******************************************************** 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), FM Table of Allotments, FM Broadcast Stations. (Cheyenne, Wyoming and Grover, Colorado) ) ) ) ) ) ) MM Docket No. 96-242 RM-8940 RM-9243 REPORT AND ORDER (Proceeding Terminated) Adopted: April 19, 2000 Released: April 28, 2000 Before the Chief, Allocations Branch: 1. The Allocations Branch has before it a Notice of Proposed Rule Making issued at the request of Montgomery Broadcasting Limited Liability Company ("petitioner") proposing the allotment of Channel 229A at Cheyenne, Wyoming, as the community's sixth local FM transmission service. Petitioner filed comments reiterating its intention to apply for the channel, if allotted. Magic City Media, Inc. ("MCM"), filed comments and a counterproposal, requesting the allotment of Channel 229C2 at Grover, Colorado, as the community's first local transmission service. Petitioner filed comments opposing MCM's counterproposal. Later, MCM withdrew its interest in pursuing the counterproposal for Channel 229C2 at Grover, Colorado. 2. We will dismiss MCM's counterproposal and grant petitioner's proposal to allot Channel 229A at Cheyenne, Wyoming. Channel 229A can be allotted in compliance with the Commission's minimum distance separation requirements with a site restriction of 9.7 kilometers (6.0 miles) northeast to avoid a short spacing to the vacant allotment site for Channel 232C3, Wellington, Colorado. 3. 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 June 12, 2000, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, as follows: Community Channel Cheyenne, Wyoming 229A, 250C1, 260A, 264C1, 280C2, 285A, 292C3 4. It is further ordered that the Secretary of the Commission shall send by Certified Mail Return Receipt Requested a copy of this Order to the following: Allan G. Moskowitz, A Wray Fitch III Kaye, Scholer, Fierman, Hays & Handler Gammon & Grange 901 Fifteenth Street, NW 8280 Greensboro Drive, 7th Floor Washington, DC 20005-2327 McLean, VA 22102-3807 (Counsel for petitioner) (Counsel for MCM) 5. IT IS FURTHER ORDERED That the petition for rule making filed by Montgomery Broadcasting Limited Liability Company IS GRANTED. 6. IT IS FURTHER ORDERED That the counterproposal filed by Magic City Media, Inc., IS DISMISSED. 7. IT IS FURTHER ORDERED That this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau