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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. ) (Allen, Nebraska) ) MM Docket No. 99-82 ) RM-9496 ) (Saranac Lake, New York ) ) MM Docket No. 99-83 ) RM-9500 ) (Stratford, New Hampshire ) ) MM Docket No. 99-84 ) RM-9501 ) (Overton, Nevada) ) MM Docket No. 99-85 ) RM-9504 ) (Fruitland, New Mexico) ) MM Docket No. 99-86 ) RM-9505 NOTICE OF PROPOSED RULE MAKING Adopted: March 10, 1999 ; Released: March 19, 1999 Comment Date: May 10, 1999 Reply Comment 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 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. 99-82, RM-9496 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, Jr., President 6807 Foxglove Drive Cheyenne, WY 82009 Proposal: Allot Channel 265A to Allen, Nebraska, as the community's first local aural transmission service. Community Present Proposed Allen, Nebraska -- 265A Coordinates: 42-27-14 NL and 96-51-07 WL Additional Information: This allotment requires a site restriction of 4.4 kilometers (2.7 miles) north to avoid a short-spacing to Station KGBI-FM, Channel 264C, Omaha, NE. FCC Contact: Leslie K. Shapiro, (202) 418-2180 B. MM Docket No. 99-83, RM-9500 Petitioner: Dana Puopolo 37 Martin St. Rehoboth, MA 02769-2103 Proposal: Allot Channel 276A to Saranac Lake, New York, as the community's third local FM service. Community Present Proposed Saranac Lake, New York 269A, 292C3 269A, 276A, 292C3 Coordinates: 44-19-48 NL and 74-08-00 WL. Additional Information: Canadian concurrence as a short-spaced specially negotiated allotment is required since Saranac Lake is located within 320 kilometers (200 miles) of the U.S.-Canadian border and the allotment would be short-spaced to the proposed allotment of Channel 276A, Huntington, Quebec, and vacant Channel 276A at Valleyfield, Quebec, Canada. FCC Contact: Leslie K. Shapiro, (202) 418-2180 C. MM Docket No. 98-84, RM-9501 Petitioner: Peter George 33 Stetson St., Apt. #2 Whitman, MA 02382 Proposal: Allot Channel 254A to Stratford, New Hampshire, as the community's first local aural service. Community Present Proposed Stratford, New Hampshire -- 254A Coordinates: 44-43-54 NL and 71-34-10 WL Additional Information: This allotment requires a site restriction of 8.6 kilometers (5.3 miles) north to avoid a short-spacing to the proposed allotment of Channel 256A at Whitefield, New Hampshire (MM Docket No. 99-42). Canadian concurrence in the allotment is required since Stratford 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. 99-85, RM-9504 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, Jr., President 6807 Foxglove Drive Cheyenne, WY 82009 Proposal: Allot Channel 295C1 to Overton, Nevada, as the community's first local aural transmission service. Community Present Proposed Overton, Nevada -- 295C1 Coordinates: 36-53-17 NL and 114-34-27 WL Additional Information: This allotment requires a site restriction of 40 kilometers (24.9 miles) north to avoid short-spacings to Stations KSNE-FM, Channel 293C, Las Vegas, Nevada, KCCA, Channel 296C3, Colorado City, Arizona, and to the construction permit of a new station on Channel 296B, Needles, California. FCC Contact: Leslie K. Shapiro, (202) 418-2180 E. MM Docket No. 99-86, RM-9505 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, Jr., President 6807 Foxglove Drive Cheyenne, WY 82009 Proposal: Allot Channel 300A to Fruitland, New Mexico, as the community's first local commercial aural transmission service. Community Present Proposed Fruitland, New Mexico -- 300A Coordinates: 36-44-18 NL and 108-23-30 WL Additional Information: This allotment requires no site restriction. As Fruitland is not incorporated nor listed in the U.S. Census, the proponent must demonstrate its community status. This may be proven by the testimony of local residents or by objective or subjective evidence indicating the existence of a community. See Beacon Broadcasting, 2 FCC Rcd 3469 (1987), aff'd, 2 FCC Rcd 7562 (1987). Some examples of objective indications of community status include the existence of political, social, economic, commercial, cultural or religious organizations and services in the community. See Kenansville, Florida, 5 FCC Rcd 2663 (Policy and Rules Div. 1990), aff'd 10 FCC Rcd 9831 (1995). Petitioner is requested to provide additional information regarding the attributes of Fruitland, New Mexico, consistent with the above guidelines. 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 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 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.