WPC 2BJ Z CourierCourierCourier Bold2x6X@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @UQ\oe@26F+HZs#|x݌Courier New (TT)Courier New (Bold) (TT)HP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSx  @UQ,,P@2YXW<?xxx,2x6X@`7X@<r5ddd,Oed6X@`7@s4ddd,鑡d `7<E<<<,΃<6X@`7,@R&HHHX,hH6X@DQh@mmands&Program&WPC:\SUTML{L.TA9]M2Z<?xxx,2x6X@`7X@<r5ddd,Oed6X@`7@s4ddd,鑡d `7<E<<<,΃<6X@`7,@<R&HHH,,H6X@`7h@,@i@@z?|@"@@q?}@R@@?@@@ ? @@v?@=@"@?@n@@8<#@^@/@,<@A@!@(<"@@?@ r5- 3'3'Standard3'3'StandardHPLAS4.PRS 4x    d  @YOe тDA 95638  Ċ   Ċ   Ċ  Before the  s5- Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. Table of Allotments, ) RM8547 FM Broadcast Stations. ) (Billings, Montana) )  r5 - NOTICE OF PROPOSED RULE MAKING Adopted:March 28, 1995 Released:April 10, 1995 Comment Date:June 1, 1995 Reply Comment Date:June 16, 1995 By the Chief, Allocations Branch: 1. Before the Commission for consideration is a petition for rule making filed by Conway Broadcasting ("petitioner"), requesting the allotment of Channels 283C and 298C to Billings, Montana, as that community's eighth and ninth FM broadcast service. Petitioner submitted information in support of the allotments at Billings and stated its intention to file an application for both channel 283C and 298C if allotted to the community. 2. We believe petitioner's proposal warrants consideration. Channel 298C can be allotted to Billings, Montana, in compliance with the minimum distance separation requirements of the Commission's Rules without a  r5/-site restriction.o/` ?f<ԍ#d6X@`7Oe@# The coordinates for Channel 298C at Billings are 454648 and 1083018. Our analysis indicates that Channel 283C, however, is not available for allotment in Billings. The channel is short spaced to a proposal to allot Channel 286A to Billings, Montana, in MM Docket No. 9468.  r5$-See 9 FCC Rcd 3150 (1994).  3. In view of the fact that the proposed allotment would provide additional broadcast service to Billings, Montana, the Commission believes the public interest would be served by soliciting comments on Conway's proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, for the community listed below:  r5\- Channel No.  r5- Community Present Proposed Billings, Montana 227C1, 231C, 227C1, 231C, 246C2, 253C1, 242C1, 246C1, 275C1, 279C1 253C1, 275C1,  r5F!- 279C1, 286A, 298C$F!` ?%< xY-ԍ#d6X@`7Oe@# MM Docket No. 9468, 9 FCC Rcd 3150 (1994), proposed the addition of  r5|&- x-Channel 286A to billings. The Notice in RM8595 proposes to add Channel 242C1 to Billings. $ 4. The Commission's authority to institute rule making proceedings, showings required, cutoff procedures, and filing requirements are contained";#0*0*0*L," in the attached Appendix and are incorporated by reference herein. In";#0*0*0*L," particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted.  s4- 5. Interested parties may file comments on or before June 1, 1 995,  s4-and reply comments on or before June 16 , 1995, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C. 20554. Additionally, a copy of such comments should be served on the petitioner, as follows: Conway Broadcasting 4415 Fremont Avenue, South Minneapolis, Minnesota 55409 6. 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  s4 -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),  s4-73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 7. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making proceeding, members of the public  s4D-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  s49-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 the other parties to the proceeding unless the Commission specifically waives this service requirement. Any comment which has not been served on the  s4-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)  s4-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 Attachment: Appendix ")0*0*0*3"Ԍ r5-  APPENDIX MM Docket No. RM8547 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  r58-Regulations, as set forth in the Notice of Proposed Rule Making to which this Appendix is attached.  r5-- 2. Showings Required. Comments are invited on the proposal(s) discussed  r5-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.  r5 - 3. 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 not be considered  r5-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  r5-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.  r5q- 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  r5f-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 Sections 1.420(a), (b) and (c) of the Commission's Rules.) Comments should be filed with the Secretary, Federal Communications Commission, Washington, D. C. 20554.  r5"- 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.  r5%- 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 Reference Center, Room 239, at its headquarters, 1919 M Street, N.W., Washington, D. C. ")0*0*0*3"Ԍ