******************************************************** 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), ) MM Docket No. 00-204 Table of Allotments, ) RM-9983 FM Broadcast Stations. ) (Blairsville, Georgia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 24, 2001 Released: February 2, 2001 By the Chief, Allocations Branch: 1. At the request of M. Terry Carter and Douglas Sutton, Jr., d/b/a Tugart Communications ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 20229 (2000), proposing the allotment of Channel 236A to Blairsville, Georgia, as the community's first local aural service. Comments were filed by the petitioner reiterating its intention to apply for the channel, and by Cox Radio, Inc. ("Cox"). Reply comments were filed by the petitioner withdrawing its intention to apply for the channel. No other party filed comments expressing an intention to apply for the proposed channel. 2. Cox states that Channel 236A cannot be allotted to Blairsville in compliance with Section 73.315(b) of the Commission's Rules because the Gumlog and Ivylog Mountains are located between the proposed Channel 236A reference site and the community. Because of these major obstructions, Cox submits that a tower with a radiation center of 2,400 feet above ground level would be required to provide Blairsville with the required 70 dBu line-of-sight service but that the Federal Aviation Administration ("FAA") would not approve a tower of such height. In response, withdraws its expression of interest in the allotment, stating that it was not aware of the line-of-sight problem when it filed the petition and the allotment would therefore not be in the public interest. 3. Accordingly, based on the above discussion, IT IS ORDERED, that the petition for rule making filed by Tugart Communications to allot Channel 236A to Blairsville, Georgia (RM-9983) IS DISMISSED. 4. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 5. 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