******************************************************** 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. 98-140 Table of Allotments, ) RM-9294 FM Broadcast Stations. ) RM-9373 (Pauls Valley and Wynnewood, Oklahoma)) REPORT AND ORDER (Proceeding Terminated) Adopted: January 6, 1999 Released: January 15, 1999 By the Chief, Allocations Branch: 1. At the request of Wright & Wright ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 13 FCC Rcd 13900 (1998), proposing the allotment of Channel 283A to Pauls Valley, as the community's first or second local FM service. Petitioner filed comments reiterating its intention to apply for the channel, if allotted. Comments and a counterproposal was filed by Suelou, Inc. ("Suelou"). No other comments or reply comments were received. 2. Suelou counterproposes that Channel 283A be allotted to Wynnewood, Oklahoma, as the community's first local aural service. It states that Wynnewood, located in Gavin County, has a 1990 U.S. Census population of 2,393 people. Suelou also states that it will apply for the channel, if allotted. 3. The allotment of Channel 283A at Pauls Valley and Wynnewood are mutually exclusive since the communities are located only 12 kilometers apart while the Commission's rules stipulate a minimum distance separation of 115 kilometers for co-channel Class A channels. Further, a staff engineering study shows that there is no alternate Class A channel available for allotment to either community. Therefore, the conflicting proposals will be considered under the guidelines set forth in Revision of FM Assignment Policies and Procedures, 90 FCC Rcd 2d 88 (1989). Under these allotment priorities, we find that Wynnewood clearly is the more deserving community. Pauls Valley currently receives local aural transmission service from FM Station KGOK and daytime-only AM station KVLH. Therefore, the allotment of Channel 283A would represent a third such service at the expense of Wynnewood receiving its first such service. Therefore, we shall allot Channel 283A to Wynnewood as the community's first local aural service. Channel 283A can be allotted to Wynnewood 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. Wynnewood, Oklahoma 283A 6. A filing window for Channel 283A at Wynnewood, Oklahoma, 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. 7. IT IS FURTHER ORDERED, That the petition for rule making filed by Wright and Wright, Inc. (RM-9294), IS DENIED. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. 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