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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 96-50 Table of Allotments, ) RM-8768 FM Broadcast Stations. ) (Nikiski, Alaska) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 14, 1997 Released: February 21, 1997 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making(Notice), 11 FCC Rcd 3553 (1996), issued in response to a petition filed by William F. Glynn, Jr. ("petitioner") proposing the allotment of Channel 227C2 to Nikiski, Alaska, as that community's first local aural transmission service. Petitioner filed supporting comments in response to the Notice. Comments were also filed on behalf of Chester P. Coleman ("Coleman"), followed by an Erratum. Petitioner filed reply comments. No other comments were received. 2. Although Coleman supports the allotment of a Class C2 channel to Nikiski, and indicates his intention to file an application for such if allotted, he requests that either alternate Channel 283C2 or 284C2 be allotted instead of proposed Channel 227C2. In support, Coleman states that unlike Channel 227C2, as either of the alternate Class C2 channels he has suggested could be allotted to Nikiski without a site restriction, or a very minimal one, his proposal would result in a more efficient use of the spectrum, as potential applicants would be afforded greater flexibility in site selection. 3. In response, petitioner insists that as proposed Channel 227C2 can be allotted to Nikiski consistent with Sections 73.207(b) and 73.315 of the Commission's Rules, and in the absence of an overwhelming demonstration of the alleged superiority of either suggested Channel 283C2 or 284C2, the site restriction attached to Channel 227C2 is not remarkably sufficient to justify the consideration of Coleman's alternate proposal. 4. While the Commission endeavors to allot the least restrictive channel possible to a community, we are guided by the overall public interest benefits to be attained by the proposal under consideration. In this instance, we believe that Channel 227C2 is equivalent to Channel 283C2 or 284C2 for allotment purposes. The Commission considers channels to be equivalent provided they are of the same class distinction, would comply with the minimum spacing criteria, and would enable a broadcast facility to provide 70 dBu coverage to the proposed allotment community. See Vero Beach, Florida, 3 FCC Rcd 1049 (1988), rev. denied, 4 FCC Rcd 2184, 2185 (1989). Although we would consider other pertinent factors which might preclude a finding of channel equivalency, such as environmental effects, zoning considerations, or aeronautical hazards which would prevent a station from constructing on a particular channel, Coleman has not presented documented information to indicate that any of the enumerated considerations are present within the area designated to accommodate a tower for Channel 227C2 at Nikiski, or demonstrated that the site restriction would reduce the potential population coverage to be served by a station operating thereon vis-`a-vis other Class C2 channels. Accordingly, as Coleman has not established that the site restriction attached to Channel 227C2 would lessen greatly the flexibility of potential applicants to obtain a suitable transmitter site and to operate consistent with the technical requirements of the Commission's Rules, the alleged superiority of either Channel 283C2 or 284C2 has not been demonstrated. 5. In consideration of the above, we will allot Channel 227C2 to Nikiski based upon the interests expressed in providing a first local aural transmission service to that community. As stated in the Notice, Channel 227C2 can be allotted to Nikiski in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter therefor is located at least 11 kilometers (6.8 miles) south of the community at coordinates 60-35-40 and 151-20-00. The site restriction is required to avoid a short-spacing to the allotment reference site for Channel 225C, Anchorage, Alaska, at coordinates 61-13-06 and 149-53-30. 6. 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(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective April 7, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED to include Nikiski, Alaska, as follows: City Channel No. Nikiski, Alaska 227C2 7. IT IS FURTHER ORDERED, That the above proceeding IS TERMINATED. 8. The window period for filing applications for Channel 227C2 at Nikiski, Alaska, will open on April 7, 1997, and close on May 8, 1997. 9. For further information concerning the rule making proceeding, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 227C2 at Nikiski, Alaska, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau