**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Woodbury, Georgia) ) MM Docket No. 01-13

) RM-10038

)

(Reliance, Wyoming) ) MM Docket No. 01-20

) RM-10049

)

(Eagle Lake, Texas) ) MM Docket No. 01-80

) RM-10089

)

(Montana City, Montana) ) MM Docket No. 01-81

) RM-10090

)

(Plainville, Georgia) ) MM Docket No. 01-102

) RM-10100

)

(Rosholt, Wisconsin) ) MM Docket No. 01-103

) RM-10102

)

(Morgantown, Kentucky) ) MM Docket No. 01-114

) RM-10128

)

(Boswell, Oklahoma) ) MM Docket No. 01-136

) RM-10155

)

(Frederic, Michigan) ) MM Docket No. 01-201

) RM-10216

[REPORT AND ORDER]{.underline}

(Proceedings Terminated)

**Adopted:** **April 3, 2002;** **Released: April 12, 2002**

By the Assistant Chief, Audio Division:

1\. The Commission has before it [Notices of Proposed Rule
Making]{.underline}, specified below, setting forth nine separate
proposals to allot a FM channel to a specific community. Each petitioner
filed comments in support of its proposal reaffirming its intention to
apply for the specified channel, if allotted. Each proposal complies
with all Commission technical requirements and we continue to believe
that each proposal would serve the public interest. Accordingly, we
adopt each proposal as originally proposed. These are as follows:

**A. [MM Docket No. 01-13,]{.underline}** **[RM-10038; 16 FCC Rcd 2164
(2001)]{.underline}**

**Action:** At the request of Bernice P. Hedrick are allotting Channel
233A at Woodbury, Georiga, as the community's first local aural
transmission service.

**Coordinates:** The reference coordinates for Channel 233A at Woodbury
are 32-54-40 North Latitude and 84-28-34 West Longitude.

**Additional Information:** This allotment requires a site restriction
of 13.0 kilometers (8.1 miles) southeast to avoid short-spacings to the
licensed sites of Station WSTR(FM), Channel 231C, Smyrna, Georgia, and
Station WYSF(FM), Channel 233C, Birmingham, Alabama.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**B. [MM Docket No. 01-20, RM-10049; 16 FCC Rcd 2305
(2001)]{.underline}**

**Action:** At the request of Reliance Broadcasting, we are allotting
Channel 265C3[^1] at Reliance, Wyoming, as the community's first local
aural transmission service.[^2] Comments in support of the proposal were
also filed by BK Radio stating its intention to apply for the channel,
if allotted.

**Coordinates:** The reference coordinates for Channel 265C3 at Reliance
are 41-40-09 North Latitude and 109-11-47 West Longitude.

**Additional Information:** This allotment is at city reference
coordinates and requires no site restriction.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**C. [MM Docket No. 01-80, RM-10089; 16 FCC Rcd 7210
(2001)]{.underline}**

**Action:** At the request of Stargazer Broadcasting, Inc., we are
allotting Channel 237C3 at Eagle Lake, Texas, as the community's first
local aural transmission service.[^3] Comments in support of the
proposal were also filed by Maurice Salsa, Charles Crawford, John W.
Barger, and Elgin FM Limited Partnership stating their intention to
apply for the channel, if allotted to the community.

**Coordinates:** The reference coordinates for Channel 237C3 at Eagle
Lake are 29-35-15 North Latitude and 96-30-03 West Longitude.

**Additional Information:** This allotment requires a site restriction
of 16.4 kilometers (10.2 miles) west to avoid short-spacings to the
licensed sites of Station KVIC(FM), Channel 236C3, Victoria, Texas, and
Station KIKK-FM, Channel 239C, Houston, Texas.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**D. [MM Docket No. 01-81, RM-10090; 16 FCC Rcd 7210 (2001)
]{.underline}**

**Action:** At the request Montana Magic Investments, Inc., we are
allotting Channel 293A at Montana City, Montana, as the community's
first local aural transmission service.[^4]

**Coordinates:** The reference coordinates for Channel 293A at Montana
City are 46-33-43 North Latitude and 111-57-39 West Longitude.

**Additional Information:** This allotment requires a site restriction
of 3.8 kilometers (2.4 miles) north to avoid a short-spacing to the
license site of Station KWYS-FM, Channel 293C, Island Park, Idaho. Since
Montana City is located within 320 kilometers (200 miles) of the
U.S.-Canadian border, concurrence of the Canadian government was
requested but has not been received. If a construction permit is granted
prior to the receipt of formal concurrence in the allotment by the
Canadian government, the construction permit will include the following
condition: "Operation with the facilities specified herein is subject to
modification, suspension, or termination without right to hearing, if
found by the Commission to be necessary in order to conform to the
USA-Canadian FM Broadcast Agreement."

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**E. [MM Docket No. 01-102,]{.underline}** **[RM-10100; 16 FCC Rcd 8937
(2001)]{.underline}**

**Action:** At the request of Plainville Communications, we are
allotting Channel 285A at Plainville, Georgia, as the community's first
local aural transmission service. Comments in support of the proposal
were also filed by Georgia-Carolina Radiocasting Companies stating its
intention to apply for the channel, if allotted to the community.

**Coordinates:** The reference coordinates for Channel 285A at are
34-25-58 North Latitude and 85-05-48 West Longitude.

**Additional Information:** This allotment requires a site restriction
of 6.5 kilometers (4.0 miles) northwest to avoid a short-spacing to the
licensed site of Station WFSH-FM, Channel 284C1, Athens, Georgia.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**F. [MM Docket No. 01-103,]{.underline}** **[RM-10102; 16 FCC Rcd 8937
(2001)]{.underline}**

**Action:** At the request of Craig Norlin, we are allotting Channel
263A at Rosholt, Wisconsin, as the community's first local aural
transmission service.

**Coordinates:** The reference coordinates for Channel 263A at Rosholt
are 44-40-12 North Latitude and 89-23-45 West Longitude.

**Additional Information:** This allotment requires a site restriction
of 8.6 kilometers (6.3 miles) northwest to avoid a short-spacing to the
license site of Station WIZD(FM), Channel 260C3, Rudolph, Wisconsin, and
Station WNCY-FM, Channel 262C2, Neenah-Menasha, Wisconsin.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**G. [MM Docket No. 01-114,]{.underline}** **[RM-10128; 16 FCC Rcd 11103
(2001)]{.underline}**

**Action:** At the request of Green River Radio Company, we are
allotting Channel 256A at Morgantown, Kentucky, as the community's first
local aural transmission service.

**Coordinates:** The reference coordinates for Channel 256A at
Morgantown are 37-15-34 North Latitude and 86-48-40 West Longitude.

**Additional Information:** This allotment requires site restriction of
11.9 kilometers (7.4 miles) west to avoid short-spacings to the licensed
sites of Station WKNK(FM), Channel 256A, Edmonton, Kentucky and Station
WKDQ(FM), Channel 258C, Henderson, Kentucky. The coordinates for Channel
256A at Morgantown are 37-15-34 North Latitude and 86-48-40 West
Longitude.

.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**H. [MM Docket No. 01-136,]{.underline}** **[RM-10155; 16 FCC Rcd 12722
(2001)]{.underline}**

**Action:** At the request of Boswell Broadcasting Company, we are
allotting Channel 282C3 at Boswell, Oklahoma as the community's first
local aural transmission service. Comments in support of the proposal
were also filed by Boswell Broadcasters of Oklahoma stating its
intention to apply for the channel, if allotted to the community.

**Coordinates:** The reference coordinates for Channel 282C3 at Boswell
at are 34-01-38 North Latitude and 95-52-08 West Longitude.

**Additional Information:** This allotment is at city reference
coordinates and requires no site restriction.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

**I. [MM Docket No. 01-201, RM-10216; 16 FCC Rcd 1580 (2001)
]{.underline}**

**Action:** At the request of Jeraldine Anderson, we are allotting
Channel 237A at Frederic Michigan, as the community's first local aural
transmission service.[^5]

**Coordinates:** The reference coordinates for Channel 237A at Frederic
are 44-46-29 North Latitude and 84-39-29 West Longitude.

**Additional Information:** This allotment requires a site restriction
of 7.6 kilometers (4.7 miles) east to avoid short-spacings to the
licensed sites of Station WCFX(FM), Channel 237A, Clare, Michigan, and
Station WJZJ(FM), Channel 238C2, Glen Arbor, Michigan. Since Frederic is
located within 320 kilometers (200 miles) of the U.S.-Canadian border,
concurrence of the Canadian government has been obtained.

