WPC 2MBVRKZ3|jy.X80,QX\  P6G;P"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNe\\eWNee05eW{eeNe\NWeeeeW0'0@F0>F>F>0FF''F'mFFFF05'FFeFF>CCL0$L@000$00000000F'e>e>e>e>e>{[\>W>W>W>W>0'0'0'0'eFeFeFeFeFeFeFeFeFeFe>eFeEeFeFeFNFe>e>e>\>\>\L\>eXW>W>W>W>eFeFeFeLeFeLeF0'0F000FbNLLeFW'W8W0W0W'eFSeFeFeFeF{e\0\0\0N5N5N5NLW;W'W@eFeFeFeFeFeFeeLW>W>W>eFW0eFN5W0eFX$FF//WbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN2TT2@F0>FFFFF'-jjF*-jjFj*00>>F00TFFVj2TT2SuuNN0>Fv*"\\\\jjFjTQLFNTTF2KK^\"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""g*gngggg???z\z\z\zjrFr4rSggggggzjr\r\r\gg?gz\r?zgr3\g)%)WddddddddddddddddddddddddddddddddddddddddNBnnBcg?rgggggFCg?Bg>((??g??nggpBnnBi\\(>\>"yyyy\n\c\jnn\dy.X80,IX\  P6G;Pe7jC:,3Xj\  P6G;XP f7nC:,Xn4  pG;Xgy.\80, c\4  pG;h@|ND,i|\  P6G;Pif&J/), ӤJ\  P6G;PjH5!,,5\  P6G;,Pt-d=4,%&d2PG;&P<?xxx,+>^x6X@`7X@W!@(#,9h@\  P6G;hP yO-  1Z X-w  #XP\  P6Q3XP#Federal Communications Commission  xxDA 981426  yxdddy 1  #C\  P6QIP#v3 Before the Federal Communications Commission  yO} Washington, D.C. 20554 ă  XX-#XP\  P6Q3XP#  X*-In the Matter of hh@)  X- hh@)  X-Amendment of Section 73.202(b), @) hMM Docket No. 98134$dv134  X-Table of Allotments, @) hRM9271  X-FM Broadcast Stations. @)  X-(Sheridan, Wyoming and Colstrip, Montana) hpp  xx 0 x` `  Xr - x` `  NOTICE OF PROPOSED RULE MAKING  XD - xAdopted: July 15, 1998; Released: July 24, 1998 Comment Date: September 14, 1998 Reply Comment Date: September 29, 1998 By the Chief, Allocations Branch:  X- ` ` (#` " X-  N"x#Xj\  P6G;3XP#1. #^\  P6QiP##Xj\  P6G;3XP#The Commission has before it the petition for rule making filed by Community Media,  x-Inc. ("petitioner"), licensee of Station KYTI(FM), Channel #Xj\  P6G;3XP#243C3, Sheridan, Wyoming, proposing  xthe substitution of Channel 229C for Channel 243C3 at Sheridan, and the modification of Station  X^- xKYTI(FM)'s construction permit (File No. BPH980211IE) accordingly.^ yO- xԍPetitioner seeks the amendment of its recently granted construction permit to modify Station KYTI(FM)'s transmitter site. To accommodate the  x<upgrade, petitioner also proposes the substitution of Channel 258A for Channel 229A at Colstrip,  xMontana, and the amendment of Brian M. Encke's ("Encke") pending application for a  x.construction permit (File No. BPH970731MK) to specify operation on Channel 258A in lieu of  xChannel 229A, with cutoff protection. Petitioner states its intention to apply for the channel, if allotted.   >x2. In support of its proposal, petitioner states that it is requesting the allotment of Channel  x229C at Sheridan because of its proximity to coowned Station KZWY(FM)'s frequency in  X- xSheridan, Wyoming.   yO`#- xԍStation KZWY(FM), Channel 235C1, is licensed to Lovcom, Inc. ("Lovcom"). Lovcom and Community  xMedia, Inc. ("CMI") are coowned by common principals. Lovcom currently has a pending application (File No.  yO$- xBPH980217IF) seeking the modification of the Station KZWY(FM)'s facilities to specify, inter alia, a new  yO%-transmitter site. Petitioner further states that upgrading Station KYTI(FM) to Channel 229C  xwould allow for diplexed operation of Stations KYTI(FM) and KZWY(FM). Diplexed operation"x0*''ZZ"  xZnecessitates that Stations KYTI(FM) and KZWY(FM) frequencies be reasonably close. Petitioner  xasserts that diplexed operation of the stations will serve the public interest by allowing Lovcom  xZand CMI to operate both stations using only one antenna, resulting in one less discrete source of  xradiofrequency radiation. Further, diplexed operation will alleviate some of the public's concerns  xrelated to environmental and aesthetic issues associated with multiple radio transmission facilities.  xkMoreover, diplexed operation of Stations KYTI(FM) and KZWY(FM will allow Lovcom and  xCMI to benefit from colocation of the stations, and will enable them to redirect savings resulting  xzfrom the diplexed operation to better serve the public through additional community service programming.   x3. We believe the proposal warrants consideration since the allotment of Channel 229C  xat Sheridan, Wyoming, would enable Station KYTI(FM) to expand its service area. An  x-engineering analysis has determined that Channel 229C can be allotted to Sheridan in compliance  xwith the Commission's minimum distance separation requirements without the imposition of a  X - x[site restriction at petitioner's authorized construction permit site. | O7-Ѝ#&d2PG;&P##C\  P6QIP#T#C\  P6QIP#he coordinates for Channel#x6X@`7>^X@##&d2PG;&P# #C\  P6QIP#229C at Sheridan #C\  P6QIP# are North Latitude 443720 and West Longitude 1070657.  Additionally, Channel 258A  X -can be allotted at Colstrip at Encke's requested application site. 1| yO- x#C\  P6QIP#э#&d2PG;&P##C\  P6QIP#T#C\  P6QIP##C\  P6QIP##C\  P6QIP#he coordinates for Channel 258A at Colstrip are North Latitude 455342 and West Longitude 1063638.    x4. As requested, we shall propose to modify the license of Station KYTI(FM) at Sheridan  xto specify operation on Channel 229C in lieu of 243C3. In accordance with Section 1.420(g)(2)  xof the Commission's Rules, we will not accept competing expressions of interest for the use of  xChannel 229C at Sheridan, Wyoming, since petitioner has demonstrated the availability of an  xiadditional equivalent channel at Sheridan for use by such other interested parties. If the proposal  xis adopted, the applicant for Channel 229A at Colstrip, Montana, will be permitted to amend his application to specify operation on Channel 258A, with cutoff protection.   x5. Whenever an existing licensee or permittee is ordered to change frequency to  xMaccommodate a new channel allotment, Commission policy requires the benefitting party to  X- xreimburse the affected station for costs incurred. See Circleville and Columbus, Ohio, 8 FCC 2d  x159 (1967). Here, the requirement is not applicable because the applicant for Channel 229A at  xColstrip, Montana, is not yet a permittee. However, in the event a construction permit is issued  xfor Channel 229A at Colstrip, Montana, prior to the finalization of this proceeding, petitioner will  xbe required to reimbursement the permittee for reasonable costs incurred in changing frequency.  xjTherefore, petitioner should indicate its willingness to abide by that requirement. Failure to do so could result in a denial of this proposal.    "0*%%ZZ"Ԍ  x6. 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 hChannel No.  Xv- hh@Present ppProposedxx 0  X_-x` `  hh@hpp    XH-xSheridan, Wyominghh@235C1, 243C3235C1,H| yO - xԍA "onestep" upgrade application was filed by petitioner requesting the substitution of Channel 235C for Channel 235C1 at Sheridan, Wyoming 229C x  X -xColstrip, Montanahh@229Ahpp 258A     x7. IT IS FURTHER ORDERED, That the Secretary SHALL SEND, BY CERTIFIED  X - x\MAIL, RETURN RECEIPT REQUESTED, a copy of this Notice of Proposed Rule Making to the following applicant: x` `   x` `  Brian M. Encke x` `  1503 Copperville Road x` `  Cheyenne, Wyoming 82001 x` `  hh  X4-  ! x8. 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.   nx9. Interested parties may file comments on or before September 14, 1998, and reply  xcomments on or before September 29, 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` `  John F. Garziglia, Esq. x` `  Pepper & Corazzini, L.L.P. x` `  1776 K Street, N.W., Suite 200 x` `  Washington, D.C. 20006  X-x` `  (Counsel for Petitioner) pp   x10. The Commission has determined that the relevant provisions of the Regulatory"! 0*%%ZZ "  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.(#(#X   mx11. 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  X - 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 - x<requirement. Any comment which has not been served on the petitioner constitutes an ex parte  X- 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  Xb-an ex parte presentation and shall not be considered in the proceeding.  X4- 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 " 0*%%ZZ"  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  X- 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 are 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.  X7- 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 and Order to Show Cause to which this Appendix is attached. All submissions by  xparties to this proceeding or by persons acting on behalf of such parties must be made in written  xcomments, reply comments, or other appropriate pleadings. Comments shall be served on the  xpetitioner by the person filing the comments. Reply comments shall be served on the person(s) who filed comments to which the reply is directed. Such comments and reply comments shall be  $dv  "h$0*%%ZZ(#"Ԍ X- x $dv accompanied 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.