FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,326
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DA 86-328 Federal Communications Commission Record
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Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-454
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations.
4. In view of the above, the Commission believes it is in
the public interest to seek comments on the proposal to
allocate Channel 246A to Frostburg, Maryland, and reserve
the channel for noncommercial educational use.
The allotment could provide a second noncommercial
educational service to Frostburg. Accordingly, we propose
to amend the FM Table of Allotments, Section 73.202(b)
of the Commission's Rules, for the community listed
NOTICE OF PROPOSED RULE MAKING
Adopted: November 20, 1986 Released: December 31, 1986
By the Acting Chief, Policy and Rules Division:
1. The Commission has before it for consideration the
petition for rule making filed by He's Alive, Inc.
("petitioner"), requesting the allotment of FM Channel
246A to Frostburg, Maryland. Petitioner also requests that
the channel be reserved for noncommercial educational
use. He's Alive, Inc. stated its intention to apply for the
channel if it is reserved for noncommercial use.
2. He's Alive, Inc., in support of its request, states that
none of the 20 reserved noncommercial educational channels
are available for use in the Frostburg area, and if the
community is ever to have an additional educational
channel, the allocation must come from one of the nonreserved
commercial channels. According to petitioner
the noncommercial educational frequencies are unavailable
due to the proximity of Station WJAC-TV, Channel
6, Johnstown, Pennsylvania, and other nearby noncommercial
educational stations. A staff engineering study
confirms that, using the center city coordinates for Frostburg,
Maryland, any of the 20 noncommercial educational
channels would be within the Grade B contour of
Station WJAC-TV, Johnstown, Pennsylvania. Section
73.525(a)(1) of the Rules requires a minimum of 154
kilometers distance to avoid interference to television
Channel 6. FM Channel 220 is the only noncommercial
channel which comes close to that requirement and it is
75 kilometers short of the required 154 kilometer separation.
However, since no reserved channels are available
for use at Frostburg, the allocation and reservation of a
commercial channel is the only way to provide a second
noncommercial educational station for the Frostburg
area. The Commission has in similar situations reserved a
commercial frequency for noncommercial educational
use. See, Comobabi, Arizona, 47 FR 32717, July 29. 1982,
and Burlington and Newport, Vermont, 45 R.R. 2d 786
3. Channel 246A can be allocated to Frostburg, Maryland,
in compliance with the minimum distance separation
requirements of Section 73.207 of the Commission's
Rules. Since the allotment of FM Channel 246A to Frostburg
is within 320 kilometers (200 miles) of the common
U.S.-Canadian border, concurrence of the Canadian government
5. 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. NOTE: A
showing of continuing interest is required by paragraph 2
of the Appendix before a channel will be allotted.
6. Interested parties may file comments on or before
February 23, 1987, 1987, and reply comments on or
before March 10, 1987 , and are advised to read the
Appendix for the proper procedures. Additionally, a copy
of such comments should be served on the petitioners, or
their counsel or consultant, as follows:
Lee J. Peltzman
Baraff, Koerner, Olender
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United States. Federal Communications Commission. FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1579/m1/65/: accessed July 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.