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Federal Communications Commission DA 95-14
In the Matter of
MM Docket No. 95-1
NOTICE OF PROPOSED RULE MAKING
James R. Bayes
James V. Haines
Wiley. Rein & Fielding
1776 K Street. N. W.
Washington, D.C. 20006
4. The Commission's authority to institute rule making
proceedings, showings required. cut-off procedures, and fil
ing 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.
5. Interested parties may file comments on or before
March 6, 1995, and reply comments on or before March
21, 1995. and are advised to read the Appendix for the
proper procedures. Comments should be filed with the
Secretary. Federal Communications Commission. Washing
ton. D.C. 20554. Additionally, a copy of such comments
should be served on the petitioner's counsel. as follows:
Released: January 12, 1995
Amendment of Section 73.202(b), RM-8527
Table of Allotments,
FM Broadcast Stations.
(Hamilton, Montana)
Before the
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ede
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tions
Commission
?. ,,,1 1'- ! w'"liShlJhton, D.C. 20554
Adopted: January 4, 1995;
By the Chief, Allocations Branch:
Comment Date: March 6, 1995
Reply Comment Date: March 21, 1995
I. Before the Commission for consideration is a petition
for rule making filed by Benedict Communications, Inc.
("petitioner"), seeking the allotment of Channel 251C3 to
Hamilton. Montana. as that communitv's second FM
broadcast service.
l
Petitioner submittedinf~rmationin sup
port of the proposal and stated its intention to file an
application for Channel 251 C3 if the channel is allotted to
Hamilton.
2
2. We believe petitioner's proposal warrants consider
ation. Channel 251C3 can be allotted to Hamilton. Mon
tana. in compliance with the minimum distance separation
requirements of the Commission's Rules without a site
restriction.
l
Since Hamilton is located within 320
kilometers (200 miles) of the US-Canadian border, con
currence of the Canadian government will be obtained for
this allotment.
3. In view of the fact that the proposed allotment would
provide a second local FM broadcast service to Hamilton,
Montana. the Commission believes it would serve the pub
lic interest to propose amending the FM Table of Allot
ments. Section 73.202(b) of the Commission's Rules. for
the community listed below. to read as follows:
City
Hamilton. Montana
Present
240C3
Channel No.
Proposed
240C3. 25 IC3
6. 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.
7. For further information concerning this proceeding,
contact Kathleen Scheuerle, Mass Media Bureau, (202)
634-6530. For purposes of this restricted notice and com
ment 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 presenta
tion is not prohibited if specifically requested by the Com
mission or staff for the clarification or adduction of
evidence or resolution of issues in the proceeding. How
ever, anv new written information elicited from such a
request O'r a summary of any new oral information shaH 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 this proceeding.
I Petitioner is the licensee of Stations KLYO(AM) and
KBMG(FM), Hamilton, Montana.
2 The Commission adopted new local ownership rules based on
market size and audience share which enables petitioner to file
an application for Channel 251C3 at Hamilton, if allotted. For
stations in markets with fewer than 15 radio stations, a single
licensee will be permitted to own up to three stations, no more
than two of which are in the same service, provided that the
owned stations represent less than 50 percent of the stations in
the market. See Revision of Radio Rules and Policies, Memoran
dum Opinion and Order and Further Notice of Proposed Rule
Making, 7 FCC Rcd 0387 (1992). Petitioner did not provide
information showing it is eligible to acquire a third station at
Hamilton. and is therefore requested to do so in its comments.
3 The coordinates for Channel 25lC3 at Hamilton are 46-14-36
and 114-09-30.
1
DA 95·14 Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos
Chief, Allocations Branch
Policy and Rules Division
Mass Media Bureau
APPENDIX
I. 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 O.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 pro
posal(s) discussed in the iVotice of Proposed Rule Making to
which this Appendix is attached. Proponent(s) will be ex
pected 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. CUI-of! Procedures. The following procedures will gov
ern the consideration of filings in this proceeding.
(a) Counterproposals advanced in this proceeding
itself will be considered if advanced in initial com
ments, so that parties may comment on them in
reply comments. They will not be considered if ad
vanced in reply comments. (See Section l.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 com
ments herein. If they are filed later than that, they
will not be considered in connection with the de
cision in this docket.
te) 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 l.420
of the Commission's Rules and Regulations. interested par
ties 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 com
ments, 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
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of service. (See Section 1.420(a), (b) and (c) of the Com
mission's Rules.) Comments should be filed with the Sec
retary, 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 Regula
tions, 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
N.W., Washington, D.C.