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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)Courier New (TT)Courier New (Bold) (TT)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)NQX.7PC2X+߳XP\  P6QXPl7UC2XA|XU4  pQXd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 ^ mW K Courier New (TT)Courier New (Bold) (TT)Times New Roman (TT)Times New Roman (Bold) (TT)D8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddd<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddpȐhXXXpDppLDd2@@ZZ"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd6?xxxXXx6X@DQX@t?xxxX/_Xx `NQX.G7PC2X+߳XP\  P6QXPlF7UC2XA|XU4  pQX.HW!0(X+Ch0\  P6QhP6R&HHHXhH6X@DQh@6s4dddX%d6X@DQ@`5PC2X^XP*f9 xQXX6RC2X}RXR9 xyQXXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dv"5@^2Nodd8CCdr2C28ddddddddddCCrrrdNdzzozzzC8CrdCddYdYCdo88d8odddNN8oYdYNF,Fr2CC!CCPRCdddddddYYYYYN8N8N8N8oddddoooozYddddzYdzddddYYYYYYddddooPdNdNCNdddz8zRoodNRoNoNNF2ddNdddddd5out that this short spacing results from the adoption of the increased separation distances for  XW2 xClass A stations in Second Report and Order, MM Docket 88375, 4 FCC Rcd 6375 (1989).  x Further, Stations KSDL, Sedalia, and Station KCVJ, Osceola, are similarly precluded from  xNoperating at six kilowatts. Clair argues that grant of the channel substitutions and license  xmodifications requested will permit three stations to improve service to their respective  xcommunities of license. Clair states that is has been in contact with Stations KCVJ and KSDL  X#2 xand has been advised that KSVJ and KSDL will support the proposed substitutions.&d# ?]&2 x2ԍ#d6X@`7%@# #d6X@`7%@#The Clair Group has stated that it has reached an agreement with the  xX2licensees of Stations KSDL, Sedalia, and KCVJ, Osceola, with regard to  x2reimbursement and support of the proposal. Therefore, we will not issue an order  xx2to show cause to Stations KSDL and KCVJ but will serve them with a copy of the  s4)2Notice of Proposed Rule Making.& Clair"#,))ZZ""  xfurther states that it has reached an agreement with Stations KCVJ and KSDL regarding  xreimbursement for expenses in effectuating their respective channel substitutions and facilities upgrades.   3. Lake Area Educational Broadcasting Foundation ("Lake Area"), licensee of Station  x~KSVJ, Osceola, Missouri, filed an amendment to Clair's Petition for Rule Making proposing the  x0substitution of Channel 262A for Channel 222A at Osceola rather than the substitution of  x|Channel 285A. Lake Area states that Channel 262A can be allotted to Osceola in full  xcompliance with the Commission's spacing requirements. Lake Area states that it supports the  x\substitution of Channel 262A for Channel 222A at Osceola but withdraws its support for the previouslyfiled request for Station KSVJ to operate on Channel 285A.   n4. We believe the public interest would be served by proposing the substitution of  x\Channel 222A for Channel 221A at Sedalia, Missouri, with a modification of the license for  xVStation KSDL to specify Channel 222A and the substitution of Channel 262A for Channel 222A  x\at Osceola and modification of the license for Station KSVJ to specify operation on Channel  x262A since the substitutions will provide expanded service to Sedalia and Osceola and allow  xStation KMFC, Centralia, to operate with six kilowatts. We will not accept competing  xexpressions of interest for the use of Channel 222A at Sedalia or Channel 262A at Osceola  xbecause the Commission's Rules do not contemplate the filing of expressions of interest in  X42 x4proceedings, such as this one, which seek to make equivalent channel substitutions.Rd4` ?2 x2ԍ#d6X@`7%@# The Commission considers channels of the same class to be equivalent  x2unless showings have been made that a station cannot be constructed for reasons  s42 xx2such as environmental consequences or air hazards. See Vero Beach, Florida, 3  s42 x2FCC Rcd 1049 (1988), rev. denied, 4 FCC 2184 (1989) and Tawas City, Michigan, 9  s4j2FCC Rcd 4794(1994), recon. denied, 10 FCC Rcd 6108 (1995).R A staff  xengineering analysis indicates that Channel 222A can be allotted to Sedalia and Channel 262A  xcan be allotted to Osceola in compliance with the Commission's minimum distance separation  X2requirements at the requested sites.o` ?2 x2ԍ#d6X@`7%@# The coordinates for Channel 222A at Sedalia are 384352 and 931332. The coordinates for Channel 262A at Osceola are 390958 and 920952.    5. Accordingly, we seek comments on the proposed amendment of the FM Table of  x.Allotments, Section 73.202(b) of the Commission's Rules, for the communities listed below, to read as follows: ` `  ,hhhppXChannel No.  XN2Community ,hhhPresent  Proposed  X 2Osceola, Missourihhh222AppX  262A  X2Sedalia, Missourihhh221AppX  222Axx  H(#(#"+,N(N(ZZd"Ԍ   6. IT IS FURTHER ORDERED, That the Secretary Shall Send, by Certified Mail,  X2Return Receipt Requested, a copy of this Notice of Proposed Rule Making to the following:  X2` ` Bick BroadcastinghhLake Area Educational Broadcasting Foundation  Xv2` ` Station KSDLhhStation KCVJ  X_2` ` 119 North 3rd, Box 711P. O. Box 800  XH2` ` Hannibal, Missouri 63401Camdenton, Missouri 65020   &7. The Commission's authority to institute rule making proceedings, showings required,  xcutoff procedures, and filing requirements are contained in the attached Appendix and are  xBincorporated 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 2  8. Interested parties may file comments on or before November 29, 1999 , and reply  X2 xcomments on or before December 14, 1999 , and are advised to read the Appendix for the proper  xprocedures. Comments should be filed with the Secretary, Federal Communications Commission,  x*Washington, D. C., 20554. Additionally, a copy of such comments should be served on the petitioner's counsel, as follows: ` `  ,Lauren Lynch Flick ` `  ,Fisher Wayland Cooper Leader ` `  , & Zaragoza L.L.P. ` `  ,2001 Pennsylvania Avenue, NW, Suite 400  X2` `  ,Washington, D. C. 20006ppX  xx  H(#(#` `  ,    9. 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  Xe2 xAllotments, Section 73.202(b) of the Commission's Rules. See Certification that Sections 603  x and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections  X7273.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.   10. For further information concerning this proceeding contact Kathleen Scheuerle, Mass  x Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  X2 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  xBdecided and such decision is no longer subject to reconsideration by the commission or review  X"2 xby any court. An ex parte presentation is not prohibited if specifically requested by the  x$Commission or staff for the clarification or adduction of evidence or resolution of issues in the  xproceeding. 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 other  xZparties to the proceeding unless the Commission specifically waives this service requirement. Any "#',N(N(ZZ%"Ԍ  X2 xzcomment which has not been served on the petitioner constitutes an ex parte presentation and  xshall not be considered in the proceeding. Any reply comment which has not been served on the  X2 xperson(s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in this proceeding. ` `  ,hhhFEDERAL COMMUNICATIONS COMMISSION ` `  ,hhhJohn A. Karousos ` `  ,hhhChief, Allocations Branch ` `  ,hhhPolicy and Rules Division ` `  ,hhhMass Media Bureau "#',N(N(ZZ$"Ԍ  X2` `  ,hhh APPENDIX   1.Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the  xDCommunications Act of 1934, as amended, and Sections 0.61, 0.204.(b) and 0.283 of the  X2 xtCommission's Rules,   IT IS PROPOSED TO AMEND the FM Table of Allotments, Section  Xv2 x 73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  X_2Making to which this Appendix is attached.  X12  N2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X 2 xjof Proposed Rule Making to which this Appendix is attached. Proponent(s) will be expected to  x>answer 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  xallotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the request.  Xy2  v3. Cutoff 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  X2  "not be considered if advanced in reply comments. (See Section 1.420(d) of the  X2 Commission's Rules). (b) With respect to petitions for rule making which conflict with the proposal(s) in this  X2Notice, 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.  X2  4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out  x8in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may  X 2 xHfile comments and reply comments on or before the dates set forth in the Notice of Proposed  X!2 xBRule 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  xperson filing the comments. Reply comments shall be served on the person(s) who filed  xhcomments to which the reply is directed. such comments and reply comments shall be  X:&2 xaccompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's  xRules.) Comments should be filed with the Secretary, Federal communications Commission,"#',N(N(ZZ%" Washington, D, C. 20554.  X2  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.  X2  06. 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 Information Center at its headquarters, Washington, D. C.