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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G;WXP##XP\  P6QWXP##XP\  P6QWXP##XP\  P6QWXP#SxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2(@@ @^#Z&"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd<!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006G!2,d22!d8!Y!!,,#2d!b'!HH!22222!L28!L2(7!:-!2KKK,HHHHHHYC====!!!!HHHHHHH8HHHHHH82,,,,,,C,,,,,222222272222222 nZ'  0 e4x  #XP\  P6QWXP#Federal Communications Commission  *xxXDA 99899   yxdddy 0  #C\  P6Q6P#uf Before the Federal Communications Commission  nZ'9Washington, D.C. 20554 ă  eX4#XP\  P6QWXP#  e*4In the Matter of hhCq)  e4 hhCq)  e4Amendment of Section 73.202(b), q) MM Docket No. 99167  e4Table of Allotments, q) RM9391  e4FM Broadcast Stations. q)  e4(Mount Olive and Staunton, Illinois)q)pp  *xxX (#(# e 4` `  hhC    *  e 4 ` `  NOTICE OF PROPOSED RULE MAKING Adopted: May 5, 1999; Released: May 14, 1999 Comment Date: July 6, 1999 Reply Comment Date: July 21, 1999  e4By the Chief, Allocations Branch: hhC (#h " p4 "h"1.#|\  P6G;wP# #Xj\  P6G;WXP#The Commission has before it the petition for rule making filed by Talley Broadcasting  xcCorporation ("petitioner"), permittee of Station WSTNFM, Channel 287A, Mount Olive, Illinois,  xproposing the reallotment of Channel 287A from Mount Olive to Staunton, Illinois, and the  xmodification of Station WSTNFM's construction permit accordingly. Petitioner states its intention to apply for the channel, if reallotted to Staunton.  "2. Petitioner seeks to invoke the provisions of Section 1.420(i) of the Commission's  xRules, which permit the modification of a station's license to specify a new community of license  xwithout affording other interested parties an opportunity to file competing expressions of interest.  e 4 xSee Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC  e4 x_Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990). In support of its proposal,  xpetitioner states that although the allotment would provide a first local service to either  e4 xIcommunity, Mount Olive has a population of 2,126c2` nZ@ 'ԍAll population figures are taken from the 1990 U.S. Census.c persons, whereas Staunton has a population  xof 4,806 persons, more than twice the population of Mount Olive. Petitioner further states that  x/the reallotment would not result in the removal of an existing service since the station is unbuilt,  e 4 xhciting, Bagdad and Chino Valley, Arizona  61 F.R. 60043 (1996); Sanibel and San Carlos,  ek!4 xFlorida, 10 FCC Rcd 7215 (1995); Pawley's Island and Atlantic Beach, South Carolina, 8 FCC  eT"4 xRcd 8657 (1993); Glencoe and LeSueur, Minnesota, 7 FCC Rcd 7651 (1992)0. Petitioner asserts "&$X0*''ZZ""Ԍ xԙthat the reallotment will result in a preferential arrangement of allotments since it would conform  X4 xwith FM allotment priorities by providing a first local service to Staunton, the larger of the two  X4communities.X yOK' xM ԍThe FM allotment priorities are: (1) First fulltime aural service; (2) Second fulltime aural service; (3) First  yO' xQ local service; and (4) Other public interest matters. [Coequal weight given to priorities (2) and (3)]. See Revision  yO'of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982).Ģ  X4   "3. In further support of the reallotment, petitioner advises that Staunton is an incorporated  xcommunity with an elected mayor and aldermanic form of government. Staunton has its own  xcweb site, police and firefighting forces, hospital, library, Chamber of Commerce, school district,  xchurches, banks, and a substantial number of local businesses. It also has its own post office and zip code. Lastly, Staunton is not located in or near an urbanized area.   "44. We believe that the proposal warrants consideration since the reallotment of Channel  x287A to Staunton, Illinois, could provide the community with its first local aural transmission  x}service. Since the station is unbuilt, the reallotment would not result in the removal of an existing  x/service at Mount Olive. Moreover, since petitioner does not seek to change its transmitter site,  x[there will be no potential gain or loss areas. An engineering analysis has determined that  xChannel 287A can be reallotted to Staunton in compliance with the Commission's minimum  xNdistance separation requirements without the imposition of a site restriction at petitioner's  Xy4 x"authorized construction permit site.y yO'#C\  P6QɒP##C\  P6QɒP##C\  P6QɒP##X\  P6G;ɒP##X\  P6G;ɒP##C\  P6QɒP#э#C\  P6QɒP##C\  P6QɒP##X\  P6G;ɒP##X\  P6G;ɒP##X\  P6G;ɒP##&d2PG;t&P##&d2PG;t&P##C\  P6QɒP#T#C\  P6QɒP##C\  P6QɒP##X\  P6G;ɒP##C\  P6QɒP#h#C\  P6QɒP##C\  P6QɒP#e coordinates for Channel 287A at Staunton are 390237 North Latitude and 894456 West Longitude. As requested, we shall propose to modify Station WSTN x"FM's construction permit to specify operation on Channel 287A at Staunton, Illlinois, as its new  xcommunity of license. In accordance with the provisions of Section 1.420(i) of the Commission's  xRules, we shall not accept competing expressions of interest in the use of Channel 287A at Staunton, Illinois.  "#5. Accordingly, we seek comments on the proposed amendment of the FM Table of  xAllotments, Section 73.202(b) of the Commission's Rules, for the communities listed below, to read as follows:  X4 ` ` City ppChannel No.  