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     Before the
     Federal Communications Commission
     Washington, D.C. 20554

In the Matter of                     )
                                     )
Amendment of Section 73.202(b),     )        MM Docket No. 00-123
Table of Allotments,                 )       RM-9903
FM Broadcast Stations.               )
(Rincon, Puerto Rico)               )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  January 24, 2001           Released: February 2, 2001 

By the Chief, Allocations Branch:

     1.  At the request of  Ocean Communications ("petitioner"), the Commission has before it the
Notice of Proposed Rule Making, 15 FCC Rcd 12611 (2000), proposing the allotment of Channel 300B
to Rincon, Puerto Rico, as the community's first local aural service.  Comments were filed by the
petitioner reiterating its intention to apply for the channel, if allotted.  International Broadcasting
Corporation ("IBC") filed comments in opposition to the petition.  No reply comments were received.

     2.  IBC, licensee of Station WVOZ, Channel 299B, Carolina, Puerto Rico, states that the
proposed transmitter site is coordinates are those of Desecheo Island and the Desecheo National Wildlife
Refuge and therefore is not available for a radio transmitting tower.  In support, it submits a letter dated
December 1, 2000, from Mr. Val K. Urtan, Project Leader, Caribbean Islands NWR Complex, Fish and
Wildlife Service, United States Department of the Interior, stating that no request for a permit to
construct an antenna had been submitted and that it is unlikely that such approval would be given if
requested.  Therefore, IBC requests that the proposed allotment be denied.  

     3.   Based on this information, we cannot find that it would serve the public interest to allot a
channel to Rincon.  Rather, evidence, which has not been refuted, has been presented to demonstrate that
it is unlikely that the Department of the Interior would favorably consider a request to erect a
transmitting tower within the refuge and we believe that this is sufficient to find that petitioner does not
have a reasonable assurance of the site's availability.  See, Grand View, Idaho, 15 FCC Rcd 2768 (2000),
Cusseta, Georgia, 6 FCC Rcd 7437 (1991) and cases cited therein.

     4.  In view of the above, IT IS ORDERED, That the petition of  Ocean Communications (RM-
9903) IS DENIED.
     
     5.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     6.  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