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 Federal  Communications  Commission  DA  02-  297 
 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. 
 (Keeseville,  New  York,  Hartford 
 and  White  River  Junction,  Vermont) 


 (Harrodsburg  and  Keene,  Kentucky) 


 (Beverly  Hills  and  Spring  Hill,  Florida) 
 (Bridgeton  and  Elmer,  New  Jersey) 


 )  ) 
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 MM  Docket  No.  02-  23 
 RM-  10359 


 MM  Docket  No.  02-  24 
 RM-  10360 


 MM  Docket  No.  02-  25 
 RM-  10361 


 MM  Docket  No.  02-  26 
 RM-  10362 


 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  January  30,  2002  Released:  February  8,  2002 
 Comment  Date:  April  1,  2002  Reply  Comment  Date:  April  16,  2002 


 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  a  multiple  docket  Notice  of  Proposed  Rule  Making 
 setting  forth  four  separate  proposals  to  amend  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the 
 Rules.  Each  proposal  involves  a  change  of  community  of  license.  Each  petitioner  states  that  it  will  file 
 an  application  for  construction  permit  to  effectuate  the  change  of  community  if  granted.  We  believe  that 
 each  proposal  warrants  consideration  because  it  complies  with  our  technical  requirements  and  would 
 serve  the  public  interest. 


 2.  Each  of  the  petitioners  filed  its  proposal  for  reallotment  in  accordance  with  the  provisions 
 of  Section  1.420(  i)  of  the  Commissions  Rules,  which  permits  the  modification  of  a  stations  license  to 
 specify  a  new  community  of  license  while  not  affording  other  interested  parties  the  opportunity  to  file 
 competing  expressions  of  interest  in  the  proposed  allotment.  1 


 3.  This  is  a  multiple  docket  Notice  of  Proposed  Rule  Making  issued  in  response  to  a 
 Commission  Public  Notice  released  October  2,  1998  (DA  98-  1987).  We  are  combining  separate  FM 
 allotment  proposals  into  a  single  Notice  of  Proposed  Rule  Making.  Each  proposal  has  its  own  docket  and 
 rulemaking  number  and  the  Commissions  Reference  Center  will  maintain  a  separate  file  for  each  docket. 
 As  discussed  in  the  Public  Notice,  this  procedure  will  conserve  Commission  resources  and  expedite  the 
 processing  of  FM  allotment  petitions  by  avoiding  duplicative  actions.  We  request  comments  and/  or 


 1  See  Report  and  Order  in  MM  Docket  No.  88-  526  (  Change  of  Community  R&  O),  4  FCC  Rcd  4870  (1989), 
 recon.  granted  in  part,  5  FCC  Rcd  7094  (1990)  (  Change  of  Community  MO&  O). 
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 counterproposals  for  the  following  proposals: 
 A.  MM  Docket  No.  02-  23;  RM-  10359 
 Petitioners:  Great  Northern  Radio,  LLC  (  Great  Northern)  Family  Broadcasting,  Inc.  (  Family  Broadcasting) 


 c/  o  David  G.  ONeill  Jonathan  E.  Allen 
 Manatt,  Phelps  &  Phillips  1501  M  Street,  N.  W.,  Suite  700 
 Washington,  DC,  20005-  1702 
 Proposal:  Great  Northern,  licensee  of  Station  WSSH(  FM),  White  River  Junction,  Vermont,  and  Family  Broadcasting,  licensee  of  WWOD(  FM),  Hartford,  Vermont,  propose  to  reallot 
 Channel  282C3  from  Hartford,  Vermont  to  Keeseville,  New  York  and  Channel  237A  from  White  River 
 Junction  to  Hartford,  and  modify  the  licenses  of  Stations  WSSH(  FM)  and  WWOD(  FM)  to  reflect  the 
 changes.  Great  Northern  and  Family  Broadcasting  pledge  to  file  the  necessary  applications  to  effectuate 
 the  changes,  if  granted. 
 Channel  Community  Present  Proposed 


 Hartford,  Vermont  282C3  237A 
 White  River  Junction,  Vermont  237A  ---  - 
 Keeseville,  New  York  ----  282C3 


 Coordinates:  Coordinates  for  Channel  237A  at  Hartford  are  43-  43-  45  NL  and  72-  22-  22  WL.  Coordinates 
 for  Channel  282C3  at  Keeseville  are  44-  31-  31  NL  and  73-  31-  07  WL. 


 Additional  Information:  Great  Northern  and  Family  Broadcasting  note  that  their  proposal  will  serve  the  public  interest  because  it  would  provide  Keeseville,  New  York  with  its  first  local 
 aural  transmission  service  and  will  not  deprive  either  Hartford  or  White  River  Junction  of  local  aural 
 transmission  service.  2  In  addition,  it  will  allow  Station  WSSH(  FM)  to  upgrade  from  3.0  kW  at  100 
 meters  to  a  full  6.0  kW  at  100  meters.  They  allege  that  Keeseville  has  sufficient  indicia  of  community 
 status  to  qualify  as  a  community  for  allotment  purposes  and  note  that  while  it  is  outside  of  the  Burlington, 
 Vermont  Urbanized  Area,  its  70  dBu  signal  would  cover  over  50%  of  that  Urbanized  Area.  3  These 
 petitioners  provide  an  analysis  using  the  factors  delineated  in  Faye  and  Richard  Tuck  (  Tuck),  4  which 
 they  allege  shows  that  Keeseville  is  an  independent  community  for  allotment  purposes.  This  showing 
 does  not  analyze  enough  of  the  factors  to  make  a  finding  of  independence.  However,  our  initial  analysis 
 of  the  petition  shows  that  the  70  dBu  contour  would  cover  approximately  25%  of  the  Burlington 
 Urbanized  Area,  and  thus  a  Tuck  analysis  would  not  be  necessary.  We  seek  comment  on  the  community 
 status  of  Keeseville,  adding  more  detail  than  was  submitted  with  the  petition.  In  addition,  we  seek 


 2  White  River  Junction  is  also  served  by  WNHV(  AM). 
 3  In  support  of  this,  they  state  that  Keeseville  is  recognized  by  the  U.  S.  Census  Bureau,  and  is  13  miles  away  from 
 Burlington,  Vermont,  separated  from  the  city  by  Lake  Champlain.  It  has  a  1990  U.  S.  Census  population  of  1,  854 
 persons,  an  elected  government,  a  town  hall,  town  clerk,  town  justice  (Factor  4)  and  a  transportation  department, 
 sewage  treatment  plant  and  forest  ranger,  as  well  as  schools  and  a  fire  station.  (Factor  8).  It  has  its  own  local  post 
 office  and  separate  set  of  zip  codes.  (Factor  5).  It  has  many  businesses  and  health  facilities.  (Factor  6).  In  addition 
 to  stating  that  the  Keeseville  allotment  will  cover  over  50%  of  the  Burlington  Urbanized  Area  petitioners  also 
 address  the  relative  size  and  population  of  Keeseville  vis  j  vis  Burlington,  which  is  2.  1%,  and  state  that  this  should  establish  its  independence  of  the  Urbanized  Area,  as  well. 


 4  3  FCC  Rcd  5375  (1988). 
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 comment  on  the  relative  gains  and  losses  from  this  proposal,  addressing  the  number  of  reception  services 
 in  the  loss  area  and  whether  any  areas  will  be  underserved. 


 Channel  237A  can  be  allotted  at  Hartford  at  a  site  8.1kilometers  (5.  0  miles)  north  of  the 
 community.  Channel  282C3  can  be  allotted  at  Keeseville  at  a  site  3.8  kilometers  (2.  3  miles)  northwest  of 
 the  community.  These  proposals  are  within  320  kilometers  of  the  Canadian  border.  Therefore,  Canadian 
 concurrence  has  been  requested. 


 FCC  Contact:  Victoria  McCauley  (202)  418-  2180. 


