> **Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Saint Joseph, Louisiana) ) MM Docket No. 01-19

) RM-10048

)

(Reliance, Wyoming) ) MM Docket No. 01-20 ) RM-10049 )

(Genoa, Colorado) ) MM Docket No. 01-21

) RM-10050

)

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

**Adopted: January 17, 2001** **Released: January 26, 2001**

**Comment Date: March 19, 2001**

**Reply Comment Date: April 3, 20001**

By the Chief, Allocations Branch:

1\. Before the Commission for consideration is a multiple docket [Notice
of Proposed Rule Making]{.underline} setting forth separate proposals to
amend the FM Table of Allotments, Section 73.202(b) of the Rules. Each
petitioner has stated that it will apply for its requested channel, if
allotted. 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]{.underline} issued in response to a Commission [Public
Notice]{.underline} released October 2, 1998 (DA 98-1987). We are
combining separate FM allotment proposals into a single [Notice of
Proposed Rule Making]{.underline}. 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]{.underline}, 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:

**A. [MM Docket No. 01-19; RM-10048]{.underline}**

**Petitioner:** Saint Joseph Broadcasting Company

c/o Ann Bavender

Fletcher, Heald & Hildreth, P.L.C.

1300 N. 17^th^ Street, 11^th^ Floor

Arlington, Virginia 22209

.

**Proposal:** Allot Channel 257C3 at Saint Joseph, Louisiana, as the
community's first local aural transmission service.[^1] To accommodate
the allotment, substitute Channel 266A for vacant Channel 257A at
Clayton, Louisiana.

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

Saint Joseph, Louisiana \-\-\-- 257C3

Clayton, Louisiana 257A 266A

**Coordinates:** 32-51-44 NL and 91-11-41 WL (Saint Joseph, LA)

31-44-48 NL and 91-31-16 WL (Clayton, LA)

**Additional Information:** The allotment of Channel 257C3 at Saint
Joseph, Louisiana, requires a site restriction of 7.6 kilometers (4.7
miles) southeast to avoid a short-spacing to the licensed site of
Station WJMI(FM),Channel 259C, Jackson, Mississippi. To accommodate the
allotment, the substitution of Channel 266A at Clayton, Louisiana,
requires a site restriction of 3.4 kilometers (2.1 miles) northeast to
avoid short-spacings to the licensed sites of Station KBON(FM), Channel
266C3, Mamou, Louisiana, and Station WBBV(FM), Channel 267C3, Vicksburg,
Mississippi.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**B. [MM Docket No. 01-20; RM-10049]{.underline}**

**Petitioner:** Reliance Broadcasting

##  c/o A. Wray Fitch, III

##  Gammon & Granage, P.C.

##  8280 Greensboro Drive, 7^th^ Floor

##  McLean, Virginia 22102-3807 

##  

**Proposal:** Allot Channel 288C3 at Reliance, Wyoming, as the
community's first local aural transmission service.[^2]

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

Reliance, Wyoming \-\-- 288C3

**Coordinates:** 41-39-44 NL and 109-06-50 WL

**Additional Information:** This allotment requires a site restriction
of 6.9 kilometers (4.3 miles) east to avoid a short-spacing to the
licensed site of Station KDWY(FM), Channel 287C2, Diamondville, Wyoming.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**C. [MM Docket No. 01-21; RM-10050]{.underline}**

**Petitioner:** Genoa Broadcasting

##  c/o A. Wray Fitch, III 

Gammon & Grange, P.C.

8280 Greensboro Drive, 7^th^ Floor

##  McLean, Virginia 22102-3807

**Proposal:** Allot Channel 288C3 at Genoa, Colorado, as the community's
first local aural transmission service.[^3]

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

Genoa, Colorado \-\-- 288C3

**Coordinates:** 39-23-06 NL and 103-17-38 WL

**Additional Information:** This allotment requires a site restriction
of 21.3 kilometers (13.3 miles) northeast to avoid a short-spacing to
the licensed site of Station KVAY(FM), Channel 289C1, Lamar, Colorado.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

3\. Comments, reply comments, counterproposals and other pleadings filed
in response to this multiple docket [Notice of Proposed Rule
Making]{.underline} 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 **March 19**,
**2001**, and reply comments on or before **April 3**, **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]{.underline} [Certification that Section 603
and 604 of the Regulatory]{.underline}

[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).

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]{.underline} [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 in the applicable docket is no longer subject to
reconsideration by the Commission or review by any court. An
[ex]{.underline} [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 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]{.underline} [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]{.underline} [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

[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 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 Reference Center
(Room 239) at its headquarters, 1919 M Street, N.W., Washington, D.C.

[^1]: In support of its proposal, petitioner states that Saint Joseph is
    an incorporated town located in Tensas Parish, and has a 1990 U.S.
    Census population of 1,517 persons.

[^2]: Section 307(b) of the Communications Act of 1934, as amended,
    mandates that the Commission fairly, equitably, and efficiently
    distribute frequencies \" . . . among the several States and
    communities.\" The Commission has defined \"communities\" as
    geographically identifiable population groupings. Generally, if a
    community is incorporated or is listed in the U.S. Census, that is
    sufficient to demonstrate its status. Reliance is not listed in the
    1990 U.S. Census. Therefore, the petitioner should present the
    Commission with sufficient information to demonstrate that Reliance
    is incorporated, or that it has social, economic, cultural, or
    governmental indicia to qualify it as a \"community\" for allotment
    purposes. See, [e.g.]{.underline}, [Beaver Springs]{.underline},
    [Pennsylvania]{.underline}, 4 FCC Rcd 5373 (1989), [Sargent,
    Nebraska]{.underline}, 4 FCC Rcd 3933 (1989), [Bartow, Georgia, et
    al.]{.underline}, 4 FCC Rcd 6876 (1989), [East Hemet, California, et
    al.]{.underline}, 4 FCC Rcd 7895 (1989), and [Ellwood,
    California]{.underline}, 50 Fed. Reg. 13031, published April 2,
    1985.

    We note that Reliance is listed in the [2000 Rand McNally Commercial
    Atlas]{.underline} and attributed with a population of 500 persons.
    However, mere geographical location is not sufficient to establish
    \"community\" status. [See]{.underline}, [Vimville,
    Mississippi]{.underline}, 48 FR 5974 (1983).

[^3]: In support of its proposal, petitioner states that Genoa is an
    incorporated community located in Lincoln County, and has a 1990
    U.S. Census population of 167 persons.