*************************************************** 
                         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, itallic, underlining, etc. from the
original document will not show up in this text version.

Features of the orginal 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. 96-226 
Table of Allotments,                    )    RM-8893
FM Broadcast Stations.                       )    
(Sturgis, Kentucky)                )                             
     

                              REPORT AND ORDER
                              (Proceeding Terminated)

     Adopted:  September 2, 1998;                   Released:  September  11, 1998       

By the Chief, Allocations Branch:

     1.  At the request of JoeMyers Productions, Inc. ("petitioner"), the Commission has before it
the Notice of Proposed Rule Making, 11 FCC Rcd 20405 (1996), proposing the allotment of Channel
289A at Sturgis, Kentucky, as the community's first local aural transmission service.  Petitioner filed
comments in support of the proposal reaffirming its intention to apply for the channel, if allotted. 
Comments were also filed by Pinnacle Southeast, Inc. ("Pinnacle"), licensee of Station WYNG(FM),
Channel 287B, Evansville, Indiana.

     2.  In its comments, Pinnacle alleges that Station WYNG(FM) is a pre-1964 grandfathered
short-spaced station whose ability to modify, improve, or relocate its existing facilities is severely
hampered by the Commission's current rules.  Indeed, Pinnacle asserts that Station WYNG(FM)'s
only means of upgrading its facilities and relieving its grandfathered short-spacing situation would be
to move its transmitter away from the direction of the short-spacing.  However, Pinnacle contends that
any available transmitter sites would effectively be blocked by the allotment of Channel 289A at
Sturgis.  Therefore, Pinnacle suggests that since petitioner withdrew its rulemaking proposal for the
allotment of Channel 267A at Princeton, Kentucky, in MM Docket No. 96-204, the channel can now
be allotted to Sturgis in this proceeding.  Pinnacle further contends that the allotment of Channel
267A in lieu of Channel 289A would better serve the public interest because it would permit Station
WYNG(FM) to improve or upgrade its facilities and provide Sturgis with a first local aural service. 
      
     3.  We believe the public interest would be served by allotting Channel 267A at Sturgis,
Kentucky, since it would provide the community with its first local aural transmission service. 
Furthermore, the allotment of alternate Channel 267A would permit Station WYNG(FM) to pursue
its available alternatives for upgrading or maximizing its facilities, and petitioner has interposed no
objection to the allotment of alternate Channel 267A at Sturgis.  An engineering analysis has
determined that Channel 267A can be allotted to Sturgis in compliance with the Commission's
minimum distance separation requirements at city reference coordinates.

     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 October 26, 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.

          Sturgis, Kentucky                         267A    

     5.  A filing window for Channel 267A at Sturgis, 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