BEFORETHE ORtG(UAL Federal Communications Commission WASHINGTON, D.C. A12CI2II1I2D OOCI{E{ fILE. COP'I ORIGINAl......, ~ 7199g ) ~~~~~ In the Matter of ) Amendment ofSection 73 .202(b) ) MM Docket No. 99-322 Table ofAllotments ) RM-9762 FM Broadcast Station ) (Chillicothe and ) Ashville, Ohio) ) To: Chief, Allocations Branch Policy and Rules Division Mass Media Bureau COMMENTS IN SUPPORT OF PROPOSED RULE MAKING Secret Communications II, L.L.c. ("Secret"), licensee ofFM broadcast station WKKJ, Chillicothe, Ohio ("WKKJ"), by its attorneys, and pursuant to Section 1.415 ofthe Commission's Rules and Regulations, hereby submits its comments in support ofthe Commission's Notice ofProposed Rulemaking ("NPRM"), in which the Commission proposes to amend its FM Table ofAllotments, Section 73.202(b) ofits Rules, to reallocate Channel 227B from Chillicothe to Ashville, Ohio, as the community's first local aural service, and modify Station WKKJ's license accordingly. I DISCUSSION AND ANALYSIS 1. Secret filed a Petition for Rule Making ("Petition") on April 26, 1999, requesting the Commission to amend its FM Table ofAllotments by reallocating Channel 227B from 1 Since these Comments are being filed by the December 20, 1999 deadline for Comments, they are timely filed. No. of Copies rec'd 0 k-1 ListABCDE 2 Chillicothe to Ashville, Ohio, as the community's first local aural service, and modify Station WKKJ's license accordingly to specify Ashville as the Station's community oflicense. 2. On October 29, 1999, the Commission released its NPRM in the above-referenced matter, by which it proposed to amend its FM Table ofAllotments for the communities listed below, to read as follows: Channel No. Present Proposed Ashville, Ohio 227B Chillicothe, Ohio 227B, 232Bl 232Bl In connection with this reallotment, the FCC also proposed to modify WKKJ's license accordingly. The Commission noted that reallotting Channel 227B to Ashville would provide the community with its first local aural service, while Chillicothe would continue to receive local full-time service from commercial FM Station WFCB, Channel 232B 1, noncommercial FM Stations WVXC, WOHC and WOUH, and AM Stations WCHI and WBEX, and reception service from fifteen stations. 3. As set forth in Secret's Petition, the proposed reallotment will result in a preferential new arrangement ofallotments under established Commission priorities. As the Commission noted in its NPRM, the reallotment will provide a first local aural service to Ashville, while Chillicothe will continue to receive local transmission services from six other stations. As shown in the Petition, which Secret hereby incorporates by reference in its entirety, Ashville is a community deserving ofa first local service, and neither Ashville nor Chillicothe is located within any Urbanized Area. 3 DECLARATION OF INTENT Should the Commission adopt the proposal set forth in the NPRM and reallocate Channel 227B from Chillicothe to Ashville, Ohio, Secret hereby reaffirms that it intends promptly to file any appropriate application(s) for, and to implement the allotment of, Channel 227B at Ashville, Ohio. CONCLUSION For the foregoing reasons, Secret Communications II, L.L.C. respectfully requests that the Commission promptly reallocate Channel 227B from Chillicothe to Ashville, Ohio and modify the license ofradio station WKKJ(FM) accordingly. Respectfully submitted, SECRET COMMUNICATIONS II, L.L.c. By: C?::J -d. J~ cV \)~r( ~ \n~ Richard R. Zaragoza Colette M. Capretz Amy L. Vande Kerckhove Its Attorneys FISHER WAYLAND COOPER LEADER & ZARAGOZA L.L.P. 2001 Pennsylvania Avenue, N.W. Suite 400 Washington, D.C. 20006 (202) 659-3494 Dated: December 17, 1999 J:\DATA\CLIENT\40\4044\4044-000.C CERTIFICATE OF SERVICE I, Renee Williams, a secretary in the law firm ofFisher Wayland Cooper Leader & Zaragoza L.L.P., hereby certify that on this 17th day ofDecember, 1999, copies ofthe foregoing "Comments" were hand delivered to the following: John A. Karousos, Chief Allocations Branch Policy and Rules Division Mass Media Bureau Federal Communications Commission 445 12th Street, S.W. 3-A320 Washington, DC 20554 Rene~ar:lS.