 B.  MM  Docket  No.  02-  24;  RM-  10360 
 Petitioner:  Mortenson  Broadcasting  Company  of  Central  Kentucky,  LLC  (  Mortenson) 
 c/  o  Jerrold  Miller  Miller  &  Miller,  P.  C. 
 P.  O.  Box  33003  Washington,  DC  20033 


 Proposal:  Mortenson,  licensee  of  Station  WJMM-  FM,  Harrodsburg,  Kentucky,  proposes  to  substitute  Channel  257A  for  Channel  257C3  at  Harrodsburg,  and  reallot  Channel  257A  from 
 Harrodsburg,  to  Keene,  Kentucky,  as  the  communitys  first  local  transmission  service,  and  modify  the 
 license  of  Station  WJMM-  FM  to  reflect  the  changes.  Mortenson  pledges  to  file  an  application  to 
 effectuate  the  changes,  if  granted. 


 Channel  Community  Present  Proposed 


 Harrodsburg,  Kentucky  257C3  --  -Keene, 
 Kentucky  ---  257A 


 Coordinates:  Coordinates  for  Channel  257A  at  Keene  are  37-  56-  36  NL  and  84-  38-  31  WL. 
 Additional  Information:  Mortenson  states  that  its  proposal  will  serve  the  public  interest.  The  community  of  Harrodsburg  will  continue  to  be  served  by  Station  WHBN(  AM),  and  Keene  will 
 receive  its  first  local  transmission  service,  which  will  fulfill  FM  Allotment  Priority  number  3.  In  addition, 
 it  states  that  Keene  has  sufficient  indicia  of  a  community  to  qualify  as  a  community  for  allotment 
 purposes,  despite  its  small  size,  200  persons.  In  support,  it  states  that  it  was  founded  in  1794  under  the 
 name  of  Liberty,  Kentucky,  and  the  name  was  changes  to  Keene  in  1848.  It  was  a  thriving  community  in 
 the  19  th  century  because  of  its  sulfur  springs,  but  its  popularity  waned  after  the  Civil  War.  It  has  a  post 
 office  and  its  own  zip  code,  and  numerous  residents  signed  a  petition  attesting  to  their  belief  that  they  are 
 residents  of  that  town.  It  has  a  road  designating  its  entrance,  and  there  are  businesses  within  its  borders. 
 We  seek  comment  on  the  issue  of  the  community  status  of  Keene. 


 In  addition,  we  seek  comment  on  the  public  interest  benefits  of  the  downgrade  and  change  of 
 community  in  this  proposal.  Harrodsburg  is  a  community  of  7,335  persons,  according  to  the  1990  U.  S. 
 Census.  Keene  is  not  a  city,  town  or  Census  Designated  Place  (  CDP).  In  the  Census,  Keene  is  listed  as 
 a  Division  of  Jessamine  County,  Kentucky,  with  a  population  of  3,226  persons.  Rand  McNally  lists 
 Keene  as  a  place  in  its  Commercial  Atlas  and  Marketing  Guide  with  a  population  of  300  persons.  Our 
 engineering  analysis  shows  that  from  the  site  proposed  in  the  petition,  Harrodsburg  will  no  longer  receive 
 the  signal  of  Station  WJMM-  FM.  In  addition,  the  proposal,  while  a  reduction  in  power,  will  provide  a 
 city-  grade  signal  to  a  larger  proportion  of  the  Lexington-  Fayette,  Kentucky  Urbanized  area,  albeit  less 
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 than  50%.  Finally,  we  note  that  while  there  are  no  white  or  gray  areas  in  the  change  of  community 
 proposal,  and  all  areas  are  well  served,  the  number  of  people  in  the  loss  area,  89,  601  persons,  is  12  times 
 as  large  as  the  number  of  persons  in  the  gain  area,  7,  934  persons. 


 Channel  257A  can  be  allotted  at  Keene,  Kentucky  without  a  site  restriction. 
 FCC  Contact:  Victoria  McCauley  (202)  418-  2180. 


