******************************************************** 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. 97-188 Table of Allotments, ) RM-9137 FM Broadcast Stations. ) (Macon, Mississippi) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: April 22, 1998 Released: May 1, 1998 By the Chief, Allocations Branch: 1. At the request of Team Broadcasting Company, Inc. ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 23 (1997), proposing the allotment of Channel 244A to Macon, Mississippi. Metro Radio, Inc. filed supporting comments. Colon Johnston ("Johnston") filed a counterproposal. Petitioner filed comments requesting the dismissal of its petition for rule making. 2. As an initial matter, our follow up technical review indicates that the proposed allotment of Channel 244A at Macon is short-spaced to a one-step upgrade application filed by Station WKXK(FM) for Channel 244C2 at Pine Hill, Alabama. However, a staff engineering study indicates that the mutual exclusivity between petitioner's proposal and Station WKXK's application can be resolved by the allotment of alternate channel to Macon. 3. Based upon the above, we believe the public interest will be served by the allotment of a first local FM service to Macon. In view of the interest expressed by Metro Radio in providing Macon with this service, we will allot Channel 263A in lieu of Channel 244A to avoid the short-spacing conflict with the pending one-step application filed by Station WKXK. Channel 263A can be allotted to Macon in compliance with the Commission's minimum distance separation requirements with a site restriction of 9.8 kilometers (6.1 miles) west of the community. 4. 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 June 15, 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. Macon, Mississippi 263A 5. A filing window for Channel 263A at Macon, Mississippi, 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 Pam Blumenthal, 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