**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 96-216

Table of Allotments, ) RM-8895

FM Broadcast Stations. )

(Portsmouth, Ohio) )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: June 18, 1997** **Released: June 27, 1997**

By the Chief, Allocations Branch:

1\. At the request of Peter L. Cea (\"petitioner\"), the Commission has
before it the [Notice of Proposed Rule Making]{.underline}, 11 FCC Rcd
13876 (1996), proposing the allotment of Channel 298A to Portsmouth,
Ohio, as the community\'s third local commercial FM transmission
service. Comments were filed by the petitioner, Jackson County
Broadcasting, Inc. (\"Jackson County\"), Hometown Broadcasting
(\"Hometown\"), Roger King (\"King\"), J. Gilbert Hammond (\"Hammond\"),
and Dennis Jolly (\"Jolly\").[^1]

2\. Petitioner filed comments reiterating his intention to apply for
Channel 298A, if allotted. In addition, Jackson County and Hometown
Broadcasting filed supporting comments in which they individually state
an intention to apply for the channel. Jackson County states that the
allotment could provide Portsmouth, a community of 22,700 persons, with
an additional competitive commercial service. King, Hammond and Jolly
oppose the allotment at Portsmouth. King, as the manager of Tire World
of Maysville, Kentucky, and Jolly, an automobile dealer in the West
Union, Ohio, area, state that they have successfully advertised on
Station WIOK, which operates on the co-channel in Falmouth, Kentucky.
They contend that great harm will result from the allotment of Channel
298A at Portsmouth because Station WIOK\'s present coverage area will be
adversely affected. Hammond, President of Hammond Broadcasting, Inc.,
the licensee of Station WIOK, states that its station is located in
Pendleton County, Kentucky. According to Hammond, an engineering study
indicates that Station WIOK will lose \"significantly large\" listening
areas in both Kentucky and Ohio if Channel 298A is allotted to
Portsmouth. Further, Hammond states that the lost listening areas are
ones upon which it depends on for economic support from both listeners
and advertisers. Hammond contends that Station WIOK has reached out to
these areas east and northeast of its community of license because of
the \"infringement\" of new stations in Greensburg and Corydon, Indiana,
Dayton, Ohio, and Owingsville, and London, Kentucky. If a new station is
now allowed at Portsmouth, Hammond contends that it will lose both
listeners and advertisers.

3\. The economic impact concerns of King, Hammond and Jolly that a new
station at Portsmouth will restrict Station KIOK\'s listening and
advertising areas are issues which the Commission has already determined
are not relevant in either a licensing or allotment context.
[See]{.underline} [FM Channel Assignments; Policies Regarding
Detrimental Effects of Proposed New Broadcast Stations on Existing
Stations]{.underline}, 3 FCC Rcd 638 (1988), [recon.
denied]{.underline}, 4 FCC Rcd 2276 (1989). Consequently, there is no
basis under the current state of Commission precedent for consideration
of these issues. Further, since Channel 298A can be allotted to
Portsmouth in compliance with the Commission\'s minimum distance
separation requirements, there will be no infringement upon Station
WIOK\'s protected interference-free contour.

4\. We believe the public interest would be served by allotting Channel
298A to Portsmouth, Ohio, since it could provide the community with its
third local commercial FM service. Channel 298A can be allotted to
Portsmouth in compliance with the Commission\'s minimum distance
separation requirements without the imposition of a site
restriction.[^2]

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 August 11, 1997, 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]{.underline} [Channel No.]{.underline}

Portsmouth, Ohio 257A, 281C, 298A

6\. The window period for filing applications for Channel 298A at
Portsmouth, Ohio, will open on August 11, 1997, and close on September
11, 1997.

7\. IT IS FURTHER ORDERED, That the counterproposal filed by IM Media
Broadcasting, Inc., to allot Channel 298A to Oak Hill, Ohio, IS
DISMISSED.

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

9\. For further information concerning this proceeding, contact Leslie
K. Shapiro, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: ^?^ Comments were also filed by Rev. James Boggs, Bobby Carpenter
    and Rev. Carl Morton. Section 1.420 of the Commission\'s Rules, as
    well as paragraph 4 of the Appendix to the [Notice]{.underline},
    states that comments must be served on the petitioner. However,
    these comments were not served on the petitioner and thus will not
    be considered herein. In addition, a counterproposal was filed by IM
    Media Broadcasting, Inc. (\"IM Media\"), requesting the allotment of
    Channel 298A to Oak Hill, Ohio. However, based on a staff
    engineering review, Channel 298A cannot be allotted to Oak Hill in
    compliance with the Commission\'s minimum distance separation and
    other technical requirements. In order to comply with the
    Commission\'s mileage separation requirements, Channel 298A at Oak
    Hill requires a site restriction of 16.9 kilometers (10.5 miles)
    west of Oak Hill. This distance is too far from the community to
    provide it with the required 70 dBu signal. Therefore, IM Media\'s
    counterproposal will be dismissed.

[^2]: ^?^ The coordinates for Channel 298A at Portsmouth are 38-44-00
    North Latitude and 82-59-56 West Longitude.