WPC 2BJZ Courier3|jx6X@`7X@HP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@26 ZFm:3|jHP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@ I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)CourierCourier BoldTimes New RomanTimes New Roman BoldTimes New Roman ItalicTimes New Roman Bold Italic2 KK$KoK "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddprovided information demonstrating that Whitehall, Montana, is a community for allotment  xKpurposes. Petitioner states that Whitehall is incorporated with a 1990 Census population of 1,067  xpeople. According to petitioner, Whitehall has its own sheriff, volunteer fire department, public  xlibrary and five churches, and there is a senior citizens center as well as numerous health care  xfacilities. Petitioner points out that Whitehall has a variety of restaurants, grocery and  xkconvenience stores, a bank, insurance agencies and legal offices, as well as several motels.  xPetitioner contends that the allotment of Channel 274A at Whitehall will provide a means of local"%,))ZZS%" expression for the residents of Whitehall.   x4. In view of the fact that the proposed allotment would provide Whitehall with its first  xlocal FM broadcast service, the Commission believes it would serve the public interest to solicit  xcomments on the proposal to allot Channel 274A to Whitehall, Montana. Therefore, we will  x.seek comments on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to Whitehall, as follows: x` `  hh@hpp x` `  hh@hppChannel No.  X1-xCommunity hh@hPresent  Proposed  X -xWhitehall, Montanahh@h    274A   {x5. 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.  Xb-  Nx6. Interested parties may file comments on or before September 21, 1998 , and reply  XK- xcomments on or before October 6, 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` `  hhFrank R. Jazzo x` `  hhAndrew S. Kersting x` `  hhFletcher, Heald & Hildreth, P.L.C. x` `  hh1300 N. Seventeenth Street, 11th Floor x` `  hhArlington, Virginia 22209 x` `  hh   nx7. 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  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 Kathleen Scheuerle, Mass  xMedia 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  XQ%- 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"#',N(N(ZZ%" of any new oral information shall be served by the person making the presentation upon other parties 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  Xv- 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  XH- xLCommission's Rules,   IT IS PROPOSED TO AMEND the FM Table of Allotments, Section  X1- 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.  X -  {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.  X4-  ]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  Xe-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  Xh$- 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"#',N(N(ZZ%"  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, 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.  XH-  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.