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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)2 }^P m Courier New (TT)Courier New (Bold) (TT)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)NQX7PC2,+CXP\  P6QXP.7UC2,AXU4  pQXd|DdpL|Dd~4ddC$CWddddddddddddddddddddddddddddddddddddddddNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdCourier New (TT)Courier New (Bold) (TT)Times New Roman (TT)Times New Roman (Bold) (TT)D8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddd<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddnddddddd  "i~'^:LpddDDDdp4D48ddddddddddDDpppdLd||p|||D8DpdDddXdXDdp88d8pdddLL8pXdXLD,DpD4ppDDD4DDDDDDdDd8dddddXXXXXL8L8L8L8pddddpppp|Xdddd|Xd|ddddXXpXXXXXdddpdppL8LdLDLdpppd|8|h|D|L|8pppddLLLpLpLpLpp|l|8|ppppppp|p|L|L|Ld|DppL|D|d4ddC8CWddddddddddddddddddddddddddddddddddddddddNHxxHddLdddddd4Xx6X@DQX@6?xxx,Xx `NQX7PC2,+CXP\  P6QXP.7UC2,AXU4  pQXW!0(,+߳h0\  P6QhPR&HHH,hH6X@DQh@s4ddd,fd6X@DQ@2F(@j\! @%"5@^2BTdd+BBd2B28ddddddddddBBdzzzzBYozzdozzooN8NTdBddYdY8dd88Y8ddddNN8dYYYNP7Pl2BB!BBPRBddzdzdzdzdzdYzYzYzYzYB8B8B8B8dddddddddoYzddddoYdzdzdzdzdYYYzYzYzYddddddPdBdBBBdYYo8oRdddzNzRdNdNNF2hdNdddddd7>d<d<BBoodBBddBoBddzzzzzzzzzzBBBBozdddddddYYYYY8888dddddddndddddYd?xxx,>Xx6X@DQX@6?xxx,Xx `NQX7PC2,+CXP\  P6QXP.7UC2,AXU4  pQXW!0(,+߳h0\  P6QhPR&HHH,hH6X@DQh@s4ddd,fd6X@DQ@5PC2,^fXP*f9 xQXXl6RC2,}BXR9 xyQXeE&xit&Window&Tile&Cascade WPCDLL.EXE"5@^2Nodd8BBdr2B28ddddddddddBBrrrdNdzzozzzB8BrdBddYdYBdo88d8odddNN8oYdYNF,Fr2BB!BBPRBdddddddYYYYYN8N8N8N8oddddoooozYddddzYdzddddYYYYYYddddooPdNdNBNdddz8zRoodNRoNoNNF2ddNdddddd5See Headland, Alabama and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995). If Channel  x285C3 is allotted to Denmark, our engineering analysis shows that Station WPCK will provide  x/over 50% coverage of the Green Bay, Wisconsin Urbanized Area with a 70 dBu signal from  X- xMidwest's specified site.dy ?< x -ԍ#d6X@`7f@# Our engineering analysis also shows that Channel 285A at Kaukauna covers  x9!-all of the AppletonNeenahMenasha Urbanized Area with its 60 dBu contour as well  x-as a large portion of the Green Bay Urbanized Area. Channel 285C3 at the new site will not cover any portion of the AppletonNeenahMenasha Urbanized Area.  Therefore, Midwest is requested to provide a showing that Denmark  Xy- xwarrants a first local service preference. See Modification of License MO&O, supra, at 7097.y  ?< x+ -ԍ#d6X@`7f@# See also, Huntington Broadcasting Co. v. FCC, 192 F. 2d 33 (D. C. Cir.  s4- x9!-1951; RKO General (KFRC), 5 FCC Rcd 3222 (1990); Faye and richard Tuck, 3 FCC Rcd  s4>- xg -5374 (1988), and Elizabeth City, North Carolina and Chesapeake, Virginia, 7 FCC Rcd 5815 (1992). x  XK-  l5.xAn engineering analysis has determined that Channel 285C3 can be allotted to Denmark,  x[Wisconsin, in compliance with the Commission's minimum distance separation requirements at  X- xMidwest's specified site.o* ?$<ԍ#d6X@`7f@# The coordinates for Channel 285C3 at Denmark are 442438 and 873420. In accordance with Section 1.420(i) of the Commission's Rules, we  xMshall not accept competing expressions of interest in the use of Channel 285C3 at Denmark,  xWisconsin, or require Midwest to demonstrate the availability of an additional equivalent class"a,N(N(ZZ" channel for use by such parties.  X-  6.xIn view of the fact that the proposed allotment could provide a first local service to  xDenmark, the Commission believes it would serve the public interest to solicit comments on the  xproposal to allot Channel 285C3 to Denmark. Therefore, we will seek comments on the proposed  xamendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to Denmark and Kaukauna, as follows: x` `  hh x` `  hh@hppChannel No.  X1-xCommunity hh@hPresent  Proposed  X -xDenmark, Wisconsinhh@h    285C3  X -xKaukauna, Wisconsinhh@h285A, 276C3   276C3  X -  7.xThe Commission's authority to institute rule making proceedings, showings required, cut xoff 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.  X4-  O8.xInterested parties may file comments on or before , 1998 , and reply comments on or  X- xbefore 1998 , and are advised to read the Appendix for the proper procedures. Comments should  xbe filed with the Secretary, Federal Communications Commission, Washington, D. C., 20554. Additionally, a copy of such comments should be served on the petitioner's counsel, as follows: x` `  Eugene T. Smith x` `  715 G Street, S.E. x` `  Washington, D. C. 20003  Xe-  9.xThe Commission has determined that the relevant provisions of the Regulatory Flexibility  xkAct of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments,  X7- xjSection 73.202(b) of the Commission's Rules. See Certification that Sections 603 and 604 of the  xRegulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504  X -and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.  X-  10.xFor 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  Xh$- 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"#',N(N(ZZ%" 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  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 "#',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  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-  {x2. 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-  ]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  XQ%- 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."#',N(N(ZZ%"Ԍ 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.