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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. 98-185
Table of Allotments,            )       RM-9355
FM Broadcast Stations.          )
(Ely and Carlin, Nevada)        )

                        REPORT AND ORDER
                    (Proceeding Terminated)

   Adopted: April 21, 1999              Released: May 7, 1999 

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 20215 (1998), proposing the substitution of
Channel 244C for Channel 244C1, the reallotment of Channel 244C from Ely to Carlin, Nevada, as
the community's first local aural service, and the modification of Station KHIX's construction permit
to specify the higher class channel and Carlin as its community of license.  Petitioner filed comments
reiterating its intention to apply for the channel, if allotted.  No other comments were received.

     2.  As stated in the Notice, petitioner seeks to provide Carlin, an incorporated community
with a 1990 U.S. Census population of 2,220 persons, with its first local aural service under the
provisions of Section 1.420(i) of the Commission's Rules.  While Carlin is smaller in population than
Ely, we proposed the change in community since it could result in the provision of a first local aural
service at Carlin while Ely would continue to receive local aural service from AM Station KELY and
FM Stations KELY-FM and KDDS.  

     3.  We believe the public interest would be served by substituting Channel 244C for Channel
244C1 at Ely, reallotting Channel 244C to Carlin, as its first local aural service, and modifying the
construction permit of Station KHIX to specify the higher class channel and Carlin as its community
of license.  While the deletion of Channel 244C3 from Ely will result in the loss of a potential first
fulltime aural service to 1,253 persons, we recognize that Station KHIX is unbuilt and thus does not
provide a service which anyone has come to rely on.  Further, the allotment of Channel 244C at
Carlin will provide either a first or second fulltime aural service to a greater number of people.  

     4.  Channel 244C can be allotted to Carlin in compliance with the Commission's minimum
distance separation requirements with a site restriction of 1 kilometer (0.6 miles) west to
accommodate petitioner's desired transmitter site.

     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 June 21, 1999, the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the
communities listed below, to read as follows:

                    City                Channel No.

                    Carlin, Nevada      244C
                    Ely, Nevada              224C3, 269C3

     6.  IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of
1934, as amended, that the construction permit of L. Topaz Enterprises, Inc. for Station KHIX, Ely,
Nevada, IS MODIFIED to specify operation on Channel 244C, in lieu of Channel 244C1, and to
specify Carlin, Nevada, in lieu of Ely, Nevada, as its community of license, subject to the following
conditions:
 
          (a) Within 90 days of the effective date of this Order, the licensee shall submit to the
     Commission a minor change application for a construction permit (Form 301).

          (b) Upon grant of the construction permit, program tests may be conducted in accordance
     with Section 73.1620.

          (c) Nothing contained herein shall be construed to authorize a change in transmitter location
     or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of
     the Commission's Rules.

     7.  Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change
of community of license of an FM or television allotment or an upgrade of an existing FM allotment,
if the request is granted, must submit a rule making fee when filing its application to implement the
change in community of license and/or upgrade.  As a result of this proceeding, L. Topaz Enterprises,
Inc., permittee of Station KHIX, is required to submit a rule making fee in addition to the fee required
for the applications to effect the change in community of license and/or upgrade.

     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