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 Federal  Communications  Commission  DA  00-  1555 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 )  In  the  Matter  of  ) 

 )  Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  129 
 Table  of  Allotments,  )  RM-  9909  FM  Broadcast  Stations.  ) 
 (Moberly,  Malta  Bend  and  )  Chillicothe,  Missouri)  ) 

 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  July  5,  2000  Released:  July  14,  2000 
 Comment  Date:  September  5,  2000  Reply  Date:  September  20,  2000 

 By  the  Chief,  Allocations  Branch 
 1.  Before  the  Commission  for  consideration  is  a  Petition  for  Rule  Making  filed  on  behalf  of  Best  Broadcasting,  Inc.  (  Best),  licensee  of  Station  KCSX,  Moberly,  Missouri.  Best  requests  the 
 substitution  of  Channel  247C2  for  Channel  247C3  at  Moberly,  Missouri,  substitution  of  Channel  280C3  for  Channel  248C3  at  Malta  Bend,  Missouri,  and  the  substitution  of  Channel  273A  for 
 Channel  280C3  at  Chillicothe,  Missouri.  1  Best  stated  it  will  apply  for  and  construct  the  station  at  Moberly  if  substitutions  are  made  at  Malta  Bend  and  Chillicothe. 

 2.  We  believe  the  public  interest  would  be  served  by  proposing  the  substitution  of  Channel  247C2  for  Channel  247C3  at  Moberly,  Missouri,  with  a  modification  of  the  license  for  Station 
 KCSX  to  specify  operation  on  Channel  247C2.  In  support  of  the  requested  upgrade,  Best  has  stated  that  the  substitution  will  result  in  a  net  gain  in  service  to  approximately  21,441  people  in  an  area  of 
 1,470  square  kilometers.  To  accommodate  the  substitution  at  Moberly,  we  shall  also  propose  the  substitution  of  Channel  280C3  for  Channel  248C3  at  Malta  Bend,  Missouri,  and  modification  of  the 
 license  for  Station  KRLI  and  substitution  of  Channel  273A  for  Channel  280C3  at  Chillicothe,  Missouri,  and  modification  of  the  license  for  Station  KCHI.  Best  has  provided  a  reimbursement 
 agreement  with  Miles  J.  Carter,  licensee  of  Station  KRLI,  Malta  Bend,  consenting  to  the  proposed  substitution.  The  licensee  of  Station  KCHI,  Chillicothe,  has  provided  a  statement  consenting  to  the 
 reclassification  of  the  channel  to  specify  operation  as  a  Class  A  station  and  to  the  proposed 

 1  Best  has  reached  an  agreement  with  the  licensees  of  Stations  KRLI,  Malta  Bend  and  KCHI,  Chillcothe,  with 
 regard  to  reimbursement  and  support  of  the  proposal.  Therefore,  we  will  not  issue  an  Order  to  Show  Cause  to  Stations  KRLI  and  KCHI  but  will  serve  them  with  a  copy  of  the  Notice  of  Proposed  Rule  Making. 
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 transmitter  site  relocation.  2  Best  has  stated  that  a  reimbursement  agreement  has  been  reached  with  the  licensee  for  Station  KCHI  for  the  reasonable  costs  of  changing  channels  and  relocating  the 
 stations  transmitter  site  should  the  Commission  order  the  changes.  We  will  shall  also  propose  to  modify  Station  KCSXs  license  to  specify  operation  on  the  higher  powered  channel.  In  accordance 
 with  Section  1.420(  g)(  3),  we  will  not  accept  competing  expressions  of  interest  in  the  use  of  Channel  247C2  at  Moberly.  A  staff  engineering  analysis  indicates  that  Channel  247C2  can  be  allotted  to 
 Moberly,  Missouri,  Channel  280C3  can  be  allotted  to  Malta  Bend,  Missouri,  and  Channel  273A  can  be  allotted  to  Chillicothe,  Missouri,  in  compliance  with  the  Commission's  minimum  distance 
 separation  requirements  at  the  requested  sites.  3 
 3.  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  No.  Community  Present  Proposed 

 Moberly,  Missouri  247C3,  284C,  247C2,  284C,  288C2  288C2 
 Malta  Bend,  Missouri  248C3  280C3 
 Chillicothe,  Missouri  280C3  273A 

 4.  IT  IS  FURTHER  ORDERED,  That  the  Secretary  Shall  Send,  by  Certified  Mail,  Return  Receipt  Requested,  a  copy  of  this  Notice  of  Proposed  Rule  Making  to  the  following: 
 Miles  C.  Carter  Steve  C.  Mickelson  KNZA,  Inc.  Daniel  D.  Leatherman 
 Station  KRLI  Station  KCHI  102  North  Mason  P.  O.  Box  227 
 Carrollton,  Missouri  64633  Chillicothe,  Missouri  64601 
 5.  The  Commission's  authority  to  institute  rule  making  proceedings,  showings  required,  cut- 
 2  Although  Station  KCHI  was  modified  to  specify  operation  on  Channel  280C3,  the  Station  is  currently  operating  as 
 a  Class  A  facility.  See  MM  Docket  No.  93-  167,  8  FCC  Rcd  7068  (1993).  The  licensee  has  not  constructed  a  Class  C3  station  at  Chillicothe  and  has  consented  to  the  deletion  of  the  Class  C3  channel. 

 3  The  coordinates  for  Channel  247C2  at  Moberly,  MO  are  39-  27-  41  and  92-  21-  03.  The  coordinates  for  Channel 
 280C3  at  Malta  Bend,  Mo  are  39-  21-  59  and  93-  24-  12.  The  coordinates  for  Channel  273A  at  Chillicothe,  MO  are  39-  45-  56  and  93-  33-  14. 
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 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  September  5,  2000,  and  reply  comments  on  or  before  September  20,  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's  counsel,  as  follows: 

 John  R.  Wilner  Bryan  Cave  LLP 
 700  13  th  Street,  N.  W.,  Suite  700  Washington,  D.  C.  20005 

 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 
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 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 
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 Federal  Communications  Commission  DA  00-  1555 
 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  Reference  Information  Center  at  its  headquarters, 
 Washington,  D.  C. 
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