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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. 98-113 
Table of Allotments,                    )    RM-9296
FM Broadcast Stations.                       )    
(Tumon, Guam)                 )

                                   
                              REPORT AND ORDER
                              (Proceeding Terminated)

     Adopted:  May 19, 1999;                    Released:  May 28, 1999         

By the Chief, Allocations Branch:

     1.  At the request of Guam Broadcast Services, Inc. ("petitioner"), the Commission has before
it the Notice of Proposed Rule Making, 13 FCC Rcd 12713 (1998), proposing the allotment of
Channel 280A at Tumon, Guam, as the community's first local aural transmission service.  Petitioner
filed comments in support the proposal reaffirming its intention to apply for the channel, if allotted.
Opposing comments were filed by Inter-Island Communications, Inc. ("Inter-Island").  Petitioner
filed reply comments.  

     2.  In the Notice, petitioner was requested to provide indicia demonstrating that Tumon is a
"community" for allotment purposes since Tumon is not listed in the U.S. Census.  In support of its
proposal, petitioner states that Tumon is one of the commercial centers in Guam.  It has commercial
banks, a regional high school, and several private schools, numerous churches, a zoo, many state
parks, and beaches.  Petitioner further states that according to the Guam Economic Review, the
population to Tumon is estimated to exceed 7,400 persons. There are government-authorized road
signs, maps, and economic and political statistical groupings that depict Tumon as a viable
municipality.  A Department of Public Works, Vocational Rehabilitation Center, driving range, a
substation and office of the Guam Police Department are located in Tumon.  Tumon is also the center
of tourism in Guam.  It has many small and large businesses, a plethora of shopping centers,
entertainment venues, restaurants, and over 20 major international hotels.



     3.  In its reply comments, petitioner asserts that although the allotment of Channel 280A at
Tumon is consistent with the Commission's technical requirements, petitioner recommends that
Channel 282A in lieu of Channel 280A be allotted at Tumon.  Petitioner further asserts that the
allotment of Channel 282A at Tumon will allay Inter-Island's concerns regarding potential interference
to Station KZMI(FM), Channel 280C3, San Jose, Saipan, because of "ducting," and will expedite a
first local aural service to Tumon.  Inter-Island interposes no objection to the channel change.

     4.  In consideration of the above, we believe Tumon has sufficient indicia to conclude that it
is a "community" for allotment purposes.  Therefore, we believe the public interest would be served
by allotting Channel 282A Tumon, Guam, since it would provide the community with its first local
aural tranmission service.  An engineering analysis has determined that Channel 282A can be allotted
to Tumon in compliance with the Commission's minimum distance separation requirements without
the imposition of a site restriction at petitioner's requested site.

     5.  Accordingly, pursuant to the authority found 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 July 14, 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.
          
          Tumon, Guam                            282A
    
     6.  A filing window for Channel 282A at Tumon, Guam, 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 this proceeding IS TERMINATED.









     8.  For further information concerning this proceeding, contact Sharon P. McDonald, Mass
Media Bureau, (202) 418-2180.  Questions related to the window application filing process 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