******************************************************** 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. 97-101 Table of Allotments, )RM-9051 FM Broadcast Stations. ) (Mahnomen, Minnesota) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 18, 1997 Released: June 27, 1997 By the Chief, Allocations Branch: 1.The Commission has before it for consideration the Notice of Proposed Rule Making, 12 FCC Rcd 3685 (1997), issued in response to a petition filed by Jimmy D. Birkemeyer ("Birkemeyer"). The Notice proposed the allotment of Channel 268C3 to Mahnomen, Minnesota, as that community's first local broadcast service. Birkemeyer filed comments reaffirming his interest in the allotment of Channel 268C3 at Mahnomen. No other comments were received at the Commission in response to this proposal. 2.We believe the public interest would be served by allotting Channel 268C3 to Mahnomen, Minnesota, as it will provide the community with its first aural transmission service. Channel 268C3 can be allotted to Mahnomen consistent with the minimum distance separation requirements of the Commission's rules provided there is a site restriction 15 kilometers (9.3 miles) northwest of the community. The site restriction will prevent a conflict with Station KCGN-FM, Channel 268C, Ortonville, Minnesota. Since Mahnomen is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence of the Canadian government has been obtained for this allotment. 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 August 11, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed below, as follows: CommunityChannel Number Mahnomen, Minnesota 268C3 4.The window period for filing applications for Channel 268C3 at Mahnomen, Minnesota, will open on August 11, 1997, and close on September 11, 1997. 5.IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6.For further information concerning the above, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 268C3 at Mahnomen, Minnesota, 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