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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. 98-144 Table of Allotments, ) RM-9329 FM Broadcast Stations. ) (Buxton, North Carolina) ) MM Docket No. 98-145 ) RM-9330 REPORT AND ORDER (Proceeding Terminated) Adopted: January 6, 1999 Released: January 15, 1999 By the Chief, Allocations Branch: 1. At the request of Buxton Communications Company ("Buxton Communications"), the Commission has before it the Notice of Proposed Rule Making, 13 FCC Rcd 14004 (1998), proposing the allotment of Channel 260A to Buxton, North Carolina, as the community's first local aural service (MM Docket 98-144). At the request of Buxton Radio Group ("Buxton Radio"), the Commission also has before it the Notice of Proposed Rule Making, 13 FCC Rcd 14009 (1998), proposing the allotment of Channel 268A to Buxton, as the community's first or second local aural service (MMDocket No. 98-145). Both Buxton Communications and Buxton Radio filed comments reiterating their intention to apply for the channel, if allotted. No other comments were received. 2. In the Notices, we recognized that Buxton, which is located on Hatteras Island, is listed in the Rand McNally Atlas with a year-round population of 1,300 persons, and according to the petitioner, this population swells to several thousand during the spring, summer and autumn months. However, because Buxton is not listed in the U.S. Census, both Buxton Communications and Buxton Radio were requested to provide further evidence to support a finding that Buxton is a community for allotment purposes. 3. In response, the petitioners state that, according to the Dare County Tax Assessor's Office, there are 132 businesses which identify solely with the town of Buxton. These businesses, which they state depend upon the town's residents for their existence, include supermarkets, hotels, motels, gift shops, restaurants, plumbers, electricians, attorneys, artists, hardware stores, lumber yards, concrete and gravel companies, fishing cooperatives, daycare centers and furniture makers. In addition, it is noted that the U.S. Coast Guard base for Hatteras Island is located in Buxton. Buxton Communications and Buxton Radio also reiterate that Buxton has its own post office and zip code, its own fire department and numerous churches, as well as the Hatteras Island School, which is the public school for grades K through 12. They also contend that Buxton is isolated from the other towns on Hatteras Island. For example, they state that Buxton is located approximately 15 miles south of Avon and 15 miles north of Frisco with nothing but uninhabited beach and wetlands between the three communities. Therefore, they state that the residents consider Buxton to be a separate and distinct community. 4. We believe the public interest would be served by allotting Channel 260A and Channel 268A to Buxton, North Carolina, as the community's first and second local aural services. We find that Buxton Communication and Buxton Radio have provided sufficient information to find that Buxton is a community for allotment purposes. See, Redwood, Mississippi, 13 FCC Rcd 13886 (1998). Both Channel 260A and Channel 268A can be allotted to Buxton in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. 5. 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 March 1, 1999, 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. Buxton, North Carolina 260A, 268A 6. A filing window for Channel 260A and Channel 268A at Buxton, North Carolina, will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order. 7. IT IS FURTHER ORDERED, That these proceedings ARE TERMINATED. 8. For further information concerning these proceedings, 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