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 Federal  Communications  Commission  DA  01-  2986 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Section  73.202(  b), 
 Table  of  Allotments, 
 FM  Broadcast  Stations. 
 (Alberta  and  Dinwiddie,  Virginia, 
 Whitakers  and  Garysburg,  North  Carolina) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MM  Docket  No.  00-  245 
 RM-  9971 
 RM-  10185 
 RM-  10186 


 ORDER  TO  SHOW  CAUSE 
 Adopted:  December  12,  2001  Released:  December  21,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  the  Counterproposal  filed  by  Garysburg  Radio  in 
 response  to  the  Notice  of  Proposed  Rule  Making  in  this  proceeding.  15  FCC  Rcd  24136  (2000).  The 
 Counterproposal  involves  allotting  Channel  276A  to  Garysburg,  North  Carolina,  and  substituting  Channel 
 299A  for  Channel  276A  at  Alberta,  Virginia.  This  Counterproposal  conflicts  with  the  license  held  by 
 MainQuad  Broadcasting,  Inc.  (“  MainQuad”)  for  Station  WSMY-  FM,  Channel  276A,  at  Alberta,  Virginia 
 and  the  petition  for  rulemaking  filed  by  MainQuad  that  requested  the  substitution  of  Channel  276C3  for 
 Channel  276A  at  Alberta,  the  reallotment  of  Channel  276C3  from  Alberta  to  Whitakers,  North  Carolina, 
 and  the  allotment  of  Channel  299A  to  Alberta  as  a  replacement  for  Channel  276A.  For  the  reasons 
 discussed  below,  we  are  issuing  this  Order  to  Show  Cause  directed  to  MainQuad,  the  licensee  of  Station 
 WSMY-  FM,  Alberta,  Virginia. 


 2.  In  order  to  proceed  with  our  analysis  of  the  Counterproposal  and  the  ultimate  resolution  of  this 
 proceeding,  it  is  first  necessary  to  issue  this  Order  to  Show  Cause  directed  to  MainQuad  to  show  cause 
 why  its  Station  WSMY-  FM  license  should  not  be  modified  to  specify  operation  on  Channel  299A  in  lieu 
 of  Channel  276A  at  Alberta.  Section  316(  a)  of  theCommunications  Act  of  1934,  as  amended,  permits  us 
 to  modify  a  license  or  construction  permit  if  such  action  is  in  the  public  interest.  Section  316(  a)  requires 
 that  we  notify  the  affected  stations  of  the  proposed  action,  the  public  interest  reasons  for  the  action,  and 
 afford  at  least  30  days  to  respond.  This  procedure  is  now  set  forth  in  Section  1.87  of  the  Commission’s 
 Rules.  See  Modification  of  FM  and  Television  Licesnes  Pursuant  to  Section  316  of  the  Communications 
 Act,  2  FCC  Rcd  3327  (1987).  In  this  instance,  the  substitution  of  Channel  299A  for  Channel  276A  at 
 Alberta,  Virginia,  will  accommodate  the  allotment  of  Channel  276A  to  Garysburg,  North  Carolina  and  the 
 provision  of  a  first  local  aural  transmission  service  to  Garysburg,  while  retaining  the  only  local  aural 
 transmission  for  Alberta.  We  consider  this  change  in  channels  for  Station  WSMY-  FM,  Alberta,  Virginia, 
 to  have  sufficient  public  interest  benefits  to  justify  the  issuance  of  a  show  cause  order. 


 3.  The  Station  WSMY-  FM  license  at  Alberta  can  be  modified  to  specify  operation  on  Channel 
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 Federal  Communications  Commission  DA  01-  2986 
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 299A  at  its  currently  authorized  transmitter  site.  1  Garysburg  Radio  has  agreed  to  reimburse  MainQuad 
 for  the  reasonable  costs  incurred  in  connection  with  the  change  of  the  Station  WSMY-  FM  channel. 


 4.  Accordingly,  IT  IS  ORDERED,  That  pursuant  to  Section  316(  a)  of  the  Communications  Act 
 of  1934,  as  amended,  MainQuad  Broadcasting,  Inc.,  licensee  of  Station  WMSY-  FM,  Alberta,  Virginia, 
 SHALL  SHOW  CAUSE  why  its  license  should  not  be  modified  to  specify  operation  on  Channel  299A  in 
 lieu  of  Channel  276A. 


 5.  Pursuant  to  Section  1.  87  of  the  Commission’s  Rules,  MainQuad  Broadcasting,  Inc.  may,  no 
 later  than  February  11,  2002,  file  a  written  statement  showing  with  particularity  why  its  construction 
 permit  should  not  be  modified  as  proposed  in  this  Order  to  Show  Cause.  The  Commission  may  call  upon 
 the  licensee  to  furnish  additional  information.  If  the  licensee  raises  a  substantial  and  material  question  of 
 fact,  a  hearing  may  be  required  to  resolve  such  questions  of  fact  pursuant  to  Section  1.  87  of  the  Rules. 
 Upon  review  of  the  statements  and/  or  additional  information  furnished,  the  Commission  may  grant  the 
 modification,  deny  the  modification,  or  set  the  matter  of  modification  for  hearing.  If  no  written  statement 
 is  filed  by  the  date  referred  to  above,  the  licensee  will  be  deemed  to  have  consented  to  a  modification  as 
 proposed  in  this  Order  to  Show  Cause  and  a  final  Order  will  be  issued  if  the  modification  is  found  to  be  in 
 the  public  interest. 


 6.  IT  IS  FURTHER  ORDERED,  That  a  copy  of  this  Order  to  Show  Cause  shall  be  sent  BY 
 CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED,  to  the  following: 


 John  M.  Pelkey,  Esq. 
 Garvey,  Schubert  &  Barer 
 5  tb  Floor,  1000  Potomac  St.,  N.  W. 
 Washington,  D.  C.  20007 
 (Counsel  for  Station  WMSY-  FM) 


 7.  For  further  information  concerning  this  proceeding,  contact  R.  Barthen  Gorman,  Mass  Media 
 Bureau,  (202)  418-  2180, 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 


 1  The  reference  coordinates  for  Channel  276A  at  Alberta,  Virginia,  are  36-  52-  2  NL  and  77-  53-  31  WL. 
2