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 Federal  Communications  Commission  DA  99-  269  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.  )  ) 
 (Pitkin,  Louisiana)  )  MM  Docket  No.  99-  26  )  RM-  9436 
 )  (New  Castle,  Colorado)  )  MM  Docket  No.  99-  27 
 )  RM-  9437  ) 
 (Olathe,  Colorado)  )  MM  Docket  No.  99-  28  )  RM-  9438 
 )  (Walden,  Colorado)  )  MM  Docket  No.  99-  29 
 )  RM-  9439  ) 
 (Aberdeen,  Idaho)  )  MM  Docket  No.  99-  30  )  RM-  9443 
 )  (Palisade,  Colorado)  )  MM  Docket  No.  99-  31 
 )  RM-  9444  ) 
 (Rye,  Colorado)  )  MM  Docket  No.  99-  32  )  RM-  9445 
 )  (Burdett,  Kansas)  )  MM  Docket  No.  99-  33 
 )  RM-  9453 
 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  January  27,  1999;  Released:  February  5,  1999  Comment  Date:  March  29,  1999 
 Reply  Comment  Date:  April  13,  1999 
 By  the  Chief,  Allocations  Branch: 
 1.  Before  the  Commission  for  consideration  is  a  multiple  docket  Notice  of  Proposed  Rule  Making  setting  forth  separate  proposals  to  amend  the  FM  Table  of  Allotments,  Section  73.202(  b)  of 
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 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  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  rule  making  number  and  the  Commission's  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  for  rule  making  by  avoiding 
 duplicative  actions.  We  request  comments  and/  or  counterproposals  to  the  following  proposals: 
 A.  MM  Docket  No.  99-  26;  RM-  9436 
 Petitioner:  Panther  Broadcasting  of  Louisiana 
 c/  o  Henry  E.  Crawford,  Esq.  1150  Connecticut  Avenue,  N.  W. 
 Suite  900  Washington,  DC  20036-  4192 

 Proposal:  Allot  Channel  285A  to  Pitkin,  Louisiana,  as  that  community's  first  local  aural  transmission  service. 
 Community  Present  Proposed  Pitkin,  Louisiana  --  285A 
 Coordinates:  30-  56-  06  NL;  92-  56-  12  WL 
 Additional  Information:  This  proposal  requires  no  site  restriction.  As  Pitkin  is  not  incorporated  nor  listed  in  the  U.  S.  Census,  the  proponent  must  demonstrate  its  community  status.  This  may  be 
 proven  by  the  testimony  of  local  residents  or  by  objective  or  subjective  evidence  indicating  the  existence  of  a  community.  See  Beacon  Broadcasting,  2  FCC  Rcd  3469  (1987);  aff'd.  2  FCC  Rcd 
 7562  (1987).  Some  examples  of  objective  indications  of  community  status  include  the  existence  of  political,  social,  economic,  commercial,  cultural,  or  religious  organizations  and  services  in  the 
 community.  See  Kenansville,  Florida,  5  FCC  Rcd  2663  (Policy  and  Rules  Div.  1990),  aff'd.  10  FCC  Rcd  9831  (1995).  Petitioner  is  requested  to  provide  additional  information  regarding  the  attributes 
 of  Pitkin,  Louisiana,  consistent  with  the  above  guidelines. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180. 
 B.  MM  Docket  No.  99-  27;  RM-  9437 
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 Petitioner:  Mountain  West  Broadcasting 
 c/  o  Victor  A.  Michael,  Jr.  6807  Foxglove  Drive 
 Cheyenne,  Wyoming  82009 
 Proposal:  Allot  Channel  233A  to  New  Castle,  Colorado,  as  that  community's  first  local  commercial  FM  transmission  service. 

 Community  Present  Proposed 
 New  Castle,  Colorado  --  233A 
 Coordinates:  39-  34-  12  NL;  107-  31-  54  WL 
 Additional  Information:  The  proposed  allotment  requires  no  site  restriction. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180. 
 C.  MM  Docket  No.  99-  28;  RM-  9438 
 Petitioner:  Mountain  West  Broadcasting 
 c/  o  Victor  A.  Michael,  Jr.  6807  Foxglove  Drive 
 Cheyenne,  Wyoming  82009 
 Proposal:  Allot  Channel  270C2  to  Olathe,  Colorado,  as  that  community's  first  local  aural  transmission  service. 

 Community  Present  Proposed 
 Olathe,  Colorado  --  270C2 
 Coordinates:  38-  36-  18  NL;  107-  58-  54  WL 
 Additional  Information:  The  proposed  allotment  requires  no  site  restriction. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180. 
 D.  MM  Docket  No.  99-  29;  RM-  9439 
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 Petitioner:  Mountain  West  Broadcasting 
 c/  o  Victor  A.  Michael,  Jr.  6807  Foxglove  Drive 
 Cheyenne,  Wyoming  82009 
 Proposal:  Allot  Channel  231C2  to  Walden,  Colorado,  as  that  community's  first  local  aural  transmission  service. 

