Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No. 98-191
Table of Allotments,            )  RM-9351
FM Broadcast Stations.          )
(Leesville, Louisiana)                                                                          )

                       REPORT AND ORDER 
                    (Proceeding Terminated)                               

   Adopted:  May 26, 1999               Released:  June 4, 1999

 By the Chief, Allocations Branch:
 
     1.  The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 13
 FCC Rcd 20894 (1998), issued in response to a petition for rule making filed on behalf of Pene
 Broadcasting Company, Inc. ("petitioner"), licensee of Station KJAE(FM), Channel 224A, Leesville,
 Louisiana, proposing the substitution of Channel 228C3 for Channel 224A at Leesville and
 modification of its license accordingly.  Petitioner filed supporting comments in response to the
 Notice.  No other comments were filed.
 
     2.  We believe the public interest would be served by granting the modification proposal at
 Leesville since it will enable Station KJAE(FM) to provide an enhanced service to the community. 
 Therefore, in accordance with the provisions of Section 1.420(g) of the Commission's Rules, we will
 substitute Channel 228C3 for Channel 224A at Leesville and modify the license of Station KJAE(FM)
 accordingly.  As the petitioner had requested a nonadjacent channel modification, the Notice stated
 that Channel 252C3 could also be allotted to Leesville to accommodate any additional expressions
 of interest in a Class C3 channel at that community.  However, as no additional expressions of interest
 were received, consideration of Channel 252C3 at Leesville will no longer be entertained.   
 
     3.  Channel 228C3 can be allotted to Leesville, Louisiana, in conformity with the minimum
 distance separation requirements of Section 73.207(b) of the Commission's Rules at the petitioner's
 requested site located 5.9 kilometers (3.7 miles) north of the community at coordinates 31-11-29 NL
 and 93-14-35 WL.  
 
          4.  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 July 19, 1999,  the FM Table of
 Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to Leesville,
 Louisiana, as follows:
 
                    City           Channel No.
 
               Leesville, Louisiana             228C3, 289C3                                                   
   
     5.  IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications
 Act of 1934, as amended, the license of Pene Broadcasting Company, Inc. for Station KJAE(FM),
 IS MODIFIED to specify operation on Channel 228C3 in lieu of Channel  224A, 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), specifying the new facility;
  
            (b)  Upon grant of the construction permit, program tests                       
       may be conducted in accordance with Section 73.1620;                                 
       and
  
            (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.
  
       6.  Pursuant to Commission Rule Section 1.1104(3)(l),  any party seeking a change in
  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, Pene Broadcasting
  Company, Inc. licensee of Station KJAE(FM), is required to submit a rule making fee in addition to
  the fee required for the applications to effectuate  the upgrade at Leesville, Louisiana.        
       
       7.   IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
  
  
  
  
  
  
  
  
  
  
  
  
       8.  For further information concerning the above, contact Nancy Joyner, Mass Media Bureau,
  (202) 418-2180.  
                                          
                       FEDERAL COMMUNICATIONS COMMISSION
  
  
  
  
                       John A. Karousos 
                       Chief, Allocations Branch                                                           
               Policy and Rules Division
                       Mass Media Bureau