allotted to Chittenango in compliance with the Commission's  xminimum distance separation requirements, at Station WVOA's presently authorized transmitter  X- xsite, which is 29.2 kilometers (18.2 miles) south of Chittenango. i yO-ԍ The coordinates for Channel 286B at Chittenango are 424658 North Latitude and 755028 West Longitude. This site will maintain the  xpresent shortspacing to Stations WBBS, Channel 284B, Fulton, NY, WNGZ, Channel 285A,  xMontour Falls, NY, WILQ, Channel 286B, Williamsport, PA, WGKR, Channel 287A, Grand  xGorge, NY, and WKPQ, Channel 287B, Hornell, NY. We recognize that Section 1.420(i) of the  xiCommission's Rules does not specifically address grandfathered shortspacing situations such as  xthis. However, the Commission has previously found that we would consider waiving strict  xapplication of Section 73.207 in limited circumstances, provided that no new shortspacings are  xicreated, no existing shortspacings are exacerbated, and the potential for interference between the  X - xKcurrently shortspaced stations is not increased. See Newnan and Peachtree City, Georgia, 7 FCC  x Rcd 6307(1992). In this regard, we request specific comment concerning whether waiver of  xSection 73.207 would be appropriate in this instance. Chittenango is located within 320  x=kilometers (200 miles) of the U.S.Canadian border. Therefore, concurrence in the allotment by the Canadian Government is required.   x5. We believe petitioner's proposal warrants consideration since the allotment of Channel"",N(N(ZZ!"  x|286B to Chittenango could provide the community with its first local aural service. In  xcompliance with Section 1.420(i), we also propose to modify Station WVOA's license to specify  xZChittenango as its community of license without affording other interested parties an opportunity  xLto apply for the channel. Accordingly, we seek comments on the proposed amendment of the  xFM Table of Allotments, Section 73.202(b) of the Commission's Rules, for the communities listed below, to read as follows:  X_-x` `  hh@hppChannel No.  XH-x` `  City hh@hPresent   Proposed  X -x` `  Chittenango, New Yorkhpp  286B  X -x` `  DeRuyter, New Yorkh286Bpp  xx   Nx6. 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.   ?x7. Interested parties may file comments on or before April 20, 1998, W$4  and reply comments  xon or before  W$4 May 5, 1998,  W$4 and are advised to read the Appendix for the proper procedures.  xZComments should be filed with the Secretary, Federal Communications Commission, Washington,  xD.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows:  X-x` ` James L. Oysterhh x` ` 108 Oyster Lane x` ` Castleton, VA 227169720 x` ` (Counsel to petitioner)   nx8. The Commission has determined that the relevant provisions of the Regulatory  xFlexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of  X7- xAllotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  X - xzand 604 of the Regulatory  Flexibility Act Do Not Apply to Rule Making to Amend Sections  X -73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.   x9. For further information concerning this proceeding, contact LeslieK. Shapiro, Mass  xLMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  X!- xproceeding, members of the public are advised that no ex parte presentations are permitted from  xKthe time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been  xdecided and such decision is no longer subject to reconsideration by the Commission or review  Xh$- 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"#',N(N(ZZ%"  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. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhJohn A. Karousos x` `  hhChief, Allocations Branch x` `  hhPolicy and Rules Division x` `  hhMass Media Bureau Attachment: Appendix "b,N(N(ZZ"  X-x` ` APPENDIX  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  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  xRules.) Comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. "#',N(N(ZZ%"Ԍ 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.