WPC> 2MBVRKZ3|jy.X80,QX\  P6G;P"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN K Z3|j"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN K0 KH3t5^:"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""PPCiPPPCPPPPPPPCvCCCCCCCCvvvvvC5PPPCgv5DPO5PPPvvvYCivvvPvPAu4/4WddddddddddddddddddddddddddddddddddddddddNTT~PYVPTO33PPPPTTuu3OuO"uu~uuy.X80,IX\  P6G;P 7jC:,3Xj\  P6G;XP 7nC:,Xn4  pG;Xy.\80, c\4  pG;@|ND,i|\  P6G;P9NC,%2PG;P1mC9,% Xm2PG;XP6ND,+s2pPG;/qC:,+c\Xq2pPG;XW!@(#,9h@\  P6G;hPH5!,,5\  P6G;,P,0u,0uP 22> yO  /Z X-w  #XP\  P6Q3XP#Federal Communications Commission`)(# DA 981325 ă  yxdddy /    #C\  P6QIP#x` `   hhBefore the x` `  Federal Communications Commission  yOx` `  Washington, D.C. 20554  XX-#XP\  P6Q3XP#  X-In the Matter of hh@)  X- hh@)  X-Amendment of Section 73.202(b) @) hMM Docket No. 98113  X-Table of Allotments, @) hRM9296  X-FM Broadcast Stations. @)  X -(Tumon, Guam) hh@)  X - x  Xr - ` `  hh hpp xx 0  X[ - ` `  NOTICE OF PROPOSED RULE MAKING  X-- xAdopted: July 1, 1998; @Released: July 10, 1998 Comment Date: August 31, 1998 Reply Comment Date: September 15, 1998   By the Chief, Allocations Branch: " X-  "x1. #^\  P6QiP##g2PQP##XX2PQ XP##XP\  P6Q3XP#T#g2PQP##p2p NQs##g2PQP##X`2p NQc\X##XP\  P6Q3XP#he Commission has before it the petition for rule making filed by Guam Broadcast  Xu- x.Services, Inc. ("petitioner"), proposing the allotment of Channel 280A at Tumon, Guam, as the  X^- xcommunity's first local aural transmission service. Petitioner states his intention to apply for the channel, if allotted.      x2. Section 307(b) of the Communications Act of 1934, as amended, mandates that the  x-Commission fairly, equitably, and efficiently distribute frequencies " . . . among the several States  xLand communities." The Commission has defined "communities" as geographically identifiable  xpopulation groupings. Generally, if a community is incorporated or is listed in the U.S. Census,  xthat is sufficient to demonstrate its status. Absent such recognizable community factors, the  x=petitioner must present the Commission with sufficient information to demonstrate that such a  x[place has social, economic, cultural, or governmental indicia to qualify it as a "community" for  Xx- xMallotment purposes. See, e.g., Oak Grove, Florida, 5 FCC Rcd 3774 (1990); Hannibal, Ohio, 5  Xa - xFCC Rcd 3315 (1990); and Statenville, Georgia, 5 FCC Rcd 2685 (1990). Tumon is not listed  xin the 1990 U.S. Census, and you have not shown that Tumon is an incorporated community, or  xKhas the requisite indicia to qualify as a "community" for allotment purposes. In the past, we have  x=rejected claims of "community" status where a nexus has not been demonstrated between the  X$- xpolitical, social and commercial organizations and the community in question. See Gretna, et al,  X$- xMFlorida, 6 FCC Rcd 633 (1991), and cases cited therein. Therefore, petitioner is requested to  xNprovide specific information to demonstrate whether Tumon has any commercial, social,"%0*''ZZ$"  xeconomic, cultural, or religious organizations, municipal services, or governmental units that  X-identify themselves specifically with that locality. pp   ?x3. We believe the proposal warrants consideration since the allotment of Channel 280A  xto Tumon, Guam, could provide the community with its first local aural transmission service,  xin the event Tumon is ultimately found to qualify as a "community" for allotment purposes. An  xengineering analysis has determined that Channel 280A can be allotted to Tumon in compliance  xwith the Commission's minimum distance separation requirements at city reference  XH-coordinates.H| yO -ԍThe coordinates for Channel 280A at Tumon are North Latitude 133025 and East Longitude 1444805.   x4. Accordingly, we seek comments on the proposed amendment of the FM Table of  xzAllotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows:  X - x` ` City h#XP\  P6Q3XP#ppChannel No.  X-  hh@hPresent Proposed  Xb- Tumon, Guamhh@hpp 280A  xx  XK-x` `   Nx5. The Commission's authority to institute rule making proceedings, showings required,  x/cutoff procedures, and filing requirements are contained in the attached Appendix and are  xincorporated by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted.   x6. Interested parties may file comments on or before August 31, 1998, and reply  xcomments on or before September 15$her , 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, or its counsel or consultant, as follows:  X7-x` `  Robert J. Rini, Esq.hpp x` `  Rini, Coran & Lancellotta, P.C. x` `  1350 Connecticut Avenue, N.W.  X-x` `  Suite 900@ x` `  Washington, D.C. 20036 x` `  (Counsel for Petitioner) x` `  hh"!X0*%%ZZ "Ԍ  Ax7. 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- 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.   /x8. For further information concerning this proceeding, contact Sharon P. McDonald, Mass  xLMedia Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  XH- 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  xKand shall not be considered in the proceeding. Any reply comment which has not been served on  Xb- x 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-x` `  hhFEDERAL COMMUNICATIONS COMMISSION(#(#X X-x hh@hpp  xx 0(#(#X X-x` `   (#(#Xx` `  X- x` `     xx (#(#X (#x` ` hh@hpp  xx 0(#(#X  X-  hhJohn A. Karousos (#(#X X|- #` 'x` `  hhChief, Allocations Branch  Xe- hhPolicy and Rules Division x` `  hhMass Media Bureau Attachment: Appendix "0*%%ZZ"  X- hhAPPENDIX  X-  X- (# h $cI` ` ` `   xx 0(#(#X  x 1. 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  xCommission'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- xj 2. 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- x 3. Cutoff protection. 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  x.in initial comments, so that parties may comment on them in reply comments. They will not be  X-considered if advanced in reply comments. (See Section 1.420(d) of the Commission's Rules).  x (b) With respect to petitions for rule making which conflict with the proposals in this  X- xjNotice, they will be considered as comments in the proceeding, and Public Notice to this effect  xwill be given as long as they are filed before the date for filing initial comments herein. If they  xare filed later than that, they will not be considered in connection with the decision in this docket.  x (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 - x 4. 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"h$0*%%ZZ(#"  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, Washington, D.C. 20554.  Xv- x| 5. Number of Copies. In accordance with the provisions of Section 1.420 of the  X_- 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 - x 6. Public Inspection of Filings. All filings made in this proceeding will be available for  xyexamination 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.    T T T T  h