******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 99-190 Table of Allotments, ) RM-9631 FM Broadcast Stations. ) RM-9689 (Colony and Weatherford, Oklahoma) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 9, 2000 Released: February 18, 2000 By the Chief, Allocations Branch: 1. At the request of Suelou, Inc. ("Suelou"), the Commission has before it the Notice of Proposed Rule Making, 14 FCC Rcd 8243 (1999), proposing the allotment of Channel 286A to Colony, Oklahoma, as its first local aural service. Prior to the close of the comment period, a petition for rule making was filed by Fred R. Morton, Jr. ("Morton") proposing the allotment of Channel 286A to Weatherford, Oklahoma, as its second local commercial FM service. The Colony and Weatherford proposals are mutually exclusive as the communities are located approximately 20 kilometers apart while the Commission's Rules specify a minimum distance of 115 kilometers between co-channel Class A allotments. Morton states that he will apply for the channel, if allotted. No other comments or reply comments were received. 2. The Notice recognized that Colony is incorporated and listed in the U.S. Census, thus meeting the basic criteria for community status. However, with a population of only 163 people, we requested that Suelou provide additional information sufficient to demonstrate that Colony is a community for allotment purposes, noting that such a small population grouping may be devoid of the customary factors associated with determining community status. Neither Suelou nor any other party filed comments expressing a continuing interest in applying for the channel or providing the requested community data. Therefore, in accordance with Commission policy which requires a statement of continuing interest before a channel will be allotted, we will dismiss Suelou's proposal to allot Channel 286A to Colony, Oklahoma. 3. We believe the public interest would be served by allotting Channel 286A to Weatherford, Oklahoma, since an interest has been expressed in providing the community with its second local FM service. Channel 286A can be allotted to Weatherford in compliance with the Commission's minimum distance separation requirements with a site restriction of 3.2 kilometers (2.0 miles) northwest. 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 April 3, 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. Weatherford, Oklahoma 247C1, 286A 5. A filing window for Channel 286A at Weatherford 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. 6. IT IS FURTHER ORDERED, That the petition for rule making filed by Suelou, Inc., to allot Channel 286A to Colony, Oklahoma (RM-9631), IS DISMISSED. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. 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