Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(McCook, Nebraska) ) MM Docket No. 00-82

) RM-9841

)

(Butte Falls, Oregon) ) MM Docket No. 00-83

) RM-9849

)

(Jacksonville, Georgia) ) MM Docket No. 00-84

) RM-9855

)

(Las Vegas, New Mexico) ) MM Docket No. 00-85

) RM-9868

)

(Vale, Oregon) ) MM Docket No. 00-86

) RM-9869

)

(Brightwood, Oregon) ) MM Docket No. 00-87

) RM-9870

)

(Dillsboro, North Carolina) ) MM Docket No. 00-88

) RM-9871

)

(Waynesboro, Georgia) ) MM Docket No. 00-89

) RM-9872

[NOTICE OF PROPOSED RULE MAKING]{.underline}

Adopted: May 10, 2000 Released: May 19, 2000

Comment Date: July 10, 2000

Reply Comment Date: July 25, 2000

By the Chief, Allocations Branch:

1\. Before the Commission for consideration is a multiple docket [Notice
of Proposed Rule Making]{.underline} setting forth separate proposals to
amend the FM Table of Allotments, Section 73.202(b) of the Rules. We
believe that each proposal warrants further consideration because it
complies with our technical requirements and could serve the public
interest.

2\. This multiple docket [Notice of Proposed Rule Making]{.underline} is
issued in response to the Commission [Public Notice]{.underline}
released October 2, 1998 (DA 98-1987). We are combining separate FM
allotment proposals into a single [Notice of Proposed Rule
Making]{.underline}. Each proposal has its own docket and rule making
numbers and the Commission\'s Reference Center will maintain a separate
file for each docket. As discussed in the [Public Notice]{.underline},
this procedure will conserve Commission resources and expedite the
processing of FM allotment petitions for rule making by avoiding
duplicative actions. We request comments and/or counterproposals to the
following proposals:

\(1\) [MM Docket No. 00-82, RM-9841]{.underline}

Petitioner: McCook Radio Group, LLC

David M. Stout, Managing Member

1811 West \"O\" Street

McCook, NE 69001

(Petitioner)

Proposal: Allot Channel 280C2 to McCook, Nebraska, as the community\'s
fifth or sixth local commercial FM service.[^1]

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

McCook, Nebraska 230C2, 241C, 253C1[^2], 230C2, 241C, 253C1,

287C1 271C1, 280C2, 287C1

Coordinates: 40-12-18 NL; 100-37-36 WL.

Additional Information: Channel 280C2 can be allotted to McCook without
the imposition of a site restriction.

FCC Contact: Leslie Shapiro, (202) 418-2189

\(2\) [MM Docket No. 00-83, RM-9849]{.underline}

Petitioner: Butte Falls Radio

James S. Bumpous, Partner

13915 Lakeview Drive

Austin, TX 78732

Proposal: Allot Channel 255A to Butte Falls, Oregon, as the community\'s
first local aural service.

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

Butte Falls, Oregon \-- 255A

Coordinates: 42-33-05 NL; 122-35-18 WL.

Additional Information: Channel 255A can be allotted to Butte Falls with
a site restriction of 1.9 kilometers (1.2 miles) northwest to avoid a
short-spacing to Station KAGO-FM, Channel 258C1, Klamath Falls, OR.

FCC Contact: Leslie Shapiro, (202) 418-2189

\(3\) [MM Docket No. 00-84, RM-9855]{.underline}

Petitioner: Clyde and Connie Lee Scott, d/b/a EME Communications

293 JC Saunders Road

Moultrie, GA 31768

Proposal: Allot Channel 272A to Jacksonville, GA, as the community\'s
first local aural service.

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

Jacksonville, GA \-- 272A

Coordinates: 31-51-54 NL; 83-06-16 WL.

Additional Information: Channel 272A can be allotted to Jacksonville,
GA, with a site restriction of 13.5 kilometers (8.4 miles) northwest to
avoid short-spacings to Station WZAT, Channel 271C, Savannah, GA,
Station WBGA, Channel 273C1, Waycross, GA, and Station WYSC, Channel
274A, McRae, GA.

FCC Contact: Leslie Shapiro, (202) 418-2189

\(4\) [MM Docket No. 00-85, RM-9868]{.underline}

Petitioner: Sangre de Christo Broadcasting Co., Inc.

Ernest T. Sanchez

2000 L Street, N.W., Suite 200

Washington, D.C. 20036

(Counsel to petitioner)

Proposal: Allot Channel 224A to Las Vegas, NM, as the community\'s fifth
or sixth local commercial FM service.[^3]

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

Las Vegas, New Mexico 244A, 251C, 264C3 224A, 244A, 251C, 264C3

268A, 275A 268A, 275A

Coordinates: 35-36-00 NL; 105-13-00 WL.

Additional Information: Channel 224A can be allotted to Las Vegas
without the imposition of a site restriction.

FCC Contact: Leslie Shapiro, (202) 418-2180

\(5\) [MM Docket No. 00-86, RM-9869]{.underline}

Petitioner: New West Broadcasting

Robin B. Thomas, President

New West Broadcasting

1001 Weatherby Drive

Cheyenne, WY 82007

Proposal: Allot Channel 288C to Vale, Oregon, as the community\'s first
local aural service.

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

Vale, Oregon \-- 288C

Coordinates: 44-00-06 NL; 117-21-32 WL.

Additional Information: Channel 288C can be allotted to Vale with a site
restriction of 9.6 kilometers (6.0 miles) west to avoid short-spacings
to Station KJOT, Channel 286C, Boise, Idaho, and Station KCIX, Channel
290C, Garden City, Idaho.

FCC Contact: Leslie Shapiro, (202) 418-2180

\(6\) [MM Docket No. 00-87, RM-9870]{.underline}

Petitioner: Muddy Broadcasting Company

Dawn M. Sciarrino

Clifford M. Harrington

Paul A. Cicelski

Shaw Pittman

2300 N Street, N.W.

Washington, D.C. 20037

(Counsel to petitioner)

Proposal: Allot Channel 251C3 to Brightwood, Oregon, as the community\'s
first local aural service.

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

Brightwood, OR \-- 251C3

Coordinates: 45-17-20 NL; 121-47-04 WL.

Additional Information: Channel 251C3 can be allotted to Brightwood with
a site restriction of 20.6 kilometers (12.8 miles) southeast to avoid a
short-spacing to Station KUPL-FM, Channel 254C1, Portland, OR.

FCC Contact: Leslie Shapiro, (202) 418-2189

\(7\) [MM Docket No. 00-88, RM-9871]{.underline}

Petitioner: Sutton Radiocasting Corporation

John F. Garziglia

Patricia M. Chuh

Pepper & Corazzini, LLP

1776 K Street, N.W., Suite 200

Washington, D.C. 20006-2334

(Counsel to petitioner)

Proposal: Allot 237A to Dillsboro, North Carolina, as the community\'s
first local aural service.

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

Dillsboro, North Carolina \-- 237A

Coordinates: 35-18-21 NL; 83-09-50 WL.

Additional Information: Channel 237A can be allotted to Dillsboro with a
site restriction of 10.7 kilometers (6.6 miles) southeast to avoid a
short-spacing to Station WIKQ, Channel 235C, Greeneville, TN, and
Station WYFC, Channel 237A, Clinton, TN.

Section 307(b) of the Communications Act of 1934, as amended, requires
that the Commission allot channels \"among the several states and
communities.\" The Commission has defined a community as a
geographically identifiable population grouping. Generally, if a
community is incorporated or listed in the U.S. Census, that is
sufficient to satisfy its status. Absent such recognizable community
factors, the petitioner must present the Commission with sufficient
information to demonstrate that such a place has social, economic, or
cultural indicia to qualify it as a community for allotment purposes.
[See]{.underline}, [Pleasant Dale, Nebraska]{.underline}, 14 FCC Rcd
18893 (1999), [Avon, North Carolina]{.underline}, 14 FCC Rcd 3939 (1999)
and [Thermal, California]{.underline}, 15 FCC Rcd 2100 (2000). We
recognize that Dillsboro is listed in the 1990 U.S. Census as a village
and attributed with a population of 95 people. However, we may find that
a population grouping of 95 people does not constitute a community for
allotment purposes where the community may be devoid of the customary
factors associated with determining community status, such as a library,
schools, shopping centers, churches, a newspaper and social or civic
organizations. In this case, we have found that its zip code (28779) is
listed under the community of Sylva and it does not have its own post
office. [See­, Searles Valley, California]{.underline}, 3 FCC Rcd 5221
(1988) and [Naples, Florida]{.underline}, 41 RR 2d 1549 (1971). In
addition, in past cases, we have rejected claims of community status
where a nexus has not been shown between the political, social, economic
and governmental indicia to qualify it as a \"community\" for allotment
purposes. [See]{.underline}, [Gretna, Marianna, Quincy and Tallahassee,
Florida]{.underline}, 6 FCC Rcd 633 (1991) and cases cited therein.
Petitioner should show that any community organizations, civic groups,
etc., which exist have a nexus with Dillsboro.

FCC Contact: Leslie Shapiro, (202) 418-2189

\(8\) [MM Docket No. 00-89, RM-9872]{.underline}

Petitioner: SSR Communications Incorporated

C. Michael Adkins

5116 Wesleyan Circle

Macon, Georgia 31210

Proposal: Allot Channel 225A to Waynesboro, Georgia, as the community\'s
third local FM service.

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

Waynesboro, Georgia 265A, 296C3 225A, 265A, 296C3

Coordinates: 33-06-23 NL; 82-00-14 WL.

Additional Information: The allotment of Channel 225A at Waynesboro
requires a site restriction of 2.0 kilometers (1.3 miles) northeast to
avoid a short-spacing to Station WKKZ, Channel 224C2, Dublin, Georgia,
and Station WEAS-FM, Channel 226C1, Savannah, Georgia.

FCC Contact: Leslie Shapiro, (202) 418-2189

3\. Comments, reply comments, counterproposals and other pleadings filed
in response to this multiple docket [Notice of Proposed Rule
Making]{.underline} should reference [only]{.underline} the specific
docket to which the filing pertains. 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 in paragraph 2 of
the Appendix before a channel will be allotted.

4\. Interested parties may file comments on or before July 10, 2000, and
reply comments on or before July 25, 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 any filing should be served on the petitioner,
or its counsel or consultant, listed for the particular docket.

5\. 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]{.underline} [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.

6\. For further information concerning a proceeding listed above,
contact the FCC contact listed for that proceeding. For purposes of
these restricted notice and comment rule making proceedings, 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

Attachment: Appendix

[APPENDIX]{.underline}

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 protection]{.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
proposals 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, 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, at its headquarters, 445 12th Street, S.W., Washington, D.C.

[^1]: McCook Radio Group, LLC, is also the petitioner in MM Docket 00-6
    proposing the allotment of Channel 271C1 to McCook.
    [See]{.underline}, 15 FCC Rcd 738 (2000). Petitioner, in each
    petition, stated its intention to apply for the requested channel.

[^2]: Channel 253C1 was substituted for Channel 253C2 at McCook pursuant
    to the one-step application (BMPH-19990301IC) of McCook Media
    Association, the permittee of Station KJKI.

[^3]: The Commission also has before it the proposal of BK Radio to
    substitute Channel 268C3 for Channel 268A at Las Vegas, NM,
    reallotment Channel 268C3 to Pecos, NM, and modify its construction
    permit (19960829MH) accordingly. [See]{.underline}, MM Docket 00-5,
    15 FCC Rcd 732 (2000).