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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. 98-107 Table of Allotments, ) RM-9288 FM Broadcast Stations. ) (Gaylord, Michigan ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 30, 1998 Released: October 9, 1998 By the Chief, Allocations Branch: 1. In response to a petition filed by Darby Advertising, Inc. ("Darby"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 12595 (1998), seeking the substitution of Channel 268A for Channel 237A at Gaylord, Michigan. Darby also requested modification of its license for Station WMJZ to specify operation on Channel 268A in lieu of Channel 237A. Darby filed supporting comments in which it reaffirmed its interest in Channel 268A. Northern Christian Radio, Inc. ("NCR") filed comments and a counterproposal. 2. Darby filed reply comments restating its request to substitute Channel 268A for Channel 237A at Gaylord to allow it to operate at six kilowatts and to eliminate the short spacing that exists between Station WMJZ and the allotment of Channel 238 at Sault Ste. Marie, Ontario, Canada. In response to the comments filed by NCR, Darby contends that Channel 250A could be allotted to Gaylord for other interested parties while reserving Channel 268A for Station WMJZ. Darby also points out that there is no basis for allotting an additional channel on a non-reserved basis to Gaylord as no other parties have committed to filing an application for a construction permit for the station. 3. After a review of the comments filed in this proceeding, we conclude that the public interest will be served by the substitution of Channel 268A for Channel 237A at Gaylord, Michigan, since it will provide improved service to the community. Channel 268A can be allotted to Gaylord in compliance with the Commission's minimum distance separation requirements at Darby's specified site. Since Gaylord is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence of the Canadian government has been obtained for this allotment. In accordance with Darby's request, we shall modify its license to specify operation on Channel 268A. The procedures outlined in Modification of FM & TV Licenses, 98 FCC 2nd 916 (1984), and Section 1.420(g) of the Commission's Rules, do not apply in this case since no upgrade in facilities is contemplated. We believe Channel 268A is equivalent to Channel 237A at Gaylord for allotment purposes. We consider channels of the same class to be equivalent unless showings have been made that a station cannot be constructed for reasons such as environmental consequences or air hazards. See Vero Beach, Florida, 3 FCC Rcd 1049 (1988), rev. denied, 4 FCC Rcd 2184, 2185 (1989). 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 November 23, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed below, as follows: Community Channel Number Gaylord, Michigan 268A, 294C1 5. IT IS FURTHER ORDERED, That pursuant to the authority contained in Section 316(a) of the Communications Act of 1934, as amended, that the license of Station WMJZ, IS MODIFIED, to specify operation on Channel 268A subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in License BLH-860327KD expect for the channel as specified above. Any changes, except those specified, require prior authori- zation pursuant to an application for construction permit. (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with License BLH-860327KD, except for the channel as specified above, and a license applica- tion (Form 302) is filed within 10 days of commencement of program tests. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the application filing process for Channel 268A at Gaylord, Michigan, 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