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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No. 97-236
Table of Allotments,            )  RM-9186
FM Broadcast Stations.          )
(Point Arena, California)                                              )

                       REPORT AND ORDER 
                    (Proceeding Terminated)                               

   Adopted:  June 17, 1998              Released:  June 26, 1998

 By the Chief, Allocations Branch:
 
     1.   The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 12
 FCC Rcd 20153 (1997), issued in response to a petition filed on behalf of Point Broadcasting
 ("petitioner") proposing the allotment of Channel 296B1 to Point Arena, California, as that
 community's second local FM service.  Petitioner filed supporting comments in response to the
 Notice.  Del Mar Trust ("Del Mar") also filed supporting comments.  No other comments were
 received.
 
     2.  As stated in the Notice, petitioner is one of two applicants for Channel 272B1 at Point
 Arena, California.  In order to eliminate the conflict between the two cut-off applications, 
 petitioner seeks the additional allotment of Channel 296B1 to Point Arena to accommodate each
 applicants' request for a Class B1 channel.  As comparative licensing procedures are currently
 suspended, the Commission is unable to designate these applications for a hearing or otherwise
 resolve their mutual exclusivity.  See Bechtel v. Federal Communications Commission, 10 F.3d 875
 (D.C. Cir. 1993).  Therefore, and as the Notice indicated the availability of an additional Class B1
 channel at Point Arena in the event other expressions of interest were received, we also proposed
 to permit petitioner to amend its application (File No. BPH-940223MC) to specify operation on
 Channel 296B1 with cut-off protection.
 
     3.  In support of the proposal, Del Mar urges that as Channel 296B1 may be utilized at the
 site specified in the petitioner's pending application, that the application be modified by an order if
 the proposed allotment is granted.  Del Mar adds that its support for the addition of Channel 296B1
 at Point Arena is conditioned on its application being acted upon as a non-mutually exclusive, cut-
 off, application upon the effectiveness of the proposed Channel 296B1 allotment.  
 
 
     4.  In consideration of the above, and in view of the petitioner's stated interest in providing
 a second local FM service to Point Arena, while simultaneously avoiding the necessity for a
 comparative hearing, we will allot Channel 296B1 to that community for its use as requested, in
 conformity with prior Commission precedent.  Channel 296B1 can be allotted to Point Arena
 consistent with the minimum distance separation requirements contained in Section 73.207(b)(1)
 of the Commission's Rules at the city reference location at coordinates North Latitude 38-54-42
 and West Longitude 123-41-24.  Channel 296B1 may also be used at the petitioner's currently
 specified site for Channel 272B1 at coordinates North Latitude 39-01-22 and 123-31-17. 
 Moreover, as no other expressions of interest for a Class B1 channel at Point Arena were filed in
 this proceeding, petitioner will be permitted to amend its application (File No. BPH-940223MC)
 to specify operation on Channel 296B1 while retaining cut-off protection.  See Cheyenne and
 Saratoga, Wyoming, 11 FCC Rcd 1073 (1996). 
 
     5.  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 10, 1998, the FM Table
 of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to Point
 Arena, California, as listed below: 
 
                    City           Channel No.
     
               Point Arena, California  272B1, 296B1
 
     6.   IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
     7.  For further information concerning the above, contact Nancy Joyner, Mass Media
 Bureau, (202) 418-2180.  
                                        
                    FEDERAL COMMUNICATIONS COMMISSION
 
 
 
 
                    John A. Karousos
                    Chief, Allocations Branch
                    Policy and Rules Division
                    Mass Media Bureau