******************************************************** 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. 95-127 Table of Allotments, ) RM-8676 FM Broadcast Stations. ) RM-8726 (Avra Valley, Comobabi, Florence, Oracle, ) Oro Valley, and San Carlos, Arizona) ) SECOND REPORT AND ORDER (Proceeding Terminated) Adopted: April 30, 1997 Released: May 9, 1997 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making, 10 FCC Rcd 8247 (1995), issued in response to a petition filed on behalf of Rita Bonilla ("petitioner") proposing the allotment of Channel 277A to Oro Valley, Arizona, as that community's second local FM service. 2. The First Report and Order ("First Report"), 12 FCC Rcd 1202 (1997), was issued in this proceeding with respect to a conflicting proposal to change the community of license of Station KCDX(FM) from San Carlos to Florence, Arizona, as a first local aural transmission service, with related substitutions at Oracle and Comobabi, Arizona. Additionally, in the First Report, we advised that alternate Channel 270A had been proposed at Oro Valley to accommodate the petitioner's desire to provide a second local FM service to that community. However, as Oro Valley is located within 320 kilometers (199 miles) of the U.S.-Mexico border, the First Report advised that final action on the proposal to allot Channel 270A to that community was deferred pending receipt of the necessary concurrence thereto by the Mexican government, as required by the terms of the US/Mexico FM Broadcasting Agreement ("Agreement"). The requested consent remains outstanding. In light of the prolonged pendency of this proceeding, yet in an effort to introduce a new FM service to Oro Valley, we shall grant the proposal with the following interim condition: "Operation with the facilities specified herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement." 3. Channel 270A can be allotted to Oro Valley, Arizona, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) and (3) of the Commission's Rules, utilizing city reference coordinates at 32-23-27 NL and 110-57-57 WL. 4. In view of the above, and 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 June 23, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to Oro Valley, Arizona, as follows: City Channel No. Oro Valley, Arizona 248A, 270A 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. The window period for filing applications for Channel 270A at Oro Valley, Arizona, will open on June 23, 1997, and close on July 24, 1997. 7. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 270A at Oro Valley, Arizona, 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