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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2YF@?:@=@@ZC"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd,Q=3X3R &Q2PQ&P>,Q=3XR &Q2PQ&P.7PC2X߳XP\  P6QXP yO'  1@ X4x  #XP\  P6Q߳XP#Federal Communications Commission  *xxXDA 991233   yxdddy 1  #C\  P6Q_P#vf Before the Federal Communications Commission  yO'9Washington, D.C. 20554 ă  XX4#XP\  P6Q߳XP#  X*4In the Matter of hhCq)  X4 hhCq)  X4Amendment of Section 73.202(b), q) MM Docket No. 99232  X4Table of Allotments, q) RM9321  X4FM Broadcast Stations. q)  X4(Fort Bridger, Wyoming and Hyrum, Utah))pp  *xxX (#(# X 4` `  hhCq     X 4 ` `  NOTICE OF PROPOSED RULE MAKING  X[ 4 Adopted: June 16, 1999; Released: June 25, 1999  X-4 Comment Date: August 16, 1999  X4 Reply Comment Date: August 31, 1999  X4By the Chief, Allocations Branch: hhC (#h " `4 "("1.#|\  P6G;OP# #Xj\  P6G;߳XP##|\  P6G;OP##Xj\  P6G;߳XP#The Commission has before it the petition for rule making filed by L. Topaz  X4 xEnterprises ("petitioner"), permittee of Station KNYN(FM),NG yO='ԍCall sign was effective July 13, 1998.N Channel 256C1, Fort Bridger,  x}Wyoming, proposing the downgrade from Channel 256C1 to Channel 256C3 at Fort Bridger, the  xreallotment of Channel 256C3 from Fort Bridger to Hyrum, Utah, and the modification of Station  X4 xKNYN(FM)'s construction permit accordingly.XG yO' x7 ԍWe note that on April 1, 1999, the construction permit for Station KNYN(FM) at Fort Bridger, Wyoming, was assigned from L. Topaz Enterprises, Inc., to M. Kent Frandsen and is pending consummation. Petitioner states its intention to apply for the channel, if reallotted to Hyrum.  "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.  X4 xSee Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC  X4 x_Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990). In support of its proposal,  X4 x}petitioner states that Hyrum is an incorporated community in Cache County (population 70,183)cG yO($'ԍAll population figures are taken from the 1990 U.S. Census.c  xwith a population of 4,829. Petitioner further states that there currently no local aural services  xin Hyrum, Utah. By contrast, the tiny community of Fort Bridger, although incorporated, has a"@0*''ZZ"  xupopulation of only 150 people. Petitioner asserts that Fort Bridger is located in a sparsely  xpopulated rural area and does not possess a business community of sufficient size to support a  xccommercial radio station. Petitioner further asserts that the reallotment of Channel 256C3 from  xFort Bridger to Hyrum, does not constitute the removal of a sole local service since Station  xKNYN(FM) has never been on the air. Furthermore, Fort Bridger will continue to receive  xreception service from stations in Evanston and Green River, Wyoming. Lastly, petitioner claims  xEthat the allotment of Channel 256C3 to Hyrum, Utah would further the objectives of Section  xl307(b) of the Communications Act of 1934, as amended, by providing a first local service at Hyrum, Utah, a community more than 30 times more populous than Fort Bridger, Wyoming.  "43. We believe that the proposal warrants consideration since the reallotment of Channel  x<256C3 from Fort Bridger, Wyoming, to Hyrum, Utah, could provide the community with its first  xlocal aural transmission service. Since Station KNYN(FM) is not on the air, the reallotment  x would not result in the removal of an "existing service" at Fort Bridger. However, since  xpetitioner seeks to change its transmitter site, petitioner is requested to provide a potential gain  xand loss area study. Moreover, our engineering analysis has revealed that the proposed allotment  xof Channel 256C3 at Hyrum would provide a 70 dBu signal over 100% of the Logan, Utah  Xy4 x<Urbanized Area. Therefore, petitioner is also requested to provide a Tuck analysis to show that  x<Hyrum is sufficiently independent of Logan to merit a first local service preference, or whether  XK4 xpit should be credited with all of the authorized aural services in the Logan Urbanized Area.2Kb yO' xZ ԍSee Huntington Broadcasting Co. v. FCC , 192 F.2d 33 (D.C. Cir. 1951); RKO General, Inc., 5 FCC Rcd 3222  yO'(1990); and Faye and Richard Tuck, 3 FCC Rcd 5374 (1988).2 An  xengineering analysis has determined that Channel 256C3 can be reallotted to Hyrum in  xNcompliance with the Commission's minimum distance separation requirements with a site  X4 xrestriction of 0.7 kilometers (0.4 miles) north at petitioner's requested site. b yO'#C\  P6Q_P##C\  P6Q_P##C\  P6Q_P##X\  P6G;_P##X\  P6G;_P##C\  P6Q_P#э#C\  P6Q_P##C\  P6Q_P##X\  P6G;_P##X\  P6G;_P##X\  P6G;_P##&d2PG;R &P##&d2PG;R &P##C\  P6Q_P#T#C\  P6Q_P##C\  P6Q_P##X\  P6G;_P##C\  P6Q_P#h#C\  P6Q_P##C\  P6Q_P#e coordinates for Channel 256C3 at Hyrum are 413835 North Latitude and 1115110 West Longitude. As requested, we  xhshall propose to modify Station KNYN(FM)'s construction permit to specify operation on  xChannel 256C3 at Hyrum, Utah, as its new community of license. In accordance with Section  xc1.420(i) of the Commission's Rules, we shall not accept competing expressions of interest in the  xuse of Channel 256C3 at Hyrum, or require petitioner to demonstrate the availability of any additional equivalent class channel for use by such parties.  "#4. 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: "0*%%ZZ"Ԍ X4 ` ` City ppChannel No.  X4  hhCqPresent Proposed  X4Fort Bridger, WyominghhCq256C1pp  X4Hyrum, Utah` `  hhCq pp 256C3  Xv4  "5. 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.  X 4 "d6. Interested parties may file comments on or before August 16, 1999 , and reply  X 4 xcomments on or before August 31, 1999 , and are advised to read the Appendix for the proper  xprocedures. Comments should be filed with the Secretary, Federal Communications Commission,  xWashington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: ` `    Xb4Dale A. Ganske, PresidenthhCqM. Kent Frandsen  XK4L. Topaz Enterprises, Inc.hhCqP.O. Box 570  X4455463 Century AvenuehhCqLogan, Utah 84321  X4Middleton, Wisconsin 53562 q(Assignee of Station KNYN(FM))  X4  (Petitioner)hhCqpp  "7. 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  X4 xAllotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  X4 xand 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections  X|473.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.  "8. 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  X 4 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.  Xh$4 xAny comment which has not been served on the petitioner constitutes an ex parte presentation"h$0*%%ZZ""  xand 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.  X4 hhCFEDERAL COMMUNICATIONS COMMISSION  X_4 hhC pp  *xxX (#(# XH4` `  hhCJohn A. Karousos xxX (#(#` `  hhCChief, Allocations Branch  X 4 hhCPolicy and Rules Division  X 4 hhCMass Media Bureau Attachment: Appendix " 0*%%ZZ "  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  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  X4 x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  Xv4Making to which this Appendix is attached.  XH4 xp 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X14 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.  X4 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  xAare 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 "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.  X14 "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., Washington, D.C.