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FM Table of Allotments, Ten Sleep, Wyoming

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Released: December 31, 1969
Federal Communications Commission

DA 09-43

Before the

Federal Communications Commission

Washington, D.C. 20554


In the Matter of
)
)
Amendment of Section 73.202(b),
)
MB Docket No. 08-242
Table of Allotments,
)
RM-11506
FM Broadcast Stations.
)
(Ten Sleep, Wyoming)
)

NOTICE OF PROPOSED RULE MAKING

Adopted: January 14, 2009

Released: January 16, 2009

Comment Date: March 9, 2009
Reply Date: March 24, 2009

By the Assistant Chief, Audio Division, Media Bureau:
1.
The Audio Division has before it a Petition for Rule Making filed by Legend
Communications of Wyoming, LLC ("Petitioner"), proposing to allot Channel 267A at Ten Sleep,
Wyoming. The purpose of the requested allotment is to maintain Ten Sleep's first local service.
Petitioner is the permittee of Station KYTS(FM), Channel 271C2, Ten Sleep, but the station has neither
been constructed nor become operational. Accordingly, Petitioner asserts that its "backfill" proposal is
consistent with the policy articulated in Pacific Broadcasting of Missouri LLC.1 Concurrent with the
filing of its petition for rule making, Petitioner submitted a Form 301 with the requisite fee seeking
authority to construct FM Channel 267A at Ten Sleep.2 Petitioner also submitted a Form 301 application
to modify Petitioner's construction permit for Station KYTS(FM), Channel 271C2, by changing the
stations's community of license from Ten Sleep to Manderson, Wyoming.3
2.
We believe that the proposal to allot Channel 267 at Ten Sleep, Wyoming, warrants
consideration. The proposed allotment will maintain a potential first local service at Ten Sleep while
accommodating Petitioner's proposed change of community of license for Station KYTS(FM), Channel
271C2 from Ten Sleep to Manderson, Wyoming, where Station KYTS(FM) would provide a first local
service. A staff engineering analysis indicates that Channel 267A can be allotted at Ten Sleep, consistent
with the minimum distance separation requirements of the Commission's rules, at coordinates 44-02-08
NL and 107-26-50 WL, with a site restriction of 0.3 km (0.2 miles) northeast of the community.
Accordingly, we seek comment on amendment of the FM Table of Allotments, 47 C.F.R. Section
73.202(b), to allot Channel 267A at Ten Sleep, Wyoming:



1 Pacific Broadcasting of Missouri LLC, (Letter Ref. No. 1800B3-LAS [M.Bur. Dec. 21, 2001]), app. for rev.
denied
, Memorandum Opinion and Order, 18 FCC Rcd 2291 (2003), recon. denied, Memorandum Opinion and
Order, 19 FCC Rcd 10950 (2004).
2 BNPH-20080916ADK.
3 BMPH-20080916ABE.

Federal Communications Commission

DA 09-43

Community

Present


Proposed

Ten Sleep, Wyoming
----

267A
3. 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.
4. Pursuant to Sections 1.415 and 1.419 of the Commission's Rules,4 interested parties may file
comments on or before March 9, 2009, and reply comments on or before March 24, 2009, and are
advised to read the Appendix for the proper procedures. Comments should be filed with the Federal
Communications Commission, Office of the Secretary, 445 Twelfth Street, SW, TW-A325, Washington,
D.C. 20554. Additionally, a copy of any filing should be served on counsel for Petitioner as follows:
Lee W. Shubert, Esq.
Sciarrino & Shubert PLLC
5425 Tree Line Drive
Centreville, Virginia 20120-1676
(Counsel for Legend Communications of Wyoming, LLC)
5. Parties must file an original and four paper copies of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal
Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The
Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings
for the Commission's Secretary at 236 Georgia Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail or Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and
Priority Mail should be addressed to 445 12th Street, SW, Washington, D.C. 20554.

All filings must be
addressed to Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the
Secretary. Any filing that is not addressed to the Office of the Secretary will be treated as filed on
the day it is received in the Office of the Secretary. See 47 C.F.R. 1.7. Accordingly, failure to
follow the specified requirements may result in the treatment of a filing as untimely.

6. 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.5 This document does not contain proposed information collection


4 See 47 C.F.R. 1.415 and 1.419.
5 See Certification that Section 603 and 604 of the Regulatory Flexibility Do Not Apply to Rule Making to Amend
Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules
, 46 Fed.Reg. 11549 (February 9, 1981).
2

Federal Communications Commission

DA 09-43

requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition,
therefore, it does not contain any proposed information collection burden "for small business concerns
with fewer than 25 employees," pursuant to the Small Business Paperwork Relief Act of 2002, Public
Law 107-198.6
7. For further information concerning this proceeding, contact Deborah A. Dupont, Media
Bureau, at (202) 418-7072. For purposes of restricted notice and comment rule making proceedings,
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 the particular
docket 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.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos
Assistant Chief
Audio Division
Media Bureau




6 See 44 U.S.C. 3506(c)(4).
3

Federal Communications Commission

DA 09-43

APPENDIX

1. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and (r), and 307(b), and 47
C.F.R. Sections 0.61, 0.204(b) and 0.283, IT IS PROPOSED TO AMEND the FM Table of Allotments, 47
C.F.R. Section 73.202(b), 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 47 C.F.R. Section 1.420(d).)
(b) Petitions for rule making which conflict with the proposals in this Notice 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 47
C.F.R. Sections 1.415 and 1.420, 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. The person filing the comments shall
serve comments on the Petitioner. Reply comments shall be served on the person(s) who filed comments
to which the reply is directed. A certificate of service shall accompany such comments and reply
comments (see 47 C.F.R. Section 1.420(a), (b) and (c).) Comments should be filed with the Secretary,
Federal Communications Commission, Washington, D.C. 20554.
5. Number of Copies. In accordance with the provisions of 47 C.F.R. Section 1.420, an original
and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be
furnished the Commission.
4

Federal Communications Commission

DA 09-43

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
Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C.
5

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