Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MM Docket No. 01-33          |
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| Amendment of Section 73.202(b),  | ) | RM-10060                     |
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| FM Table of Allotments,          | * | MM Docket No. 01-34          |
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| FM Broadcast Stations.           | * | RM-10061                     |
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| (Warsaw and Windsor, Missouri    | * |                              |
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+----------------------------------+---+------------------------------+

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: January 31, 2001 Released: February 9, 2001**

**Comment Date: April 2, 2001**

**Reply Comment Date: April 17, 2001**

By the Chief, Allocations Branch:

1.  Before the Allocations Branch for consideration is a multiple docket
    *Notice of Proposed Rule Making* setting forth three separate
    proposals to amend the FM Table of Allotments, Section 73.202(b) of
    the Rules to allot new channels in four separate localities. Each
    proposal involves a change of community of license that would
    provide a first local transmission service at the proposed
    community. Each petitioner, Edwards Communications, L.C., licensee
    of Station WIDL(FM) Caro, Michigan, and D&H Media, permittee of
    Station KWKJ(FM), Warsaw, Missouri, states that it will file an
    application for construction permit at each locality to effectuate
    the change of community if the channel is reallotted. We believe
    that each proposal warrants consideration because it complies with
    our technical requirements and would serve the public interest.

2.  This is a multiple docket *Notice of Proposed Rule Making* issued in
    response to a Commission *Public Notice* released October 2, 1998
    (DA 98-1987). We are combining separate FM allotment proposals into
    a single *Notice of Proposed Rule Making*. Each proposal has its own
    docket and rule making number and the Commission\'s Reference Center
    will maintain a separate file for each docket. As discussed in the
    *Public Notice*, 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:

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A.  **MM Docket No. 01-33; RM-10060**

    **Petitioner: Edwards Communications, L.C.**

    **C/O John S. Neely**

    **Miller and Miller, P.C.**

    **P. O. Box 33003**

    **Washington, DC 20033**

    **Proposal:** Substitute Channel 221C3 for Channel 221A at Caro,
    Michigan, reallot Channel 221C3 from Caro to Cass City, Michigan, as
    the community's first local transmission service, and modify Station
    WIDL's authorization to specify Cass City as the community of
    license.

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

    Caro, Michigan 221A \-\--

    Cass City, Michigan \-\-- 221C3

    Coordinates: 48-38-20 NL and 83-08-38 WL

    **Additional Information:** Channel 221C3 can be substituted for
    Channel 221A at Caro, Michigan, and reallotted from Caro to Cass
    City at petitioner's requested site 4.9 kilometers (3.0 miles)
    northeast of the community. A preliminary engineering analysis shows
    that there is a gain area with a population of 37, 994 persons. Our
    analysis also shows that all of the loss area is well served, and
    the gain area includes areas that will receive a third, fourth, and
    fifth service. In addition, Caro will continue to receive local
    transmission service from Station WKYO(AM). No urbanized areas are
    involved. Canadian concurrence will be requested for this allotment.

    **FCC Contact:** Victoria M. McCauley, Mass Media Bureau (202)
    418-2180.

B.  **MM Docket No. 01-34; RM-10061**

    **Petitioner: D&H Media**

    **C/O Howard J. Barr**

    **Pepper and Corazzini, LLP**

    **1776 K Street, N.W. Suite 200**

    **Washington, DC 20006-2334**

    **Proposal:** Reallot Channel 253A from Warsaw to Windsor, Missouri,
    as the community's first local transmission service, and modify
    Station KWKJ's authorization to specify Windsor as the community of
    license.

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

    Warsaw, Missouri 249A, 253A 249A

    Windsor, Missouri \-\-- 253A

    Coordinates: 38-31-56 NL and 93-31-19 WL

    **Additional Information:** Channel 253A can reallotted from Warsaw
    to Windsor, Missouri, without a site restriction. The community will
    continue to receive local transmission service from Station
    KAYQ(FM). No urbanized areas are involved. A preliminary engineering
    analysis shows that from the proposed transmitter site, there is a
    gain in population to 27,107 persons. Our analysis also shows that
    from petitioner's site, the loss area includes no white or gray area
    but does include an area with a population of 1,347 persons that
    will be left with two reception services, and area with a population
    of 4,633 persons that will be left with three reception services and
    area with a population of 1,861 persons that will be left with four
    reception services. We also note that the gain area includes an area
    with a population of 3,873 persons who will receive a fourth
    reception service. Petitioner is requested to address the issue of
    underserved loss areas and provide information in support of the
    public interest benefit in the change of community.

    **FCC Contact:** Victoria M. McCauley, Mass Media Bureau (202)
    418-2180.

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3.  Comments, reply comments, counterproposals and other pleadings filed
    in response to this multiple docket *Notice of Proposed Rule Making*
    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 April 2, 2001, and
    reply comments on or before April 17, 2001**,** and are advised to
    read the Appendix for the proper procedure. Additionally, a copy of
    any filing should be served on the petitioner 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 a rule making
    proceeding to amend the FM Table of Allotments, Section 73.202(b) of
    the Commission\'s Rules. *See* *Certification that Section 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*. 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
    this restricted notice and comment rule making proceeding, members
    of the public are advised that no *ex* *parte* presentations are
    permitted from the time the Commission adopts a Notice of Proposed
    Rule Making until the proceeding has been decided and such decision
    in the applicable docket is no longer subject to reconsideration by
    the Commission or review by any court. An *ex* *parte* 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 any summary of any new information
    shall be served by the person making the presentation upon the other
    parties to the proceeding in particular docket unless the Commission
    specifically waives this service requirement. Any comment which has
    not been served on the petitioner constitutes an *ex* *parte*
    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* 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* 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* 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* 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*, 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* 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* Section 1.420(a), (b)
and (c) of the Commission\'s Rules.) Comments should be filed with the
Office of the Secretary, Federal Communications Commission, 445 12th
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 Information Reference
Center (Room CY-A257) at its headquarters, 445 12^th^ Street, S.W.,
Washington D.C. 20554.