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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. 98-31 Table of Allotments, ) RM-9227 FM Broadcast Stations. ) (Johnstown and Altamount, New York)) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 24, 1998 Released: June 29, 1998 By the Chief, Allocations Branch: 1. The Commission has before it the Notice of Proposed Rule Making in this proceeding. 13 FCC Rcd 4702 (1998). Hometown Broadcasting Corp. ("Hometown Broadcasting") filed Comments. For the reasons discussed below, we are reallotting Channel 285A from Johnstown to Altamount, New York, and are modifying the license of Station WSRD to specify Altamount as the community of license. Background 2. At the request of Hometown Broadcasting, licensee of Station WSRD, Channel 285A, Johnstown, New York, the Notice proposed the reallotment of Channel 285A to Altamount, New York, and modification of the Station WSRD license to specify Altamount as the community of license. This request was filed pursuant to Section 1.420(i) of the Commission's Rules which permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file a competing expression of interest. See Modification of FM and TV Authorizations to Specify a New Community of License, ("Community of License"), 4 FCC Rcd 4870 (1989); recon. granted in part, 5 FCC Rcd 7094 (1990). In considering a reallotment proposal, we compare the existing allotment versus the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM allotment priorities set forth in Revision of FM Assignment Policies and Priorities ("FM Priorities"), 90 FCC 2d 88 (1988). 3. We believe that the public interest will be served by the reallotment of Channel 285A to Altamount, New York, and the modification of the Station WSRD license to specify Altamount as the community of license. This will provide Altamount with a first local service under Priority (3) while Johnstown will continue to receive local service from Station WIZR. This will also result in a net gain of service to 295,397 persons in an area of 347 square kilometers. In regard to the loss area, there will be no population receiving fewer than three aural services and in excess of 96% of the population within the loss area will receive at least five aural services. See Wray and Otis, Colorado, 13 FCC Rcd 2612 (1998); Homestead and North Miami Beach, Florida, 10 FCC Rcd 13149 (1995). In view of the above, the reallotment of Channel 285A from Johnstown to Altamount, New York, will result in a preferential arrangement of allotments as required by Community of License. 4. Accordingly, and 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 14, 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. Johnstown, New York ----- Altamount, New York 285A 5. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Hometown Broadcasting Corp. for Station WSRD, IS MODIFIED to specify operation on Channel 285A at Altamount, New York, in lieu of Channel 285A at Johnstown, New York, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for construction permit (FCC Form 301), to specify the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Sections 1.1104(1)(k) and 1.1104(2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As a result of this proceeding, Hometown Broadcasting Corp., licensee of Station WSRD, is required to submit a rulemaking fee in addition to the fee required to implement the change in community of license to Altamount, New York. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Robert Hayne, Mass Media Bureau, (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau