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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)"5@^*7\TT/77T_*7*/TTTTTTTTTT77___TxoxxofAToxfx\oxxxxo7/7aT7T\J\J7T\/7\/\T\\JA7\TxTTJB%BW*7777BE7T\xTxTxTxTxTxxJoJoJoJoJA/A/A/A/x\TTTTx\x\x\x\xTxTx\TTxTxTf\xTxTxTxJxJxJoJoJoJTTTT\\B\A\A7A\T\o/oEx\x\TxxJxJ\A\AN:*ZT7TTTTTT27}}T2}}T}277TTT77TT7T72t7[[[[_ee*B`_-wSTTn[Cfx`xWkRx[\[ceIfIs`Wx[rriwhe*7\TT/77T_*7*/TTTTTTTTTT77___TxoxxofAToxfx\oxxxxo7/7aT7T\J\J7T\/7\/\T\\JA7\TxTTJB%BW7TTTT7\777TT:T7A7xx*7TTTT%T7}2T_7}TB[227`Z*727T}}}TxxxxxxxooooAAAAxx_xxxxxf\TTTTTTxJJJJJ////T\TTTTT[T\\\\T\y.C8*,/C\  P6QP.y.G8*,`G4  pQ7PC2,CXP\  P6QXP.7UC2,XU4  pQXCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2BRdd$BBdq2B28dddddddddd88qqqYzoBNzoozzB8B^dBYdYdYBdd88d8ddddBN8ddddY`(`l2BB!BBPRBddYYYYYYzYzYzYzYB8B8B8B8ddddddddddYdddddoddYYYYYzYzYzYddddddPdBdBBBdNdz8zRdddBRoNoNNF2ZdBYddddd7>d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddnddddddd2@@:Zz@"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBddddddddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd"5@^!)22SN!!28!2222222222888-\HCCH=7HH!'H=YHH7HC7=HH^HH=!!/2!-2-2-!222N2222!'22H22-006!!!!()!22H-H-H-H-H-YCC-=-=-=-=-!!!!H2H2H2H2H2H2H2H2H2H2H-H2H2H2H2H272H2H-H-C-C-C-=-=-=-H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)7'7'N#-2!-22222KK2LL2K!!--2d!!22bd!-d!t!77778c<d<d<BBoodBBddBoBddzzzzzzzzzzBBBBozdddddddYYYYY8888dddddddndddddYdy.C8*,/C\  P6QP.y.G8*,`G4  pQ7PC2,CXP\  P6QXP.7UC2,XU4  pQXW!0(,߳h0\  P6QhPI(!,ϯ,(\  P6Q,P{,C8*,3VC*f9 xQX5PC2,3fXP*f9 xQXXC:\TEMP\WPPBP{TD.1\WP}WP{PJ.1Times New Roman (TT)Times New Roman d) (TT)Times New Roman (Italic) (TT)   X   DU X-x` `  hh@hpp#G4  pQ`# DA 98554y  #XP\  P6QCXP#Federal Communications Commission  xx`(#(#X ă  yxdddy ;Before the Federal Communications Commission Washington, D.C. 20554  X -#XP\  P6QCXP#In the Matter ofR#XP\  P6QCXP#) R)  X-Amendment of Section 73.202(b)hh@hppMM Docket No. 9840R)  X-Table of Allotments,R)hppRM9240 FM Broadcast Stations.R) (Gurdon, Arkansas)R)  NOTICE OF PROPOSED RULE MAKING TP  XQ -X` hp x (#%'0*,.8135@8:of PGR Communications, Inc. ("petitioner"), licensee of Station KYXK(FM), Channel 224A,  xZGurdon, Arkansas, requesting the substitution of Channel 295A for Channel 224A at Gurdon, and  x modification of the license for Station KYXK(FM) accordingly. Petitioner states that it will  xapply for Channel 295A if it is allotted as requested, and if authorized, will promptly construct such improved facilities.   x2. In support of the proposal, petitioner states that Station KYXK(FM) is currently  xNprecluded from operating with full Class A facilities due to minimum distance separation  X- xconstraints.@ yOZ- xjԍIn this regard, petitioner advises that Channel 224A was allotted to Gurdon under the former  73.207(b)  xspacing requirements at which time Class A facilities were limited to 3.0 kilowatts. Petitioner states that under the  xpresent requirements of 73.207(b), its licensed site is shortspaced to Station KTKC(FM), Channel 224A, Springhill,  xyLouisiana, at coordinates 330028 and 932843. Although a construction permit has been issued to Station  xiKTKC(FM) to operate on Channel 225C2 at Springhill at coordinates 330030 and 932838 (File No. BMPH x970717IC), which, if granted, will remove the noted spacing conflict, Station KTKC(FM) remains licensed on  xChannel 224A at Springhill, and therefore precludes Station KYXK(FM) from attaining 6.0 kilowatt operation on Channel 224A at Gurdon.  However, petitioner asserts that the substitution of channels at Gurdon will enable  xStation KYXK(FM) to improve its Class A facilities to six kilowatts, and expand its coverage  xarea to 26,204 persons in an area of approximately 2,506 square kilometers. Petitioner advises  xthat the requested service improvement represents an increase of 8,553 persons and an area gain of approximately 822 square kilometers.   