Federal Communications Commission DA 97-39
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of )
)
Amendment of Section 73.202(b). ) MM Docket No. 97-10 
Table of Allotments, ) RM-8984 
FM Broadcast Stations. ) 
(Mount Horeb, Wisconsin) )
NOTICE OF PROPOSED RULE MAKING
Adopted: January 10, 1997 Released: January 17, 1997
Comment Date: March 10, 1997 
Reply Date: March 25, 1997
By the Chief. Allocations Branch:
1. Before the Commission for consideration is a petition for rule making filed by First 
Congregational Services ("First Congregational"), proposing the allotment of Channel 294A to 
Mount Horeb, Wisconsin, as that community's first local broadcast service. First Congregational 
submitted information in support of the proposal and stated its intention to file an application for 
Channel 294A if the channel is allotted to Mount Horeb.
2. We believe First Congregational's proposal warrants consideration. A staff analysis has 
determined that Channel 294A can be allotted to Mount Horeb. Wisconsin, in compliance with 
the Commission's Rules provided there is a site restriction 9.6 kilometers (6 miles) west of the 
community.' The site restriction will prevent a conflict with Channel 292A, Station WWQM- 
FM, Middleton. Wisconsin. Channel 294B. Station WYLL, Des Plaines, Illinois, and Channel 
295A. Station WNNO-FM, Wisconsin Dells, Wisconsin. Mount Horeb is located approximately 
20 miles west of Madison, Wisconsin, in Dane County. The 1995 edition of the Rand McNallv 
Commercial Atlas indicates that Mount Horeb has its own post office and zip code and that the 
1990 Census credits Mount Horeb with a population of 4,182 people.2
3. In view of the fact that the proposed allotment would provide a first local broadcast 
service to the community, the Commission believes it would serve the public interest to propose
1 The coordinates for Channel 294A at Mount Horeb are 42-59-22 and 89-51-12.
: The Wisconsin Folk Museum, with exhibits of ethnic crafts of Wisconsin, is located in Mount Horeb. The 
Mount Horeb Mustard Museum is also located in the community.
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amending 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. 
Community Present Proposed
Mount Horeb. Wisconsin    294A
4. 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. 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 March 10, 1997, and reply comments 
on or before March 25, 1997. 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 comments should be served on the petitioner, as 
follows:
Henry E. Crawford
1150 Connecticut Avenue. N.W.
Suite 900
Washington. D. C. 20036
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 
Remilatorv Flexibility Act Do Not Apply to Rule Makinu to Amend Sections 73.202(b). 73.504 
and 73.606fb) of the Commission's Rules. 46 FR 11549. February 9. 1981.
7. For further information concerning this proceeding contact Kathleen Scheuerlc. Mass 
Media Bureau. (202) 418-2180. For purposes of this restricted notice and comment rule making 
proceeding, members of the public are advised that no ex parte presentations are permiticd 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 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 a summary 
of any new oral information shall be served by the person making the presentation upon 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 parte presentation
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Federal Communications Commission DA 97-39
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 
Chief. Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
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Federal Communications Commission DA 97-39
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 Commission's Rules and Regulations, 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 Procedures. 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 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 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 Sections 1.415 and 1.420 of the Commission's Rules and Regulations, 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. 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 Commission's 
Rules.) Comments should be filed with the Secretary. Federal communications Commission. 
Washington. D. C. 20554.
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Federal Communications Commission DA 97-39
5. Number of Copies. In accordance with the provisions of Section 1.420 of the 
Commission's Rules and Regulations, 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 Pubic 
Reference Room at its headquarters, 1919 M Street, N.W., Washington, D. C.
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