**FCC Contact:** Sharon P. McDonald (202) 418-2180

2\. Accordingly, pursuant to the authority found 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 **May 28, 2002,** the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the communities listed below, to read as follows:

[Community]{.underline} [Channel No.]{.underline}

Woodbury, Georgia 233A

Reliance, Wyoming 265C3

Eagle Lake, Texas 237C3

Montana City, Montana 293A

Plainville, Georgia 285A

Rosholt, Wisconsin 263A

Morgantown, Kentucky 256A

Boswell, Oklahoma 282C3

Frederic, Michigan 237A

3\. The window period for filing applications for these allotments will
not be opened at this time. Instead, the issue of opening these
allotments for auction will be addressed by the Commission in a
subsequent order.

4\. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE
TERMINATED.

5\. For further information concerning a specific docket, contact the
FCC Contact listed above for that docket.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos, Assistant Chief

Audio Division

Office of Broadcast License Policy

Media Bureau

[^1]: Although Channel 288C3 was proposed at reference coordinates
    41-39-44 NL and 109-06-50 WL in the [Notice of Proposed Rule
    Making,]{.underline} we are allotting alternate Channel 265C3 at
    Reliance, Wyoming. On March 6, 2001, Ashley Communications, Inc.
    filed an application (File No. BPH-20010306ABN) requesting a minor
    change in its facilities. The application was filed after the
    instant rulemaking petition, but timely filed to be treated as a
    counterproposal in the context of this proceeding. However, an
    alternate Class C3 channel was found for Reliance eliminating the
    need for a comparative analysis. [See]{.underline} [Conflicts
    Between Applications and Petitions for Rulemaking to Amend the FM
    Table of Allotments]{.underline}, 7 FCC Rcd 4917 (1992), [recon.
    granted in part and denied in part]{.underline}, 8 FCC Rcd 4743
    (1993). [See]{.underline} [also Amendment of the Commission's Rules
    to Permit FM Channel and Class Modifications by
    Application]{.underline}, 8 FCC Rcd 4735 (1993).

[^2]: A staff search revealed that Reliance is a Census Designated Place
    located in Sweetwater County with a 2000 Census population of 665
    persons. It has its own post office and zip code (82943). It also
    has a grade school, volunteer fire department and some businesses,
    e.g., W. J. Transport, Rocket Sanitation, Wyoming Sanitation, Ice
    Age, Pepsi-Cola Bottling Co., Western Wyoming Beverages, Inc., Van
    Waters & Rogers, Lyons Machine Services, Four Square Builders,
    Dowell A Division of Schlumberger Technology Corp., Aspen Welding &
    Fabrication, Action Plumbing & Heating, Knudsen Asphalt Maintenance,
    and Pablo & Picasso Painting.

[^3]: Pursuant to Section 1.52 of the Commission's Rules, petitioner was
    requested to provide an affidavit verifying that the statements
    contained in its petition were accurate to the best of its
    knowledge, and petitioner has complied accordingly.

[^4]: In response to the request to demonstrate "community" status,
    petitioner states that while Montana City is unincorporated, the
    city has several businesses, including gas stations, restaurants, a
    hotel, a full-service bank, a beauty parlor and more. Further, the
    Southern Baptist Convention, a world-wide religious organization,
    recently invested substantial funds into establishing a church in
    Montana City, completing a large church building and grounds in
    March, 2001.

    Pursuant to Section 1.52 of the Commission's Rules, petitioner was
    requested to provide an affidavit verifying that the statements
    contained in its petition were accurate to the best of its
    knowledge, and petitioner has complied accordingly.

[^5]: The petition for rule making was filed by Alpine Wireless of
    Frederic ("Alpine"). In its comments, Alpine stated that it was no
    longer interested in pursuing the allotment of Channel 237A at
    Frederic, Michigan. However, comments in support of the proposal
    were also filed by Jeraldine Anderson, so we are allotting the
    channel.

    In accordance with Section 1.420 (j) of the Commission's Rules,
    Alpine filed a declaration stating that it received no consideration
    in exchange for not pursuing the allotment.