******************************************************** 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. 98-58 Table of Allotments, ) RM-9252 FM Broadcast Stations. ) (Brewster, Massachusetts ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 20, 1999 Released: January 29, 1999 By the Chief, Allocations Branch: 1. In response to a petition filed by Brewster Broadcast Company ("BBC"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 8537 (1998), requesting the allotment of Channel 232A at Brewster, Massachusetts, as that community's first local broadcast service. BBC and Boch Broadcasting Limited Partnership ("Boch") filed comments supporting the allotment of Channel 232A at Brewster. No other comments were received in response to the Notice in this proceeding. 2. The Notice pointed out that although BBC provided sufficient information to demonstrate community status, it was not clear if BBC was providing information for the unincorporated community of Brewster or the Town of Brewster. BBC was requested to clarify this issue. BBC states that the allotment is requested for the incorporated Town of Brewster which has an estimated 1997 census population of 8,460 people. According to BBC, Brewster is an artists colony which was settled in 1656 and incorporated in 1803. BBC states that the information provided in its petition for rule making relates to the incorporated community of Brewster. BBC points out that Brewster is governed by a board of selectmen, has its own schools, library, churches, and a chamber of commerce. BBC provided the names of numerous businesses that operate in Brewster, several museums and its own baseball team - the Btewster Whitecaps. 3. We believe that BBC has clarified the issue of whether the allotment was for Brewester or the Town of Brewster and has provided us with sufficient indicia to conclude that Brewster is a community for allotment purposes. It is an identifiable population grouping with businesses and community organizations that identify themselves with the residents of Brewster. 4. After consideration of the information filed in this proceeding, we believe the public interest would be served by the allotment of Channel 232A at Brewster, Massachusetts. Channel 232A can be allotted to Brewster in compliance with the Commission's spacing requirements provided there is a site restriction 6.3 kilometers (3.9 miles) west of the community. The site restriction will prevent a conflict with Station WHJY, Channel 231B, Providence, Rhode Island, and Station WJMN, Channel 233B, Boston, Massachusetts. 5. 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 15, 1999, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Brewster, Massachusetts 232A 6. A filing window for Channel 232A at Brewster, Massachusetts, 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 Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the application filing process for Channel 232A at Brewster, Massachusetts, 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