Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | MM Docket No. 01-37          |
|                                  | * |                              |
| Amendment of Section 73.202(b),  | ) | RM-10065                     |
|                                  | * |                              |
| FM Table of Allotments,          | * |                              |
|                                  |   |                              |
| FM Broadcast Stations.           | * |                              |
|                                  | * |                              |
| (Houston and Anchorage, Alaska)  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**NOTICE OF PROPOSED RULE MAKING**

**AND ORDER TO SHOW CAUSE**

**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.  The Allocations Branch has before it a petition for rule making
    filed by Chester P. Coleman ("petitioner"), licensee of Station
    KADX(FM), Houston, Alaska, requesting the substitution of Channel
    234C1 for Channel 234C2 at Houston, Alaska, and the modification of
    Station KADX's license to reflect the change. To accommodate the
    change at Houston, petitioner also requests the substitution of
    Channel 286C1 for Channel 287C1 at Anchorage, Alaska, and the
    modification of the license of Station KNIK(FM), Anchorage, to
    specify the new channel.

2.  In support of its petition for rulemaking, petitioner states that
    its proposed channel substitution at Anchorage would not only allow
    Station KADX to upgrade facilities, it also would eliminate the IF
    spacing requirement between Stations KADX and KNIK. In addition,
    since it proposes the substitution of Channel 286C1 for 287C1 at
    Anchorage at Station KNIK's existing site, no gains or losses in
    area or population would result from that substitution. It notes,
    however, that the proposal for Station KADX at Houston, while
    involving no change in transmitter site, would involve an upgrade in
    channel and thus a gain in area and population served. In this
    regard, petitioner states that the present Channel 234C2 provides
    60dBu service to 8,558 square kilometers with a population of
    262,117 persons, while the proposed Channel 234C1 would provide 60
    dBu service to 16,417 square kilometers encompassing 264,240
    persons, a net increase of 7,859 square kilometers and 2,123
    persons. Petitioner pledges to reimburse the licensee of Station
    KNIK-FM for the reasonable costs of changing its channel to
    accommodate Station KADX's upgrade.

[Technical Summary]{.underline}

3.  An engineering analysis has determined that Channel 234C1 can be
    allotted at Houston, Alaska, at petitioner's requested site 17.2
    kilometers (10.7 miles) south of the community, if Channel 286C1 is
    substituted for Channel 2887C1 at Anchorage, Alaska.[^1] Channel
    286C1 can be allotted at Anchorage, Alaska, at Station KNIK-FM's
    licensed site 2.8 kilometers (1.8 miles) south of the community.[^2]

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 communities listed below, to read as follows:

[Channel Number]{.underline}

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

Houston, Alaska 221A, 234C2, 241A, 221A, 234C1, 241A,

242A 242A

Anchorage, Alaska 225C, 229C2, 247C1, 251C1, 225C, 229C2, 247C1, 251C1,

255C1, 263C2, 267C2, 271C3, 255C1, 263C2, 267C2, 271C3,

276C1, 281C1, 287C1, 293C1, 276C1, 281C1, 286C1, 293C1,

298C1 298C1

5.  Accordingly, IT IS ORDERED That pursuant to Section 316(a) of the
    Communications Act of 1934, as amended, Ubik Corporation, licensee
    of Station KNIK-FM, Anchorage, Alaska, SHALL SHOW CAUSE why its
    license SHOULD NOT BE MODIFIED to specify operation on Channel 286C1
    as proposed herein instead of the present Channel 287C1.

6.  Pursuant to Section 1.87 of the Commission's Rules, Ubik
    Corporation, may not later than April 2, 2001, file a written
    statement showing with particularity why its individual license
    should not be modified as proposed in the *Order to Show Cause*. The
    Commission may call on Ubik Corporation to furnish additional
    information. If Ubik Corporation raises a substantial and material
    question of fact, a hearing may be required in order to resolve such
    a question pursuant to Section 1.87. Upon review of the statements
    and/or additional information furnished, the Commission may grant
    the modification, deny the modification, or set the matter of
    modification for hearing. If no written station is filed by the date
    referred to above, Ubik Corporation will be deemed to have consented
    to the modification as proposed in the *Order to Show Cause* and a
    final *Order* will be issued by the Commission, if the
    above-mentioned channel modification ultimately is found to be in
    the public interest.

7.  IT IS FURTHER ORDERED That the Secretary SHALL SEND, BY CERTIFIED
    MAIL, RETURN RECEIPT REQUESTED, a copy of this *Notice of Proposed
    Rule Making and Order to Show Cause* to the following:

    Ubik Corporation

    3700 Woodland Drive

    Suite 700

    Anchorage, AK 99517

    (Licensee of Station KNIK-FM)

8.  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.

9.  All 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. Comments should be filed
    with the Secretary, Federal Communications Commission, Washington,
    DC 20554. Additionally, a copy of any filing should be served on the
    petitioner, or its counsel or consultant, as follows:

    David Tillotson

    4606 Charleston Terrace, N.W.

    Washington, DC 20007

    (Counsel to petitioner)

10. 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).

11. For further information concerning a proceeding listed above,
    contact Victoria M. McCauley at (202) 418-2180. 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.

[^1]: The coordinates for Channel 234C1 at Houston, Alaska are 61-29-03
    NL and 149-45-52 WL.

[^2]: The coordinates for Channel 286C1 at Anchorage, Alaska are
    61-11-33 NL and 149-54-01 WL.