******************************************************** 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, italic, underlining, etc. from the original document will not show up in this text version. Features of the original 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. 98-49 Table of Allotments, ) RM-9248 FM Broadcast Stations. ) (Las Vegas, New Mexico) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 30, 1998 Released: October 9, 1998 By the Chief, Allocations Branch: 1. At the request of BK Radio ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 13 FCC Rcd 7185 (1998), proposing the allotment of Channel 268A and Channel 275A to Las Vegas, Nevada, as the community's fourth and fifth local commercial FM channels. Comments were filed by the petitioner and Meadows Media, LLC ("Meadows"). 2. As stated in the Notice, petitioner is one of three applicants for Channel 244A at Las Vegas and the allotment of Channels 268A and 275A would accommodate each applicant's desire for a channel in Las Vegas and avoid a comparative hearing. Both petitioner and Meadows support the allotment of Channels 268A and 275A stating that they will amend their applications to specify the alternate channels. Both parties state that the allotment of the additional channels will enable Las Vegas to receive additional local service sooner than would be possible under the present allotment scheme. As pointed out by Meadows, the current comparative proceeding for Channel 244A is frozen since the parties were unable to reach a settlement during the waiver "window" which closed on February 1, 1998. Therefore, unless petitioner's plan is granted, a substantial amount of time may pass before any of the current applicants has a final grant for Channel 244A. 3. We believe the public interest would be served by allotting Channels 268A and 275A to Las Vegas since it could provide the community with additional local aural service. Channels 268A and 275A can be allotted to Las Vegas in compliance with the Commission's minimum distance separation requirements and utilized at the transmitter site specified by both the petitioner and Meadows in their pending applications, which is located 3.9 kilometers (2.4 miles) west of the community. We will also permit petitioner and Meadows to modify their applications (BPH- 960829MH and BPH-960829MG) to specify Channel 268A and Channel 275A, respectively, and retain their cut-off protection. See Copeland, Kansas, 5 FCC Rcd 7682 (1990). 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, with respect to the community listed below, to read as follows: City Channel No. Las Vegas, New Mexico 244A, 251C, 264C3, 268A, 275A 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau