**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b) ) MM Docket No. 01-63

Table of Allotments, ) RM-10075

FM Broadcast Stations. )

(Kingman and Dolan Springs, Arizona) )

# NOTICE OF PROPOSED RULE MAKING

Adopted: February 21, 2001 Released: March 2, 2001

## Comment Date: April 23, 2001

Reply Comment Date: May 8, 2001

By the Chief, Allocations Branch:

1\. The Commission considers herein a petition for rule making filed on
behalf of Hualapai Broadcasters, Inc. ("petitioner"), licensee of
Station KRCY,[^1] Kingman, Arizona, requesting the substitution of
Channel 224C for Channel 224C1 at Kingman, the reallotment of Channel
224C to Dolan Springs, Arizona, and modification of the license of
Station KRCY accordingly. Petitioner stated its intention to apply for
Channel 224C if allotted to Dolan Springs, as requested.

2\. Petitioner filed its request pursuant to Section 1.420(i) of the
Commission's Rules which permits the modification of a station's
authorization to specify a new community of license without affording
other interested parties an opportunity to file competing expressions of
interest. [See]{.underline} [Modification of FM and TV Authorizations to
Specify a New Community of License]{.underline} ("[Change of Community
R&O]{.underline}"), 4 FCC Rcd 4870 (1989), [recon. granted in
part]{.underline} ("[Change of Community MO&O]{.underline}"), 5 FCC Rcd
7094 (1990).

3\. Petitioner advises that the requested reallotment of Channel 224C to
Dolan Springs (pop. 1,090),[^2] a community not located within any
Urbanized Area, is mutually exclusive with its modification to Channel
224C1 at Kingman. The distance between the two communities is 62.6
kilometers (38.9 miles) whereas a minimum distance of 270 kilometers
(167.8 miles) is required in this instance. In further support of its
proposal petitioner states that the reallotment of Channel 224 as a
Class C channel at Dolan Springs will result in a preferential
arrangement of allotments by providing Dolan Springs with its second
local FM station and its first competitive service.[^3] By way of
contrast Kingman will continue to be served locally by three other aural
services -- Stations KAAA(AM), KFLG(FM) and KGMN(FM). Additionally,
petitioner states that its reallotment proposal would enable Station
KRCY to expand its coverage area. Petitioner advises that Station
KRCY(FM) presently provides 1 mV/m service to 98,850 persons and an area
of 15,975 square kilometers, whereas its proposal would potentially
provide such service to 317,970 persons and 26,517 square kilometers,
representing an increase of 221.6% in population and a 63.7% increase in
area served.

4\. We believe that the petitioner's proposal warrants consideration as
the reallotment request could provide Dolan Springs with its second
local aural transmission service without depriving Kingman of local
aural transmission service. As Station KRCY proposes to change its
transmitter site to accommodate its proposal, it will create gain and
loss areas. Our engineering study has determined that the loss area of
Channel 224C1 at Kingman contains 27,874 people and covers 5,533 square
kilometers. The gain area of Channel 224C at Dolan Springs contains
100,564 people and covers 15,661 square kilometers. Therefore,
petitioner's proposal would produce a net service gain of 72,690 people
and 10,128 square kilometers. Further, our engineering analysis has
determined that the entire loss area of Channel 224C1 at Kingman would
by served by at least five existing full-time reception services, and
thus is considered a well served area. Moreover, our analysis of the
gain area reveals that, based upon the petitioner's specified site at
Dolan Springs, there are a few sections that are presently underserved.
Specifically, we find that 448 people in an area of 775 square
kilometers currently receive four full-time services; 235 people in an
area of 1,486 square kilometers receive three full-time services; 825
people in an area of 3,598 square kilometers receive two full-time
services; an area receiving only one full-time service (gray area)
contains 230 square kilometers, but is devoid of any population; and an
area receiving no full-time services (white area) covering 242 square
kilometers, is likewise uninhabited. As petitioner's modification
request is consistent with the provisions of Section 1.420(i) of the
Commission's Rules, we will not accept competing expressions of interest
in the use of Channel 224C at Dolan Springs, Arizona.

5\. Channel 224C can be allotted to Dolan Springs, Arizona, consistent
with the minimum distance separation requirements of Section 73.207(b)
of the Commission's Rules, utilizing the Dolan Springs city reference,
as specified by the petitioner, at coordinates 35-35-31 NL and 114-16-21
WL.[^4]

6\. Accordingly, we seek comments on the proposed amendment to the FM
Table of Allotments, Section 73.202(b) of the Commission's Rules, with
respect to the communities listed below, as follows:

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Kingman, Arizona 224C1, 234C, 260C2 234C, 260C2

Dolan Springs, Arizona 289C 224C, 289C

7\. The Commission\'s authority to institute rule making proceedings,
showings required, cut-off procedures, and filing requirements are
contained in the attached Appendix and are incorporated 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.

8\. Interested parties may file comments on or before April 23, 2001,
and reply comments on or before May 8, 2001, and are advised to read the
Appendix for the proper procedures. Comments should be filed with the
Federal Communications Commission, Office of the Secretary, 445 Twelfth
Street, SW; TW-A325, Washington, D.C. 20554. Additionally, a copy of
such comments should be served on the petitioner's counsel, as follows:

Robert L. Olender, Esq.

Koerner & Olender, P.C.

5809 Nicholson Lane

Suite 124

North Bethesda, MD 20852

9\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the FM Table of Allotments, Section 73.202(b) of
the Commission\'s Rules. [See]{.underline} [Certification that Sections
603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule
Making to Amend Sections 73.202(b),and 73.606(b) of the Commission\'s
Rules]{.underline}, 46 FR 11549, February 9, 1981.

10\. For further information concerning this proceeding, contact Nancy
Joyner, Mass Media Bureau, (202) 418-2180. For purposes of this
restricted notice and comment rule making proceeding, members of the
public are advised that no [ex]{.underline} [parte]{.underline}
presentations are permitted from the time the Commission adopts a Notice
of Proposed Rule Making until the proceeding has been decided and such
decision is no longer subject to reconsideration by the Commission or
review by any court. An [ex]{.underline} [parte]{.underline}
presentation is not prohibited if specifically requested by the
Commission or staff for the clarification or adduction of evidence or
resolution of issues in the proceeding. However, any new written
information elicited from such a request or a summary of any new oral
information shall be served by the person making the presentation upon
the other parties to the proceeding unless the Commission specifically
waives this service requirement. Any comment, which has not been served
on the petitioner, constitutes an [ex]{.underline} [parte]{.underline}
presentation and shall not be considered in the proceeding. Any reply
comment that has not been served on the person(s) who filed the comment,
to which the reply is directed, constitutes an [ex]{.underline}
[parte]{.underline} presentation and shall not be considered in the
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

Attachment: Appendix

[APPENDIX]{.underline}

1\. Pursuant to authority contained in Sections 4(i), 5(c)(1), 303(g)
and (r), and 307(b) of the Communications Act of 1934, as amended, and
Sections 0.61, 0.204(b) and 0.283 of the Commission\'s Rules, IT IS
PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules and Regulations, as set forth in the [Notice of
Proposed Rule Making]{.underline} to which this Appendix is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal discussed in the [Notice of Proposed Rule Making]{.underline}
to which this Appendix is attached. Proponent will be expected to answer
whatever questions are presented in initial comments. The proponent of a
proposed allotment is also expected to file comments even if it only
resubmits or incorporates by reference its former pleadings. It should
also restate its present intention to apply for the channel if it is
allotted and, if authorized, to build a station promptly. Failure to
file may lead to denial of the request.

3\. [Cut-off Procedures]{.underline}. The following procedures will
govern the consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered, if advanced in initial comments, so that parties may comment
on them in reply comments. They will not be considered if advanced in
reply comments. (See Section 1.420(d) of the Commission\'s Rules.)

\(b\) With respect to petitions for rule making which conflict with the
proposal in this [Notice]{.underline}, they will be considered as
comments in the proceeding, and Public Notice to this effect will 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.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel than was requested for any of the communities
involved.

4\. [Comments and Reply Comments; Service]{.underline}. Pursuant to
applicable procedures set out in Sections 1.415 and 1.420 of the
Commission\'s Rules and Regulations, interested parties may file
comments and reply comments on or before the dates set forth in the
[Notice of Proposed Rule Making]{.underline} to which this Appendix is
attached. All submissions by parties to this proceeding or by persons
acting on behalf of such parties must be made in written comments, reply
comments, or other appropriate pleadings. Comments shall be served on
the petitioner by the person filing the comments. Reply comments shall
be served on the person who filed comments to which the reply is
directed. Such comments and reply comments shall be accompanied by a
certificate of service. (See Section 1.420(a), (b) and (c) of the
Commission\'s Rules.) Comments should be filed with the Secretary,
Federal Communications Commission, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
Section 1.420 of the 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.

6\. [Public Inspection of Filings.]{.underline} All filings made in this
proceeding will be available for examination by interested parties
during regular business hours in the Commission\'s Reference Information
Center (Room CY-A257), at its headquarters, 445 Twelfth Street, SW.,
Washington, D.C.

[^1]: Station KRCY was modified from Channel 290C1 to Channel 224C1 at
    its existing site in MM Docket No. 99-271. [See]{.underline}
    [Boulder City, Nevada, Bullhead City, Lake Havasu City, and Kingman,
    Arizona, and Ludlow, California]{.underline}, (DA 00-1331), released
    June 16, 2000. However, action taken in that proceeding does not
    nullify the petitioner's obligation to file a license application
    (FCC Form 302) for the modified facilities on Channel 224C1 at
    Kingman, as directed in MM Docket No. 99-271. Therefore, petitioner
    is directed to file its license application to specify Channel 224C1
    at Kingman within 30 days of the release date of this
    [Notice]{.underline}. Final action in this proceeding will not be
    taken until Station KRCY has received an authorization on Channel
    224C1 at Kingman.

[^2]: ^?^Population figures reported herein were taken from the 1990
    U.S. Census.

[^3]: ^?^ Channel 289C was substituted for Channel 274C at Bullhead
    City, Arizona, and reallotted to Dolan Springs, in the context of MM
    Docket No. 99-271, [supra]{.underline}, as requested by Mag Mile
    Media, L.L.C. licensee of Station KBYE(FM). An authorization has
    been issued to Mag Mile Media, L.L.C. at Dolan Springs (see File No.
    BPH-20000918AGF).

[^4]: Channel 224C at Dolan Springs conflicts with Channel 224C2, Lake
    Havasu City, Arizona, licensed to Station KJJJ at coordinates
    34-33-06 NL and 114-11-37 WL. However, Channel 272C2 was substituted
    for Channel 224C2 in MM Docket No. 99-271, [supra]{.underline}, and
    the license of Steven M. Greeley for Station KJJJ was modified
    accordingly. The effective date of the [Report and
    Order]{.underline} in MM Docket No. 99-271 was July 31, 2000.