10 FCC Red No. 20 Federal Communications Commission Record DA 95-1930
Before the
Federal Communications Commission 
Washington, D.C. 20554
MM Docket No. 95-147
In the Matter of
Amendment of Section 73.202(b), RM-8694 
Table of Allotments, 
FM Broadcast Stations. 
(Meredosia, Illinois)
NOTICE OF PROPOSED RULE MAKING
Adopted: September 7, 1995; Released: September 19, 1995
Comment Date: November 13, 1995 
Reply Comment Date: November 28, 1995
By the Chief. Allocations Branch:
1. The Commission has before it the petition for rule 
making filed by Larry K. and Cathy M. Price ("petition 
ers") requesting the allotment of Channel 228A to 
Meredosia. Illinois, as the community's first local aural 
service.' Petitioners state that they will apply for the chan 
nel, if allotted.
2. We believe the public interest would be served by 
proposing the allotment of Channel 228A to Meredosia. 
since an interest in providing the community with its first 
local aural service has been expressed. Channel 228A can 
be allotted to the community in compliance with the Com 
mission's minimum distance separation requirements with 
a site restriction of 1.8 kilometers (1.1 miles) east to avoid 
a short-spacing to Station KGRC. Channel 225C1. 
Hannibal. Missouri."
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
Meredosia. Illinois
Present Proposed
22 8 A
4. The Commission's authority to institute rule making 
proceedings, showings required, cut-off procedures, and fil 
ing 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.
5. Interested parties may file comments on or before 
November 13, 1995. and reply comments on or before 
November 28, 1995. 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 com 
ments should be served on the petitioner, or its counsel or 
consultant, as follows:
Larry K. and Cathy M. Price 
WKXO Radio 
P.O. Box 196
123 North Liberty Street 
Rushville, Illinois 62681 
(Petitioners)
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 Leslie K. Shapiro. 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.
1 Petitioners had requested the allotment of Channel 243A to 
Meredosia. stating that the channel was available because of the 
modification of Rushville. Illinois. Station WKXQ-FM's license 
from Channel 244A to Channel 223A pursuant to the Report 
and Order in MM Docket y5-<>3. released August 14. 1W5 (DA 
95-1727). However, Channel 243A cannot be allotted to 
Meredosia in compliance with the Commission's minimum dis 
tance separation requirements because the channel would be 
short-spaced to the three earlier-Hied pending applications for 
Channel 243A at Farmington, Illinois. Therefore, we have sub 
stituted Channel 22SA for consideration herein. 
- The coordinates for Channel 228A at Meredosia are 39-50-14 
North Latitude and 90-32-24 West Longitude.
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DA 95-1930 Federal Communications Commission Record 10 FCC Red No. 20
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos 
Chief. Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
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(s) 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.
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.
(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 1.42()(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
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