PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 2055 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov ____________________________________________________________________________________________________________________ FM TRANSLATOR-BOOSTER APPLICATION READY AND AVAILABLE FOR PROCESSING ______________________________________________________________________________________ Report No. 98-5 Released: April 21, 1998 Cut-Off Date: May 22, 1998 NOTICE is hereby given that the February 16, 1998 request for waiver of the filing freeze imposed by the Notice of Proposed Rule Making in MM Docket No. 97-234, 12 FCC Rcd 22,363 (released November 26, 1997) for the application listed in the attached appendix has been granted by the Chief, Mass Media Bureau. Grant of the waiver was based on the conclusion that the proposed translator service is necessary to assist residents in the Mammoth Lakes, California area, where there is an ongoing threat to safety of life and property due to seismic activity. See 47 U.S.C. 151; 47 C.F.R. 73.1250, 74.21. See also The City of Lewisville, Texas, 11 FCC Rcd 19,638 (1996), aff'd sub nom Keller Communications, Inc. v. FCC, 130 F.3d 1073 (D.C. Cir. 1997) (staff waiver of filing requirement due to public safety interests involved upheld by Commission en banc and Court of Appeals). The application HEREBY IS ACCEPTED FOR FILING. Any applications proposing to provide a similar service to Mammoth Lakes, California, and/or which would be in conflict with the application appearing on the attached appendix, must be substantially complete and tendered for filing at the Office of the Secretary of the Commission not later than the close of business on May 22, 1998. Petitions to deny this application also must be on file not later than the close of business on May 22, 1998. Attachment F C C APPENDIX BPFT-980226TZ NEW-T Mammoth Lakes CA Tom and Penny Johnson REQ: 96.5 MHz; Channel No. 243D TRANSLATOR FOR KDAY(FM), INDEPENDENCE, CA