APPENDIX MM Docket No.96-161 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, 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 Center (Room 239) at its headquarters, 1919 M Street, N.W., Washington, D.C. 1. At the request of WMS1. Inc. ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 4665 (1996). proposing the allotment of Channel 240A at Macomb, Illinois, as the community's third local commercial FM transmission service. Petitioner filed comments in support of the proposal reaffirming its intention to apply for the channel, if allotted. No other comments were received. 2. We believe the public interest would be served by allotting Channel 240A at Macomb, Illinois, since it would provide the community with its third local commercial FM transmission service. An engineering analysis has determined that Channel 240A can be allotted to Macomb in compliance with the Commission's minimum distance separation requirements with a site restriction of 0.5 kilometers (0.3 miles) south to avoid a short-spacing to the licensed site of Station WMXG(FM), Channel 241C1, Clinton, Iowa.' 3. Accordingly, pursuant to the authority found in Section 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 ORDERED. That effective September 16, 1996, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with 'The coordinates for Channel 240A at Macomb are North Latitude 40-27-09 and West Longitude 90-40-12. respect to the community listed below, to read as follows: City Macomb, Illinois Channel No. 240A. 261A. 274B1 4. The window period for filing applications will open on September 16, 1996, and close on October 17. 1996. 5. IT IS FURTHER ORDERED. That this proceeding IS TERMINATED. 6. For further information concerning this proceeding. contact Sharon P. McDonald. Mass Media Bureau (202) 418-2180. Questions related to the window application filing process should be addressed to the Audio Services Division. FM Branch. Mass Media Bureau (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief. Allocations Branch Policy and Rules Division 1. The Commission has before it the petition for rule making filed by D. Mitchell Self Broadcasting, Inc. ("petitioner"), requesting the allotment of Channel 293A to Clifton, Tennessee, as the community's first local FM service. Petitioner states he will apply for Channel 293A, if allotted. 2. We believe petitioner's proposal warrants consideration since it could provide Clifton' with its first local aural transmission service. Channel 293A can be allotted to Clifton in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.6 kilometers (6.6 miles) northwest in order to avoid a short-spacing conflict with the licensed site of Station WBTG(FM), Channel 292C3, Sheffield, Alabama. 1 According to the 1990 U.S. Census, Clifton is an incorporated community with a population of 620 persons. 2 The coordinates for Channel 293A at Clifton are North Latitude 35-28-01 and West Longitude 88-03-11. Petitioner suggested that the allotment could be made at coordinates North Latitude 35-29-13 and West Longitude 87-59-04 with a site restriction of 11.3 kilometers ( 7.0 miles) north. Consistent with Commission policy, we will advance the less restrictive site for the allotment of Channel 293A at Clifton. |