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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. 99-10
Table of Allotments,                 )       RM-9435
FM Broadcast Stations.               )       RM-9688
(Walton and Livingston Manor, New York)          )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  January 19, 2000                                    Released:  February 1, 2000  

By the Chief, Allocations Branch:

     1.  At the request of Dana Puopolo ("petitioner"), the Commission has before it the Notice of
Proposed Rule Making, 14 FCC Rcd 1025 (1999), proposing the allotment of Channel 296A to
Walton, New York, as the community's second local FM and third aural service.  Petitioner filed
comments reiterating his intention to apply for the channel, if allotted.  In addition, a counterproposal
was filed by AM Communications, requesting the allotment of Channel 296A to Livingston Manor,
New York, as its first local aural service.  No other comments or reply comments were received.

     2.  AM Communications states that Livingston Manor is listed in the 1990 U.S. Census as a
Census Designated Place with a population of 1,482 people.  It goes on to state that it has its own
locally elected town supervisor and council as well as a town hall, post office and zip code.  In
addition, AM Communications states that Livingston Manor has its own kindergarten through 12th
grade school, serving approximately 800 students, as well as a library, chamber of commerce, fire
house and several churches. It also points out that the community has its own businesses, including a
gift shop, a grocery store and several country markets.  AM Communications points out that Walton
already receives local aural service from two stations, AM Station WDLA and FM Station WDLA-
DM.  Therefore, it contends that Livingston Manor is a community for allotment purposes and the
proposed to Livingston Manor, as a first local aural service, would further a higher allotment priority. 
Finally, AM Communications submits that the allotment of Channel 296A at Livingston Manor would
provide a new service to 35,978 people while the allotment of the channel at Walton would provide
a new service to only 29,950 people, or 6,028 fewer people.

     3.  In an effort to resolve the conflicting requests, the staff has performed a channel search for
both Walton and Livingston Manor.  However, our study shows that there are no alternate channels
available for either community.  Therefore, we have been guided by the allotment priorities set forth
in Revision of FM Allotment Policies and Procedures, supra, and find that the public interest would
be better served by the allotment of Channel 296A to Livingston Manor, as its first local aural service
(Priority 3), than by the allotment of the channel to Walton as its third local aural service (Priority 4). 
We find that Livingston Manor is a community for allotment purposes and deserving of a first local
aural service.  

     4.  Channel 296A can be allotted to Livingston Manor in compliance with the Commission's
minimum distance separation requirements, with a site restriction of 5.7 kilometers (3.5 miles) north
to avoid a short-spacing to  Station WWYY, Channel 296A, Belvidere, New Jersey.  Canadian
concurrence in the allotment has been obtained since Livingston Manor is located within 320
kilometers (200 miles) of the U.S.-Canadian border. 

     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  March 17, 2000, 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.

                    Livingston Manor, New York         296A

     6.  A filing window for Channel 296A at Livingston Manor, New York, 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 the petition for rule making filed by Dana Puopolo to
allot Channel 296A to Walton, New York (RM-9435), IS DENIED.  

     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