******************************************************** 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. 97-228 Table of Allotments, ) RM-9163 FM Broadcast Stations. ) (Pima, Arizona) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 13, 1998 Released: May 22, 1998 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 12 FCC Rcd 18060 (1997), issued in response to a petition for rule making filed on behalf of R. A. Montierth Enterprises, L.L.C. ("petitioner") proposing the allotment of FM Channel 296A to Pima, Arizona, an incorporated community, as a first local aural transmission service at that locality. Petitioner filed supporting comments in response to the Notice. No other comments were received. 2. In light of the interest expressed in providing a first local aural transmission service to Pima, Arizona, we will allot Channel 296A to that community, as requested. 3. As stated in the Notice, Channel 296A can be allotted to Pima, Arizona, consistent with the minimum distance separation requirements of Section 73.207(b)(1) and (3) of the Commissions Rules without a site restriction, at coordinates 32-53-36 and 109-49-42. As Pima is located within 320 kilometers (199 miles) of the U.S.-Mexico border, the Commission obtained concurrence of the Mexican government to the requested allotment of Channel 296A to that 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 July 6, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to Pima, Arizona, as follows: City Channel No. Pima, Arizona 296A 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. A filing window for Channel 296A at Pima, Arizona, 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. 7. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the 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