******************************************************** 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. 97-50 Table of Allotments, ) RM-8995 FM Broadcast Stations. ) (Ocean Shores, Washington) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 4, 1998; Released: February 13, 1998 By the Chief, Allocations Branch: 1. At the request of Ryan Broadcasting Company ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 1437 (1997), proposing the allotment of Channel 292A at Ocean Shores, Washington, as the community's first local aural transmission service. Petitioner filed comments in support of the proposal reaffirming its intention to apply for the channel, if allotted. Jodesha Broadcasting, Inc. ("Jodesha"), permittee of Station KFMY(FM), Channel 289C3, South Bend, Washington, filed comments and a "counterproposal." Untimely comments were filed by New Century Seattle, L.P. ("New Century"), licensee of Station KUBE(FM), Channel 227C, Seattle, Washington. For the reasons discussed below, we are allotting Channel 228A at Ocean Shores, Washington. 2. As stated in the Notice, Ocean Shores is located in Grays Harbor County, Washington, and has a 1990 U.S. Census population of 2,301 persons. Petitioner asserts that the proposal is in the public interest since it would provide the community with its first local aural transmission service. 3. In its comments, Jodesha advises that there are four alternate Class A channels that can be allotted to Ocean Shores in lieu of Channel 292A as proposed in the Notice. Jodesha asserts that the use an alternate channel would eliminate the mutual exclusivity of petitioner's proposal with its pending one-step upgrade application for the substitution of Channel 289C2 for Channel 289C3 at South Bend, Washington. Jodesha contends that the allotment of an alternate channel would serve the public interest since it would allow both the allotment of a Class A channel at Ocean Shores and the grant of Jodesha's upgrade application at South Bend. 4. We believe the public interest would be served by allotting Channel 228A at Ocean Shores, Washington, since it would provide the community with its first local aural transmission service. An engineering analysis has determined that Channel 228A can be allotted at Ocean Shores in compliance with the Commission's minimum distance separation requirements at city reference coordinates. Since Ocean Shores is located within 320 kilometers (200 miles) of the U.S.-Canadian border, Canadian concurrence has been obtained. 5. Accordingly, pursuant to the authority found 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 30, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Ocean Shores, Washington 228A 6. A filing window for Channel 228A at Ocean Shores, Washington, 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. 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 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