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("petitioner"), proposing the allotment of Channel 279A to Hobbs, New Mexico, as the  x?community's fifth local FM and seventh local aural service. Comments were filed by the  xpetitioner and Ojeda Broadcasting, Inc. ("Ojeda"), stating their individual intention to apply for  X=-the channel, if allotted to Hobbs. A counterproposal was filed by MTD, Inc.=Xg yOF-#C\  P6QP#x Public Notice of the counterproposal was given on November 5, 1996, Report No. 2163.   x2. MTD counterproposes that Channel 296C be allotted to Tatum, New Mexico, as the  xkcommunity's first local aural transmission service. To accommodate the allotment at Tatum,  xjMTD also requests that Channel 279C1 be substituted for unoccupied but appliedfor Channel  X- xj296C1 at Jal, New Mexico. g yOc - x#C\  P6QP#э On April 4, 1995, John H. Wiggins ("Wiggins") filed a firstcome/firstserved application (BPH950404MA)  xfor Channel 296 at Jal, New Mexico, and proposed the substitution of Channel 296C1 for the existing Channel 296A  x-allotment. On February 18, 1997, after the filing of MTD's counterproposal, the Commission granted Wiggins' application. MTD states that Tatum, with a 1990 U.S. Census population of 768  xpersons, is an incorporated village, with its own elected Mayortown council local government.  x\According to MTD, Tatum provides its citizens with municipal services which include local  xwater, sewer and ambulance service. In addition, Tatum has its own local schools, library and  x.senior citizen organization, as well as businesses which incorporate Tatum in their name, such  xas Tatum Towing & Storage, Tatum Well Service, Tatum Cash Grocery, and the Tatum Clinic.  xMTD states that it will apply for Channel 296C, if allotted to Tatum. MTD contends that the"@ ,))ZZ"  x provision of a first local aural service to Tatum will better serve the public interest than the  X- xallotment of a seventh local aural service to Hobbs, citing the allotment priorities in Revision of  X- x2FM Policies and Procedures, 90 FCC 2d 88 (1982).&i yOK- xi#C\  P6QP#э The allotment priorities are: (1) first fulltime service; (2) second fulltime service; (3) first local service; and (4) other public interest matters. Coequal weight is given to priorities (2) and (3).& At the time that MTD filed its  xcounterproposal, no reimbursement was required to Wiggins because he was an applicant and not  xa permittee or licensee. However, MTD states that, if necessary, it will reimburse Wiggins for  xthe costs necessary to change to Channel 279C1. Now that Wiggins is a permittee, he is entitled  Xv-to such reimbursement. See Circleville, Ohio, 8 FCC 2d 159 (1967).  XH-  x3. In order to proceed with the proposals in this proceeding, it is necessary to issue an  X1- x>Order to Show Cause to the permittee of Channel 296C1 at Jal seeking comment on why his  xconstruction permit should not be modified to specify operation on Channel 279C1, in lieu of his  x0present Channels 269C1. Channel 296C can be allotted to Tatum in compliance with the  xCommission's minimum distance separation requirements with a site restriction of 13.2 kilometers  x(8.2 miles) west, at coordinates 331527 North Latitude and 1032722 West Longitude, to avoid  xa shortspacing to Stations KPOSFM, Channel 297C2, Post, TX, and KSMX, Channel 298C1,  xClovis, NM. Channel 279C1 can be allotted to Jal at the transmitter site specified in Wiggins'  x.outstanding construction permit, 322553; 1030908, which is 35.3 kilometers (22 miles) north.  xzMexican concurrence in the allotment of Channel 296C at Tatum and 279C1 at Jal is required  xlsince both communities are located within 320 kilometers (199 miles) of the U.S.Mexican border.   x4. Although Wiggins, permittee of a new FM station on Channel 269C1 at Jal, New  X- xMexico, is provided an opportunity to object to the proposed channel change, this Order does not  xafford an additional opportunity either to comment on the merits of the proposal set forth in the  X- x[Notice or the counterproposal advanced by MTD. See Angola, Indiana, et al., 5 FCC Rcd 2000 (1990).  x. 5. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the Communications  x[Act of 1934, as amended, John H. Wiggins, permittee of a new station on Channel 269C1 at Jal,  x=New Mexico, SHALL SHOW CAUSE why his construction permit (BPH950404MA) SHOULD  xyNOT BE MODIFIED to specify operation on Channels 279C1 as proposed herein instead of his present Channel 269C1.  x 6. Pursuant to Section 1.87 of the Commission's Rules, Wiggins may, not later than  x "y June 2 "y , 1997, file a written statement showing with particularity why his permit should not be  X- xmodified as proposed in the Order to Show Cause. The Commission may call on Wiggins to  xfurnish additional information. If Wiggins raises a substantial and material question of fact, a  xhearing may be required to resolve such a question pursuant to Section 1.87. Upon review of  xthe statements and/or additional information furnished, the Commission may grant the  xmodification, deny the modification, or set the matter of the modification for hearing. If no"# ,N(N(ZZe""  x!written statement is filed by the date referred to above, Wiggins will be deemed to have  X- xconsented to the modification as proposed in the Order to Show Cause and a final Order will be  x=issued by the Commission, if the abovementioned channel modification is ultimately found to be in the public interest.   #x7. IT IS FURTHER ORDERED, That the Secretary SHALL SEND, BY CERTIFIED  Xv- xMAIL, RETURN RECEIPT REQUESTED, a copy of this Notice of Proposed Rule Making and  X_- xOrder to Show Cause to the permittee of Channel 269C1 at Jal, as follows: John H. Wiggins, 2300 Hammond Road, Apartment 3, Bay City, Texas 77414.   nx8. 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  X - xAllotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  X - xzand 604 of the Regulatory  Flexibility Act Do Not Apply to Rule Making to Amend Sections  X -73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.   x9. For further information concerning this proceeding, contact LeslieK. Shapiro, Mass  xLMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  Xb- xproceeding, members of the public are advised that no ex parte presentations are permitted from  xKthe 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  X- x?by any court. An ex parte presentation is not prohibited if specifically requested by the  xLCommission 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  xiof 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- xAny comment which has not been served on the petitioner constitutes an ex parte presentation  xyand shall not be considered in the proceeding. Any reply comment which has not been served  X|- 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. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhJohn A. Karousos x` `  hhChief, Allocations Branch x` `  hhPolicy and Rules Division x` `  hhMass Media Bureau