4 FCC Red No. 1 Federal Communications Commission Record DA 88-1976

the pet1t10ner to demonstrate the availability of an addi­ Before the tional equivalent channel for use by such parties. Peti­ Federal Communications Commission tioner has stated its willingness to reimburse Radio Washington, D.C. 20554 Station WBAW(FM) for the costs associated with its change of channel. 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 MM Docket No. 88-590 community listed below. to read as follows:

In the Matter of Channel No. City Present Proposed Amendment of Section 73.202(b), RM-6484 Barnwell. 269A 256A Table of Allotments. South Carolina FM Broadcast Stations. Ravenel, 269A 269C2 (Ravenel and Barnwell, South South Carolina Carolina) 5. The Commission's authority to institute rule making proceedings, showings required, cut-off procedures, and NOTICE OF PROPOSED RULE MAKING AND filing requirements are contained in the attached Appen­ ORDER TO SHOW CAUSE dix and are incorporated by reference herein. In particu­ lar, we note that a showing of continuing interest is Adopted: November 30, 1988; Released: January 6, 1989 required by paragraph 2 of the Appendix before a chan­ nel will be allotted. By the Deputy Chief, Policy and Rules Division: 6. Interested parties may file comments on or before February 27, 1989, and reply comments on or before 1. The Commission has before it the petition for rule March 14, 1989, and are advised to read the Appendix for making filed by Coastal Broadcasting, Inc. (petitioner), the proper procedures. Additionally, a copy of such com­ requesting the substitution of Channel 269C2 for Channel ments should be served on the petitioner, or its counsel 269A at Ravenel, South Carolina, and the modification of or consultant. as follows: its license for Station WMGL(FM) to specify operation on the higher powered channel. In addition, petitioner re­ Clifford M. Harrington, Esq. quests the substitution of Channel 256A for Channel Fisher, Wayland, Cooper and Leader 269A at Barnwell, South Carolina, and the modification of Radio Station WBAW, Inc.'s license for Station 1255-23rd Street, N.W., Suite 800 WBAW(FM) to specify operation on the substitute chan­ Washington. D.C. 20037 nel. Ravenel and Barnwell are located approximately 109 (Counsel to petitioner) kilometers apart rather than the required 163 kilometers for co-channel Class A and C2 allotments. Petitioner 7. Accordingly, IT IS ORDERED, That pursuant to states that it will apply for Channel 269C2, if allotted to Section 316(a) of the Communications Act of 1934, as Ravenel. amended, Radio Station WBAW, Inc., licensee of Station 2. Petitioner states that Ravenel is located in the WBA W(FM), Barnwell, South Carolina. SHALL SHOW Charleston, South Carolina, radio market and therefore CAUSE why its license SHOULD NOT BE MODIFIED must compete with the higher powered Class C stations to specify operation on Channel 256A as proposed herein licensed to Charleston and North Charleston. It contends instead of the present Channel 269A. that the upgrading of its facilities would enable it to 8. Pursuant to Section 1.87 of the Commission's Rules, provide an improved level of service to the residents of Radio Station WBAW, Inc. may, not later than February Ravenel and also improve Station WMGL(FM)'s competi­ 27, 1989, file a written statement showing with particular­ tive posture. ity why its license should not be modified as proposed in 3. Channel 269C2 can be allotted to Ravenel in compli­ the Order to Show Cause. The Commission may call on ance with the Commission's minimum distance separation Radio Station WBAW, Inc. to furnish additional informa­ requirements with a site restriction 17 .2 kilometers ( 10. 7 tion. If Radio Station WBAW, Inc. raises a substantial and miles) southwest to accommodate petitioner's desired material question of fact, a hearing may be required to transmitter site. Channel 256A can be allotted to Barnwell resolve such a question pursuant to Section 1.87. Upon in compliance with the Commission's minimum distance review of the statements and/or additional information separation requirements and can be used at Station furnished, the Commission may grant the modification, WBA W(FM)'s present transmitter site. 1 deny the modification, or set the matter of modification 4. We believe the public interest would be served by for hearing. If no written statement is filed by the date proposing the substitution of Channel 269C2 for Channel refered to above, Radio Station WBAW, Inc. will be 269A at Ravenel, South Carolina, and the substitution of deemed to have consented to the modification as proposed Channel 256A for Channel 269A at Barnwell, South in the Order to Show Cause and a final Order will be Carolina. In addition, we shall propose to modify the issued by the Commission, if the above-mentioned chan­ licenses of Stations WMGL(FM) and WBA W(FM) accord­ nel modification is ultimately found to be in the public ingly. In accordance with Section l.420(g) of the Commis­ interest. sion's Rules, we will not accept competing expressions of interest in use of Channel 269C2 at Ravenel or require

439 DA 88-1976 Federal Communications Commission Record 4 FCC Red No. I

9. IT IS FURTHER ORDERED, That the Secretary or incorporates by reference its former pleadings. It SHALL SEND. BY CERTIFIED MAIL. RETURN RE· should also restate its present intention to apply for the CEIPT REQUESTED, a copy of this Notice of Proposed channel if it is allotted and. if authorized, to build a Rule Making and Order to Show Cause to the licensee of station promptly. Failure to file may lead to denial of the Station WBA W as follows: Radio Station WBA W, Inc., request. P.O. Box 447, Barnwell. South Carolina 29812. 3. Cut - off Procedures. The following procedures will 10. The Commission has determined that the relevant govern the consideration of filings in this proceeding. provisions of the Regulatory Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM (a) Counterproposals advanced in this proceeding Table of Allotments. Section 73.202(b) of the Commis­ itself will be considered if advanced in initial com­ sion's Rules. See, Certification Thai Sections 603 and 604 ments, so that parties may comment on them in of the Regulatory Flexibility Act Do Not Apply to Rule reply comments. They will not be considered if Making to Amend Sections 73. 202 (b), 73. 504 and 73. 606 advanced in reply comments. (See Section 1.420(d) (b) of the Commission's Rules, 46 FR 11549, February 9, of the Commission's Rules.) 1981. 11. For further information concerning this proceeding, (b) With respect to petitions for rule making which contact Leslie K. Shapiro, Mass Media Bureau, (202) conflict with the proposal(s) in this Notice, they will 634-6530. For purposes of this restricted notice and com­ be considered as comments in the proceeding, and ment rule making proceeding, members of the public are Public Notice to this effect will be given as long as advised that no ex parte presentations are permitted from they are filed before the date for filing initial com­ the time the Commission adopts a Notice of Proposed ments herein. If they are filed later than that, they Rule Making until the proceeding has been decided and will not be considered in connection with the de­ such decision is no longer subject to reconsideration by cision in this docket. the Commission or review by any court. An ex parte (c) The filing of a counterproposal may lead the presentation is not prohibited if specifically requested by Commission to allot a different channel than was the Commission or staff for the clarification or adduction requested for any of the communities involved. of evidence or resolution of issues in the proceeding. However, any new written information elicited from such 4. Comments and Reply Comments; Service. Pursuant to a request or a summary of any new oral information shall applicable procedures set out in Sections 1.415 and 1.420 be served by the person making the presentation upon the of the Commission's Rules and Regulations, interested other parties to the proceeding unless the Commission parties may file comments and reply comments on or specifically waives this service requirement. Any comment before the dates set forth in the Notice of Proposed Rule which has not been served on the petitioner constitutes an Making to which this Appendix is attached. All submis­ ex parte presentation and shall not be considered in the sions by parties to this proceeding or by persons acting on proceeding. Any reply comment which has not been behalf of such parties must be made in written comments, served on the person(s) who filed the comment, to which reply comments, or other appropriate pleadings. Com­ the reply is directed. constitutes an ex parte presentation ments shall be served on the petitioner by the person and shall not be considered in the proceeding. filing the comments. Reply comments shall be served on the person(s) who filed comments to which the reply is FEDERAL COMMUNICATIONS COMMISSION directed. Such comments and reply comments shall be accompanied by a certificate of service. (See Section l.420(a), (b) and (c) of the Commission's Rules.) 5. Number of Copies. In accordance with the provisions of Section 1.420 of the Commission's Rules and Regula­ Steve Kaminer tions, an original and four copies of all comments, reply Deputy Chief comments, pleadings, briefs, or other documents shall be Policy and Rules Division furnished the Commission. Mass Media Bureau 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 APPENDIX Public Reference Room at its headquarters, 1919 M Street N.W., Washington, D.C. 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 FOOTNOTE the Commission's Rules, IT IS PROPOSED TO AMEND 1 the FM Table of Allotments, Section 73.202(b) of the The coordinates for Channel 269C2 at Ravenel are North Commission's Rules and Regulations, as set forth in the Latitude 32-40-40 and West Longitude 80-23-40. The coordinates Notice of Proposed Rule Making to which this Appendix is for Channel 256A at Barnwell are North Latitude 33-13-25 and attached. West Longitude 81-21-35. 2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice of Proposed Rule Mak­ ing 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

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