******************************************************** 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. 97-66 Table of Allotments, ) RM-8997 FM Broadcast Stations. ) (Fredonia, Kentucky) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 28, 1998; Released: February 6, 1998 By the Chief, Allocations Branch: 1. At the request of JoeMyers Production ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 1921 (1997), proposing the allotment of Channel 221A at Fredonia, Kentucky, as the community's first local aural transmission service. Petitioner filed comments and supplemental comments in support of the proposal reaffirming its intention to apply for the channel, if allotted. An untimely "Informal Objection" was filed by David Glass, President of Dart Incorporated, licensee of Station WAVJ(FM), Channel 285A, Princeton, Kentucky. Petitioner filed an opposition to the "Informal Objection." 2. In its supplement comments, petitioner states that Fredonia is an incorporated community with a 1990 U.S. Census population of 470 persons. Petitioner further states that Fredonia has it own mayor and city council. It has its own volunteer fire department and a post office. The community also has two medical clinics, a pharmacy, a farm supply store, and several specialty shops. Petitioner asserts that many of the businesses serving Fredonia contain the name of "Fredonia" in their business name (e.g., Fredonia Valley Ban, Fredonia Car Wash, Fredonia Food and More). 3. We believe the public interest would be served by allotting Channel 221A at Fredonia, Kentucky, since it would provide the community with its first local aural transmission service. An engineering analysis has determined that Channel 221A can be allotted to Fredonia in compliance with the Commission's minimum distance separation requirements with a site restriction of 6.2 kilometers (3.8 miles) northeast to avoid short-spacings to the licensed sites of Station WYNU(FM), Channel 222C, Milan, Tennessee, Station WBKR(FM), Channel 223C, Owensboro, Kentucky, and Station WMJL-FM, Channel 274A, Marion, Kentucky. 4. Accordingly, pursuant to the authority found 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 March 23, 1998, 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. Fredonia, Kentucky 221A 5. A filing window for Channel 221A at Fredonia, Kentucky, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process 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