**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-129

Table of Allotments, ) RM-9909

FM Broadcast Stations. )

(Moberly, Malta Bend and )

Chillicothe, Missouri) )

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: July 5, 2000 Released: July 14, 2000**

**Comment Date: September 5, 2000**

**Reply Date: September 20, 2000**

By the Chief, Allocations Branch

1\. Before the Commission for consideration is a Petition for Rule
Making filed on behalf of Best Broadcasting, Inc. ("Best"), licensee of
Station KCSX, Moberly, Missouri. Best requests the substitution of
Channel 247C2 for Channel 247C3 at Moberly, Missouri, substitution of
Channel 280C3 for Channel 248C3 at Malta Bend, Missouri, and the
substitution of Channel 273A for Channel 280C3 at Chillicothe,
Missouri.[^1] Best stated it will apply for and construct the station at
Moberly if substitutions are made at Malta Bend and Chillicothe.

2\. We believe the public interest would be served by proposing the
substitution of Channel 247C2 for Channel 247C3 at Moberly, Missouri,
with a modification of the license for Station KCSX to specify operation
on Channel 247C2. In support of the requested upgrade, Best has stated
that the substitution will result in a net gain in service to
approximately 21,441 people in an area of 1,470 square kilometers. To
accommodate the substitution at Moberly, we shall also propose the
substitution of Channel 280C3 for Channel 248C3 at Malta Bend, Missouri,
and modification of the license for Station KRLI and substitution of
Channel 273A for Channel 280C3 at Chillicothe, Missouri, and
modification of the license for Station KCHI. Best has provided a
reimbursement agreement with Miles J. Carter, licensee of Station KRLI,
Malta Bend, consenting to the proposed substitution. The licensee of
Station KCHI, Chillicothe, has provided a statement consenting to the
reclassification of the channel to specify operation as a Class A
station and to the proposed transmitter site relocation.[^2] Best has
stated that a reimbursement agreement has been reached with the licensee
for Station KCHI for the reasonable costs of changing channels and
relocating the station's transmitter site should the Commission order
the changes. We will shall also propose to modify Station KCSX's license
to specify operation on the higher powered channel. In accordance with
Section 1.420(g)(3), we will not accept competing expressions of
interest in the use of Channel 247C2 at Moberly. A staff engineering
analysis indicates that Channel 247C2 can be allotted to Moberly,
Missouri, Channel 280C3 can be allotted to Malta Bend, Missouri, and
Channel 273A can be allotted to Chillicothe, Missouri, in compliance
with the Commission\'s minimum distance separation requirements at the
requested sites.[^3]

3\. 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 communities listed below, to read as follows:

Channel No.

Community Present Proposed

Moberly, Missouri 247C3, 284C, 247C2, 284C,

288C2 288C2

Malta Bend, Missouri 248C3 280C3

Chillicothe, Missouri 280C3 273A

4\. IT IS FURTHER ORDERED, That the Secretary Shall Send, by Certified
Mail, Return Receipt Requested, a copy of this [Notice of Proposed Rule
Making]{.underline} to the following:

Miles C. Carter Steve C. Mickelson

KNZA, Inc. Daniel D. Leatherman

Station KRLI Station KCHI

102 North Mason P. O. Box 227

Carrollton, Missouri 64633 Chillicothe, Missouri 64601

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 September 5, 2000,
and reply comments on or before September 20, 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:

John R. Wilner

Bryan Cave LLP

700. 13^th^ Street, N. W., Suite 700

Washington, D. C. 20005

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 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.

8\. 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, 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, Washington, D. C.

[^1]: Best has reached an agreement with the licensees of Stations KRLI,
    Malta Bend and KCHI, Chillcothe, with regard to reimbursement and
    support of the proposal. Therefore, we will not issue an Order to
    Show Cause to Stations KRLI and KCHI but will serve them with a copy
    of the [Notice of Proposed Rule Making]{.underline}.

[^2]: Although Station KCHI was modified to specify operation on Channel
    280C3, the Station is currently operating as a Class A facility.
    [See]{.underline} MM Docket No. 93-167, 8 FCC Rcd 7068 (1993). The
    licensee has not constructed a Class C3 station at Chillicothe and
    has consented to the deletion of the Class C3 channel.

[^3]:  ^?^ The coordinates for Channel 247C2 at Moberly, MO are 39-27-41
    and 92-21-03. The coordinates for Channel 280C3 at Malta Bend, Mo
    are 39-21-59 and 93-24-12. The coordinates for Channel 273A at
    Chillicothe, MO are 39-45-56 and 93-33-14.