**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-150

Table of Allotments, ) RM-9944

FM Broadcast Stations. )

(Lewistown, Montana) )

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: August 16, 2000 Released: August 25, 2000**

**Comment Date: October 16, 2000**

**Reply Date: October 31, 2000**

By the Chief, Allocations Branch

1\. Before the Commission for consideration is a petition for rule
making filed by Lewistown Radio ("Petitioner") proposing the allotment
of Channel 300C1 at Lewistown, Montana, as that community\'s second FM
broadcast service. Petitioner indicated that it would file an
application for Channel 300C1 at Lewistown if the channel is allotted to
the community.

2\. We believe Petitioner\'s proposal warrants consideration. A staff
analysis has determined that Channel 300C1 can be allotted to Lewistown,
Montana, in compliance with the minimum distance separation requirements
of the Commission\'s Rules without a site restriction.[^1] Since
Lewistown is located within 320 kilometers (200 miles) of the
U.S.-Canadian border, concurrence of the Canadian government will be
requested for this allotment.

3\. In view of the fact that the proposed allotment would provide
Lewistown with additional FM broadcast service, the Commission believes
it would serve the public interest to solicit comments on the proposal
to allot Channel 300C1 to Lewistown, Montana. Therefore, we will seek
comments on the proposed amendment to the FM Table of Allotments,
Section 73.202(b) of the Commission\'s Rules, with respect to Lewistown,
as follows:

Channel No.

Community Present Proposed

Lewistown, Montana 240A 240A, 300C1

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 by paragraph 2 of the Appendix before a channel will be
allotted.

5\. Interested parties may file comments on or before October 16, 2000,
and reply comments on or before October 31, 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, as follows:

James S. Bumpous, Partner

Lewistown Radio

13915 Lakeview Drive

Austin, Texas 78732

6\. 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.

7\. 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, 445 12^th^ Street, S.W., Washington, D. C.

[^1]:     ^?^ The coordinates for Channel 300C1 at Lewistown are
    47-03-45 and 109-25-39.