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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No. 96-175
Table of Allotments,            )  RM-8850
FM Broadcast Stations.          )
(Strasburg, Colorado)                                              )

                       REPORT AND ORDER 
                    (Proceeding Terminated)                               

   Adopted:  May 7, 1997                Released:  May 16, 1997

  By the Chief, Allocations Branch:
  
      1.  The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 11
  FCC Rcd 10026 (1996), issued in response to a petition for rule making filed by J.P.I. Radio, Inc.
  ("petitioner") proposing the allotment of Channel 249C3 to Strasburg, Colorado, and its
  reservation for noncommercial educational use.  Petitioner filed supporting comments in response
 to the Notice.,   Comments and a counterproposal were filed by Magic City Media, Inc. ("Magic
 City"), licensee of Station KIGN(FM), Channel 250C1, Cheyenne, Wyoming. 
  
  
      2.  As stated in the Notice, petitioner's proposal is premised on a desire to provide
  noncommercial educational service to Strasburg.  However, petitioner advised that the proximity
  of Station KRMA-TV, Channel 6, Denver, Colorado, precluded the availability of noncommercial
  educational channels in the reserved band from which a Class C3 channel could operate to provide
  service to Strasburg.  Therefore, petitioner requested the reservation on Channel 249C3 at
  Strasburg to enable it to achieve its service goal.
  
      3.  The Notice stated that Commission policy generally refrains from reserving channels
  in the commercial band for noncommercial use in allotment proceedings except where the use of
  channels in the reserved band (Channels 201-220) are precluded due to VHF television Channel
  6 interference, or the existence of Mexican or Canadian allocations, citing Butte. Montana, 9 FCC
  Rcd 2180 (1994); Buhl, Montana, 9 FCC Rcd 2606 (1994).  In this instance we have confirmed
  the unavailability of noncommercial educational channels in the reserved band  for allotment to
  Strasburg due to potential interference to Station KRMA-TV, Channel 6, Denver, Colorado. 
  Therefore, the petitioner having met the necessary criteria to reserve a channel in the commercial
  band, we will allot Channel 249C3 to Strasburg and reserve it for noncommercial educational use. 
  
      4.  Channel 249C3 can be allotted to Strasburg consistent 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 10.9 kilometers (6.8 miles) east of the community, utilizing
  coordinates 39-43-13 and 104-11-58.  
  
      5.  In light 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 30, 1997,
  the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with
  regard to Strasburg, Colorado, as follows:
  
                     City           Channel No.
  
               Strasburg, Colorado      *249C3, 272A 
  
  
      6.     IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
  
      7.   For further information concerning the above, contact Nancy Joyner, Mass Media
  Bureau, (202) 418-2180.  Questions related to the application filing process for noncommercial
  educational Channel *249C3 at Strasburg, Colorado, 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