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W!0(X+Ch0\  P6QhP6R&HHHXhH6X@DQh@6s4dddX%d6X@DQ@!5PC2X^XP*f9 xQXX6RC2X}RXR9 xyQX         "5@^2Nodd8CCdr2C28ddddddddddCCrrrdNdzzozzzC8CrdCddYdYCdo88d8odddNN8oYdYNF,Fr2CC!CCPRCdddddddYYYYYN8N8N8N8oddddoooozYddddzYdzddddYYYYYYddddooPdNdNCNdddz8zRoodNRoNoNNF2ddNdddddd5 ?< X   M+t X2` `  , #XP\  P6Q߳XP#Federal Communications Commission   DA xx 992187  yxdddy M Before the 0 'Federal Communications Commission  ?<oWashington, D.C. 20554 ă  ? 2#XP\  P6Q߳XP#у  X2In the Matter of ,hhh) ` `  ,hhh)  X2Amendment of Section 73.202(b),hh) MM Docket No. 99303  X2Table of Allotments, ,hhh)RM9737  X2FM Broadcast Stations.hhh)  Xu2(Seymour, Texas) ,hhh)  X^ 2` `  ,hhh)ppX  XG 2(Charlotte, Texas) ,hhh)MM Docket No. 99304  X0 2` `  ,hhh)RM9738  xx  H(#(# X 2` `  ,hhh)ppX  xx  H(#(# X 2(Alberton, Montana) ,hhh)MM Docket No. 99305xx  H(#(# X 2` `  ,hhh)RM9537   ` `  ,hhh)  X2(Inglis, Florida) ,hhh)MM Docket No. 99306xx  H(#(#  X2` `  ,hhh)RM9729 ` `  ,hhh)  Xx2(Big Sky, Montana) ,hhh)MM Docket No. 99307  Xa2` `  ,hhh)RM9739 ` `  ,hhh) X32    X26k NOTICE OF PROPOSED RULE MAKING x  X2X` hp x (#%'0*,.8135@8:allotment of Channel 227A at Charlotte. Charlotte is an incorporated community located in  xAtascosa County with its own post office and zip code (78011) and has a population of 1,475  X 2people according to the 1990 U.S. Census.  X 2 FCC Contact: Kathleen Scheuerle, (202) 4182180  X 2 C. MM Docket No. 99305, RM9537  Xy2 Petitioner: Mountain West Broadcasting ` ` ` ` c/o Victor A. Michael Jr. ` ` President, Mountain West Broadcasting  X2` ` 6807 Foxglove Drive  X2` ` Cheyenne, Wyoming 82009  X2 xProposal: Allot Channel 294C3 at Alberton, Montana, as that community's second local FM  X2broadcast service.  X2  X2 ` ` CommunityhhhPresentppXProposed  Xe2` ` Alberton, Montanahh288C2Be` ?2 x2ԍ#d6X@`7%@# Channel 288C2 was allotted to Alberton, Montana in MM Docket No. 99218,  x2DA No. 991945, released September 24, 1999. Community status, for allotment purposes, for Alberton was established in this proceeding.BppX  288C2, 294C3  XN2 ` `  X72 Coordinates : 470006 NL and 1142821 WL  X 2 x( Additional Information: Channel 294C3 can be allotted to Alberton without a site restriction.  xSince Alberton is located within 320 kilometers of the U.S.Canadian border, concurrence of the  xLCanadian government will be requested for this allotment. Additionally, we find that Alberton  xis an incorporated community in Mineral County with a population of 354 according to the 1990  X!2U.S. Census and has its own post office and zip code (59820).  X"2   X#2FCC Contact: Kathleen Scheuerle, (202) 4182180"#,N(N(ZZB""Ԍ X2  ÙD. M Docket No. 99306, RM9729  X2 Petitioner: Levy County Broadcasting ` ` c/o Cary S. Tepper ` ` Booth, Freret, Imlay & Tepper, P.C. ` ` 5101 Wisconsin Avenue, N.W., Suite 307 ` ` Washington, D. C. 200164120  X12 x Proposal: Allot Channel 257A to Inglis, Florida, as that community's second FM broadcast service.  X 2` ` CommunityhhhPresentppXProposed  X 2` ` Inglis, Floridahh282AppX257A, 282A  X 2 Coordinates: 290749 NL and 824119 WL  Xy2 x8 Additional Information: Channel 257A can be allotted to Inglis with a site restriction 11.1  xkilometers (6.9 miles) north of the community. Inglis is an incorporated community located in  xLevy County with its own post office and zip code (34449) and has a population of 1,241 people according to the 1990 U.S. Census.  X2 FCC Contact: Kathleen Scheuerle, (202) 4182180  X2E. MM Docket No. 99307, RM9739  X2Petitiner: R. Steven Hicks ` ` c/o Gregory L. Masters ` ` Marjorie J. Dickman ` ` Wiley, Rein & Fielding ` ` 1776 K Street, N.W. ` ` Washington, D. C. 20006  X2 x Proposal: Allot Channel 242A to Big Sky, Montana, as that community's second FM broadcast service.  X!2` ` CommunityhhhPresentppXProposed  X#2` ` Big Sky, Montanahh283A #` ?%2 x2ԍ#d6X@`7%@# Mountain Broadcasting, Inc., licensee of Station KBFN, Big Sky, has  xL2filed a onestep application to upgrade Channel 283A to Channel 283C1 (BPH990405IB). ppX283A, 242A"#,N(N(ZZ""Ԍ X2ԙ Coordinates: 451602 NL and 1112214 WL  X2 x` Additional Information: Channel 242A can be allotted to Big Sky, Montana, in compliance  xdwith the Commission's spacing requirements provided there is a site restriction 7.1 kilometers (4.4  xmiles) west of the community. Big Sky is located in Gallatin County, has its own post office  X2 xand zip code (59716) and the 1998 edition of the Rand McNally Commercial Atlas and  Xv2 xMarketing Guide shows a population of 500 people. Petitioner provided information from the  xBig Sky Chamber of Commerce indicating that Big Sky has approximately 1,000 registered  x>voters with 1,200 fulltime residents, showing that the population has doubled in the last ten  xyears. Community status for allotment purposes for Big Sky was established in MM Docket No. 95148, 11 FCC Rcd 1705 (1996).  X 2 FCC Contact: Kathleen Scheuerle, (202) 4182180  X 2  3.Comments, reply comments, counterproposals and other pleadings filed in response to this  X 2 xmultiple docket Notice of Proposed Rule Making should reference only  the specific docket to  xwhich the filing pertains. The Commission's authority to institute rule making proceedings, showings required, cutoff procedures, and filing requirements are contained in the attached  x\Appendix and are incorporated by reference herein. In particular, we note that a showing of  x`continuing interest is required in paragraph 2 of the Appendix before a channel will be allotted.  X2  4.Interested parties may file comments on or before December 6, 1999, and reply comments  xon or before December 21, 1999, and are advised to read the Appendix for the proper procedure.  x*Additionally, a copy of any filing should be served on the petitioner listed for the particular docket.  X2  5. The Commission has determined that the relevant provisions of the Regulatory Flexibility  x Act of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments,  X|2 xSection 73.202(b) of the Commission's Rules. See Certification that Sections 603 and 604 of the  x Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b) and  XN273.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.  X 2  |6.For further information concerning a proceeding listed above, contact the FCC contact  xlisted for that proceeding. 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 xzԙcomment 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  X2` `  ,hhh "#',N(N(ZZ%"Ԍ X2` `  ,hhhAPPENDIX   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  X2 x 73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  Xv2Making to which this Appendix is attached.  XH2  N2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X12 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.  X2  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.  X 2  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  X2 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  XQ%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, Washington, 445 Twelfth Street, S. W.; TWA325, Washington, D, C. 20554."#',N(N(ZZ%"Ԍ 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 Public Reference Room at its Headquarters, 445 12th Street, S.W., Washington, D. C.