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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.  99-72
Table of Allotments,                    )    RM-9323
FM Broadcast Stations.             )    
(Cedar Key, Florida)                    )                        
                              
                                
                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: August 11, 1999              
                                        Released: August 13, 1999     

 By the Chief, Allocations Branch:
 
 1.  In response to a Petition for Rule Making filed by Jeffrey Mark Tillery ("Tillery"), the
 Commission has before it for consideration the Notice of Proposed Rule Making, 14  FCC Rcd 
 3590 (1999), seeking the allotment of Channel 244A at Cedar Key, Florida.   Tillery filed
 comments reiterating his intention to apply for Channel 244A at Cedar Key.  Dickerson
 Broadcasting, Inc. ("Dickerson") filed comments and a counterproposal.    
 
 2.  Dickerson states that it has no objection to a new allotment at Cedar Key as proposed by
 Tillery but requests consideration of an alternate channel for the community.  Dickerson states that
 it has filed comments and a counterproposal in MM Docket No. 97-252, a pending proceeding,
 proposing the allotment of Channel 243C3 at Cross City, Florida.  Dickerson points out that the
 proposed allotment of Channel 244A at Cedar Key conflicts with its requested allotment of Channel
 243C3 at Cross City but Dickerson believes the short spacing can be avoided by allotting Channel
 261A at Cedar Key in lieu of Channel 244A.  According to 
 
 
 
 
 Dickerson, the allotment of Channel 261A at Cedar Key is more desirable as it could possibly be
 upgraded to a C3 and the potential conflict with another FM proceeding can be avoided.
   
 3.  We believe the public interest would be served by the allotment of an FM channel at Cedar
 Key, Florida, providing the community with additional broadcast service.  We further believe that
 allotment of Channel 261A at Cedar Key rather than Channel 244A will provide additional service
 for the community while avoiding a possible conflict with another FM proceeding.   Channel 261A
 can be allotted to Cedar Key, Florida, in compliance with the Commission's spacing requirements
 without a site restriction. 
 
 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 September 27, 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
 
                Cedar Key, Florida               261A
 
 5.  A filing window for Channel 261A, Cedar Key, Florida, will not be opened at this time. 
 Instead, the issue of opening a filing window for the channel will be addressed by the Commission
 in a subsequent order.
 
 6.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 
 
 
 
 
 
 
 
 
 
 
 
 7   For further information concerning this proceeding, contact Kathleen Scheuerle, Mass
 Media Bureau, (202) 418-2180.    Questions related to the application filing process for Channel
 261A at Cedar Key, Florida, 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