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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) Table of Allotments, ) FM Broadcast Stations. ) (Clifton and Rantoul, Illinois; ) Lennox, South Dakota; Gassaway, ) Arnoldsburg and Peterstown, ) West Virginia; Sibley and ) Sioux Rapids, Iowa) ) NOTICE OF PROPOSED RULE MAKING Adopted: November 25, 1998; Released: December 4, 1998 Comment Date: January 25, 1999 Reply Comment Date: February 9, 1999 By the Chief, Allocations Branch: 1. Before the Commission for consideration is a multiple docket Notice of Proposed Rule Making setting forth separate proposals to amend the FM Table of Allotments, Section 73.202(b) of the Rules. Each petitioner has stated that it will apply for its requested channel, if allotted. We believe that each proposal warrants consideration because it complies with our technical requirements and would serve the public interest. 2. This is the first multiple docket Notice of Proposed Rule Making issued in response to a Commission Public Notice released October 2, 1998 (DA 98-1987). We are combining separate FM allotment proposals into a single Notice of Proposed Rule Making. Each proposal has its own docket and rule making number and the Commission's Reference Center will maintain a separate file for each docket. As discussed in the Public Notice, this procedure will conserve Commission resources and expedite the processing of FM allotment petitions for rule making by avoiding duplicative actions. We request comments and/or counterproposals to the following proposals: A. MM Docket No. 98-213; RM-9352 Petitioner: STARadio Corporation c/o Michael Ruger, Esq. Baker & Hostetler, LLP 1050 Connecticut Ave., N.W. Suite 1100 Washington, D.C. 20036-5304 Proposal: Allot Channel 297A to Clifton, Illinois, as the community's first local aural transmission service. Community Present Proposed Clifton, Illinois --- 297A Coordinates: 40-52-00 NL and 87-58-00 WL Additional Information: This site is 8.1 kilometers (5.0 miles) south of the community. FCC Contact: Sharon P. McDonald (202) 418-2180 B. MM Docket No. 98-214; RM-9353 Petitioner: L. Topaz Enterprises, Inc. Dale A. Ganske, President L. Topaz Enterprises, Inc. 5546-3 Century Avenue Middleton, Wisconsin 53562 Proposal: Allot Channel 277A to Rantoul, Illinois, as the community's third local FM transmission service. Proposed Community Present Rantoul, Illinois 237A, 241A 237A, 241A, 277A Coordinates 40-19-10 NL and 88-16-10 WL Additional Information: This site is 10.2 kilometers (6.3 miles) west of the community. FCC Contact: Sharon P. McDonald (202) 418-2180 C. MM Docket No. 98-215; RM-9370 Petitioner: Ken Mills Agency c/o Ernest T. Sanchez, Esq. 2000 L Street, N.W., Suite 200 Washington, D.C. 20036 Proposal: Allot Channel 256C3 to Lennox, South Dakota, as the community's first local aural transmission service. Community Present Proposed Lennox, South Dakota -- --- 256C3 Coordinates: 43-21-24 NL and 96-54-05 WL Additional Information: This site is 1.0 kilometers (0.6 miles) west of the community. FCC Contact: Sharon P. McDonald (202) 418-2180 D. MM Docket No. 98-216; RM-9381 Petitioner: Mountaineer Communications c/o Jerrold Miller, Esq. Miller & Miller, P.C. P.O. Box 33003 Washington, D.C. 20033 Proposal: Allot Channel 264A to Arnoldsburg, West Virginia, as the community's first local aural transmission service. Community Present Proposed Arnoldsburg, West Virginia --- 264A Coordinates: 38-49-00 NL and 81-06-00 WL Additional Information: This site is 3.9 kilometers (2.4 miles) northeast of the community. FCC Contact: Sharon P. McDonald (202) 418-2180 E. MM Docket No. 98-217; RM-9382 Petitioner: Mountain State Broadcasting c/o Jerrold Miller, Esq. Miller & Miller, P.C. P.O. Box 33003 Washington, D.C. 20033 Proposal: Allot Channel 253A to Gassaway, West Virginia, as the community's first local aural transmission service. Community Present Proposed Gassaway, West Virginia --- 253A Coordinates: 38-40-30 NL and 80-46-30 WL Additional Information: No site restriction is necessary. FCC Contact: Sharon P. McDonald (202) 418-2180 F. MM Docket No. 98-218; RM-9388 Petitioner: Bible Radio Broadcasters c/o Jerrold Miller, Esq. Miller & Miller, P.C. . P.O. Box 33003 Washington, D.C. 20033 Proposal: Allot Channel 244A to Peterstown West Virginia, as the community's first local aural transmission service. Community Present Proposed Peterstown, West Virginia --- 244A Coordinates: 37-26-08 NL and 80-46-07 WL Additional Information: This site is 5.4 kilometers (3.3 miles) northeast of the community. FCC Contact: Sharon P. McDonald (202) 418-2180 G. MM Docket No. 98-219; RM-9390 Petitioner: 21st Century Radio Ventures, Inc. James L. Primm, President 21st Century Radio Ventures, Inc. 530 Wilshire Blvd., Suite 301 Santa Monica, California 90401 Proposal: Allot Channel 282A to Sibley, Iowa, as the community's second local FM transmission service. Community Present Proposed Sibley, Iowa 262A 262A, 282A Coordinates: 43-24-14 NL and 95-45-45 WL Additional Information: This site is 1.3 kilometers (.8 miles) west of the community. FCC Contact: Sharon P. McDonald (202) 418-2180 H. MM Docket No. 98-220; RM-9399 Petitioner: ALALATEX Jean Hill ALALATEX 6101 Bayou Road Mobile, Alabama 36605 Proposal: Allot Channel 252A to Sioux Rapids, Iowa, as the community's second local FM transmission service. Community Present Proposed Sioux Rapids, Iowa 275C2 252A, 275C2 Coordinates: 42-53-21 NL and 95-08-53 WL Additional Information: No site restriction is necessary. FCC Contact: Sharon P. McDonald (202) 418-2180 3. Comments, reply comments, counterproposals and other pleadings filed in response to this multiple docket Notice of Proposed Rule Making should reference only the specific docket to which the filing pertains. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and filing requirements are contained in the attached Appendix and are incorporated by reference herein. In particular, we note that a showing of continuing interest is required in paragraph 2 of the Appendix before a channel will be allotted. 4. Interested parties may file comments on or before January 25, 1999, and reply comments on or before February 9, 1999, and are advised to read the Appendix for the proper procedure. Additionally, a copy of any filing should be served on the petitioner listed for the particular docket. 5. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to a rule making proceeding to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules. See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules. 46 FR 11549 (February 9, 1981). 6. For further information concerning a proceeding listed above, contact the FCC contact listed for that proceeding. For purposes of this restricted notice and comment rule making proceeding, 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 been decided and such decision in the applicable docket is no longer subject to reconsideration by the Commission or review by any court. An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. However, any new written information elicited from such a request or any summary of any new information shall be served by the person making the presentation upon the other parties to the proceeding in particular docket unless the Commission specifically waives this service requirement. Any comment which has not been served on the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding. Any reply comment which has not been served on 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. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau APPENDIX . 1. Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g)and (r), and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is attached. 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice of Proposed Rule Making to which this Appendix is attached. Proponent(s) will be expected to answer whatever questions are presented in initial comments. The proponent of a proposed allotment is also expected to file comments even if it only resubmits or incorporates by reference its former pleadings. It should also restate its present intention to apply for the channel if it is allotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request. 3. Cut-off protection. The following procedures will govern the consideration of filings in this proceeding. (a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial 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). (b) With respect to petitions for rule making which conflict with the proposals in this Notice, they will be considered as comments in the proceeding, and Public Notice to this effect will 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. (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved. 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may file comments and reply comments on or before the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached. All submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in written comments, reply comments, or other appropriate pleadings. Comments shall be served on the petitioner 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 accompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's Rules.) Comments should be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W.; TW-A325, Washington, D.C. 20554. 5. Number of Copies. In accordance with the provisions of Section 1.420 of the 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. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination 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.