**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-245

Table of Allotments, ) RM-9971

FM Broadcast Stations. )

(Alberta, Virginia and )

Whitakers, North Carolina ) )

)

**[NOTICE OF PROPOSED RULE MAKING]{.underline}**

**Adopted: November 29, 2000 Released: December 8, 2000**

Comment Date: January 29, 2001

Reply Comment Date: February 13, 2001

By the Chief, Allocations Branch:

1\. The Allocation Branch has before it the petition for rule making
filed by Broomfield Broadcasting, Inc. (\"petitioner\"), requesting the
substitution of Channel 276C3 for Channel 276A at Alberta, Virginia and
the reallotment of Channel 276C3 from Alberta to Whitakers, North
Carolina as the community\'s first local aural transmission service, and
the modification of Station WAQD(FM)'s license to specify Whitakers as
its community of license. Petitioner states that it will apply for the
channel, if allotted to Whitakers.

2\. Petitioner states that Whitakers, an incorporated community and has
a 1990 U.S. Census population of 860 people. Whitakers, according to
petitioner, has its own elected city government, a post office, fire and
law enforcement protection and a public library.[^1] Thus, petitioner
concludes that Whitakers is deserving of its own first FM local service.
Petitioner also states that the reallotment of Channel 276C3 to
Whitakers will not result in the loss of service to Alberta which the
public has come to rely upon since the current WADQ(FM) facility has not
yet been constructed, citing [Genoa, Mt. Morris and Oregon,
Illinois]{.underline}, 14 FCC Rcd 2930 (1999). As a Whitakers station,
petitioner states that the station will provide service to 860 people,
which represents an increase of over 500 people from that of an Alberta
station. [^2] In addition, petitioner proposes the allotment of Channel
299A to Alberta as a replacement for Channel 276A and commits to apply
for the facilities on Channel 299A if the Commission grants its rule
making proposal for Alberta. Petitioner states that overall its proposal
will provide a first local service to 1,197 people in both communities.

3\. We believe petitioner's proposal warrants consideration since the
substitution of Channel 276C3 for Channel 276A at Alberta and
reallocation of Channel 276C3 to Whitakers could provide Whitakers with
its first local aural transmission service. Channel 276C3 can be
allotted to Whitakers in compliance with the Commission\'s minimum
distance separation requirements with no site restriction.[^3] Channel
299A can be allotted to Alberta in compliance with the Commission's
minimum distance separation requirements with no site restriction.

4\. Accordingly, we seek comments on the proposed amendment of the FM
Table of Allotments, Section 73.202(b) of the Commission\'s Rules, for
the community listed below, to read as follows:

[Channel No.]{.underline}

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

Alberta, Virginia 276A 299A

Whitakers, North Carolina \-\-- 276C3

5\. 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.

6\. Interested parties may file comments on or before January 29, 2001
and reply comments on or before February 13, 2001 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, or its counsel or consultant, as follows:

Broomfield Broadcasting

c/o John Trent, Esq.

Putbrese, Hunsaker & Trent, P.C.

100 Carpenter Drive, Suite 100

P.O. Box 217

Sterling, VA 20167-0217

(Counsel to petitioner)

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]{.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.

8\. For further information concerning this proceeding, contact Arthur
D. Scrutchins, 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

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]: Petitioner notes that other businesses located in Whitaker
    include, Whitakers Auto Supply, Whitakers Food Center, Whitakers Gin
    Company, Whitakers Medical Center, Whitakers Pharmacy and Whitakers
    Used Tires.

[^2]: Petitioner notes that as a Alberta facility, WAQD(FM) would
    provide reception service to 21,543 people over 1,426 square
    kilometers. By contrast, facilities of Channel 276C3 at Whitakers
    would provide service to a population of 172,026 people over 4,789
    square kilometers, an increase of 150,483 people, or nearly 700%.

[^3]: The coordinates for Channel 276C3 at Whitakers are 36-11-23 NL and
    77-51-09 WL. The coordinates for Channel 299A at Alberta are
    36-51-56 NL and 77-53-12 WL.