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

                                )
In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No. 97-97
Table of Allotments,                    )    RM-9047
FM Broadcast Stations.          )
(Mt. Juliet and Belle Meade,    )
Tennessee)                       

                 NOTICE OF PROPOSED RULE MAKING


   Adopted:  March 12, 1997                  Released: March 21, 1997

Comment Date: May 12, 1997
Reply Comment Date: May 27, 1997


By the Chief, Allocations Branch:

     1.  The Commission has before it a Petition for Rule Making filed by Mt. Juliet Broadcasting,
Inc. ("MJB"), permittee of Station WNPL, Channel 294A, Mt. Juliet, Tennessee, requesting
reallotment of Channel 294A to Belle Meade, Tennessee, and modification of its construction permit
to specify Belle Meade.  MJB states its intention to apply for Channel 294A if it is allotted to Belle
Meade as requested.

     2.  MJB filed its Petition for Rule Making pursuant to Section 1.420(i) of the Commission's
Rules which permits the modification of a station authorization to specify a new community of
license without affording other interested parties an opportunity to file a competing expression of
interest. See Modification of FM and TV Authorizations to Specify a New Community of License,
4 FCC Rcd 4870 (1989); recon. granted in part, 5 FCC Rcd 7094 (1990).  As a background to the
proposed reallotment, MJB states that its has been unable to implement operation on its authorized
Station WNPL facility because of electromagnetic interference (EMI) to FAA air navigation
facilities. MJB has also included an engineering exhibit stating that due to the proximity of the
Nashville International and Smyrna Airports, there is no site available from which a Channel 294A
allotment could provide the requisite 70 dBu coverage to Mt. Juliet without predicted interference
to FAA navigational systems.  MJB also states that there are no alternative channels for Mt. Juliet.

     3.  In order to implement an operation on Channel 294A, MJB proposes the reallotment to
Belle Meade, Tennessee.  According to MJB, this will result in a first local service to a community
of 2,839 persons and a gain of service to 23,946 persons.  MJB also notes that Belle Meade has its
own police department, Methodist church, newspaper, city manager, and approximately six dozen
businesses.

     4.  In regard to this proposal, we make two observations.  First, in considering a reallotment
proposal, we compare the existing allotment versus the proposed allotment to determine whether the
reallotment will result in a preferential arrangement of allotments.  This determination is based upon
the FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures, 90 FCC
2d 88 (1982).  In this situation, we would be removing the sole local service from Mt. Juliet, a
community of 5,389 persons.  In view of the larger population of Mt. Juliet, we normally would not
be able to find that a reallotment to the smaller community of Belle Meade would result in a
preferential arrangement of channels.  However, this policy would not be an impediment if the
existing Channel 294A allotment at Mt. Juliet  cannot be implemented due to predicted EMI
interference to air navigation and the attendant air safety concerns.  It is for this reason that we
request specific comment regarding such interference with respect to the entire area in which a
transmitter could be located in accordance with our minimum separation requirements and principal
city coverage requirement.

     5.  Comment regarding the technical feasibility of the Channel 294A allotment at Mt. Juliet
would also be relevant to the second observation.  This observation concerns the fact that the
proposed reallotment to Belle Meade will provide a 70 dBu signal to the entire city of Nashville,
Tennessee.  We will not uncritically apply a first local service preference of the FM allotment
priorities when a party seeks to reallot its channel to a suburban community of a nearby urban area. 
Rather, in assessing a proposal to award a first local preference to a community in an urbanized area,
we apply existing precedents. See Huntington Broadcasting Co. v. FCC, 192 F. 2d 33 (D.C. Cir.
1951); RKO General (KFRC), 5 FCC Rcd 3222 (1990); Faye and Richard Tuck, 3 FCC Rcd 5374
(1988).  To this end, we request specific comment regarding the extent to which the station will
provide service to the entire Nashville Urbanized Area, the relative populations of Belle Meade and
Nashville, and the interdependence of Belle Meade to the Urbanized Area.  Even if we were to make
a finding that an allotment to Belle Meade is not entitled to a preference as a first local service, this
would not preclude a finding that a Belle Meade allotment would be preferable to a technically
defective allotment at Mt. Juliet.          

     6.  In light of the above, we propose to reallot Channel 294A from Mt. Juliet to Belle Meade,
Tennessee, and modify the Station WNPL construction permit to specify Belle Meade as the
community of license.  This would provide a first local service to Belle Meade and allow MJB to
implement operation on Channel 294A.  Since the request is consistent with the provisions of
Section 1.420(i) of the Commission's Rules, we shall propose to modify the Station WNPL
construction permit without entertaining competing expressions of interest or requiring MJB to
demonstrate the availability of an additional equivalent channel for use by such parties.  Channel
294A can be allotted to Belle Meade in compliance with the Commission's minimum distance
separation requirements with a site restriction of 13.6 kilometers northeast.

     7.  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 community listed below, to read
as follows:

                                        Channel No.
          City                     Present        Proposed

          Mt. Juliet, Tennessee           294A             --

          Belle Meade, Tennessee             --                294A

     8.  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.

     9.  Interested parties may file comments on or before May 12, 1997, and reply comments on
or before May 27, 1997, and are advised to read the Appendix for the proper procedures.  Comments
should be filed with the Secretary, Federal Communications Commission, Washington, DC 20554. 
Additionally, a copy of such comments should be served on the petitioner, or its counsel or
consultant, as follows:

          Edward W. Hummers,  Jr.,  Esq.
          Holland & Knight LLP
          2100 Pennsylvania Avenue, NW
          Suite 400
          Washington, D.C. 20037-3202
          (Counsel for MJB)

     10.  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.

     11.  For further information concerning this proceeding, contact Pam Blumenthal, 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 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 


                             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
Secretary, Federal Communications Commission, Washington, DC 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 Public
Reference Room at its headquarters, 1919 M Street, NW, Washington, DC.