******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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. 96-145 Table of Allotments, ) RM-8831 FM Broadcast Stations. ) (Battle Mountain, Nevada) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 12, 1997 Released: March 21, 1997 By the Chief, Allocations Branch: 1. At the request of Battle Mountain Communications ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 7672 (1996), proposing the allotment of Channel 253A to Battle Mountain, Nevada, as the community's first local aural service. Petitioner filed comments reiterating its intention to apply for the channel, if allotted. No other comments were received. 2. We believe the public interest would be served by allotting Channel 253A to Battle Mountain since an interest has been expressed in providing the community with its first local aural service. Channel 253A can be allotted to the community in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. 3. 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 May 5, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Battle Mountain, Nevada 253A 4. The window period for filing applications will open on May 5, 1997, and close on June 5, 1997. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau