Before the Federal Communications Commission Washington, D.C
I BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 Petition of: Tobacco Valley Communication, Inc. To Exclude Eureka and the Remainder CSR- ______ of North Lincoln County from the Spokane, Washington DMA and Include it in the Missoula, Montana DMA PETITION FOR SPECIAL RELIEF January 31, 2014 Michael Strand STRAND LAW FIRM, PLLC P.O. Box 21117 Billings, MT 59101 (406) 465-5792 Attorney for Tobacco Valley Communications, Inc. TABLE OF CONTENTS Page I. Issues Presented 3 II. Brief Answers 3 Ill. Background 4 A. Tobacco Valley Communications, Eu reka and North Lincoln County 4 B. Spokane, Washington 4 c. Missoula, Montana 5 D. Kalispell, Montana 5 E. Distances 5 F. nme Zones 6 G. History of Station Carriage by Tobacco Valley 6 H. Retransmission Consent Agreements 7 IV. Governing Law 8 A. Legislative History 8 B. FederaJStatute 9 C. Prior FCC Decisions 10 V. Analysis 12 A. The Requested Modification is Consistent with Congressional Intent. 12 B. The Requested Modification is Consistent with Federal Statute. 13 VI. Standardized Evidence Approach 19 VII. Conclusion 20 VIII. List of Exhibits 22 2 Tobacco Valley Communications (hereafter "Tobacco Valley") hereby petitions the Federal Communications Commission (hereafter "FCC'') to exclude North Lincoln County, Montana, from the Spokane, Washington DMA and to include North lincoln County in the Missoula, Montana DMA. North Lincoln County, Montana, includes- but is not limited to-the communities of Eureka, Rexford, Trego, Fortine, West Kootenai and Stryker. For the purposes of administrative simplicity, Tobacco Valley recently successfully registered the entire Eureka/North Lincoln County area with the FCC as community unit MT0196 under the community name "Eureka." A copy of the registration is attached as Exhibit A.
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