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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. 99-9 Table of Allotments, ) RM-9434 FM Broadcast Stations. ) RM-9597 (Lancaster, Groveton and Milan, New ) Hampshire) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 15, 2000 Released: March 24, 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 229A to Lancaster, New Hampshire, as the community's second local aural service. Petitioner filed comments reiterating its intention to apply for the channel, if allotted. A counterproposal was filed by North Country Radio, Inc. ("North Country"), requesting the allotment of Channel 229A to Groveton, New Hampshire. Reply comments were filed by Lunderville and North Country. 2. North Country states that Groveton has a 1990 U.S. Census population of 1,255 people and is within the township of Northumberland. Groveton has its own post office and zip code, its own fire and police departments, and elementary and high schools. In addition, North Country states that Groveton community organizations include the Groveton Fish & Game Club, the Loyal Order of Moose and the Groveton Trail Blazers Snowmobile Club, businesses include the Gropaco Federal Credit Union, Berlin City Bank, Siwooganock Guaranty Savings Bank, Weeks Medical Center, Groveton Pharmacy, Main/Armstrong Funeral Home and Riverside Speedway. In addition, it states that major employers include Wausau Paper Mills, Groveton Paperboard, Inc. and Wausau Carriers, Inc. 3. Based on the information before us, we believe that both communities could benefit from the allotment of Channel 229A. Therefore, in an attempt to satisfy both requests, the staff performed a search to determine if an alternate channel could be allotted to either community. However, we have determined that no channel other than Channel 229A is available for either community. Therefore, our decision is based on the Commission's FM allotment priorities. Using these priorities, the allotment of Channel 229A to Groveton would further priority (3), the provision of a first local aural service, while the allotment of the channel to Lancaster would further only priority (4), other public interest matters, since it already receives local aural service from FM Station KXXS. In addition, we note that the transmitter site proposed by both petitioner and North Country are the same. Therefore, the allotment at Groveton will provide Lancaster with an additional reception service Accordingly, we find that the public interest would be served by allotting Channel 229A to Groveton, New Hampshire, as the community's first local aural service. 4. Channel 229A can be allotted to Groveton in compliance with the Commission's minimum distance separation requirements with a site restriction of 10 kilometers (6.2 miles) northwest to avoid a short-spacing to Station WMWV, Channel 228A, Conway, New Hampshire. Canadian concurrence in the allotment, as a specially negotiated short-spaced allotment with respect to unoccupied and unapplied for Channel 229A at East Angus, Quebec, has been obtained since Groveton is located within 320 kilometers 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 May 8, 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. Groveton, New Hampshire 229A 6. A filing window for Channel 229A at Groveton, New Hampshire, 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 of Dana Puopolo to allot Channel 229A to Lancaster, New Hampshire (RM-9434) IS DENIED, and the counterproposal of Barry P. Lunderville to allot Channel 229A to Milan, New Hampshire, IS DISMISSED. 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