Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b) ) MM Docket No. 96-255 Table of Allotments, ) RM-8960 FM Broadcast Stations. ) RM-9044 (Laramie and Rock River, Wyoming)) REPORT AND ORDER (Proceeding Terminated) Adopted: September 23, 1998 Released: October 2, 1998 By the Chief, Allocations Branch: 1. The Commission has before it the Notice of Proposed Rule Making in this proceeding proposing the allotment of Channel 244A to Laramie, Wyoming. 11 FCC Rcd 21527 (1996). Rule Communications and Mount Rushmore Broadcasting, Inc. ("Mount rushmore") filed Comments. Red Rock Broadcasting filed Comments and Counterproposal. Rule Communications filed Reply Comments. For the reasons discussed below, we are alloting Channel 254A to Laramie, Wyoming, and Channel 240A to Red Rock, Wyoming. 2. At the request of Rule Communications and Mount Rushmore Broadcasting, Inc. ("Mount Rushmore"), the two remaining mutually exclusive applicants for Channel 244A at Laramie, Wyoming, the Notice proposed the allotment of Channel 254A at Laramie, Wyoming, in order that Mount Rushmore may amend its pending application to specify operation on Channel 254A without loss of cut-off protection. In response to the Notice, Red Rock Broadcasting filed a Counterproposal proposing that Channel 254A be allotted to Red Rock, Wyoming. 3. We are allotting Channel 254A to Laramie in order to permit Mount Rushmore to amend its application (File No. BPH-960520MK) without loss of cut-off protection. This will provide a sixth FM service to Laramie and a resolution of a comparative proceeding. See Cheyenne and Saratoga, Wyoming, 11 FCC Rcd 1073 (1996); Casper, Wyoming, 11 FCC Rcd 1071 (1996); see also Bechtel v. Federal Communications Commission, 10 F.3d 875 (D.C. Cir. 1993). We are also allotting alternate Channel 240A to Red Rock as a first local service. 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 November 16, 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. Laramie, Wyoming 236C, 244A, 254A, 275C, 283C2, 288A Rock River, Wyoming 240A 5. The window period for filing applications for the allotment at Rock River, Wyoming, will not be opened at this time. Instead, the issue of opening a filing window for this allotment 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 R. Barthen Gorman, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau