******************************************************** 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. (Pacific Junction, Iowa) ) ) ) ) ) ) MM Docket No. 99-50 RM-9425 REPORT AND ORDER (Proceeding Terminated) Adopted: June 7, 2000 Released: June 16, 2000 By the Chief, Allocations Branch: 1. The Allocations Branch has before it a Notice of Proposed Rule Making, 14 FCC Rcd 2877 (1999), issued at the request of Warga Broadcasting L.L.C. ("petitioner") proposing the allotment of Channel 299A at Pacific Junction, Iowa, as the community's first local aural transmission service. Petitioner filed comments reaffirming its intention to apply for the channel, if allotted. A counterproposal was filed by Mitchell Broadcasting Co. of Iowa, Inc., requesting the allotment of Channel 299C3 in lieu of Channel 299A Pacific Junction, Iowa. Petitioner filed reply comments in opposition to the counterproposal. 2. In support of its proposal, petitioner states that Pacific Junction is a incorporated community with a 1990 U.S. Census population of 548 persons. It is governed by an elected mayor and five elected council members. It has officially defined boundaries, a City Hall, adjacent Community Center, and a full-time City Clerk. Pacific Junction has its own Planning and Zoning Board (with five local residents appointed by the mayor), its own City Betterment Committee (with 10-12 local members), a telephone directory, its own telephone number prefix, a post office, a voluntary fire and rescue squad, two churches, a bank, and a number of local businesses and industries. 3. We believe the public interest would be served by the allotment of Channel 299A at Pacific Junction, Iowa, as the community's first local aural transmission service. An engineering analysis has determined that Channel 299A can be allotted at Pacific Junction in compliance with the Commission's minimum distance separation requirements to Pacific Junction with a site restriction of 4.5 kilometers (2.8 miles) north to avoid a short-spacing to the licensed site of Station KMAJ-FM, Channel 299C, Topeka, Kansas. 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 July 31, 2000, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, as follows: Community Channel No. Pacific Junction, Iowa 299A 5. A filing window for Channel 299A at Pacific Junction, Iowa, 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 counterproposal filed by Mitchell Broadcasting Co of Iowa, Inc., for the allotment of Channel 299C3 at Pacific Junction, Iowa, IS DISMISSED. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. Questions relating to the application filing process should be addressed to the Audio Services Division, Mass Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau