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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. 96-215 Table of Allotments, ) RM-8898 FM Broadcast Stations. ) RM-8924 (Anamosa and Asbury, Iowa) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 26, 1997 Released: December 5, 1997 By the Chief, Allocations Branch: 1. At the request of Susan I. Coloff ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 13881 (1996), proposing the allotment of Channel 239A to Anamosa, Iowa, as the community's first local FM service. Petitioner and Philip T. Kelly ("Kelly") filed comments supporting the allotment of Channel 239A at Anamosa. A counterproposal was filed by Sports America Radio Network ("Sports America"). Petitioner filed reply comments. Responsive comments to the counterproposal were filed by Sports America and petitioner. 2. In its counterproposal, Sports America requests the allotment of Channel 238C3 to Asbury, Iowa. The allotment of Channel 238C3 will provide Asbury with its second transmission service. 3. In reply, petitioner states that the community of Anamosa, Iowa, should be preferred to the community of Asbury, Iowa, pursuant to the allotment priorities set forth in Revision of FM Assignment Policies and Procedures ("FM Assignment Policies"), 90 FCC 2d 88 1(1982). She argues that an allotment to Anamosa would provide the community with its only local broadcast outlet, while Asbury is already served by Station KIKR(FM). Petitioner notes that Anamosa has a population of 5,100 persons, while Asbury's population is 2,201. Petitioner further states that Anamosa is the County Seat of Jones County and a station located at Anamosa would also be the only broadcast service within the county. 4. In a supplement, Sports America states that it is willing to accept Channel 238A at Asbury in lieu of Channel 238C3. With site restrictions, Sports America advises that Channel 238A can be allotted to Asbury and Channel 239A can be allotted to Anamosa. 5. Based on the record before us, we believe that the public interest would be served by allotting Channel 238A to Asbury, Iowa, and Channel 239A to Anamosa, Iowa. This will provide Anamosa with its first local service and a second local service to Asbury. 6. We reject the three arguments advanced by the petitioner directed against this action. With respect to the procedural argument advanced by the petitioner, we will accept the Supplement and petitioner's reply to that supplement. In addition to not delaying resolution of this proceeding, this enables us to resolve this proceeding on the basis of a complete record and consider the public interest benefits of all possible resolutions. Second, Channel 238A is not "an entirely new proposal" as argued by the petitioner. Channel 238A is an alternate channel to the originally proposed Channel 238C3 and within the scope of this proceeding. Third, petitioner's argument concerning the availability of a transmitter site for a Channel 239A allotment at Anamosa is unpersuasive. This site is 6.2 kilometers (3.9 miles) southwest of Anamosa. Petitioner asserts that acquiring a transmitter site within a "tiny area" would be "at best, problematic." In this regard, at the allotment stage, we only require that a theoretical transmitter site exist from which a station can be operated in compliance with our rules. See e.g. West Palm Beach, Florida, 3 FCC Rcd 5810 (1988), recon. denied, 6 FCC Rcd 6975 (1991); Stamping Ground, Kentucky, 5 FCC Rcd 1772 (1990). In this instance, we find that petitioner has not established that the theoretical site is infeasible or that there are no feasible sites for the allotment, but rather it has advanced its site preference. We have confirmed that a site for the allotment of Channel 239A does exist and meets all of the Commission's technical requirements. 7. 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 January 20, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Channel No. Anamosa, Iowa 239A Asbury, Iowa 277C3, 238A 8. A filing window for Channel 239A at Anamosa and Channel 238A at Asbury will not be opened a this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order. 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau