WPC 2BJZ Courier3|jx6X@`7X@HP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@26 ZFK:3|jHP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@ I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 KKKM K "i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddCanada, on Channel 238C. According to Darby, its current facility is short spaced by 27.38  x0kilometers to Channel 238C at Sault Ste. Marie, Ontario, which could be elimiated by the  xsubstitution of channels at Gaylord. Darby points out that the short spacing arose from the  Xn- xadoption of increased separation distances for Class A stations in the Amendment of part 73 of  xthe Rules to provide for an additional FM stations class (Class C3) and to increase the maximum  XB - xtransmitter power for Class A FM staitons, Second Report and Order, MM Docket No. 88375,  x4 FCC Rcd 6375 (1989). In order to operate Station WMJZ as a six kilowatt facility, Darby  xseeks to eliminate the short spacing that currently exists with the allotmen at Sault Ste. Maire by substituting Channel 268A for Channel 237A at Garylord.   x3. We believe the public interest would be served by proposing the substitution of  xChannel 268A for Channel 237A at Gaylord, Michigan, since it would permit operation of Station  xWMJZ as a six kilowatt facility. A Commission analysis indicates that Channel 268A can be  xallotted to Gaylord in compliance with the Commission's minimum distance separation"',))ZZ&"  X- xrequirements at Darby's specified site.oø ?y< x+ -ԍ#d6X@`7s@# The coordinates for Channel 268A at Gaylord are 450133 and 843940. This site is 1.1 kilometers (0.7 miles) east of the community. Since Gaylord is located within 320 kilometers of the  xlU.S.Canadian border, concurrence of the Canadian government will be obtained for this alotment.   x4. As requested, we also propose to modify Darby's license for Station WMJZ to specify  xoperation on Channel 268A. In addition, we will not accept competing expressions of interest  Xv- xfor the use of Channel 268A at Gaylord because the Commission's Rules do not contemplate the  xfiling of expressions of interest in proceedings, such as this one, which seek to make equivalent  XH-channel substitutions.Hø ? < xY-ԍ#d6X@`7s@# The Commission considers channels of the same class to be equivalent  xg -unless showings have been made that a station cannot be constructed for reasons  r5g < x-such as environmental consequences or air hazards. See Vero Beach, Florida, 3  r5<FCC Rcd 1049 (1988), rev. denied, 4 FCC Rcd 2184, 2185 (1989).    mx5. Accordingly, we seek comments on the proposed amendment of the FM Table of  xzAllotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows: x` `  hh@hppChannel No.  X -xCommunity hh@hPresent  Proposed  Xy-xGaylord, Michiganhh@h237A, 294C1  268A, 294C1 0(#(#Xx` `   {x6. The Commission's authority to institute rule making proceedings, showings required,  x/cutoff procedures, and filing requirements are contained in the attached Appendix and are  xincorporated 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-  x7. Interested parties may file comments on or before August 31 , 1998 , and reply  X- x;comments on or before September 15, 1998 , 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's counsel, as follows: x` `  hhAllen C. Campbell x` `  hhIrwin, Campbell, & Tannenwald, P.C. x` `  hh1730 Rhode Island Avenue, N.W., Suite 200 x` `  hhWashington, D. C. 20036 x` `  hh@hpp     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" ,N(N(ZZ"  X- xAllotments, Section 73.202(b) of the Commission's Rules. See Certification that Sections 603  xMand 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 Kathleen Scheuerle, Mass  xMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  Xv- 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  X1- 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  x=of any new oral information shall be served by the person making the presentation upon other  xparties to the proceeding unless the Commission specifically waives this service requirement.  X -Any 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 this proceeding. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@John A. Karousos x` `  hh@Chief, Allocations Branch x` `  hh@Policy and Rules Division x` `  hh@Mass Media Bureau x` ` "#',N(N(ZZ%"Ԍ  X-x` `  hh APPENDIX   ^x1.Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the  xCommunications Act of 1934, as amended, and Sections 0.61, 0.204.(b) and 0.283 of the  X- xLCommission's Rules,   IT IS PROPOSED TO AMEND the FM Table of Allotments, Section  Xv- x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  X_-Making to which this Appendix is attached.  X1-  {x2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X - xof Proposed Rule Making to which this Appendix is attached. Proponent(s) will be expected to  xanswer 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  x.its 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.  Xy-  ]x3. Cutoff Procedures. 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 in   @xinitial comments, so that parties may comment on them in reply comments. They will  X-  xnot be considered if advanced in reply comments. (See Section 1.420(d) of the  X- xCommission's Rules). x(b) With respect to petitions for rule making which conflict with the proposal(s) in this  X-xNotice, they will be considered as comments in the proceeding, and Public Notice to this xeffect will be given as long as they are filed before the date for filing initial comments xherein. If they are filed later than that, they will not be considered in connection with the xdecision in this docket. x x(c) The filing of a counterproposal may lead the Commission to allot a different channel xthan was requested for any of the communities involved.  X-  x4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out  x.in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may  X - xfile comments and reply comments on or before the dates set forth in the Notice of Proposed  X!- xRule Making to which this Appendix is attached. All submissions by parties to this proceeding  x0or 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  X:&- 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.  X-  x5. Number of Copies. In accordance with the provisions of Section 1.420 of the  x!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.  X-  x6. Public Inspection of Filings. All filings made in this proceeding will be available for  x examination by interested parties during regular business hours in the Commission's Pubic Reference Room at its headquarters, 1919 M Street, N.W., Washington, D. C.