******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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. 97-46 Table of Allotments, ) RM-8990 FM Broadcast Stations. ) (Boonville, California) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 21, 1998 Released: January 30, 1998 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"), 12 FCC Rcd 1402 (1997), issued in response to a petition for rule making filed on behalf of Boonville Broadcasting Company ("petitioner") proposing the allotment of FM Channel 241A to Boonville, California, as its first local aural transmission service. Petitioner filed supporting comments in response to the Notice. No other comments were received. 2. Boonville is neither incorporated nor a census designated place. Therefore, petitioner was requested to provide additional information to establish that Boonville, California, is a bona fide community, as that term is defined for purposes of Section 307(b) of the Communications Act of 1934, as amended, for allotment objectives. In its responsive comments petitioner states that Boonville is attributed with a population of 1,744 persons in the 1990 U.S. Census. Further, petitioner remarks that Boonville contains a commercial sector, a museum, art galleries, a brewery, and an airport. Additionally, it has come to our attention that approximately ninety-five businesses are located in Boonville. Among the listed entities are schools, churches, banks, medical and health care facilities, markets, several real estate establishments, a nursery, lodging facilities, restaurants, the Boonville Chamber of Commerce, several Mendocino County government offices, a veterinary clinic, and a senior center. 3. In light of the above, we believe that sufficient indicia exists in Boonville to conclude that it is a community for allotment purposes. It is an identifiable population grouping with numerous business entities and community organizations that identify themselves with the residents of Boonville. See Garrison, Kentucky, 6 FCC Rcd 1428 (1991). Therefore, we will allot Channel 241A to Boonville, as requested. 4. As indicated in the Notice, Channel 241A can be allotted to Boonville consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter is located at least 15.5 kilometers (9.6 miles) west of the community, at coordinates 39-03-42 and 123-31-47. 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 March 16, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED to include Boonville, California, as follows: City Channel No. Boonville, California 241A 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. A filing window for Channel 241A at Boonville, California, 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. 8. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the window 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