******************************************************** 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. 97-205 Table of Allotments, ) RM-9161 FM Broadcast Stations. ) (Perry, Florida) ) REPORT AND ORDER (Proceeding Terminated) Adopted: April 16, 1998 Released: April 24, 1998 By the Chief, Allocations Branch: 1. The Commission has before it for consideration the Notice of Proposed Rule Making, 12 FCC Rcd 15230 (1997), issued in response to a petition filed by Frank Vela ("Vela"). The Notice proposed the allotment of Channel 228A to Perry, Florida, as that community's second local FM broadcast service. Vela filed comments and reply comments reaffirming his interest in the allotment of an FM channel at Perry. Dickerson Broadcasting, Inc. ("Dickerson") filed comments and a counterproposal. Women in FLA Broadcasting, Inc. ("Women"), licensee of Station WDFL, Cross City, Florida, filed reply comments. On March 2, 1998, Dickerson Broadcasting, Inc. withdrew the comments and counterproposal submitted on November 17, 1997. 2. We believe the public interest would be served by allotting Channel 228A to Perry, Florida, as it will provide the community with its second local FM broadcast service. Channel 228A can be allotted to Perry, Florida, in compliance with the minimum distance separation requirements of the Commission's Rules provided there is a site restriction .8 kilometers (.5 miles) east of the community. The site restriction will prevent a conflict with Station WEBZ, Port St. Joe, Florida. 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 June 8, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed below, as follows: Community Channel Number Perry, Florida 221A, 228A 4. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail, Return Receipt Requested, a copy of this Order to the following: Harry F. Cole Bechtel & Cole, Chartered 1901 L Street, N.W., Suite 250 Washington, D. C. 20036 (Counsel for Dickerson Broadcasting, Inc.) 5. A filing window for Channel 228A at Perry, Florida, 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. 6.IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning the above, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 228A at Perry, Florida, 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