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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. 99-124 Table of Allotments, ) RM-9519 FM Broadcast Stations. ) (Castle Dale, Utah) ) ) (Huntington, Utah) ) MM Docket No. 99-125 ) RM-9542 ) (Hurricane, Utah) ) MM Docket No. 99-126 ) RM-9518 ) ) (Kanarraville, Utah) ) MM Docket No. 99-127 ) RM-9521 ) (Mona, Utah) ) MM Docket No. 99-128 ) RM-9520 ) ) (Monticello, Utah) ) MM Docket No. 99-129 ) RM-9541 ) (Wellington,Utah) ) MM Docket No. 99-130 ) RM-9517 NOTICE OF PROPOSED RULE MAKING Adopted: April 14, 1999 Released: April 22, 1999 Comment Date: June 14, 1999 Reply Date: June 29, 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. 99-124, RM-9519 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 237C3 at Castle Dale, Utah, as the community's first local broadcast service. Community Present Proposed Castle Dale, Utah ----------- 237C3 Coordinates: 39-12-48 NL and 111-01-18 WL Additional Information: Channel 237C3 can be allotted to Castle Dale without a site restriction. Castle Dale is the County Seat of Emery County, has its own post office and zip code (84513) and is an incorporated community with a population of 1,704 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (202) 418-2180 B. MM Docket No. 99-125, RM-9542 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President, Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 296C2 at Huntington, Utah, as the community's first local broadcast service. Community Present Proposed Huntington, Utah ---------- 296C2 Coordinates: 39-19-36 NL and 110-57-50 WL Additional Information: Channel 296C2 can be allotted to Huntington without a site restriction. Huntington is an incorporated community located in Emery County. Huntington has its own post office and zip code (84528) and has a population of 1,875 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (202) 418-2180 C. MM Docket No. 99-126, RM-9518 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 275C3 at Hurricane, Utah, as the community's first local broadcast service. Community Present Proposed Hurricane, Utah ---------- 275C3 Coordinates: 37-10-30 NL and 113-17-24 WL Additional Information: The channel can be allotted to Hurricane without a site restriction. Additionally, we find that Hurricane is an incoroprated community with a population of 3,915 people according to the 1990 U.S. Census. Hurricane is located in Washington County and has its own post office and zip code (84737). FCC Contact: Kathleen Scheuerle, (202) 418-2180 D. MM Docket No. 99-127, RM-9521 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 268C2 at Kanarraville, Utah, as the community's first local transmission service. Community Present Proposed Kanarraville, Utah --------- 268C2 Coordinates: 37-32-18 NL and 113-11-06 WL Additional Information: The channel can be allotted to Kanarraville without a site restriction. Additionally, we find that Kanarraville is an incorporated community located in Iron County with a population of 228 people according to the 1990 U.S. Census. Kanarraville has its own post office and zip code (84742). Parties filing comments are requested to present the Commission with specific information to demonstrate that Kanarraville 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. E. MM Docket No. 99-128, RM-9520 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President, Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, wyoming 82009 Proposal: Allot Channel 225A to Mona, Utah, as that community's first local broadcast service. Community Present Proposed Mona, Utah ----------- 225A Coordinates: 39-46-39 NL and 111-51-41 WL Additional Information: The channel can be allotted to Mona with a site restriction 4.4 kilometeres (2.7 miles) south of the community. The site restriction will avoid a short spacing to Channel 222A, Station KTCE, Payson, Utah. Mona is an incorporated community located in Juab County. Mona has its own post office and zip code (84645) and a population of 584 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (202) 418-2180 F. MM Docket No. 99-129, RM-9541 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 291C1 to Monticello, Utah, as the community's first local broadcast service. Community Present Proposed Monticello, Utah ---------- 291C1 Coordinates: 37-52-17 NL and 109-20-32 WL Additional Information: Channel 291C1 can be allotted to Monticello without a site restriction. Monticello is the County Seat for San Juan County, has its own post office and zip code (84535). The 1990 U.S. Census credits Monticello with a population of 1,806 people. FCC Contact: Kathleen Scheuerle, (202) 418-2180 G. MM Docket No. 99-130, RM-9517 Petitioner: Mountain West Broadcasting c/o Victor A. Michael, President, Mountain West Broadcasting 6807 Foxglove Drive Cheyenne, Wyoming 82009 Proposal: Allot Channel 221C3 to Wellington, Utah, as the community's first local broadcast service. Community Present Proposed Wellington, Utah ----------- 221C3 Coordinates: 39-32-33 NL and 110-44-05 WL Additional Information: Channel 221C3 can be allotted to Wellington without a site restriction. Wellington is an incorporated community located in Carbon County. Wellington has its own post office and zip code (84542) and has a population of 1,632 people according to the 1990 U.S. Census. FCC Contact: Kathleen Scheuerle, (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 June 14, 1999, and reply comments on or before June 29, 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. 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 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.