**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-237

Table of Allotments, ) RM-10006

FM Broadcast Stations. )

(Window Rock, Arizona) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

Adopted: February 7, 2001 Released: February 16, 2001

By the Chief, Allocations Branch:

1\. The Commission considers herein the [Notice of Proposed Rule
Making]{.underline}, (DA 00-2591), released November 17, 2000, issued in
response to a petition for rule making filed by Western Indian
Ministries, Inc. ("petitioner"), licensee of Station KWIM, Channel
274C3, Window Rock, Arizona, proposing the substitution of Channel 285C2
for Channel 274C3 and modification of its license accordingly.
Petitioner filed supporting comments in response to the
[Notice]{.underline} stating its intention to apply for Channel 285C2,
if allotted. No other comments were filed.

2\. We believe the public interest would be served by substituting
Channel 285C2 for Channel 274C3 at Window Rock, Arizona, since it could
provide the community with an expanded coverage area FM service. In
accordance with Section 1.420(g) of the Commission's Rules, interested
parties were given an opportunity to file for an additional equivalent
Class C2 channel at Window Rock. However, no other expressions of
interest were received. Therefore, as proposed, we will substitute
Channel 285C2 for Channel 274C3 at Window Rock, Arizona, and modify the
license for Station KWIM, as requested.

3\. As stated in the [Notice]{.underline}, Channel 285C2 can be allotted
to Window Rock at the present site of Station KWIM, located 3.3
kilometers (2 miles) southeast of the community at coordinates 35-39-19
NL and 109-01-59 WL.

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 2, 2001 , the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED
with respect to Window Rock, Arizona, as follows:

> [City]{.underline} [Channel No.]{.underline}
>
> Window Rock, Arizona 241C1, 285C2

5\. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, the license of Western Indian
Ministries (File No. BLH-19951010KC) for Station KWIM, Window Rock,
Arizona, IS MODIFIED to specify operation on Channel 285C2 in lieu of
Channel 274C3, subject to the following conditions:

> \(a\) Within 90 days of the effective date of this
> [Order]{.underline},
>
> the licensee shall submit to the Commission a minor change application
> for a construction permit (Form 301), specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620; and
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter location or to avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the
> Commission\'s Rules.

6\. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any
party seeking a change in community of license of a television or FM
allotment or an upgrade of an existing FM allotment, if the request is
granted, must submit a rule making fee when filing its application to
implement the change in community of license and/or upgrade. As a result
of this proceeding, Western Indian Ministries, Inc., licensee of Station
KWIM, is required to submit a rule making fee in addition to the fee
required for the applications to effectuate the upgrade at Window Rock.

7\. IT IS FURTHER ORDERED, That the Commission\'s Office of Public
Affairs, Reference Operations Division, SHALL SEND a copy of this
[Report and Order]{.underline} by Certified Mail, Return Receipt
Requested, to the licensee, as follows: Western Indian Ministries, Inc.,
P.O. Box 9090, Window Rock, AZ 86515 and to Timothy C. Cutforth, P.C.,
Vice Chair of the Board, Western Indian Ministries, Inc., 965 S. Irving
Street, Denver, CO 80219.

> 8\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

9\. For further information concerning the above, contact Nancy Joyner,
Mass Media Bureau, (202) 418-2180.

> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau