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. ) (Flasher, North Dakota ) ) MM Docket No. 99-37 ) RM-9450 ) (Berthold, North Dakota) ) MM Docket No. 99-38 ) RM-9451 ) (Ranier, Oregon) ) MM Docket No. 99-39 ) RM-9464 ) (Richardton, North Dakota) ) MM Docket No. 99-40 ) RM-9465 ) (Wimbledon, North Dakota) ) MM Docket No. 99-41 ) RM-9466 ) (Whitefield, New Hampshire) ) MM Docket No. 99-42 ) RM-9467 ) (Narrowsburg, New York) ) MM Docket No. 99-43 ) RM-9468 ) (Stanfield, Oregon) ) MM Docket No. 99-44 ) RM-9469 ) NOTICE OF PROPOSED RULE MAKING Adopted: January 27, 1999 ; Released: February 5, 1999 Comment Date: March 29, 1999 Reply Comment Date: April 13, 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 a 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. 99-37, RM-9450 Petitioner: High Plains Broadcasting, Inc. F. William LeBeau c/o Hogan & Hartson L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004-1109 Proposal: Allot Channel 290C to Flasher, North Dakota, as the community's first local aural transmission service. Community Present Proposed Flasher, North Dakota -- 290C Coordinates: 46-27-12 NL and 101-14-06 WL Additional Information: This allotment does not require a site restriction. Canadian concurrence is required since Flasher is located within 320 kilometers (200 miles) of the U.S.-Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 B. MM Docket No. 99-38, RM-9451 Petitioner: High Plains Broadcasting, Inc. c/o F. William LeBeau Hogan & Hartson L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004-1109 Proposal: Allot Channel 264C to Berthold, North Dakota, as the community's first local aural service. Community Present Proposed Berthold, North Dakota -- 264C Coordinates: 48-18-54 NL and 101-44-12 WL Additional Information: This allotment requires no site restriction. Canadian concurrence in the allotment is required since Berthold is located within 320 kilometers (200 miles) of the U.S.- Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 C. MM Docket No. 99-39, RM-9464 Petitioner: Washington Interstate Broadcasting Company, Inc. c/o Richard J. Hayes, Jr. 8404 Lee's Ridge Road Warrenton, Virginia 20186 Proposal: Allot Channel 252A to Ranier, Oregon, as the community's first local aural service. Community Present Proposed Ranier, Oregon -- 252A Coordinates: 46-10-18 NL and 122-57-42 WL. Additional Information: This allotment requires a site restriction of 9.4 kilometers (5.8 miles) north to avoid a short-spacing to vacant and unapplied-for Channel 252C3 at Dallas, Oregon. Canadian concurrence in the allotment is required since Ranier is located within 320 kilometers (200 miles) of the U.S.-Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 D. MM Docket No. 99-40, RM-9465 Petitioner: High Plains Broadcasting, Inc. c/o F. William LeBeau Hogan & Hartson L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004-1109 Proposal: Allot Channel 270C to Richardton, North Dakota, as the community's first local aural service. Community Present Proposed Richardton, North Dakota -- 270C Coordinates: 46-50-25 NL; 102-21-35 WL. Additional Information: This allotment can be made with a site restriction of 6.2 kilometers (3.8 miles) southwest to avoid a short-spacing to Station KBTO, Channel 270C1, Bottineau, North Dakota. Canadian concurrence is required since Richardton is located within 320 kilometers(200 miles) of the U.S.-Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 E. MM Docket No. 99-41, RM-9466 Petitioner: High Plains Broadcasting, Inc. c/o F. William LeBeau Hogan & Hartson L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004-1109 Proposal: Allot Channel 276C1 to Wimbledon, North Dakota, as the community's first local aural service. Community Present Proposed Wimbledon, North Dakota -- 276C1 Coordinates: 47-10-18 NL and 98-27-30 WL Additional Information: Channel 276C1 can be allotted to Wimbledon in compliance with the Commission's minimum distance separation requirements without a site restriction. Canadian concurrence is required since Wimbledon is located within 320 kilometers (200 miles) of the U.S.- Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 F. MM Docket No. 99-42, RM-9467 Petitioner: Dana Puopolo 37 Martin Street Rehoboth, MA 02769-2103 Proposal: Allot Channel 256A to Whitefield, New Hampshire, as the community's first local aural service. Community Present Proposed Whitefield, New Hampshire -- 256A Coordinates: 44-27-17 NL and 71-31-36 WL Additional Information: Channel 256A can be allotted to Whitefield in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.9 kilometers (6.8 miles) northeast to avoid a short-spacing to Station WOKO, Channel 255C1, Burlington, Vermont. Canadian concurrence is required since Whitefield is located within 320 kilometers (200 miles) of the U.S.-Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 G. MM Docket No. 99-43, RM-9468 Petitioner: Karen L. Johnson c/o John F. Garziglia Patricia M. Chuh Pepper & Corazzini, L. L. P. 1776 K Street, N.W. Suite 200 Washington, D.C. 20006 Proposal: Allot Channel 275A to Narrowsburg, New York, as the community's first local aural service. Community Present Proposed Narrowsburg, New York -- 275A Coordinates: 41-38-00 NL; 74-59-46 WL Additional Information: Channel 275A can be allotted to Narrowsburg in compliance with the Commission's minimum distance separation requirements with a site restriction of 5.9 kilometers (3.7 miles) northeast to avoid a short-spacing to Station WMGK, Channel 275B, Philadelphia, Pennsylvania. Canadian concurrence in the allotment is required because Narrowsburg is located within 320 kilometers (200 miles) of the U.S.-Canadian border. FCC Contact: Leslie K. Shapiro, (202) 418-2180 H. MM Docket No. 99-44, RM-9469 Petitioner: Luella Hoskins 84889 March Road Milton-Freewater, OR 97862 Proposal: Allot Channel 241C3 to Stanfield, Oregon, as the community's first local aural service. Community Present Proposed Stanfield, Oregon -- 241C3 Coordinates: 45-40-40 NL; 119-23-01 Additional Information: Channel 241C3 can be allotted to Stanfield in compliance with the Commission's minimum distance separation requirements with a site restriction of 17.3 kilometers (10.7 miles) southwest to avoid a short-spacing to Station KNLT, Channel 239C, Walla Walla, Washington, and to Station KRCW, Channel 242C2, Royal City, Washington. FCC Contact: Leslie K. Shapiro, (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 February 8, 1999, and reply comments on or before February 23, 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 Attachment: Appendix 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.