x3. We believe the public interest would be served by soliciting comments on the  xproposed substitution of Channel 295A for Channel 224A at Gurdon, Arkansas, since the"@ ,))ZZ"  xrequested service improvement will enable Station KYXK(FM) to provide the community and  xits environs with an improved coverage FM service. A staff engineering study confirms that  xChannel 295A can be allotted to Gurdon in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules at the petitioner's suggested site,  x.located 4.9 kilometers (3 miles) northwest of the community at coordinates 335659 and 9311 X-08." yO- xԍThe site restriction is required to avoid a short spacing to the licensed site of Station KKOLFM, Channel  xY296A, Hampton, Arkansas, at coordinates 333223 and 923459. Although Station KKOLFM has been modified  xto specify operation on Channel 293C3 in lieu of Channel 296A at Hampton at coordinates 333500 and 921600,  {O^ -it remains operational on Channel 296A. See 5 FCC Rcd 5884 (1990).  x   x4. As requested, we will propose to modify the petitioner's license for Station  x.KYXK(FM) to specify operation on Channel 295A at Gurdon, Arkansas. Additionally, we will  xnot accept competing expressions of interest in the use of Channel 295A at Gurdon since the  X - xprocedures set forth in Modification of FM and TV Licenses, 98 FCC 2d 916 (1984), and Section  x1.420(g) of the Commission's Rules do not apply in this instance as no upgrade in facilities is  X -requested.\  yOQ- xԍChannels of the same class are considered to be equivalent unless a demonstration has been made that a station  {O- xcannot be built for such reasons as environmental or FAA constraints. See Vero Beach, Florida, 3 FCC Rcd 1049  {O-(1988), rev. denied, 4 FCC Rcd 2184, 2185 (1989).   x5. Accordingly, we seek comments on the proposed amendment to the FM Table of  xjAllotments, Section 73.202(b) of the Commission's Rules, with respect to Gurdon, Arkansas, as follows:  Xd-x` `  hh@hChannel No.  XM-  XhX` hp x (#%'0*,.8135@8:on or before June 2, 1998, and are advised to read the Appendix for the proper procedures.  xZComments should be filed with the Secretary, Federal Communications Commission, Washington,  x<D.C. 20554. Additionally, a copy of such comments should be served on the petitioner's counsel, as follows: " ,N(N(ZZ=" x` `  Cary S. Tepper, Esq. x` `  Booth, Freret, Imlay & Tepper, P.C. x` `  5101 Wisconsin Avenue, N.W. x` `  Suite 307 x` `  Washington, D.C. 200164120   nx 8. 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  X1- 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),and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.   ^x 9. For further information concerning this proceeding, contact Nancy Joyner, 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 the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has  x.been decided and such decision is no longer subject to reconsideration by the Commission or  Xb- xyreview 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 of any new oral information shall be served by the person making the presentation upon the  xother 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-  Xhan ex parte presentation and shall not be considered in the proceeding.  0 x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  John A. Karousos  X- x` `  Chief, Allocations Branch  X - x` `  Policy and Rules Division xx  X!- x` `  Mass Media Bureau Attachment: Appendix "h$,N(N(ZZ(#"  X-3APPENDIX pp x` `    x 1. Pursuant to authority contained 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- x[ 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice of  X - xProposed 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 Procedures. 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 in  xkinitial comments, so that parties may comment on them in reply comments. They will not be 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 proposal(s) 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 in  xSections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may file  X- x.comments and reply comments on or before the dates set forth in the Notice of Proposed Rule  X - xMaking to which this Appendix is attached. All submissions by parties to this proceeding or by  xpersons acting on behalf of such parties must be made in written comments, reply comments, or  xother appropriate pleadings. Comments shall be served on the petitioner by the person filing the  xycomments. Reply comments shall be served on the person(s) who filed comments to which the  xLreply is directed. Such comments and reply comments shall be accompanied by a certificate of  xzservice. (See Section 1.420(a), (b) and (c) of the Commission's Rules.) 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  xexamination 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.