**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of

Amendment of Section 73.202(b), ) MM Docket No. 99-305

Table of Allotments, ) RM-9537

FM Broadcast Stations. )

(Alberton, Montana) )

)

(Big Sky, Montana) ) MM Docket No. 99-307 ) RM-9739

)

)

(Albany, Texas) ) MM Docket No. 99-286

) RM-9713

)

(Seymour, Texas) ) MM Docket No. 99-303 ) RM-9737

)

(Inglis, Florida) ) MM Docket No. 99-306 ) RM-9729 )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: December 29, 1999 Released: January 7, 2000**

By the Chief, Allocations Branch:

1\. The Commission has before it five separate [Notices of Proposed Rule
Making]{.underline} (\"[NPRMs]{.underline}\"), as specified below,
setting forth separate proposals to allot channels to specific
communities. Although these [NPRMs]{.underline} were issued separately
and the proposals are not mutually exclusive with each other, we are
consolidating them in this [Report and Order]{.underline} as part of our
effort to expedite and make more efficient the FM allotment rulemaking
process because these proceedings are uncontested. While consolidated,
these dockets are still separate forfinality purposes. In the event a
reconsideration petition is directed to an action in a particular
docket, a separate [Memorandum Opinion and Order]{.underline} will
resolve that reconsideration petition.

2\. 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. 99-305; RM 9537; DA No. 99-2187, adopted October 6,
1999]{.underline}**

**Action:** At the request of Mountain West Broadcasting we are
allotting Channel 294C3 at Alberton, Montana, as that community\'s
second local broadcast service.

**Coordinates:** 47-00-06 NL and 114-28-21 WL

**Additional Information:** Channel 294C3 can be allotted to Alberton
without a site restriction. Since Alberton is located within 320
kilometers of the U.S.-Canadian border, concurrence of the Canadian
Goverment has been obtained for this allotment.

**FCC Contact:** Kathleen Scheuerle, (202) 418-2180

**B. [MM Docket No. 99-307; RM-9739; DA No. 99-2187, adopted October 6,
1999]{.underline}**

**Action:** At the request of R. Steven Hicks, we are allotting Channel
242A to Big Sky, Montana, as the community\'s second local broadcast
service.

**Coordinates:** 45-16-02 NL and 111-22-14 WL

**Additional Information:** Channel 242A can be allotted to Big Sky with
a site restriction 7.1 kilometers (4.4 miles) west of the community.

**FCC Contact:** Kathleen Scheuerle (202) 418-2180.

**C. [MM Docket No. 99-286; RM-9713; DA No. 99-1883, adopted September
8, 1999]{.underline}**

**Action:** At the request of Albany Broadcasting Company, we are
allotting Channel 255A at Albany, Texas, as that community\'s first
local broadcast service.

**Coordinates:** 32-43-36 NL and 99-17-42 WL

**Additional Information:** Channel 255A can be allotted to Albany
without a site restriction.

**FCC Contact:** Kathleen Scheuerle, (202) 418-2180

**D. [MM Docket No. 99-303; RM-9737; DA No. 99-2187, adopted October 6,
1999]{.underline}**

**Action:** At the request of Seymour Broadcasting Company, we are
allotting Channel 254A to Seymour, Texas, as the community\'s second
local FM broadcast service.

**Coordinates:** 33-29-57 NL and 99-15-06 WL

**Additional Information:** Channel 254A can be allotted to Seymour with
a site restriction 10.1 kilometers (6.3 miles) south of the community.

**FCC Contact:** Kathleen Scheuerle, (202) 418-2180

**E. [MM Docket No. 99-306; RM-9729, DA No. 99-2187, adopted October 6,
1999]{.underline}**

**Action:** At the request of Levy County Broadcasting, we are allotting
Channel 257A to Inglis, Florida, as the community\'s second local FM
broadcast service.

**Coordinates:** 29-07-49 NL and 82-41-19 WL

**Additional Information:** Channel 257A can be allotted to Inglis with
a site restriction 11.1 kilometers (6.9 miles) north of the community.
WGUL-FM, Inc. ("WGUL"), licensee of a number of stations in Florida,
including Station WXOF, Yankeetown, Florida, objects to the proposed
allotment at Inglis. WGUL voiced its concerns with the Commission
allotting FM channels to communities the size of Inglis. WGUL contends
that the Commission should give some consideration of whether a station
on the allotted channel at the allotted community has a chance of
providing service in the public interest, convenience and necessity.
WGUL feels that perhaps the channel should be preserved for some other
station to use it as an upgrade, or even as some low power FM station to
serve a neighborhood in the future. With respect to WGUL's concerns, we
do not address the potential economic impact of new allotments on
existing stations in the rule making process. [See]{.underline} [FM
Channel Assignments; Policies Regarding Detrimental Effects of proposed
New Broadcast Stations on Existing Stations]{.underline}, 3 FCC Rcd 638
(1988), [affirmed]{.underline}, 4 FCC Rcd 2276 (1989).

**FCC Contact:** Kathleen Scheuerle, (202) 418-2180

3\. 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 February 22, 2000, 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 Channel No.

Alberton, Montana 288C2, 294C3

Big Sky, Montana 283A, 242A

Albany, Texas 255A

Seymour, Texas 230C2, 254A

Inglis, Florida 257A, 282A

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

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

6\. For further information concerning a specific docket, contact the
FCC Contact person listed above for that docket. Questions related to
the application filing process 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