******************************************************** 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. 97-104 Table of Allotments, ) RM-9048 FM Broadcast Stations. ) (Wellington, Texas) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 18, 1998 Released: February 27, 1998 By the Chief, Allocations Branch: 1. At the request of Stacey Allen Austin ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 3696(1997), proposing the allotment of Channel 267C3 to Wellington, Texas, as the community's first local aural transmission service. Petitioner filed comments and reply comments restating her interest in applying for Channel 267C3, if allotted. Hunt Broadcasting, Inc., licensee of Station KDVE(FM), licensee of Channel 269C3, Denison-Sherman, Texas, filed a counterproposal and reply comments. 2. We believe the public interest would be served by allotting Channel 278C3 instead of Channel 267C3 since petitioner's has agreed to the alternate channel and its allotment will afford Hunt Broadcasting an opportunity to submit its change of community counterproposal as a new petition for rule making once the Application for Review in MM Docket No. 95-126 is finalized. The allotment of Channel 278C3 will provide Wellington with its first local aural transmission service. Channel 278C3 can be allotted to Wellington in compliance with the Commission's minimum distance separation requirements with a site restriction of 4.5 kilometers (2.8 miles) southwest in order to avoid a short-spacing conflict with the licensed operation of Station KWOX(FM), Channel 266C, Woodward, Oklahoma. 3. 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 13, 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. Wellington, Texas 278C3 4. A filing window for Channel 278C3 at Wellington, Texas, 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. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau