********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from
the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.

*****************************************************************
                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

                                )
In the Matter of                )
                                )
Amendment of Section 73.202(b),  ) MM Docket No. 98-208  
Table of Allotments,            )  RM-9396
FM Broadcast Stations.          )
(Princeton and Elk River, Minnesota))
                                 

                 NOTICE OF PROPOSED RULE MAKING


 Adopted: November 18, 1998             Released: November 27, 1998    

Comment Date: January 19, 1999
Reply Date:  February 3, 1999

By the Chief, Allocations Branch

1.   Before the Commission for consideration is a petition for rule making filed by Milestone
Radio, LLC ("Milestone"),  proposing the reallotment of Channel 291C2 from Princeton, Minnesota,
to Elk River, Minnesota.  Milestone also requests modification of its license for Station KLCI,
Princeton, to be modified to specify operation at Elk River. Milestone indicated that it would file an
application for Channel 291C2 at Elk River if the channel is allotted to the community.

2.   Milestone filed its request pursuant to Section 1.420(i) of the Commission's Rules which
permits the modification of a station's authorization to specify a new community of license without
affording other interested parties an opportunity to file competing expressions of interest.  See
Modification of FM and TV Authorizations to Specify a New Community of License ("Change of
Community R&O") 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of Community
MO&O"), 5 FCC Rcd 7094 (1990).   In support of its proposal, Milestone states that Channel 291C2
may be allotted to Elk River consistent with the Commission's separation requirements and would
provide full principal community service over the proposed community of license.  Further, the
proposed reallotment will bring a first local service to Elk River, triggering allotment priority
number three, while retention of the channel in Princeton triggers priority number four because
Station WQPM(AM) is licensed to Princeton.  Although Milestone believes the reallotment should
be allowed because of the higher allotment priority, Milestone also points out that Elk River with
a population of 11,143 people is considerably larger than Princeton with a population of 3,719. 
Milestone further states that the reallotment will not remove service from a rural area to serve an
urban area and because its transmitter location and power will remain unchanged, there will be no
decline in service area or number of listeners reached.  Milestone also states that the present KLCI
city grade contour encompasses small portions of both the Minneapolis-St. Paul Urbanized Area and
the St. Cloud Urbanized Area, and that the proposed reallotment will not increase coverage to either
of these areas.  Therefore, Milestone believes it should not be required to document the
independence of Elk River from either of these urbanized areas. 

3.   We believe Milestone's proposal warrants consideration since the reallotment of Channel
291C2 from Princeton to Elk River could provide the community of Elk River with its first local
aural transmission service under our allotment priorities.  In addition, the proposed reallotment and
change of community of license to Elk River would not result in a loss of local service to Princeton
since Station WQPM(AM) is licensed to Princeton.  A staff engineering analysis has determined that
Channel 291C2 can be allotted to Elk River in compliance with the Commission's minimum distance
separation requirements at Milestone's specified site.   We note that Station KLCI's current
transmitter site at Elk River is authorized under Section 73.215 of the Rules and in authorizing the
use of contour protection methods at the application stage, the Commission specifically stated that
it did not contemplate the use of directional antennas to create short-spaced allotments at the rule
making stage.  See Report and Order, MM docket No. 87-121, 4 FCC Rcd 1681 (1989).  Milestone
has, however, specified an alternate site which meets the Commission's spacing requirements for the
allotment of Channel 291C2 at Elk River and is the site which we are proposing for the requested
change of community.  See Chester and Wedgefiled, SC, 4 FCC Rcd 4503 (1990) and 5 FCC Rcd
5572 (1990).  Since this is a change in transmitter site, Milestone will be expected to provide a gain
and loss study.   As requested, we shall also propose to modify the license for Station KLCI to
specify operation on Channel 291C2 at Elk River, Minnesota, as its new community of license.  In
accordance with the provisions of Section 1.420(i) of the Commission's Rules, we shall not accept
competing expressions of interest in the use of Channel 291C2 at Elk River or require Milestone to
demonstrate the availability of an additional equivalent class channel for use by such parties.    
4.   In view of the fact that the proposed allotment would provide a first local service to Elk
River, the Commission believes it would serve the public interest to solicit comments on the
proposal to allot Channel 291C2 to Elk River.  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 Elk River and Princeton, as follows: 
                         
                                        


                                        Channel No.
     Community                     Present        Proposed

     Elk River, Minnesota                --------         291C2

     Princeton, Minnesota                    291C2                  --------

5.   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.

6.   Interested parties may file comments on or before January 19, 1999, and reply comments
on or before February 3, 1999, 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's counsel,
as follows:

                    Anne Thomas Paxson
                    Guy N. Benson                      
                    Borsari & Paxson
                    2033 M Street, N.W., Suite 630
                    Washington, D. C.  20036

7.   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, 46 FR 11549, February 9, 1981.

8.   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 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 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 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 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 Procedures.  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 proposal(s) 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.  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
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 Pubic Reference
Room at its headquarters, 1919 M Street, N.W., Washington, D. C.