WPC! 2 BPZ Courier 10cpi3|wx6X@8;X@HP LaserJet IIISiHPLASIII.PRSx  @Hi$gEX@2m< ZL-@3|wHP LaserJet IIISiHPLASIII.PRSC\  P6QHi$gEP I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)CG Times (Scalable)CG Times Bold (Scalable)2 Z Yx/c81,c P7Py.f81,f_ p^78wC;,[hXw P7XP7zC;,sXz_ p^7XH<!, ,< P7,PV"G($,hG P7hP.. WordPerfect AppActivateAppClose MacroPlay MacroName"Sh5^18MSS888S8888SSSSSSSSSS88Jxir{icx{8Aui{x`xoYi{xxxl888SS8JSJSJ8SS..S.SSSS>A.SSxSSJJSJSSSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxSxSxSrSrSrS{SiSiSiSiSxSxSxSxSxS{S{SS.SSSSz]SSuSiSiSk2g/a{S{SxSxSxoSoSZ?YSYSiSiSiS{S{S{S{SxxSkI8SS888WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxSSS8JDDSSSSSS;SSSS;88VVS++SSffSSxSc]]8VS;"xxSxWxxS唔S88xfxxxxxxxxxxx8SxS]SxoS8SxJS`xlxxxxxxxxxxMxxxxxxofxGcxxxxxxxSxxxxxxxJxxxxJxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx8xxx8xxx8xxx8xxxxxxxxxxxxxxfi]f]oJiAlJ{SxJ8.uJo]]{JoSxJxf`SfSSiJxJofx]fffxi{8SxxxfJffff88SSSSx{SSSxxxf8`SJ8"Sh5^18MSS888S8888SSSSSSSSSS88SxoxxodAPoxdx]oxxxxo888SS8S]J]J;S].8].]S]]JA8]SxSSJSSSSSSSSS8SSSSSSSS].xSxSxSxSxSxxJoJoJoJoJA.A.A.A.x]SSSSx]x]x]x]xSxSx]SSxSxSd]xSxSxSxSxSxSx]oSoSoSoSSSSSS]]S.S]SS_SS]oSoSoAo.x]x]SS{xSxS]A]S]SoSoSoSx]x]x]x]xxSoJ8SS888WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxSSS8SGGSSSSSS;SSSS;88``S++SSffSSxSi]]8`S;"xxSx`xxS唔S88xfxxxxxxxxxxx8SxS]SxoS8SxJS`xrxxxxxxxxxxPxxxxxxofxGcxxxxxxxSxxxxxxxSxxxxSxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx8xxx8xxx8xxx8xxxxxxxxxxxxxxfo]f]oJoAoJJxJA.Jo]]xJoSJxffSfSSoJxJofx]fffxoASxxfJffff88SSSSxSSSxxxf8fSJ8"Sh5^;C]ddCCCdCCCCddddddddddCCȲY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYddddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdddddddd~d~d~d~ddddddddd8ddddoddd~d~d<|8tddddddlLkdkd~d~d~ddddddXCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"Ȑdhd岲dCCȐzȲxCddodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCŐz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC2K!;F`"Sh5^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddddddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddoddddxoddddddodddddddddood8doddrddoddN8ooddddoNododdddooooȐdYCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"Ȑdsd岲dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŐzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC"Sh5^!.22YN!!!2Y!!!!2222222222!!dYd,YH?EJ?;HJ!'F?[JH9HC6?JH^HHA!!!22!,2,2,!222N2222%'22H22,,2,d222222!222222222H,H,H,H,H,YCE,?,?,?,?,!!!!J2H2H2H2H2J2J2J2J2H2H,J2H2H2H2J292H2H2H2E2E2E2J2?2?2?2?2H2H2H2H2H2J2J222222I822F2?2?2@>:J2J2H2H2YHC2C26&6262?2?2?2J2J2J2J2^HH2@,!22!!!WddddddddddddddddddddddddddddddddddddddddddddddddxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHHH222!,))22X222YY2#2222Y#!!442Ydd22==Ld2d2H2;SS88Y!42^x#"ddddHHddd2Hdd4HHYYddd2YYddd Y2!!dddddH=dYHHHHHHHHHHx!d2H282YdHdC2!2H,29HNAddHHHHHHHHHHddddd.dHHHHdddddddddddddddddddHHddddddSC=NdHddd+;HHHHddddddHHH2HHdHHdddHHH,HHHH,HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!HHH!HHH!HHH!HHHHHHHHHHHHHH=?8=8C,?'A,J2H,!F,C8[8J,C2H,H=92=22?,H,C=H8N===H?J!2HHH=,====!!2222HJ222HHH=!92,!d"Sh5^$(8<><q*"xxxxWWxxxWWkkxxx  98162 (%'>   Y-Table of Allotments,j)RM9263 FM Broadcast Stations.j) (Sugar Hill and Toccoa, Georgia)j) l  Xi -n  NOTICE OF PROPOSED RULE MAKING  lU  Y; -X` hp x (#%'0*,.8135@8: September 11, 1998 (%'>  Comment Date:  (%'> November 2 (%'> , 1998 Reply Comment Date: November 17 (%'> 1 , 1998 pX` hp x (#%'0*,.8135@8:the Chief of the Allocations Branch 0reallotted Channel 244A from   wNewnan to Peachtree City and modified the license of Station WMKJ to specify Peachtree City   ,as the new community of license. Station WMKJ was a "grandfathered" (pre1964, before the   new spacing requirements) that did not meet the current spacing requirements set forth in Section  Yb-  73.207 of the Rules. The proposal in Newnan and Peachtree City, supra, did not involve any   change in the technical facilities of Station WMKJ. In taking this action, we recognized that we   : were creating a new shortspaced allotment in contravention of Section 73.207 of the Rules. Our   + rationale for this action was that "grandfathered" FM stations were in compliance with our Rules   xwhen authorized and should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our Rules.  =5. We are requesting specific comment on whether this policy should be continued and,   if so, whether it should be extended to post1964 FM stations that are not now in conformity  Y-  Ywith our current spacing requirements. % xP -  jԍ This concern would also be applicable to threekilowatt (pre1989) Class A FM stations seeking to change a  xP-  community of license without a change in technical facilities. See Amendment of Part 73 of the Rules to Provide   for an Additional FM Station Class (Class C3) and to Increase the Maximum Transmitting Power for Class A  xPd-Stations, 4 FCC Rcd 6375 (1989), recon. 6 FCC Rcd 3417 (1991). In both instances, the result is removing one allotment   from the FM Table of Allotments that does not comply with current spacing requirements and   adding an allotment that does not comply with current spacing requirements at a new community.  