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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. 99-212 Table of Allotments, ) RM-9640 FM Broadcast Stations. ) (Amelia, Louisiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 8, 2000 Released: March 17, 2000 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"), 14 FCC Rcd 9043 (1999), issued in response to a petition for rule making filed by Mountain West Broadcasting ("petitioner") proposing the allotment of Channel 249C3 to Amelia, Louisiana, a Census Designated Place, as that locality's first commercial FM transmission service. Petitioner filed comments in response to the Notice. Guaranty Broadcasting Corporation ("Guaranty"), licensee of WDGL(FM), Baton Rouge, Louisiana, filed opposing comments. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 249C3 to Amelia requires a site restriction 18.4 kilometers (11.4 miles) south of the community at coordinates 29-30-21 NL and 91-03- 46 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. However, as it appeared that compliance with the site restriction would require the transmitter for Channel 249C3 to be located in a large swampy area, the Commission sought further information from the petitioner to provide evidence that a suitable fully-spaced site is available for tower construction at Amelia. 3. In response to the Notice petitioner advises that upon investigation it concludes that most of the fully spaced tower sites to accommodate a transmitter for Channel 249C3 would be located in a swampy area. Petitioner contends, however, that although it would be difficult to construct a tower in such location, it could physically be accomplished. No further explanation is provided. Petitioner states that if the Commission should determine that it would be possible to locate a tower in the restricted area, an applicant could then employ the provisions of Section 73.215 to locate a tower site in a more practical location. 4. Guaranty avers that the proposed allotment of Channel 249C3 parallels an earlier request to allot that same channel at Amelia, citing Amelia, Louisiana, 12 FCC Rcd 13930 (1997). In that proceeding the requested allotment was denied based upon supporting evidence that established the unavailability of a suitable, fully-spaced site to accommodate the proposal. Guaranty asserts that in view of the previous determination that a suitable site did not exist to accommodate requested Channel 249C3 at Amelia, it would be a waste of vital Commission resources to allot the same defective channel to that community at this juncture, citing Ocracoke, Edenton, Columbia, Pine Knoll Shores, North Carolina, 9 FCC Rcd 2011 (1994); Homerville, Lakeland and Statenville, Georgia, 6 FCC Rcd 5802 (1991). In light of the history surrounding requested Channel 249C3 at Amelia, Guaranty urges a denial of the petitioner's proposal. 5. Based upon the information submitted in comments by the petitioner, it is acknowledged that there is no fully spaced, suitable site within the restricted area to accommodate the construction of a tower for proposed Channel 249C3 at Amelia, Louisiana. Petitioner's belief that the site availability issue could be remedied by locating a tower elsewhere and employing the contour protection provisions of Section 73.215 of the Commission's Rules is not responsive to our request in the Notice, nor is it an acceptable solution. Channel allotments are made based upon compliance with the minimum distance separation requirements contained in Section 73.207(b) of the Commission's Rules. Petitioner's suggestion anticipates the use of a directional antenna. In authorizing the use of contour protection methods at the application stage, the Commission specifically stated that it did not contemplate the use of directional antennas to create short-spaced allotments. See Report and Order, MM Docket No. 87- 121, 4 FCC Rcd 1681 (1989). On the basis of the foregoing, we find that it would not serve the public interest to allot Channel 249C3 to Amelia, Louisiana. 6. In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 249C3 to Amelia, Louisiana (RM-9640), IS DENIED. 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