FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,270
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Federal Communications Commission Record
basis of minimum distance separation requirements and
stations are protected from undue interference based on
these distances alone. Thus, while the substitution of
channels at Baxter Springs could extend reception of
Station KBLT's signal beyond its normally protected contour,
we do not find that this is an adequate reason to
deny the allocation of Channel 298C2 to Ketchum.
7. Based on the above discussion, we believe that Channel
298C2 should be allocated to Ketchum as the community's
first local FM service. Channel 298C2 can be
allocated in compliance with the Commission's minimum
distance separation and other technical requirements if
the transmitter is restricted to an area at least 14.3
kilometers (8.9 miles) northwest. Accordingly, pursuant
to the authority contained in Sections 4(i), 5(c)(1), 303(g)
and (r) and 307(b) of the Communications Act of 1934, as
amended, and Sections 0.61, 0.204 and 0.283 of the Commission's
Rules, IT IS ORDERED, That effective February
6, 1986, the FM Table of Allotments, Sections of
73.202(b) of the Commission's Rules, IS AMENDED for
the Community listed below, to read as follows:
2 The Commission's rules do not contemplate the filing of
pleadings after the expiration of the comment and reply comment
periods. Here, the Commission is in receipt of the following
pleadings submitted after the record had closed: (1)
"Supplemental Comments" filed by Burge, (2) "Comments of
LeeMay Broadcasting Services, Inc. to 'Reply Comments' of HCI
Acquisition Corporation" filed by LeeMay; (3) "Motion to
Strike" LeeMay's comments to HCI's reply comments, filed by
Burge; (4) "Response of LeeMay Broadcasting Services, Inc. to
Motion to Strike," filed by LeeMay; and (5) "Reply" to
LeeMay's response to Motion to Strike filed by Burge. Accordingly,
none of of these pleadings will be considered.
8. IT IS FURTHER ORDERED, That this proceeding
9. The period for filing applications for this allocation
will open on February 9, 1987, and close on March 9,
10. For further information concerning this proceeding,
contact Leslie K. Shapiro, Mass Media Bureau, (202)
FEDERAL COMMUNICATIONS COMMISSION
Ralph A. Haller
Acting Chief, Policy and Rules Division
Mass Media Bureau
LeeMay's reply comments were accompanied by a request
for their acceptance. It states that on March 14, 1986, it filed an
application to transfer control of PBL's AM Station KVIN,
Vfnita, Oklahoma, and that this application has the "practical
effect" of making LeeMay the party in interest for the Ketchum
allotment in lieu of PBL. It states that the pendency of the
application caused a delay in the forwarding of HCI's counterproposal
to LeeMay. It believes that the public interest would be
served by consideration of its untimely reply comments. We
disagree. While the transfer of control application was filed
prior to the close of the comment period, neither PBL nor
LeeMay placed in the record any pleading notifying the Commission
and interested parties of a change in the petitioner.
Additionally, while there may have been a delay in obtaining a
copy of HCI's comments and counterproposal from PBL, there
is no reason why LeeMay was dependent upon PBL at all, since
the Notice of Proposed Rule Making and related pleadings were
available from the Commission. We will, therefore, not consider
LeeMay's late-filed reply comments.
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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/m1/9/: accessed March 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.