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                                                           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.
(Upton and Pine Haven, Wyoming)
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)
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)
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MM Docket No. 99-57
RM-9460
RM-9610



                       REPORT AND ORDER 
                    (Proceeding Terminated)

                   Adopted:   September 13, 2000;               Released:  September 22,  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 Windy Valley Broadcasting ("petitioner") proposing the allotment of
Channel 290C1 at Upton, Wyoming, as the community's first local aural transmission service (RM-9460).
Comments and a counterproposal were filed by Mount Rushmore Broadcasting, Inc. ("Mount Rushmore"),
proposing the allotment of Channel 290A at Upton, Wyoming and Channel 288A at Pine Haven, Wyoming
(RM-9610). Comments were also filed by Carol and Keith Rasmussen, licensees of AM Station KASL,
Newcastle, Wyoming. 

2.  In support of its counterproposal proposal, Mount Rushmore states that the allotment of Channel
290A at Upton, Wyoming and Channel 288A at Pine Haven, Wyoming, would provide each community the
its first local aural transmission service.  It further states that its proposal is the preferred allocation because
it would provide a first local service to two communities, whereas petitioner's proposed allotment of
Channel 290C1 at Upton, Wyoming, would provide a first local service to only one community.   Moreover,
Mount Rushmore states that its proposal is consistent with priority (3) of the FM allotment priorities set
forth in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982).  While both proposals
fulfill FM allotment priority (3), Mount Rushmore asserts that its proposal's combined populations of Upton
and Pine Haven (1,121) is greater than the population of Upton alone (980), and thus, its proposal would
result in a more efficient use of the channels.  Mount Rushmore affirms that it will apply for the respective
channels, if allotted. 

3.  Conflicting proposals are considered on a comparative basis with the allotment priorities set
forth in the Revision of FM Assignment Policies and Procedures, supra, serving as a guide.  However, since
a staff search has revealed that there are alternate Class A channels available for both Upton and Pine
Haven, Wyoming, a comparative analysis is no longer necessary.  Therefore, we find that the public interest
would be served by allotting Channels 283A and 290C1 at Upton, Wyoming, and Channel 259A at Pine
Haven, Wyoming.
    
                    Technical Summary
4.  An engineering analysis has determined that Channels 283A and 290C1 and can be allotted to
Upton in compliance with the Commission's minimum distance separation requirements at city reference
coordinates.  Additionally, Channel 259A can be allotted to Pine Haven in compliance with the
Commission's minimum distance separation requirements at city reference coordinates. 
5.  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 November 6, 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 No.
Upton, Wyoming                          283A, 290C1    

Pine Haven, Wyoming                          259A

6.  Filing windows for Channels 283A and 290C1 at Upton, Wyoming, and Channel 259A at Pine
Haven, Wyoming, will not be opened at this time.  Instead, the issue of opening filing windows for these
channels will be addressed by the Commission in a subsequent order.
       
       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 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