 C.  MM  Docket  No.  02-  25;  RM-  10361 
 Petitioner:  WGUL-  FM,  Inc.  (  WGUL-  FM)  c/  o  James  A.  Koerner 
 Koerner  &  Olender,  P.  C.  Suite  124 
 North  Bethesda,  MD  20852 
 Proposal:  WGUL-  FM,  licensee  of  Station  WGUL-  FM,  Beverly  Hills,  Florida,  proposes  to  reallot  Channel  292C3  from  Beverly  Hills,  Florida,  to  Spring  Hill,  Florida,  as  its  first  local 
 transmission  service,  and  modify  Station  WGUL-  FMs  license  to  reflect  the  changes. 
 Channel  Community  Present  Proposed 


 Beverly  Hills,  Florida  292C3  --  -Spring 
 Hill,  Florida  ---  292C3 


 Coordinates:  Coordinates  for  Channel  292C3  at  Spring  Hill,  Florida  are  28-  36-  00  NL  and  82-  33-  45  WL. 
 Additional  Information:  In  support  of  its  proposal,  WGUL-  FM  states  that  the  proposal  will  result  in  a  preferential  arrangement  of  allotments  because  it  will  provide  a  first  local  transmission  service 
 to  Spring  Hill,  a  community  with  a  1990  Census  population  of  31,117  persons,  (2000  Census  population 
 of  69,078  persons).  In  addition,  it  notes  that  the  proposal  will  not  deprive  Beverly  Hills,  1990  population 
 6,163  persons  (2000  Census  population,  8,317  persons)  of  its  only  local  service  because  daytime  Station 
 WINV(  AM)  has  been  granted  authorization  to  change  its  community  to  Beverly  Hills  pursuant  to  a 
 construction  permit,  File  No.  BMJP-  20010320AB,  granted  on  July  2,  2001.  5  WGUL-  FM  notes  that  it  is 
 the  licensee  of  both  stations  and  is  committed  to  completing  the  construction  of  Station  WINV-  AM  at 
 Beverly  Hills  and  will  be  filing  its  license  application  shortly.  We  seek  comment  on  whether  this  would 
 result  in  a  preferential  arrangement  of  allotments. 


 WGUL-  FM  states  that  Spring  Hill  is  a  community  within  the  Commissions  definition  for 
 allotment  purposes.  Although  it  is  not  incorporated,  it  is  a  census  designated  Urbanized  Area  in  a 
 growing  area.  Since  its  proposal  covers  no  other  Urbanized  Area,  it  states  that  no  Tuck  analysis  is 
 required.  As  further  support  of  its  community  status,  WGUL-  FM  states  that  Spring  Hill  has  numerous 
 churches,  businesses  and  restaurants,  many  of  which  contain  the  name  Spring  Hill  in  their  names.  We 
 seek  comment  on  additional  indicia  of  community  which  shows  that  Spring  Hill  is  a  community  for 
 allotment  purposes. 


 5  We  note  that  amendments  to  Station  WINV(  AM)  s  construction  permit  have  been  filed  but  not  granted  and  that 
 there  is  no  license  to  cover  that  construction  permit  on  file. 
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 With  respect  to  the  public  service  benefits  with  respect  to  gain/  loss  of  service,  using  2000  census 
 population  figures,  WGUL-  FM  states  that  there  would  be  54,278  persons  in  the  loss  area,  all  of  whom 
 would  continue  to  be  well  served,  with  at  least  five  reception  services.  There  would  be  83,  037  persons  in 
 the  gain  area,  which  nets  28,759  persons  who  would  gain  service.  Neither  area  includes  any  white  or  gray 
 area.  There  would  be  a  net  loss  of  962  square  kilometers  in  land  area.  Our  engineering  analysis 
 substantiates  this  for  the  most  part.  We  seek  comment  on  the  public  interest  benefits  of  this  reallotment. 


 Channel  292C3  can  be  allotted  at  Spring  Hill  at  a  site  12.0  kilometers  (7.  5  miles)  northwest  of  the 
 community. 


 FCC  Contact:  Victoria  McCauley  (202)  418-  2180. 


