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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. 97-125 
Table of Allotments,                 )       RM-9058
FM Broadcast Stations.               )
(Payson, Arizona)                                                                          )

                            REPORT AND ORDER 
                         (Proceeding Terminated)                               

   Adopted:  February 11, 1998                                   Released:  February 20, 1998

 By the Chief, Allocations Branch:
 
      1.  The Commission considers herein the Notice of Proposed Rule Making ("Notice"),
 12 FCC Rcd 4908 (1997), issued in response to a petition for rule making filed by Steven D.
 Bingham ("petitioner") proposing the allotment of FM Channel 257A to Payson, Arizona, as
 that community's third local FM transmission service.  Petitioner filed supporting comments
 in response to the Notice.  No other comments were received.
 
      2.  In light of the interest expressed in providing a third local FM transmission service
 to Payson, Arizona, we will allot Channel 257A to that community, as requested.
 
      3.  As stated in the Notice, Channel 257A can be allotted to Payson, Arizona,
 consistent with the minimum distance separation requirements of Section 73.207(b)(1) and (3)
 of the Commissions Rules without a site restriction, at coordinates 34-13-54 and 111-20-12. 
 As Payson is located within 320 kilometers (199 miles) of the U.S.-Mexico border,
 concurrence of the Mexican government in the requested allotment of Channel 257A to that
 community was requested.  The consent request remains outstanding.  Therefore, in light of
 the prolonged pendency of this proceeding, yet in an effort to introduce a new FM service to
 Payson, we shall grant the proposal with the following interim condition:  "Operation with the
 facilities specified herein is subject to modification, suspension, or termination without right
 to a hearing, if found by the Commission to be necessary in order to conform to the
 Agreement."   
 
       4.  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 6,
  1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with
 respect to Payson, Arizona, as follows:
 
       City           Channel No.                              
                    
        Payson, Arizona                    257A, 266C1, 282C
 
       5.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
       6.  A filing window for Channel 257A at Payson, Arizona, 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.  For further information concerning the above, contact Nancy Joyner, 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