**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}**

**(CORRECTED)**

**Adopted: October 24, 2001 Released: November 2, 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 WSEH(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, and the modification of Station
WOLD-FM's license accordingly; (b) the substitution of Channel 249A for
Channel 264A at Richlands, Virginia, and the modification of Station
WRIC-FM's license accordingly; and (c) the substitution of Channel 264A
for Channel 249A at Grundy, Virginia, and the modification of Station
WMJD(FM)'s license accordingly. 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 Virginia-Kentucky Broadcasting Co.,
licensee of Station on WMJD(FM) in Grundy, Virginia, why its license
should not be modified to specify operation on Channel 264A.[^3] 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, and we
note that the licensee of Station WRIC-FM has also submitted comments
consenting 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 Station 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,
Channel 274B, Charleston, West Virginia.[^4] Additionally, to
accommodate the allotment, Channel 263A can be substituted at Marion at
petitioner's requested site;[^5] Channel 249A can be substituted at
Richlands at Station WRIC-FM's presently licensed site;[^6] and Channel
264A can be substituted at Grundy at Station WMJD(FM)'s presently
licensed site.[^7]

4\. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, Virginia-Kentucky Broadcasting
Co, licensee of Station WMJD(FM), SHALL SHOW CAUSE why its license
SHOULD NOT BE MODIFIED to specify operation on Channel 264A.

5\. Pursuant to Section 1.87 of the Commission\'s Rules,
Virginia-Kentucky Broadcasting Co. may, not later than December 24,
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 Virginia-Kentucky
Broadcasting Co., to furnish additional information. If,
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, 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:

Emerald Sound, Inc. Peggy Sue Broadcasting Corp.

Post Office Box 31 137 Oriole Avenue

Marion, Virginia 24354 Princeton, West Virginia 24740

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

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]: We previously released an [Order to Show Cause]{.underline} (DA
    01-2377) in this proceeding, which was rescinded by an
    [Order]{.underline} (DA 01-2449) due to an assignment of license of
    one of the stations involved. This document constitutes a corrected
    [Order to Show Cause]{.underline}.

[^4]: The coordinates for Channel 274A at Glade Spring are 36-45-15
    North Latitude and 81-37-56 West Longitude.

[^5]: The coordinates for Channel 263A at Marion are 36-51-23 North
    Latitude and 81-30-21 West Longitude.

[^6]: The coordinates for Channel 249A at Richlands are 37-09-04 North
    Latitude and 81-53-56 West Longitude.

[^7]: The coordinates for Channel 264A at Grundy are 37-18-08 North
    Latitude and 82-07-04 West Longitude.