FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,332
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-469
Amendment of Section 73.202(b), RM-5485
Table of Allotments,
FM Broadcast Stations.
(Hilton Head Island, South Carolina)
NOTICE OF PROPOSED RULE MAKING AND ORDER
TO SHOW CAUSE
Adopted: November 20, 1986 Released: December 31, 1986
By the Acting Chief, Policy and Rules Division:
1. The Commission has before it the petition for rule
making filed by Jesse N. Williams, Jr. ("petitioner") requesting
the substitution of Channel 291C2 for Channel
288A and the substitution of Channel 300A for Channel
292A at Hilton Head Island, South Carolina. Petitioner,
permittee of a new station on Channel 288A at Hilton
Head Island, also requests the modification of its .permit
to specify operation on the higher powered channel.' He
states that he will promptly file an application specifying
the new facilities should the channel be allocated.
2. Channel 291C2 can be allocated to Hilton Head
Island in compliance with the Commission's minimum
distance separation requirements with a site restriction of
28.8 kilometers (17.9 miles) north to avoid a shortspacing
to Station WIXV, Channel 238 at Savannah,
Georgia.2 Channel 292A at Hilton Head Island is licensed
to Station WHHR. Channel 300A can be allocated to
Hilton Head Island and used at Station WHHR's present
location contingent upon the grant of a license to Station
WKOB, Channel 298 at St. George, South Carolina, specifying
Class C facilities for which a construction permit is
outstanding. Petitioner states that he will reimburse Station
WHHR for the reasonable costs involved in changing
frequency. In view of this contingency neither of the
channel substitutions requested herein can be effectuated
until the St. George license is issued.
3. As requested, we shall propose to modify petitioner's
permit to specify operation on Channel 291C2. In view of
the action taken in MM Docket 85-313, 51 FR 20290,
June 4, 1986, it is no longer necessary to demonstrate the
availability of an additional equivalent channel in this
type of proceeding. See Section 1.420(g) of the Commission's
4. In view of the fact that the proposed allotment could
provide Hilton Head Island with a wide coverage area
service, we propose to amend the FM Table of Allotments,
Section 73.202(b) of the Commission's Rules, for
the community listed below, to read as follows:
Hilton Head Island,
5. IT IS ORDERED, That pursuant to Section 316 of
the Communications Act of 1934, as amended, Hilton
Head Broadcasting Corp., the licensee of Station WHHR,
Hilton Head Island, South Carolina, SHALL SHOW
CAUSE why its license should not be modified to specify
operation on Channel 300A in lieu of Channel 292A.
6. Pursuant to Section 1.87 of the Commission's Rules,
Hilton Head Broadcasting Corp. may, not later than February
19. 1987, request that a hearing be held on the
proposed modification. If the right to request a hearing is
waived, Hilton Head Broadcasting Corp. may, not later
than February 19, 1987, file a written statement showing
with particularity why its license should not be modified
as proposed in the Order to Show Cause. In this case, the
Commission may call on Hilton Head Broadcasting Corp.
to furnish additional information. designate the matter for
hearing, or issue, without further proceedings, an Order
modifying the license as provided in the Order to Show
Cause. If the right to request a hearing is waived and no
written statement is filed by the date referred to above,
Hilton Head Broadcasting Corp. will be deemed to have
consented to the modification as proposed in the Order to
Show Cause and a final Order will be issued by the
Commission, if the above-mentioned channel modifications
are ultimately found to be in the public interest.
7. IT IS FURTHER ORDERED, That the Secretary of
the Commission SHALL SEND by Certified Mail, Return
Receipt Requested, a copy of this Order to the following:
Hilton Head Broadcasting Corp.
P.O. Box 3110
Hilton Head Island, South Carolina 29928
8. 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.
9. Interested parties may file comments on or before
February 19, 1987, and reply comments on or before
March 6 , 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:
Jerrold Miller, Esq.
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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/m1/71/: accessed March 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.