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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )       MM Docket No. 98-111
Table of Allotments,            )       RM-9299
FM Broadcast Stations.          )
(Elko, Nevada)                  )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted: October 28, 1998            Released: November 6, 1998 

By the Chief, Allocations Branch:

     1.  At the request of L. Topaz Enterprises, Inc. ("petitioner"), the Commission has before
it the Notice of Proposed Rule Making, 13 FCC Rcd 12709 (1998), proposing the allotment of
Channel 233C3 to Elko, Nevada, as the community's third local commercial FM service. 
Comments were filed by the petitioner reiterating its intention to apply for the  channel, if allotted,
and by Holiday Broadcasting of Elko/Humboldt Broadcasting, LLC ("Holiday").

     2.  Holiday, licensee of Stations KRJC(FM) and KTSN(AM), Elko, opposes the allotment
of Channel 233C3.  It states that the community, with a population of 21,000 persons, is already
well served and has no need for an additional service.  Specifically, it states that Elko receives
aural service from two AM stations, two commercial FM stations, one noncommercial educational
FM station and four radio translators.  In addition, Holiday states that the community is served
by one local television station, as well as both cable and satellite television systems and two
newspapers.  

     2.  We believe the public interest would be served by allotting Channel 233C3 to Elko
since it could provide the community with an additional local transmission service.  Channel
233C3 can be allotted to Elko in compliance with the Commission's minimum distance separation
requirements without the imposition of a site restriction. In regard to Holiday's economic
concerns, the Commission has already determined that such issues are not relevant in either a
licensing or allotment context.  See Policies Regarding Detrimental Effects of Proposed New
Broadcast Stations on Existing Stations, 3 FCC Rcd 638 (1988), recon. denied, 4 FCC Rcd 2276
(1989).  Consequently, there is no basis under the current state of Commission precedent for
consideration of those issues.

     3.  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 December 21, 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.

                    Elko, Nevada             229C2, 233C3, 237C1

     4.  A filing window for Channel 233C3 at Elko, Nevada, 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.  

     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