**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 07-175         |
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| Amendment of Section 73.202(b)   | ** | RM-11380                     |
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| Table of Allotments,             | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| (Cuba, Illinois)                 | *  |                              |
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**NOTICE OF PROPOSED RULE MAKING**

**Adopted: August 22, 2007 Released: August 24, 2007**

**Comment Date: October 15, 2007**

**Reply Comment Date: October 30, 2007**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it a Petition for Rule Making filed by
KM Communications, Inc. ("Petitioner"), the winning bidder in Auction
No. 70 for Channel 252A at Abingdon, Illinois, proposing: (1) to
substitute Channel 252A for vacant Channel 292A at Cuba, Illinois and
(2) to change the reference coordinates for vacant Channel 253A at
Augusta, Illinois.[^1] Petitioner proposes the channel substitution to
accommodate its construction permit application to substitute Channel
291A for Channel 252A at Abingdon. [^2]

2\. We believe that the proposal warrants consideration because the
channel substitution at Cuba would accommodate improved facilities for a
first local service at Abingdon under Priority 3.[^3] Petitioner does
not propose a change in coordinates at Cuba. A staff engineering
analysis indicates that Channel 252A can be allotted at Cuba consistent
with the minimum distance separation requirements of the Commission's
rules at the current reference coordinates of 40-25-50 NL and 90-14-05
WL which is 7.9 km (4.9 miles) southwest of the community.

3\. Accordingly, we seek comment on the proposed amendment of the FM
Table of Allotments, Section 73.202(b),[^4] as follows:

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

Cuba, Illinois 292A 252A

4\. 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.

5\. Pursuant to Sections 1.415 and 1.419,[^5] interested parties may
file comments on or before October 15, 2007 and reply comments on or
before October 30, 2007, and are advised to read the Appendix for the
proper procedures. Comments should be filed with the Federal
Communications Commission, Office of the Secretary, 445 Twelfth Street,
SW, TW-A325, Washington, D.C. 20554. Additionally, a copy of such
comments should be served on Petitioner's counsel, as follows:

KM Communications, Inc.

c/o Jeffrey L. Timmons, Esquire

1400 Buford Highway, Suite G-5

Sugar Hill, Georgia 30518-8727

6\. Parties must file an original and four copies of each filing.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission's contractor, Natek, Inc., will receive
hand-delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C.
20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
hand deliveries must be held together with rubber bands or fasteners.
Any envelopes must be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail
or Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail,
and Priority Mail should be addressed to 445 12^th^ Street, SW,
Washington, D.C. 20554. **All filings must be addressed to Marlene H.
Dortch, Secretary, Federal Communications Commission, Office of the
Secretary. Any filing that is not addressed to the Office of the
Secretary will be treated as filed on the day it is received in the
Office of the Secretary. *See* 47 C.F.R. Section 1.7. Accordingly,
failure to follow the specified requirements may result in the treatment
of a filing as untimely.**

7\. 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).[^6]
This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
information collection burden "for small business concerns with fewer
than 25 employees," pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, *see* Section 3506(c)(4).[^7]

8\. For further information concerning a proceeding listed above,
contact Helen McLean, Media Bureau (202) 418-2738. 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 a 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

Assistant Chief

Audio Division

Media Bureau

Attachment: Appendix

**APPENDIX**

1\. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(1),
303(g) and (r), and 307(b), and 47 C.F.R. Sections 0.61, 0.204(b) and
0.283, IT IS PROPOSED TO AMEND the FM Table of Allotments, 47 C.F.R.
Section 73.202(b), as set forth in the *Notice of Proposed Rule Making*
to which this *Appendix* is attached.

2\. Showings Required. 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. 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* 47 C.F.R. Section 1.420(d).)
>
> \(b\) Petitions for rule making which conflict with the proposals in
> this *Notice* 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. Pursuant to applicable
procedures set out in 47 C.F.R. Sections 1.415 and 1.420, 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. The person filing the comments
shall serve comments on the petitioners. Reply comments shall be served
on the person(s) who filed comments to which the reply is directed. A
certificate of service shall accompany such comments and reply comments
(*see* 47 C.F.R. Section 1.420(a), (b) and (c).) Comments should be
filed with the Secretary, Federal Communications Commission, Washington,
D.C. 20554.

5\. Number of Copies. In accordance with the provisions of 47 C.F.R.
Section 1.420, 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. 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]: As reflected in the Media Bureau's Consolidated Data Base System,
    the coordinates for vacant Channel 253A at Augusta have been changed
    to 40-08-34 NL and 91-02-51 WL which is 12.8 km (7.9 miles)
    southwest of the community.

[^2]: *See* File No. BNPH-20070502AAU. We will consider the application
    separately.

[^3]: The FM allotment priorities are: (1) first full-time aural
    service; (2) second full-time aural service; (3) first local
    service; and (4) other public interest matters. Co-equal weight is
    given to Priorities (2) and (3). *See Revision of FM Assignment
    Policies and Procedures,* Second Report and Order, 90 FCC 2d 88
    (1988).

[^4]: 47 C.F.R. § 73.202(b).

[^5]: 47 C.F.R. §§ 1.415 and 1.419.

[^6]: *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 (Feb. 9, 1981).

[^7]: 44 U.S.C. § 3506(c)(4).