X|4  hhCqPresent Proposed  XN4Mount Olive, IllinoishhCq287App  * xxX ` `  hhCq  X 4 "Staunton, IllinoishhCqpp  *287A "x0*%%ZZ"Ԍ "6. The Commission's authority to institute rule making proceedings, showings required,  xcutoff procedures, and filing requirements are contained in the attached Appendix and are  xIincorporated by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted.  X4 "7. Interested parties may file comments on or before July 6, 1999 , and reply comments  Xv4 xpon or before July 21, 1999 , and are advised to read the Appendix for the proper procedures.  xComments should be filed with the Secretary, Federal Communications Commission, Washington,  xD.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: ` `    X 4` `  John J. McVeigh, Esq.pp ` `  12101 Blue Paper Trail ` `  Columbia, Maryland 210442787  X 4` `  (Counsel for Petitioner)pp  "8. The Commission has determined that the relevant provisions of the Regulatory  xFlexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of  Xb4 xAllotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  XK4 xand 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections  X4473.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.  "9. For further information concerning this proceeding, contact Sharon P. McDonald, Mass  x}Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  X4 xproceeding, members of the public are advised that no ex parte presentations are permitted from  xthe time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been  xdecided and such decision is no longer subject to reconsideration by the Commission or review  X4 xby any court. An ex parte presentation is not prohibited if specifically requested by the  xCommission or staff for the clarification or adduction of evidence or resolution of issues in the  x"proceeding. However, any new written information elicited from such a request or a summary  xof any new oral information shall be served by the person making the presentation upon the other  xparties to the proceeding unless the Commission specifically waives this service requirement.  X 4Any comment which has not been served on the petitioner constitutes an ex parte presentation  &P   X 4  X4 "h$0*%%ZZ""Ԍ x &P and shall not be considered in the proceeding. Any reply comment which has not been served  X4 xon 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.  XH4 hhCFEDERAL COMMUNICATIONS COMMISSION  X 4 hhCq pp  *xxX (#(# X 4` `  hhCJohn A. Karousos xxX (#(#` `  hhCChief, Allocations Branch  X 4 hhCPolicy and Rules Division  X4 hhCMass Media Bureau Attachment: Appendix "40*%%ZZD"  X4 hhCAPPENDIX  X4  x 1. Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and (r), and 307(b) of the  X4 x Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the  xECommission's Rules, IT IS PROPOSED TO AMEND the FM Table of Allotments, Section  Xv4 x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  X_4Making to which this Appendix is attached.  X14 xp 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X 4 xIof Proposed Rule Making to which this Appendix is attached. Proponent(s) will be expected to  xEanswer whatever questions are presented in initial comments. The proponent of a proposed  xallotment is also expected to file comments even if it only resubmits or incorporates by reference  xits former pleadings. It should also restate its present intention to apply for the channel if it is  xlallotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request.  Xy4 x 3. Cutoff protection. The following procedures will govern the consideration of filings in this proceeding.  x (a) Counterproposals advanced in this proceeding itself will be considered, if advanced  xin initial comments, so that parties may comment on them in reply comments. They will not be  X4considered if advanced in reply comments. (See Section 1.420(d) of the Commission's Rules).  x (b) With respect to petitions for rule making which conflict with the proposals in this  X4 x"Notice, they will be considered as comments in the proceeding, and Public Notice to this effect  xwill 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.  x (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved.  X 4 xI 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out  xin Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may  X4 xfile comments and reply comments on or before the dates set forth in the Notice of Proposed  X4 xRule Making to which this Appendix is attached. All submissions by parties to this proceeding  xor by persons acting on behalf of such parties must be made in written comments, reply  xcomments, or other appropriate pleadings. Comments shall be served on the petitioner by the  x'person filing the comments. Reply comments shall be served on the person(s) who filed  xcomments to which the reply is directed. Such comments and reply comments shall be  Xh$4 xaccompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's"h$0*%%ZZ""  xRules.) Comments should be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W.,TW A325, Washington, D.C. 20554.  X4 x  5. Number of Copies. In accordance with the provisions of Section 1.420 of the  xCommission's Rules and Regulations, an original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission.  X_4 x 6. Public Inspection of Filings. All filings made in this proceeding will be available for  xexamination by interested parties during regular business hours in the Commission's Reference  xInformation Center (Room CYA257) at its headquarters, 445 12th Street, S.W &P . &P , Washington, D.C.