**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-244

Table of Allotments, ) RM-9678

FM Broadcast Stations. ) RM-9873

(Cumberland, Kentucky and Weber City, )

Virginia; Glade Spring, Marion, Richlands )

and Grundy, Virginia) )

**[ORDER TO SHOW CAUSE]{.underline}**

**Adopted: October 3, 2001 Released: October 12, 2001**

By the Chief, Allocations Branch:

1\. The Allocations Branch, at the request of Cumberland City
Broadcasting Company, issued a [Notice of Proposed Rule
Making]{.underline}, 14 FCC Rcd 10545 (1999), proposing the substitution
of 274C3 for Channel 274A at Cumberland, Kentucky, the reallotment of
Channel 274C3 from Cumberland to Weber City, Virginia, and the
modification of Station KSEH(FM)'s license accordingly.[^1] In response
to the [Notice]{.underline}, a Counterproposal was filed by Holston
Valley Broadcasting Corporation ("Holston") proposing the allotment of
Channel 274A at Glade Spring, Virginia.[^2] To accommodate the
allotment, Holston also proposed (a) the substitution of Channel 263A
for Channel 273A at Marion, Virginia; (b) the substitution of Channel
249A for Channel 264A at Richlands, Virginia; and (c) the substitution
of Channel 264A for Channel 249A at Grundy, Virginia. Holston also
suggested that Channel 274A remain licensed to Cumberland, Kentucky to
accommodate its proposal.

2\. In order for us to proceed with our analysis of the upgrade and
change of community at Weber City, Virginia, it is necessary to issue an
[Order to Show Cause]{.underline} to the licensees of Station WRIC-FM in
Richlands, Virginia and Station WMJD(FM) in Grundy, Virginia, why their
licenses should not be modified to specify operation on Channels 249A
and 264A, respectively. Holston states that the allotment of Channel
274A at Glade Spring also requires that Station WOLD-FM at Marion,
Virginia modify its station to specify operation on Channel 263A.
However, since Holston advises that the licensee of Station WOLD-FM has
agreed to modify its channel, this [Order]{.underline} is not
applicable. Holston Valley Broadcasting Corporation has stated its
intent to reimburse Stations WRIC-FM and WMJD(FM) for their reasonable
expenses incurred in connection with the change in frequencies. We will
not accept any additional counterproposals because an opportunity has
already been provided for the filing of such proposals. Further,
although this [Order]{.underline} affords Stations WRIC-FM and WMJD(FM)
an opportunity to object to the proposed channel changes, it does not
afford an additional opportunity to comment on the merits of the
proposal set forth in the [Notice of Proposed Rule Making]{.underline}
or the proposal advanced in the Counterproposal. [See]{.underline}
[Angola, Indiana, et al,]{.underline} 5 FCC Rcd 200 (1990).

3\. An engineering analysis has determined that Channel 274A can be
allotted to Glade Spring

in compliance with the Commission's minimum distance separation
requirements with a site restriction of 13.3 kilometers (8.3 miles) east
to avoid a short-spacing to the licensed site of Station WVSR-FM,
Station 274B, Charleston, West Virginia.[^3] Additionally, to
accommodate the allotment, Channel 265A can be substituted at Marion at
Station WOLD-FM's at petitioner's requested site;[^4] Channel 249A can
be substituted at Richland at Station WRIC-FM's presently licensed
site;[^5] and Channel 264A can be substituted at Grundy at Station
WMJD(FM)'s presently licensed site.[^6]

4\. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, Clinch Valley Broadcasting Corp.
and Virginia-Kentucky Broadcasting Co, licensees of Stations WRIC-FM and
WMJD(FM), respectively, SHALL SHOW CAUSE why its licenses SHOULD NOT BE
MODIFIED to specify operation on Channels 249A and 264A, respectively.

5\. Pursuant to Section 1.87 of the Commission\'s Rules, Clinch Valley
Broadcasting Corp. and Virginia-Kentucky Broadcasting Co. may, not later
than December 3, 2001, file a written statement showing with
particularity why its license should not be modified as proposed in the
[Order to Show Cause]{.underline}. The Commission may call on Clinch
Valley Broadcasting Corp. and Virginia-Kentucky Broadcasting Co., to
furnish additional information. If, Clinch Valley Broadcasting Corp. or
Virginia-Kentucky Broadcasting Co. raises a substantial and material
question of fact, a hearing may be required to resolve such a question
pursuant to Section 1.87. Upon review of the statements and/or
additional information furnished, the Commission may grant the
modification, deny the modification, or set the matter of modification
for hearing. If no written statement is filed by the date referred to
above, Clinch Valley Broadcasting Corp.and Virginia-Kentucky
Broadcasting Co., will be deemed to have consented to the modification
as proposed in the [Order to Show Cause]{.underline} and a final
[Order]{.underline} will be issued by the Commission, if the
above-mentioned channel modification is ultimately found to be in the
public interest.

6\. IT IS FURTHER ORDERED, That the Secretary SHALL SEND, BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a copy of this [Order to Show
Cause]{.underline} to the following:

Mr. Robert S. Dix, President Mary Lawson, President

Emerald Sound, Inc. Clinch Valley Broadcasting Corp.

Post Office Box 1047 Post Office Box 838f

Marion, Virginia 24354-1047 Richlands, Virginia 24641

(Licensee of Station WOLD-FM)) (Licensee of Station WRIC-FM)

Herman G. Dotson, President

Virginia-Kentucky Broadcasting Co.

Post Office Box 2045

Grundy, Virginia 24614

(Licensee of Station WMJD(FM))

7\. 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), 73.504]{.underline} [and 73.606(b)
of the Commission\'s Rules]{.underline}, 46 FR 11549, February 9, 1981.

8\. For further information concerning this proceeding, contact Sharon
P. McDonald, 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 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 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
parte]{.underline} presentation and shall not be

considered in the proceeding. Any reply comment which has not been
served on the person(s) who filed the comment, to which the reply is
directed, constitutes an [ex 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

[^1]: The communities of Glade Spring, Marion, Richlands and Grundy,
    Virginia have been added to the caption.

[^2]: Public Notice of the Counterproposal was given on May 15, 2000,
    Report No. 2411 (RM-9873).

[^3]: The coordinates for Channel 274A at Glade Spring are 36-45-15
    North Latitude and 81-37-56 West Longitude.

[^4]: The coordinates for Channel 263A at Marion are 36-51-23 North
    Latitude and 81-30-21 West Longitude.

[^5]: The coordinates for Channel 249A at Richland are 37-09-04 North
    Latitude and 81-53-56 West Longitude.

[^6]: The coordinates for Channel 264A at Grundy are 37-18-08 North
    Latitude and 82-07-04 West Longitude.