******************************************************* 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. (Aspen, Colorado) ) ) ) ) ) ) MM Docket No. 00-215 RM-9994 REPORT AND ORDER (Proceeding Terminated) Adopted: February 7, 2001 Released: February 16, 2001 By the Chief, Allocations Branch: 1. Before the Allocations Branch for consideration is a Notice of Proposed Rule Making issued at the request of Roaring Forks Broadcasting ("petitioner") proposing to amend the FM Table of Allotments, Section 73.202(b) of the Rules to allot Channel 228A at Aspen, Colorado, as the community's third local FM commercial service. Petitioner filed comments reiterating its intention to file an application for construction permit at Aspen and bid at auction if the channel is allotted. We received no other comments or counterproposals. 2. We believe that the community of Aspen, Colorado, is deserving of an additional allotment. A staff engineering analysis of the community shows that Channel 228A can be allotted at Aspen. Channel 228A can be allotted at Aspen consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without a site restriction. 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 April 2, 2001, 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. Aspen, Colorado 249C3, 296C3, 228A 4. A window period for filing applications for these allotments will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent Order. 5. IT IS FURTHER ORDERED That the above proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Victoria M. McCauley (202) 418- 2180. Questions related 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