**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-53

Table of Allotments, ) RM-9823

FM Broadcast Stations. )

(Detroit Lakes and Barnesville, )

Minnesota)

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: March 15, 2000 Released: March 24, 2000**

**Comment Date: May 15, 2000**

**Reply Date: May 30, 2000**

By the Chief, Allocations Branch

1\. Before the Commission for consideration is a Petition for Rule
Making filed on behalf of T&J Broadcasting, Inc. ("T&J"), proposing the
reallotment of Channel 236C1 from Detroit Lakes, Minnesota, to
Barnesville, Minnesota, and modification of its license for Station
KFGX(FM) to specify Barnesville as the community of license. T&J stated
its intention to apply for Channel 236C1 at Barnesville if the
reallottment is granted.

2\. T&J 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 (\"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). In support of its proposal, T&J states that Channel
236C1 may be allotted to Barnesville consistent with the Commission\'s
separation requirements, placing a city-grade signal over the entire
community of Barnesville. Further, T&J states that the reallotment of
Channel 236C1 to Barnesville is mutually exclusive with the current use
of Channel 236C1 at Detroit Lakes, will provide a first local service at
Barnesville and that local service will continue to be provided to
Detroit Lakes by Stations KDLM(AM) and KRCQ(FM). T&J states that it
intends to relocate its transmitter site and that the anticipated site
will provide full city grade coverage to the Barnesville community. T&J
also states that the reallotment of Channel 236C1 to Barnesville at its
new transmitter site will provide a 70 dBu signal over most of the
Fargo, North Dakota Urbanized Area and has provided a showing that
Barnesville is independent of the Fargo Urbanized Area.

3\. T&J provided the following information to demonstrate that
Barnesville is independent of the Fargo North Dakota Urbanized Area
pursuant to the criteria set forth in [Faye and Richard
Tuck]{.underline} (["Tuck")]{.underline}, 3 FCC Rcd 5374 (1988).[^1] As
to signal coverage, T&J states that the 70 dBu contour will cover most
of the Fargo Urbanized Area and that Barnesville is located
approximately 25 miles from Fargo. T&J points out that the community of
Barnesville does not fall within the Fargo Urbanized Area boundaries.
T&J states that Barnesville is not an appendage of Fargo but exists as a
unique, self-sufficient community deserving of a first local service
preference.

1\) [The extent to which community residents work in the larger
metropolitan area rather than the specified community]{.underline}. T&J
states that Barnesville is home to a myriad of local businesses which
employ primarily local residents. For example, over 100 people are
employed at the Barnesville Care Center, 87 people work for the
Barnesville School District, 33 people are employed with the Barnesville
City Government and many other Barnesville residents are employed at
local restaurants, grocery stores, clothings shops, and the Barnesville
Area Clinic and various physicians' offices. Because of the abundance of
businesses that exist in Barnesville, residents have the option of
working in the community itself, rather than commuting to Fargo.

2\) [Whether the smaller community has its own newspaper or other media
that covers the community's local needs and interests]{.underline}. T&J
states that Barnesville has its own weekly newspaper, [The Barnesville
Record Review]{.underline}, published solely for Barnesville. This
weekly publication carries news and advertising of special interest to
the residents of Barnesville, such as coverage of the community's annual
Potato Days Festival and features on community leaders

3\) [Whether community leaders and residents perceive the specified
community as being an integral part of, or separate from, the larger
metropolitan area]{.underline}. According to T&J, business owners,
residents and community leaders in Barnesville perceive their community
as being separate from Fargo. Barnesville residents can have all of
their needs met without leaving their community because of the many
local businesses and services, which include grocery and clothing
stores, churches, a police department, medical clinic, as well as
doctors, dentists and lawyers offices. T&J points out that local
residents and over 30 community organizations join in sponsoring local
events and festivities throughout the year that take place in
Barnesville and are separate from Fargo.

4\) [Whether the specified community has its own local government and
elected officials]{.underline}. T&J states that Barnesville has its own
local government and elected officials. The Barnesville City Government
is comprised of a mayor and six member council, who are all elected by
Barnesville residents. The Barnesville government employs 33 residents
of the community, has an administrative staff consisting of a city
administrator, finance officer, telephone operations manager, records
manager, customer service representative, billing/data entry clerk and a
city attorney.

5\) [Whether the smaller community has its own telephone book provided
by the local telephone company or zip code]{.underline}. Barnesville has
its own zip code (56514) and its own branch of the U.S. Post Office. The
city owns the local telephone company, providing local, long distance
and internet access, which complies a local telephone directory. T&J
believes that the separate zip code and the telephone directory are
further evidence of Barnesville's independence from Fargo.

6\) [Whether the community has its own commercial establishments, health
facilities and transportation systems]{.underline}. T&J provides the
following information in response to this factor. Barnesville is a full
service community offering many goods and services from a wide variety
of local commercial establishments, which include four grocery stores,
convenience stores, clothing shops, a bakery, barber, motel, cleaning
services, florists, dry cleaning, sporting goods stores, health club,
auto body repair shops and eight restaurants. T&J explains that although
Barnesville residents make use of the Dakota Hospital in Fargo,
Barnesville has its own doctors and dentists, a clinic and a nursing
home. In addition, Barnesville has its own municipal airport.

7\) [The extent to which the community and central city are part of the
same advertising market]{.underline}. T&J states that it is feasible
that advertisers in Fargo may target Barnesville residents but there are
numerous small communities such as Sabin, Elmwood and Kurtz that are
closer to Fargo than Barnesville that are likely more effective targets
for advertisers than the residents of Barnesville. T&J believes that
based upon the large number of businesses which maintain facilities in
Barnesville, a separate advertising market most likely exists for
Barnesville.

8\) [The extent to which the specified community relies on the larger
metropolitan area for various municipal services, such as police, fire
protection, schools, and libraries]{.underline}. According to T&J,
Barnesville is self-sufficient and does not rely on Fargo for any of its
municipal services. The community provides one-stop shopping with its
own municipally owned and operated water source, sewer service, electric
utility and local telephone company, local telecommunications service,
cable tv company, garbage and recycling center. T&J adds that
Barnesville has its own police department, volunteer fire department,
EMT and ambulance service, schools, public library, several parks and
camping sites, animal control services and a golf course.

4\. We believe that T&J's proposal warrants consideration since the
allotment of Channel 236C1 at Barnesville could provide the community
with its first local aural service while not depriving Detroit Lakes of
its sole local aural service. T&J has provided sufficient information to
show that Barnesville is an independent community. Since T&J is
proposing to change the transmitter site for Station WKFGX(FM), a gain
and loss study is required. A staff engineering analysis indicates that
the loss area of Channel 236C1 at Detroit Lakes contains 50,105 people
and covers approximately 6,270 square kilometers while the gain area of
Channel 236C1 at Barnesville contains 17,431 people and covers
approximately 6,270 square kilometers for a net loss of 32,674 people
being served. Our analysis also indicates that there are several small
sections of the loss area of Channel 236C1 at Detroit Lakes that would
be left with less than five full-time services if Station KFGX(FM) is
reallotted to Barnesville. T&J is requested to perform a gain and loss
study as to the number of listeners who would be served by the new
allotment and those who would lose the service provided from Station
KFGX(FM)'s current transmitter site.[^2] T&J is also requested to
provide information concerning reception service in the loss area.
Channel 236C1 can be allotted to Barnesville, Minnesota, in compliance
with the Commission's spacing rerquirements at T&J's specified site.[^3]
Since Barnesville is located within 320 kilometers (200 miles) of the
U.S.-Canadian border, concurrence of the Canadian Government will be
requested for the allotment at Barnesville. As requested, we shall
propose to modify the license of Station KFGX(FM) to specify operation
on Channel 236C1 at Barnesville, Minnesota, as its new community of
license. In accordance with the provisions of Section 1.420(I) of the
Commission's Rules, we shall not accept competing expressions of
interest in the use of Channel 236C1 at Barnesville.

5\. In view of the fact that the proposed allotment would provide a
first local service to Barnesville, Minnesota, the Commission believes
it would serve the public interest to solicit comments on the proposal
to allot Channel 236C1 to Barnesville. Therefore, we will seek comments
on the proposed amendment to the FM Table of Allotments, Section
73.202(b) of the Commission\'s Rules, with respect to Detroit Lakes and
Barnesville, Minnesota, as follows:

Channel No.

Community Present Proposed

Barnesville, Minnesota \-\-\-\-\-\-\-- 236C1

Detroit Lakes, Minnesota 236C1, 272C2 272C2

6\. 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.

7\. Interested parties may file comments on or before May 15, 2000**,**
and reply comments on or before May 30, 2000, and are advised to read
the Appendix for the proper procedures. Comments should be 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:

Clifford M. Harrington

Dawn M. Sciarrino

Amy L. Van de Kerckhove

Fisher Wayland Cooper Leader & Zaragoza L.L.P.

2001 Pennsylvania Avenue, N.W., Suite 400

Washington, D. C. 20006

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

9\. For further information concerning this proceeding contact Kathleen
Scheuerle, 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 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 this
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

**APPENDIX**

1.Pursuant to authority found 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(s) discussed in the [Notice of Proposed Rule
Making]{.underline} to which this Appendix is attached. Proponent(s)
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]{.underline} Section 1.420(d) of the Commission\'s Rules).

\(b\) With respect to petitions for rule making which conflict with the
proposal(s) 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(s) who filed comments to which the reply is
directed. such comments and reply comments shall be accompanied by a
certificate of service. ([See]{.underline} Section 1.420(a), (b) and (c)
of the Commission\'s Rules.) Comments should be filed with the
Secretary, Federal Communications Commission, 445 Twelfth Street, S.W.,
TW-A325, 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 Public Reference Room
at its headquarters, 445 Twelfth Street, S.W., Washington, D. C.

[^1]: The independent factors set forth in [Tuck]{.underline} are 1) the
    extent to which the community residents work in the larger
    metropolitan area rather than the specified community; 2) whether
    the smaller community has its own newspaper or other media that
    covers the community's local needs and interests; 3) whether
    community leaders and residents perceive the specified community as
    being an integral part of, or separate from, the larger metropolitan
    area; 4) whether the specified community has its own local
    government and elected officials; and 5) whether the smaller
    community has its own telephone book provided by the local telephone
    company or zip code; 6) whether the community has its own commercial
    establishments, health facilities, and transportation systems; 7)
    the extent to which the specified community and the central city are
    part of the same advertising market; and 8) the extent to which the
    specified community relies on the larger metropolitan area for
    various municipal services, such as police, fire protection,
    schools, and libraries.

[^2]: ^?^ The coordinates for Station KFGX(FM) at Detroit Lakes are
    46-40-27 and 96-13-39.

[^3]: ^?^ The coordinates for Channel 236C1 at Barnesville are 46-49-10
    and 96-45-56.