 Community  Present  Proposed 
 Walden,  Colorado  --  231C2 
 Coordinates:  40-  41-  54  NL;  106-  29-  48  WL 
 Additional  Information:  The  proposed  allotment  requires  a  site  restriction  18.5  kilometers  (11.5  miles)  west  to  avoid  a  short-  spacing  to  cut-  off  applications  filed  for  Channel  232C3  at  Wellington, 
 Colorado. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 E.  MM  Docket  No.  99-  30;  RM-  9443 
 Petitioner:  Mountain  West  Broadcasting 
 c/  o  Victor  A.  Michael,  Jr.  6807  Foxglove  Drive 
 Cheyenne,  Wyoming  82009 

 Proposal:  Allot  Channel  258C2  to  Aberdeen,  Idaho,  as  that  community's  first  local  aural  transmission  service. 
 Community  Present  Proposed 
 Aberdeen,  Idaho  --  258C2 

 Coordinates:  43-  00-  27  NL;  112-  41-  54  WL 
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 Additional  Information:  The  proposed  allotment  requires  a  site  restriction  13.5  kilometers  (8.4  miles)  northeast  of  the  community  to  avoid  a  short-  spacing  to  Station  KZDX(  FM),  Channel  260C, 
 Burley,  Idaho. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 F.  MM  Docket  No.  99-  31;  RM-  9444 
 Petitioner:  Mountain  West  Broadcasting 
 c/  o  Victor  A.  Michael,  Jr.  6807  Foxglove  Drive 
 Cheyenne,  Wyoming  82009 
 Proposal:  Allot  Channel  295C3  to  Palisade,  Colorado,  as  that  community's  first  local  aural  transmission  service. 

 Community  Present  Proposed 
 Palisade,  Colorado  --  295C3 
 Coordinates:  39-  07-  54  NL;  108-  22-  37  WL 
 Additional  Information:  The  allotment  proposal  requires  a  site  restriction  3.4  kilometers  (2.1  miles)  northwest  of  the  community  to  avoid  a  short-  spacing  to  KSTR-  FM,  Channel  241C,  Montrose, 
 Colorado. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 G.  MM  Docket  No.  99-  32;  RM-  9445 
 Petitioner:  Mountain  West  Broadcasting  c/  o  Victor  A.  Michael,  Jr. 
 6897  Foxglove  Drive  Cheyenne,  Wyoming  82009 

 Proposal:  Allot  Channel  285A  to  Rye,  Colorado,  as  that  community's  first  local  commercial  FM  transmission  service. 
 Community  Present  Proposed 
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 Rye,  Colorado  --  285A 
 Coordinates:  37-  55-  18  NL;  104-  55-  48  WL 
 Additional  Information:  The  proposed  allotment  does  not  require  a  site  restriction. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 H.  MM  Docket  No.  99-  33;  RM-  9453 
 Petitioner:  Dana  Puopolo  c/  o  Dana  J.  Puopolo  Pro  se 
 37  Martin  Street  Rehoboth,  MA  02769-  2103 

 Proposal:  Allot  Channel  228A  to  Burdett,  Kansas,  as  that  community's  first  local  aural  transmission  service. 
 Community  Present  Proposed 
 Burdett,  Kansas  --  228A 
 Coordinates:  38-  11-  30  NL;  99-  31-  30  WL 
 Additional  Information:  The  proposed  allotment  does  not  require  a  site  restriction.  Although  petitioner's  request  was  signed  and  an  address  provided,  an  affidavit  verifying  that  the  statements 
 contained  in  the  petition  are  accurate  to  the  best  of  the  petitioner's  knowledge  was  not  included.  Section  1.52  of  the  Commission's  Rules  requires  that  the  original  of  any  document  filed  with  the 
 Commission  by  a  party  not  represented  by  counsel  shall  be  signed  and  verified  by  the  party  and  his/  her  address  stated.  In  the  absence  of  such  verification,  the  petition  may  be  dismissed.  Section 
 1.401(  b)  of  the  Commission's  Rules  concerning  rule  making  proceedings  places  petitioners  on  notice  that  their  proposal  must  conform  with  the  requirements  of  Section  1.52  regarding  subscription  and 
 verification.  Therefore,  petitioner  is  requested  to  correct  this  omission  in  supporting  comments. 
 FCC  Contact:  Nancy  Joyner,  (202)  418-  2180 
 3.  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. 
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 4.  Interested  parties  may  file  comments  on  or  before  March  29,  1999,  and  reply  comments  on  or  before  April  13,  1999,  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  Certification  that  Section  603  and  604  of  the  Regulatory  Flexibility  Act  Do  Not  Apply  to  Rule  Making  to  Amend  Sections  73.202(  b),  and  73.606(  b)  of  the 
 Commission's  Rules.  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  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  in  the  applicable  docket  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  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 
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 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 
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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.  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  Office  of  the  Secretary,  Federal  Communications  Commission,  445  12th  Street,  S.  W.;  TW-  A325, 
 Washington,  D.  C.  20554. 
 5.  Number  of  Copies.  In  accordance  with  the  provisions  of  Section  1.420  of  the 
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 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 
 Center  (Room  239)  at  its  headquarters,  1919  M  Street,  N.  W.,  Washington,  D.  C. 
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