DA 95-1534 Federal Communications Commission Record 10 FCC Red No. 16
Before the
Federal Communications Commission 
Washington, D.C. 20554
MM Docket No. 95-113
5. Interested parties may file comments on or before 
September 18, 1995, and reply comments on or before 
October 3, 1995, and are advised to read the Appendix for 
the proper procedures. Comments should be filed with the 
Secretary, Federal Communications Commission, Washing 
ton, D.C. 20554. Additionally, a copy of such comments 
should be served on the petitioner, or its counsel or con 
sultant, as follows:
In the Matter of
Amendment of Section 73.202(b) RM-8664 
Table of Allotments, 
FM Broadcast Stations. 
(Salem, West Virginia)
NOTICE OF PROPOSED RULE MAKING 
Adopted: July 7, 1995; Released: July 26, 1995
Comment Date: September 18, 1995 
Reply Comment Date: October 3, 1995
By the Chief, Allocations Branch:
1. The Commission has before it the petition for rule 
making filed by Salem-Teikyo University ("petitioner"), 
proposing the allotment of Channel 258A at Salem, West 
Virginia, as the community's second local FM transmission 
service. Petitioner states its intention to apply for the chan 
nel, if allotted.
2. We believe petitioner's proposal warrants consider 
ation since it could provide Salem with an additional local 
FM transmission service. An engineering analysis has deter 
mined that Channel 258A can be allotted to Salem in 
compliance with the Commission's minimum distance sep 
aration requirements at city reference coordinates.' Since 
Salem is located within 320 kilometers (200 miles) of the 
U.S.-Canadian border, concurrence of the Canadian gov 
ernment has been requested.
3. 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 community 
listed below, to read as follows:
Channel No.
City
Salem, West Virginia
Present
289A
Proposed 
258A, 289A
4. The Commission's authority to institute rule making 
proceedings, showings required, cut-off procedures, and 
filingH& requirements are contained in the attached Ap 
pendix and are incorporated by reference herein. In par 
ticular, we note that a showing of continuing interest is 
required by paragraph 2 of the Appendix before a channel 
will be allotted.
John F. Garziglia, Esq. 
Pepper & Corazzini, L.L.P. 
1776 K Street, N.W.. Suite 200 
Washington, D.C. 20006 
(Counsel for Petitioner)
6. 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 Allotments, Section 73.202(b) of the Commission's 
Rules. See Certification That Sections 603 and 604 of the 
Regulatory Flexibility Act Do Not Apply to Rule Making to 
Amend Sections 73.202(b), 73.504 and 73.606(b) of the 
Commission's Rules, 46 FR 11549, February 9. 1981.
7. For further information concerning this proceeding, 
contact Sharon P. McDonald, Mass Media Bureau, (202) 
418-2180. For purposes of this restricted notice and com 
ment rule making proceeding, members of the public are 
advised that no ex pane presentations are permitted from 
the time the Commission adopts a Notice of Proposed Rule 
Making until the proceeding has been decided and such 
decision is no longer subject to reconsideration by the 
Commission or review by any court. An ex pane presenta 
tion is not prohibited if specifically requested by the Com 
mission or staff for the clarification or adduction of 
evidence or resolution of issues in the proceeding. How 
ever, any new written information elicited from such a 
request or a summary of 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 requirement. Any comment 
which has not been served on the petitioner constitutes an 
ex pane 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 pane presentation and 
shall not be considered in the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
1 The coordinates for Channel 258A at Salem are North Lati 
tude 39-17-00 and West Longitude 80-34-00.
8094
10 FCC Red No. 16 Federal Communications Commission Record DA 95-1534
APPENDIX
1. Pursuant to authority found in Sections 4(i), 5(c)(l), 
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 Com 
mission's Rules and Regulations, as set forth in the Notice 
of Proposed Rule Making to which this Appendix is at 
tached.
2. Showings Required. Comments are invited on the pro 
posal^) discussed in the Notice of Proposed Rule Making to 
which this Appendix is attached. Proponent(s) will be ex 
pected 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 Procedures. The following procedures will gov 
ern the consideration of filings in this proceeding.
(a) Counterproposals advanced in this proceeding 
itself will be considered if advanced in initial com 
ments, so that parties may comment on them in 
reply comments. They will not be considered if ad 
vanced 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 proposal(s) 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 com 
ments herein. If they are filed later than that, they 
will not be considered in connection with the de 
cision 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 par 
ties 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 com 
ments, 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 Com 
mission's Rules.) Comments should be filed with the Sec 
retary, 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 Regula 
tions, 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 
Public Reference Room at its headquarters, 1919 M Street 
N.W., Washington, D.C.
8095