Y -5Technical Summaryă  L6. Channel 291C1 can be allotted to Sugar Hill with a site restriction of 45.7 kilometers  Y-  J(28.4 miles) northeast.% xP<&-ԍ The coordinates for Channel 291C1 at Sugar Hill are 342241 North Latitude; 833930 West Longitude. This site, which is the transmitter site specified in Station WSTEFM's   <outstanding construction permit (BPH970325IC), will maintain the present shortspacing to" @,N(N(ZZ!"   Station WYAY, Channel 294C, Gainesville, Georgia. We note that Station WSTEFM also has   pending before the Commission an application (BMPH980128IF) which specifies a different   transmitter site (coordinates 342148; 834341) which would result in additional shortspacings   to Station WGSTFM, Channel 289C2, Canton, Georgia, and Station WSTHFM, Channel   h291C1, Alexander, Alabama. However, because the petitioner specifically proposed the use of   its construction permit site, and the Commission has not, as yet, acted on its pending application   ,to change its site, we are proposing the Sugar Hill allotment at the coordinates specified in the station's granted construction permit.  7. We believe petitioner's proposal warrants consideration since the allotment of Channel   291C1 could provide Sugar Hill with its first local aural transmission service without depriving   Toccoa of its sole local aural service. 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:  Y -` `  hh,VppChannel No.  Y-` `  City hh,VPresent   Proposed  Yb-` `  Sugar Hill, GeorgiaVpp  291C1  YK-` `  Toccoa, GeorgiaV291Cpp    .8. The Commission's authority to institute rule making proceedings, showings required,   cutoff 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.  $9. Interested parties may file comments on or before , 1998, and reply   comments on or before , 1998, and are advised to read the Appendix for the   proper procedures. Comments should be filed with the Secretary, Federal Communications   Commission, Washington, D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: ` ` Gary S. Smithwick ` ` Smithwick & Belendiuk, P.C. ` ` 1990 M Street, N.W., Suite 510 ` ` Washington, D.C. 20036 ` ` (Counsel to petitioner)  ]10. The Commission has determined that the relevant provisions of the Regulatory   Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of  Yh$-  Allotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603  YQ%-  and 604 of the Regulatory  Flexibility Act Do Not Apply to Rule Making to Amend Sections  Y:&-73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981. "#',N(N(ZZP("Ԍ L11. For further information concerning this proceeding, contact LeslieK. Shapiro, Mass   Media Bureau, (202) 4182180. For purposes of this restricted notice and comment rule making  Y-  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   Ydecided and such decision is no longer subject to reconsideration by the Commission or review  Y-  by any court. An ex parte presentation is not prohibited if specifically requested by the   YCommission or staff for the clarification or adduction of evidence or resolution of issues in the   hproceeding. However, any new written information elicited from such a request or a summary   Zof 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  Y -  hrequirement. 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   Jbeen served on the person(s) who filed the comment, to which the reply is directed, constitutes  Y -an ex parte presentation and shall not be considered in the proceeding. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,John A. Karousos ` `  hh,Chief, Allocations Branch ` `  hh,Policy and Rules Division ` `  hh,Mass Media Bureau Attachment: Appendix ",N(N(ZZP"  Y-` ` APPENDIX    1. Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and (r), and 307(b) of   Kthe 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  Y-  x73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed  Yv-Rule Making to which this Appendix is attached.  YH-  = 2. Showings Required. Comments are invited on the proposal(s) discussed in the  Y1-  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   xby 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.  Y-   3. Cutoff 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   iin initial comments, so that parties may comment on them in reply comments. They will not  Y-  jbe 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  Y-  wNotice, 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.   Y (c) The filing of a counterproposal may lead the Commission to allot a different channel than was requested for any of the communities involved.  Y -  , 4. Comments and Reply Comments; Service. Pursuant to applicable procedures set out   Jin Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may  Y-  file comments and reply comments on or before the dates set forth in the Notice of Proposed  Y -  wRule 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  YQ%-  ,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."#',N(N(ZZP("Ԍ Y-  .ԙ 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.  Y-   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.