******************************************************** 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. 98-234 Table of Allotments, ) RM-9324 FM Broadcast Stations. ) (Augusta, Wisconsin ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 3, 1999 Released: March 12, 1999 By the Chief, Allocations Branch: 1. In response to a petition filed by L. Topaz Enterprises, Inc. ("Topaz"), the Commission has before it for consideration the Notice of Proposed Rule Making, released December 18, 1998, DA No. 98-2547, requesting the allotment of Channel 268C3 at Augusta, Wisconsin, as that community's first local broadcast service. Topaz filed comments supporting the allotment of Channel 268C3 at Augusta. No other comments were received in response to the Notice in this proceeding. 2. We believe the public interest would be served by allotting Channel 268C3 to Augusta, Wisconsin, as it will provide the community with its first local broadcast service. Channel 268C3 can be allotted to Augusta in compliance with the minimum distance separation requirements of the Commission's Rules provided there is a site restriction 12.3 kilometeres (7.7 miles) east of the community. The site restriction will prevent a conflict with Channel 267C, Station KDWB, Richfield, Minnesota. 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 April 26, 1999, 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 Augusta, Wisconsin 268C3 4. A filing window for Channel 268C3 at Augusta, Wisconsin, 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 Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the application filing process for Channel 268C3 at Augusta, Wisconsin, 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