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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. 97-47
Table of Allotments,                 )       RM-8992
FM Broadcast Stations.               )
(Westley, California)                                                 )

                            REPORT AND ORDER 
                         (Proceeding Terminated)                               

   Adopted:  January 28, 1998                                    Released:  February 6, 1998

 By the Chief, Allocations Branch:
 
      1.  Before the Commission for consideration is the Notice of Proposed Rule Making
 ("Notice"), 12 FCC Rcd 1417 (1997), issued in response to a petition for rule making filed on
 behalf of Westley-Grayson Broadcasting Company ("petitioner"), proposing the allotment of
 Channel 238A to Westley, California, as that locality's first local aural transmission service. 
 Petitioner and Joe L. Gross ("Gross") each filed supporting comments in response to the
 Notice.  No other comments were received.
 
      2.  As Westley is neither incorporated nor a census designated place, petitioner was
 requested to provide additional information to demonstrate that Westley 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 response petitioner states that Westley  has
 its own post office and assigned zip code (95387).  Further, petitioner remarks that according
 to the Rand McNally Commercial Atlas and Marketing Guide (1997 Ed.), Westley has a
 population of 700 persons.  Additionally, petitioner reports that several commercial businesses
 are located in Westley such as the Westside Exotics Palm Nursery, 4L Processing, and Just
 Tomatoes, to name a few.  Petitioner also advises that Westley is the location of the Oak Flat
 Water District as well as the General Electric/Oxford Energy Project.
 
      3.  In further support of the proposal Gross asserts that Westley also has its own
 volunteer fire department, and that community protective services are provided by two county
 Sheriff deputies who are assigned to Westley.  Additionally, Gross reports that water, sewer
 and lighting services are supplied by the Westley Community Services District.  Gross adds
 that in addition to such business entities located in the community such as the Westley Fuel
 Service, Westley Market and Westley Triangle Tire Repair and Truck Stop, it also has an
 elementary school, a local growers association, and an office of the Stanislaus County Housing
 Authority.
  
      4.  In addition to the above, it has come to our attention that approximately forty-nine
 businesses are attributed to Westley.  Among the listed entities are restaurants, lodging
 facilities, a hardware supplier, fuel services, a medical clinic and the Stanislaus County Child
 Care Services.
 
      5.  In consideration of the above, we believe that Westley contains sufficient indicia
 to conclude that it is a community for allotment purposes.  It is an identifiable population
 grouping with business entities that identify themselves with the residents of Westley.  See
 Garrison, Kentucky, 6 FCC Rcd 1428 (1991).  Therefore, we will allot Channel 238A to
 Westley, California, as requested.  
 
      6.  As stated in the Notice, Channel 238A can be allotted to Westley, California,
 consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the
 Commission's Rules, provided the transmitter therefor is sited at least 8.9 kilometers (5.5
 miles) south of the community, utilizing in this instance, coordinates 37-28-13 and 121-11-14.
 
      7.  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 23,
 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS
 AMENDED to include Westley, California, as follows:
 
                            City                   Channel No.
        Westley, California               238A
 
       8.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
       9.  A filing window for Channel 238A at Westley, 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. 
  
       10.  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