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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), ) MM Docket No. 99-77 Table of Allotments, ) RM-9489 FM Broadcast Stations. ) (Frenchtown, Montana) ) ) (Blackduck, Minnesota) ) MM Docket No. 99-78 ) RM-9487 ) (Broadview, Montana) ) MM Docket No. 99-79 ) RM-9488 ) ) (Hubbardston, Michigan) ) MM Docket No. 99-80 ) RM-9493 ) NOTICE OF PROPOSED RULE MAKING Adopted: March 10, 1999 Released: March 19, 1999 Comment Date: May 10, 1999 Reply Date: May 25, 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 combing 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. 99-77, RM-9489 Petitioner: Idaho Broadcasting Consortium c/o Lee W. Shubert Haley Bader & Potts P.L.C. 4350 North Fairfax Drive, Suite 900 Arlington, Virginia 22203-1633 Proposal: Allot Channel 294C2 at Frenchtown, Montana, as the community's first local broadcast service. Community Present Proposed Frenchtown, Montana ----------- 294C2 Coordinates: 47-00-54 NL and 114-14-00 WL Additional Information: Channel 294C2 can be allotted to Frenchtown without a site restriction. Since Frenchtown is located within 320 kilometers of the U.S.-Canadian border, concurrence of the Canadian Government will be requested for this allotment. FCC Contact: Kathleen Scheuerle, (202) 418-2180 B. MM Docket No. 99-78, RM-9487 Petitioner: Community Religious Broadcasters c/oHarry F. Cole Bechtel & Cole, Chartered 1901 L Street, N.W., Suite 250 Washington, D. C. 20036 Proposal: Allot Channels 221A and 283A at Blackduck, Minnesota, as the community's second and third FM broadcast service. Community Present Proposed Blackduck, Minnesota 252C2 221A, 252C2, 283A Coordinates: 47-43-48 NL and 94-32-54 WL --Channel 221A 47-43-48 NL and 94-32-54 WL --Channel 283A Additional Information: Since Blackduck is located within 320 kilometers of the U.S-Canadian border, concurrence of the Canadian Government will be requested for these allotments. FCC Contact: Kathleen Scheuerle, (202) 418-2180 C. MM Docket No. 99-79, RM-9488 Petitioner: Windy Valley Broadcasting c/o Victor A. Michael, President Windy Valley Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 290C3 at Broadview, Montana, as the community's first local broadcast service. Community Present Proposed Broadview, Montana ------- 290C3 Coordinates: 46-06-00 NL and 108-52-36 WL Additional Information: The channel can be allotted to Broadview without a site restriction. Additionally, we find that Broadview is an incoroprated community with a population of 133 according to the 1990 U.S. Census. Parties filing comments are requested to present the Commission with specific information to demonstrate that Broadview has the social, economic and governmental indicia to qualify it as a "community" for allotment purposes. See Gretna, Marianna, Quincy and Tallahassee, Florida, 6 FCC Rcd 633 (1991) and cases cited therein. FCC Contact: Kathleen Scheuerle, (202) 418-2180 D. MM Docket No. 99-80, RM-9493 Petitioner: Garry Zack c/o Robert L. Olender Baraff, Koerner & Olender, P.C. 3 Bethesda Metro Center, Suite 640 Bethesda, Maryland 20814-5330 Proposal: Allot Channel 279A at Hubbardston, Michigan, as the community's first local transmission service. Community Present Proposed Hubbardston, Michigan ----------- 279A Coordinates: 43-05-53 NL and 84-51-54 WL Additional Information: Since Hubbardston is located within 320 kilometers (220 miles) of the U.S.-Canadian border, concurrence of the Canadian Government will be requested for the allotment of Channel 279A at Hubbardston. The channel can be allotted to Hubbardston with a site restriction 2.1 kilometeres (1.3 miles) west of the community.. 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 May 10, 1999, and reply comments on or before May 25, 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 rule making proceedings to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules. See Certification that Sections 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b) and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 8. 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 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 a summary of any new oral information shall be served by the person making the presentation upon other parties to the proceeding 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 this 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 Procedures. 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 proposal(s) 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 Secretary, Federal Communications Commission, Washington, 445 Twelfth 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 Public Reference Room at its Headquarters, Washington, D. C.