WPCg 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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNH5!,,5\  P6G;,P-d=4,%&d2PG;&P"i~'^"(22TN"""28"2222222222888,\HBBH>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""g*gngggg???z\z\z\zjrFr4rSggggggzjr\r\r\gg?gz\r?zgr3\g)%)WddddddddddddddddddddddddddddddddddddddddNBnnBcg?rgggggFCg?Bg>((??g??nggpBnnBi\\(>\>"yyyy\n\c\jnn\ yO-  1Z X-w  #XP\  P6Q3XP#Federal Communications Commission  xxDA 981377  yxdddy 1  #C\  P6QIP#v3 Before the Federal Communications Commission  yO} Washington, D.C. 20554 ă  XX-#XP\  P6Q3XP#  X-In the Matter of hh@)  X- hh@)  X-Amendment of Section 73.202(b), @) hMM Docket No. 98130  X-Table of Allotments, @) hRM9297  X-FM Broadcast Stations. @)  X -(Saratoga, Wyoming)hh@)  X - x` `  @  Xr - NOTICE OF PROPOSED RULE MAKING  XD - x Adopted: July 8, 1998; Released: July 17, 1998 Comment Date: September 8, 1998 Reply Comment Date: September 23, 1998 By the Chief, Allocations Branch:   x1. The Commission has before it the petition for rule making filed by Mountain Tower  xBroadcasting ("petitioner"), proposing the allotment of Channel 259C at Saratoga, Wyoming, as  xthe community's first local aural transmission service. Petitioner states its intention to apply for the channel, if allotted.   x2. In support of its proposal, petitioner states that Saratoga is located in Carbon County,  X- xjWyoming (population 16,659),c yO-ԍAll population figures are taken from the 1990 U.S. Census.c and has a population of 1,969 persons.X yO"- xwЍWe note that Saratoga is also listed in the 1998 Rand McNally Commercial Atlas as an incorporated community with a post office and a zip code. Petitioner asserts that  xthe allotment of Channel 259C at Saratoga would be in the public interest since it would provide  x.the community with its first local aural transmission service. Petitioner further asserts that the  xallotment would provide an outlet for local selfexpression for the community. Moreover,  x.petitioner claims that health and safety for the community would be increased due to having a  xxlocal communication outlet for warning the community of emergency conditions caused by severe weather or other health hazards.   x3. We believe the proposal warrants consideration since the proposed allotment of  x Channel 259C at Saratoga, Wyoming, could provide the community with its first local aural"J!0*''ZZX "  X- xtransmission service. An engineering analysis has determined that Channel 259C can be allotted  xto Saratoga in compliance with the Commission's minimum distance separation requirements with  xNa site restriction of 16.3 kilometers (10.1 miles) northwest to avoid a shortspacing to the  X-construction permit site for Station KRRR(FM), Channel 260C2, Cheyenne, Wyoming.| O4-#C\  P6QIP#Ѝ#&d2PG;&P#T#C\  P6QIP#he coordinates for Channel 259C at Saratoga are North Latitude 413138 and West Longitude 1065837. .       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  X1- ` ` City hppChannel No.  X -  hh@Present pp Proposed  X -xSaratoga, Wyominghh@ hpp 259Cxx 0(#(#X X -x ` `  hh@   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.   Ax6. Interested parties may file comments on or before September 8, 1998, and reply  xcomments on or before September 23, 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:  X- x` `   x` ` hhVictor A. Michael, Jr., President x` `  hhMountain Tower Broadcasting x` `  hh7901 Stoneridge Drive x` `  hhCheyenne, Wyoming 82009 x` `  hh(Petitioner)   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. "!10*%%ZZ "Ԍ  /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  X- 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 - hh@FEDERAL COMMUNICATIONS COMMISSION  XK- hh@hpp  xx 0(#(#X X4-x` `  hh@John A. Karousos 0(#(#Xx` ` hh@Chief, Allocations Branch  X- hh@Policy and Rules Division  X- hh@Mass Media Bureau Attachment: Appendix "0*%%ZZ"  X- hh@APPENDIX  X-  xz 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  X- x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule  Xv-Making to which this Appendix is attached.  XH- xj 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice  X1- 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.  X- 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 are 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.  X7- 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  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,"h$0*%%ZZ(#" Washington, D.C. 20554.  X- x| 5. 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.  Xv- 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. x