 D.  MM  Docket  No.  02-  26;  RM-  10362 
 Petitioner:  Cohanzick  Broadcasting  Corp.  (  Cohanzick)  c/  o  Marnie  Sarver 
 Wiley  Rein  &  Fielding,  LLP  1776  K  Street,  N.  W. 
 Washington,  DC  20006 
 Proposal:  Cohanzick,  licensee  of  Station  WSNJ-  FM,  Bridgeton,  New  Jersey,  proposes  to  reallot  Channel  299B  from  Bridgeton  to  Elmer,  New  Jersey,  as  that  communitys  first  local  transmission 
 service.  Cohanzick  pledges  to  file  an  application  to  effectuate  the  change  of  community,  if  granted. 


 Channel  Community  Present  Proposed 
 Bridgeton,  New  Jersey  299B  --  -Elmer, 
 New  Jersey  ---  299B 


 Coordinates:  Coordinates  for  Channel  299B  at  Elmer  are  39-  27-  32  NL  and  75-  12-  12  WL. 
 Additional  Information:  In  support  of  its  petition,  Cohanzick  states  that  this  proposal  will  serve  the  public  interest  as  a  preferential  arrangement  of  allotments  because  it  will  provide  a  first  local 
 transmission  service  to  Elmer,  population  with  a  1990  population  of  1,  571  persons,  and  will  leave  behind 
 an  AM  and  a  NCE  FM  station  at  Bridgeton,  1990  population  18,942  persons.  Cohanzick  points  out  there 
 are  preexisting  short  spacings  between  Station  WSNJ-  FM  and  four  other  stations.  It  argues  that  since 
 these  are  grandfathered  under  Section  73.213  of  the  Commissions  Rules,  and  it  proposes  no  change  of 
 transmitter  site,  they  should  not  be  a  bar  to  its  change  of  community  proposal.  We  seek  comment  on  this 
 issue. 


 Cohanzick  argues  that  Elmer  is  a  community  for  allotment  purposes.  It  states  that  it  has  its  own 
 zip  code  and  post  office,  and  has  a  mayor  and  borough  council.  It  has  its  own  police  and  fire  departments 
 and  has  ambulance  service.  It  has  its  own  newspaper,  library  and  schools.  It  has  numerous  retail 
 establishments  and  churches.  It  has  health  facilities,  including  a  hospital.  It  has  cultural  events  at  the 
 Appel  Farm  Arts  and  Music  Center,  and  has  recreational  facilities,  including  Yogi  Bears  Jellystone  Park. 


 Cohanzick  states  that  the  70  dBu  contour  does  not  reach  any  Urbanized  Area.  However,  our 
 engineering  analysis  shows  that  it  covers  3%  of  the  Philadelphia  Urbanized  Area,  1.2%  of  the 
 Wilmington,  Delaware  Urbanized  Area,  and  100%  of  the  Vineland-  Millville,  New  Jersey  Urbanized 
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 Area.  Petitioner  is  requested  to  address  this  discrepancy  in  its  comments,  and  the  impact  on  its  proposal, 
 using  the  factors  delineated  in  Tuck. 


 Channel  299B  can  be  allotted  at  Elmer,  New  Jersey  at  Cohanzicks  current  transmitter  site  15.4 
 kilometers  (9.  6  miles)  south  of  the  community. 


 FCC  Contact:  Victoria  McCauley  (202)  418-  2180. 
 4.  Comments,  reply  comments,  counterproposals  and  other  pleadings  filed  in  response  to 
 this  multiple  docket  Notice  of  Proposed  Rule  Making  should  reference  only  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. 


 5.  Interested  parties  may  file  comments  on  or  before  April  1,  2002,  and  reply  comments  on 
 or  before  April  16,  2002,  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. 


 6.  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). 


 7.  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  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  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  a  summary  of  any  new  oral  information  shall  be  served  by  the  person 
 making  the  presentation  upon  the  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  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 
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 Federal  Communications  Commission  DA  02-  297 
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 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  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  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.  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.  The 
 person  filing  the  comments  shall  serve  comments  on  the  petitioner.  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  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.  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.  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. 
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